November 20, 2001 - Regular City Council Session

City Council, November 20, 2001

A regular session of the Pawtucket City Council is held Tuesday, November 20, 2001, at six three o’clock p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.

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

Absent – Councilors Clemente, Grebien, Moran, and Wildenhain.

President Barry presides.

THE COUNCIL RECESSES IMMEDIATELY TO CONDUCT THE PUBLIC INPUT PERIOD AND TO CONVENE AS THE PAWTUCKET BOARD OF LICENSE COMMISSIONERS.

THE COUNCIL RECONVENES AT SIX SIX O’CLOCK P.M.

COUNCILOR GREBIEN ARRIVES AT SIX SIX O’CLOCK P.M.

The reading of the records of November 7, 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:

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, 2001, through October 30, 2001)

640 B. Public Hearing Notice from Attleboro Municipal Council for November 20, 2001, at 7:00 p.m. (Former Pascale Block Property)

7 C. Communication from Ronald M. Coia, Business Manager/Secretary-Treasurer, Rhode Island Laborers’ District Council, to Pamela M. Marchand, P.E., Chief Engineer, Pawtucket Water Supply Board. (Pawtucket Water Treatment Plant)

028 D. Communication from Louise R. Phaneuf, Town Clerk, Town of Burrillville, to Janice M. LaPorte, CMC, City Clerk. (MTBE Resolution)

028 E. Communication from Ed Greene, Growth Team Representative. Central RI Development Corporation, to President John Barry, Pawtucket City Council. (Blow Molded Specialties of Pawtucket)

15 F. Communication from Susan L. Reed, Library Director, to the Honorable Members of the City Council. (Annual Report – Special Library Fund)

3 G. Communication from John P. O’Brien, Chief, RI Department of Administration, Statewide Planning Program, to Council President. (Transportation Improvement Program – TIP – FFY2003-2004)

590 H. Communication from His Honor, Mayor James E. Doyle, to Rene R. Menard, Deputy Majority Whip. (Appointment of Councilor Robert E. Carr to the Legislative Commission to study Commuter Rail Service)

590 I. Communication from His Honor, Mayor James E. Doyle, to Dennis G. Boisclair, 15 Oregon Avenue. (Key Container on Kenmore Avenue)

595 J. Communication from Michael D. Cassidy, Executive Director, Pawtucket Redevelopment Agency, to John J. Barry, III, President, Pawtucket City Council. (Notice of Approval of Residential Rehabilitation Loans)

614 K. Communication from John E. Carney, Director of Public Works, to the Pawtucket City Council. (Paving of City Streets disturbed by Water Supply Board Project)

7 L. Communication from Thomas F. Doucette, P.E., Assistant Chief Engineer, Pawtucket Water Supply Board, to the Members of the Pawtucket Water Supply Board. (Project Progress Reports – November 2 & 9)

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

UPON RECOMMENDATION OF THE CITY PROPERTY COMMITTEE, A PUBLIC HEARING IS SET FOR WEDNESDAY, DECEMBER 19, 2001, AT 8:00 P.M. ON THE FOLLOWING REQUEST FOR ABANDONMENT:

Communication from Thomas A. Palangio, to the Pawtucket City Council, requesting the abandonment of a portion of Samuel Avenue and a portion of New Street.

588 Communication from His Honor, Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council, supporting the resolution to enter into an agreement with Ball Communications for the City’s Website, is READ AND ORDERED FILED.

588 Communication from Ronald L. Wunschel, Director of Finance, to John Barry, President, Pawtucket City Council. (Website Development) is READ AND ORDERED FILED.

THE FOLLOWING RESOLUTION IS LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE:

RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ENTER INTO AN AGREEMENT WITH BALL COMMUNICATIONS, INC., OF MIDDLETOWN, RI, TO PROVIDE DESIGN AND IMPLEMENTATION OF THE CITY’S WEB PAGE FOR $7,560.00.

588 Communication from His Honor, Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council. (Revaluation) is READ AND ORDERED FILED.

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

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

NOES - 0.

588 RESOLUTION IN SUPPORT OF THE INTRODUCTION OF LEGISLATION TO CORRECT THE TABLE OF DATES TO PROPERLY IMPLEMENT THE REQUIRED NINE YEAR REVALUATION CYCLE WITH THE THREE-YEAR UPDATES.

COUNCILOR CLEMENTE ARRIVES AT SIX TEN O’CLOCK P.M.

THE FOLLOWING RESOLUTION WAS LAID ON THE TABLE AT THE MEETING HELD OCTOBER 24, 2001, AND IS REFERRED BACK TO THE ORDINANCE COMMITTEE ON A UNANIMOUS VOICE VOTE:

RESOLUTION ADOPTING PROCEDURES FOR THE REMOVAL OF NON-OPERATIONAL VEHICLES ON PRIVATE PROPERTY.

THE PUBLIC HEARING ON THE FOLLOWING PETITION FOR LICENSE WAS CONTINUED AT THE NOVEMBER 7, 2001, MEETING AND IS AGAIN TAKEN UP:

Petition for Auto Repair Shop and Second Hand Shop (Class A – Used Vehicles) by Mario Jimenez d/b/a Fonseca A/S, 263 Dexter Street, Tax Assessor’s Plat 44, Lot 586, to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically: Used Automobiles and Motorcycles, LIC# 30265 & 40277

PREVIOUS STIPULATIONS –

1. Hours of operation shall be 8:00 am - 7:00 p.m. – Monday thru Friday, 8:00 a.m. to 12 noon on Saturdays.

2. Vehicles towed to business during operating hours only.

3. Rear of building to be kept clear of all vehicles.

4. No painting or auto body work allowed.

5. Outside premises to be kept clean and free of parts, and debris.

6. No more than 12 vehicles shall be allowed to park in front of property.

7. The owner of business shall monitor customer parking.

Speaking in favor are the following:

Victor J. Beretta, Attorney for applicant.

Mario Jimenez, Applicant.

Mr. Beretta states that Mr. Jimenez has met with the residents in the Dexter Court area and have reached an agreement with the neighbors.

Councilor Clemente states that he met for over one hour with the neighbors to discuss their concerns with Mr. Jimenez. Councilor Clemente states that he has several stipulations which he will add as a condition to the granting of this license.

There are no other speakers.

The Hearing is closed.

THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.

Upon motion made by Councilor Clemente, seconded by Councilor Bray, the following licenses are APPROVED on a unanimous voice vote, WITH THE FOLLOWING STIPULATIONS:

STIPULATIONS:

1. License approved on a 12 month conditional basis.

2. There shall be a three month review of the business operation with the neighbors.

3. The hours of operation shall be as follows:

a. 9:00 a.m.-5:00 p.m. for auto repair – Monday-Friday

b. 9:00 a.m.-7:00 p.m. for auto sales-Monday-Friday

c. 10:00 a.m.-3:00 p.m. for auto sales-Saturdays – No auto repair

d. No operation on Sundays or Holidays.

4. Owner shall provide, in writing, off-street parking arrangement with neighbor. Agreement shall be presented to the City Clerk within 30 days.

5. No parking on Dexter Street.

6. Towing allowed during business hours only - 9:00 a.m.-5:00 p.m. M-F. No Saturdays.

7. Rear of building shall be clear of all vehicles at all times.

8. No parking on Dexter Court.

9. No painting or auto body work allowed.

10. Outside premises to be kept clean and free of parts and debris.

11. No more than 12 vehicles shall be allowed to park in front of property.

12. The owner of business shall monitor customer parking.

13. No road testing on Dexter Court.

14. No repair allowed outside.

15. No motorcycle repairs allowed at any time.

16. Keep rear doors closed at all times.

THE CHAIR RECOGNIZES COUNCILOR HODGE.

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

Communication from Paul J. Wildenhain, Councilor, 2^nd District, to Council President John J. Barry, III. (Opposing the Universal Free Breakfast Program for Pawtucket Schools)

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

591 Communication from Paul J. Wildenhain, Councilor, 2^nd District, to Council President John J. Barry, III. (Opposing the Universal Free Breakfast Program for Pawtucket Schools)

THE FOLLOWING RESOLUTION SUBMITTED BY THE ORDINANCE COMMITTEE, IS TAKEN UP:

RESOLUTION IN SUPPORT OF THE CONCEPT OF A UNIVERSAL FREE BREAKFAST PROGRAM IN THE PUBLIC SCHOOLS OF THE CITY OF PAWTUCKET.

THE CHAIR RECOGNIZES COUNCILOR HODGE.

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

AYES - President Barry, Councilors Bray, Hodge, and Hoyas.

NOES – Councilors Carr, Clemente, and Grebien.

588 RESOLUTION IN SUPPORT OF THE CONCEPT OF A UNIVERSAL FREE BREAKFAST PROGRAM IN THE PUBLIC SCHOOLS OF THE CITY OF PAWTUCKET.

588 Communication from Ronald L. Wunschel, Director of Finance, to John Barry, President, Pawtucket City Council. (Sunguard Services Resolution of November 7^th) is READ AND ORDERED FILED.

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

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

NOES - 0.

588 RESOLUTION AUTHORIZING THE CITY’S FINANCE DIRECTOR TO ENTER INTO A FIVE YEAR RECOVERY SERVICES AGREEMENT WITH SUNGUARD SERVICES OF PENNSYLVANIA IN THE AMOUNT OF $13,200 FOR THE FIRST YEAR WITH A 5% INCREASE FOR THE SUBSEQUENT FOUR YEARS.

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

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

NOES - 0.

330 AN ORDINANCE IN AMENDMENT OF CHAPTER 2619 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED “AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET.” (Add: Permit Processing Aide at R09; Delete: Part Time Permit Processing Aide)

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, Hodge, and Hoyas.

NOES - 0.

AN ORDINANCE IN AMENDMENT OF CHAPTER 2619 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED “AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET.” (Increase Pawtucket Fire Fighters Independent Union by 2%)

623 Communication from Angel S. Garcia, Director of Personnel, to the Honorable Members of the Pawtucket City Council. (Amendment to Pay Plan Ordinance Chapter 2619 – Change: Clerk II – Payroll (pt) at R09 to Payroll Accountant at R29) is READ AND ORDERED FILED.

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

AN ORDINANCE IN AMENDMENT OF CHAPTER 2619 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED “AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET. (Change: Clerk II – Payroll (pt) at R09 to Payroll Accountant at R29)

592 Communication from Michael D. Cassidy, Director, Planning and Redevelopment, to the Honorable John J. Barry, III, Pawtucket City Council President. (Riverfront Zoning) is READ AND ORDERED FILED.

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

PROPOSED AMENDMENT TO CHAPTER 410 (ZONING) PROPOSED CHANGES TO RIVERFRONT DEVELOPMENT ZONE.

592 Communication from Michael D. Cassidy, Director, Planning and Redevelopment, to the Honorable Members of the Pawtucket City Council. (Amendment to Zoning Ordinance) is READ AND ORDERED FILED.

THE FOLLOWING ORDINANCES ARE LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE:

ORDINANCE IN AMENDMENT OF CHAPTER 410, OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ZONING ORDINANCE” (Text and Official Zoning Maps) – Historic District List

ORDINANCE IN AMENDMENT OF CHAPTER 410, OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ZONING ORDINANCE” (Text and Official Zoning Maps) – New England Linen Supply

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

ORDINANCE IN AMENDMENT OF CHAPTER 388 OF THE PAWTUCKET CODE OF ORDINANCES, 1996, ENTITLED “VEHICLES AND TRAFFIC.” (2-Way Stop Sign – Dartmouth Street and Hillside Avenue)

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

VICTUALLING HOUSE 1^st Class RENEWALS –

Archie’s Pizza Restaurant, Inc., 1479 Newport Avenue, LIC# 00009

Newton Carrasco d/b/a Panal Chicken, 208 Dexter Street, LIC# 00455

Guo Deng Cheng d/b/a Great China, 560 Broadway, LIC# 00505

Sherrill Barrette d/b/a Kyle’s Kitchen, 712 Broadway, LIC# 00389

John Gomes Corp. d/b/a Pawtucket Fish Market, 593 Weeden Street, LIC# 00525

Rob Yaffe d/b/a Garden Grill, 727 East Avenue, LIC# 00400

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

MISCELLANEOUS:

Jules R. Casavant, by Atty. Michael T. Finan - $100,000.00

Arlinda Evora, by Atty. Michael D. Coleman – No Amount Specified

SEWER:

Lynn Toher - $3,500.00

Upon motion made by Councilor Bray, seconded by Councilor Grebien, the meeting is adjourned at six forty o’clock p.m.