July 11, 2001 - Regular City Council Session

City Council, July 11, 2001

A regular session of the Pawtucket City Council is held Wednesday, July 11, 2001, at eight o’clock p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.

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

Absent – Councilors Clemente and Grebien.

President Barry presides.

The reading of the records of June 20, 2001, 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:

623 A. Communication from Angel S. Garcia, Director of Personnel, to the Honorable Members of the Pawtucket City Council. (Arbitrator’s Decision of the Collective Bargaining Agreement between the City of Pawtucket and FOP Lodge No. 4 – July 1, 2000 to June 30, 2001)

3 ** B. Communication from Varieur School Students to Richard J. Goldstein, Government Affairs. (School Tour)

028 C. Notice from the RI Department of Environmental Management of Proposed RI Pollutant Discharge Elimination System Regulation Amendments and Public Hearing.

028 D. Communication from Marcia D. Carsten, Charlestown Town Clerk, to RI City and Town Council Members. (Resolution in opposition to the high volume container port proposal at Quonset-Davisville)

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

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

THE FOLLOWING PETITION FOR LICENSE IS TAKEN UP AND IS STRICKEN FROM THE RECORD DUE TO IMPROPER ADVERTISING:

Petition for Auto Repair Shop and Second Hand Shop Licenses (Class A – Selling Used Automobiles) by Cisco’s Performance Center Inc. d/b/a Cisco’s Performance Auto Sales, (Previously Four Corners Auto Sales) 264 Weeden Street, Tax Assessor’s Plat 45, Lot 455, to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically: Used Automobiles, LIC# 30261 & 40271, which was advertised for a hearing at this time, is taken up:

609 Communication from Mary C. Hanley, Manager – Right of Way, Verizon, to Janice M. LaPorte, CMC, City Clerk. (2^nd Revision to the proposed excavation to place an additional 192’ of conduit from P.8 to existing P.5 on Concord Street) is READ AND ORDERED FILED, and is APPROVED PENDING THE APPROVAL OF THE DIRECTOR OF PUBLIC WORKS.

UPON RECOMMENDATION OF THE CITY PROPERTY COMMITTEE, THE FOLLOWING REVISED RFP IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:

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

NOES - 0.

614 REQUEST FOR PROPOSALS – LEASE OF A PORTION OF THE DAGGETT FARM FACILITY.

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, Hodge, Hoyas, Moran, and Wildenhain.

NOES - 0.

588 RESOLUTION AUTHORIZING THE PAWTUCKET FIREMEN’S RELIEF ASSOCIATION TO PLACE A MONUMENT IN MEMORY OF DECEASED PAWTUCKET FIREFIGHTERS IN VETERANS’ MEMORIAL PARK, LOCATED ADJACENT TO CITY HALL, SUBJECT TO ALL PLANS AND WORK ON THE MONUMENT BEING APPROVED BY THE DIRECTOR OF PLANNING AND REDEVELOPMENT.

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

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

NOES - 0.

330 AN ORDINANCE LIMITING THE HOURS OF OPERATION OF CLASS B LIQUOR LICENSE HOLDERS.

THE CHAIR RECOGNIZES COUNCILOR HODGE.

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

The Clerk is instructed to send a communication to all Class B Liquor License Holders notifying them that they must cease operation each evening at 1:00 a.m. effective immediately.

THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.

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

The Clerk is instructed to send a communication to Michael D. Cassidy, Director, Planning and Redevelopment, and Barney Heath, Assistant Director, Planning and Redevelopment, requesting that they look into the possibility of erecting a fence at Winters School in the rear of the property in the vicinity of the basketball area.

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

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

NOES - 0.

330 AN ORDINANCE IN AMENDMENT OF SECTION 351-14 OF THE PAWTUCKET CODE OF ORDINANCES, 1996, “OBSTRUCTING SIDEWALKS WITH SIGNS AND MERCHANDISE; SANDWICH BOARDS; PENALTY PROVISIONS,” (Sidewalk Sales and Outdoor Displays)

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

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

NOES - 0.

330 AN ORDINANCE IN AMENDMENT OF SECTION 116-37 (A), OF THE PAWTUCKET CODE OF ORDINANCES, 1996, REQUIRING REGISTRATION OF CERTAIN BREEDS OF DOGS. (Pit Bull & Rotweiller Breeds)

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

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

NOES - 0.

AN ORDINANCE ESTABLISHING A PAWTUCKET CONVERGENCE FUND.

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 Barry, Councilors Bray, Carr, Hodge, Hoyas, Moran, and Wildenhain.

NOES - 0.

AN ORDINANCE IN AMENDMENT OF SECTION 59-24 OF THE PAWTUCKET CODE OF ORDINANCES, 1996, “FIREFIGHTER’S AND POLICE PENSION FUND – TOTAL AND PERMANENT DISABILITY.” (Presumption of Disability)

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

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

AN ORDINANCE FIXING THE SALARIES OF HEADS OF DEPARTMENTS AND OTHER OFFICERS OF THE CITY OF PAWTUCKET AND REPEALING CHAPTER 2575.

UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE, THE FOLLOWING ORDINANCE IS TAKEN UNDER ADVISEMENT ON A UNANIMOUS VOICE VOTE:

023 AN ORDINANCE IN AMENDMENT OF CHAPTER 282 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “NEWSPAPERS AND MAGAZINES.” (Newspaper Vending Devices)

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

PRIVATE DETECTIVE Renewals –

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

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

Richard Macedo, 101 Sission Street, LIC# 90160

VICTUALLING HOUSE 1^st Class –

Essam Mekhaiel & Matta F. Ghobreyal d/b/a Pizzaworks, (Transfer from Santoro’s Pizza Inc. d/b/a Pizzaworks) 590 Newport Avenue, LIC# 00604

RIPJ Management Inc. d/b/a Papa John’s (Transfer from P J New England Inc. d/b/a Papa John’s) 379 Smithfield Avenue, LIC# 00602

RIPJ Management Inc. d/b/a Papa John’s (Transfer from P J New England Inc. d/b/a Papa John’s) 295 Armistice Boulevard, LIC# 00603

*THE FOLLOWING BOND IS APPROVED, SURETY NAMED IS ACCEPTED:

Richard Angelo, Surety – Travelers Casualty & Surety Company of America

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

MISCELLANEOUS:

Roger Bergeron, by MetLife Auto & Home - $1,053.33

Donald L. Courtemanche - $432.80/434.50

Robert Helwig - $206.60

Donna Oliver, by Atty. Mariam A. Lavoie, Esq. - $100,000.00

Antonio Senra - $506.10/$736.43

SEWER:

Luis and Fatima Alves - $2,626.60/$3,652.20

Luis and Fatima Alves - $2,344.51/$2546.40/$2,644.40

Jose and Maria Aguiar - $1,983.44

Sharlene Almeida - $1,013.82/$1,500.00

Henry Araujo - $2,224.48

Charles F. Baker - $575.00

Delores Baker – No Amount Specified - Pending Estimates

Ronald and Pauline Benjamin - $2,592.43

Robert J. Brown, II – No Amount Specified - Pending Estimates

Edward Chmielinski - $739.95/$1,234.95

Rosa Couto - $6,104.31/$7,341.89

Linda Curtis - $1,557.11/$2,073.10

Gina Dias/ David Lemoie – No Amount Specified - Pending Estimates

Henry L. Drouin - $4775.73

Sharon Ellis - $1,545.00

John A. Fram - $2,791.17/$3,128.00

Marie A. Gallagher – No Amount Specified – Pending Estimates

Alden Graff - $159.99

George D. Henderson - $9,950.14

Ann Marie Heron – No Amount Specified - Pending Estimates

Kevin J. Loiselle - $518.01

Kelley Mardo - $2,205.01

Christopher Melia - $726.18/$2,500.00

Jason and Tammi Miller - $624.84

Anne M. Mooney – No Amount Specified - Pending Estimates

Walter Needham - $2,135.00

Ann R. Ogden – No Amount Specified - Pending Estimates

Renato Oliveira – No Amount Specified – Pending Estimates

Gale Pearce - $1785.36

Jose F. Pereira - $3,252.90

Karen Prinzo - $3,590.52/$4,616.54

Elizabeth Roberge - $1,246.00/$2,197.03

Vic Rodrigues – No Amount Specified – Pending Estimates

George Shabo – No Amount Specified - Pending Estimates

Faina Simkin – No Amount Specified – Pending Estimates

Gilbert Tavares, Jr. - $1,109.76/$1,134.00/$1,863.94

Peter Turgeon – No Amount Specified - Pending Estimates

Jamie Turmel - $4,582.90

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

Christopher Bedard - $823.60/$885.00/$935.00

Armand Brunette – $685.05/$800.00

Carol A. Byrnes – No Amount Specified/Pending Estimates

Scott Cameron – $898.93

Gail A. DeRoy – No Amount Specified/Pending Estimates

Walter Jasionowski – 536.94

Jason Johnson – $3,200.00

Viral Patel – $7,749.57/$11,808.93

Robert Romanoff – No Amount Specified/Pending Estimates

Cheryl Smith – No Amount Specified/Pending Estimates

Sandy Winters - $1,775.00

THE CHAIR RECOGNIZES COUNCILOR BRAY.

With majority consent of the Council, Councilor Bray introduces the following:

Ratification of Contract between the City of Pawtucket and the Pawtucket Lodge No. 4, Fraternal Order of Police for the period beginning July 1, 2001 to June 30, 2004.

Upon motion made by Councilor Bray, seconded by Councilor Wildenhain, the following is READ AND ORDERED FILED and is REFERRED TO THE FINANCE COMMITTEE on a unanimous voice vote:

Ratification of Contract between the City of Pawtucket and the Pawtucket Lodge No. 4, Fraternal Order of Police for the period beginning July 1, 2001 to June 30, 2004.

Upon motion made by Councilor Moran, seconded by Councilor Bray, the meeting is adjourned in memory of Betty Chabot at eight twenty o’clock p.m.