June 8, 2005 - Regular City Council Session

 

City Council, June 8, 2005

 

A regular session of the Pawtucket City Council is held Wednesday, June 8, 2005, at 7:00 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 May 23, 2005, May 25, 2005 and June 1, 2005 is dispensed with and the records are APPROVED as prepared by the Clerk.

 

Upon motion made by Councilor Moran, 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, 2004, through April 30, 2005)

 

028      B.  Communication from John P. O’Brien, Secretary, State Planning Council, (Public Hearing on the Draft Transportation Improvement Program)

 

028      C.  Communication from Jeannette Holloway, North Kingstown Deputy Town Clerk, (Resolution in Support of the USS Saratoga Museum Project at Quonset/Davisville)

 

028      D.  Communication Cheryl A. Chorney, CMC, Exeter Town Clerk to Cities and Towns of Rhode Island, (Resolution of Support for Pension Reform in Rhode Island)

 

028      E.  Communication from Deidra A. Kettelle, East Greenwich Town Clerk to RI City and Town Councils, (Resolutions in Support of the Governor’s Proposed Pension Reforms; Increase of Real Estate Conveyance Tax to be Received by Municipalities; and Requirements of Utility and Other Companies Who Maintain Infrastructure Within Municipal Rights-of-Way to Pay for All Costs Entailed on Relocation of that Infrastructure by Any Public Works Project)

 

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

 

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

 

028      H.  Communication from Eric A. Beck, P.E. Supervising Sanitary Engineer, Department of Environmental Management to Pawtucket City Council, (Public Notice of Proposed Permit Actions Under the Rhode Island Pollutant Discharge Elimination System)

 

1          **I  Communication to Mayor James E. Doyle from John T. Holmes, Animal Control Supervisor, (Summer Fundraiser)

 

590      I.  Communication from Mayor James E. Doyle to the Honorable Members of the Pawtucket City Council, (Establishment of the Committee to study Fire Overtime)

 

1          J.  Communication from George L. Kelley, III, Chief of Police to the Honorable Members of the Pawtucket City Council, (Edward Byrne Memorial Justice Assistance Grant (JAG)

 

623      K.  Communication from Angel S. Garcia, Director of Personnel to Councilor David Moran, (Spread Sheets That Reflect the Impact of the Arbitration Award for the Police Contract and 3960).

 

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

 

028      Communication from Gilbert and Shirley Lapre to Councilor David Clemente, (Decorative Buckets on Sidewalk) is READ AND ORDERED FILED.

 

THE CHAIR RECOGNIZES COUNCILOR CARR.

 

With majority consent of the Council, the following motion made by Councilor Carr, seconded by Councilor Wildenhain, is PASSED ON A UNANIMOUS VOICE VOTE:

 

The Clerk is instructed to send a communication to Ronald F. Travers, Director, Zoning and Code Enforcement and Mr. and Mrs. Gilbert J. Lapre approving their request to place three decorative buckets on the sidewalk at 14 Legion Drive.

 

622      Communication from Ronald F. Travers, Director, Zoning and Code Enforcement to Council President Donald R. Grebien and Council Members, requesting a Show-Causing Hearing – Hi-Output Auto Tuning LLC, 133 Webster St. C-7.  is READ AND ORDERED FILED.

 

THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.

 

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

 

The Clerk is instructed to schedule a Show Cause Hearing for Wednesday, June 22, 2005 at 7:00 P.M. on the following license for violations, as indicated in the letter from Ronald F. Travers, Director, Zoning and Code Enforcement:

 

AUTO REPAIR SHOP & SECOND HAND SHOP CLASS B (Selling Used Automobile Parts)

 

*Hi-Output Auto Tuning LLC, 133 Webster St. Unit C-7, LIC#30293 #40310

1.  Hours of operation shall be 8:30 a.m. – 6:00 p.m. M-F; 10:00 a.m. –  5:00 p.m. Saturdays; No Sundays.

2.  Towing allowed only during operating hours, if necessary.

3.  No outside storage.

4.  No outside repairs.

5.  No test driving in the neighborhood.

 

THE CHAIR RECOGNIZES COUNCILOR CARR.

 

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

 

Communication from Pamela M. Marchand, P.E. Chief Engineer, Pawtucket Water Supply Board to Council President Donald R. Grebien, regarding Fire Department Letter: Hydrant Fees.

 

Upon motion made by Councilor Carr, seconded by Councilor Barry, the following communication is READ AND ORDERED FILED and REFERRED TO THE FINANCE COMMITTEE.

 

Communication from Pamela M. Marchand, P.E. Chief Engineer, Pawtucket Water Supply Board to Council President Donald R. Grebien, regarding Fire Department Letter: Hydrant Fees.

 

622      Communication from Ronald F. Travers, Director, Zoning and Code Enforcement to Council President Donald R. Grebien and Council Members, requesting a Show-Causing Hearing – Tropical Vibes – 17 Exchange Street is READ AND ORDERED FILED.

 

Communication from Timothy McLaughlin, Fire Chief to Council President Donald R. Grebien, Break Down Regarding Hydrant Fees and Hydrant Rentals on Private Property is READ AND ORDERED FILED and REFERRED TO THE FINANCE COMMITTEE.

 

Communication Mayor James E. Doyle to the Honorable Pawtucket City Council, requesting a Leash Law for Cats is READ AND ORDERED FILED and REFERRED TO THE ORDINANCE COMMITTEE and ANIMAL CONTROL COMMITTEE.

 

UPON RECOMMENDATION OF THE FINANCE COMMITTEE THE FOLLOWING REQUEST IS DENIED ON A UNANIMOUS VOICE VOTE:

 

028      Communication from Mayor James E. Doyle to the Honorable Pawtucket City Council. (Request from Susan Cipriano, Advisor, Shea Chapter of the Future Business Leaders of America for a donation to defray cost of attending National FBLA Competition)

 

UPON RECOMMENDATION OF THE FINANCE COMMITTEE THE FOLLOWING REQUEST IS DENIED ON A UNANIMOUS VOICE VOTE:

 

028      Communication from Daniel Samborn, Chief Executive Office, American Red Cross, Rhode Island Chapter to Janice M. LaPorte, CMC, City Clerk. (Request for a Donation in the Amount $3000.00)

 

UPON RECOMMENDATION OF THE FINANCE COMMITTEE THE FOLLOWING REQUEST IS DENIED ON A UNANIMOUS VOICE VOTE:

 

028      Communication from Mayor James E. Doyle to the Honorable City Council. (Request for a Donation to Participate in the National Youth Leadership Forum on Medicine)

 

UPON RECOMMENDATION OF THE FINANCE COMMITTEE THE FOLLOWING REQUEST IS APPROVAL ON A ROLL CALL VOTE AS FOLLOWS:

 

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

 

NOES - 0.

 

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

 

UPON RECOMMENDATION OF THE FINANCE COMMITTEE THE FOLLOWING REQUEST IS APPROVED ON A UNANIMOUS VOICE VOTE:

 

623      Communication from Angel S. Garcia, Director of Personnel to the Honorable City Council Finance Committee.  (Corrections to Contract – FOP Lodge No. 4)

 

UPON RECOMMENDATION OF THE FINANCE COMMITTEE THE FOLLOWING CONTRACT IS RATIFIED AS CORRECTED ON ROLL CALL VOTE AS FOLLOWS:

 

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

 

NOES - 0.

 

Drawer #7        Ratification of Contract between the City of Pawtucket and FOP Lodge No. 4 for a Period Beginning July 1, 2004 to June 30, 2005, AS CORRECTED.

 

UPON RECOMMENDATION OF THE FINANCE COMMITTEE THE FOLLOWING CONTRACT IS RATIFIED ON ROLL CALL VOTE AS FOLLOWS:

 

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

 

NOES - 0.

 

Drawer #7        Ratification of Contract Between the City of Pawtucket and the RI Council 94, AFSCME, Local 3960 for a Period Beginning July 1, 2003 to June 30, 2004.

 

UPON RECOMMENDATION OF THE FINANCE COMMITTEE THE FOLLOWING CONTRACT IS RATIFIED ON ROLL CALL VOTE AS FOLLOWS:

 

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

 

NOES - 0.

 

Drawer #7        Ratification of Contract Between the City of Pawtucket and the RI Council 94, AFSCME, Local 3960 for a Period Beginning July 1, 2004 to June 30, 2007.

 

UPON RECOMMENDATION OF THE FINANCE COMMITTEE THE FOLLOWING IS APPROVED ON ROLL CALL VOTE AS FOLLOWS:

 

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

 

NOES - 0.

 

623      Communication from Angel S. Garcia, Director of Personnel to the Honorable Members of the Pawtucket City Council, (Allocation Roster Effective July 1, 2005)

 

UPON RECOMMENDATION OF THE FINANCE COMMITTEE THE FOLLOWING RESOLUTION IS READ AND PASSED ON A ROLL CALL VOTE AS FOLLOWS:

 

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

 

NOES - 0.

 

588      RESOLUTION IN AMENDMENT OF THE RESOLUTION APPROVING THE FUNDING OF THE FOLLOWING EQUIPMENT AS PART OF THE 2 YEAR MASTER LEASE PURCHASE PROGRAM WITH QUICK & REILLY, A BANK OF AMERICA COMPANY, AS AMENDED.

 

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

 

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

 

NOES - 0.

 

588      RESOLUTION DIRECTING THE CITY’S FINANCE DIRECTOR TO UTILIZE ANY ADDITIONAL STATE AID AS A RESULT OF CHANGES BY THE LEGISLATURE TO THE GOVERNOR’S BUDGET TO REPLENISH THE RESERVE FUND UP TO THE BUDGET TRANSFER OF $550,000.

 

THE CHAIR RECOGNIZES COUNCILOR VITALI.

 

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

 

Communication from Michael D. Cassidy, Director of Planning and Redevelopment to Janice M. LaPorte, CMC, City Clerk, (New Soccer Field Development Newman Crosby Steel Site).

 

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

 

592      Communication from Michael D. Cassidy, Director of Planning and Redevelopment to Janice M. LaPorte, CMC, City Clerk, (New Soccer Field Development Newman Crosby Steel Site).

 

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

 

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

 

NOES - 0.

 

588      RESOLUTION THANKING MED TECH AMBULANCE SERVICE AND THE REIS FAMILY FOR THEIR GENEROUS DONATION OF 10 AUTOMATIC EXTERNAL DEFIBRILLATORS.

 

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

 

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

 

NOES - 0.

 

588      RESOLUTION CONGRATULATING THE SHEA HIGH SCHOOL BOYS TENNIS TEAM FOR WINNING THE INTERSCHOLASTIC LEAGUE DIVISION IV STATE CHAMPIONSHIP.

 

623      Communication from Angel S. Garcia, Director of Personnel to the Honorable Members of the Pawtucket City Council, (Section 125 Resolution) is READ AND ORDERED FILED.

 

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

 

RESOLUTION TO APPROVE AND ADOPT THE FORM OF AMENDED SECTION 1 PLAN EFFECTIVE JULY 1, 2005. (Health Benefit Co-Payment)

 

623      Communication from Angel S. Garcia, Director of Personnel to the Honorable Members of the Pawtucket City Council, (Pay Plan Effective July 1, 2005 – Reorganization of Zoning Office) is READ AND ORDERED FILED.

 

THE FOLLOWING ORDINANCE, RETURN BY THE FINANCE COMMITTEE WITH THE RECOMMENDATION OF APPROVAL, IS TAKEN UP:

 

AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET AND REPEALING CHAPTER 2754 IN ITS ENTIRETY.

 

THE CHAIR RECOGNIZES COUNCILOR MORAN:

 

With majority consent of the Council, Councilor Moran introduces the following amendment to the Ordinance entitled “An Ordinance Establishing a Pay Plan for the City of Pawtucket and Repealing Chapter 2754 in its Entirety.”

 

Delete the following:

 

Environmental Action Aide (pt) $14.37 per hr.

 

Add the following:

 

Customer Service Clerk                        $12.00 per hr.

 

Upon motion made by Councilor Moran, seconded by Councilor Wildenhain, the following amendments to the Ordinance entitled “An Ordinance Establishing a Pay Plan for the City of Pawtucket and Repealing Chapter 2754 in its Entirety” is read and PASSED on a roll call vote as follows:

 

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

 

NOES - 0.

 

Delete the following:

 

Environmental Action Aide (pt) $14.37 per hr.

 

Add the following:

 

Customer Service Clerk                        $12.00 per hr.

 

The following Ordinance is read for the first time as AMENDED and PASSED on a roll call vote as follows:

 

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

 

NOES - 0.

 

AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET AND REPEALING CHAPTER 2754 IN ITS ENTIRETY, 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 Grebien, Councilors Barry, Bray, Carr, Hodge, Moran, Vitali and Wildenhain.

 

NOES - 0.

 

AN ORDINANCE FIXING THE SALARIES OF HEADS OF DEPARTMENTS AND OTHER OFFICERS OF THE CITY OF PAWTUCKET AND REPEALING CHAPTER 2737.

 

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

 

ENTERTAINMENT -

 

Petition of Fidjos Didjabraba for a license to conduct a Festival at parking lot of 682 Roosevelt Avenue, on Saturday, June 25, 2005, from 5:00 p.m. to 1:00 a.m.  LIC#0296M

 

PREVIOUS STIPULATIONS:

1.         Detail police officer on duty from 9:00 p.m. to 2:00 a.m. on Saturday, June 25, 2005.

2.         Drinks to be served in PLASTIC CUPS.

3.         Appropriate dumpsters for rubbish and area must be kept clean.

 

PINBALL & AMUSEMENT DEVICES All Renewals -

 

John J. Bateman d/b/a Spring Lake Arcade, 25 Andrew Ferland Way (Lynch Arena) (ONE) LIC#70058

Benefit Street Pub Inc., 433 Benefit St. (ONE) LIC#70049

Boulevard Billiard Club, 508 1/2 Armistice Blvd. (FIVE) LIC#70008

Carousel Sports Lounge Inc. 507 Armistice Blvd. (TWO) LIC#70029

Celtic Pub Inc. d/b/a Celtic Pub, 755 Broadway & 5 Columbine Ave. (TWO) LIC#70012

Clube Social Portugues Inc., 131 School St. (ONE) LIC#70013

Elias Dernikos d/b/a City Line Pizza & Restaurant, 594 Pawtucket Ave. (ONE)  LIC#70014

Duffin's Pub Inc., 215 Division St. (TWO) LIC#70015

Eagle Express Chinese Restaurant Corporation, 852 Newport Ave. (2) LIC#70057

G & J Bar & Grille Inc. d/b/a Vet’s Bar &  Grille, 623 Central Ave. (TWO) LIC#70044

Jimmy’s Bar & Grill, Inc., 605 Broadway, (ONE) LIC#70056

K.J. Cummings Inc., d/b/a KC’S Tap, 140 Japonica St. (FOUR) LIC#70042

Lafayette Social Club Inc., 71 Benefit St. (ONE) LIC#70021

Leonora R. Marques d/b/a Boulevard Tap, 572 Armistice Blvd. (TWO) LIC#70040

M and S Barbosa Tavern Inc. d/b/a Charlie's Tavern, 185 Dexter St. (ONE) LIC#70024 

Peddlers Inn Inc., 94 Middle St. (ONE) LIC#70028

Provincial Grand Lodge of New England of the Royal Antediluvian Order of Buffaloes, 532 Lonsdale Ave. (TWO) LIC#70030

S & L Inc., d/b/a Cafe Ordway, 3 Ordway St. (ONE) LIC#70031

 

PAWN BROKER – Renewal

 

Robert M. Carbone, d/b/a Pawtucket Pawn Brokers, 261 Main St. LIC#L0003

 

PRIVATE DETECTIVE (Renewals) –

 

Thomas J. Anter, 151 Lowdon St. LIC#90182

Terrence M. Burgess, 40 Capwell Ave. LIC#90184

David MacLean, 393 Armistice Blvd. LIC#90164

Daniel A. Silveira, 29 Dunnell Lane, LIC#90176

 

SIGN BOARD PERMIT – New

 

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

 

*THE FOLLOWING BONDS ARE APPROVED, SURETIES NAMED ARE ACCEPTED:

 

PRIVATE DETECTIVE –

 

Terrence M. Burgess, Surety - National Grange Mutual Insurance Company

David MacLean, Surety – Western Surety Company

Daniel A. Silveira, Surety - Western Surety Company

 

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

 

Bernadette Barney by Jefry S. Perlowm Esq. - $100,000.00

Christopher Dunn - $1171.69

David Maurice - $2130.00/2295.00

 

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED FOR PAYMENT ON A ROLL CALL VOTE, AS FOLLOWS:

 

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

 

NOES - 0.

 

Zelmira Amaral - $300.00

 

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED FOR PAYMENT ON A ROLL CALL VOTE, AS FOLLOWS:

 

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

 

NOES - 0.

 

Kevin Newton - $193.58

 

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED FOR PAYMENT ON A ROLL CALL VOTE, AS FOLLOWS:

 

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

 

NOES - 0.

 

Sarah Cyrs-Liston - $281.86

 

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED FOR PAYMENT ON A ROLL CALL VOTE, AS FOLLOWS:

 

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

 

NOES - 0.

 

Vinod Miglani by American International Recovery, Inc. - $1975.05

 

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

 

Laurie Tessier - $597.85/$1198.00

William Grimley - $234.36 (Pothole not in Pawtucket)

Edward Knight - $430.00/$1166.00

 

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE TAKEN UNDER ADVISEMENT AND REFERRED TO THE LEGAL DEPARTMENT ON A UNANIMOUS VOICE VOTES:

 

Ana DaSilva by Attorney Michael Horan - $50,000.00

William J. Ricci by Attorney Dennis H. Ricci (No Amount Specified – Personal Injuries)

Francisco Santos by Attorney Michael Horan - $25,000.00

 

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

 

Michelle Villa by Allstate Insurance - $850.31

 

Upon motion made by Councilor Moran, seconded by Councilor Wildenhain the meeting is adjourned at 7:35 p.m.