September 7, 2005 - Regular City Council Session

 

City Council, September 7, 2005

 

A regular session of the Pawtucket City Council is held Wednesday, September 7, 2005, at 8:02 p.m. in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI. 

 

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

 

Absent – 0.

 

President Grebien presides.

 

The reading of the records of August 24, 2005, is dispensed with and the records are APPROVED as prepared by the Clerk.

 

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

 

*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:

 

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

 

7          B.  Communication from the Rhode Island Clean Water Finance Agency to the City of Pawtucket, (Statements)

 

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

 

028      D.  Communication Telmo Da Silva, Vice President of Key Container to Janice M. LaPorte, CMC, City Clerk, (Progress Report)

 

028      E.  Communication from Claire E. Bestwick, Acting City Clerk, Providence RI, to the Pawtucket City Council, (Resolution Urging that Cities and Towns of Rhode Island Cannot Exercise the Power of Eminent Domain)

 

028      F.  Communication from Deidra A. Kettelle, East Greenwich Town Clerk to the Pawtucket City Council, (Resolution Urging that Cities and Towns of Rhode Island Cannot Exercise the Power of Eminent Domain)

 

589      G.  Communication from Mayor James E. Doyle to the Honorable Members of the Pawtucket City Council, (Confirmation of the Reappointment of Lewis Soares to the Riverfront Commission)

 

592      H.  Communication from Michael D. Cassidy, Director of Planning and Redevelopment to the Honorable City Council, (Public Meeting on Blackstone River Bike Trail Proposed Route)

 

611      I.  Communication from Ronald L. Wunschel, Director of Finance to Donald R. Grebien, President, Pawtucket City Council, (Classified Non Union Longevity Payments)

 

Communication from Michael D. Cassidy, Director of Planning and Redevelopment to the Honorable City Council, (Public Hearing – Comprehensive Plan Land Use Amendment - Hope Artiste Village) is READ AND ORDERED FILED and REFERRED TO THE ORDINANCE COMMITTEE.

 

Communication from John J. Lombardi, Providence Council President, David Segal, Minority Leader, Miguel C. Luna, Councilman-Ward 9 to Council President Donald Grebien, (Request for Support of Use of Clean, Renewable Energy) is READ AND ORDERED FILED and REFERRED TO THE ORDINANCE COMMITTEE.

 

Communication from Norma M. Walker, Cemetery Overseer for St. Mary Antiochian, Orthodox Church, and Walnut Hill Cemetery to the Pawtucket City Council, (Restoration of Water at Walnut Hill Cemetery) is READ AND ORDERED FILED and REFERRED TO THE CEMETERY COMMITTEE.

 

RIVERFRONT COMMISSION

 

THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.

 

Upon motion made by Councilor Clemente, seconded by Councilor Barry, the name of Donald R. Grebien, is placed in nomination to serve as Council Representative on the Riverfront Commission.

 

Upon motion made by Councilor Clemente, seconded by Councilor Barry, the nominations for Council Representative on the Riverfront Commission are closed.

 

DONALD R. GREBIEN IS ELECTED COUNCIL REPRESENTATIVE ON THE RIVERFRONT COMMISSION, on a roll call vote, as follows:

 

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

 

NOES - 0.

 

UPON RECOMMENDATION OF THE FINANCE COMMITTEE THE FOLLOWING REQUEST IS DENIED ON A UNANIMOUS VOICE VOTE:

 

590      Communication from the Honorable Mayor James E. Doyle to the Honorable Members of the Pawtucket City Council. (Mixed Magic Theatre Donation Request)

 

UPON RECOMMENDATION OF THE FINANCE COMMITTEE THE FOLLOWING REQUEST IS DENIED ON A UNANIMOUS VOICE VOTE:

 

590      Communication from the Honorable Mayor James E. Doyle to the Honorable Members of the Pawtucket City Council. (Request for Financial Assistance to Help Pay A.G. T. Luz Que Brilla Food Pantry’s Bill)

 

UPON RECOMMENDATION OF THE FINANCE COMMITTEE THE FOLLOWING REQUEST IS DENIED ON A UNANIMOUS VOICE VOTE:

 

590      Communication from the Honorable Mayor James E. Doyle to the Honorable Members of the Pawtucket City Council. (Cape Verdean Subcommittee of the Historical Preservation & Heritage Commission Donation Request)

 

UPON RECOMMENDATION OF THE FINANCE COMMITTEE THE FOLLOWING REQUEST IS DENIED ON A UNANIMOUS VOICE VOTE:

 

590      Communication from the Honorable Mayor James E. Doyle to the Honorable Members of the Pawtucket City Council. (GAMM Theatre  Donation Request)

 

UPON RECOMMENDATION OF THE FINANCE COMMITTEE THE FOLLOWING REQUEST IS APPROVED IN THE AMOUNT OF $100.00 ON A ROLL CALL VOTE AS FOLLOWS:

 

AYES – President Grebien, Councilors Bray, Carr, Clemente, Moran, Vitali and Wildenhain.

 

NOES – Councilors Barry and Hodge.

 

590      Communication from the Honorable Mayor James E. Doyle to the Honorable Members of the Pawtucket City Council. (RI Veterans Action Center Donation Request)

 

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

 

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

 

NOES - 0.

 

032      RESOLUTION ACCEPTING THE CARE OF BURIAL LOT OF LOUELLA CHILDRESS.

 

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

 

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

 

NOES - 0.

 

033      RESOLUTION AUTHORIZING THE ABATEMENT OF TAXES ON MOTOR VEHICLES, REAL ESTATE AND TANGIBLE PERSONAL PROPERTY FOR JANUARY, FEBRUARY AND MARCH OF 2005 IN THE SUM OF $53,911.43

 

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

 

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

 

NOES - 0.

 

033      RESOLUTION APPROVING MOTOR VEHICLE ABATEMENTS DUE TO THE AUTO PHASE-OUT EXEMPTION IN THE AMOUNT OF $558,063.07

 

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

 

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

 

NOES - 0.

 

588      RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PURGE UNCOLLECTED AUTO AND TANGIBLE RECEIVABLES IN THE AMOUNT OF $1,658,098.48 REPRESENTING THE YEARS 1993 THROUGH 1994.

 

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

 

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

 

NOES - 0.

 

588      RESOLUTION TO APPROVE AND ADOPT THE FORM OF AMENDED SECTION 125 CAFETERIA PLAN EFFECTIVE JULY 1, 2005. (Health Benefit Co-Payment)

 

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

 

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

 

NOES - 0.

 

588      RESOLUTION OF THE CITY COUNCIL CONVEYING AN EASEMENT FOR THE INCINERATOR PROPERTY ON GROTTO AVENUE TO VERIZON.

 

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

 

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

 

NOES - 0.

 

588      RESOLUTION ADOPTING THE RULES AND REGULATIONS FOR THE LICENSING OF ALL QUALIFIED PERSONS ENGAGED IN THE BUSINESS OF COLLECTION AND HAULING OF REFUSE AND OPERATION OF TRANSFER STATIONS, AS DEFINED IN CHAPTER 2775 OF THE ORDINANCES OF THE CITY OF PAWTUCKET.

 

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

 

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

 

NOES – Councilors Barry and Bray.

 

330      AN ORDINANCE REPEALING SECTIONS 8 AND 9 OF CHAPTER 108 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED “ALCOHOLIC BEVERAGES” (Maximum Number of Licenses)

 

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

 

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

 

NOES – Councilors Barry and Bray.

 

330      AN ORDINANCE IN AMENDMENT OF CHAPTER 108 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED “ALCOHOLIC BEVERAGES” (Class B-Restrictions), AS AMENDED

 

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 Grebien, Councilors Barry, Bray, Carr, Clemente, Hodge, Moran, Vitali and Wildenhain.

 

NOES.

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 2773 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET. (Delete the Traffic Engineering Aide III and Create Senior Traffic Engineering Aide)

 

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 Grebien, Councilors Barry, Bray, Carr, Clemente, Hodge, Moran, Vitali and Wildenhain.

 

NOES.

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 2773 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET. (Create the Position of Police/Chief Accountant – Grievance/Reclassification)

 

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

 

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

 

NOES - 0.

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 108 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED “ALCOHOLIC BEVERAGES” (Adequate Parking Requirements)

 

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

 

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

 

NOES - 0.

 

AN ORDINANCE AMENDING SECTION 388-64 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED MEMORIAL HOSPITAL “HOSPITAL ZONE” PARKING (Rhode Island Ave)

 

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

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 202 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “FEES”.

 

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

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 116 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ANIMALS.” (ESTABLISHING FEES FOR DOG LICENSES)

 

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

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 260 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “LICENSING” (Holiday License)

 

THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.

 

Upon motion made by Councilor Wildenhain, seconded by Councilor Moran the following license is removed from the Consent Agenda and withdrawn without prejudice on a unanimous voice vote:

 

VICTUALLING HOUSE 1^ST Class –

 

Cretcheu Corp d/b/a Cretcheu Grupo, 593 Weeden Street, (transfer from Rock’s Bar Incorporated, 451 Prospect Street)  LIC#00751

 

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

 

ENTERTAINMENT

 

Petition of All Children’s Theatre, for a license to conduct a Fundraiser at the Pawtucket Armory, 172 Exchange Street on Friday, September 23, 2005, from 7:00 p.m. until 9:30 p.m., LIC#0414M

 

RETAIL SALES - FIREARMS - New

 

John Francis d/b/a Competition Shooting Supplies, 435 Benefit St. LIC#B0001

 

VICTUALLING HOUSE 1^st Class –

 

Sonny Michel d/b/a Chez Sonny Haitian Restaurant, (transfer from Joseph Depina d/b/a Depina’s Restaurant) 97 Lonsdale Avenue, LIC#00752

 

VICTUALLING HOUSE 1^ST Class – NEW

 

Wendy’s International Inc., d/b/a Wendy’s Restaurant, 368 Cottage St. LIC#00750

 

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

 

Christine Gailey by One Beacon Insurance - $4205.13

Kathleen and Almerinda McGeough - $17,600+ - SEWER BACK-UP 6/14/2005

Alix Nelson by Commerce Insurance - $1872.93

 

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, Moran, Vitali and Wildenhain.

 

NOES - 0.

 

Linda Morrison Brady - $20.33

 

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, Moran, Vitali and Wildenhain.

 

NOES - 0.

 

Antonio Cabral - $1878.72

 

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, Moran, Vitali and Wildenhain.

 

NOES - 0.

 

Christopher Dunn - $1171.69

 

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, Moran, Vitali and Wildenhain.

 

NOES - 0.

 

Gary Hebner by Allstate Insurance - $1473.82

 

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, Moran, Vitali and Wildenhain.

 

NOES - 0.

 

Francheska Santiago - $816.64

 

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, Moran, Vitali and Wildenhain.

 

NOES - 0.

 

Michael Wyatt - $2465.30

 

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.

 

Kimberly Abbott - $9140.00

Mary-Beth Bairos - $800.00

Dolores Baker - $993.44/$1643.00

Wallace Bey by Attorney Michael R. McElroy - $25,452.00

Mary & Maureen Cordoni - $518.99

Gerald DeGasparre – No Amount Specified

Sidik Kassam - $1077.72/$1363.03

Mark R. Kindberg – $6391.07

Uinseann MacComascaigh – $4029.75

John & Laureen Macomber - $980.58

Andrea Massey - $3230.00

Anne & Michael Mooney - $2200.00

Christine O’Day – $1227.76

Clarence Snead – $2940.75

 

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:

 

Jose Ariza - $90.00

Peter Hopps - $235.99

John Masse - $287.10

 

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY ARE DENIED AND REFERRED TO THE PAWTUCKET HOUSING AUTHORITY ON A UNANIMOUS VOICE VOTE:

 

Linda Flangan by Peter Iascone, Esq. - $100,000.00

 

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:

 

Bernadette Barney by Jeffry Perlow, Esq. - $100,000.00

Laura Beauchamp by Richard P. Brederson, Esq. – No Amount Specified

Ann Jarjoura by Attorney Robert Ameen – No Amount Specified

Melissa LaRoche by D’Olivier and Morgan - $20,000.00

Smithfield Avenue Congregational Church - $9632.31

Michelle Villa by Attorneys Wingrad Shine & Zacks - $3118.31

 

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

 

Lee Myer - $548.05/$757.68

 

THE CHAIR RECOGNIZES COUNCILOR VITALI.

 

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

 

The Clerk is instructed to send a communication to Telmo DaSilva, Vice President of Key Container requesting a meeting be schedule with Councilor Vitali to discuss complaints with the neighbors regarding possible violations of the noise ordinance being created by trucks in the early morning hours.

 

THE CHAIR RECOGNIZES COUNCILOR VITALI.

 

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

 

The Clerk is instructed to send a communication to Michael Burns, Traffic Engineering Supervisor requesting an update on Mr. Jucketts’ letter regarding parking problems in the vicinity of Fallon Memorial School. A response is requested in time for the September 21^st, 2005 Council meeting.

 

Upon motion made by Councilor Moran, seconded by Councilor Clemente the meeting is adjourned at 8:34 p.m.