City Council, December 6, 2006
A regular session of the Pawtucket City Council is held Wednesday, December 6, 2006, at 7:00 p.m. in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – President Grebien, Councilors Barry, Bray, Carr, Clemente, Hodge, Moran, and Vitali.
Absent – Councilor Wildenhain.
President Grebien presides.
The reading of the records of November 21, 2006, is dispensed with and the records are APPROVED as prepared by the Clerk.
Upon motion made by Councilor Moran, seconded by Councilor Hodge, the *Consent Agenda is APPROVED, on a unanimous voice vote.
*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:
| | A. 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, 2006 through October 31, 2006) |
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| | B. Communication from Rhode Island Clean Water Finance Agency to the City of Pawtucket, (Revolving Fund Program Project Payment Requisition Form) |
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| | C. Communication from Richard C. Davis, Executive Director, Pawtucket Foundation and Daniel J. Sullivan, Co-Chairman, Pawtucket Fountain to Tom Ryan, President & Chief Executive Officer, CVS Corporation, (Train Station Development) |
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| | D. Communication from David Wilcock, Project Manager, Transportation Land Development Environmental Services to Donald R. Grebien, President, Pawtucket City Council, (Invitation to the Stakeholder Committee Meeting on December 4, 2006) |
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| | E. Communication from Ronald F. Travers, Director of Zoning & Code Enforcement to Donald R. Grebien, President, Pawtucket City Council, (Vacant Property Housing Report) |
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| | F. Communication from Richard Goldstein, Government Affairs to the Honorable Members of the Pawtucket City Council, (REAP Savings Report) |
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| | G. Communication from Anna M. Stetson, Providence City Clerk to the Pawtucket City Council, (Resolution Requesting the Rhode Island General Assembly to Repeal State Special Education Law Deemed More Restrictive than Federal Legislation) |
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| | H. Communication from Angel S. Garcia, Director of Personnel to Members of the City Council, (Police Recruitment) |
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| | I. Communication from David M. Pasquariello, Ph.D. Mentor, Tolman Robotics Team, to the Pawtucket City Council, (Seeking Finance Resource for Tolman FIRST Robotics Team) is READ AND ORDERED FILED and REFERRED TO THE SUBSTANCE ABUSE PREVENTION DARE FUND |
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| | J. Communication from George L. Kelley, III, Chief of Police to the Honorable Members of the City Council Ordinance Committee, (Speed Bumps/Humps) is READ AND ORDERED FILED and REFERRED TO THE ORDINANCE COMMITTEE. |
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| | K. Communication from William T. Carline III, Esq., Representing Francisco Jaramillo, Franco A. Ciro and Jon R. Schmidt to Janice M. LaPorte, CMC, City Clerk, (Requesting a Gift of Land or an Easement for a Portion of City-Owned Land on the Right of Way Known as Willow Avenue) is READ AND ORDERED FILED and REFERRED TO THE CITY PROPERTY COMMITTEE. |
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| | L. Communication from Ronald L. Wunschel, Director of Finance to the Pawtucket City Council, (Selection for Actuarial Services in connection with Government Accounting Standards Board (GASB) Ruling 43/45) is READ AND ORDERED FILED and REFERRED TO THE FINANCE COMMITTEE. |
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THE COUNCIL RECESSES AT 7:10 P.M. TO CONDUCT PUBLIC HEARING ON THE FOLLOWING:
AN ORDINANCE IN AMENDMENT OF CHAPTERS 1810, 1845, 1853, 1899, 1933, 2007, 2037, 2114, 2262, 2496, 2511 AND 2547 OF THE ORDINANCES OF THE CITY OF PAWTUCKET, APPROVING AMENDMENT NO. 14 TO THE REDEVELOPMENT PLAN FOR THE COMMUNITY DEVELOPMENT PROGRAM, AMENDING SAID PLAN BY ADDING THERETO PROVISIONS FOR COMMUNITY DEVELOPMENT AREA FOR PROJECT NO. P-CDA-XXIX (SEE EXHIBIT A)
THE COUNCIL RECONVENES AT 9:55 P.M.
THE FOLLOWING ORDINANCE IS TAKEN UP:
AN ORDINANCE IN AMENDMENT OF CHAPTERS 1810, 1845, 1853, 1899, 1933, 2007, 2037, 2114, 2262, 2496, 2511 AND 2547 OF THE ORDINANCES OF THE CITY OF PAWTUCKET, APPROVING AMENDMENT NO. 14 TO THE REDEVELOPMENT PLAN FOR THE COMMUNITY DEVELOPMENT PROGRAM, AMENDING SAID PLAN BY ADDING THERETO PROVISIONS FOR COMMUNITY DEVELOPMENT AREA FOR PROJECT NO. P-CDA-XXIX (SEE EXHIBIT A)
THE CHAIR RECOGNIZES COUNCILOR BARRY.
Upon motion made by Councilor Barry, seconded by Councilor Bray, to lay this ordinance on the table, is NOT PASSED on roll call vote as follows:
AYES – Councilors Barry, Bray, Hodge and Moran.
NOES - President Grebien, Councilors Carr, Clemente and Vitali.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
UPON MOTION MADE BY COUNCILOR HODGE, SECONDED BY COUNCILOR BARRY THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME AND NOT PASSED ON A ROLL CALL VOTE AS FOLLOWS:
AYES – Councilors Barry, Bray, Hodge, and Moran.
NOES - President Grebien, Councilors Carr, and Clemente.
ABSTAIN – Councilor Vitali.
THE CHAIR RECOGNIZES COUNCILOR BRAY.
With majority consent of the Council, Councilor Bray introduces the following communication:
Communication from Thomas V. Moses, Moses, Afonso, Jackvony, Counselors at Law to Councilwoman Mary E. Bray, (Pawtucket/Central Falls Train Station)
Upon motion made by Councilor Bray, seconded by Councilor Barry, the following communication is READ AND ORDERED FILED:
THE CHAIR RECOGNIZES COUNCILOR BRAY.
With majority consent of the Council, Councilor Bray introduces the following communication:
Communication from Rhode Island Ethics Commission to Mary E. Bray, (Advisory Opinion No. 2005-38)
Upon motion made by Councilor Bray, seconded by Council Barry, the following communication is READ AND ORDERED FILED:
THE CHAIR RECOGNIZES COUNCILOR CARR.
With majority consent of the Council, Councilor Carr introduces the following communications:
Various letters and e-mails regarding the Pawtucket/Central Falls Train Station to Pawtucket City Council.
Upon motion made by Councilor Carr, seconded by Councilor Hodge, the following communications are READ AND ORDERED FILED:
THE CHAIR RECOGNIZES COUNCILOR BRAY.
With majority consent of the Council, Councilor Bray introduces the following communication:
Communication from Joseph Tomchak, Site Director, Goff Community School to Donald R. Grebien, President, Pawtucket City Council, (Workshop Programs Offering Substance Abuse Prevention)
Upon motion made by Councilor Bray, seconded by Councilor Barry, the following communication is READ AND ORDERED FILED and REFERRED TO THE AD HOC SUBSTANCE ABUSE PREVENTION/DARE FUND COMMITTEE.
Communication from Joseph Tomchak, Site Director, Goff Community School to Donald R. Grebien, President, Pawtucket City Council, (Workshop Programs Offering Substance Abuse Prevention)
Petition for a Second Hand Shop License (Class C – Used Miscellaneous Merchandise) by McCarten Violins LLC, 1005 Main Street, Tax Assessors Plat 62, Lot 305, to keep a shop for the purpose of selling second hand articles, specifically, used musical instruments, LIC#40344, which was advertised for a hearing at this time, is taken up:
Speaking in favor is Dennis McCarten, 83 Stanton Avenue, Narragansett, RI.
Mr. McCarten states that he is selling antique violins and the bulk of inventory will be new musical instruments, but he will take trade-ins to sell.
His hours of operation will be Noon to 7:00 p.m., and there are no employees at this time, only him self.
There are no other speakers.
The Hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR BRAY.
Upon motion made by Councilor Bray, seconded by Councilor Barry, the following license is APPROVED on a unanimous voice vote:
Petition for a Second Hand Shop License (Class C – Used Miscellaneous Merchandise) by McCarten Violins LLC, 1005 Main Street, Tax Assessors Plat 62, Lot 305, to keep a shop for the purpose of selling second hand articles, specifically, used musical instruments, LIC#40344.
Communication from His Honor, Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council, submitting the following reappointment as a member of the Purchasing Board, FOR CONFIRMATION:
PURCHASING BOARD
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, and Vitali.
NOES - 0.
Catherine E. Childs, 35 Laurel Street, Pawtucket, RI 02860. Term expires the first Monday in January, 2010.
Communication from His Honor, Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council, submitting the following reappointment as a member of the Public Library Trustees, FOR CONFIRMATION:
PUBLIC LIBRARY TRUSTEES
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, and Vitali.
NOES - 0.
Rev. Edward G. St. Goddard, 99 Clyde Street, Pawtucket, RI 02860. Term expires the first Monday in January, 2010.
Communication from His Honor, Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council, submitting the following reappointment as a member of the Public Library Trustees, FOR CONFIRMATION:
PUBLIC LIBRARY TRUSTEES
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, and Vitali.
NOES - 0.
Mary Ellen Siniak, 188 Rhode Island Avenue, Pawtucket, RI 02860. Term expires the first Monday in January, 2010.
Communication from His Honor, Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council, submitting the following reappointment as a member of the Personnel Board, FOR CONFIRMATION:
PERSONNEL BOARD
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, and Vitali.
NOES - 0.
Edward A. Roderick, 112 Oakdale Avenue, Pawtucket, RI 02860. Term expires the first Monday in January, 2012.
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 James R. Capaldi, PE, Director of RI Department of Transportation requesting a status report regarding the left turn delayed signal at the intersection of Newport Avenue and Central Avenue.
Councilor Hodge further requests the feasibility of installing a left turn delay signal on Armistice Blvd. at the corner of Newport Avenue.
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, requesting that she research and advise the Council with regard to the Charter Amendment approved by the voters dealing with the members of Boards and Commissions.
Communication from His Honor, Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council, submitting the following reappointment as a member of the City Planning Commission, FOR CONFIRMATION:
CITY PLANNING COMMISSION
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, and Vitali.
NOES - 0.
Antero L. Martins, 54 Ferncrest Drive, Pawtucket, RI 02861. Term expires the first Monday in January, 2012.
COUNCILOR BRAY LEAVES THE CHAMBERS AT 10:25 P.M.
Communication from His Honor, Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council, submitting the following reappointment as a member of the Board of Appeals, FOR CONFIRMATION:
BOARDS OF APPEALS
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, Carr, Clemente, Hodge, Moran, and Vitali.
NOES - 0.
Raymond M. Gannon, 133 Chaplin Street, Pawtucket, RI 02861. Term expires the first Monday in January, 2012.
The following ordinance is read for the second time and PASSED on a roll call vote as follows:
AYES – President Grebien, Councilors Barry, Carr, Clemente, Hodge, Moran, and Vitali.
NOES - 0.
COUNCILOR BRAY RETURNS TO THE CHAMBERS AT 10:27 P.M.
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, and Vitali.
NOES - 0.
AN ORDINANCE IN AMENDMENT OF CHAPTER 59 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “PENSIONS” (POLICE AND FIREFIGHTERS)
THE CHAIR RECOGNIZES COUNCILOR Moran.
Upon motion made by Councilor Moran, seconded by Councilor Hodge, the stipulation allowing Shannon’s Restaurant, 737 Broadway to remain open until 4:00 a.m., Thursdays, Fridays and Saturdays is removed. The closing hour is 2:00 a.m., 7 days a week.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, the following motion made by Councilor Moran, seconded by Councilor Hodge, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Major Arthur Martins, Police Department Headquarters, informing him of the change in the closing time for Shannon’s Restaurant, 737 Broadway, to 2:00 a.m. seven days per week. There will be no 4:00 a.m. closing on Thursday, Fridays, and Saturdays, effective immediately. The Council further requests a status report of any activity at this location for the period beginning November, 2006 thru April 1, 2007.
THE CHAIR RECOGNIZES COUNCILOR BARRY.
With majority consent of the Council, the following motion made by Councilor Barry, seconded by the entire City Council, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Angel S. Garcia, Director of Personnel and George L. Kelley, III, Chief of Police, regarding the Police Recruitment process. The Council is concerned that the hours available do not accommodate people working during those hours and is requesting if arrangements could be made to extend the hours. A response is requested in time for the next City Council meeting.
THE CHAIR RECOGNIZES COUNCILOR VITALI.
With majority consent of the Council, the following motion made by Councilor Vitali, seconded by Councilor Moran, 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 as to whether an ordinance or a policy could be adopted requiring voters to provide positive identification at the polling locations when signing in to obtain their ballot. A response is requested in time for the December 14, 2006, Council meeting.
THE CHAIR RECOGNIZES COUNCILOR VITALI.
With majority consent of the Council, the following motion made by Councilor Vitali, seconded by Councilor Moran, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a follow-up communication to Margaret M. Lynch-Gadaleta, Esq., City Solicitor requesting a draft ordinance that would require the Pawtucket Redevelopment Agency to submit properties that are listed for possible eminent domain one at a time, as the Council would like to vote on these properties separately.
*THE FOLLOWING LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
HOLIDAY LICENSE – New
Rabia Inc., d/b/a Pawtucket Food Mart, 755 Mineral Spring Ave. LIC#20132
PEDDLER - Renewal
Alaa Hussein, 407 Pleasant Street, LIC#97
| DRIVER: | Alaa Hussein, 407 Pleasant St., Pawtucket RI 02860 |
| TO PEDDLE: | Shoes and Linen |
| LOCATION: | 234 Barton Street, Pawtucket, RI |
VICTUALLING HOUSE First Class - New
Breakfast Depot LLC., 200 Mineral Spring Ave. LIC#00792
VICTUALLING HOUSE - First Class - Renewals
Archie's Pizza Restaurant Inc., 1479 Newport Ave. LIC#00009
Sherrill Barrette d/b/a Kyle's Kitchen, 712 Broadway, LIC#00389
Guo Deng Cheng d/b/a Great China, 560 Broadway LIC#00505
Davco Management Inc., d/b/a Quiznos Sub, 448 Newport Ave. LIC#00739
*Delops Inc. d/b/a/ D’Angelo’s/Pizza Hut, 214 Broadway LIC#00353
Forcier’s Market Inc., d/b/a Forcier’s Market, 737 Main St. LIC#00775
Chun Ying Goo d/b/a Li Lai Restaurant, 615 Central Ave. LIC#00468
Mohammed M Islam d/b/a M & M Market, 364 Benefit St. LIC#00782
Maciel Donuts, LLC d/b/a Honey Dew Donuts, 1515 Newport Ave. LIC#00659
Newport Avenue Donut Inc., 192 Division St. LIC#00495
Newport Ave Pizzaria Co., d/b/a Newport Avenue Pizza, 1100 Newport Ave. LIC#00697
One Stop Deli Market Inc. 454 Pawtucket Ave., LIC#00772
Andrzej Pliszka d/b/a Italian Kitchen, 49 Exchange St. LIC#00696
Rean Associates Inc. d/b/a/ Jac’s Wraps, 385 East Ave., LIC#00733
Leo & Isabel Ribeiro d/b/a Azores Live Seafood, 490 Lonsdale Ave. LIC#00756
Teresa Pizza, Inc. d/b/a/ Track Side Pizzeria, 11 Benefit St., LIC#00737
The Stop & Shop Supermarket Company, 675 Beverage Hill Ave., LIC#00185
Thrifty Store Inc. d/b/a J and L Superstores, 562 Broadway, LIC#00340
Wendy’s International Inc., d/b/a Wendy’s Restaurant, 368 Cottage St. LIC#00750
*Councilor Hodge abstains based on his statement that the business is in building that he has a financial interest in.
VICTUALLING HOUSE – Second Class - Renewals
Packaging Graphics Corporation, 60 Delta Drive, LIC#00528
TATTOO PARLOR - Renewal
The Edge Beauty Shop III, LLC, 1518 Newport Avenue, LIC#T0001
Regina Stabinsch d/b/a Body Vogue, 818 Newport Ave. LIC#T0003
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Jean Kennedy by Commerce Insurance - $2,981.86
Robert Lucini by John S. Coughlin, Esq. – No Amount Specified
Robert Wentzell - $28.11
Edvin Zambrano by Vincent DeCesare, Esq. – 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 Grebien, Councilors Barry, Bray, Carr, Clemente, Hodge, Moran, and Vitali.
NOES - 0.
Kerri Spaziano - $1033.18
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, and Vitali.
NOES – 0
Darlene Lange Blais - $250.57
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, and Vitali.
NOES – 0
Chauncey Lechy - $300.00
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:
Emily Lucini by John S. Coughlin, Esq. - $100,000.00
Sandra Riveros by Travelers Insurance - $8,156.77
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS DENIED ON A UNANIMOUS VOICE VOTE:
Peter Dooley - $144.00
Upon motion made by Councilor Moran, seconded by Councilor Hodge, the meeting is adjourned at 10:35 p.m.