July 20, 2005 - Regular City Council Session

City Council, July 20, 2005

A regular session of the Pawtucket City Council is held Wednesday, July 20, 2005, at 12:07 p.m. in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.

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

Absent – Councilor Clemente.

President Grebien presides.

The reading of the records of July 6, 2005, is dispensed with and the records are APPROVED as prepared by the Clerk.

The *Consent Agenda is taken up:

THE CHAIR RECOGNIZES COUNCILOR BARRY:

Councilor Barry takes up the following:

*PETITIONS FOR LICENSES:

ENTERTAINMENT –

Petition of Clube Social Portugues for a license to conduct an Annual Picnic and Festival (Live Music and Traditional Food) at 131 School Street (Parking Lot) on Friday, August 19, 2005, from 5:00 p.m. to 1:00 a.m.; Saturday, August 20, 2005, from 3:00 p.m. to 1:00 a.m.; and Sunday, August 21, 2005, from 4:00 p.m. to 10:00 p.m. LIC. #0402M

Petition of Church of the Assumption for a license to conduct an Annual Church Festival at 97 Walcott Street, (Church Ground) on Friday, August 19, 2005, from 5:00 p.m. to 12:00 a.m.; Saturday, August 20, 2005, from 12:00 p.m. to 12:00 a.m.; and Sunday, August 21, 2005, from 12:00 p.m. to 12:00 a.m. LIC. #0294M

PEDDLER (New) –

Raymond A. Dureault III, 57 Ruggles Street, Providence, RI LIC#94

DRIVERS: Raymond A. Dureault, 57 Ruggles St. Providence, RI

Frank W. Parker IV, 811 Mineral Spring Avenue, Pawtucket, RI

TO PEDDLE: Lemonade & Iced Coffee

LOCATION: All City Streets

PRIVATE DETECTIVE (Renewal) -

Lincoln D. Roy, d/b/a LR & Associates, 45 Broad Street, LIC#90173

SIGN BOARD PERMIT (Renewals) –

Apex Tire & Service Center, LLC, 33 Main Street, (2) LIC#N0015

Robert M. Carbone d/b/a Pawtucket Pawn Brokers, 261 Main Street, (1) LIC#N0012

VICTUALLING HOUSE 1st Class –

Dufficy Enterprises Inc. d/b/a Domino’s Pizza, 448 Newport Avenue, (transfer from 273 Newport Avenue), LIC#00746

Upon motion made by Councilor Barry, seconded by Councilor Bray, the following license is AMENDED for the festival to conclude at 12:00 a.m. instead of 1:00 a.m., as follows:

ENTERTAINMENT –

Petition of Clube Social Portugues for a license to conduct an Annual Picnic and Festival (Live Music and Traditional Food) at 131 School Street (Parking Lot) on Friday, August 19, 2005, from 5:00 p.m. to ~~1:00 a.m.~~ 12:00 a.m.; Saturday, August 20, 2005, from 3:00 p.m. to ~~1:00 a.m~~. 12:00 a.m.; and Sunday, August 21, 2005, from 4:00 p.m. to 10:00 p.m. LIC. #0402M

THE CHAIR RECOGNIZES COUNCILOR VITALI.

Upon motion made by Councilor Vitali, seconded by Councilor Wildenhain, the following license is to be reviewed in 90 days:

VICTUALLING HOUSE 1st Class –

Dufficy Enterprises Inc. d/b/a Domino’s Pizza, 448 Newport Avenue, (transfer from 273 Newport Avenue), LIC#00746

THE CHAIR RECOGNIZES COUNCILOR HODGE.

Councilor Hodge states for the record his disappointment with Mr. Dufficy’s initial uncooperative behavior.

THE CHAIR RECOGNIZES COUNCILOR BARRY.

Upon motion made by Councilor Barry, seconded by Councilor Hodge, the *Consent Agenda is APPROVED AS AMENDED on a unanimous voice vote.

*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:

028 A. Communication from Kathleen Ludgate, Regional Director of the U.S. Census Bureau to the City Clerk, (New Census Bureau Handbook)

7 B. Communication from the Rhode Island Clean Water Finance Agency to the City of Pawtucket, (Statements)

7 C. Communication from the Rhode Island Clean Water Finance Agency to the City of Pawtucket, ( Construction Fund Draw Schedule Analysis)

028 D. Communication from Peder Schaefer, Budget Office, Municipal Affairs State of Rhode Island, (Motor Vehicle Exemption)

Communication from Mayor James E. Doyle to the Honorable Members of the Pawtucket City Council, (Request for a Donation for Advertising in the Rhode Island Veterans Magazine) is READ AND ORDERED FILED and REFERRED TO THE FINANCE COMMITTEE ON A UNANIMOUS VOICE VOTE.

THE CHAIR RECOGNIZES COUNCILOR BARRY.

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

The Clerk is instructed to send a communication to Mayor James E. Doyle regarding the frequent requests for funding that are received by the Mayor’s Office and forwarded to the Council. The Council is asking that these requests be handled through the Government Affairs Office and referred to the proper funding sources.

Communication from Mayor James E. Doyle to the Honorable Members of the Pawtucket City Council, (Request for Financial Assistance to Help Pay A.G.T. Luz Que Brilla Food Pantry’s Bill) is READ AND ORDERED FILED and REFERRED TO THE FINANCE COMMITTEE ON A VOICE VOTE.

COUNCILOR BARRY VOTES NO.

Communication from Ron L. Wierks, USG, Executive Director of Urban Smart Growth to the Honorable Members of the Pawtucket City Council, (Change of Zone Request, former Schoolhouse Candy property at 999-1005 Main Street) is READ AND ORDERED FILED and REFERRED TO THE CITY PLANNING COMMISSION and THE ORDINANCE COMMITTEE ON A UNANIMOUS VOICE VOTE.

THE CHAIR RECOGNIZES COUNCILOR CARR.

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

Communication from Edward and Barbara Malloy, 7 Diana Drive, to Mayor James E. Doyle and John Carney, Director of Public Works (Recycling Efforts in Pawtucket)

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

028 Communication from Edward and Barbara Malloy, 7 Diana Drive, to Mayor James E. Doyle and John Carney, Director of Public Works (Recycling Efforts in Pawtucket)

THE CHAIR RECOGNIZES COUNCILOR CARR.

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

The Clerk is instructed to send a communication to John E. Carney, Director of Public Works regarding the communication from Edward and Barbara Malloy and asking that an informational mailing be sent to educate city residents on the new recycling programs.

Communication from Michael D. Cassidy, Executive Director, Pawtucket Redevelopment Agency, to President Donald Grebien and the Pawtucket City Council, (Request to Convey City-Owned Lots on Olive Street to the Pawtucket Redevelopment Agency) is READ AND ORDERED FILED and REFERRED TO THE CITY PROPERTY COMMITTEE AND THE CITY PLANNING COMMISSION ON A UNANIMOUS VOICE VOTE.

THE CHAIR RECOGNIZES COUNCILOR 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 the Honorable Kevin J. Dumas, Mayor of Attleboro requesting a follow-up meeting with Mayor Doyle and Councilor Moran concerning the potential relocation of Case Construction Company. A response is requested by August 5, 2005.

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

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

NOES - 0.

330 AN ORDINANCE IN AMENDMENT OF CHAPTER 260 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “LICENSING”. (Personal Services License)

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

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

NOES - 0.

330 AN ORDINANCE IN AMENDMENT OF ARTICLE II, CHAPTER 347 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED “REFUSE COLLECTION” (Licensing)

THE FOLLOWING ORDINANCE SUBMITTED BY THE LICENSE COMMITTEE IS LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:

AN ORDINANCE IN AMENDMENT OF CHAPTER 108 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED “ALCOHOLIC BEVERAGES” (Class B-Restrictions).

THE FOLLOWING ORDINANCE SUBMITTED BY THE ANIMAL CONTROL COMMITTEE IS LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:

AN ORDINANCE IN AMENDMENT OF CHAPTER 116 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ANIMALS.” (Feeding of stray animals and wildlife)

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

AN ORDINANCE IN AMENDMENT OF CHAPTER 108 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED “ALCOHOLIC BEVERAGES” (Adequate Parking Requirements)

592 Communication from Michael D. Cassidy, Executive Director, Pawtucket Redevelopment Agency to the Honorable Pawtucket City Council, (Amendment No. 14 to Redevelopment Plan) is READ AND ORDERED FILED.

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

AN ORDINANCE IN AMENDMENT OF CHAPTERS 1810, 1845, 1853, 1899, 1933, 2007, 2037, 2114, 2262, 2496, 2511 AND 2547 OF THE ORDINANCES OF THE CITY OF PAWTUCKET, APPROVING AMENDMENT NO. 14 TO THE REDEVELOPMENT PLAN FOR THE COMMUNITY DEVELOPMENT PROGRAM, AMENDING SAID PLAN BY ADDING THERETO PROVISIONS FOR COMMUNITY DEVELOPMENT AREAS FOR PROJECT NO. P-CDA-XXX (SEE EXHIBIT A)

THE CHAIR RECOGNIZES COUNCILOR VITALI.

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

The Clerk is instructed to send a communication to Henry S. Kinch, Jr., Chair, Parks Commission, requesting that all councilors be notified of events or meetings that are taking place or have a connection with their district as well as notifying the Councilors at Large.

Communication from Janice M. LaPorte, CMC, City Clerk to President Donald R. Grebien and Members of the City Council, Submitting Draft Ordinances Resulting from Legislation Affecting Sunday Sales and Dog License Fees is READ AND ORDERED FILED and REFERRED TO THE ORDINANCE COMMITTEE ON A UNANIMOUS VOICE VOTE.

623 Communication from Angel S. Garcia, Director of Personnel to the Honorable Members of the Pawtucket City Council. (Amend Pay Ordinance Chapter 2773) is READ AND ORDERED FILED.

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

AN ORDINANCE IN AMENDMENT OF CHAPTER 2773 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET. (Delete the Traffic Engineering Aide III and Create Senior Traffic Engineering Aide)

623 Communication from Angel S. Garcia, Director of Personnel to the Honorable Members of the Pawtucket City Council. (Amend Pay Ordinance Chapter 2773) 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 IN AMENDMENT OF CHAPTER 2773 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET. (Create the position of Police/Chief Accountant – Grievance/Reclassification)

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

Gary Hebner by Allstate Insurance - $1473.82

Ann Jarjoura by Attorney Robert Ameen – No Amount Specified

Matthew Meehan – No Amount Specified

SEWER BACKFLOW 6/14/2005

Wallace Bey by Attorney Michael McElroy – $25,452.00

Anne & Michael Mooney - $2200.00

Upon motion made by Councilor Barry, seconded by Entire City Council the meeting is adjourned at 12:35 p.m. in Memory of J. Thomas Chellel, President Council 94, and a long time Pawtucket resident, and father of School Committee Member, James T. Chellel, Jr.