January 21, 2004 - Regular City Council Session

 

City Council, January 21, 2004

 

A regular session of the Pawtucket City Council is held Wednesday, January 21, 2004, at 7:15 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 reading of the records of January 7, 2004, 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:

 

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, for the fiscal period July 1, 2003 through December 31, 2003)

 

622         C.     Communication from Ronald F. Travers, Director, Zoning & Code Enforcement, to Council President John Barry, III, & City Council Members.  (Vacant Abandon Housing Report)

 

028         D.     Communication from Edward B. Medeiros, Sealer of Weights and Measures, to Janice M. LaPorte, CMC, City Clerk.  (Weights and Measures Report)

 

611         E.      Communication from Ronald L. Wunschel, Director of Finance, to John Barry, President, Pawtucket City Council.  (Actuary Reports)

 

028         F.      Communication from Dale S. Holberton, CMC, Town Clerk, Town of South Kingstown, to Janice M. LaPorte, CMC, City Clerk.  (Governor’s Advisory Committee on Tourism – Central Tourism Agency)

 

591         B.      Communication from John J. Barry, III, President, City Council, to All Members of the City Council.  (OSHA 10 Hour Construction Site Safety Course) is READ AND ORDERED FILED.

 

THE CHAIR RECOGNIZES COUNCILOR GREBIEN.

 

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

 

The Clerk is instructed to send a communication to David Cookson, Loss Prevention, Beacon Mutual Insurance Company regarding the requirement by the Rhode Island Department of labor, which mandates that anyone on the premises of a construction site be OSHA Construction safety certified.

 

The Council is asking for an alternative to the 10 hour safety course being offered, should any Council Member would wish to tour the new water treatment plant site being built in the City of Pawtucket.

 

The Clerk is requested to send copies to Marvin Perry, Acting Director, RI Department of Labor; and to Peter Brewer, OSHA Consultant.

 

 

017   Communication from Ronald L. Wunschel, Director of Finance, to John Barry, President, Pawtucket City Council, requesting permission to resubmit an advertisement for Request for Proposal of FY04, FY05, FY06, Audit, is READ AND ORDERED FILED AND THE REQUEST TO RE-ADVERTISE THE RFP FOR THE FY04, FY05, & FY06 AUDIT IS APPROVED.

 

 

Communication from Denise Panichas, Interim Executive Director, The Samaritans, to John J. Barry, City Council President, requesting a Municipal Appropriation in the amount of $500.00 for 2004-2005) is READ AND ORDERED FILED, and is REFERRED TO THE FINANCE COMMITTEE.

 

 

611   Communication from Ronald L. Wunschel, Director of Finance, to David Moran, City Council Finance Committee Chairman.  (FY04 Six-Month Variance) is READ AND ORDERED FILED, and is REFERRED TO THE FINANCE COMMITTEE.

 

 

THE CHAIR RECOGNIZES COUNCILOR HODGE.

 

With majority consent of the Council, Councilor Hodge introduces the following communication:

 

Communication from Pamela M. Marchand, P.E., Chief Engineer, Pawtucket Water Supply Board, to Janice M. LaPorte, CMC, City Clerk.  (RIWRB Source Water Quality Protection Program:  Purchase of Property in Diamond Hill Preserve)

 

Upon motion made by Councilor Hodge, seconded by Councilor Grebien, the following communication is READ AND ORDERED FILED, and REFERRED TO THE CITY PROPERTY COMMITTEE.

 

7       Communication from Pamela M. Marchand, P.E., Chief Engineer, Pawtucket Water Supply Board, to Janice M. LaPorte, CMC, City Clerk.  (RIWRB Source Water Quality Protection Program:  Purchase of Property in Diamond Hill Preserve)

 

 

028   Communication from Pamela Kennedy, Supervising Historic Preservation Specialist, to Janice M. LaPorte, CMC, City Clerk.  (Historic Mill Buildings) is READ AND ORDERED FILED, and is REFERRED TO THE ORDINANCE COMMITTEE.

 

 

Communication from Manuel DosSantos, 31 Woodside Avenue, to Council President John Barry, requesting to acquire city owned property at the corner of Woodside Avenue and Whittier Road, Plat 17, Lot 622, is READ AND ORDERED FILED, and is REFERRED TO THE CITY PROPERTY COMMITTEE, CITY PLANNING COMMISSION, LEGAL DEPARTMENT, DEPARTMENT OF PUBLIC WORKS, ENGINEERING DEPARTMENT, PAWTUCKET WATER SUPPLY BOARD, AND UTILITY COMPANIES.

 

 

Communication from Nicholas J. Corvello, Senior Engineer, BETA Group, Inc. to Janice M. LaPorte, CMC, City Clerk, requesting permission to tie into the city’s sewer system at La Cabana Sports Bar and Night Club, 141 Reservoir Avenue, Lincoln, RI, is READ AND ORDERED FILED, and is REFERRED TO THE PUBLIC WORKS COMMITTEE, THE CITY PLANNING COMMISSION, THE DIRECTOR OF PUBLIC WORKS, THE ENGINEERING DEPARTMENT, THE DIVISION OF SEWERS AND SANITATION, THE PAWTUCKET WATER SUPPLY BOARD, AND THE NARRAGANSETT BAY COMMISSION.

 

 

588   Communication from Karen B. Godin, Senior Planner, Planning and Redevelopment, to the Honorable City Council, requesting that the City Council set a Public Hearing on the Strategy for Reducing Risks from Natural Hazards in the City of Pawtucket for Wednesday, February 11, 2004, at 7:00 p.m., is READ AND ORDERED FILED, and A PUBLIC HEARING IS SET FOR WEDNESDAY, FEBRUARY 11, 2004, AT 7:00 P.M.

 

 

Communication from His Honor, Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council, submitting the following appointment as a member of the Parks Commission, FOR CONFIRMATION:

 

PARKS COMMISSION

 

589   Robert Gosselin, 242 Woodhaven Road, Pawtucket, RI  02861.  Term expires the first Monday in August 2005.  (To fill the unexpired term of John DiPanni) is READ AND ORDERED FILED.

 

The following nomination submitted by His Honor, Mayor James E. Doyle for confirmation, is CONFIRMED on a roll call vote, as follows:

 

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

 

NOES - 0.

 

PARKS COMMISSION

 

Robert Gosselin, 242 Woodhaven Road, Pawtucket, RI  02861.  Term expires the first Monday in August 2005.  (To fill the unexpired term of John DiPanni)

 

 

Communication from His Honor Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council, submitting the following reappointment as a member of the Juvenile Hearing Board, FOR CONFIRMATION:

 

JUVENILE HEARING BOARD

 

589   James T. Chellel, Jr., 115 Prentice Avenue, Pawtucket, RI  02860.  Term expires the first Monday in December 2006, is READ AND ORDERED FILED.

 

The following nomination submitted by His Honor, Mayor James E. Doyle for confirmation, is CONFIRMED on a roll call vote, as follows:

 

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

 

NOES - 0.

 

JUVENILE HEARING BOARD

 

James T. Chellel, Jr., 115 Prentice Avenue, Pawtucket, RI  02860.  Term expires the first Monday in December 2006.

 

 

Communication from His Honor Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council, submitting the following reappointment as a member of the Juvenile Hearing Board, FOR CONFIRMATION:

 

JUVENILE HEARING BOARD

 

589   Robert A. Donovan, 140 Glen Meadows Drive, Pawtucket, RI  02861.  Term expires the first Monday in December 2006, is READ AND ORDERED FILED.

 

The following nomination submitted by His Honor, Mayor James E. Doyle for confirmation, is CONFIRMED on a roll call vote, as follows:

 

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

 

NOES - 0.

 

JUVENILE HEARING BOARD

 

Robert A. Donovan, 140 Glen Meadows Drive, Pawtucket, RI  02861.  Term expires the first Monday in December 2006.

 

 

Communication from His Honor Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council, submitting the following reappointment as a member of the Juvenile Hearing Board, FOR CONFIRMATION:

 

JUVENILE HEARING BOARD

 

589   Diane C. Dufresne, 60 Summit Street, Pawtucket, RI  02860.  Term expires the first Monday in December 2006, is READ AND ORDERED FILED.

 

The following nomination submitted by His Honor, Mayor James E. Doyle for confirmation, is CONFIRMED on a roll call vote, as follows:

 

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

 

NOES - 0.

 

JUVENILE HEARING BOARD

 

Diane C. Dufresne, 60 Summit Street, Pawtucket, RI  02860.  Term expires the first Monday in December 2006.

 

 

Communication from His Honor Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council, submitting the following reappointment as a member of the Juvenile Hearing Board, FOR CONFIRMATION:

 

JUVENILE HEARING BOARD

 

589   Patricia Martinez, 142 Oakland Avenue, Pawtucket, RI  02860.  Term expires the first Monday in December 2006, is READ AND ORDERED FILED.

 

The following nomination submitted by His Honor, Mayor James E. Doyle for confirmation, is CONFIRMED on a roll call vote, as follows:

 

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

 

NOES - 0.

 

JUVENILE HEARING BOARD

 

Patricia Martinez, 142 Oakland Avenue, Pawtucket, RI  02860.  Term expires the first Monday in December 2006.

 

Communication from His Honor Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council, submitting the following reappointment as a member of the Juvenile Hearing Board, FOR CONFIRMATION:

 

JUVENILE HEARING BOARD

 

589   Fayneese Miller Biral, 182 Lafayette Street, Pawtucket, RI  02860.  Term expires the first Monday in December 2006, is READ AND ORDERED FILED.

 

The following nomination submitted by His Honor, Mayor James E. Doyle for confirmation, is CONFIRMED on a roll call vote, as follows:

 

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

 

NOES - 0.

 

JUVENILE HEARING BOARD

 

Fayneese Miller Biral, 182 Lafayette Street, Pawtucket, RI  02860.  Term expires the first Monday in December 2006.

 

Communication from His Honor Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council, submitting the following reappointment as a member of the Juvenile Hearing Board, FOR CONFIRMATION:

 

JUVENILE HEARING BOARD

 

589   Rigas C. Papagolos, 127 West Lawn Avenue, Pawtucket, RI  02860.  Term expires the first Monday in December 2006, is READ AND ORDERED FILED.

 

The following nomination submitted by His Honor, Mayor James E. Doyle for confirmation, is CONFIRMED on a roll call vote, as follows:

 

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

 

NOES - 0.

 

JUVENILE HEARING BOARD

 

Rigas C. Papagolos, 127 West Lawn Avenue, Pawtucket, RI  02860.  Term expires the first Monday in December 2006.

 

 

Communication from His Honor Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council, submitting the following reappointment as a member of the Juvenile Hearing Board, FOR CONFIRMATION:

 

JUVENILE HEARING BOARD

 

589   John Ward, 11 King Phillip Road, Pawtucket, RI  02861.  Term expires the first Monday in December 2006, is READ AND ORDERED FILED.

 

The following nomination submitted by His Honor, Mayor James E. Doyle for confirmation, is CONFIRMED on a roll call vote, as follows:

 

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

 

NOES - 0.

 

JUVENILE HEARING BOARD

 

John Ward, 11 King Phillip Road, Pawtucket, RI  02861.  Term expires the first Monday in December 2006.

 

 

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.

 

032   RESOLUTION ACCEPTING THE CARE OF BURIAL LOT OF EUGENIA G. PIRES.

 

 

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 NAMING FEBRUARY 6, 2004 “WEAR RED FOR WOMEN DAY” IN RECOGNITION OF THE IMPORTANCE OF THE ONGOING FIGHT AGAINST HEART DISEASE.

 

 

126 & 588 Communication from Henry S. Kinch, Jr., Chairman, Pawtucket Parks Commission, to the Honorable John J. Barry, III, President, Pawtucket City Council.  (George Patrick Duffy Athletic Complex) is READ AND ORDERED FILED.

 

 

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 CREATING A NEW ATHLETIC COMPLEX IN SLATER PARK, NEAR THE NEWPORT AVENUE ENTRANCE, TO BE DEDICATED AS “THE GEORGE PATRICK DUFFY ATHLETIC COMPLEX.”

 

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 SUPPORTING LEGISLATION TO MAKE VANDALISM, OF MORE THAN $1,000, A FELONY.

 

 

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 SUPPORTING LEGISLATION TO ALLOW THE CITY TO ENACT SUBSTANTIAL PENALTIES FOR THE ENFORCEMENT OF OUR ORDINANCE BANNING PIT BULLS IN THE CITY OF PAWTUCKET.

 

 

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 AUTHORIZING THE FILING OF THREE (3) APPLICATIONS WITH THE RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT FOR OPEN SPACE GRANT FUNDS.

 

 

 

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 2701 OF THE ORDINANCES OF THE CITY OF PAWTUCKET, ALSO KNOWN AS SECTION 108 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ALCOHOLIC BEVERAGES” (Establishing Fees for Liquor Licenses)

 

 

623   Communication from Angel S. Garcia, Director of Personnel, to the Honorable Members of the Pawtucket City Council.  (Amendment to Pay Plan Ch. 2652 – Add: Information Systems Support Coordinator at T10) 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: Information Systems Support Coordinator at T10)

 

 

623   Communication from Angel S. Garcia, Director of Personnel, to the Honorable Members of the Pawtucket City Council.  (Amendment to Pay Plan Ch. 2652 – Delete: Water Accounts Payable Clerk at R25; Add: Water Assistant Finance Administrator at W9) 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.  (Delete: Water Accounts Payable Clerk at R25; Add: Water Assistant Finance Administrator at W9)

 

 

623   Communication from Angel S. Garcia, Director of Personnel, to the Honorable Members of the Pawtucket City Council.  (Amendment to Pay Plan Ch. 2652 – Delete:  Ice Rink Coordinator/Carousel Manager at R40; Add: Recreation Clerk at R13) 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.  (Delete:  Ice Rink Coordinator/Carousel Manager at R40; Add: Recreation Clerk at R13)

 

 

*THE FOLLOWING LICENSES ARE APPROVED:

 

PEDDLER (Renewal) –

 

Mustafa Lynch, 78 Georgia Avenue, Providence, RI, LIC# 11

TO PEDDLE:   Stuffed animals, Toys, & Gifts.

DRIVERS:       Mustafa Lynch, 78 Georgia Avenue, Providence, RI

LOCATION:   All of Pawtucket

 

TATTOO PARLOR (Renewal) –

 

Glenn Dummer d/b/a Bulldog Tattoo, 431 Benefit Street, LIC# T0002

 

VICTUALLING HOUSE 1st Class –

 

Newport Ave Pizzaria Co. d/b/a Newport Avenue Pizza (Previously Pinluso’s Deli, Inc.) 1100 Newport Avenue, LIC# 00697

 

Aldrzej Pliska d/b/a Italian Kitchen (Transfer from Albertino Barros d/b/a Exchange Street Café) 49 Exchange Street, LIC# 00696

 

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

 

Linda J. Bachand-Flynn - $599.67$999.44

Joanne Ciolli - $48.52/$55.49

Ann Marie Goncalves - $536.71/$574.43/$662.25

 

 

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED FOR PAYMENT IN THE AMOUNT OF $750,000, ON A ROLL CALL VOTE, AS FOLLOWS:

 

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

 

NOES - 0.

 

Callham vs. City of Pawtucket

 

 

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

 

Eric Mutter Disability Claim

 

 

 

Upon motion made by President Barry, seconded by Entire City Council, the meeting is adjourned at 8:10 p.m. in celebration of the life of Sister Martha Serbst, and in memory of Representative Paul V.  Sherlock.

 

 

January 21, 2004 - Regular City Council Session
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