March 22, 2000 - Regular City Council Session

City Council, March 22, 2000

A regular session of the Pawtucket City Council is held Wednesday, March 22, 2000, at eight o’clock p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.

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

Absent – 0.

President Barry presides.

THE COUNCIL RECESSES IMMEDIATELY TO CONDUCT THE FOLLOWING PUBLIC HEARINGS:

TRANSPORTATION IMPROVEMENT PROGRAM (TIP) FOR FY 2001-2002

AN ORDINANCE IN AMENDMENT OF CHAPTERS 1810, 1845, 1853, 1899, 1933, 2007, 2037, 2114, 2269, 2496, 2511, OF THE ORDINANCES OF THE CITY OF PAWTUCKET, APPROVING AMENDMENT NO. 13 TO THE REDEVELOPMENT PLAN FOR THE COMMUNITY DEVELOPMENT PROGRAM, AMENDING SAID PLAN BY ADDING THERETO PROVISIONS FOR COMMUNITY DEVELOPMENT AREAS FOR PROJECT NO. P-CDA XXV. (SEE EXHIBIT A)

THE COUNCIL RECONVENES AT EIGHT SIXTEEN O’CLOCK P.M.

The reading of the records of March 8, 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 February 29, 2000)

028 B. Communication from American Broadband, Inc, by its attorneys, Tillinghast Licht Perking Smith & Cohen, LLP, to Janice M. LaPorte, CMC, City Clerk. (Application for Cable Television System)

1 C. Billing records submitted by the companies on the City’s Tow List for the snowstorm on February 18, and 19, 2000.

028 D. Communication from Patricia A. Valliere, CMC, Town Clerk, Town of Richmond, to Janice M. LaPorte, CMC, City Clerk. (Resolution in support of 2000-H 6966 relative to state aid to education)

638 E. Communication from Richard J. Goldstein, Chair, Pawtucket 2020 Committee, to the Honorable James E. Doyle, Mayor, City of Pawtucket. (Marketing Strategy for the City of Pawtucket)

641 F. Communication from Paul Pion, Supervisor of Parks, to the Pawtucket City Council Property and Parks Commission Sub Committee. (Daggett Farm Riding Academy – Financial Reports)

614 G. Communication from John E. Carney, Director of Public Works, to Pamela M. Callahan, P.E., Chief Engineer, Pawtucket Water Supply Board. (Areas of Concern)

622 H. Communication from Ronald F. Travers, Director, Zoning and Code Enforcement, to Council President John Barry, III, and Council Members. (156-158 South Bend Street)

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

578 J. Communication from Jack Reed, United States Senator, to Janice M. LaPorte, CMC, Clerk. (HUD Investigation)

028 K. Communication from Frederick R. Love, Chair, Historic District Commission, to the Honorable City Council. (Historic District Commission Annual Report – 1999)

1 L. Communication from George L. Kelley, III, Chief of Police, to Janice M. LaPorte, CMC, City Clerk. (Report on Power Road, Weeden Street and Coble Hill Road)

616 M. Communication from Michael E. Burns, Traffic Engineering Supervisor, to the Pawtucket City Council. (Power Road at Weeden Street)

126 N. Draft Minutes of March 7, 2000, meeting of the Pawtucket Parks Commission.

7 O. Communication from Pamela M. Callahan, P.E., Chief Engineer, Pawtucket Water Supply Board, to the Pawtucket City Council. (PBA/PWSB Request for $6,075,000 from Bond Funds)

590 P. Communication from His Honor, Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council. (Construction Moratorium in the City), is READ AND ORDERED FILED.

THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.

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

Councilor Clemente requests that an Ad Hoc Committee be appointed to study a moratorium on new construction in the city.

PRESIDENT BARRY STATES THAT HE WILL APPOINT AN AD HOC COMMITTEE AT THE NEXT COUNCIL MEETING.

Petition for a Second Hand Shop License of Tina Polion d/b/a Tina’s Trinkets and Treasures, at 172 Armistice Blvd, Tax Assessor’s plat 19, lots 244 & 245, for the purpose of selling second hand articles, specifically: household articles, clothing, trinkets and treasures, LIC# 40259, which was advertised for a hearing at this time, is taken up:

Speaking in favor is applicant Tina Polion.

Ms. Polion states that she will be selling second hand trinkets and treasures, clothing, nick knacks, and dishes.

All items will be kept inside, and there is adequate parking for four (4) vehicles in the lot.

The next speaker is Leo Fox, Armistice Boulevard.

Mr. Fox states that he is not in opposition but is confused and concerned with the activities going on at this location.

He is also concerned with signs flashing all night that disturbs him by shining in the window of his house across the street.

He states that there are parking problems already and this business will add to the congestion.

He is concerned with the over all use of this property and requests that no lighted signs be left on in the evening.

Ms. Polion states that she will not be open at night and will not have lighted signs and will comply with all zoning regulations.

There are no other speakers.

The Hearing is closed.

THE CHAIR RECOGNIZES COUNCILOR GREBIEN.

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

STIPULATIONS:

1. Signage must be approved and in compliance with zoning regulations.

2. No lighted signage allowed.

THE CHAIR RECOGNIZES COUNCILOR GREBIEN.

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

The Clerk is instructed to send a communication to Ronald F. Travers, Director, Zoning and Code Enforcement, requesting that he inspect the building at 172 Armistice Boulevard to determine what other businesses are being conducted there.

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 Robin O’Neill, School Nurse Teacher at Nathanael Greene School) is READ AND ORDERED FILED, and is REFERRED TO THE ORDINANCE COMMITTEE.

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 Julie Ann Lunn, Art Teacher) is READ AND ORDERED FILED, and is REFERRED TO THE ORDINANCE COMMITTEE.

622 Communication from Ronald F. Travers, Director, Zoning and Code Enforcement, to Council President John Barry, III, and Council Members. (Dumpsters) is READ AND ORDERED FILED, and is REFERRED TO THE ORDINANCE COMMITTEE.

THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.

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

The Clerk is instructed to send a communication to Ronald F. Travers, Director, Zoning and Code Enforcement, requesting that in addition to changing sections of the ordinance regulating dumpsters, that he look into clothing containers, which are placed on private parking lots throughout the city, and how these containers should be addressed.

Communication from His Honor, Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council, submitting a correction in the term of the following reappointment as a member of the Purchasing Board, FOR CONFIRMATION:

PURCHASING BOARD

589 Barbara M. Gray, 39 Rocco Avenue, Pawtucket, RI 02860. Term expires the first Monday in January, 2003, is READ AND ORDERED FILED.

The following nomination submitted by His Honor, Mayor James E. Doyle, for confirmation is CONFIRMED on a roll call vote, as follows:

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

NOES - 0.

PURCHASING BOARD

Barbara M. Gray, 39 Rocco Avenue, Pawtucket, RI 02860. Term expires the first Monday in January, 2003

UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE, AN EXTENSION OF THE RESIDENCY REQUIREMENT UNTIL THE END OF THE SCHOOL YEAR IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:

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

NOES – Councilor Moran.

632 Request for an extension of the residency requirement at the School Department for Dorothy Fenner, Agnes Little Reading Teacher.

COUNCILOR BRAY LEAVES THE CHAMBER AT EIGHT THIRTY-SEVEN O’CLOCK P.M.

UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE, THE FOLLOWING REQUEST FOR A WAIVER IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:

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

NOES – Councilor Moran.

632 Request for a waiver of the residency requirement at the School Department for Amy J. Shaker, Occupational Therapist.

UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE, THE FOLLOWING REQUEST FOR A WAIVER IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:

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

NOES – Councilor Moran.

632 Request for a waiver of the residency requirement at the School Department for Sarah Pacheco, Occupational Therapist.

COUNCILOR BRAY RETURNS TO THE CHAMBER AT EIGHT FORTY-ONE O’CLOCK P.M.

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

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

NOES - 0.

635 RESOLUTION IN AMENDMENT OF THE LEASE AGREEMENT FOR TAMERA EMMETT, FOR THE USE OF A PORTION OF THE FORMER SLATER PARK ZOO (Daggett Farm.)

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 Michael E. Burns, Traffic Engineering Supervisor, regarding traffic concerns the Council has with the new Pawtucket Credit Union under construction on Central Avenue.

The Council is requesting that Mr. Burns contact John T. Gannon, attorney for the Pawtucket Credit Union, to ask if any consideration has been given to a traffic plan, if there is no traffic plan, a meeting is to be scheduled with Pawtucket Credit Union, Mr. Burns, and Councilor Moran.

The following resolution is LAID ON THE TABLE on a unanimous voice vote:

RESOLUTION TO PLACE A REFERENDUM ON THE NOVEMBER 7, 2000, BALLOT TO REAFFIRM, AND NOT REPEAL SECTION 7-111 OF THE HOME RULE CHARTER OF THE CITY OF PAWTUCKET ENTITLED “RESIDENCY REQUIREMENTS.”

THE CHAIR RECOGNIZES COUNCILOR MORAN.

With majority consent of the Council, Councilor Moran introduces the following change of language for the question to be placed on the November 7, 2000, ballot regarding residency:

“Shall section 7-111 of the Home Rule Charter of the City of Pawtucket, entitled ‘Residency Requirements’, that requires all individuals seeking employment with the City of Pawtucket to live in the City of Pawtucket during the period of such employment, be approved or rejected?”

Upon motion made by Councilor Moran, seconded by Councilor Carr, the following change of language for the question to be placed on the November 7, 2000, ballot regarding residency, is REFERRED TO THE LEGAL DEPARTMENT on a unanimous voice vote:

The following resolution is read 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 IN SUPPORT OF 2000-H 7683, “AN ACT RELATING TO MOTOR VEHICLE OFFENSES”

THE FOLLOWING RESOLUTION WAS LAID ON THE TABLE AT THE MARCH 8, 2000, MEETING AND IS AGAIN LAID ON THE TABLE:

RESOLUTION IN SUPPORT OF BONDING LEGISLATION FOR THE CITY OF PAWTUCKET.

The following resolution is read 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 AUTHORIZING THE PUBLIC BUILDINGS AUTHORITY TO RELEASE $6,075,000 OF THE $10,000,000 BOND ISSUE APPROVED BY THE VOTERS ON NOVEMBER 4, 1997 FOR IMPROVEMENTS TO THE PAWTUCKET WATER SUPPLY SYSTEM AND REPEALING RESOLUTION PASSED JANUARY 19, 2000, AUTHORIZING THE RELEASE OF $1.2 MILLION.

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

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

NOES – Councilor Hoyas.

THE FOLLOWING ORDINANCE IS LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE:

AN ORDINANCE ESTABLISHING FEES FOR REMOTE ACCESS OF LAND EVIDENCE RECORDS IN THE CITY OF PAWTUCKET.

THE FOLLOWING PETITION FOR LICENSE WAS LAID ON THE TABLE AT THE MARCH 8, 2000, MEETING, AND IS AGAIN LAID ON THE TABLE:

VICTUALLING HOUSE 1^st Class –

Caribbean Entertainment, Inc. d/b/a Cosmopolitan Club (transfer of 100% of stockholders,) 25 Roosevelt Avenue Extension, LIC# 00558

The following license is APPROVED on a unanimous voice vote:

VICTUALLING HOUSE 1^stClass –

Cidade Velha Lounge, Inc. d/b/a C V Lounge (transfer from Two Guys, Inc. d/b/a Bob’s Lounge) 214 Broad Street, LIC# 00559

*The following licenses are APPROVED on a unanimous voice vote:

ENTERTAINMENT –

Petition of Elite Martial Arts Center for a license to conduct a Martial Arts Expo at 242 Dexter Street on Saturday, March 25, 2000, from 7:00 p.m. until 10:00 p.m., LIC# 1339M

Petition of German American Cultural Society for a license to conduct a Singer Fest & German Picnic with a live band at 78 Carter Avenue on Sunday, June 25, 2000, from 9:00 a.m. until 6:00 p.m., LIC# 1338M

Petition of Robin Sullivan for a license to conduct a Martial Arts Tournament at Jenks Jr. High School on April 2, 2000, from 8:00 a.m. until 2:30 p.m., LIC# 1340M

Complete Count Committee for license to conduct Census Festival at 2 Lonsdale Ave (U-Haul Parking Lot) from 12 Noon – 4:00 p.m., LIC# 1341M

PAWN BROKER Renewal –

H & B Associates d/b/a Pawtucket Pawn Brokers, 261 Main Street, LIC# L0001

PRIVATE DETECTIVE New –

Richard P. Angelo d/b/a Colonial Investigative Group, 255 Main Street, LIC# 90171

PUBLIC LAUNDRY –

Management Consultant & Investment Corp. d/b/a Caribbean Cleaners, (Previously James W. McKenna d/b/a Mark-Johnston) 720 Cottage Street.

SUNDAY SALES 1^stClass –

Bahr’s Market d/b/a Dairy Mart 38 (Previously DB Marketing Company, Inc. d/b/a Dairy Mart), 232 Columbus Avenue, LIC# 20369

SUNDAY SALES 1^st Class New –

Cala Fruit Distributors, Incorporated, 71 Dexter Street, LIC# 20367

SUNDAY SALES 1^stClass Renewals –

Barney’s Bakery, Inc., d/b/a Barney’s, 727 East Avenue, LIC# 20009

Central Avenue Donuts, Inc., d/b/a Dunkin Donuts, 1113 Central Avenue, LIC# 20295

Jim & Lori, Inc., d/b/a J L Super Stores, 848 Newport Avenue, LIC# 20103

R.J.W. Inc., d/b/a Dunkin Donuts Enterprises, 337 Armistice Blvd., LIC# 20059

P.J. New England LLC d/b/a Papa John’s, 379 Smithfield Avenue, LIC# 20314

P.J. New England LLC d/b/a Papa John’s, 295 Armistice Boulevard, LIC#20315

Pamela L. Carter d/b/a Pamela’s Pastry Shoppe, 832 Newport Avenue, LIC# 20018

SUNDAY SALES 2^nd Class Renewals –

Hawa Camara d/b/a Fanta’s Cosmetics and Beauty Supply, 618 Broadway, LIC# 20351

Colonial Mills Inc., d/b/a Rug Factory Store, 560 Mineral Spring Avenue, LIC# 20088

Family Dollar Stores, Inc., 320 Dexter Street, LIC# 20089

Kodou Kante d/b/a Sandaga Hair Products, 611 Main Street, LIC# 20357

Precision Harley Davidson, Inc., 269 Armistice Blvd, LIC# 20203

U-Haul Company of Rhode Island, Inc. d/b/a U-Haul Center of Pawtucket, 2 Lonsdale Avenue, LIC# 20360

Margaret M. Lussier d/b/a J & M Antiques & Used Furniture, 386 Central Avenue, LIC# 20298

SUNDAY SALES 3^rd Class Renewal –

Joseph E. Moore, Jr. d/b/a Moore’s Florist, 160 Smithfield Avneue, LIC# 20323

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

PAWN BROKER –

Paul Moskwa, Surety – Western Surety Company

PRIVATE DETECTIVE –

Richard Angelo, Surety – United Pacific Insurance Company

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

Sharon A. Ahern - $422.00/$468.04

Ana L. Crespo - $694.58/$2089.75

Gordon S. Langille - $402.86/$407.32/$1357.37/$1533.06

Raul Ortiz - $1469.78/$1069.28

Kathleen E. Sorel & Daniel Fillmore, by Atty. Melissa F. Weber - $261,092.70

THE CHAIR RECOGNIZES COUNCILOR CARR.

With majority consent of the Council, Councilor Carr introduces the following claim for damages against the city:

Claim of George D. Johnson - $2698.58/$3000.00 + $61.25 Tow Charge

Upon motion made by Councilor Carr, seconded by Councilor Hodge, the following claim for damages against the city is REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:

Claim of George D. Johnson - $2698.58/$3000.00 + $61.25 Tow Charge

COUNCILOR BRAY LEAVES THE CHAMBER AT NINE FIVE O’CLOCK P.M.

THE CHAIR RECOGNIZES COUNCILOR CARR.

Upon motion made by Councilor Carr, seconded by Councilor Clemente, the amount of the following claim is amended to pay $3012.16, which includes the total amount of the rental car.

Rilma Cuevas Adorno – $3012.16

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED FOR PAYMENT, AS AMENDED, ON A ROLL CALL VOTE, AS FOLLOWS: