September 10, 2003 - Regular City Council Session

City Council, September 10, 2003

A regular session of the Pawtucket City Council is held Wednesday, September 10, 2003, at 7:09 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.

Present – President Barry, Councilors Bray, Carr, Clemente, Grebien, Hodge, Hoyas, Moran, and Wildenhain.

Absent – 0.

President Barry presides.

THE FORMAL HEARING ON THE FOLLOWING LICENSE IS LAID ON THE TABLE UNTIL OCTOBER 8, 2003 AT 7:00 P.M. ON A UNANIMOUS VOICE VOTE:

2^nd Class Tavern License – Leo Choiniere, 85 Montgomery St., LIC# 00228

THE COUNCIL RECESSES AT 7:11 P.M. TO CONDUCT A PUBLIC HEARING ON THE FOLLOWING:

RESOLUTION ADOPTING THE 2003 COMPREHENSIVE PLAN FOR THE CITY OF PAWTUCKET AND REPLACING THE 1995 COMPREHENSIVE PLAN IN ITS ENTIRETY.

THE COUNCIL RECONVENES AT 7:13 P.M.

The reading of the records of August 20, 2003, is dispensed with and the records are APPROVED as prepared by the Clerk.

Upon motion made by Councilor Bray, seconded by Councilor Hodge, the *Consent Agenda is APPROVED, on a unanimous voice vote.

*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:

622 A. Communication from Ronald F. Travers, Director, Zoning and Code Enforcement, to Council President John Barry, III, & Council Members. (85 Montgomery Street – Rooming House)

614 B. Communication from John E. Carney, Director of Public Works, to Jason P. Newman. (Interstate 95)

589 & 126 C. Communication from John L. DiPanni, to His Honor Mayor James E. Doyle. (Resignation from the Pawtucket Parks Commission)

7 D. Communication from John Netto, EVP/Division President, Earth Tech, Inc., to Pamela M. Marchand, P.E., Chief Engineer, Pawtucket Water Supply Board. (Contract)

589 E. Communication from His Honor Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council. (Appointment of Kenneth McGill as Registrar of the Board of Canvassers)

589 F. Communication from His Honor Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council. (Appointment of Harvey E. Goulet as Director of Administration)

Communication from Anita & Humberto Cordeiro, to John J. Barry, President, Pawtucket City Council. (Pit Bull Dogs) is READ AND ORDERED FILED AND REFERRED TO THE ANIMAL CONTROL COMMITTEE.

Communication from Margaret M. Lynch-Gadaleta, City Solicitor, to the Pawtucket City Council. (Draft Ordinance Amendments to Animal Ordinance) is READ AND ORDERED FILED AND REFERRED TO THE ANIMAL CONTROL COMMITTEE.

Communication from Michael D. Cassidy, Director, Planning and Redevelopment, to the Honorable Members of the Pawtucket City Council. (Restaurant Development in Downtown) is READ AND ORDERED FILED AND REFERRED TO THE LICENSE COMMITTEE.

Communication from Margaret M. Lynch-Gadaleta, City Solicitor, to Janice M. LaPorte, CMC, City Clerk. (BYOB) is READ AND ORDERED FILED AND REFERRED TO THE ORDINANCE COMMITTEE.

7 Communication from Anthony B. Simeone, Executive Director, RI Clean Water Finance Agency, to John J. Barry, III, City Council President. (Anticipated borrowing from the State revolving fund) is READ AND ORDERED FILED AND REFERRED TO THE FINANCE COMMITTEE.

UPON RECOMMENDATION OF THE CITY PROPERTY COMMITTEE AND THE PARKS COMMISSION SUB COMMITTEE, THE FOLLOWING REQUEST IS APPROVED ON A TEMPORARY BASIS UNTIL NOVEMBER 2003, ON A UNANIMOUS VOICE VOTE:

641 Communication from John E. Carney, Director of Public Works, to the Pawtucket City Council. (Proposal for Pony & Carriage Rides in Slater Park)

UPON RECOMMENDATION OF THE CITY PROPERTY COMMITTEE, A PUBLIC HEARING IS SCHEDULED FOR WEDNESDAY, OCTOBER 8, 2003, AT 7:00 P.M. FOR THE FOLLOWING REQUEST ON A UNANIMOUS VOICE VOTE:

Communication from Michael D. Cassidy, Executive Director, Pawtucket Redevelopment Agency, to President John J. Barry, III, and the Honorable City Council (Request to abandon a portion of Main Street from Park Place West to Dexter Street)

THE FOLLOWING RESOLUTION SUBMITTED BY THE CITY PROPERTY COMMITTEE WITH THE RECOMMENDATION FOR APPROVAL IS TAKEN UNDER ADVISEMENT ON A UNANIMOUS VOICE VOTE:

023 RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO EXECUTE ON BEHALF OF THE CITY OF PAWTUCKET A DEED CONVEYING PLAT 47, LOT 788, ON THOMAS AVENUE TO AJV CONSTRUCTION.

UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING RESOLUTION IS READ AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:

AYES - President Barry, Councilors Bray, Clemente, Grebien, Hodge, Hoyas, Moran, and Wildenhain.

NOES – Councilor Carr.

636 RESOLUTION AUTHORIZING AND APPROVING THE CITY OF PAWTUCKET TO ENTER INTO A TEN (10) YEAR REAL ESTATE TAX STABILIZATION AGREEMENT WITH BLACKSTONE EXCHANGE, LLC, FOR THE REAL ESTATE LOCATED AT TEN EXCHANGE COURT. (Plat 22, Lot 327 – formerly lots 319 & 320)

UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING RESOLUTION IS READ AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:

AYES - President Barry, Councilors Bray, Carr, Clemente, Grebien, Hodge, Hoyas, Moran, and Wildenhain.

NOES - 0.

588 & 7 RESOLUTION OF THE CITY OF PAWTUCKET AUTHORIZING THE MAYOR TO APPLY FOR A LOAN FROM THE RHODE ISLAND CLEAN WATER FINANCE AGENCY IN AN AMOUNT NOT TO EXCEED $119,000,000

THE CHAIR RECOGNIZES COUNCILOR HOYAS.

With majority consent of the Council, the following motion made by Councilor Hoyas, seconded by Councilor Hodge, is PASSED on a unanimous voice vote:

The Clerk is instructed to send a communication to George L. Kelley, III, Chief of Police, regarding the police activity at the festival held last weekend at Grupo Amigo on Memorial Drive.

The Council is requesting any and all official police reports including but not limited to complaint calls to the station, parking violations and tickets issued, comments from the paid police detail, as well as any other officers that were called to the scene regarding parking problems, accessibility for emergency services and noise concerns.

The following resolution is read and PASSED on a roll call vote, as follows:

AYES - President Barry, Councilors Bray, Carr, Clemente, Grebien, Hodge, Hoyas, Moran, and Wildenhain.

NOES - 0.

588 RESOLUTION ADOPTING THE 2003 COMPREHENSIVE PLAN FOR THE CITY OF PAWTUCKET AND REPLACING THE 1995 COMPREHENSIVE PLAN IN ITS ENTIRETY.

The following resolution is read and PASSED on a roll call vote, as follows:

AYES - President Barry, Councilors Bray, Carr, Clemente, Grebien, Hodge, Hoyas, Moran, and Wildenhain.

NOES - 0.

588 RESOLUTION CONGRATULATING KENNETH R. MCGILL ON HIS APPOINTMENT AS REGISTRAR OF THE BOARD OF CANVASSERS.

The following ordinance is read for the second time and PASSED on a roll call vote, as follows:

AYES - President Barry, Councilors Bray, Carr, Clemente, Grebien, Hodge, Hoyas, Moran, and Wildenhain.

NOES - 0.

330 AN ORDINANCE IN AMENDMENT OF CHAPTER 302 OF THE PAWTUCKET CODE OF ORDINANCES, 1996, ENTITLED “PEDDLING AND SOLICITING” SPECIFICALLY SECTION 302-17, “TERRITORIAL LIMITS.” (Ice Cream & Lemonade Vendors)

THE FOLLOWING ORDINANCE IS READ FOR THE SECOND TIME AND REFERRED BACK TO THE ORDINANCE COMMITTEE ON A UNANIMOUS VOICE VOTE:

AN ORDINANCE IN AMENDMENT OF CHAPTER 108 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ALCOHOLIC BEVERAGES.” (Establishing Fees for Liquor Licenses)

UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING ORDINANCE IS LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:

ORDINANCE OF THE CITY OF PAWTUCKET APPROVING THE ISSUANCE OF WATER REVENUE BONDS AND NOTES IN AN AMOUNT NOT TO EXCEED $119,000,000 FOR THE PURPOSES OF FINANCING THE ACQUISITION OF THE PAWTUCKET WATER SUPPLY SYSTEM FROM THE PAWTUCKET PUBLIC BUILDINGS AUTHORITY (THE "PBA") THROUGH THE REFINANCING OF THE PBA'S OUTSTANDING BONDS AND NOTES, REFINANCING OUTSTANDING GENERAL OBLIGATION BONDS OF THE CITY ISSUED FOR THE CITY'S WATER SUPPLY SYSTEM, AND FINANCING IMPROVEMENTS TO THE PAWTUCKET WATER SUPPLY SYSTEM

623 Communication from Angel S. Garcia, Director of Personnel, to the Honorable Members of the Pawtucket City Council. (Add: Position of Cyclonator Operator at R-28) is READ AND ORDERED FILED.

THE FOLLOWING ORDINANCE IS LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE ON A UNANIMOUS VOICE VOTE:

AN ORDINANCE IN AMENDMENT OF CHAPTER 2652 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET. (Add position of Cyclonator Operator)

THE FOLLOWING REQUEST WHICH WAS LAID ON THE TABLE AT THE MEETINGS HELD AUGUST 6 & 20, 2003, IS APPROVED ON A UNANIMOUS VOICE VOTE:

028 & LIC Communication from Moh’d Eid, d/b/a Bahra’s Market, 232 Columbus Avenue, to the Pawtucket City Council, requesting permission to change his business name from Bahra’s Market to Columbus Mini Mart.

642 Communication from Bill Mulholland, Superintendent of Parks and Recreation, to the Pawtucket City Council. (Special Use Application for the Native American Pow-Wow – Picnic Area across from Pond in Slater Park) is READ AND ORDERED FILED.

THE FOLLOWING LICENSE IS LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:

VICTUALLING HOUSE 1^st Class –

Novo Mundo Social Club (Transfer from JK Social Club) 127 Harrison Street, LIC# 00676

*THE FOLLOWING LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:

BINGO (Renewals) –

Darlington Braves, Inc., 92 East Avenue, (Sundays 4:00 p.m. – 10:00 p.m.) LIC# C0004

Howard Rogers Post #25 the American Legion, 25 McCallum Avenue (Wednesdays 6:30 p.m. –10:00 p.m.) LIC# C0016

St. Basil the Great Church, 92 East Avenue, (Tuesdays 6:30 p.m. – 10:00 p.m.) LIC# C0022

St. Basil the Great Church, 92 East Avenue, (Fridays 6:30 p.m. – 10:00 p.m.) LIC# C0007

ENTERTAINMENT –

Petition of Pokanoket/Wampanoag Federation for a license to conduct an Annual Pow-Wow in the Historic Core of Slater Park (Picnic Area across form the Pond), on Saturday, October 18, 2003, and Sunday October 19, 2003, from 10:00 a.m. to 5:00 p.m., LIC# 0211M

Petition of Rhode Island #19, Inc. d/b/a Building #19 1/9 for a license to conduct an Anniversary Celebration (Outdoor Cookout for customers) at 645 Narragansett Park Drive on Friday, September 12 2003, from 9:00 a.m. until 5:00 p.m., LIC# 0209M

Petition of Sacred Heart Church for a license to conduct a Religious Festival at 38 Park Street on Friday, September 12, 2003, from 6:00 p.m. until 12:00 a.m.; Saturday, September 13, 2003, from 6:00 p.m. until 12:00 a.m.; and Sunday, September 14, 2003, from 5:00 p.m. until 10:00 p.m., LIC# 0259M

Petition of St. Edward’s Church for a license to conduct a Fundraiser in the Church Hall, Weeden Street, on Saturday, September 20, 2003, from 7:00 p.m. to 11:00 p.m., LIC# 0210M

Petition of Holy Spirit Catholic Community of CF, for a license to conduct a Fund Raiser to benefit SPRED Program (Special Religious Education for Children with Disabilities) at St. Cecilia’s Church Hall, Central Avenue on Sunday, September 28, 2003, from 2:00 p.m. until 4:00 p.m., LIC# 0260M

FLEA MARKET (Renewal) –

Jean B. Vitali d/b/a A & B Corporation, 360 Broad Street, LIC# J0001

PIGEON LOFT (Renewals) –

Frank Federighi, 177 Division Street, LIC# D0002

James Luiz, 163 Division Street, LIC# D0003

John Quilitzsch, 854 Cottage Street, LIC# D0005

Luis M. Rodrigues, 12 Vale Street, LIC# D0009

Filomina Sousa, 9 Winter Street, LIC# D0007

Petros Zervas, 27 Harrison Street, LIC# D0008

VICTUALLING HOUSE 1^st Class –

Jaehee Enterprise, Inc. d/b/a Subway #27549 (Transfer from Sensational Subs, Inc. d/b/a Subway) 133 Broad Street, LIC# 00681

Elizabeth Sankey d/b/a Sankey’s Kitchen (Transfer from Big Mike’s Inc. d/b/a Big Mike’s) 574 Smithfield Avenue, LIC# 00682

*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:

Robin M. Adams – No Amount Specified

Michael Demoranville - $155.00

Alba Hernandez - $3,022.78

Maria & Deandre Moniz, by Atty. Robert V. Russo - $100,000.00 each + property damage.

David Pagliaro - $993.30/$1,299.70

Gary R. Pinault, by Atty. David P. Valletta - $100,000.00

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:

Carol Desjean - $2,203.36/$2,361.50

National Grid - $1,866.71

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED FOR PAYMENT ON A ROLL CALL VOTE, AS FOLLOWS:

AYES - President Barry, Councilors Bray, Carr, Clemente, Grebien, Hodge, Hoyas, Moran, and Wildenhain.

NOES - 0.

Credit Union Central Falls - $831.58

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED FOR PAYMENT ON A ROLL CALL VOTE, AS FOLLOWS:

AYES - President Barry, Councilors Bray, Carr, Clemente, Grebien, Hodge, Hoyas, Moran, and Wildenhain.

NOES - 0.

Frances Flanagan - $300.00

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE TAKEN UNDER ADVISEMENT AND REFERRED TO THE LEGAL DEPARTMENT ON A UNANIMOUS VOICE VOTE:

Kevin Jameson - $2,597.30/$2,765.69

Edith Lebron - $957.18/$1,182.25

Christine Lusiak, by Atty. Robert A. D’Amico, II - $100,000.00

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE DENIED ON A UNANIMOUS VOICE VOTE:

Antonio R. Silva, by Atty. James A. Murray - $100,000.00

Emilio Taylor, by Atty. Daniel McKinnon - $250,000.00

Upon motion made by Councilor Bray, seconded by Councilor Hodge, the meeting is adjourned at 8:10 p.m.