June 21, 2000 - Regular City Council Session

City Council, June 21, 2000

A regular session of the Pawtucket City Council is held Wednesday, June 21, 2000, at eight o’clock p.m., at Jenks Jr. High School, Media Center, Division Street, Pawtucket, RI.

Present – President Barry, Councilors Bray, Clemente, Grebien, Hodge, Hoyas, Moran, and Wildenhain.

Absent – Councilor Carr.

President Barry presides.

THE COUNCIL RECESSES IMMEDIATELY TO CONDUCT A PUBLIC HEARING ON THE FOLLOWING:

AN ORDINANCE IN AMENDMENT OF CHAPTER 2373 AND CHAPTER 410 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET – CHANGE IN OFFICIAL ZONING MAP, PAGE 50B. (Brooks Pharmacy)

COUNCILOR CARR ARRIVES AT EIGHT FIVE O’CLOCK P.M.

THE COUNCIL RECONVENES AT NINE THIRTY-FOUR O’CLOCK P.M.

THE CHAIR RECOGNIZES COUNCILOR HOYAS.

Upon motion made by Councilor Hoyas, seconded by Councilor Hodge, the following ordinance is DENIED on a roll call vote, as follows:

AYES - President Barry, Councilors Bray, Carr, Clemente, Grebien, Hodge, Hoyas, Moran, and Wildenhain.

NOES - 0.

023 AN ORDINANCE IN AMENDMENT OF CHAPTER 2373 AND CHAPTER 410 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET – CHANGE IN OFFICIAL ZONING MAP, PAGE 50B. (Brooks Pharmacy)

The reading of the records of June 7, 2000, is dispensed with and the records are APPROVED as prepared by the Clerk.

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

*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:

061 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, 1999, through May 31, 2000)

335 B. Communication from Ronald L. Wunschel, Director of Finance, to the Honorable Members of the Pawtucket City Council. (Sale of City of Pawtucket General Obligation Bond Anticipation Notes in the amount of $7,732,000)

623 C. Communication from Angel S. Garcia, Director of Personnel, to the Honorable Members of the Pawtucket City Council. (Salary Increase for Unclassified Non-Union Employees)

623 D. Communication from Angel S. Garcia, Director of Personnel, to the Honorable Members of the Pawtucket City Council. (Salaries of all Classified Employees)

623 E. Communication from Angel S. Garcia, Director of Personnel, to John J. Barry, III, President, Pawtucket City Council. (Salaries of Heads of Departments)

578 F. Communication from Lincoln D. Chafee, United States Senator, to Janice M. LaPorte, CMC, Clerk, Pawtucket City Council. (HUD Investigation)

617 G. Communication from Senator John M. Roney, Chairman, State Traffic Commission, to the Honorable Peter F. Kilmartin, State Representative – Deputy Minority Leader. (Advance Phase Traffic Signal on Newport Avenue and Central Avenue)

595 H. Communication from Kevin J. Shea, Executive Director, Pawtucket Redevelopment Agency, to the Honorable City Council. (Notice of Approval of Residential Rehabilitation Loans)

622 I. Communication from Ronald F. Travers, Director, Zoning and Code Enforcement, to Murry Realty LP. (Lourenco DoCouto d/b/a Larry's Auto Repair, 519 Pawtucket Avenue)

622 J. Communication from Ronald F. Travers, Director, Zoning and Code Enforcement, to Council President John Barry, III, & Council Members. (Vacant/Abandon Housing Report)

588 K. Communication from Ronald L. Wunschel, Director of Finance, to John Barry, President, City Council. (Pension Board Recommendation – Simms Capital Management, Inc.)

588 L. Communication from Ronald L. Wunschel, Director of Finance, to John Barry, President, City Council. (Pension Board Recommendation – Hutchens Investment Group)

628 M. Communication from His Honor, Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council. (Affirmative Action)

632 Communication from His Honor, Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council. (Waiver of Residency at the School Department for Aimee Parenteau, Certified Music Teacher) is READ AND ORDERED FILED, and is REFERRED TO THE ORDINANCE COMMITTEE.

Petition for Auto Repair Shop and Second Hand Shop Licenses Class A & B, of Joseph Muschiano & Rita D’Angelo d/b/a Cartex Auto Sales, 540 Weeden Street, Tax Assessors Plat 48, Lot 256, (Previously Robert Teixeira d/b/a Express One Auto Sales & Repair) to keep a shop for the purpose of purchasing and selling second hand articles, specifically used automobiles and repairing same, LIC# 30249 & 40261, which was advertised for a hearing at this time, is taken up:

The only speaker is applicant, Joseph Muschiano.

Mr. Muschiano answers questions from Councilor Clemente regarding how the lot is over burdened with cars.

Councilor Clemente discusses the deplorable condition of another location owned by Mr. Muschiano on Pawtucket Avenue.

There are no other speakers.

The Hearing is closed.

THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.

Upon motion made by Councilor Clemente, seconded by Councilor Wildenhain, the following license is APPROVED with the following STIPULATIONS, on a unanimous voice vote:

STIPULATIONS:

1. Limit of ten (10) cars to be stored in back on existing paved area.

2. Limit of five (5) cars parked in front for sales

3. No auto bodywork.

COUNCILOR CLEMENTE LEAVES THE CHAMBER AT TEN THREE O’CLOCK P.M.

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

AYES - President Barry, Councilors Bray, Carr, Grebien, Hodge, Hoyas, Moran, and Wildenhain.

NOES - 0.

631 Ratification of Contract between RI Council 94, AFSCME, AFL-CIO, LOCAL 1012 and the City of Pawtucket for the period beginning July 1, 2000, and ending June 30, 2003.

THE CHAIR RECOGNIZES COUNCILOR MORAN.

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

Communication from Ronald L. Wunschel, Director of Finance, to the Members of the City Council, submitting bids received at the bid opening held at Fleet National Bank, on June 21, 2000, for the sale of $7,732,000 City of Pawtucket General Obligation Bond Anticipation Notes and concurring with City’s Fiscal Agent, Fleet Securities, Inc., that the award be made to the lowest bidder, Fleet Bank, as follows:

BIDDER	AMOUNT	RATE	PREMIUM

Fleet Bank	$7,732,000	4.74%	-0-

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

335 Communication from Ronald L. Wunschel, Director of Finance, to the Members of the City Council, submitting bids received at the bid opening held Fleet National Bank, on June 21, 2000, for the sale of $7,732,000 City of Pawtucket General Obligation Bond Anticipation Notes, and concurring with City’s Fiscal Agent, Fleet Securities, Inc., that the award be made to the lowest bidder, Fleet Bank, as follows:

BIDDER	AMOUNT	RATE	PREMIUM

Fleet Bank	$7,732,000	4.74%	-0-

Upon motion made by Councilor Moran, seconded by Councilor Hoyas, the following resolution is read and PASSED on a roll call vote, as follows:

AYES - President Barry, Councilors Bray, Carr, Grebien, Hodge, Hoyas, Moran, and Wildenhain.

NOES - 0.

335 RESOLUTION AWARDING THE SALE OF $7,732,000.00 GENERAL OBLIGATION BOND ANTICIPATION NOTES TO FLEET BANK.

THE FOLLOWING RESOLUTION IS LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE, ON A UNANIMOUS VOICE VOTE:

RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO TRANSFER $2.5 MILLION FROM THE BANK OF IRELAND ACCOUNT TO THE NEW SIMMS CAPITAL MANAGEMENT, INC. (POLICE & FIRE FIGHTERS PENSION FUND)

THE FOLLOWING RESOLUTION IS LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE, ON A UNANIMOUS VOICE VOTE:

RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO TRANSFER STOCKS FROM THE UNSUPERVISED CHARLES RIVER FUND TO HUTCHENS INVESTMENT GROUP. (POLICE & FIRE FIGHTERS PENSION FUND)

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

AYES - President Barry, Councilors Bray, Carr, Grebien, Hodge, Hoyas, Moran, and Wildenhain.

NOES - 0.

588 RESOLUTION IN SUPPORT OF “THE NATIONAL CAMPAIGN TO FULLY FUND IDEA” – INDIVIDUALS WITH DISABILITIES EDUCATION ACT

THE CHAIR RECOGNIZES COUNCILOR HODGE.

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

The Clerk is instructed to forward copies of this resolution to other Cities and Towns for their consideration

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

AYES - President Barry, Councilors Bray, Carr, Grebien, Hodge, Hoyas, Moran, and Wildenhain.

NOES - 0.

330 AN ORDINANCE ENTITLED “TATTOO PARLORS”

THE FOLLOWING ORDINANCE IS TAKEN UP:

AN ORDINANCE REGULATING THE HOURS OF OPERATION FOR ENTERTAINMENT LICENSES IN THE CITY OF PAWTUCKET.

THE CHAIR RECOGNIZES COUNCILOR HODGE.

With majority consent of the Council, Councilor Hodge introduces the following amendment to the above entitled ordinance:

SECTION 3. HOURS

…shall discontinue the entertainment portion between the hours of 12:30 a.m. and 10:00 a.m. ~~At 12:30 a.m.~~

Notwithstanding the foregoing, this provision shall not preclude the City Council from further restricting the hours of entertainment in order to protect the health, safety, and welfare of abutting property owners, and/or businesses.

Upon motion made by Councilor Hodge, seconded by Councilor Carr, the following amendment to the ordinance entitled “An Ordinance Regulating the Hours of Operation for Entertainment Licenses in the City of Pawtucket” is PASSED on a roll call vote, as follows:

AYES - President Barry, Councilors Bray, Carr, Grebien, Hodge, Hoyas, Moran, and Wildenhain.

NOES - 0.

SECTION 3. HOURS

…shall discontinue the entertainment portion between the hours of 12:30 a.m. and 10:00 a.m. ~~At 12:30 a.m.~~

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

AYES - President Barry, Councilors Bray, Carr, Grebien, Hodge, Hoyas, Moran, and Wildenhain.

NOES - 0.

AN ORDINANCE REGULATING THE HOURS OF OPERATION FOR ENTERTAINMENT LICENSES IN THE CITY OF PAWTUCKET, AS AMENDED.

THE FOLLOWING ORDINANCES ARE LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE, ON A UNANIMOUS VOICE VOTE:

AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET AND REPEALING CHAPTER 2551.

AN ORDINANCE FIXING THE SALARIES OF HEAD OF DEPARTMENTS AND OTHER OFFICERS OF THE CITY OF PAWTUCKET AND REPEALING CHAPTER 2537.

AN ORDINANCE FIXING THE SALARIES OF THE MEMBERS OF THE BOARD OF CANVASSERS

THE FOLLOWING PETITION FOR LICENSE WAS LAID ON THE TABLE AT THE MEETING HELD JUNE 7, 2000, AND IS AGAIN LAID ON THE TABLE, ON A UNANIMOUS VOICE VOTE:

AUTO REPAIR SHOP & SECOND HAND SHOP CLASS B (Parts Only) RENEWAL -

Lourenco DoCouto d/b/a Larry's Auto Repair, 519 Pawtucket Ave. LIC#30208 #40205

STIPULATIONS:

1. No painting or auto bodywork.

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:

AUTO REPAIR SHOP ONLY (RENEWALS) –

B. Baron Automotive, Inc. 25 Hazel Street, LIC# 30153

D & D Tire Service, Inc. d/b/a D & D Tire Service, 1117 Central Avenue, LIC# 30203

Firestone Tire & Rubber Co. 270 Broadway, LIC# 30041

AUTO REPAIR SHOP & SECOND HAND SHOP CLASS B (Parts Only) RENEWAL -

Jose Dosreis d/b/a Auto City Repair Shop, 500 Mineral Spring Avenue, LIC# 30175 & #40166

AUTOMOBILE REPAIR SHOP AND SECOND HAND SHOP LICENSES (CLASS A & B) (Selling used automobiles and parts) RENEWAL –

Pride Hyundai, Inc., 20 Division Street, LIC# 30125 & #40108

ENTERTAINMENT –

Petition of Elite Martial Arts for a license to conduct a Kick Boxing Demo at the Community Center, 242 Dexter Street on Saturday, July 8, 2000, from 7:00 p.m. until 10:00 p.m., LIC# 1350M

Petition of Pawtucket Citizens Fireworks Committee for a license to conduct a Fireworks Display/Illumination Show at McCoy Stadium, on Monday, July 3, 2000, from 9:00 p.m. until 11:00 p.m., LIC# 1410M

PEDDLER - ONE DAY SPECIAL EVENT PEDDLER LICENSE FOR 4^th OF JULY FIREWORKS CELEBRATION, ON JULY 3, 2000, FOR THE FOLLOWING INDIVIDUALS:

Robert Allie, 736 Pine Street, Central Falls, RI, LIC#63

TO PEDDLE: Food

LOCATION: Around McCoy Stadium

K & S Novelty, Inc. 29 Lauriston Street, Providence, RI LIC#15

TO PEDDLE: Balloons & Novelties

DRIVERS: Kevin Skelly, 29 Lauriston Street, Providence, RI

Allan D. Bernstein, 59 Fifth Street, Providence, RI

Theresa Manera, 156 Yeoman Avenue, Cranston, RI

LOCATION: McCoy Staduim Area

PEDDLER New Drivers –

William Frank d/b/a Candi Plus, Inc. 53 Lafayette Street, LIC# 14

TO PEDDLE: Balloons & Novelties

NEW DRIVERS: Randi Denny, 208 Grand Avenue, Pawtucket

David Hochman, 18 Western Promenade Street, Cranston

LOCATION: All of Pawtucket

PINBALL AND AMUSEMENT (RENEWALS) –

Greek Island, Inc. d/b/a George’s Neighborhood Grill & Bar, 109 Newport Avenue, (TWO), LIC#70039

Lafayette Social Club, Inc., 71-73 Benefit Street, (ONE), LIC#70021

Provincial Grand Lodge of New England of the Royal Antedeluvian Order of Buffaloes, 532 Lonsdale Ave, (TWO), LIC#70030

Romar Inc. d/b/a Sit-N-Bull Tavern, 520 Central Avenue, (ONE), LIC#70053

PRIVATE DETECTIVE (RENEWALS) –

Thomas J. Anter, 151 Lowden St. LIC#90161

Mark H. Brouwer d/b/a M. Brouwer, 255 Main St. LIC#90165

Thomas J. Feeley, 46 Vineyard St. LIC#90131

Troy Langdeau, 58 Tally Street, LIC#90170

John J. LeClair d/b/a N.P.S., 255 Main St. LIC#90153

Richard Macedo, 101 Sission St. LIC#90160

David MacLean, 393 Armistice Blvd. LIC#90164

Julio F. Medeiros, Jr., 279 Dexter Street, LIC#90151

PUBLIC LAUNDRY (RENEWALS) –

Rufus and Selinah Ajayi d/b/a The Washing Well Laundromat, 906 Main St. LIC#A0058

Angelica Textile Services Inc., 482 Pawtucket Ave. LIC#A00062

Bawa & Gill, Inc., d/b/a Tidy Mom, 11 Benefit St. LIC#A0060

Belisle's Coin Laundry Inc., 660 Broadway LIC#A0063

Helene A. Bergeron d/b/a Helene’s Laundromat, 280 Dexter St. LIC#A0064

Budz Suds Incorporated d/b/a Budz Suds Laundromat, 611 Smithfield Ave. LIC#A0051

Chaudhary, LLC d/b/a Swan Cleaners, 371 Benefit St. LIC#A0066

Carmel Izzo d/b/a Lonsdale Super Wash, 457 Lonsdale Ave. LIC#A0050

Lawrence P. & Lynda J. Coleman d/b/a Mrs. C’s, 333 Armistice Blvd. LIC#A0006

George & Libie Leonard d/b/a Stanley Systems Cleaners & Mr. USA, 224 East Ave. LIC#A0017

Management Consultant & Investment Corp., d/b/a Caribbean Cleaners, 720 Cottage St. LIC#A0067

New England Linen Supply Inc., 20 Rhode Island Ave. LIC#A0021

Linda M. Roselli d/b/a Coin-Op, 504 Pawtucket Ave. LIC#A0053

Oladipo Solola d/b/a Langley’s Laundry, 265 Pawtucket Avenue, LIC#A0043

George Souza d/b/a G & M Laundromat, 530 Broadway, LIC#A0028

Sunshine Laundromat, Inc., 192 Division Street, LIC#A0040

Robert A. Tice d/b/a Star Cleaners & Coin Laundry, 614 Central Avenue, LIC#A0049

Woodlawn Laundry & Cleansers, Inc. 197 Glenwood Ave. LIC#A0031

*THE FOLLOWING BONDS ARE APPROVED, SURETIES NAMED ARE ACCEPTED:

PRIVATE DETECTIVE –

Mark H. Brouwer, Surety – Western Surety Company

Thomas J. Feeley, Surety – Western Surety Company

Troy Langdeau, Surety – Western Surety Company

David Maclean, Surety – Western Surety CompanyJulio F. Medeiros, Jr., Surety – Western Surety Company

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

Rory D. Billig - $1,403.96/$1,450.93

Olga Dziedzic – NO AMOUNT SPECIFIED

Alex Harris/Anita Boriboon/Virginia Jones, by Atty. James P. Howe – NO AMOUNT SPECIFIED

Edward J. Martin - $781.92/$1,057.50

COUNCILOR CLEMENTE RETURNS TO THE CHAMBER AT TEN SEVENTEEN O’CLOCK P.M.

588 Communication from His Honor, Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council. (Resolution supporting a Floor Amendment to Delete Section 5 of Article 20 of 2000-H 7862 Sub. A, entitled “An act making appropriations for the support of the State for the fiscal year ending June 30, 2001,” – Elimination of residency requirements), is READ AND ORDERED FILED.

THE FOLLOWING RESOLUTION IS TAKEN UP:

RESOLUTION SUPPORTING A FLOOR AMENDMENT TO DELETE SECTION 5 OF ARTICLE 20 OF 2000-H 7862 SUB. A, ENTITLED “AN ACT MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR FISCAL YEAR ENDING JUNE 30, 2001.” (Elimination of Residency Requirements)

THE CHAIR RECOGNIZES COUNCILOR HOYAS.

With majority consent of the Council, Councilor Hoyas introduces the following amendment to the above entitled resolution:

Delete the following:

~~WHEREAS, the Pawtucket City Council believes that this budget provision is not in the best interest of the City of Pawtucket.~~

Upon motion made by Councilor Hoyas, seconded by Councilor Moran, the following amendment to the resolution entitled “Resolution supporting a Floor Amendment to Delete Section 5 of Article 20 of 2000-H 7862 Sub. A, entitled “An act making appropriations for the support of the State for the fiscal year ending June 30, 2001,” – Elimination of residency requirements,” is PASSED on a roll call vote, as follows:

AYES - President Barry, Councilors Bray, Carr, Clemente, Grebien, Hodge, Hoyas, Moran, and Wildenhain.

NOES - 0.

Delete the following:

~~WHEREAS, the Pawtucket City Council believes that this budget provision is not in the best interest of the City of Pawtucket.~~

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

AYES - President Barry, Councilors Bray, Carr, Clemente, Grebien, Hodge, Hoyas, Moran, and Wildenhain.

NOES - 0.

588 RESOLUTION SUPPORTING A FLOOR AMENDMENT TO DELETE SECTION 5 OF ARTICLE 20 OF 2000-H 7862 SUB. A, ENTITLED “AN ACT MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE FOR FISCAL YEAR ENDING JUNE 30, 2001.” (Elimination of Residency Requirements), AS AMENDED.

Upon motion made by Councilor Bray, seconded by Councilor Wildenhain, the meeting is adjourned at ten thirty-six o’clock p.m.