City Council, May 5, 2004
A regular session of the Pawtucket City Council is held Wednesday, May 5, 2004, at 7:01 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 April 21, 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:
COUNCILOR BRAY LEAVES CITY COUNCIL CHAMBERS AT 7:03 P.M.
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
Upon motion made by Councilor Wildenhain, seconded by Councilor Hodge, the following communication is READ AND ORDERED FILED and REFERRED TO THE ORDINANCE COMMITTEE on a unanimous voice vote:
THE CHAIR RECOGNIZES COUNCILOR HOYAS.
Upon motion made by Councilor Hoyas, seconded by Councilor Wildenhain, pursuant to RI General Laws §42-46-6 (b) the Docket is amended to include the following item on a roll call vote as follows:
AYES – President Barry, Councilors Carr, Clemente, Grebien, Hodge, Hoyas, Moran, and Wildenhain.
NOES - 0.
TEMPORARY APPOINTMENT OF MUNICIPAL/HOUSING COURT JUDGE TO FILL VACANCY DUE TO THE DEATH OF GERARD LALIBERTE. THIS APPOINTMENT IS FOR A PERIOD NOT TO EXCEED 60 DAYS.
THE TEMPORARY APPOINTMENT OF MUNICIPAL/HOUSING COURT JUDGE TO FILL VACANCY DUE TO THE DEATH OF GERARD LALIBERTE, FOR A PERIOD NOT TO EXCEED 60 DAYS, IS TAKEN UP:
THE CHAIR RECOGNIZES COUNCILOR HOYAS.
THE NAME OF RAYMOND COONEY, CITY SOLICITOR, CENTRAL FALLS, IS PLACED IN NOMINATION AS TEMPORARY MUNICIPAL/HOUSING COURT JUDGE FOR A PERIOD NOT TO EXCEED 60 DAYS.
Upon motion made by Councilor Hoyas, seconded by Councilor Wildenhain, Raymond Cooney, City Solicitor, Central Falls is named the Temporary Municipal/Housing Court Judge for a period not to exceed 60 days, on a roll call vote as follows:
AYES – President Barry, Councilors Carr, Clemente, Grebien, Hodge, Hoyas, Moran, and Wildenhain.
NOES - 0
Communication from Kaylee L. Pike to His Honor Mayor James E. Doyle requesting contribution to People to People Student Ambassador Program, is READ AND ORDERED FILED and REFERRED TO THE FINANCE COMMITTEE.
COUNCILOR BRAY RETURNS AT 7:05 P.M.
THE CHAIR RECOGNIZES COUNCILOR GREBIEN.
With majority consent of the Council, Councilor Grebien introduces the following communication:
Communication from Margaret M. Lynch-Gadaleta, Esq., City Solicitor to Janice M. LaPorte, CMC, City Clerk (Land purchase in Cumberland for Pawtucket Water Supply Board, Plat 48, Lot 22 – 11,265 acres in Cumberland, RI)
Upon motion made by Councilor Grebien, seconded by Councilor Clemente, the following communication is READ AND ORDERED FILED:
THE FOLLOWING RESOLUTION SUBMITTED BY THE CITY PROPERTY COMMITTEE WITH THE RECOMMENDATION FOR APPROVAL, IS TAKEN UP:
THE CHAIR RECOGNIZES COUNCILOR GREBIEN.
With majority consent of the Council, Councilor Grebien introduces the following amendment to the above entitled resolution:
Add the following:
…Contingent upon answers to the following questions:
q Has there been a complete and thorough background history on this property?
q Has a title search been done on this piece of property?
q Is the property in Cumberland zoned for the use to which it will be put? Will a Use Variance be required?
q Has it been confirmed that there has never been activity on this site that might render it a hazardous waste site?
q Is there an Indian burial ground on the site or some other impediment to development?
Upon motion made by Councilor Grebien, seconded by Councilor Clemente the following amendment to the above entitled resolution is read and DEFEATED on a roll call vote as follows:
Add the following:
…Contingent upon answers to the following questions:
q Has there been a complete and thorough background history on this property?
q Has a title search been done on this piece of property?
q Is the property in Cumberland zoned for the use to which it will be put? Will a Use Variance be required?
q Has it been confirmed that there has never been activity on this site that might render it a hazardous waste site?
q Is there an Indian burial ground on the site or some other impediment to development?
AYES – 0.
NOES - President Barry, Councilors Bray, Carr, Clemente, Grebien, Hodge, Hoyas, Moran, and Wildenhain.
UPON RECOMMENDATION OF THE CITY PROPERTY 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.
UPON RECOMMENDATION OF THE CITY PROPERTY 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.
THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.
With majority consent of the Council, the following motion made by Councilor Clemente, seconded by Councilor Hodge, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to The Honorable James E. Doyle, regarding “Bring Your Child to Work Day” program in the city.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the council, the following motion made by Councilor Hodge, seconded by Council Hoyas, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Michael D. Cassidy, Director of Planning and Redevelopment, requesting that a public hearing be scheduled prior to his next request for a resolution authorizing the filing of an application for funds under the Community Development Block Grant Program.
The following resolution is read and PASSED on a roll call vote as follows:
AYES – Councilors Carr, Clemente, Grebien, Hodge, Hoyas, Moran, and Wildenhain.
NOES - 0.
ABSTAIN – President Barry and Councilor Bray
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.
UPON RECOMMENDATION OF THE PUBLIC WORKS COMMITTEE, THE FOLLOWING ORDINANCE IS READ FOR THE FIRST 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.
THE FOLLOWING ORDINANCES ARE LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE AND A PUBLIC HEARING IS SCHEDULED FOR WEDNESDAY, MAY 26, 2004 AT 6:00 P.M. ON A UNANIMOUS VOICE VOTE:
CAPITAL BUDGET ORDINANCE 2004-2005
CAPITAL IMPROVEMENT PROGRAM ORDINANCE 2005-2009
ANNUAL OPERATING BUDGET ORDINANCE 2004-2005
THE FOLLOWING CITY OFFICERS ARE ELECTED ON UNANIMOUS VOICE VOTE:
WEIGHERS OF MERCHANDISE
THE FOLLOWING LICENSE IS APPROVED ON A UNANIMOUS VOICE VOTE:
VICTUALLING HOUSE 1st Class -
*Candilejas Corp. d/b/a Candilejas Café and Lounge, (Transfer from Malibu Bar & Grill, Inc. d/b/a Malibu Bar & Grill) 602 Smithfield Avenue, LIC. #00705
*Denotes stipulations placed on liquor license.
THE FOLLOWING LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
ENTERTAINMENT –
Petition of Dave Roy for a license to conduct a Car Show at Slater Park, on Saturday, June 5, 2004, from 10:00 a.m. until 5:00 p.m., rain date Saturday, June 12, 2004, from 10:00 a.m. until 5:00 p.m. LIC. #0231M
Petition of St. Anthony’s Church, Holy Spirit Society for a license to conduct an In and Outdoor Festival-Feast at St. Anthony’s Church, 32 Lawn Avenue, on Friday, June 11, 2004, from 6:00 p.m. to 12:00 a.m.; Saturday, June 12, 2004, from 6:00 p.m. to 12:00 a.m.; Sunday, June 13, 2004, from 12:00 p.m. to 10:00 p.m.; Friday, September 3, 2004, from 6:00 p.m. to 12:00 a.m.; Saturday, September 4, 2004, from 6:00 p.m. to 12:00 a.m.; Sunday, September 5, 2004, from 12:00 p.m. to 10:00 p.m. LIC #0232M
AUTOMOBILE REPAIR SHOP AND SECOND HAND SHOP LICENSES
(Class A & B – Selling Used Automobile and Parts) - Renewal
Auto Marketplace Sales, Inc. d/b/a Auto Marketplace Sales, 39 Central Avenue LIC #30087
John's Motor Co., Inc., 707 Broadway LIC#30300 #40317
Prime Auto Brokers Inc., 347 Broadway LIC#30190 #40186
*Prime Auto Brokers Inc., d/b/a Prime Auto Brokers, 433 Broadway LIC#30225 #40231
1. No spray painting until the exhaust system is approved by the Fire Department and meets EPA standards.
AUTO REPAIR SHOP AND SECOND HAND SHOP CLASS B (Parts Only)
Firestone Tire & Rubber Co., 270 Broadway LIC#30295 #40312
Donald E. Goulet d/b/a D & G Auto Sales, 33 Utton Ave. LIC#30052 #40046
AUTOMOBILE REPAIR SHOP ONLY
*John Jeha d/b/a Jeha's Citgo, 76 Newport Ave. LIC#30057
1. Maintain 6 ft. stockade fence.
2. Inform City Council prior to doing any towing.
*Richard DiFonzo d/b/a Busy Bee Auto Repair, 611 Weeden St. LIC#30130
1. No auto body work.
2. No auto painting.
SECOND HAND SHOP (Renewals) –
Joanmarie O’Neill-Almond d/b/a Top Dollar Gold Buyers, 572 Smithfield Avenue LIC #40175
SUNDAY SALES 1ST CLASS
Stop & Shop Supermarket Companies d/b/a Stop & Shop Pharmacy, (Transfer from State Line Pharmacy, Inc.), 640 Broadway LIC #20475
SUNDAY SALES 1st CLASS (Renewals) -
*Gul Naz Begum d/b/a Metro Mart, 469 Benefit St. LIC#20413
STIPULATIONS PER ZONING DECISION 4/1/86
1. The hours of operation shall not be other than as stated in presentation 7 AM to 9 PM. Any violation shall be grounds for closing this operation.
2. No foods, paper, rubbish shall be allowed to be in land area. Dumpster collection facilities shall be both inside and on exterior of site and dumpsters on outside must be with covers.
3. Management shall take caution with employees and see that they do not allow radio and other noises to take place.
4. Landscape and shrubs shall be planted to be in harmony with area.
RIPJ Management Inc., d/b/a Papa John’s, 295 Armistice Blvd. LIC#20417
RIPJ Management Inc., d/b/a Papa John’s, 379 Smithfield Ave. LIC#20418
Union Fruit Market, Inc., 139 Broad Street, LIC#20448
SUNDAY SALES 2nd CLASS (Renewals) -
Family Dollar Stores Inc., #2095, 320 Dexter St. LIC#20089
Jack B. Pina d/b/a Ligafrica Music, 180 Mineral Spring Ave. LIC#20364
SUNDAY SALES 4th CLASS (Renewal) -
*Wheels of Freedom Inc., 483 Main St. LIC#20464
1. No outside storage of parts or equipment of any kind.
2. Dumpster shall be enclosed.
3. No road testing shall be conducted in any residential neighborhood.
SUNDAY SALES 1st CLASS (New) –
Smithfield Market Inc. d/b/a Smithfield Market, 453 Smithfield Avenue, LIC #20474
VICTUALLING HOUSE 1st Class (New)
Smithfield Market Inc. d/b/a Smithfield Market, 453 Smithfield Avenue, LIC #00706
Francisco M. Perez d/b/a Bella Pasta, 514 Benefit Street, LIC #00704
THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Jodi Ditroia – No Amount Specified
Louis Drozd, Jr. - $3785.94
Louis Drozd, Jr. – No Amount Specified
Dustin LaBree – No Amount Specified
John and Anita Russell – No Amount Specified
Victor Sales - $278.00
Pamela Viomontes – No Amount Specified
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.
Mark Enander - $300.00
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 Bray, Carr, Clemente, Grebien, Hodge, Hoyas, Moran, and Wildenhain.
NOES - 0.
Lawrence E. Feeney - $300.00
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 Bray, Carr, Clemente, Grebien, Hodge, Hoyas, Moran, and Wildenhain.
NOES - 0.
David R. Hanson - $300.00
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 Bray, Carr, Clemente, Grebien, Hodge, Hoyas, Moran, and Wildenhain.
NOES - 0.
Robert Kosowski - $240.85
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.
Jeremy Marcoux - $767.25
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
Inna Mordukhovich - $264.67
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:
Timothy J. Duffy - $84.68
Keith A. Kestler, Jr., by V. Edward Formisano, Esq. - $500,000.00
Harriet Rooser, by Trumbull Financial Services - $1,931.37
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY ARE TAKEN UNDER ADVISEMENT AND REFERRED TO THE LEGAL DEPARTMENT ON A UNANIMOUS VOICE VOTE:
Nadeau Corporation, by David P.DeStefano, Esq. - $28,958.10
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:
William J. Kilmartin - No Amount Specified - Pending Estimate
George Tager - $66.50
Upon motion made by Councilor Wildenhain, seconded by Councilor Moran the meeting is adjourned at 7:52 P.M. in memory of Municipal Court Judge Gerard Laliberte and Leo Max a life-long resident of the City of Pawtucket.