October 24, 2007 - Regular City Council Session

 

City Council, October 24, 2007

 

A regular session of the Pawtucket City Council is held Wednesday, October 24, 2007, at 7:46 p.m. in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI. 

 

Present – Councilors Barry, Carr, Chadwick, Grebien, Hodge, Kinch, Moran and Wildenhain.

 

Absent – President Bray.

 

President Pro-Tempore Hodge presides.

 

The reading of the records of October 10, 2007 is dispensed with and the records are APPROVED as prepared by the Clerk.

 

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

 

*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:

 

028

A.     Communication from Richard J. Goldstein, City Clerk to the Honorable Members of the Pawtucket City Council (REAP Savings Report)

 

 

061

B.     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, 2007 through September 30, 2007) Copy on file in the City Clerk’s Office.

 

 

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

 

 

7

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

 

 

7

E.      Communication from Rhode Island Clean Water Finance Agency to the City of Pawtucket, (Project Payment Requisition Form)

 

 

028

F.      Communication from Kathleen M. Silvia, Newport City Clerk, to the Honorable City Council (Resolution Opposing the Expansion of Gambling Hours of Operation and the Introduction of New Forms of Gambling at the Newport Grand Facility)

 

 

028

G.     Communication from the North Kingstown Coastal Preservation Association to Rhode Island Council Presidents (Jamestown-Verrazzano Bridge Potential Hazard)

 

 

611

H.     Communication from Ronald L. Wunschel, Director of Finance, to the Pawtucket City Council (Response – Increase Overnight Shift of Police)

 

 

616

I.        Communication from Michael E. Burns, Traffic Engineering Supervisor, the Pawtucket City Council (Response – Weeden Street at Smithfield Avenue and Power Road)

 

 

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J.       Communication from James DeCelles, Acting Chief Engineer, PWSB,  to Richard J. Goldstein, City Clerk (Little Pond County Road, Development Rights)

 

 

590

K.    Communication from Mayor James E. Doyle to the Honorable City Council Members (Response – Environmental Protection Agency’s Energy Savings Program)

 

 

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L.      Communication from George L. Kelley, III, Chief of Police, to Richard J. Goldstein, City Clerk (Response – Bloodgood Street Traffic Enforcement)

 

 

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M.   Communication from George L. Kelley, III, Chief of Police, to Richard J. Goldstein, City Clerk (Response – Traffic Enforcement Assignments Power Road and Anderton Avenue)

 

 

028

N.    Communication from Robyn H. Golden, Administrator, Rhode Island State Labor Relations Board to Mayor James E. Doyle (Unfair Labor Practice Charge)

 

 

 

O.    Communication from Timothy Asta Jr., Director of Municipal Affairs, ExteNet Systems, Inc. to the Pawtucket City Council (Preliminary Review Package: Distributed Antenna System Within the Public R.O.W.) is READ AND ORDERED FILED and REFERRED TO THE CITY PROPERTY COMMITTEE.

 

 

 

P.      An Ordinance in Amendment of Chapter 286 of the Code of Ordinances of the City of Pawtucket, 1996, Entitled “Noise.” (Establishing Time Limits at Outdoor Feasts or Festivals) is LAID ON THE TABLE and REFERRED TO THE ORDINANCE COMMITTEE.

 

 

613      Communication from Margaret M. Lynch-Gadaleta, Esq., City Solicitor to Councilor John J. Barry, III – Chairman, Finance Committee (Response – CDL Requirements) is READ AND ORDERED FILED.

 

THE FOLLOWING ORDINANCE WAS LAID ON THE TABLE AT THE MEETING HELD OCTOBER 10, 2007, AND IS AGAIN LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:

 

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 SEWER AND REFUSE LABORER; SEWER AND REFUSE LABORER – SANITATION; SEWER AND REFUSE LABORER – BULKY WASTE)

 

THE CHAIR RECOGNIZES COUNCILOR BARRY.

 

Upon motion made by Councilor Barry, seconded by Councilor Chadwick the City Council APPROVES the Settlement Agreement by and among the City of Pawtucket and the Pawtucket Water Supply Board by and through the City of Pawtucket and the Town of Cumberland and Anthony Harraka in his capacity as the present tax assessor for the Town of Cumberland, in the amount of $1,574,344.68 on a roll call vote, as follows:

 

AYES – President Pro-Tempore Hodge, Councilors Barry, Carr, Chadwick, Grebien, Kinch, Moran and Wildenhain.

 

NOES - 0.

 

7          SETTLEMENT AGREEMENT - CITY OF PAWTUCKET/PWSB VS TOWN OF CUMBERLAND

 

609      Communication from Michael Yarbrough, Supervisor, Engineering Support, National Grid, to Building & Zoning Director, requesting petition 2729796 of the National Grid Electric Company covering the setting of GRID pole on Broad Street is READ AND ORDERED FILED and APPROVED PENDING THE APPROVAL OF THE DIRECTOR OF ZONING AND CODE ENFORCEMENT

 

THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.

 

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

 

The Clerk is instructed to send a communication to Michael Burns, Traffic Engineering Supervisor, requesting that he conduct a study to determine the need for a 4-way stop sign at the intersection of Brookdale Blvd. and Stafford Street.

 

THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.

 

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

 

The Clerk is instructed to send a communication to Senator James E. Doyle, II requesting that he get an update from RIDOT on when the left-turn signal on Newport Avenue at the intersection of Central Avenue will be installed.

 

The following resolution is read and PASSED on a roll call vote, as follows:

 

AYES – President Pro-Tempore Hodge, Councilors Barry, Carr, Chadwick, Grebien, Kinch, Moran and Wildenhain.

 

NOES - 0.

 

032      RESOLUTION ACCEPTING THE CARE OF BURIAL LOT OF FRANCISCO BARROS

 

The following resolution is read and PASSED on a roll call vote, as follows:

 

AYES – President Pro-Tempore Hodge, Councilors Barry, Carr, Chadwick, Grebien, Kinch, Moran and Wildenhain.

 

NOES - 0.

 

032      RESOLUTION ACCEPTING THE CARE OF BURIAL LOT OF BENTO SIMPLICIO SILVA

 

The following resolution is read and PASSED on a roll call vote, as follows:

 

AYES – President Pro-Tempore Hodge, Councilors Barry, Carr, Chadwick, Grebien, Kinch, Moran and Wildenhain.

 

NOES - 0.

 

032      RESOLUTION ACCEPTING THE CARE OF BURIAL LOT OF MICHAEL & PETER TRINGA

 

UPON RECOMMENDATION OF THE CITY PROPERTY COMMITTEE, THE FOLLOWING RESOLUTION IS READ AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:

 

AYES – President Pro-Tempore Hodge, Councilors Barry, Carr, Chadwick, Grebien, Kinch, Moran and Wildenhain.

 

NOES - 0.

 

588      RESOLUTION AUTHORIZING THE PAWTUCKET PLANNING DEPARTMENT AND THE CITY SOLICITOR’S OFFICE TO PREPARE A DRAFT PURCHASE AND SALE AGREEMENT FOR THE TRANSFER OF OWNERSHIP OF 81 PARK PLACE TO AMARAL REVITE

 

THE CHAIR RECOGNIZES COUNCILOR MORAN.

 

With majority consent of the Council, Councilor Moran introduces the following communications:

 

Communication from Ranne P. Warner, Owner and Developer, Riverfront Lofts to Brenda Schworn, President Riverfront Lofts Condominium Association (Square Footage of Condominium for Tax Purposes)

 

Communication from RFL Unit Owners Property Tax Committee to Ranne P. Warner, Blackstone Exchange (Square Footage of Condominium for Tax Purposes)

 

Upon motion made by Councilor Moran, seconded by Councilor Grebien, the following communications are READ AND ORDERED FILED.

 

028      Communication from Ranne P. Warner, Owner and Developer, Riverfront Lofts to Brenda Schworn, President Riverfront Lofts Condominium Association (Square Footage of Condominium for Tax Purposes)

 

028      Communication from RFL Unit Owners Property Tax Committee to Ranne P. Warner, Blackstone Exchange (Square Footage of Condominium for Tax Purposes)

 

THE CHAIR RECOGNIZES COUNCILOR MORAN.

 

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

 

The Clerk is instructed to send a communication to David L. Quinn, II, Tax Assessor, requesting that he review the letters from Ranne P. Warner and the RFL Unit Owners Property Tax Committee and respond to the Council on the issues brought up in the letters.

 

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

 

AYES – President Pro-Tempore Hodge, Councilors Barry, Carr, Chadwick, Grebien, Kinch, Moran and Wildenhain.

 

NOES – 0

 

033      RESOLUTION AUTHORIZING THE ABATEMENT OF TAXES ON MOTOR VEHICLES, REAL ESTATE AND TANGIBLE PERSONAL PROPERTY FOR JANUARY, FEBRUARY AND MARCH, 2007 IN THE SUM OF $48,716.86.

 

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

 

AYES – President Pro-Tempore Hodge, Councilors Barry, Carr, Chadwick, Grebien, Kinch, Moran and Wildenhain.

 

NOES – 0

 

033      RESOLUTION AUTHORIZING THE ABATEMENT OF TAXES ON MOTOR VEHICLES, REAL ESTATE AND TANGIBLE PERSONAL PROPERTY FOR APRIL, MAY AND JUNE, 2007 IN THE SUM OF $150,856.03.

 

THE CHAIR RECOGNIZES COUNCILOR GREBIEN.

 

With majority consent of the Council, the following motion made by Councilor Grebien, second by Councilor Kinch, is PASSED on unanimous voice vote:

 

The Clerk is instructed to send a communication to Michael D. Cassidy, Director of Planning and Redevelopment and John E. Carney, Director of Public Works, requesting that they review the security of the propane tank at the Winter Wonderland building in Slater Park. The Council is concerned that the propane tank is not adequately protected from the public.

 

THE FOLLOWING RESOLUTION RETURNED BY THE FINANCE COMMITTEE WITHOUT A RECOMMENDATION IS READ AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:

 

AYES –Councilors Carr, Chadwick, Grebien, Kinch and Wildenhain.

 

NOES – President Pro-Tempore Hodge, Councilors Barry and Moran.

 

033      RESOLUTION AUTHORIZING THE ABATEMENT OF TAXES ON REAL ESTATE AT 286 MAIN STREET, LANTAU ISLAND, INC. IN THE SUM OF $231.154.85.

 

THE CHAIR RECOGNIZES COUNCILOR KINCH.

 

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

 

The Clerk is instructed to send a communication to William Mulholland, Superintendent, Pawtucket Parks & Recreation, requesting that he write to the Athletic Directors at the schools that use the McKinnon/Alves Soccer Complex to advise them of noise problems and to send them the noise ordinance, so that they can make sure that their teams are aware of the noise regulations.

 

The following ordinance is read for the second time and PASSED on a roll call vote, as follows:

 

AYES – President Pro-Tempore Hodge, Councilors Barry, Carr, Chadwick, Grebien, Kinch, Moran and Wildenhain.

 

NOES - 0.

 

330      AN ORDINANCE IN AMENDMENT OF CHAPTER 2815 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET FOR LOCAL 3960 (TRAFFIC ENGINEERING SUPERVISOR), AS AMENDED

 

The following ordinance is read for the second time and PASSED on a roll call vote, as follows:

 

AYES – President Pro-Tempore Hodge, Councilors Barry, Carr, Chadwick, Grebien, Kinch, Moran and Wildenhain.

 

NOES - 0.

 

330      AN ORDINANCE IN AMENDMENT OF CHAPTER 202 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “FEES.” (ESTABLISHING BUILDING PERMIT FEES)

 

The following ordinance is read for the second time and PASSED on a roll call vote as follows:

 

AYES – President Pro-Tempore Hodge, Councilors Barry, Carr, Chadwick, Grebien, Kinch, Moran and Wildenhain.

 

NOES - 0.

 

330      AN ORDINANCE IN AMENDMENT OF SECTION 388-41.2 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996 ENTITLED “NO PARKING DURING STREET CLEANING”

 

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 Pro-Tempore Hodge, Councilors Barry, Carr, Chadwick, Grebien, Kinch, Moran and Wildenhain.

 

NOES - 0.

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 360 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “TATTOO PARLORS”

 

028      Communication from Richard J. Goldstein, City Clerk to the Honorable Members of the Pawtucket City Council (Recruitment Testing Fund Ordinance) is READ AND ORDERED FILED.

 

THE FOLLOWING AMENDMENT TO THE FOLLOWING ORDINANCE, RETURNED BY THE FINANCE COMMITTEE AND THE ORDINANCE COMMITTEE WITH THE RECOMMENDATION FOR APPROVAL, IS TAKEN UP:

 

AN ORDINANCE ESTABLISHING A RECRUITMENT TESTING FUND.

 

Add the following:

 

The fee may be waived by the Director of Public Safety in cases of financial hardship.

 

THE CHAIR RECOGNIZES COUNCILOR GREBIEN.

 

Upon motion made by Council Grebien, seconded by Councilor Wildenhain, the following amendment to the Ordinance entitled “AN ORDINANCE ESTABLISHING A RECRUITMENT TESTING FUND” is LAID ON THE TABLE and REFERRED BACK TO THE ORDINANCE AND FINANCE COMMITTEES on a unanimous voice vote.

 

UPON RECOMMENDATION OF THE ORDINANCE AND FINANCE COMMITTEES, THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:

 

AYES – President Pro-Tempore Hodge, Councilors Barry, Carr, Chadwick, Grebien, Kinch, Moran and Wildenhain.

 

NOES - 0.

 

AN ORDINANCE ESTABLISHING A RECRUITMENT TESTING FUND.

 

THE FOLLOWING LICENSES, WHICH WERE LAID ON THE TABLE AT THE MEETINGS HELD AUGUST 22, SEPTEMBER 5 AND 19, AND OCTOBER 10, 2007 ARE TAKEN UP AND APPROVED ON UNANIMOUS VOICE VOTE:

 

WASTE HAULER Renewals -

 

Allied Waste North America Inc., d/b/a Allied Waste Systems of Fall River, 1080 Airport Road, Fall River, MA, LIC#W0012

Discount Disposal d/b/a Discount Disposal, 19C Buck Hill Road, Johnston, RI, LIC#W0008

M & M Disposal, Inc., 46 Shun Pike, Johnston, RI, LIC#W0004

Rambone Disposal Service, Inc., 2153 Plainfield Pike, Johnston, RI, LIC#W0011

 

THE CHAIR RECOGNIZES COUNCILOR BARRY.

 

Upon motion made by Councilor Barry, seconded by Councilor Chadwick, the following license is APPROVED on a unanimous voice vote.

 

WASTE HAULER Renewal –

 

Rhode Island Disposal Inc., 1507 Victory Highway, LIC#3369

 

THE CHAIR RECOGNIZES COUNCILOR CHADWICK.

 

Upon motion made by Councilor Chadwick, seconded by Councilor Barry, the following name change is APPROVED on a unanimous voice vote.

 

Communication from Marie S. Fortune, requesting change of d/b/a from The Fortune Store to Fortune Fashions, 130 Broad Street, on her Class C Second Hand Shop License.

 

THE CHAIR RECOGNIZES COUNCILOR CHADWICK.

 

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

 

Communication R. Kevin Horan, Attorney at Law, to the Pawtucket City Council (Fairlawn Avenue Water Easement)

 

Upon motion made by Councilor Chadwick, seconded by Councilor Barry, the following communication is READ AND ORDERED FILED and REFERRED TO THE CITY PROPERTY COMMITTEE.

 

Communication R. Kevin Horan, Attorney at Law, to the Pawtucket City Council (Fairlawn Avenue Water Easement)

 

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

 

ENTERTAINMENT –

 

Petition of Nathanael Greene School, to conduct a Christmas bazaar at 285 Smithfield Avenue, on Saturday, November 24, 2007, from  9:00 a.m. to 6:00  p.m. and Sunday, November 25, 2007, from 12:00 p.m. to 7:00 p.m. LIC#4856

 

Petition of The Lost Chord to conduct Music/Film Festival, at Pawtucket Armory, 172 Exchange Street, on Saturday, October 27, 2007, from 7:00 p.m. to 8:30 p.m. LIC#4854

 

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

 

Rachel & Keith Doyon, Parents of Stephen Doyon - $964.83

Jessica Rice by Laura Cameron, Esq. – No Amount Specified

Jonathan Segal - $2,822.66

Willie Washington - $255.43

 

Upon motion made by Councilor Barry, seconded by the entire Council, the meeting is adjourned at 8:24 p.m. in memory of Benjamin C. Chester and Gerald F. Quinn.

October 24, 2007 - Regular City Council Session
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