City Council, April 19, 2006
A regular session of the Pawtucket City Council is held Wednesday, April 19, 2006, at 7:05 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 April 5, 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:
028 A. Communication from Jean M. Fecteau, Glocester Town Clerk to City and Town Clerks, (Support of House Bill 7280 “An Act Relating to Statutes and Statutory Construction – Publication and Distribution of Acts”)
028 B. Communication from Jean M. Fecteau, Glocester Town Clerk to City and Town Clerks, (Resolution in Support of a Statewide Boycott on all Exxon Mobile Corporation’s Petroleum-based Products Currently Being Used for Energy, Heating and Transportation Needs)
028 C. Communication from Dana L. Toy, East Providence City Clerk to Janice M. LaPorte, CMC, City Clerk, (Resolution Opposing the Transfer of Dr. George B. Haines Memorial Park from the State of Rhode Island to the Town of Barrington)
028 D. Communication from Dale S. Holberton, South Kingstown Town Clerk to Janice M. LaPorte, CMC, City Clerk, (Support of Resolution Calling for the Establishment of a Joint Pension Review Committee)
7 E. Communication from the Rhode Island Clean Water Finance Agency to the City of Pawtucket, (Revolving Fund Program Project Payment Requisition Form)
7 F. Communication from the Rhode Island Clean Water Finance Agency to the City of Pawtucket, (Statements)
7 G. Communication from the Rhode Island Clean Water Finance Agency to the City of Pawtucket, (Construction Fund Draw Schedule Analysis)
613 & 3 H. Communication from Margaret M. Lynch-Gadaleta, Esq., City Solicitor to Stephen M. Robinson, Esq., (Skateboard Park)
613 & 3 I. Communication from Margaret M. Lynch-Gadaleta, Esq., City Solicitor to Janice M. LaPorte, CMC, City Clerk, (Pawtucket School Committee/Skateboard Park)
592 & 3 J. Communication from Michael D. Cassidy, Director of Planning and Redevelopment to Janice M. LaPorte, CMC, City Clerk, (Status of the Skateboard Park Proposal)
3 K. Communication from Dr. Hans W. Dellith to the Pawtucket City Council, (FY07 Budget – FIRST DRAFT)
3 L. Declaratory Judgment between City of Pawtucket vs. Pawtucket School Committee and Lantau Island, Inc.
028 & 89 M. Communication from James R. Capaldi, P.E. Director, Department of Transportation to Janice M. LaPorte, CMC, City Clerk, (Resurfacing Project for Newport Avenue)
611 N. Communication from Ronald L. Wunschel, Director of Finance to Pawtucket City Council, (Letter from Firefighter Captain Chris Cute)
592 O. Communication from Michael D. Cassidy, Director of Planning and Redevelopment to Janice M. LaPorte, CMC, City Clerk, (Laurel Hill Playground)
061 Q. 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, 2005, through March 31, 2006)
590 R. Communication from Mayor James E. Doyle to the Honorable Members of the Pawtucket City Council, (Letter of Support for “The Mechanicatz”)
614 & 126 S. Communication from John E. Carney, Director of Public Works to Janice M. LaPorte, CMC, City Clerk, (Soccer Field)
028 T. Communication from Patrick A. Morganelli, Executive Director, Pawtucket Housing Authority to Janice M. LaPorte, CMC, City Clerk, (Saint Germain Manor Community Center)
028 U. Communication from Denise Panichas, Interim Executive Director, The Samaritans of Rhode Island to Donald R. Grebien, President, Pawtucket City Council, (Thank You for Donation)
033 V. Communication from David L. Quinn, II, Tax Assessor, to the Honorable Members of the Pawtucket City Council. (January, February and March, 2006)
588 & 033 W. Resolution Authorizing The Abatement Of Taxes On Motor Vehicles, Real Estate And Tangible Personal Property For January, February And March, 2006 In The Sum Of $250,347.25 is LAID ON THE TABLE and REFERRED TO THE FINANCE COMMITTEE
028 & 330 X. Communication from Darcy A. Viner, Manager of Information Systems to Donald R. Grebien, President, Pawtucket City Council and the Honorable Members of the Council, (Change in Name of Data Processing Division)
330 Y. An Ordinance In Amendment Of §3-2 Of The Code Of Ordinances Of The City Of Pawtucket, 1996 (Data Processing Information Technology) is LAID ON THE TABLE and REFERRED TO THE ORDINANCE COMMITTEE
613 & 330 Z. Communication from Margaret M. Lynch-Gadaleta, Esq., City Solicitor to Janice M. LaPorte, CMC, City Clerk, DRAFT – An Ordinance in Amendment of §347-14 of the Code of Ordinances of the City of Pawtucket, 1996, Establishing Refuse Collections Rules is READ AND ORDERED FILED and REFERRED TO THE ORDINANCE COMMITTEE
613 & 330 AA. Communication from Margaret M. Lynch-Gadaleta, Esq., City Solicitor to Janice M. LaPorte, CMC, City Clerk, (Cigarette Advertising) – DRAFT – An Ordinance Repealing Chapter 410-92.1, of the Code of Ordinances of the City of Pawtucket, 1996, in its Entirety, Entitled” Cigarette Advertising,” is READ AND ORDERED FILED and REFERRED TO THE ORDINANCE COMMITTEE.
590 & 330 BB. Communication from Mayor James E. Doyle to the Honorable Members of the City Council, (Property Tax Classification Ordinances)
330 CC. An Ordinance in Amendment of Chapter 363 of the Code of Ordinances of the City of Pawtucket, 1996, Entitled, “Taxation;” Specifically §363-67, Entitled, “Duties of Assessor and Finance Director” (Property Tax Classification) is LAID ON THE TABLE and REFERRED TO THE FINANCE COMMITTEE.
330 DD. An Ordinance in Amendment of Chapter 363 of the Code of Ordinances of the City of Pawtucket Entitled, “Taxation” is LAID ON THE TABLE and REFERRED TO THE FINANCE COMMITTEE.
028 & 644 EE. Communication from Carpionato Properties to Donald R. Grebien, President, Pawtucket City Council, (Update on Hotel including Design and Specs Review) is READ AND ORDERED FILED and REFERRED TO THE CITY PROPERTY COMMITTEE.
592 & 647 P. Communication from Susan Mara, Senior Planner, Planning and Redevelopment to Donald R. Grebien, President, Pawtucket City Council, (Stakeholder Committee Meeting No. 01 – Pawtucket/Central Falls Commuter Rail Facility Feasibility Study and Site Analysis)
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 Susan Mara, Senior Planner, Department of Planning & Redevelopment asking why Councilor Clemente was not listed as a member of the Stakeholder Committee regarding the Pawtucket/Central Falls Rail Facility. Further requested is an explanation for this over-site and if his comments will be considered. A response is requested in time for the May 10, 2006, council meeting.
THE CHAIR RECOGNIZES COUNCILOR CARR.
With majority consent of the council, the following motion made by Councilor Carr, seconded by the Entire City Council, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Margaret M. Lynch-Gadaleta, Esq., City Solicitor requesting a legal opinion on whether the school department has the authority to hire outside legal counsel. Councilor Carr mentioned a Rhode Island Supreme Court decision, which he referred to as the Santilli Case, involving the town of Johnston. The decision stated that under Johnston’s Charter, the Town Solicitor represents all city departments, including the school department. He further stated that our Charter was similar to Johnston’s and therefore is questioning if Pawtucket’s City Solicitor would also represent the School Department. A response is requested in time for the May 10, 2006, Council meeting.
609 Communication from Mary C. Hanley, Manager – Right of Way, Verizon, to Janice M. LaPorte, CMC, City Clerk, requesting permission to place one new joint pole location on Grotto Avenue, READ AND ORDERED FILED and APPROVED PENDING THE APPROVAL OF THE DIRECTOR OF ZONING AND CODE ENFORCEMENT.
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 Historic District Commission:
HISTORIC DISTRICT COMMISSION
Monique Renaud, 283 Bloomfield Street, Pawtucket, RI 02861. Term expires the first Monday in February, 2009, 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 Grebien, Councilors Barry, Bray, Carr, Clemente, Hodge, Moran, Vitali and Wildenhain.
NOES - 0.
HISTORIC DISTRICT COMMISSION
589 Monique Renaud, 283 Bloomfield Street, Pawtucket, RI 02861. Term expires the first Monday in February, 2009
THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.
With majority consent of the Council, Councilor Clemente introduces the following communication:
Communication from Dr. Hans W. Dellith, Pawtucket Superintendent of Schools to Mayor James E. Doyle, (FY07 School Budget)
Upon motion made by Councilor Clemente, seconded by Councilor Barry, the following communication is READ AND ORDERED FILED and REFERRED TO THE FINANCE COMMITTEE.
7 & 611 Communication from Dr. Hans W. Dellith, Pawtucket Superintendent of Schools to Mayor James E. Doyle, (FY07 School Budget)
THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.
With majority consent of the Council, Councilor Clemente introduces the following communication:
Communication from Ronald L. Wunschel, Director of Finance to the Pawtucket City Council, (FY07 Budget Summary)
Upon motion made by Councilor Clemente, seconded by Councilor Barry, the following communication is READ AND ORDERED FILED and REFERRED TO THE FINANCE COMMITTEE.
Communication from Ronald L. Wunschel, Director of Finance to the Pawtucket City Council, (FY07 Budget Summary)
THE FOLLOWING RESOLUTION WHICH WAS LAID ON THE TABLE AT THE MEETING HELD ON APRIL 5, 2006, IS AGAIN TAKEN UP, AND APPROVAL 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 CONVEY CITY PROPERTY LOCATED ON LONSDALE AVENUE (A.P. 46 (B) LOT 10) TO THE PAWTUCKET REDEVELOPMENT AGENCY (Laurel Hill Playground)
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 CONGRATULATING FRANK FIGUEIREDO FOR RECEIVING THE PRESTIGIOUS “PERSON OF THE YEAR AWARD,” IN 2006, FROM THE PORTUGUESE AMERICAN CITIZENS COMMITTEE OF RHODE ISLAND AND WISHING HIM CONTINUED SUCCESS IN ALL FUTURE ENDEAVORS.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, the following motion made by Councilor Moran, seconded by Councilor Carr is PASSED on a unanimous voice vote:
The Clerk is requested to contact Councilor Vitali, Chair of the Recreation Committee, to schedule a meeting to discuss the poor condition of the Pineview Little League field located at Daggett Field. It is requested that the following be invited to attend: John E. Carney, Director of Public Works; William Mulholland, Superintentent of Recreation; Chris Crawley, Supervisor of Parks and Recreation Facilities; Raymond Johnston, President Pineview Little League. It is further requested that the entire City Council be notified when this meeting is scheduled.
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, Moran, Vitali and Wildenhain.
NOES - 0.
330 AN ORDINANCE IN AMENDMENT OF SECTION 260-14 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, REGARDING ENTERTAINMENT LICENSES.
THE CHAIR RECOGNIZES COUNCILOR BARRY.
With majority consent of the Council, the following motion made by Councilor Barry, seconded by Councilor Clemente, is PASSED on a unanimous voice vote:
The Clerk is requested to contact Councilor Clemente, Chair of the Finance Committee, to schedule a meeting with The Education Partnership to look at the School Department’s contracts and its overall spending.
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, Moran, Vitali and Wildenhain.
NOES - 0.
330 AN ORDINANCE IN AMENDMENT OF CHAPTER 251 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED SECONDHAND SHOPS, JUNKYARDS, AND JUNK DEALERS, AND METAL RECYCLERS.
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 - 0.
330 AN ORDINANCE IN AMENDMENT OF CHAPTER 2797 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET. (Delete – Engineering Aide I and Engineering Aide III and Create Project Leader)
*THE FOLLOWING LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
ENTERTAINMENT –
Petition of Victoria Amaral d/b/a Narragansett Café (Indian Lounge) for a license to conduct a Fund Raiser to benefit Scholarship Fund in Memory of Leigh Ann Moreau A Station Nightclub Fire Victim at 435 York Avenue – Inside and Outside, on Sunday, May 7, 2006, from 1:00 p.m. to 5:00 p.m. LIC#437
Petition of Pawtucket Armory Association, for a license to conduct a Fundraiser for the Gamm Theatre at The Pawtucket Armory, 172 Exchange Street, on Saturday, November 6, 2006, from 7:00 p.m. to 10 p.m. LIC#0438
THE CHAIR RECOGNIZES COUNCILOR VITALI.
Upon motion made by Councilor Vitali, seconded by Councilor Hodge, the following license is removed from the Consent Agenda and LAID ON THE TABLE on a unanimous voice vote:
ENTERTAINMENT –
Petition of Community Center of Grupo Amigos Da Terceira Inc., for a license to conduct an Annual St. Vincent DePaul Feast at 55 Memorial Drive, parking lot, Monday, September 4, 2006, from 2:00 p.m. to 8:00 p.m.; Friday, September 8, 2006, from 8:00 p.m. to 12:00 a.m.; Saturday, September 9, 2006, from 12:00 Noon to 11:30 a.m.; and Sunday, September 10, 2006, from 12:00 Noon to 10:00 p.m. LIC#0436M
AUTOMOBILE REPAIR SHOP AND SECOND HAND SHOP LICENSES (CLASS A & B) (Selling used automobiles and parts) - Renewals
Champion Collision and Sales Inc., d/b/a Champion Collision and Sales, 41 Congress St. LIC#30226 #40230
East Coast Auto Sales & Service Inc., 286 Mineral Spring Ave. LIC#30037 #40038
*Higginson Collision & Auto Sales Inc., 616 Weeden St. LIC#30310 #40334
1. There shall be no parking on any of the sidewalks in the area, specifically on Weeden Street and Samuel Avenue.
New Stipulation added on 10/20/04
2. Relocate dumpster, which is on the sidewalk, which is to be screened in according to city ordinance.
Monarock Truck & Trailer Service Inc., 350 Walcott St. LIC#30079 #40109
AUTO REPAIR SHOP & SECOND HAND SHOP CLASS B (Parts Only) - Renewals
Central Auto Radiator Inc., 188 Pine St LIC#30022 #40177
AUTO REPAIR SHOP ONLY
*Jiffy Lube International d/b/a Jiffy Lube #824, 121 Newport Ave. LIC#30159
1. The north side of the building must be kept clean at all times.
2. There will be no yelling by employees from the pit to other employees as to disturb the neighbors. There will be a better means of communication implemented.
3. Vehicles waiting to get serviced will shut of their engines so that there will be no exhaust fumes from idling cars entering the neighbors’ windows.
4. All radios should be turned off, while cars are waiting to be serviced.
5. Workers shall take their lunch breaks on the south side of the building, so not to disturb neighbors.
6. All the above directives will be posted for employees and customers in prominently displayed areas.
CLASS C (USED Miscellaneous Merchandise) - Renewals
Blackstone Valley Chapter Rhode Island Association for Retarded Citizens (RIARC) d/b/a New to You, 541 Armistice Blvd. LIC#40226
*Genoveva Santana d/b/a Family Appliances, 589 Main St. LIC#40330
1. No items to be placed on sidewalk or the exterior of the building.
HOLIDAY LICENSES – New
Humberto P. DaSilva d/b/a Zaccagnini’s Pastry Shoppe, 546 Smithfield Ave. LIC#20107
Moran Foods Inc., #803, d/b/a Save-A-Lot Food Stores, 477 Mineral Spring Ave. LIC#20114
Muhammad Islam Rehman d/b/a Sam’s Food Stores, 151 Benefit St. LIC#20110
Rabia Inc., d/b/a Pawtucket Food Mart, 755 Mineral Spring Ave. LIC#20111
Benvindo Rocha d/b/a High Step Fashion, 955 Main St. LIC#20117
Union Fruit Market, Inc., 139 Broad Street, LIC#20116
U-Save Gas Inc., d/b/a Roukoz Investment, 469 Benefit St. LIC#20112
PEDDLER Renewal –
Jolande Sylej, 128 Byron Avenue, Pawtucket, RI, LIC#96
DRIVERS: Jolande Sylej, 128 Byron Avenue, Pawtucket, RI
TO PEDDLE: Ice Cream and Lemonade
LOCATION: All of Pawtucket
PUBLIC LAUNDRY – NEW
New England Laundry Systems LLC d/b/a Bubble Wash, (Prev. Nou X. Her, Mai F. Her d/b/a Bubble Wash Laundromat) 472 Pawtucket Ave. LIC#A0077
Marlene Pierre d/b/a Star Cleaners Laundromat, (Prev. Robert A. Tice d/b/a Star Cleaners & Coin Laundry) 614 Central Ave. LIC#A0076
VICTUALLING HOUSE – First Class
Mark Greene d/b/a Ricotti’s Sandwich Shop, (Prev. Patricia Ferreira d/b/a Ricotti’s Sandwich Shop) 614 Central Ave. LIC#00771
VICTUALLING HOUSE – First Class NEW
One Stop Deli Market Inc., d/b/a One Stop Deli, 454 Pawtucket Ave. LIC#00772
WD Investment Enterprises, LLP, d/b/a Rita’s Water Ice, 275 Newport Ave. LIC#00774
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Wanda Soucy - $2787.32/$3344.77
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, Councilor Hodge introduces the following communication:
Communication from Thomas E. Hodge, Councilor-at-Large to Donald R. Grebien, President, Pawtucket City Council and Council Members, (Requesting the record of April 5, 2006, reflect his vote, due to his absence)
Upon motion made by Councilor Hodge, seconded by Councilor Wildenhain, the following communication is READ AND ORDERED FILED:
591 Communication from Thomas E. Hodge, Councilor-at-Large to Donald R. Grebien, President, Pawtucket City Council and Council Members, (Requesting the record of April 5, 2006, reflect his vote, due to his absence)
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, the following motion made by Councilor Hodge, seconded by Councilor Barry, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Mayor James E. Doyle, John E. Carney, Director of Public Works, Henry S. Kinch, Chair, Parks Commission and William Mulholland, Superintendent, Pawtucket Parks and Recreation requesting their opinion to name the Tot Lot playground, next to the Daggett Farm in Slater Park in memory of former Councilor-at-Large, J. Raymond Kinder.
Upon motion made by Councilor Wildenhain, seconded by Councilor Hodge the meeting is adjourned at 7:50 p.m. in memory of Al Cartier, who worked closely with city officials in his capacities of an employee of COX Communications and as a member of the Pawtucket Fireworks Committee.