City Council, October 5, 2005
A regular session of the Pawtucket City Council is held Wednesday, October 5, 2005, at 8:10 p.m. in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – President Grebien, Councilors Barry, Bray, Carr, Clemente, Hodge, Vitali, and Wildenhain.
Absent – Councilor Moran.
President Grebien presides.
THE COUNCIL RECESSES IMMEDIATELY TO MEET AS THE BOARD OF LICENSES COMMISSIONERS
THE COUNCIL RECONVENES AT 8:41 P.M.
The reading of the records of September 21, 2005, is dispensed with and the records are APPROVED as prepared by the Clerk.
Upon motion made by Councilor Carr, seconded by Councilor Barry the *Consent Agenda is APPROVED, on a unanimous voice vote.
*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:
**TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY. NO OTHER ACTION TAKEN.
Communication from Michael D. Cassidy, Secretary, City Planning Commission to the Honorable City Council, (Planning Commission Approval – Comprehensive Plan Land Use Amendment – Hope Artiste Village) is READ AND ORDERED FILED and REFERRED TO THE ORDINANCE COMMITTEE.
THE CHAIR RECOGNIZES COUNCILOR VITALI.
With majority consent of the Council, Councilor Vitali introduces the following ordinance:
An Ordinance Prohibiting Adult Soccer at the McKinnon/Alves Soccer Complex
Upon motion made by Councilor Vitali, seconded by Councilor Wildenhain, the following ordinance is LAID ON THE TABLE and REFERRED TO THE ORDINANCE COMMITTEE on a unanimous voice vote:
An Ordinance Prohibiting Adult Soccer at the McKinnon/Alves Soccer Complex
Communication from Michael D. Cassidy, Secretary, City Planning Commission to the Honorable City Council, request for a Public Hearing – Comprehensive Plan Land Use Amendment is READ AND ORDERED FILED and REFERRED TO THE ORDINANCE COMMITTEE.
Communication from Angel S. Garcia, Director of Personnel to the Honorable Members of the Pawtucket City Council, (Chief Financial Officer – Water Supply Board) is READ AND ORDERED FILED and REFERRED TO THE FINANCE COMMITTEE.
Communication from Michael D. Cassidy, Executive Director, Pawtucket Redevelopment Agency, (Update – Silver Top Diner) is READ AND ORDERED FILED and REFERRED TO CITY PROPERTY COMMITTEE.
Communication from Susan A. Mara, Senior Planner, Department of Planning and Redevelopment to the Honorable City Council, (Pawtucket Redevelopment Authority Request for the Conveyance of City-Owned Lots on Olive Street) is READ AND ORDERED FILED and REFERRED TO THE CITY PROPERTY COMMITTEE.
Communication from John T. Holmes, Animal Control Supervisor, to Janice M. LaPorte, CMC, City Clerk, submitting a draft Ordinance In Amendment Of Chapter 116 Of The Code Of Ordinances Of The City Of Pawtucket, 1996, Entitled “Animals” – Establishing Spay Or Neuter Requirements For Dogs And Cats In The City Of Pawtucket is READ AND ORDERED FILED and REFERRED TO THE ANIMAL CONTROL COMMITTEE.
The following resolution is read and PASSED on a roll call vote as follows:
AYES – President Grebien, Councilors Barry, Bray, Carr, Clemente, Hodge, Vitali and Wildenhain.
NOES - 0.
THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.
With majority consent of the Council, Councilor Clemente introduces the following communications:
Communications from various constituents to the Pawtucket City Council, regarding cats.
Upon motion made by Councilor Clemente, seconded by Councilor Barry, the following communications are READ AND ORDERED FILED:
THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.
With majority consent of the Council, Councilor Clemente introduces the following communication:
Communication from Michael D. Cassidy, Director of Planning and Redevelopment to the Honorable Members of the Pawtucket City Council, (Riverfront Commission Presentation)
Upon motion made by Councilor Clemente, seconded by Councilor Barry, the following communication is READ AND ORDERED FILED and REFERRED TO THE CITY PROPERTY COMMITTEE.
Communication from Michael D. Cassidy, Director of Planning and Redevelopment to the Honorable Members of the Pawtucket City Council, (Riverfront Commission Presentation)
The following ordinance is read for the second time and PASSED on a roll call vote as follows:
AYES – President Grebien, Councilors Barry, Bray, Carr, Clemente, Hodge, Vitali and Wildenhain.
NOES - 0.
The following ordinance is read for the second time and PASSED on a roll call vote as follows:
AYES – President Grebien, Councilors Barry, Bray, Carr, Clemente, Hodge, Vitali and Wildenhain.
NOES - 0.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, the following motion made by Councilor Hodge, seconded by Councilor Vitali, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Margaret M. Lynch-Gadaleta, Esq., City Solicitor and William Mulholland, Superintendent of Parks requesting a status report on the distribution of the defibrillators, specifically why the defibrillators have not been used at the city’s athletic complexes and why they have not been distributed. A response is requested in time for the October 19th Council meeting.
The following ordinance is read for the second time and PASSED on a roll call vote as follows:
AYES – President Grebien, Councilors Barry, Bray, Carr, Clemente, Hodge, Vitali and Wildenhain.
NOES - 0.
The following ordinance is taken up:
AN ORDINANCE IN AMENDMENT OF CHAPTER 116 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ANIMALS.” (Feeding of stray animals and wildlife)
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
With majority consent of the Council, Councilor Wildenhain introduces the following amendment to the above entitled ordinance:
Add the following:
SECTION 2, DESIGNATED AREAS.
The Animal Control Officer shall designate areas prohibiting the feeding of stray animals, including cats and any wildlife, based on nuisance complaints followed by a thorough investigation of said complaints. Designated areas shall be in writing and shall be filed in the office of the Animal Control Office and the Office of the City Clerk.
THE CHAIR RECOGNIZES COUNCILOR BRAY.
With majority consent of the Council, a motion made by Councilor Bray, seconded by Councilor Barry, to LAY ON THE TABLE the following ordinance and REFER BACK TO THE ANIMAL CONTROL COMMITTEE is DEFEATED on a roll vote call as follows:
AYES - Councilors Barry, Bray, and Hodge.
NOES - President Grebien, Councilors Carr, Clemente, Vitali and Wildenhain
AN ORDINANCE IN AMENDMENT OF CHAPTER 116 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ANIMALS.” (Feeding of stray animals and wildlife)
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
Upon motion made by Councilor Wildenhain, seconded by Councilor Vitali, the following amendment to the ordinance entitled “An Ordinance in Amendment of Chapter 116 of the Code of Ordinances of the City of Pawtucket, 1996, Entitled “Animals.” (Feeding of stray animals and wildlife) is APPROVED on a roll call vote as follows:
AYES – President Grebien, Councilors Carr, Clemente, Vitali and Wildenhain.
NOES – Councilors Barry, Bray, and Hodge.
Add the following:
SECTION 2, DESIGNATED AREAS.
The Animal Control Officer shall designate areas prohibiting the feeding of stray animals, including cats and any wildlife, based on nuisance complaints followed by a thorough investigation of said complaints. Designated areas shall be in writing and shall be filed in the office of the Animal Control Office and the Office of the City Clerk.
The following ordinance is read for the first time AS AMENDED and APPROVED on a roll call vote as follows:
AYES – President Grebien, Councilors Carr, Clemente, Vitali and Wildenhain.
NOES – Councilors Barry, Bray, and Hodge.
AN ORDINANCE IN AMENDMENT OF CHAPTER 116 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ANIMALS.” (Feeding of stray animals and wildlife), AS AMENDED
THE FOLLOWING LICENSE IS LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
VICTUALLING HOUSE 1ST Class –
Cretcheu Corp d/b/a Cretcheu Grupo, 593 Weeden Street, (transfer from Rock’s Bar Inc., 684 Prospect Street) LIC#00753
THE FOLLOWING LICENSE IS APPROVED ON A UNANIMOUS VOICE VOTE:
VICTUALLING HOUSE 1ST Class - NEW
Armadillo Promotional Incorporated d/b/a The Madhouse Café, 100 Main St. LIC#00754
THE FOLLOWING LICENSE IS APPROVED ON A UNANIMOUS VOICE VOTE:
VICTUALLING HOUSE 1ST Class - NEW
Café Bernard, LLC d/b/a LJ’S BBQ, 727 East Ave. LIC#00755
*THE FOLLOWING LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
PIGEON LOFT – Renewals
James Luiz, 163 Division St. LIC#D0003
Petros Zervas, 27 Harrison St. LIC#D0008
PINBALL & AMUSEMENT DEVICES – New
New England Fish Factory Inc., d/b/a Noodle Nation Restaurant, 271 Newport Ave. (FIVE) LIC#70059
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
George Mirza - $250.00/$182.81
Harold W. Newton by Attorney Robert J. Levine – No Amount Specified
Kyle Reynolds -$1500.00
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 Grebien, Councilors Barry, Bray, Carr, Clemente, Hodge, Vitali and Wildenhain.
NOES - 0.
John Masse - $287.10
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 Grebien, Councilors Barry, Bray, Carr, Clemente, Hodge, Vitali and Wildenhain.
NOES - 0.
Lisa Beth Demers - $325.00
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 Grebien, Councilors Barry, Bray, Carr, Clemente, Hodge, Vitali and Wildenhain.
NOES - 0.
Glenn MacDonald - $2,950.00
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 Grebien, Councilors Barry, Bray, Carr, Clemente, Hodge, Vitali and Wildenhain.
NOES - 0.
Mario Sousa - $290.00
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:
SEWER CLAIMS – WITH A OFFER TO SETTLE IN A SUM NOT TO EXCEED $500.00:
This offer to settle shall not be construed as an admission of liability on the part of the city.
George and Carolann Horsford - $4,308.90
Kathleen and Almerinda McGeough - $17,600
UPON RECOMMENDATION OF THE COMMITTEE OF CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE DENIED ON A UNANIMOUS VOICE VOTE:
Christine Gailey by One Beacon Insurance - $4,205.13
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY ARE DENIED AND REFERRED TO THE DEPARTMENT OF TRANSPORTATION ON A UNANIMOUS VOICE VOTE:
Alix Nelson - $1,872.93
UPON RECOMMENDATION OF THE CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY ARE LAID ON THE TABLE ON UNANIMOUS VOICE VOTE:
Lee Myer - $548.05/$757.68
THE CHAIR RECOGNIZES COUNCILOR BARRY.
With majority consent of the Council, the following motion made by Councilor Barry, seconded by Councilor Wildenhain, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Ms. Lee Myer, 8 Rosewood Street, asking for a clarification regarding the date of the incident listed on her claim.
THE CHAIR RECOGNIZES COUNCILOR CARR.
With majority consent of the Council, Councilor Carr introduces the following communication:
Communication from Michael D. Cassidy, Director of Planning and Redevelopment to the Honorable Members of the Pawtucket City Council, (Status Report – Hotel Development Project)
Upon motion made by Councilor Carr, seconded by Councilor Vitali, the following communication is READ AND ORDERED FILED:
644 Communication from Michael D. Cassidy, Director of Planning and Redevelopment to the Honorable Members of the Pawtucket City Council, (Status Report – Hotel Development Project)
Upon motion made by Councilor Wildenhain, seconded by Councilor Vitali the meeting is adjourned at 9:34 p.m.