A regular session of the Pawtucket City Council is held Wednesday, April 5, 2006, at 7:10 p.m. in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – President Grebien, Councilors Barry, Bray, Carr, Moran, Vitali, and Wildenhain.
Absent – Councilors Clemente and Hodge.
President Grebien presides.
The reading of the records of March 22, 2006, is dispensed with and the records are APPROVED as prepared by the Clerk.
Upon motion made by Councilor Moran, seconded by Councilor Wildenhain, the *Consent Agenda is APPROVED, on a unanimous voice vote.
*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:
THE CHAIR RECOGNIZES COUNCILOR CARR.
With majority consent of the Council, Councilor Carr introduces the following communication:
Communication from Michael D. Cassidy, Director, Department of Planning and Redevelopment to the Honorable City Council, (Status Report – Hotel Development Project)
Upon motion made by Councilor Carr, seconded by Councilor Moran, the following communication is READ AND ORDERED FILED:
THE FOLLOWING REQUEST WHICH WAS LAID ON THE TABLE AT THE MARCH 22, 2006, COUNCIL MEETING, IS AGAIN TAKEN UP:
THE CHAIR RECOGNIZES COUNCILOR CARR.
Upon motion made by Councilor Carr, seconded by Councilor Vitali, the funding for an additional Associate Judge for the Pawtucket Municipal Housing Court is APPROVED and the request for an additional Associate Judge for the Pawtucket Municipal Housing court is approved pending the approval of the voters at the next election.
AYES – President Grebien, Councilors Barry, Bray, Carr, Moran, Vitali and Wildenhain.
NOES - 0.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, the following motion made by Councilor Moran, seconded by Councilor Wildenhain, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Kevin J. Dumas, Mayor of Attleboro, asking the status regarding the relocation of Case Construction Company in Attleboro.
A response is requested in time for the April 19, 2006, Council meeting.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, the following motion made by Councilor Moran, seconded by Councilor Wildenhain, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Case Construction Company regarding increased truck traffic on Kenyon Avenue, Snow Street and Julian Street, and is asking if Case Construction can utilize using Bristol Street in Attleboro, to divert the truck traffic around the neighborhood.
A response is requested in time for the April 19, 2006, Council meeting.
The following resolution is read and PASSED on a roll call vote as follows:
AYES – President Grebien, Councilors Barry, Bray, Carr, Moran, Vitali and Wildenhain.
NOES - 0.
THE CHAIR RECOGNIZES COUNCILOR VITALI.
With majority consent of the Council, Councilor Vitali introduces the following communication:
Communication from Representative Peter F. Kilmartin, House Majority Whip to the Honorable Donald R. Grebien. (Requesting donation for Tolman High School Students called “The Mechanicatz” to compete in the International Robotics Competition in Atlanta, Georgia).
Upon motion made by Councilor Vitali, seconded by Councilor Carr, the following communication is READ AND ORDERED FILED and REFERRED TO THE FINANCE COMMITTEE.
The following resolution is read and PASSED on a roll call vote as follows:
AYES – President Grebien, Councilors Barry, Bray, Carr, Moran, Vitali and Wildenhain.
NOES - 0.
THE CHAIR RECOGNIZES COUNCILOR BRAY.
With majority consent of the Council, the following motion made by Councilor Bray, seconded by Councilor Barry, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Patrick Morganelli, Executive Director, Public Housing Authority requesting a status report on the renovations at St. Germain Manor in Pawtucket, specifically the fire alarm work, renovations to the community room, and the renovations to the apartment units.
A response is requested in time for the April 19, 2006, Council meeting.
The following resolution is read and PASSED on a roll call vote as follows:
AYES – President Grebien, Councilors Barry, Bray, Carr, Moran, Vitali and Wildenhain.
NOES - 0.
THE CHAIR RECOGNIZES COUNCILOR BARRY.
With majority consent of the Council, Councilor Barry introduces the following communication:
Communication from Christopher Cute, Pawtucket Fire Department to the Honorable Members of the City Council, (COLA Benefit for Retired Police and Fire Personnel Under the “Old Pension System”)
Upon motion made by Councilor Barry, seconded by Councilor Bray, the following communication is READ AND ORDERED FILED and REFERRED TO THE FINANCE COMMITTEE.
THE CHAIR RECOGNIZES COUNCILOR BARRY.
With majority consent of the Council, the following motion made by Councilor Barry, seconded by Councilor Bray, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Ronald L. Wunschel, Director of Finance requesting that he respond to the questions raised by Christopher Cute, Pawtucket Firefighter regarding the COLA provision for retired police and fire personnel under the “Old Pension Plan”
THE CHAIR RECOGNIZES COUNCILOR BARRY.
With majority consent of the Council, Councilor Barry introduces the following communication:
Communication from the Rhode Island League of Cities and Towns, Scott Avedisian, Mayor of Warwick to the Honorable Donald Grebien. (Housing Crisis in Rhode Island)
Upon motion made by Councilor Barry, seconded by Councilor Moran, the following communication is READ AND ORDERED FILED:
The following resolution is read and PASSED on a roll call vote as follows:
AYES – President Grebien, Councilors Barry, Bray, Carr, Moran, Vitali and Wildenhain.
NOES - 0.
The following resolution is read and PASSED on a roll call vote as follows:
AYES – President Grebien, Councilors Barry, Bray, Carr, Moran, Vitali and Wildenhain.
NOES - 0.
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
With majority consent of Council, Councilor Wildenhain introduces the following communication:
Communication from Margaret M. Lynch-Gadaleta, Esq., City Solicitor to Janice M. LaPorte, CMC, City Clerk (School Department Budget-Final Consent Order)
Upon motion made by Councilor Wildenhain, seconded by Councilor Moran, the following communication is READ AND ORDERED FILED:
The following resolution is read and PASSED on a roll call vote as follows:
AYES – President Grebien, Councilors Barry, Bray, Carr, Moran, Vitali and Wildenhain.
NOES - 0.
The following resolution is read and PASSED on a roll call vote as follows:
AYES – President Grebien, Councilors Barry, Bray, Carr, Moran, Vitali and Wildenhain.
NOES - 0.
The following resolution is read and PASSED on a roll call vote as follows:
AYES – President Grebien, Councilors Barry, Bray, Carr, Moran, Vitali and Wildenhain.
NOES - 0.
The following resolution is read and PASSED on a roll call vote as follows:
AYES – President Grebien, Councilors Barry, Bray, Carr, Moran, Vitali and Wildenhain.
NOES - 0.
The following resolution is read and PASSED on a roll call vote as follows:
AYES – President Grebien, Councilors Barry, Bray, Carr, Moran, Vitali and Wildenhain.
NOES - 0.
PRESIDENT GREBIEN LEAVES THE CHAMBERS AT 7:35 P.M.
President Pro Tempore Moran presides.
The following resolution is read and PASSED on a roll call vote as follows:
AYES – Pro Tempore Moran, Councilors Barry, Bray, Carr, Vitali and Wildenhain.
NOES - 0.
The following resolution is read and PASSED on a roll call vote as follows:
AYES – Pro Tempore Moran, Councilors Barry, Carr, Vitali and Wildenhain.
NOES - 0.
ABSTAIN – Councilor Bray.
588 RESOLUTION IN SUPPORT OF MAYOR JAMES E. DOYLE’S LETTER TO THE RHODE ISLAND PUBLIC UTILITIES COMMISSION REQUESTING RELIEF FROM THE HIGH COST OF THE HYDRANT RENTAL FEE.
Communication from Ronald L. Wunschel, Director of Finance to the Pawtucket City Council, (Pawtucket School Bond Resolution) is READ AND ORDERED FILED.
The following resolution is read and PASSED on a roll call vote as follows:
AYES – Pro Tempore Moran, Councilors Barry, Bray, Carr, Vitali and Wildenhain.
NOES - 0.
THE FOLLOWING RESOLUTION SUBMITTED BY THE CITY PROPERTY COMMITTEE FOR APPROVAL IS NOT PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES –President Pro Tempore Moran, Councilors Barry, Carr and Wildenhain.
NOES - – Councilors Bray and Vitali.
THE CHAIR RECOGNIZES COUNCILOR BRAY.
Motion made by Councilor Bray, seconded by Councilor Vitali, to RECONSIDER THE VOTE TO APPROVE THE FOLLOWING RESOLUTION is passed on a unanimous voice vote:
RESOLUTION TO CONVEY CITY PROPERTY LOCATED ON LONSDALE AVENUE (A.P. 46 (B) LOT 10) TO THE PAWTUCKET REDEVELOPMENT AGENCY (Laurel Hill Playground)
THE CHAIR RECOGNIZES COUNCILOR CARR.
Upon motion made by Councilor Carr, seconded by Councilor Barry, the following Resolution is LAID ON THE TABLE on a unanimous voice vote:
THE CHAIR RECOGNIZES COUNCILOR BRAY.
With majority consent of the Council, the following motion made by Councilor Bray, seconded by Councilor Barry, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Michael D. Cassidy, Director of Planning and Redevelopment regarding the parcel on Lonsdale Avenue (A.P. 46(B) Lot 10 – Laurel Hill Playground) requesting he provide information on this parcel, specifically are there any provisions to replace the playground on this side of the city, if this parcel is going to be used for affordable housing
A response is requested in time for the April 19, 2006, Council meeting.
The following ordinance is read for the second time and PASSED on a roll call vote as follows:
AYES – Pro Tempore Moran, Councilors Barry, Bray, Carr, Vitali and Wildenhain.
NOES - 0.
THE CHAIR RECOGNIZES COUNCILOR VITALI.
With majority consent of the Council, the following motion made by Councilor Vitali, seconded by Councilor Bray, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to each member of the Pawtucket School Committee; Dr. Hans Dellith, Superintendent of Schools; Stephen Robinson, Esq.; and Michael D. Cassidy, Director of Planning and Redevelopment requesting the status of revisiting the Skateboard Park Proposal at Jenks Jr. High School.
A response is requested in time for the April 19, 2006, Council meeting.
The following ordinance is read for the second time and PASSED on a roll call vote as follows:
AYES – Pro Tempore Moran, Councilors Barry, Bray, Carr, Vitali and Wildenhain.
NOES - 0.
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 – Pro Tempore Moran, Councilors Barry, Bray, Carr, Vitali and Wildenhain.
NOES - 0.
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 – Pro Tempore Moran, Councilors Barry, Bray, Carr, Vitali and Wildenhain.
NOES - 0.
AND JUNK DEALERS, AND METAL RECYCLERS.
THE FOLLOWING LICENSE IS TAKEN UP:
ENTERTAINMENT –
Petition of Iglesia Cristo Soberano A.C.Y.M. to conduct a Religious Celebration Service at 339 Lonsdale Avenue, Dominican Market (parking lot), on May 26, June 23, July 28, August 11, and September 8, 2006, from 5:00 p.m. to 8:00 p.m., LIC#0433M
THE CHAIR RECOGNIZES COUNCILOR BARRY.
Upon motion made by Councilor Barry, seconded by Councilor Bray, the following license is DENIED on a unanimous voice vote:
Petition of Iglesia Cristo Soberano A.C.Y.M. to conduct a Religious Celebration Service at 339 Lonsdale Avenue, Dominican Market (parking lot), on May 26, June 23, July 28, August 11, and September 8, 2006, from 5:00 p.m. to 8:00 p.m., LIC#0433M
THE FOLLOWING LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
ENTERTAINMENT –
Petition of the Pawtucket Armory Association to conduct a Fundraiser, at Pawtucket Armory Drill Hall, 172 Exchange St., on Monday, April 10, 2006, from 6:00 p.m. to 9:00 p.m. LIC#0435M
AUTOMOBILE REPAIR SHOP AND SECOND HAND SHOP LICENSES (CLASS A & B) (Selling used automobiles and parts) - Renewals
*Cisco’s Performance Center Inc., d/b/a Cisco’s Performance Auto Sales, 264 Weeden St. LIC#30261 #40271
1. Close by 6:00 PM.
2. No bodywork or painting.
3. Property must be kept clean.
4. Noise must be kept down.
*Dorman’s Auto Center Inc., 434 Prospect St. LIC# 30259 #40269
STIPULATION PER ZONING 3/27/01
1. Open storage of motor vehicles, auto parts, or debris shall not be visible from Prospect Street or the front of the building.
East Coast Auto Sales & Service Inc., 286 Mineral Spring Ave. LIC#30037 #40038
John's Motor Co., Inc., 707 Broadway LIC#30300 #40317
Moe's Auto Sales and Service Inc., 19 Benefit St. LIC#30078 #40064
*Regal Auto Body & Radiator Works Inc., d/b/a Regal Car Care and Collision Center, 65 East St. LIC#30304 #40324
1. No auto body work on premises.
2. Robin Drive gate entrance shall not be used after 9:00 p.m. (per zoning decision)
3. Lights shall be directed away from surrounding residences.
4. No auto parts shall be left outside in yard.
Smithfield Motor Sales Inc., 527 Smithfield Ave. LIC#30105 #40094
Tiki Auto Sales Inc., 772 Main St. LIC#30114 #40101
AUTO REPAIR SHOP & SECOND HAND SHOP CLASS B (Parts Only) - Renewals
ACE Armature Co, Inc., 683 Mineral Spring Ave. LIC#30001 #40001
Casey & Son’s Inc., d/b/a C J's Auto Service of Pawtucket, 556 Main St. LIC#30017 #40017
Jeff Guckin d/b/a Mobicare, 350 Cottage St. LIC#30194 #40191
*Antonio J. Marques d/b/a Tony & Sons Auto Service, 551 Central Ave. LIC#30294 #40311
1. There shall be no more than 16 registered vehicles on the premises stored outside overnight, and not more than 19 registered vehicles during the business hours of operation, including the tow-truck.
2. No business or customer vehicles to be parked on the street.
3. No outside storage of auto or truck parts, except within the fenced enclosure presently located on the lot.
4. Vehicles repairs to be conducted only between the hours of 7:00 a.m. and 7:00 p.m.
5. No vehicles sales allowed.
Mel's Auto Clinic Ltd., 1514 Newport Ave. LIC#30072 #40061
Roland & Linda Nadeau d/b/a Oliver’s Auto Body, 21 Buffum St. LIC#30162 #40150
Alan & Keith Perry d/b/a A & E Auto Service, 50 Alden St. LIC#30286 #40302
*Sembel Enterprises Inc., d/b/a Goff Gas, 75 Goff Ave. LIC#30244 #40253
1. Fence or blockade to be put up on Dexter Street side of property on border with neighbor.
2. Remove phone near Dexter Street.
SECOND HAND SHOP ONLY (Class A – Use Automobiles Only) Renewals
Dorman’s Auto Center, Inc. (Annex) d/b/a Dorman’s Auto Center Annex, 124 Beverage Hill Ave. LIC#40189
Nicali Auto Outlet, Inc., 1 Dunnell Lane, LIC#40256
AUTO REPAIR SHOP ONLY - RENEWALS
*Diann L. Fontaine d/b/a DC Automotive, 27 Centre St. LIC#30311
1. No auto body work.
2. No painting.
3. No parking cars on Centre Street.
4. No more than 14 cars parked in front at any time.
5. No junk of any kind shall be stored outside.
6. All work shall be done inside the building.
International Auto Repair Inc., 544 Smithfield Ave. LIC#30056
Arthur Ogni d/b/a Art's Sunoco Service, 326 Central Ave. LIC#30083
Frank P. Paine d/b/a Paine's Texaco Station, 344 Armistice Blvd. LIC#30084
*Manuel A. Rojas d/b/a Manny’s Transmission, 1114 Newport Ave. LIC#30280
1. No auto parts stored outside the building.
2. No unregistered autos parked outside building.
3. Only 8 cars allowed on lot and 2 cars allowed in building.
4. Hours of operation shall be 8:00 a.m.-7:00 p.m. M-F; 8:00 a.m.-5:00 p.m. on Saturdays.
5. No Sundays.
6. All repairs inside building.
7. Outside security light turned off by 9:00 p.m.
Tiki Auto Sales Inc., d/b/a Tiki Auto Repair, 64 Hilton St. LIC#30113
CLASS C (USED Miscellaneous Merchandise)
Robert M. Carbone d/b/a Pawtucket Pawn Brokers, 261 Main St. LIC#40282
J & M Mower Inc., d/b/a J & M Mower Sales and Service, 137 Newell Ave. LIC#40227
Margaret M. Lussier d/b/a J & M Antiques & Used Furniture, 386 Central Ave. LIC#40228
Paul Moskwa d/b/a American Music Sound and Light, 58 Exchange St. LIC#40139
Mother’s Little Helper LLC, 580 Newport Ave. LIC#40318
George F. Thurber d/b/a George’s Games and Music, 101 Main St. LIC#40211
Tuxedo’s By Merian Inc., 214 Broadway, LIC#40254
RETAIL JUNK LICENSE (Renewal)
John S. Lussier d/b/a John’s Salvage Company, 32 Wood St. LIC#50001
HOLIDAY LICENSES – New
Pamela L. Carter d/b/a Pamela's Pastry Shoppe, 832 Newport Ave. LIC#20104
Fox Grocery, Inc., 209 Benefit St. LIC#20103
L J C Sales, Inc., d/b/a Little Bit of Everything, 275 Newport Ave. LIC#20105
Yevgeniy Mazo d/b/a Russian Market, 727 East Ave. LIC#20099
Pawtucket Mart & Deli, LLC d/b/a Quik Pick Market, 191 Pawtucket Ave. LIC#20106
HOLIDAY LICENSE –
RMA Inc., d/b/a Convenience Mart (Transfer from Cumberland Farms Inc., d/b/a Cumberland Farms #1230) 54 Newport Ave. LIC#20102
PEDDLER Renewal –
Rocco B. Africo, 12 Verdi Street, North Providence, Rhode Island, LIC#80
TO PEDDLE: Lemonade
DRIVER: Rocco B. Africo, 12 Verdi Street, North Providence, Rhode Island
LOCATION: All of Pawtucket
POOL TABLE – New
Candilejas Corp., d/b/a Candilejas Café & Lounge, 602 Smithfield Ave. (1) Weekdays & Sundays LIC#G0069
VICTUALLING HOUSE – First Class
Banai Enterprises LLC d/b/a Subway Sandwiches, (Transfer from Pawtucket Subway Inc.) 287 Armistice Blvd. LIC#00770
RMA Inc., d/b/a Convenience Mart (Transfer from Cumberland Farms Inc., d/b/a Cumberland Farms #1230) 54 Newport Ave. LIC#00769
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Faustina Domenah - $956.75/$1715.66
Cindy Medieros - $34.99
RESUBMITTED
Michael Kean - $350.00
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 – Pro Tempore Moran, Councilors Barry, Bray, Carr, Vitali and Wildenhain.
NOES - 0.
Sandra Yeghian - $1800.00
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 – Pro Tempore Moran, Councilors Barry, Bray, Carr, Vitali and Wildenhain.
NOES - 0.
Nancy Connor - $399.15
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 – Pro Tempore Moran, Councilors Barry, Bray, Carr, Vitali and Wildenhain.
NOES - 0.
William Greenwood - $300.00
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:
Dora Brand - $193.56
Richard Perron by OneBeacon Insurance - $60.00
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY IS TAKEN UNDER ADVISEMENT AND REFERRED TO THE LEGAL DEPARTMENT ON A UNANIMOUS VOICE VOTE:
Jasmein DelaZerda by Michael R. Lombardi, Esq. - $100,000.00
Michael Mello $10,000.00
Joseph P. Muschiano by Michael Horan, Esq. – No Amount Specified
Dawn Rosa by Attorney George Hovarth - $400,000.00
John Paul Rosa by Attorney George Hovarth - $100,000.00
Hamiliton Darosa by Wayne G. Resmini, Esq. – No Amount Specified
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS DENIED AND REFERRED TO THE NEW ENGLAND GAS COMPANY ON A UNANIMOUS VOICE VOTE:
Rae & Scott Davis - $704.01/$719.72
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS DENIED AND REFERRED TO THE DEPARTMENT OF TRANSPORTATION:
Betty Guarino - $250.00
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS DENED AND REFERRED TO THE PAWTUCKET SCHOOL DEPARTMENT:
Marie Puglia by Richard M. Bianculli Jr., Esq. – No Amount Specified
Upon motion made by Councilor Wildenhain, seconded by Councilor Vitali the meeting is adjourned at 8:00 p.m.