March 8, 2006 - Regular City Council Session

 

City Council, March 8, 2006

 

A regular session of the Pawtucket City Council is held Wednesday, March 8, 2006, at 7:20 p.m. in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI. 

 

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

 

Absent – President Grebien, Councilor Wildenhain.

 

President Pro Tempore Moran presides.

 

The reading of the records of February 22, 2006, is dispensed with and the records are APPROVED as prepared by the Clerk.

 

Upon motion made by Councilor Hodge, seconded by Councilor Barry, 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, (Statements)

 

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

 

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

 

611      D.        Communication from Jeannine S. Bourski, Deputy Finance Director to Donald R. Grebien, President, Pawtucket City Council, (Uniform Overtime)

 

1          E.         Communication from John T. Holmes, Animal Control Supervisor, to the Pawtucket City Council, (Pawtucket Animal Control 2005 Annual Report)

 

028      F.         Communication from David Kaufer, Executive Director of Turning the Corner to Donald R. Grebien, President, Pawtucket City Council, (Program for Adolescent Boys in Pawtucket)

 

028      G.        Communication from John F. McBurney, III, Chief Judge to the City Clerk Office, (Reappointment of Donna M. Nesselbush as Associate Judge of the Municipal Court)

 

028      I.          Communication from John J. Trifero, Mayor of Newport, to the Pawtucket City Council, (Invitation to the 50th Annual St. Patrick’s Day Parade in Newport)

 

028      J.          Communication from Dana L. Toy, East Providence Town Clerk to Pawtucket City Council, (Resolution in Support of the U.S. Senate Bill 1479 and House Bill 3427 Concerning Lyme Disease)

 

613      K.        Communication from Margaret M. Lynch-Gadaleta, Esq., City Solicitor to Janice M. LaPorte, CMC, City Clerk, (15(M) of the Rules of the Pawtucket City Council).

 

126      L.         Communication from William Mulholland, Superintendent, Pawtucket Parks and Recreation to the Pawtucket City Council, (Census of Farm Animals at Daggett Farm)

 

028      M.        Communication from Daniel J. Meuse, Acting Deputy Secretary of State to the Pawtucket City Council, (Support of House Resolution 06R080 (06-H7249) entitled “House Resolution Requesting Rhode Island’s 39 Cities and Towns to Support a Nationwide Boycott on all Petroleum-Based Products from the Exxon Mobile Corporation”)

 

028      N.        Communication from Jeffrey Crawford, RI DEM, Office of Waste Management to the Pawtucket City Council, (Notification to Abutters Site Investigation, Proposed Hampton Inn Property, 45/55 Division Street)

 

614      O.        Communication from John E. Carney, Director of Public Works to the Pawtucket City Council, (McKinnon/Alves Soccer Complex - Cleanup Report)

 

592      P.         Communication from Susan Mara, Senior Planner, Department of Planning and Redevelopment to the Honorable City Council (Comprehensive Plan/Zoning Map Amendment, 448 Newport Avenue) is READ AND ORDERED FILED and REFERRED TO THE ORDINANCE COMMITTEE.

 

330      Q.        DRAFT – An Ordinance in Amendment of Section 260-14 of the Code of Ordinances of the City of Pawtucket, 1996, Regarding Entertainment Licenses is READ AND ORDERED FILED and REFERRED TO THE ORDINANCE COMMITTEE and THE LEGAL DEPARTMENT.

 

635 & 613       H.        Communication from Margaret M. Lynch-Gadaleta, Esq., City Solicitor to Donald R. Grebien, President, Pawtucket City Council, (Lease at 286 Main Street) is READ AND ORDERED FILED.

 

THE CHAIR RECOGNIZES COUNCILOR HODGE.

 

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

 

The Clerk is instructed to send a communication to John T. Gannon, Esq., regarding the lease agreement with the Pawtucket School Committee and Lantau Island, Inc. for the former registry building at 286 Main Street. The Council is requesting that he research the City Charter with regard to the specific authority of the School Committee to enter into a purchase agreement for any property in the City or elsewhere; and also; how the purchase price of $5,000,000.00 was determined.

 

A response is requested in time for the March 22, 2006, Council meeting.

 

Petition of Pawtucket Red Sox Baseball Club, Inc., for license to conduct Athletic Games (games or exhibitions of Baseball) in McCoy Stadium, Columbus Avenue, on the following Sundays: April 9, 23, May 14, 28, June 11, 25, July 2, 16, 30, August 6, 27, September 3, 10, 17, 24, 2006, LIC#0421M, which was advertised for a hearing at this time, is taken up:

 

There are no speakers.

 

The hearing is closed.

 

THE CHAIR RECOGNIZES COUNCILOR VITALI.

 

Upon motion made the Councilor Vitali, seconded by Councilor Hodge, the following license is APPROVED on a unanimous voice vote:

 

Petition of Pawtucket Red Sox Baseball Club, Inc., for license to conduct Athletic Games (games or exhibitions of Baseball) in McCoy Stadium, Columbus Avenue, on the following Sundays: April 9, 23, May 14, 28, June 11, 25, July 2, 16, 30, August 6, 27, September 3, 10, 17, 24, 2006, LIC#0421M.

 

The following license is withdrawn on unanimous voice vote:

 

VICTUALLING HOUSE (First Class) –

 

062      Middle Street LLC d/b/a Brago, (Transfer from Boson Associates Inc., d/b/a Macando)  242 Middle Street, LIC#00766

 

THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.

 

Upon motion made by Councilor Clemente, seconded by Councilor Barry the following license is removed from the Consent Agenda on unanimous voice vote:

ENTERTAINMENT –

Petition of Sacred Heart Church for a license to conduct a Holy Spirit Feast Festival at 38 Park Street on Friday, June 2, 2006, from 6:00 p.m. to 12:00 a.m., Saturday, June 3, 2006, from 6:00 p.m. to 12:00 a.m.; Sunday, June 4, 2006, from 4:00 p.m. to 11:00 p.m., LIC. #429M

 

Upon motion made by Council Clemente, seconded by Councilor Bray, the following license is AMENDED for the festival to conclude at 11:00 p.m. instead of 12:00 a.m., as follows:

 

Petition of Sacred Heart Church for a license to conduct a Holy Spirit Feast Festival at 38 Park Street on Friday, June 2, 2006, from 6:00 p.m. to 12:00 a.m., 11:00 p.m., Saturday, June 3, 2006, from 6:00 p.m. to 12:00 a.m.; 11:00 p.m.; Sunday, June 4, 2006, from 4:00 p.m. to 11:00 p.m., LIC. #429M

 

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

 

ENTERTAINMENT –

 

Petition of Pawtucket Red Sox Baseball Club, Inc. to conduct a Fireworks Display Illumination Show in McCoy Stadium, on April 22, May 28, July 2, 4, and September 1, 2006, from 9:00 p.m. until 11:00 p.m., LIC#0422M

 

PEDDLER – New

 

Luz M. Acosta, 31 Beecher Street, Pawtucket, RI, LIC#95

DRIVER: Luz M. Acosta, 31 Beecher Street, Pawtucket, RI

TO PEDDLE: Food (Hamburgers, hot dogs, etc)

LOCATION:  All of Pawtucket

 

HOLIDAY  LICENSES – New

 

Ace Beauty Supply of Rhode Island Inc., 50 Ann Mary St. LIC#20069

AM Donuts, Incorporated d/b/a Dunkin Donuts, 205 Dexter St. LIC#20032

Amerada Hess Corporation d/b/a Hess 39504, 250 Mineral Spring Ave. LIC#20042

Armando and Son’s Meat Market Inc., d/b/a Armando and Son’s Meat Market, 265 Pine St. LIC#20017

Apex At Home, LLC., 100 Main St. LIC#20021

BK House of Cigars, Inc., 530 Broadway, (Unit #4)  LIC#20039

Blackstone Donuts Incorporated d/b/a Dunkin Donuts, 109 East St. LIC#20033

Blackstone Donuts Incorporated d/b/a Dunkin Donuts, 421 Broadway, LIC#20034

Richard Byers d/b/a Dick's Sport & Hobby Shop, 460 Smithfield Ave. LIC#20061

Hawa Camara d/b/a Fanta’s Cosmetics and Beauty Supply, 618 Broadway, LIC#20014

Central Avenue Donuts Inc., d/b/a Dunkin Donuts, 1113 Central Ave. LIC#20054 

Colonial Mills Inc., d/b/a Rug Factory Store, 560 Mineral Spring Ave. LIC#20052

Cumberland Farms, Inc., d/b/a Cumberland Farms #1243, 698 Broadway, LIC#20076

Cumberland Farms, Inc., d/b/a Cumberland Farms #1265, 193 Division St. LIC#20077

Cumberland Farms, Inc., d/b/a Cumberland Farms #1232, 711 East Ave. LIC#20075

Cumberland Farms, Inc., d/b/a Cumberland Farms #1230, 54 Newport Ave. LIC#20074

Darlington Market Inc., d/b/a Darlington Market, 614 Central Ave. LIC#20056           

Dots, LLC, 693 Beverage Hill Ave. LIC#20031

Ghasan Eid d/b/a Town Mart, 885 Newport Ave. LIC#20046

J D Food Corporation d/b/a C-Town  Supermarket, 300 Barton St. LIC#20063

Juan A. Gonzalez d/b/a Gonzalez Grocery, 474 Weeden St. LIC#20008

Jose & Carmelo Main Street Market Inc., 901 Main St. LIC#20004

Hollywood Entertainment Corporation d/b/a Hollywood Video Game Crazy #039-117, 398 Cottage St. LIC#20045

Lorraine Fabrics Inc., 593 Mineral Spring Ave. LIC#20010

Maxi Drug South, L.P. d/b/a Brooks Pharmacy #68, 727 East Ave. LIC#20068

Maxi Drug South, L.P. d/b/a Brooks Pharmacy #31, 150 Mineral Spring Ave. LIC#20065

Maxi Drug South, L.P. d/b/a Brooks Pharmacy #24, 501 Smithfield Ave. LIC#20066

McCoy Market Inc., d/b/a McCoy Market, 171 South Bend St. LIC#20038

Mineral Enterprises, Inc., d/b/a Dunkin Donuts, 750 Mineral Spring Ave. LIC#20078

Kenneth C. Munschy d/b/a Li'l General Store, 556 Central Ave. LIC#20070

Newport Avenue Donut Inc., d/b/a Dunkin Donuts, 105 Cedar St. LIC#20073

Newport Division Donut Inc., 192 Division St. LIC#20072

Maria M. Neves d/b/a Lesoleil, 547 Armistice Blvd. LIC#20044

Gbodiallo Nohore d/b/a Ayoka, 593 Weeden St. (Unit #6) LIC#20064

Marques Enterprises Inc., d/b/a Lil' General Store, 600 Main St. LIC#20019

Northeast Management Inc., d/b/a Blockbuster Video, 295 Armistice Blvd. LIC#20036  (OPEN 10:00 AM TO 10:00 PM)

Northeast Management Inc., d/b/a Blockbuster Video, 753 Mineral Spring Ave. LIC#20037  (OPEN 10:00 AM TO 10:00 PM)

Pathik LLC d/b/a Gold Mart, 1531 Newport Ave. LIC#20016

Pawtucket CVS Inc., d/b/a CVS Pharmacy #1042, 835 Newport Ave. LIC#20029

Pawtucket Fish Market, Co., d/b/a Pawtucket Fish Market, 593 Weeden St. LIC#20040

Pawtucket Newport Neighborhood LLC d/b/a Stop N Save,  823 Newport Ave. LIC#20041

Pawtucket Plaza CVS, Inc., d/b/a CVS Pharmacy #670, 601 Smithfield Ave. LIC#20030

Jack B Pina d/b/a Ligafrica Music, 180 Mineral Spring Ave. LIC#20047

Prospect Minimarket Inc., d/b/a Prospect Mini Market,  620 Prospect St. LIC#20013

Providence Discount Store Inc., d/b/a 99 Cents Plus, 300 Barton St. (Unit #1) LIC#20043

Rhode Island #19 Inc., d/b/a Building #19 1/9, 645 Narragansett Park Dr. LIC#20028

RIPJ Management Inc., d/b/a Papa John’s, 295 Armistice Blvd. LIC#20058

RIPJ Management Inc., d/b/a Papa John’s, 379 Smithfield Ave. LIC#20057

R.J.W. Inc., d/b/a Dunkin Donuts Enterprises, 337 Armistice Blvd. LIC# 20012

Jonathan Rosario d/b/a D & J Fruit & Vegetables, 949 Main St. LIC#20003

RR Rondeau, Inc., d/b/a Woodlawn Mobil, 168 Lonsdale Ave. LIC#20071

Saad Food Mart Inc., 1414 Newport Ave. LIC #20006

Mohammad Sari d/b/a A & G Convenience & Deli, 248 West Ave. LIC#20005

Silver Mart Inc., d/b/a Silver Mart, 170 Cottage St. LIC#20035

Simpson's Pharmacy Inc., 10 Newport Ave. LIC#20055

Howell J. Smith Druggist, 749 Central Ave. LIC#20023

Super Cuts Inc. #9976, 681 Beverage Hill Ave. LIC#20027

Underground Heroes Inc., d/b/a Subway, 695 Beverage Hill Ave. LIC#20011

 

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

 

Dora Brand - $193.56

Nancy Connor - $798.30

Jasmein DelaZerda by Michael R. Lombardi, Esq. - $100,000.00

Betty Guarino - $250.00

Michael Mello - $10,000.00

 

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 – President Pro Tempore Moran, Councilors Barry, Bray, Carr, Clemente, Hodge, and Vitali.

 

NOES - 0.

 

Florine Daniels-Johnson by Amica Insurance - $4,722.94

 

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 Pro Tempore Moran, Councilors Barry, Bray, Carr, Clemente, Hodge, and Vitali.

 

NOES - 0.

 

Filomena Lambert - $741.88

 

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:

 

John Martinelli by Anthony Leone, Esq. – No Amount Specified

Richard Lynch by Martinous Law Associates – No Amount Specified

Michael Kean - $350.00

 

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS TAKEN UNDER ADVISEMENT AND REFERRED TO THE LEGAL DEPARTMENT ON A UNANIMOUS VOICE VOTE:

 

Nanci Ginish by Eric W. Nicastro, Esq. – No Amount Specified

 

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

 

Sandra Yeghian - $205.00

 

THE CHAIR RECOGNIZES COUNCILOR CARR.

 

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

Communication from Chad A. Readler, from Jones Day to Mayor James E. Doyle and the Honorable Donald R. Grebien, President, Pawtucket City Council, (Cigarette Advertsing).

Upon motion made by Councilor Carr, seconded by Councilor Hodge, the following communication is READ AND ORDERED FILED and REFERRED TO THE LEGAL DEPARTMENT.

 

028      Communication from Chad A. Readler, from Jones Day to the Honorable Donald R. Grebien, President, Pawtucket City Council, (Cigarette Advertsing).

 

THE CHAIR RECOGNIZES COUNCILOR HODGE.

 

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

 

The Clerk is instructed to send a communication to the City Property Committee requesting that the Property Committee consider naming the playground in Slater Park in memory of former Councilor-at-large, J. Raymond Kinder.

 

THE CHAIR RECOGNIZES COUNCILOR VITALI.

 

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

 

The Clerk is instructed to send a communication to James R. Capaldi, Director of the RI Department of Transportation concerning the hazardous condition of Newport Avenue particularly the portion of Newport Avenue between Beverage Hill Avenue up to the East Providence line and beyond.

 

A response is requested in time for the March 22, 2006, Council meeting.

 

THE CHAIR RECOGNIZES COUNCILOR BARRY.

 

Upon motion made by Councilor Barry, seconded by entire City Council, the meeting is adjourned at 7:35 p.m. in memory of J. Raymond Kinder former Councilor-at-large of the Pawtucket City Council from 1986 to 1995.

March 8, 2006 - Regular City Council Session
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