City Council, October 20, 2004
A regular session of the Pawtucket City Council is held Wednesday, October 20, 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:
REQUEST OF JOHN STRATIS FOR THE ABANDONMENT OF A PORTION OF TYLER STREET.
THE COUNCIL RECONVENES AT 7:02 P.M.
THE COUNCIL RECESSES AT 7:02 P.M. TO CONDUCT A PUBLIC HEARING ON THE FOLLOWING:
AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET (ZONING ORDINANCE) SPECIFICALLY §410-15.1 ENTITLED “PLANNED DEVELOPMENT PROCESS.” (DEVELOPMENT PLAN REVIEW PROCEDURE).
THE COUNCIL RECONVENES AT 7:25 P.M.
The reading of the records of October 6, 2004, 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:
THE CHAIR RECOGNIZES COUNCILOR CLEMENTE
With majority consent of the Council, Councilor Clemente introduces the following communication:
Communication from Ronald F. Travers, Director, Zoning and Code Enforcement to Janice M. LaPorte, CMC, City Clerk (Caldas’ Auto Sales & Collision, Inc., 616 Weeden Street)
Upon motion made by Councilor Clemente, seconded by Councilor Grebien, the following communication is READ AND ORDERED FILED:
Petition for Auto Repair Shop and Second Hand Shop Licenses (Class A & B – Selling Used Automobiles and Parts) by Higginson Collision & Auto Sales Inc. (previously A. Caldas Auto Sales and Collision Inc.), 616 Weeden Street, Tax Assessor’s Plat 47 Lot 591, to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically: used automobiles and parts, LIC# 30310 & 40334, which was advertised for a hearing at this time, is taken up:
Previous Stipulation:
1. There shall be no parking on any of the sidewalks in the area, specifically on Weeden Street and Samuel Avenue.
Speaking in favor is Tim Dodd, 215 Broadway, Attorney representing Julio Lopes, new owner.
Attorney Dodd states that Mr. Lopes purchased the building and business from A. Caldas Auto Sales and Collision Inc. two and half month ago.
Mr. Lopes states that he was not aware of the stipulations on the previous license but will abide with them and any other stipulations that the City Council would require.
Councilor Clemente asks Mr. Lopes to relocate the dumpster which is on the sidewalk.
Mr. Lopes agrees to Councilor Clemente request.
Councilor Clemente ask if Mr. Lopes is the only owner. Mr. Lopes states yes.
There are no other speakers.
The hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.
Upon motion made by Councilor Clemente, seconded by Councilor Grebien, the following license is APPROVED WITH THE FOLLOWING STIPULATIONS on a unanimous voice vote:
Petition for Auto Repair Shop and Second Hand Shop Licenses (Class A & B – Selling Used Automobiles and Parts) by Higginson Collision & Auto Sales Inc. (previously A. Caldas Auto Sales and Collision Inc.), 616 Weeden Street, Tax Assessor’s Plat 47 Lot 591, to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically: used automobiles and parts, LIC# 30310 & 40334
Stipulations:
1. There shall be no parking on any of the sidewalks in the area, specifically on Weeden Street and Samuel Avenue.
2. Relocate dumpster, which is on the sidewalk, which is to be screen in according to city ordinance.
Communication from John J. Garrahy, Counselor at Law - Moses, Afonso and Jackvony. (Warwick RICS, LLC – A & B Partnership/Pawtucket-Central Falls Train Station - Lots: 602, 603 and 604 on Assessor’s Plat 43/Request for change of zoning designation) is READ AND ORDERED FILED and REFERRED TO THE ORDINANCE COMMITTEE.
THE CHAIR RECOGNIZES COUNCILOR CARR.
With majority consent of the Council, Councilor Carr introduces the following communication:
Communication from Michael D. Cassidy, Director of Planning and Redevelopment to Janice M. LaPorte, CMC, City Clerk. (Zone Change Request from Warwick RICS, LLC)
Upon motion made by Councilor Carr, seconded by Councilor Hodge, the following communication is READ AND ORDERED FILED and REFERRED TO THE ORDINANCE COMMITTEE:
Communication from Michael D. Cassidy, Director of Planning and Redevelopment to Janice M. LaPorte, CMC, City Clerk. (Zone Change Request from Warwick RICS, LLC)
THE CHAIR RECOGNIZES COUNCILOR CARR.
With majority consent of the Council, Councilor Carr introduces the following communication:
Communication from John J. Garrahy, Counselor at Law - Moses, Afonso and Jackvony. (Warwick RICS, LLC – A & B Partnership/Pawtucket-Central Falls Train Station - Lots: 602, 603 and 604 on Assessor’s Plat 43/Request for change of zoning designation – consent of property owner attached)
Upon motion made by Councilor Carr, seconded by Councilor Hodge, the following communication is READ AND ORDERED FILED and REFERRED TO THE ORDINANCE COMMITTEE:
Communication from John J. Garrahy, Counselor at Law - Moses, Afonso and Jackvony. (Warwick RICS, LLC – A & B Partnership/Pawtucket-Central Falls Train Station - Lots: 602, 603 and 604 on Assessor’s Plat 43/Request for change of zoning designation – consent of property owner attached)
Communication from Joseph A. Keough, Jr. to The Honorable Members of the Pawtucket City Council. (PWSB/Assistant Chief Engineer’s Position) is READ AND ORDERED FILED and REFERRED TO THE FINANCE COMMITTEE.
THE CHAIR RECOGNIZES COUNCIL HODGE:
With majority consent of the Council, Councilor Hodge introduces the following communication:
Communication from George L. Kelley, III, Chief of Police to the Honorable Members of the Pawtucket City Council. (Requesting Amendment to Ordinance 388-5 “Parking Violation Penalties – Parking in Violation of Winter Rules”)
Upon motion made by Councilor Hodge, seconded by Councilor Clemente, the following communication is READ AND ORDERED FILED and REFERRED TO THE ORDINANCE COMMITTEE.
Communication from George L. Kelley, III, Chief of Police to the Honorable Members of the Pawtucket City Council. (Requesting Amendment to Ordinance 388-5 “Parking Violation Penalties – Parking in Violation of Winter Rules”)
Communication from Vincent Ceglie, Executive Director, BVCAP to the Honorable John J. Barry, III and Members of the Pawtucket City Council. (Requesting a tax-exempt status for BVCAP property at 32 Goff Avenue) is READ AND ORDERED FILED and REFERRED TO THE FINANCE COMMITTEE.
THE CHAIR RECOGNIZES COUNCILOR CARR
With majority consent of the Council, Councilor Carr introduces the following claims:
John Lauffer - $510.25/$541.57
Jeffrey Laurie - $1706.00/$1727.89
Upon motion made by Councilor Carr, seconded by Councilor Hoyas, the following claims are REFERRED TO THE CLAIMS AND PENDING SUITS COMMITTEE.
John Lauffer - $510.25/$541.57
Jeffrey Laurie - $1706.00/$1727.89
THE CHAIR RECOGNIZES COUNCILOR GREBIEN.
With majority consent of the Council, Councilor Grebien introduces the following communication:
Communication from John E. Carney, Director of Public Works to the Pawtucket City Council. (Requesting approval to amend ordinance 388-5 Parking Violation Penalties – Parking In Violation of Winter Rules)
Upon motion made by Councilor Grebien, seconded by Councilor Clemente, the following communication is READ AND ORDERED FILED and REFERRED TO THE ORDINANCE COMMITTEE
Communication from John E. Carney, Director of Public Works to the Pawtucket City Council. (Requesting approval to amend ordinance 388-5 Parking Violation Penalties – Parking In Violation of Winter Rules)
UPON RECOMMENDATION OF THE CITY PROPERTY COMMITTEE AND THE FINANCE COMMITTEE THE FOLLOWING COMMUNICATION IS TAKEN UNDER ADVISEMENT ON A UNANIMOUS VOICE VOTE:
UPON RECOMMENDATION OF THE FINANCE COMMITTEE THE FOLLOWING REQUEST IS DENIED ON A UNANIMOUS VOICE VOTE:
UPON RECOMMENDATION OF THE FINANCE COMMITTEE THE FOLLOWING REQUEST IS DENIED ON A ROLL CALL VOTE AS FOLLOWS:
AYES – Councilors Bray, Carr, Clemente, Grebien, Hodge, and Moran
NOES –President Barry, Councilors Hoyas and Wildenhain
THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.
With majority consent of the Council, the following motion made by Councilor Clemente on behalf of President Barry, seconded by Councilor Hodge, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Michael D. Cassidy, Director, Planning & Redevelopment, regarding the request from Edith Marra of the Grand Manor, on Walcott Street, requesting an extension of her tax stabilization agreement and asking for his assistance to see if there are other ways of assisting her; perhaps through historic tax credits or any other programs that he may know about.
UPON RECOMMENDATION OF THE FINANCE COMMITTEE THE FOLLOWING REQUEST IS DENIED ON A UNANIMOUS VOICE VOTE:
THE FOLLOWING RESOLUTION, SUBMITTED BY THE CITY PROPERTY COMMITTEE, 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.
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, Hodge, Hoyas, Moran, and Wildenhain.
NOES - 0.
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, Hodge, Hoyas, Moran, and Wildenhain.
NOES - 0.
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, Hoyas, Moran, and Wildenhain.
NOES - 0.
AN ORDINANCE IN AMENDMENT OF CHAPTER 2738 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET (Delete the Labor Supervisor I/Public Buildings)
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, Hoyas, Moran, and Wildenhain.
NOES - 0.
AN ORDINANCE IN AMENDMENT OF CHAPTER 2738 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET (Incinerator Supervisor – Arbitration)
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, Hoyas, Moran, and Wildenhain.
NOES - 0.
AN ORDINANCE IN AMENDMENT OF CHAPTER 2738 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET. (Delete Animal Control Officer and Assistant Animal Control Officer – Create Supervisor of the Animal Shelter and Animal Control Officer - Reorganization)
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, Hoyas, Moran, and Wildenhain.
NOES - 0.
AN ORDINANCE IN AMENDMENT OF CHAPTER 2738 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET. (Police Administration Clerk III – Reclass/Result of Arbitration)
THE FOLLOWING ORDINANCE RETURNED BY THE FINANCE COMMITTEE FOR APPROVAL IS TAKEN UP:
AN ORDINANCE IN AMENDMENT OF CHAPTER 2738 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET. (Police Clerk I - Arbitration)
THE CHAIR RECOGNIZES COUNCILOR BRAY.
With majority consent of the Council, Councilor Bray introduces the following amendment:
Change the following:
Reclass to: R15 $28,632.90 to $29,840.94
$25,201.74 to $26,244.48
Upon motion made by Councilor Bray, seconded by Councilor Hodge the following amendment to the ordinance entitled “AN ORDINANCE IN AMENDMENT OF CHAPTER 2738 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET. (Police Clerk I - Arbitration)” is PASSED on a roll call vote as follows:
AYES – President Barry, Councilors Bray, Carr, Clemente, Grebien, Hodge, Hoyas, Moran, and Wildenhain.
NOES - 0.
Change the following:
Reclass to: R15 $28,632.90 to $29,840.94
$25,201.74 to $26,244.48
THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME AS AMENDED 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 2738 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET. (Police Clerk I - Arbitration) 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, Hodge, Hoyas, Moran, and Wildenhain.
NOES - 0.
AN ORDINANCE IN AMENDMENT OF CHAPTER 2738 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET. (Police Payroll Clerk - Arbitration)
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, Hoyas, Moran, and Wildenhain.
NOES - 0.
AN ORDINANCE IN AMENDMENT OF CHAPTER 2738 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET. (Matron/Court Interpreter – Arbitration)
UPON RECOMMENDATION OF THE FINANCE COMMITTEE THE FOLLOWING ORDINANCE IS TAKEN UNDER ADVISEMENT ON A UNANIMOUS VOICE VOTE:
AN ORDINANCE IN AMENDMENT OF CHAPTER 2738 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET. (Delete Water Accounts Payable Clerk – Create Water Finance Assistant)
UPON RECOMMENDATION OF THE FINANCE COMMITTEE THE FOLLOWING ORDINANCE IS LAID ON THE TABLE AND REFERRED BACK TO THE FINANCE COMMITTEE ON A UNANIMOUS VOICE VOTE:
AN ORDINANCE IN AMENDMENT OF CHAPTER 2738 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET. (Delete: Water Accounts Payable Clerk at R25; Add: Water Finance Assistant at R36)
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, Councilor Hodge introduces the following communication:
Communication from Roger Warren, Executive Director of the Rhode Island Builders Association. to the Honorable John J. Barry, III, President and the Pawtucket City Council. (Chapter 410-15.1 Zoning Ordinance Amendment)
Upon motion made by Councilor Hodge, seconded by Councilor Grebien, the following communication is READ AND ORDERED FILED:
THE FOLLOWING ORDINANCE SUBMITTED BY THE ORDINANCE COMMITTEE IS READ FOR 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 410 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET (ZONING ORDINANCE) SPECIFICALLY §410-15.1 ENTITLED “PLANNED DEVELOPMENT PROCESS.” (DEVELOPMENT PLAN REVIEW PROCEDURE).
UPON RECOMMENDATION OF THE FINANCE COMMITTEE THE FOLLOWING ORDINANCE IS TAKEN UNDER ADVISEMENT ON A UNANIMOUS VOICE VOTE:
UPON RECOMMENDATION OF THE FINANCE COMMITTEE THE FOLLOWING ORDINANCE IS LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
AN ORDINANCE IN AMENDMENT OF §363-32 AND §363-52 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996. (Delinquent Property Taxes – Interest & Penalties)
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With the majority consent of the Council, Councilor Moran introduces the following communication:
Communication from Ronald F. Travers, Director, Zoning and Code Enforcement to Council President John J. Barry, III, and Pawtucket City Council Members (D & R Automotives, 21 Slade Street – Violations Corrected)
Upon motion made by Councilor Moran, seconded by Councilor Grebien, the following communication is READ AND ORDERED FILED:
Communication from Ronald F. Travers, Director, Zoning and Code Enforcement to Council President John J. Barry, III and the Pawtucket City Council. (D & R Automotives – 21 Slade Street) is READ AND ORDERED FILED
THE FOLLOWING LICENSE WAS GRANTED FOR 90 DAYS – TO EXPIRE OCTOBER 20, 2004, AND IS APPROVED ON A UNANIMOUS VOICE VOTE:
AUTO REPAIR SHOP -
D & R Automotives, LLC (Previously Belanger & Son Auto Repair Inc), 21 Slade Street, LIC. #30308
THE FOLLOWING LICENSE IS APPROVED ON A UNANIMOUS VOICE VOTE:
VICTUALLING HOUSE – 1ST CLASS NEW
Petition of Post No 33 Inc. d/b/a James A. Ryan Post 33, 140 South Bend Street, LIC. #00715
*THE FOLLOWING LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
ENTERTAINMENT –
Petition of St. Mary’s Anthiochian Orthodox Church for a license to conduct an Annual Bazaar, at the Church Hall, 1 St. Mary’s Way, on Friday, November 5, 2004, from 5:00 p.m. until 8:00 p.m.; Saturday, November 6, 2004, from 9:00 a.m. to 8:00 p.m., and Sunday, November 7, 2004, from 9:00 a.m. to 8:00 p.m. LIC. #0273M
VICTUALLING HOUSE - 1st CLASS NEW
Petition of Katie’s LLC d/b/a Katie’s, 654 Central Avenue, LIC. # 00718
VICTUALLING HOUSE - 1ST CLASS
Petition of Ling Jiang d/b/a Spring House Restaurant, 178 Mineral Spring Avenue, (Transfer from Bing Zhong Ruan d/b/a Spring House Restaurant) LIC. #00716
*THE FOLLOWING BOND IS APPROVED, SURETY NAMED IS ACCEPTED:
PRIVATE DETECTIVE –
Richard E. Macedo – Western Surety Company
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
George Delaney by Commerce Insurance - $3916.17
Wesley Dana Plante - $587.71
Tina Poirier - $620.00/$623.37
Wieslaw Sojka - $1648.50/$1814.37
Upon motion made by Councilor Hodge, seconded by Councilor Clemente the meeting is adjourned at 8:02 P.M.