December 14, 2006 - Regular City Council Session

 

City Council, December 14, 2006

 

A regular session of the Pawtucket City Council is held Thursday, December 14, 2006, at 5:41 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 December 6, 2006, is dispensed with and the records are APPROVED as prepared by the Clerk.

 

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

 

*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:

 

7

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

 

 

7

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

 

 

611

C.       Communication from Jeannine S. Bourski, Deputy Finance Director to Ronald L. Wunschel, Director of Finance, (Uniform Overtime FY07)

 

 

028

D.       Communication from Henry S. Kinch, Deputy General Manager, RIPTA to Janice M. LaPorte, CMC, City Clerk, (Response – RIPTA Bus Layover Point in Front of 739 Benefit Street in Pawtucket)

 

 

028

E.        Communication from James Lynch, Sr. Rhode Island Ethics Commission, (Public Hearing Notice)

 

 

** 028

F.        Communication from Victor Avelar, 365 Smithfield Avenue, Pawtucket, RI to Mayor James E. Doyle, (Sanitation Department)

 

 

028

G.       Communication from Charlotte Tavares, Chairperson, Board of Canvassers to Thomas V. Iannitti, Acting Chairman, RI Board of Elections, (Voting AutoMark Failor)

 

 

647

H.       Communication from Donald R. Grebien, President, Pawtucket City Council to Margaret M. Lynch-Gadaleta, Esq., City Solicitor, (Conflict of Interest – Train Station Vote)

 

 

 

**TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY, NO OTHER ACTION TAKEN.

 

THE CHAIR RECOGNIZES COUNCILOR VITALI.

 

With majority consent of the Council, Councilor Vitali introduces the following communication:

 

Communication from Margaret M. Lynch-Gadaleta, Esq., City Solicitor to Michael D. Cassidy, Director of Planning and Redevelopment, (Eminent Domain Properties Individual Consideration)

 

Upon motion made by Councilor Vitali, seconded by Councilor Hodge, the following communication is READ AND ORDERED FILED:

 

613      Communication from Margaret M. Lynch-Gadaleta, Esq., City Solicitor to Michael D. Cassidy, Director of Planning and Redevelopment, (Eminent Domain Properties Individual Consideration)

 

THE CHAIR RECOGNIZES COUNCILOR VITALI.

 

With majority consent of the Council, Councilor Vitali introduces the following communication:

 

Communication from Margaret M. Lynch-Gadaleta, Esq., City Solicitor to Janice M. LaPorte, CMC, City Clerk, (Positive ID at Polling Places)

 

Upon motion made by Councilor Vitali, seconded by Councilor Hodge, the following communication is READ AND ORDERED FILED:

 

613      Communication from Margaret M. Lynch-Gadaleta, Esq., City Solicitor to Janice M. LaPorte, CMC, City Clerk, (Positive ID at Polling Places)

 

609      Communication from Michael Yarbrough, Supervisor, Engineering Support, National Grid to Janice M. LaPorte, CMC, City Clerk, (Petition of National Grid Electric Company and Verizon Covering Joint Pole Location on Fuller St.) is READ AND ORDERED FILED and APPROVED PENDING THE APPROVAL OF THE DIRECTOR OF ZONING AND CODE ENFORCEMENT

 

619      *Councilor Bray abstains based on her statement that both National Grid and Verizon are utilities regulated by RIPUC to which she is employed.

 

THE CHAIR RECOGNIZES COUNCILOR CARR.

 

With majority consent of the Council, Councilor Carr introduces the following communication.

 

Communication from Margaret M. Lynch-Gadaleta, Esq., City Solicitor  to Donald R. Grebien, President, Pawtucket City Council, (Ethics Commission – No Opinion on Council Voting)

 

Upon motion made by Councilor Carr, seconded by Councilor Clemente, the following communication is READ AND ORDERED FILED:

 

613      Communication from Margaret M. Lynch-Gadaleta, Esq., City Solicitor  to Donald R. Grebien, President, Pawtucket City Council, (Ethics Commission – No Opinion on Council Voting)

 

UPON RECOMMENDATION OF THE CITY PROPERTY COMMITTEE, THE FOLLOWING REQUEST IS DENIED ON A UNANIMOUS VOICE VOTE:

 

028      Communication from Claudette Peden, Consultant, T-Mobile to Harvey E. Goulet, Jr., Director of Administration, (Omnipoint Proposal - near fire station at 385 Newport Avenue)

 

UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING REQUEST IS APPROVED ON A ROLL CALL VOTE AS FOLLOWS:

 

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

 

NOES - 0.

 

623      Communication from Angel S. Garcia, Director of Personnel to the Honorable Members of the Pawtucket City Council, (Regarding Position of Project Supervisor - GIS Analyst)

 

3          Communication from Ronald L. Wunschel, Director of Finance to the Pawtucket City Council, (286 Main Street/School Lease) is READ AND ORDERED FILED.

 

THE FOLLOWING ITEM RETURNED BY THE CITY PROPERTY COMMITTEE IS TAKEN UP:

 

DOES THE CITY COUNCIL WISH TO CONTINUE WITH THE CURRENT LEASE AGREEMENT FOR THE FORMER REGISTRY BUILDING AT 286 MAIN STREET FOR USE BY THE PAWTUCKET SCHOOL DEPARTMENT WHICH WILL INCLUDE A $500,000 PENALTY AT THE END OF FIVE YEARS.

 

THE CHAIR RECOGNIZES COUNCILOR CARR.

 

Upon motion made by Council Carr, seconded by Councilor Barry, this question is stricken from the docket on a unanimous voice vote.

 

THE FOLLOWING ITEM RETURNED BY THE CITY PROPERTY COMMITTEE IS TAKEN UP:

 

DOES THE CITY COUNCIL WISH TO NEGOTIATE THE PURCHASE OF THE FORMER REGISTRY BUILDING AT 286 MAIN STREET FOR USE BY THE PAWTUCKET SCHOOL DEPARTMENT.

 

Upon motion made by Councilor Clemente, seconded by Councilor Vitali, the following question is NOT PASSED on a roll call vote, as follows:

 

AYES – President Grebien, Councilors Clemente, Moran, and Vitali.

 

NOES - Councilors Barry, Bray, Carr, and Hodge.

 

DOES THE CITY COUNCIL WISH TO NEGOTIATE THE PURCHASE OF THE FORMER REGISTRY BUILDING AT 286 MAIN STREET FOR USE BY THE PAWTUCKET SCHOOL DEPARTMENT.

 

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

 

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

 

NOES - 0.

 

588 & 017       RESOLUTION SELECTING PARMELEE, POIRIER, & ASSOCIATES, LLP, TO PREPARE THE AUDIT FOR THE CITY OF PAWTUCKET FOR FISCAL YEARS 2007, 2008, 2009, IN THE TOTAL AMOUNT OF $152,700 AND TO PREPARE THE AUDIT FOR THE PAWTUCKET WATER SUPPLY BOARD FOR FISCAL YEARS 2007, 2008, AND 2009, IN THE TOTAL AMOUNT OF $33,600, SUBJECT TO THE APPROVAL OF THE RHODE ISLAND AUDITOR GENERAL.

 

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, and Vitali.

 

NOES - 0.

 

588      RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ENTER INTO A CONTRACT FOR A TWO YEAR MASTER LEASE PURCHASE PROGRAM WITH BANC OF AMERICA LEASING CAPITAL, LLC

 

THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.

 

With majority consent of the Council, Councilor Clemente introduces the following communication:

 

Communication from Timothy P. McLaughlin, Fire Chief to the Honorable City Council, (Requesting Approval for Lease Purchase Funds – Fire Department)

 

Upon motion made by Councilor Clemente, seconded by Councilor Vitali, the following communication is READ AND ORDERED FILED:

 

2          Communication from Timothy P. McLaughlin, Fire Chief to the Honorable City Council, (Requesting Approval for Lease Purchase Funds – Fire Department)

 

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, and Vitali.

 

NOES - 0

 

588      RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF AN EQUIPMENT LEASE/PURCHASE AGREEMENT, AND RELATED INSTRUMENTS, FUNDING OF THE FY2007 LEASE PURCHASE EQUIPMENT LIST PLUS RELATED EXPENSES, AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH.

 

THE CHAIR RECOGNIZES COUNCILOR BARRY.

 

With majority consent of the Council, Councilor Barry introduces the following communication:

 

Communication from Angel S. Garcia, Director of Personnel to Janice M. LaPorte, CMC, City Clerk, (Response – Police Recruitment Process)

 

Upon motion made by Councilor Barry, seconded by Councilor Bray, the following communication is READ AND ORDERED FILED:

 

623      Communication from Angel S. Garcia, Director of Personnel to Janice M. LaPorte, CMC, City Clerk, (Response – Police Recruitment Process)

 

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, and Vitali.

 

NOES - 0.

 

330      AN ORDINANCE IN AMENDMENT OF CHAPTER 59 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “PENSIONS” (POLICE AND FIREFIGHTERS)

 

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.

 

330      AN ORDINANCE IN AMENDMENT OF CHAPTER 2815 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR LOCAL 3960 (Professional/Technical Union - Code Enforcement Officer)

 

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

 

PAWN BROKER Renewal –

 

Fastcash Pawn & Checkcashers, Incorporated, 824 Newport Avenue, LIC#L0004

 

PEDDLER Renewal –

 

Norman E. Benoit Jr., d/b/a Norm Catering, 15 Surrey Drive, Johnston, RI, LIC#16

TO PEDDLE:

Food

DRIVER:

Norman E. Benoit Jr., 15 Surrey Drive, Johnston, RI

LOCATION:

All Streets in Pawtucket

 

Celestino V. Couto, 274 California Avenue, Providence, RI, LIC#61

TO PEDDLE:

Seafood

DRIVER:

Celestino V. Couto, 274 California Avenue, Providence, RI

LOCATION:

All Streets in Pawtucket

 

Joao C. Soares, 162 Ohio Avenue, Providence, RI, LIC# 2

DRIVER:

Joao C. Soares, 162 Ohio Avenue, Providence, RI

TO PEDDLE:

Fish & Seafood

LOCATION:

Weeden & Conant Streets

 

VICTUALLING HOUSE – First Class – RENEWALS

 

Desano Refreshments Inc., d/b/a Pawtucket Del’s, 446 Central Ave. LIC#00565

Ghasan Eid d/b/a Town Mart, 885 Newport Ave. LIC#00320

KMN LLC  d/b/a Papa John’s, 379 Smithfield Ave., LIC#00602

KMN LLC d/b/a Papa John’s, 295 Armistice Blvd., LIC#00603

M.J. Restaurant Inc., d/b/a The New Times Square Restaurant, 3 Exchange St. LIC#00123

Wendy’s International Inc., d/b/a Wendy’s, 120 Broad St. LIC#00549

 

VICTUALLING HOUSE – First Class

 

He Chen d/b/a Great Taste Chinese Take Out, (transfer from Best Taste Chinese Restaurant LLC d/b/a Great Taste) 856 Newport Ave. LIC#00793

 

*THE FOLLOWING BOND IS APPROVED, SURETY NAMED IS ACCEPTED:

 

Fastcash Pawn & Checkcashers, Inc., Surety – Western Surety Company

 

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

 

Linda Bowab by Thomas D. Goldberg, Esq. - $75,000.00

 

THE CHAIR RECOGNIZES COUNCILOR CARR.

 

With majority consent of the Council, the following motion made by Councilor Carr on behalf of Council President Grebien, seconded by Councilor Barry, is PASSED on a unanimous voice vote:

 

The Clerk is instructed to send a communication to Al Moscola, General Manager, Rhode Island Public Transit Authority requesting a response to a communication sent to him on November 30, 2006, from President Grebien regarding two separate issues involving RIPTA buses. One was on Courtney Avenue being used as a cut-through street for the Stop & Shop Plaza on Newport Avenue in Pawtucket; the second concern involved buses idling on Exchange Street, in the vicinity of Fogarty Housing, at the beginning and end of shifts at approximately 4:00 a.m. and 8:00 p.m. A response is requested in time for the January 10, 2006, council meeting.

 

Upon motion made by Councilor Moran, seconded by Councilor Hodge, the meeting is adjourned at 6:55 p.m.

December 14, 2006 - Regular City Council Session
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