February 25, 2004 - Regular City Council Session

City Council, February 25, 2004

A regular session of the Pawtucket City Council is held Wednesday, February 25, 2004, at 7:00 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 A PUBLIC HEARING ON THE FOLLOWING:

PROPOSED SKATEBOARD PARK SITE AT MAX READ ATHLETIC FACILITY.

THE COUNCIL RECONVENES AT 7:36 P.M.

The reading of the records of February 11, 2004, is dispensed with and the records are APPROVED as prepared by the Clerk.

PRESIDENT BARRY ASKS THE CITY PROPERTY COMMITTEE TO LOOK INTO AN ANOTHER LOCATION FOR THE SKATEBOARD PARK SITE

Upon motion made by Councilor Bray, seconded by Councilor Wildenhain, 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 City Council Members. (Statement of Estimated, Realized and Unrealized Revenues, for the fiscal period July 1, 2003 through January 31, 2004)

028 B. Communication from Richard C. Sardella, Mayor of Newport, to the Honorable City Council Members. (Invitation to the 48^th Annual St. Patrick’s Day Parade in Newport, RI)

028 C. Communication from James Melo, Director of Grupo Amigos Da Terceira, to the Honorable City Council Members. (Invitation to the Annual Dinner)

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 E. Burns, Traffic Engineering Supervisor, regarding placing an additional “No Thru Trucking” sign on Robinson Avenue beginning at the corner of Central Avenue and extending to Newport Avenue.

The Clerk is further instructed to send a communication to George L. Kelley, III, Chief of Police and Commander Steve Ormerod, requesting that the Police Department strictly enforce the “No Thru Trucking” in that area.

Petition for Auto Repair and Second Hand Shop Licenses (Class A & B – Selling Used Automobiles and Parts) by Manro Inc. d/b/a Capital Subaru, 939 Newport Avenue, Tax Assessors Plat 16 & 17 Lots 359, 17 and 824, to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically: Used automobiles and parts. LIC #30303 & LIC #40323 which was advertised for a hearing at this time is taken up:

PREVIOUS STIPULATION:

1. No test driving on the streets in the general area of the schools and the neighborhood.

Councilor Wildenhain states that he spoke with the attorney representing the applicant several times and suggested he attend the public hearing. Councilor Wildenhain states that this dealership will be selling new cars and used cars on trade. This will be mainly a new car dealership.

There are no other speakers.

The Public Hearing is closed.

THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.

Upon motion made by Councilor Wildenhain, seconded by Councilor Hoyas, the following licenses are APPROVED WITH PREVIOUS STIPULATION TO REMAIN IN PLACE on an unanimous voice vote:

STIPULATION:

1. No test driving on the streets in the general area of the schools and the neighborhood.

609 Petition of Michael Yarbrough, Supervisor Engineering for the Narragansett Electric Company to the Pawtucket City Council requesting the setting of an anchor on Moshassuck Street, is READ AND ORDERED FILED and is APPROVED PENDING THE APPROVAL OF THE DIRECTOR OF PUBLIC WORKS.

Communication from John E. Carney, Director of Public Works to the Honorable City Council Members, regarding a field being made available to the students of Joseph Jenks Junior High School, is READ AND ORDERED FILED and is REFERRED TO THE CITY PROPERTY COMMITTEE.

Communication from His Honor, Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council, submitting the following appointment as a member of the Pension Board to serve as a member representing the retired Police Officers Pension, FOR CONFIRMATION:

PENSION BOARD

589 Retired Police Officer Steven McElroy. Term expires First Monday in January, 2005. (To fill unexpired term of Joseph Allison) 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.

PENSION BOARD

Retired Police Officer Steven McElroy. Term expires First Monday in January, 2005. (To fill unexpired term of Joseph Allison)

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

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

NOES - 0.

032 RESOLUTION ACCEPTING THE CARE OF BURIAL LOT OF RICHARD E. ADDISON, II.

THE CHAIR RECOGNIZES COUNCIL MORAN.

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

The Clerk is instructed to send a communication to AMTRAK regarding the disrepair of a fence that borders the property at 56 Dickens Street and the railroad tracks. Councilor Moran states that the fence should be maintained and repaired by AMTRAK.

The Council is requesting a response to this request in time for the next meeting on March 10, 2004

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 ESTABLISH AN EQUIPMENT LEASE RECEIVABLE ON THE CITY’S BALANCE SHEET FOR APPROXIMATELY $125,000 FOR THE PURCHASE/INSTALLATION OF LIGHTING AT DAGGETT FIELD.

592 Communication from Michael D. Cassidy, Director of Planning and Redevelopment, to the Honorable City Council (Capital Improvement Program, 2005-2009) 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, Hoyas, Moran, and Wildenhain.

NOES - 0.

588 RESOLUTION CONGRATULATING THE 2003 JENKS JR. HIGH SCHOOL SOCCER TEAM FOR WINNING THEIR DIVISION CHAMPIONSHIP AND MAKING IT ALL THE WAY TO THE STATE CHAMPIONSHIP GAME.

COUNCILOR GREBIEN LEAVES THE CHAMBER AT 8:05 P.M.

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

RESOLUTION IN SUPPORT OF BONDING LEGISLATION FOR THE CITY OF PAWTUCKET FOR FISCAL YEARS 2005 AND 2006.

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

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

NOES – 0

588 RESOLUTION CONGRATULATING AND THANKING PAUL SPITALERI FOR HIS 40 YEARS OF EXEMPLARY SERVICE TO THE PAWTUCKET WATER SUPPLY BOARD AND ITS CUSTOMERS.

COUNCILOR GREBIEN RETURNS TO THE CHAMBER AT 8:07 P.M.

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 LEGISLATION TO ALLOW THE CITY TO ISSUE CLASS B, C, OR I, LIQUOR LICENSES TO ESTABLISHMENTS LOCATED IN THE CITY’S ARTS AND ENTERTAINMENT DISTRICT, WHICH ARE WITHIN 200 FEET OF CHURCHES.

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, Hoyas, Moran, and Wildenhain.

NOES - 0

330 AN ORDINANCE IN AMENDMENT OF CHAPTER 2652 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET. (Increase Uniform Fire Personnel by 2%)

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, Hoyas, Moran, and Wildenhain.

NOES – 0

330 AN ORDINANCE IN AMENDMENT OF CHAPTER 2652 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET. (Increase Personnel Director from X15 to X16)

UPON THE RECOMMENDATION OF THE ORDINANCE COMMITTEE, THE FOLLOWING ORDINANCE IS READ THE FIRST TIME AND PASSED ON A ROLL CALL VOTE AS FOLLOWS:

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

NOES – 0

AN ORDINANCE IN AMENDMENT OF CHAPTER 2708, SECTION 2 OF ORDINANCES OF THE CITY OF PAWTUCKET, ALSO KNOWN AS SECTION 116-27 SECTIONS A & B OF THE PAWTUCKET CODE OF ORDINANCES, 1996, REGARDING DOGS AND OTHER ANIMALS. (Delete Number of Cats Restriction)

THE FOLLOWING ORDINANCE IS TAKEN UP:

AN ORDINANCE RELATING TO WORKERS COMPENSATION INSURANCE AND LICENSING.

THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.

Councilor Wildenhain states for the record that the originator of this ordinance is Terry Hasset, City Councilor of Providence. Councilor Hasset who works for Workers Compensation, introduced this ordinance in Providence after the Station Night Club fire.

UPON THE RECOMMENDATION OF THE ORDINANCE COMMITTEE, THE FOLLOWING ORDINANCE IS READ THE FIRST TIME AND PASSED ON A ROLL CALL VOTE AS FOLLOWS:

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

NOES - 0.

AN ORDINANCE RELATING TO WORKERS COMPENSATION INSURANCE AND LICENSING.

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

ENTERTAINMENT –

Petition of Pawtucket Music and Arts Teachers Group for a license to conduct a fund-raiser for the Ray Varone Scholarship Fund in the Blackstone Valley Visitors Center, 175 Main Street on Thursday, March 25, 2004, from 7:00 p.m. until 9:00 p.m., LIC # 0225M

Petition of St. Patrick’s Day Parade Committee for a license to conduct a post parade party in the Visitor’s Center, 175 Main Street on Saturday, March 6, 2004 from 12 noon to 6:00 p.m., LIC #0226M

POOL TABLE (Renewals) -

Elias Dernikos, d/b/a City Line Pizza & Restaurant, 594 Pawtucket Ave. (1) Weekdays & Sundays LIC #G0011

Pawtucket Lodge of Elks No. 920, 27 Exchange Street, (1) Weekdays & Sundays LIC #G0041

SUNDAY SALES 3^rd Class (New) –

East Side Eden Home and Garden LLC, 1 Alfred Stone Road, LIC. #20467

VICTUALLING HOUSE 1^st Class –

Saint Mary & Mina LLC d/b/a Master Pizza (Transfer from Master Pizza Inc d/b/a/ Master Pizza) 881 Central Avenue LIC# 00699

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

PRIVATE DETECTIVE –

Thomas J. Anter, Surety – Western Surety Company

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

Matthew Andrews - $2985.65

Augusto Carvalho - No Amount Specified

Charles Costello - $544.95/$607.31

Eleanor R. Cote - $254.14

Laureen Gosselin - $69.80

Anna Ferrera, by Attorney Domenic J. Carcieri - $19,991.00

Roberta Idone - $40.00

Leo Labelle - $82.85

Pauline T. Marques - $537.80/$596.84

Carol O’Brien – No Amount Specified

Richard Perron, by Attorney V. Edward Formisano - $250,000.00

Robert L. Provost - $563.78/$691.11

Dilipkumar Shah - $177.01

Bernadette Sousa - $400.00/$444.83

Upon motion made by Councilor Bray, seconded by Councilor Hoyas, the meeting is adjourned at 8:15 p.m.