The City Of Warwick
Docket of the City Council
Regular Business/Public Hearing Meeting
FOR
August 28, 2006
@ 7:00 P.M.
COUNCIL CHAMBERS
CITY HALL
3275 POST ROAD
WARWICK, RI02886
Donald Torres, President Presiding
Roll Call Time: 7:35 p.m.
SUE STENHOUSE, DONALD TORRES, TIMOTHY LEE, JOSEPH J. SOLOMON, JOHN DELGIUDICE, DONNA M. TRAVIS, CHARLES J. DONOVAN, JR., RAYMOND E. GALLUCCI, STEVE MEROLLA
Salute To The Flag: Ward - Scouts
Solomon - Res. Congrats - Eagle Scouts - Ryan Borden, Eric Abbott, Daniel Friel, Mike Pereira.
Stenhouse - DEM hasextended thanks to DPW for Greenwich Bay Cleanup help.
Executive Communications
1. General Communications –
The Director of Public Works will appear before the City Council to discuss the study regarding Mickey Stevens Sports Complex. (Info was not available at this time. Discussion was postponed until the second meeting in September).
Acceptance of minutes from council meetings held on:
July 10, 2006 July 17, 2006
Moved by: Stenhouse Moved by: Stenhouse
Seconded by: Travis,Gallucci Seconded by: Gallucci,Travis
Vote: 9 VV Vote: 9VV
2. Consent calendar:
A. PCR-107-06 - Resolution Relative To Bids. (Councilman Gallucci)
A. Committee Report (Finance) Favorable
B. Action: Favorable
Moved by: Gallucci
Seconded by: Donovan, Stenhouse
Adopted - R-06-86
PCR-121-06 - Bid #2006-302
Moved by: Favorable - Gallucci
Seconded by: Stenhouse
Vote: 8 yes, 1 abstain (Merolla)
Adopted - R-06-87
Consent Calendar continued
PCR-122-06 - Bid #2007-86
Moved by: Favorable - Gallucci
Seconded by: Stenhouse
Vote: 9 yes
Adopted - R-06-88
PCR-123-06 - Bid #2007-113
Moved by: Favorable - Gallucci
Seconded by: Stenhouse
Vote: 5 yes, 4 no (Torres, DelGiudice, Donovan, Solomon)
Adopted - R-06-89
PCR-124-06 - Bid #2007-120
Moved by: Favorable - Gallucci
Seconded by: Stenhouse
Vote: 9 yes
Adopted - R-06-90
B. PCR-108-06 - Resolution Relative To Traffic Studies. (Councilwoman Travis)
A. Committee Report (Public Safety) Favorable
B. Action: Favorable
Moved by: Travis
Seconded by: Lee, Stenhouse
Adopted
C. PCR-109-06 - Resolution Relative To Street Lights (Councilwoman Travis)
A. Committee Report (Public Safety) Hold till 9/11
Hold till 9/11/06
D. PCR-110-06 - Resolution Relative To Claims. (Councilwoman Travis)
A. Committee Report (Public Safety) Favorable
B. Action: Favorable
Moved by: Travis
Seconded by: Lee, Gallucci
Adopted - R-06-91
PCR-125-06 - Claim for Donald Morash
Moved by: Favorable - Travis
Seconded by: Torres
Vote: 9 yes
Adopted - R-06-93
Solomon - Police report needed for all future claims.
E. PCR-111-06 - Resolution Relative To Tax Abatements. (Councilman Gallucci)
A. Committee Report (Finance) Favorable
B. Action: Favorable
Moved by: Gallucci
Seconded by: Stenhouse
Adopted - R-06-92
Consent calendar continued
F. PCR-112 -06 - Resolution Relative to Tax Title Sale. (Councilman Merolla)
A. Committee Report (P.P.) None
None
G. PCR-113 -06 Omnibus Resolution Of Congratulations And Condolences.
(Councilman Merolla)
A. Committee Report (Community Affairs) Favorable
B. Action: Favorable
Moved By: Merolla
Seconded by: Stenhouse
Vote: 9 VV
3. Announcement Of Appointments - None
4. Appointments Requiring Confirmation - None
Move Contract P.H. to be heard here.
Moved by: Travis
Seconded by: Gallucci, Stenhouse
Vote: 9 VV
Unfinished Business
1. PCO-28-06 - An Ordinance amending the Zoning Ordinance of the City of
Warwick, 176 Toll Gate Road, Petitioner. (Councilman Gallucci)
Second Passage
A. Committee Report (Land Use) Favorable
B. Action Favorable
Moved by: Gallucci
Seconded by: Stenhouse
Vote: 9 yes
Second Passage - 0-06-22
2. PCO-29-06 - Ordinance amending the Zoning Ordinance of the City of
Warwick, Bellcastle Realty, Inc., Petitioner.
(Councilman Gallucci)
Second Passage
A. Committee Report (Land Use) Favorable
B. Action Favorable
Moved by: Gallucci
Seconded by: Stenhouse
Vote: 9 yes
Second Passage - 0-06-23
Unfinished business continued
3. PCO-34-06 - An Ordinance relative to the installation of no parking signs at 62 Williams Street. (Councilman Merolla)
Second Passage
Description: Install no parking sign at 62 Williams Street to the corner of Duane Street.
A. Committee Report (Ordinance) Favorable
B. Action Favorable
Moved by: Merolla
Seconded by: Stenhouse
Vote: 9 yes
Second Passage - 0-06-24
4. PCO-35-06 - An Ordinance relative to signage at Greenwood Elementary School. (Councilman Donovan)
Second Passage
Description: No parking signs need to be posted on the northerly side of Potters Ave in
Front of the school.
A. Committee Report (Ordinance) Favorable
B. Action Favorable
Moved by: Donovan
Seconded by: Travis, Stenhouse
Vote:
No Parking - 8:00 a.m. - 4:00 p.m.
Move to amend: Donovan
Seconded by: Stenhouse, Travis
Vote: 9 yes
Move as amended: Donovan
Seconded by: Stenhouse
Vote: 9 yes
First Passage, as amended
5. PCO-6-99 - An ordinance regarding a schedule of impact fees based on the re port of the Planning Department. (Councilman Merolla)
First Passage
Description: None
A. Committee report (Finance) Hold till Second Meeting in September
Hold till 9/18/06
Unfinished Business - Continued
6. PCO-31-05 - An Ordinance amending the Nuisance Ordinance regarding
loud or unruly gatherings, Party Houses.
(Councilwoman Travis)
First Passage
Description: Gatherings of five or more persons on any private property which consti- tutes a substantial disturbance of the quiet enjoyment of private or public property in a significant segment of a neighborhood shall constitute a
violation of the law.
A. Committee Report (Ordinance) Favorable
B. Action Favorable
Moved by: Travis
Seconded by: Stenhouse
Vote:
Line 25 - Change 200’ to read 100’
Move to amend: Travis
Seconded by: Stenhouse
Vote: 9 yes
Move as amended: Travis
Seconded by: Stenhouse
Vote: 9 yes
First Passage - as amended
7. PCO-3-06 - An Ordinance relative to the Greenwich Bay Watershed.
(Councilman Merolla)
First Passage
A. Committee Report (Ordinance) Hold till Second Meeting in September
Hold till 9/18/06
8. PCO-11-06 - An Ordinance amending Sec. 2-14 - Regarding Tax Title Property.
(Councilman Donovan)
First Passage
Description: None
A. Committee Report (Ord) Hold till Second Meeting in September
Hold till 9/18/06
9. PCR-182-05 -A Resolution relative to the opposition of Eminent Domain.
(F/K/A PCO-56-05) (Councilman Torres)
Description: None
A. Committee Report (I.G.) Favorable
B. Action Favorable
Moved by: DelGiudice
Seconded by: Travis
Vote: 9 yes
Adopted - R-06-06
Unfinished Business - Continued
10. PCR-24-06 - A Resolution relative to Synchronization of State owned Traffic
Signals Throughout City. (Councilwoman Stenhouse, Councilman
DelGiudice, Councilman Lee, Councilman Merolla, Councilwoman
Travis & Councilman Solomon)
Description: None
A. Committee Report (I.G.) Favorable
B. Action Favorable
Moved by: DelGiudice
Seconded by: Stenhouse, Travis, Lee, Solomon
Vote: 9 yes
Adopted - R-06-96
11. PCR-25-06 - Resolution relative to Tax and Sewer Use Sales.
(Councilman Solomon)
Description: Advanced notification to Council Persons.
A. Committee Report (I.G.) To Withdraw
B. Action To Withdraw
Moved by: Solomon
Seconded by: Stenhouse, Travis
Vote: 9 yes
Withdrawn
12. PCR-40-06 - A Resolution Amending Resolution R-05-12 Relative to the
Purchase of Land on Old Forge Road, Assessor’s Plat 209, Lot 6, and a Portion of Lot 1, Ives Bluff. (Councilman Merolla)
Description: Purchase of Open Space.
A. Committee Report (Finance) Favorable
B. Action Favorable
Moved by: Merolla
Seconded by: Travis
Vote. 8 yes, 1 no (Stenhouse)
Adopted - R-06-97
10. PCR-76-06 - A Resolution regarding an agreement between the City of Warwick and the Kent County Water Authority regarding the Potowomut Area of Warwick. (Councilman Merolla)
Description: None
A. Committee Report (Intergovernmental) Hold till Second Meeting in September
Hold till 9/18/06
Unfinished Business - Continued
11. PCR-77-06 - A Resolution regarding an agreement between the City of Warwick and the Kent County Water Authority regarding Emergency Inter connections. (Councilman Merolla, Councilman Gallucci,
Councilman Donovan)
Description: None
A. Committee Report (Intergovernmental) Hold till Second Meeting in September
Hold till 9/18/06
12. PCR-78-06 - A Resolution to the Public Utilities Commission regarding rate
stabilization and conservation restrictions placed on City of
Warwick residents by Kent County Water Authority.
(Councilman Merolla, Councilman Gallucci,
Councilman Donovan)
Description: None
A. Committee Report (Intergovernmental) Favorable
B. Action Favorable
Moved by: Merolla
Seconded by: Donovan, Gallucci
Vote: 9 yes
Adopted - R-06-98
13. PCR-101-06 - A Resolution requesting the company Big League Dreams give a presentation to the Warwick City Council. (Councilman Merolla)
Description: None
A. Committee Report (I.G.) Hold for two months - Second meeting in October
Hold till 10/16/06
New Petition For Referral and Advertising
(Sent out by an Addendum)
PCO-38-06 - An Ordinance Amending the Zoning Ordinance of the City of Warwick,
Karmichael Realty, LLC, Carol Bainum, Petitioners.
(Councilman Donovan)
P.H. 9/18/06
Referred Business
1. PCO-27-06 - An Ordinance amending the Zoning Ordinance of the City of
Warwick, relative to Superstores. (Councilwoman Stenhouse)
First Passage
Continuation of Public Hearing from
July 17, 2006
A. Committee Report (Land Use) Motion to Reopen & Continue P.H.
B. Action Favorable to reopen - Merolla
Moved by: Merolla
Seconded by: Stenhouse
Vote:
Speaking For: Councilwoman Stenhouse
PCO-27-06 - Continued
Speaking Against: Attorney Joseph Shekarshi, Attorney for Walmart
Motion to Close P.H. Travis, Gallucci Seconded by: Torres
Vote: 9 VV
Moved by: Favorable - Stenhouse Seconded by: Lee
Vote: 2 yes (Lee, Stenhouse), 7 no
Denied
Continuation of Public Hearings
From
July 17, 2006
1. PCR-104 - 06 - A Resolution relative to the ratification of the agreement negoti- ated by the Mayor and Local 2748 of the International Asso- ciation of Fire Fighters. (COUNCILMAN SOLOMON)
Motion to Continue P.H. Move to Withdraw - Stenhouse
Seconded by: Lee
Vote: 9 yes
Withdrawn
Continuation of Public Hearings
From
July 17, 2006
2. PCR-105 - 06 - A Resolution relative to the ratification of the agreement negoti- ated by the Mayor and Local 1651, Municipal Employees Bargaining Unit. (Councilman Gallucci - Finance)
Motion to Continue P.H. Stenhouse
Seconded by: Travis, Gallucci
Vote: 9 VV
Lee - Point of Order - Object to P.H.
Solomon - Made an objection to Lee’s objection
Lee - appealed ruling of chair
Seconded by: Stenhouse
Vote: 2 no, (Stenhouse, Lee), 6 yes, 1 abstain (DelGiudice)
Speaking: Diana Pearson, Assistant Solicitor
Oscar Shelton, Personnel Director
Jean Bouchard, Union President
Motion to Close P.H. Stenhouse Seconded by: Gallucci
Vote: 9 VV
Moved by: Gallucci Seconded by: Stenhouse
Vote: 9 YES
Adopted - R-06-99
Continuation of Public Hearings
From
July 17, 2006
3. PCR-106 - 06 - A Resolution relative to the ratification of the agreement negoti- ated by the Mayor and Warwick FOP #7. (Councilman
Gallucci - Finance
Motion to Continue P.H. Stenhouse
Seconded by: Travis
Vote: 9 yes
Speaking: Oscar Shelton, Personnel Director
Paul Nichola, Citizen
Roger Durand
Motion to Close P.H. Stenhouse Seconded by: Travis, Gallucci
Vote: 9 VV
Moved by: Favorable - Travis Seconded by: Stenhouse, Lee, DelGiudice, Gallucci
Vote: 9 yes
Adopted - R-06-100
Motion to recess: Stenhouse
Seconded by: Donovan
Vote: 9 VV
9:10 - 9:20 p.m.
New Business
1. PCR-114-06 - A Resolution relative to the installation of a stop sign on
Yellowstone at the intersection of Harvest. (Councilman Lee)
Description: A Stop sign is needed at the intersection of Yellowstone and Harvest.
A. Committee Report (P.S.) Favorable
B. Action Favorable
Moved by: Lee
Seconded by: Travis
Vote: 9 yes
Adopted - R-06-101
2. PCR-115-06 - A Resolution relative to the installation of a stop sign on
Vanderbilt at the intersection of Airway. (Councilman Lee)
Description: A stop sign is needed at the intersection of Vanderbilt and Airway.
A. Committee Report (P.S.) Favorable
B. Action Favorable
Moved by: Lee
Seconded by: Stenhouse, Travis
Vote: 9 yes
Adopted - R-06-102
New Business - Continued
3. PCR-116-06 - A Resolution relative to the installation of a stop sign on
North Fair Street replacing yield sign. (Councilwoman
Stenhouse)
Description: Stop Sign needed on North Fair Street going onto S. Atlantic to replace yield sign.
A. Committee Report (P.S.) Favorable
B. Action Favorable
Moved by: Lee
Seconded by: Stenhouse, Travis
Vote: 9 yes
Adopted - R-06-103
4. PCR-117-06 - A Resolution relative to the installation of a stop sign on
Lloyd Avenue at the intersection of Ruby Street.
(Councilwoman Travis)
Description: Stop Sign needed on Lloyd Avenue Northbound and Southbound at
Intersection of Ruby Street.
A. Committee Report (P.S.) Favorable
B. Action Favorable
Moved by: Travis
Seconded by: Stenhouse, Donovan
Vote: 9 yes
Adopted - R-06-104
5. PCR-120-06 - (Change to Resolution by L.L.) A Resolution relative to legislation regarding sex offenders.
(Councilman Donovan)
Description: None
A. Committee Report (I.G.) Hold till 9/11/06
Hold till 9/11/06
6. PCR-118-06 - A Resolution relative to City Owned Property Lease at Plat 375, Lot 549.
(Councilwoman Travis)
Description: An offer to lease approximately 9866 sq. ft of property located on plat 375,
Lot 549.
A. Committee Report (P.P.) Hold till second meeting in September
Hold till 9/18/06
New Business Continued
7. PCR-119-06 - A Resolution relative to Purchase a portion of City Owned
Property, located on plat 375, Lot 549. (Councilwoman Travis)
Description: Offer to purchase a portion of vacant land owned by the City of Warwick.
A. Committee Report (P.P.) Favorable
B. Action Favorable
Moved by: Travis
Seconded by: Stenhouse, Merolla
Vote:
Suspend Rules
Moved by: Merolla
Seconded by: Travis
Vote: 9 VV
Testimony Regarding Iggy’s Land Purchase
David Michael Revino - Owner
Motion to hold - Travis
Seconded by: Stenhouse
Vote: 9 VV
Continue to First meeting in September
Continue to 9/11/06
UNANIMOUS CONSENT
FOR
AUGUST 28, 2006
1. PCO-37-06 - An Ordinance relative to the installation of No Parking signs in front of the new court house. (Councilman Merolla, Council man Lee, Councilman Gallucci)
First Passage
Description: The Rhode Island Supreme Court Justice Frank Williams contacted
Councilman Merolla and asked that a No Parking signs be installed in
front of the new court house as soon as possible, and asked that the
Item be placed under Unanimous Consent so that it may be done in a
timely manner.
Moved by: Favorable - Merolla
Seconded by: Travis, Stenhouse, Lee
Vote:
Signage on both sides
Motion to amend: Merolla
Seconded by: Stenhouse, Lee
Vote: 9 yes
Move as amended: Merolla
Seconded by: Stenhouse
Vote: 9 yes
First Passage, as amended
(Second passage will be held on 9/11/06)
Motion to Adjourn: Travis Seconded by: Stenhouse
Vote: 9 VV Time: 10:30 p.m.
Attest: Joann Fineberg
Admin. Council Clerk