December 8, 2004 - Regular City Council Session

City Council, December 8, 2004

A regular session of the Pawtucket City Council is held Wednesday, December 8, 2004, at 7:00 P.M. in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.

Present – President Barry, Councilors Carr, Clemente, Grebien, Hodge, and Wildenhain

Absent – Councilors Bray, Hoyas and Moran

President Barry presides.

The reading of the records of November 23, 2004, is dispensed with and the records are APPROVED as prepared by the Clerk.

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

*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:

061 A. Communication from Ronald L. Wunschel, Director of Finance to the Honorable Members of The Pawtucket City Council. (Statement of Estimated, Realized and Unrealized Revenues fiscal period July 1, 2004 through October 31, 2004)

7 B. Communication from Pamela M. Marchand, P.E. Chief Engineer, Pawtucket Water Supply Board to Janice M. LaPorte, CMC, City Clerk. (Barbed Wire Fencing)

7 C. Communication from Joseph A. Keough, Jr. to Janice M. LaPorte, CMC, City Clerk. (Barbed Wire Fencing)

7 D. Communication from the Rhode Island Clean Water Finance Agency to the City of Pawtucket. (Revolving Fund – Project Payment Requisition Form)

7 E. Communication from the Rhode Island Clean Water Finance Agency to the City of Pawtucket. (Statement)

7 F. Communication from the Rhode Island Clean Water Finance Agency to the City of Pawtucket. (Construction Fund Draw Schedule Analysis)

Petition for Second Hand Shop by Hollywood Entertainment Corporation d/b/a Hollywood Video Game Crazy #039-117, 398 Cottage Street, Tax Assessor’s Plat 9A, Lot 574, to keep a shop for the purpose of purchasing and selling second hand articles, specifically: used video games and systems, LIC#40335, which was advertised for a hearing at this time, is taken up:

Speaking in favor is Robert Bissonnette, 157 Cardinal Circle, Tarrington CT, representing applicant, Hollywood Entertainment Corporation d/b/a Hollywood Video Game Crazy.

Councilor Wildenhain asks what type of used video games, precisely if X-rated, are going to be sold.

Mr. Bissonnette states that there will be no X-rated videos sold. The merchandise will be used video games.

There are no other speakers.

The Hearing is closed.

THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN:

Upon motion made by Councilor Wildenhain, seconded by Councilor Hodge, the following license is APPROVED on a unanimous voice vote:

Communication from Michael D. Cassidy to Council President John J. Barry, III and the Honorable Members of the Pawtucket City Council. (Leasing of Property on Roosevelt Avenue from Page Four Realty for a “Dog Park” is READ AND ORDERED FILED and REFERRED TO THE CITY PROPERTY COMMITTEE AND FINANCE COMMITTEE.

THE FOLLOWING RESOLUTION SUBMITTED BY THE FINANCE COMMITTEE, IS TAKEN UP:

RESOLUTION AUTHORIZING TAX STABILIZATION FOR PROPERTY OWNED BY BAYLEY LOFTS, LLC, 24 COMMERCE STREET, PAWTUCKET, RHODE ISLAND FOR A PERIOD OF FIVE YEARS.

THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.

With majority consent of the Council, Councilor Clemente submits the following amended resolution:

RESOLUTION AUTHORIZING TAX STABILIZATION FOR PROPERTY OWNED BY BAYLEY LOFTS, LLC, 24 COMMERCE STREET, PAWTUCKET, RHODE ISLAND FOR A PERIOD OF ~~FIVE~~ THREE YEARS.

UPON MOTION MADE BY COUNCILOR CLEMENTE, SECONDED BY COUNCILOR GREBIEN THE AMENDMENT TO THE RESOLUTION AUTHORIZING TAX STABILIZATION FOR PROPERTY OWNED BY BAYLEY LOFTS, LLC, 24 COMMERCE STREET, PAWTUCKET, RHODE ISLAND FOR A PERIOD OF ~~FIVE~~ THREE YEARS IS APPROVED ON A UNANIMOUS VOICE VOTE.

Upon motion made by Councilor Clemente, seconded by Councilor Grebien, and upon recommendation of the Finance Committee, the following resolution is laid on the table and a public hearing is set for Wednesday, January 5, 2005, at 7:00 P.M. on the following resolution:

RESOLUTION AUTHORIZING TAX STABILIZATION FOR PROPERTY OWNED BY BAYLEY LOFTS, LLC, 24 COMMERCE STREET, PAWTUCKET, RHODE ISLAND FOR A PERIOD OF THREE YEARS.

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

AYES – President Barry, Councilors Carr, Clemente, Grebien, Hodge, and Wildenhain.

NOES - 0.

032 RESOLUTION ACCEPTING THE CARE OF BURIAL LOT OF JOSE DEPINA

UPON RECOMMENDATION OF THE FINANCE COMMITTEE THE FOLLOWING AMENDMENTS TO THE FOLLOWING RESOLUTION ARE APPROVED ON A ROLL CALL VOTE AS FOLLOWS:

AYES – President Barry, Councilors Carr, Clemente, Grebien, Hodge, and Wildenhain.

NOES - 0.

RESOLUTION APPROVING THE FUNDING OF THE FOLLOWING EQUIPMENT AS PART OF THE 2 YEAR MASTER LEASE PURCHASE PROGRAM WITH QUICK & REILLY, A BANK OF AMERICA COMPANY.

Change the following:

FIRE

(1) Ladder Truck 750,523 ~~750,523~~

648,523

TOTAL FIRE

648,523

Add the following:

LIBRARY

(1) Book Mobile 102,000 102,000

TOTAL LIBRARY 102,000

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

AYES – President Barry, Councilors Carr, Clemente, Grebien, Hodge, and Wildenhain.

NOES - 0.

588 RESOLUTION APPROVING THE FUNDING OF THE FOLLOWING EQUIPMENT AS PART OF THE 2 YEAR MASTER LEASE PURCHASE PROGRAM WITH QUICK & REILLY, A BANK OF AMERICA COMPANY, AS AMENDED.

COUNCILOR HOYAS ARRIVES AT 7:10 P.M.

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

AYES – President Barry, Councilors Carr, Clemente, Grebien, Hodge, Hoyas, and Wildenhain.

NOES - 0.

588 RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF AN EQUIPMENT LEASE/PURCHASE AGREEMENT, AND RELATED INSTRUMENTS, FUNDING OF THE FY2005 EQUIPMENT LIST PLUS RELATED EXPENSES, AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH.

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

AYES – President Barry, Councilors Carr, Clemente, Grebien, Hodge, Hoyas, and Wildenhain.

NOES - 0.

330 AN ORDINANCE IN AMENDMENT OF §388-5 “VIOLATIONS AND PENALTIES,” OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, SUBSECTION B (1)-PARKING VIOLATION PENALTIES. (INCREASE IN VIOLATING THE WINTER PARKING RULES.)

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

AYES – President Barry, Councilors Carr, Clemente, Grebien, Hodge, Hoyas, and Wildenhain.

NOES - 0.

330 AN ORDINANCE IN AMENDMENT OF §294-5 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, REGULATING THE OPERATION OF MOTORIZED VEHICLES ON PUBLIC STREETS AND CITY PARK PROPERTY.

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

AYES – President Barry, Councilors Carr, Clemente, Grebien, Hodge, Hoyas, and Wildenhain.

NOES - 0.

ORDINANCE IN AMENDMENT OF CHAPTER 59-28 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “CITY’S CONTRIBUTION TO THE POLICE AND FIRE PENSION FUND.”

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

AYES – President Barry, Councilors Carr, Clemente, Grebien, Hodge, Hoyas, and Wildenhain.

NOES - 0.

ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET AND REPEALING CHAPTER 2738 IN ITS ENTIRETY.

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

AYES –Councilors Carr, Clemente, Grebien, Hodge, Hoyas, and Wildenhain.

NOES - President Barry.

ORDINANCE IN AMENDMENT OF CHAPTER 2738 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET (CFO-PWSB)

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

AYES –Councilors Carr, Clemente, Grebien, Hodge, Hoyas, and Wildenhain.

NOES – President Barry.

ORDINANCE IN AMENDMENT OF CHAPTER 2738 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET. (DELETE WATER ACCOUNTS PAYABLE CLERK AT R25; ADD WATER FINANCE ASSISTANT AT R36)

THE FOLLOWING ORDINANCE IS LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE:

AN ORDINANCE IN AMENDMENT OF CHAPTER 388 OF THE PAWTUCKET CODE OF ORDINANCES, 1996, ENTITLED “VEHICLES AND TRAFFIC.” (4-Way Stop Signs – Rosemere Road and Ridgewood Road)

THE FOLLOWING LICENSE IS APPROVED ON A UNANIMOUS VOICE VOTE:

VICTUALLING HOUSE – 1^ST CLASS

Nova Churrasqueira Restaurant J & M LTD, (Transfer from Churrasqueira DaBeira Inc.), 434 Broadway LIC#00717

THE FOLLOWING LICENSE IS APPROVED ON A UNANIMOUS VOICE VOTE:

SUNDAY SALES - 5^TH CLASS (New)

Hollywood Entertainment Corporation d/b/a Hollywood Video Game Crazy #039-117, 398 Cottage St. LIC#20481

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

ENTERTAINMENT

Petition of St. Teresa Church to conduct an Oldies Dance to benefit Basketball Program, 358 Newport Avenue (St. Teresa’s Church Hall) on Saturday, January 22, 2005, from 6:00 p.m. to 11:00 p.m. LIC#0276M

TATTOO PARLOR (Renewal)

Regina Stabinsch d/b/a Body Vogue, 818 Newport Ave. LIC#T0003

VICTUALLING HOUSE LICENSE – 1^ST CLASS

S.H. Town Pizza and Café Inc., (transfer from Hikmet Gecer & Sevket Gecer d/b/a Town Pizza & Café) 287 Pawtucket Ave. LIC#00720

VICTUALLING HOUSE LICENSES - 1^ST CLASS (All Renewals)

Pedro G. Alves d/b/a Alves Fish Market, 593 Weeden St. LIC#00653

Archie's Pizza Restaurant Inc., 1479 Newport Ave. LIC#00009

Barney's Bakery Inc., d/b/a Barney's, 727 East Ave. LIC#00013

Candida Baptista, Ltd., d/b/a Forcier’s Market, 737 Main St. LIC#00702

Johnny Chan d/b/a Dragon Garden Chinese Restaurant, 270 Dexter St. LIC#00710

Caprichos Antiquenos Bakery, Inc., 173 Londsdale Avenue. LIC#00249

Champagne Foods Inc. d/b/a/ Tom’s Restaurant, 29 Summer St. LIC#00674

Donovan’s Reef, Inc. d/b/a Seafood Express, 205 Division St., LIC00694

Ghasan Eid d/b/a Town Mart, 885 Newport Ave. LIC#00320

Chun Ying Goo d/b/a Li Lai Restaurant, 615 Central Ave. LIC#00468

Maciel Donuts, LLC d/b/a Honey Dew Donuts, 1515 Newport Ave. LIC#00659

Yevgeniy Mazo d/b/a Russian Market, 727 East Ave. LIC#00270

Michael Arena d/b/a Amanda’s Kitchen, 54 Smithfield Ave. LIC#00425

M S G Inc., d/b/a M & M Market, 364 Benefit St. LIC#00679

Stephen Murgo, Jr., d/b/a Café Neva, 429 Benefit St. LIC#00671

Palagi’s 2000 Inc., d/b/a Palagi’s Ice Cream Shack, 55 Bacon St. LIC#00639

Andrzej Pliszka d/b/a Italian Kitchen, 49 Exchange St. LIC#00696

Vibol Prum d/b/a Golden Nime Chow, 50 Ann Mary St. LIC#00695

Pawtucket Lion Pizza Inc., d/b/a Pawtucket Lion Pizza, 197 Mineral Spring Ave. LIC#00386

RIPJ Management Inc. d/b/a Papa John’s, 379 Smithfield Ave., LIC#00602

RIPJ Management Inc. d/b/a Papa John’s, 295 Armistice Blvd., LIC#00603

Antoine Salameh d/b/a Phoenicia, 506 ½ Armistice Blvd. LIC#00631

Smithfield Market Inc., d/b/a Smithfield Market, 453 Smithfield Ave. LIC#00706

The Stop & Shop Supermarket Company, 675 Beverage Hill Ave. LIC#00185 OPEN 24 HOURS

Wendy’s International Inc., d/b/a Wendy’s, 120 Broad St. LIC#00549

Margaret Verkay d/b/a Extreme Donuts, 200 Main St. LIC#00626

TAVERN - 2^ND CLASS (Renewal)

Leo Choiniere, 85 Montgomery St. LIC #00228

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

Jewett City Pharmacy - $996.03

Pawtucket Transfer Operations, LLC - $10,000,000.00

Sangeeta Singh - $901.42/$940.30

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 Carr, Clemente, Grebien, Hodge, Hoyas, and Wildenhain.

NOES - 0.

Juanita & Roy Cameron - $206.10

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 Carr, Clemente, Grebien, Hodge, Hoyas, and Wildenhain.

NOES - 0.

Alan Deroche - $161.47

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 Carr, Clemente, Grebien, Hodge, Hoyas, and Wildenhain.

NOES - 0.

Mary Ann LaRoche by d’Oliveira & Morgan - $840.50

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 Carr, Clemente, Grebien, Hodge, Hoyas, and Wildenhain.

NOES - 0.

Robert Pedro - $415.00

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 Carr, Clemente, Grebien, Hodge, Hoyas, and Wildenhain.

NOES - 0.

Tina Poirier – $847.42

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 Carr, Clemente, Grebien, Hodge, Hoyas, and Wildenhain.

NOES - 0.

Deborah L. Sabetta - $571.31

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 Carr, Clemente, Grebien, Hodge, Hoyas, and Wildenhain.

NOES - 0.

Domingus Santiago - $1338.84

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

Donna Fram – No Amount Specified

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

Martin Killian - $2322.03/$2423.75

Upon motion made by Councilor Hodge, seconded by Councilor Grebien the meeting is adjourned at 7:25 p.m.