City Council, October 11, 2006
A regular session of the Pawtucket City Council is held Wednesday, October 11, 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, Moran, Vitali and Wildenhain.
Absent – Councilor Hodge
President Grebien presides.
The reading of the records of September 20, 2006, is dispensed with and the records are APPROVED as prepared by the Clerk.
Upon motion made by Councilor Moran, seconded by Councilor Barry, the *Consent Agenda is APPROVED, on a unanimous voice vote.
THE COUNCIL RECESSES AT 7:04 P.M. TO CONDUCT PUBLIC HEARINGS ON THE FOLLOWING:
AN ORDINANCE IN AMENDMENT OF CHAPTER 2373 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ALSO KNOWN AS CHAPTER 410 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET, RI, 1996 (CHANGE IN OFFICIAL ZONING MAP – Assessor’s Plat 44, Lots 583 & 596 and Plat 53, Lot 597 – 125 Goff Avenue – The Former Union Wadding)
AN ORDINANCE IN AMENDMENT OF CHAPTER 2703 OF THE ORDINANCES OF THE CITY OF PAWTUCKET, RHODE ISLAND, AMENDING THE 2003 COMPREHENSIVE PLAN. (60 Dexter Street, 140 Dexter Street, and 65 Goff Avenue)
THE COUNCIL RECONVENES AT 7:07 P.M.
*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 August 31, 2006) |
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| | B. Communication from Mayor James E. Doyle to the Honorable Members of the Pawtucket City Council, (Confirmation for the appointment of Albert J. Vitali, Jr., to the Riverfront Commission) |
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| | C. Communication from Dale S. Holberton, South Kingstown Town Clerk to Municipal Clerks, (Opposition to Question 1 – Constitutional Amendment, Casino Gambling and Resolution Concerning Insurance Companies Non-Renewal and Cancellation Polices based on Geographic Location of Properties) |
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| | D. Communication from Kathleen Viera Beaudoin, Portsmouth Town Clerk to Municipal Clerks, (Opposition to Question 1 – Constitutional Amendment, Casino Gambling) |
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| | E. Communication from Fiona Fitzpatrick, CMC, New Shoreham Town Clerk to Rhode Island City and Town Councils, (Opposition to Question 1 – Constitutional Amendment, Casino Gambling) |
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| | F. Communication from Jeannette Holloway, North Kingstown Acting Town Clerk to Town and City Clerks, (Opposition to the Expansion of Gambling and the Development of a Casino in West Warwick or Anywhere in Rhode Island) |
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| | G. Communication from Barbara L. Nash, CMC, Middletown Town Clerk to Municipal Clerks, (Opposition to Question 1 – Constitutional Amendment, Casino Gambling) |
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| | H. Communication from James Lynch, Sr. Chair, Rhode Island Ethics Commission, (Proposed Amendments to the Code of Ethics for Public Officials and Employees) |
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| | I. Communication from Frank J. Milos, Esq. Assistant City Solicitor to Donald R. Grebien, President, Pawtucket City Council, (City of Pawtucket, et al v. Pawtucket Transfer Operations, LLC) |
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| | J. Communication from Albert Iannotti, 2 Moschetti Court, West Warwick, RI to the Members of the Pawtucket City Council, (Renovating the Grounds at the School St. Pier) |
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| | K. Communication from Jeannine S. Bourski, Deputy Finance Director to Ronald L. Wunschel, Director of Finance, (Uniform Overtime FY07) |
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| | L. Communication from Rhode Island Clean Water Finance Agency to the City of Pawtucket, (Revolving Fund Program Project Payment Requisition Forms) |
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| | M. Communication from Ms. Karen Peltier, RI Department of Environmental Management, Office of Waste Management (FYI – Notification to Abutters Slater Screen Print and Slater Dye Works) |
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| | N. Communication from Stephen A. Ricci, City Engineer to John E. Carney, Director of Public Works, (Response – Daggett Avenue Drainage Improvement) |
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| | O. Communication from Major Arthur J. Martins to Janice M. LaPorte, CMC, City Clerk, (Response – Overnight Parking of Commercial Vehicles on Freight Street) |
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| | P. Communication from James DeCelles, Acting Chief Engineer to Janice M. LaPorte, CMC, City Clerk, (Response – Restoration of City Streets) |
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| | Q. Communication from George L. Kelley, III, Chief of Police to Janice M. LaPorte, CMC, City Clerk, (Response – Traffic Enforcement Studies Conducted – Norfolk Avenue and Monticello Road) |
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| | R. Communication from Michael D. Cassidy, Director, Planning & Redevelopment, to City of Pawtucket. (Planning Commission Public Hearing – Division Street Hotel LLC) |
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| | S. Communication from Mayor James E. Doyle to the Honorable Members of the Pawtucket City Council, Requesting a Change in the Policy for Music Events Licensed by the Council is READ AND ORDERED FILED and REFERRED TO THE ORDINANCE COMMITTEE |
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| | T. Communication from Donald R. Grebien, President, Pawtucket City Council to the Members of the City Council, (Ordinances Regarding Entertainment - Noise Levels) is READ AND ORDERED FILED and REFERRED TO THE ORDINANCE COMMITTEE. |
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| | U. Communication from John E. Carney, Director of Public Works to Janice M. LaPorte, CMC, City Clerk, (Response – Billboard – Cottage Street/George Bennett Industrial Highway) is READ AND ORDERED FILED and REFERRED TO THE CITY PROPERTY COMMITTEE |
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| | V. Communication from Dr. Hans W. Dellith, Superintendent of Schools to Donald R. Grebien, President, Pawtucket City Council, (Former School Administration Building at 79 ½ Park Place) is READ AND ORDERED FILED and REFERRED TO THE CITY PROPERTY COMMITTEE and CITY PLANNING COMMISSION |
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| | W. Communication from Mayor James E. Doyle to Donald R. Grebien, President, Pawtucket City Council, (Former School Administration Building at 79 ½ Park Place) is READ AND ORDERED FILED and REFERRED THE CITY PROPERTY COMMITTEE |
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| | X. Communication from Stephen A. Ricci, City Engineer to Donald R. Grebien, President, Pawtucket City Council, (Environmental Site Assessment Performed by GeoEnvironmental, Inc. – 286 Main Street – Report on File in the City Clerks Office) is READ AND ORDERED FILED and REFERRED TO THE CITY PROPERTY COMMITTEE. 1. Mark J. Burbelo, GZA Geoenvironental, Inc. 3. Introduction 4. Environmental FirstSearch Report 5. Photos |
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| | Y. Communication from David L. Quinn, II, Tax Assessor to Joseph Roque, Purchasing Agent, (Appraisal – 286 Main Street) is READ AND ORDERED FILED and REFERRED TO THE CITY PROPERTY COMMITTEE. |
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| | Z. Communication from David L. Quinn, II, Tax Assessor, to the Honorable City Council. (Tax Abatements - April, May and June, 2006) is READ AND ORDERED FILED. |
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| | AA. Resolution Authorizing The Abatement Of Taxes On Motor Vehicles, Real Estate And Tangible Personal Property For April, May and June, 2006 In The Sum Of $86,595.50 is LAID ON THE TABLE and REFERRED TO THE FINANCE COMMITTEE. |
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| | BB. Communication from Angel S. Garcia, Director of Personnel to the Honorable Members of the Pawtucket City Council, (Regarding Position of Project Supervisor – GIS Analyst) is READ AND ORDERED FILED and REFERRED TO THE FINANCE COMMITTEE. |
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| | CC. Communication from Michael E. Sendley to the Honorable City Council, Request to Abandon a Portion of Dunnell Lane East, Tax Assessor’s Plat 34, Lot 180, 50 Dunnell Lane – is READ AND ORDERED FILED and REFERRED TO THE CITY PROPERTY COMMITTEE, CITY PLANNING COMMISSION, LEGAL DEPARTMENT, DEPARTMENT OF PUBLIC WORKS, ENGINEERING DEPARTMENT, PAWTUCKET WATER SUPPLY BOARD, AND UTILITY COMPANIES. |
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| | DD. An Ordinance in Amendment of Chapter 388 of the Pawtucket Code of Ordinances, 1996, Entitled “Vehicles and Traffic.” (4 Way Stop Signs on York Avenue at Monticello Road/Vineyard Street) is LAID ON THE TABLE and REFERRED TO THE ORDINANCE COMMITTEE |
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 Riverfront Commission, FOR CONFIRMATION:
RIVERFRONT 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, Moran, Vitali and Wildenhain.
NOES - 0.
RIVERFRONT COMMISSION
Maia Small, 10 Exchange Court, Unit 406, Pawtucket, RI 02860. Term expires the first Monday in June, 2007. (To fill the unexpired term of Jeanne Zavada – resigned)
UPON RECOMMENDATION OF THE CITY PROPERTY COMMITTEE, THE FOLLOWING REQUEST IS DENIED ON A UNANIMOUS VOICE VOTE:
The following resolution is read and PASSED on a roll call vote as follows:
AYES – President Grebien, Councilors Barry, Bray, Carr, Clemente, 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, Clemente, Moran, Vitali and Wildenhain.
NOES - 0.
UPON RECOMMENDATION OF THE CITY PROPERTY COMMITTEE, THE FOLLOWING RESOLUTION IS READ AND PASSED ON A ROLL CALL VOTE AS FOLLOWS:
AYES – President Grebien, Councilors Barry, Carr, Clemente, Moran, Vitali and Wildenhain.
NOES - 0.
UPON RECOMMENDATION OF THE PARKS COMMISSION SUB COMMITTEE, THE FOLLOWING RESOLUTION IS READ AND PASSED ON A ROLL CALL VOTE AS FOLLOWS:
AYES – President Grebien, Councilors Barry, Bray, Carr, Clemente, 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, Clemente, 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, Clemente, Moran, Vitali and Wildenhain.
NOES - 0.
UPON RECOMMENDATION OF THE ANIMAL CONTROL 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, Moran, Vitali and Wildenhain.
NOES - 0.
AN ORDINANCE ESTABLISHING A VETERINARY CARE PRIVATE DONATIONS FUND
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 – President Grebien, Councilors Barry, Bray, Carr, Clemente, Moran, Vitali and Wildenhain.
NOES - 0.
AN ORDINANCE IN AMENDMENT OF CHAPTER 116-36 AND 116-37 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET 1996, ENTITLED “ANIMALS” – (Animal License Fees – Surcharge)
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 – President Grebien, Councilors Barry, Bray, Carr, Clemente, Moran, Vitali and Wildenhain.
NOES - 0.
AN ORDINANCE ESTABLISHING AN ANIMAL SPAY/NEUTER PUBLIC ASSISTANCE FUND.
THE CHAIR RECOGNIZES COUNCILOR VITALI.
With majority consent of the Council, the following motion made by Councilor Vitali, seconded by Councilor Wildenhain, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to William Mulholland, Superintendent, Pawtucket Parks & Recreation, regarding the scheduling of the boys and girls tennis teams at Slater Park for Tolman High School and Saint Raphael School. A response is requested in time for the October 25, 2006, Council meeting.
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 – President Grebien, Councilors Barry, Bray, Carr, Clemente, Moran, Vitali and Wildenhain.
NOES - 0.
AN ORDINANCE ESTABLISHING AN ANIMAL SPAY/NEUTER POUND FUND.
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 – President Grebien, Councilors Barry, Bray, Carr, Clemente, Moran, Vitali and Wildenhain.
NOES - 0.
AN ORDINANCE IN AMENDMENT OF CHAPTER 116 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ANIMALS” ESTABLISHING SPAY OR NEUTER REQUIREMENTS FOR CATS IN THE CITY OF PAWTUCKET.
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, Moran, Vitali and Wildenhain.
NOES - 0.
AN ORDINANCE IN AMENDMENT OF CHAPTER 2373 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ALSO KNOWN AS CHAPTER 410 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET, 1996 (CHANGE IN OFFICIAL ZONING MAP – Assessor’s Plat 44, Lots 583 & 596 and Plat 53, Lot 597 – 125 Goff Avenue – The Former Union Wadding)
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, Moran, Vitali and Wildenhain.
NOES - 0.
AN ORDINANCE IN AMENDMENT OF CHAPTER 2703 OF THE ORDINANCES OF THE CITY OF PAWTUCKET, RHODE ISLAND, AMENDING THE 2003 COMPREHENSIVE PLAN. (60 Dexter Street, 140 Dexter Street, and 65 Goff Avenue)
THE FOLLOWING APPLICATIONS FOR LICENSES WERE LAID ON THE TABLE AT THE MEETINGS HELD MAY 10, MAY 24, JUNE 7, JUNE 21, JULY 5, JULY 19, AUGUST 9, AUGUST 23, SEPTEMBER 6, SEPTEMBER 20, AND OCTOBER 11, 2006, AND IS AGAIN LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
AUTO REPAIR SHOP & SECOND HAND SHOP CLASS B (Parts Only)
*Lourenco DoCouto d/b/a Larry's Auto Repair, 519 Pawtucket Ave. LIC#30208 #40205
1. No painting or auto body work.
2. No parking on Glenwood Avenue.
3. All work shall be done in building.
4. No storage of junk cars or parts outside.
*THE FOLLOWING LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
ENTERTAINMENT –
Petition of All Children’s Theatre to conduct a Fund Raiser, at the Pawtucket Armory, 172 Exchange Street, on Monday, November 13, 2006, from 6:00 p.m. to 9:00 p.m., LIC#0509M
Petition of the Pawtucket Armory Association to conduct a Fundraiser at the Pawtucket Armory, 172 Exchange Street, on Saturday, October 28, 2006, from 7:00 p.m. to 11:00 p.m., LIC#0510M
Petition of St. Paul’s Church to conduct a Classical Music Concert, at 20 Park Place, on Saturday October 21, 2006, from 8:00 p.m. to 10:00 p.m., LIC#0508M
HOLIDAY LICENSE – New
Joao Alves Gomes d/b/a Ribatejo Fish Market, 167 Benefit St. LIC#20129
Les-Mes Fireplace & Patio Acc Ltd., d/b/a Les Mes Fireplace, 689 Beverage Hill Ave. LIC#20128
INTELLIGENCE OFFICE – Renewal
Labor Ready Northeast, Inc., d/b/a Labor Ready, 200 Main St. LIC#K0002
VICTUALLING HOUSE - 1ST Class
FSA ENTERPRISES INC. d/b/a Royal Fried Chicken (Johnny Chan d/b/a Dragon Garden Chinese Restaurant), 270 Dexter Street, LIC#00788
Ming Garden Inc. d/b/a Ming Garden Chinese Restaurant (Prev. New Hing Wong Restaurant Inc.) 295 Armistice Blvd., LIC#00786
Nashaat Moawde d/b/a/ Bills Pizza, (Prev. A.K. Chicken Inc. d/b/a/ Chicken Tower), 605 Smithfield Avenue, LIC#00787
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Bachini Bakery - $400.00
John Izurieta by Richard P. Brederson, Esq. – No Amount Specified
John O’Donnell - $90.00
Alicia Seymour - $426.70
Anna Torres and Rubiana Martinez (daughter) by Michael J. Farley, Esq. - $25,000
Johanny Urbaez by Michael J. Kiselica, Esq. - $100,000
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, Moran, Vitali and Wildenhain.
NOES - 0.
Scott Arnold - $75.00
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 Grebien, Councilors Barry, Bray, Carr, Clemente, Moran, Vitali and Wildenhain.
NOES - 0.
Alfred J. Labossiere, Jr. - $3,729.00
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 Grebien, Councilors Barry, Bray, Carr, Clemente, Moran, Vitali and Wildenhain.
NOES - 0.
Melissa Masuck - $4,846.14
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:
Ellen Brusard – by Attorney Frank R. Saia, J. D. - $30,000.00
Jason Dias by Richard P. Brederson, Esq. – No Amount Specified
Jason Goncalves (Estate of) by Jeffrey Sowa, Esq. - $3,000,000.00
Maria Martins by Dennis H. Ricci, 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 PAWTUCKET WATER SUPPLY BOARD ON A UNANIMOUS VOICE VOTE:
Andreia Tenreiro - $918.32
William Vieira - $111.02
Elizabeth L. Mario - $230.12
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS DENIED AND REFERRED TO THE PAWTUCKET HOUSING AUTHORITY ON A UNANIMOUS VOICE VOTE:
Eduardo Martinez by Joseph E. Marran - No Amount Specified
Upon motion made by Councilor Moran, seconded by Councilor Vitali, the meeting is adjourned at 7:44 p.m.