October 11, 2000 - Regular City Council Session

 

City Council, October 11, 2000

 

A regular session of the Pawtucket City Council is held Wednesday, October 11, 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, and Wildenhain.

 

Absent – Councilors Hodge, Hoyas, and Moran.

 

President Barry presides.

 

The reading of the records of September 20, 2000, is dispensed with and the records are APPROVED as prepared by the Clerk.

 

Upon motion made by Councilor Bray, seconded by Councilor Grebien, 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 June 30, 2000)

 

622      B.  Communication from Ronald F. Travers, Director, Zoning and Code Enforcement, to Council President John Barry, III, & Council Members.  (70-72 Reservoir Avenue)

 

126      C.  Draft Minutes from the Pawtucket Parks Commission Meeting on September 9, 2000.

 

65        D.  Communication from Paul T. Kennedy, Director of Safety, Rhode Island Trucking Association, Inc. to the Honorable John J. Barry, III, President, City Council.  (“No Trucks” on Division St. Bridge)

 

623      E.  Communication from Angel S. Garcia, Director of Personnel, to the Honorable Members of the Pawtucket City Council.  (Amendment to Pay Plan Ordinance Ch. 2567 – Delete: Police Jr. Accountant; Add: Police Traffic Clerk and Accountant II)

 

595      F.  Communication from Michael D. Cassidy, Executive Director, Pawtucket Redevelopment Agency, to the Honorable City Council.  (Notice of Approval of Residential Rehabilitation Loans)

 

624      G.  Communication from J. Roque, Purchasing Agent, to the Honorable City Council.  (Emergency Purchase Orders - June, July, August, and September)

 

028      H.  Communication from Daniel C. Halloran, Council President, North Smithfield Town Council, to John J. Barry, III, City Council President, City of Pawtucket.  (Legal Issue – Electric Generating Facility)

 

588      ** I.  Communication from Robert W. Burns, Deputy Tax Assessor, to Janice M. LaPorte, CMC, Clerk, Pawtucket City Council.  (Tax Appeal Fee)

 

588      J.  Communication from Ronald F. Travers, Director, Zoning and Code Enforcement, to Council President John Barry, III & Council Members.  (Tax Appeal Board Application Fee)

 

588      K.  Communication from His Honor, Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council.  (Moratorium on Tax Appeal Filing Fee)

 

588      L.  Communication from Thomas E. Hodge, Councilman-at-Large, to Council President John Barry.  (Moratorium on Tax Appeal Filing Fee)

 

588      M.  Communication from His Honor, Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council.  (Recommendation on the reuse of the Pawtucket Amory) Please Note: Copies are available in the City Clerk’s Office.

 

588      N.  Communication from His Honor, Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council recommending that certain performance criteria be met by Sandra Feinstien – Gamm Theater for the reuse of the Pawtucket Armory by December 31, 2000.

 

588      O.  Communication from Maris & Kenneth Hanson, to the Honorable City Council.  (Letter to Mayor Doyle regarding the Armory Building)

 

616      P.  Communication from Michael E. Burns, Traffic Engineering Supervisor, to the Honorable City Council.  (Felsmere Avenue)

 

**        TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY, NO OTHER ACTION TAKEN.

 

Petition for a Class C Second Hand Shop License of Deborah A. Connor d/b/a Mom’s Little Dickens, 20 Carter Avenue, Tax Assessor’s Plat 18, Lot 970, to keep a shop for the purpose of purchasing and selling second hand articles, specifically used children’s clothing, toys, equipment, etc. LIC# 40264, which was advertised for a hearing at this time, is taken up:

 

Speaking in favor is applicant, Deborah Connor.

 

Ms. Connor states that this will be an upscale store for the resale of children’s clothing.

 

Councilor Wildenhain states that nothing should be placed outside and that all items are to be kept inside the building.

 

There are no other speakers.

 

The hearing is closed.

 

THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.

 

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

 

Petition for a Class C Second Hand Shop License of Deborah A. Connor d/b/a Mom’s Little Dickens, 20 Carter Avenue, Tax Assessor’s Plat 18, Lot 970, to keep a shop for the purpose of purchasing and selling second hand articles, specifically used children’s clothing, toys, equipment, etc. LIC# 40264

 

STIPULATION:

1.  No items are to be placed outside the building for sale or display.

 

622      Communication from Ronald F. Travers, Director, Zoning and Code Enforcement, to Council President John Barry, III, & Council Members.  (Antonio J. Marques d/b/a Tony & Sons Auto Service, 551 Central Avenue), is READ AND ORDERED FILED.

 

Communication from Steven Brown, Executive Director, ACLU, to Mayor James E. Doyle.  (Tattoo Ordinance §2-5), is READ AND ORDERED FILED, and is REFERRED TO THE ORDINANCE COMMITTEE.

 

Communication from Mark Therrien, Assistant General Manager of Transit Service Development, RIPTA, to John Barry, City Council President, requesting permission to place 5 new bus shelters on city property and replace 20 existing bus shelters, is READ AND ORDERED FILED, and is REFERRED TO THE CITY PROPERTY COMMITTEE.

 

Communication from Donald Gagnon, to the Honorable City Council.  (Request to purchase Lots 258 & 260 on Plat 46, between Ivy & Palm Streets) is READ AND ORDERED FILED, and is REFERRED TO THE CITY PROPERTY COMMITTEE AND THE CITY PLANNING COMMISSION.

 

Communication from Janice M. LaPorte, CMC, Clerk, to the Honorable Members of the Pawtucket City Council, submitting the following reappointment, by Council President Barry, as a member of the Pension Board.

 

PENSION BOARD

 

589      David A. Coughlin, 9 Armistice Boulevard, Pawtucket, RI  02860.  Term expires the first Monday in January, 2002, is READ AND ORDERED FILED.

 

The following nomination submitted by Council President Barry, is APPROVED on a roll call vote as follows, PENDING CONFIRMATION FROM MAYOR JAMES E. DOYLE:

 

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

NOES – 0.

PENSION BOARD

 

David A. Coughlin, 9 Armistice Boulevard, Pawtucket, RI  02860.  Term expires the first Monday in January, 2002

 

UPON RECOMMENDATION OF THE FINANCE COMMITTEE, A PUBLIC HEARING IS SCHEDULED FOR THE FOLLOWING REQUEST FOR A TAX TREATY ON WEDNESDAY, OCTOBER 25, 2000 AT 8:00 P.M.:

 

Communication from Richard Desrosiers d/b/a RD Realty, to John Barry, President, Pawtucket City Council.  (Tax Treaty Request - 80 Fountain Street).

 

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

 

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

NOES - 0.

 

1          Ratification of the Collective Bargaining Agreement between the City of Pawtucket and FOP Lodge No. 4 – July 1, 1999, to June 30, 2000.  (Copies are available in the City Clerk’s Office)

 

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

 

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

 

NOES - 0.

 

588      RESOLUTION DESIGNATING SANDRA FEINSTEIN – GAMM THEATRE AS THE PREFERRED DEVELOPER FOR THE REUSE OF THE PAWTUCKET ARMORY.

 

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

 

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

 

NOES - 0.

 

635      RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A LEASE BETWEEN THE CITY OF PAWTUCKET AND TAMERA EMMETT FOR THE FORMER SLATER PARK ZOO (DAGGETT FARM)

 

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

 

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

 

NOES - 0.

 

588      RESOLUTION REQUESTING THE ATTACHED “CITY OF PAWTUCKET PARKS AND RECREATION SPECIAL USE APPLICATION” FORM BE PART OF THE APPLICATION TO THE CITY COUNCIL FOR USE OF SLATER PARK BY OUTSIDE VENDORS.

 

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

 

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

 

NOES - 0.

 

588      RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ENTER INTO A CONTRACT FOR A TWO YEAR TERM FINANCE LEASE WITH LASALLE BANK NATIONAL LEASING CORP.

 

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

 

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

 

NOES - 0.

 

588      RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PURGE AUTO AND TANGIBLE RECORDS ANNUALLY IN THE MONTH OF JUNE, FOR THE LATEST YEAR, LEAVING ONLY TEN YEARS IN RECEIVABLES.

 

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

 

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

 

NOES - 0.

 

588      RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO SELL STOCKS FROM THE CHARLES RIVER FUND AND PLACE THE PROCEEDS WITH THE CITY’S CUSTODIAN, STATE STREET BANK AND TRUST COMPANY.  (POLICE AND FIRE FIGHTERS PENSION FUND)

 

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

 

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

 

NOES - 0.

 

588      RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO REALLOCATE $2.5 MILLION FROM HUTCHINS INVESTMENT MANAGEMENT ACCOUNT TO THE SEB ASSET MANAGEMENT AMERICA INC., GROUP. (POLICE AND FIRE FIGHTERS PENSION FUND)

 

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

 

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

 

NOES - 0.

 

RESOLUTION APPROVING THE RULES AND REGULATIONS OF THE PENSION BOARD.

 

Add the following to Page 6 of the Pension Board Rules:

 

11. The Board recognizes that the Rules and Regulations require City Council approval in accordance with City Code Chapter 11.29.  The Board further recognizes that the City Code Chapter 59 appoints the Finance Director as custodian of the Police and Fire Fighters Pension Fund and empowers the Director to invest, reinvest and change the form of the funds with the approval of the City of Pawtucket’s Finance Committee.

 

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

 

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

 

NOES - 0.

 

588      RESOLUTION APPROVING THE RULES AND REGULATIONS OF THE PENSION BOARD, AS AMENDED.

 

UPON RECOMMENDATION OF THE FINANCE COMMITTEE, 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, and Wildenhain.

 

NOES - 0.

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 2567 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED “AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET” AS AMENDED. (PARALEGAL)

 

UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING ORDINANCE IS LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 59 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “PENSIONS” (Firefighter’s Pension and Firefighter’s & Police Pension)

 

The following ordinance is a LAID ON THE TABLE and REFERRED TO THE FINANCE COMMITTEE on a unanimous voice vote:

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 2567 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED “AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET” AS AMENDED. (Delete: Police Jr. Accountant; Add:  Police Traffic Clerk and Accountant II)

 

UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE A PUBLIC HEARING IS SCHEDULED FOR WEDNESDAY, NOVEMBER 8, 2000, AT 8:00 P.M. ON THE FOLLOWING:

 

ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET (ZONING ORDINANCE TEXT AND OFFICIAL ZONING MAPS)

 

642      Communication from Bill Mulholland, Superintendent of Parks and Recreation, to the Pawtucket City Council, requesting approval to hold the Native American Pow-Wow at Daggett Farm on October 21 & 22, 2000, and Pumpkins in the Park in Slater Park Histori Core on October 27 – 31, 2000, is READ AND ORDERED FILED and is APPROVED ON A UNANIMOUS VOICE VOTE.

 

028 & LIC       Communication from Charles Augenti d/b/a First Stop Auto, 624 York Avenue, to the Honorable Members of the Pawtucket City Council, requesting the addition of his partner, Henry Turner, to the Auto Repair Shop and Seond Hand Shop Class A Licenses, is READ AND ORDERED FILED, and the request to add partner, Henry Turner, to the licenses is APPROVED ON A UNANIMOUS VOICE VOTE.

 

The following licenses are APPROVED on a unanimous voice vote:

 

VICTUALLING HOUSE 1^st Class –

 

The German/American Cultural Society of Rhode Island (Transfer from Gesang Verein Eintract – German Singing Society), 78 Carter Avenue, LIC# 00576

 

Teodoro & Benvindo DePina d/b/a E. A. Tavern (Transfer from Fred’s Place, Inc.), 4 Grace Street, LIC# 00577

 

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

TATTOO PARLOR New –

 

The Edge Beauty Shop III, LLC., 1518 Newport Avenue, LIC# T0001

Glenn Dummer d/b/a Bulldog Tattoo, 431 Benefit Street, LIC# T0002

Regina Stabinsch d/b/a Body Vogue, 818 Newport Avenue, LIC# T0003

 

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

 

PAWN BROKER –

 

H & B Associates d/b/a Pawtucket Pawn Brokers, Surety – Western Surety Company

 

PRIVATE DETECTIVE –

 

Richard E. Macedo, Surety – Western Surety Company

 

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

 

Charles Coico - $529.15/$664.55

Charles Coico - $400.00/$445.00

Helen Rankin, by Atty. Mark P. Welch - $50,000.00

Belkis Read, by Atty. Christopher E. Fay – NO AMOUNT SPECIFIED

Ebrima Samba - $492.27/$577.95

Candida Santana - $661.61/$724.44

Adam W. Terry – $425.76/$464.55

 

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 Barry, Councilors Bray, Carr, Clemente, Grebien, and Wildenhain.

 

NOES - 0.

 

Enterprise Rent-A-Car - $1,462.66

 

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 Barry, Councilors Bray, Carr, Clemente, Grebien, and Wildenhain.

 

NOES - 0.

 

Ron Fortier – $237.18

 

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 Barry, Councilors Bray, Carr, Clemente, Grebien, and Wildenhain.

 

NOES - 0.

 

Beatrice Joyal - $1,489.24

 

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 Barry, Councilors Bray, Carr, Clemente, Grebien, and Wildenhain.

 

NOES - 0.

 

Joseph Morena - $1,665.63

 

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS TAKEN UNDER ADVISEMENT AND REFERRED TO THE LEGAL DEPARTMENT, ON A UNANIMOUS VOICE VOTE:

 

Susan H. Heaney - $1,000.00

 

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE DENIED, ON A UNANIMOUS VOICE VOTE:

 

Matthew Allard, by Atty. Michael W. Favicchio – No Amount Specified

Miltiadis Stratis, by Atty. Dino A. Brosco - $100,000.00

Pawtucket Citizens Development Corp. - $500.00/$2,200.00/$4,966.64

 

Upon motion made by Councilor Bray, seconded by Councilor Grebien, the meeting is adjourned at eight thirty-two o’clock p.m.