City Council, April 22, 2009
A regular session of the Pawtucket City Council is held Wednesday, April 22, 2009, at 7:10 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – President Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault and Vitali.
Absent – Councilor Wildenhain.
President Kinch presides.
THE COUNCIL RECESSES IMMEDIATELY TO CONDUCT THE PRE-COUNCIL SESSIONS.
THE COUNCIL RECONVENES AT 7:26 P.M.
The reading of the records of April 2, 2009 and April 8, 2009 is dispensed with and the records are APPROVED as prepared by the Clerk.
Upon motion made by Councilor Hodge, seconded by Councilor Barry, the *Consent Agenda is APPROVED, on a unanimous voice vote.
| | A. Communication from Margaret M. Lynch-Gadaleta, Esq., City Solicitor, to Henry S. Kinch, Jr., President, Pawtucket City Council (Update for the Ad Hoc Committee to Study City Vehicle Use) |
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| | B. 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, 2008 through March 31, 2009) |
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| | C. Communication from Christopher P. Noun, International Advisor, Hattie Harris, Good Spirits Club International, to the Pawtucket City Council (Proclamation – National Thank You Day for Elected Officials in the United States and elected Officials in Pawtucket, Rhode Island) |
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| | D. Communication from James D. Marques, CMC, North Kingstown Town Clerk to City and Town Clerks (Support of the Repeal of the Caruolo Act) |
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| | E. Communication from Louise Phaneuf, Burrillville Town Clerk to City and Town Clerks (Motion to Oppose House Bill 2009-H5123) |
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| | F. Communication from Terrence Mercer, Chair, Parks Commission, to Henry S. Kinch, Jr., President, Pawtucket City Council (Control Trash and Litter in City Parks) |
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| | G. Communication from Michael P. Lewis, Director, Department of Transportation, to Henry S. Kinch, Jr., President, Pawtucket City Council (Roadway Investment – Local Equity Aid Program (RI-LEAP) Notice of Funding Availability) |
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| | H. Communication from Mayor James E. Doyle to Michelle R. Hardy, CMC, Deputy City Clerk ( Response – Local 1012 Contract) |
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| ** | I. Communication from Ronald F. Travers, Director of Zoning & Code Enforcement, to Henry S. Kinch, Jr., President, Pawtucket City Council and the City Council Members (Response – Amtrak Complaint) |
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| | J. Communication from Michael E. Burns, Traffic Engineering Supervisor, to the Pawtucket City Council (Response – Smithfield Avenue “Emergency Fire Pre-emption Signal”) |
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| | K. Communication from Michael E. Burns, Traffic Engineering Supervisor, to the Pawtucket City Council (Response – Power Road at Weeden Street (Cobble Hill Road) |
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| | L. Communication from Mayor James E. Doyle to the Honorable Members of the City Council (Support of Naming the Major Little League Field in the Tomlinson Complex “Founders Field”) is READ AND ORDERED FILED and REFERRED TO THE CITY PROPERTY COMMITTEE |
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| | M. Communication from Michael D. Cassidy, Director of Planning and Redevelopment and Barney Heath, Assistant Director, Department of Planning and Redevelopment (Rehabilitation Plan for 242-244 Cottage Street) is READ AND ORDERED FILED and REFERRED TO THE CITY PROPERTY COMMITTEE |
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| | N. Communication from Michael D. Cassidy, Director of Planning and Redevelopment, to Henry S. Kinch, Jr., President, Pawtucket City Council (Proposals – Dennis M. Lynch Arena) is READ AND ORDERED FILED and REFERRED TO THE CITY PROPERTY COMMITTEE |
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| | O. Communication from Oswaldo and Sandra Paternina, 28 Ballou Street, Lincoln, RI, to the City Clerks Office (Request for Connection to City Sewer at 28 Ballou Street Lincoln, RI) is READ AND ORDERED FILED and REFERRED TO THE PUBLIC WORKS COMMITTEE, THE NARRAGANSETT BAY COMMISSION, THE CITY ENGINEER, THE DIRECTOR OF PUBLIC WORKS, THE CITY PLANNING COMMISSION AND THE WATER SUPPLY BOARD. |
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| | P. Communication from Ronald L. Wunschel, Director of Finance, to the Pawtucket City Council (Addendum to Original FY09 Lease/Purchase Agreement) |
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| | Q. Resolution Authorizing an Addendum to the Equipment Lease/Purchase Agreement Entered into on April 7, 2009 with Municipal Leasing Consultants (Approved by City Council on February 26, 2009) is READ AND ORDERED FILED and REFERRED TO THE FINANCE COMMITTEE |
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| | R. Communication from Angel S. Garcia, Director of Personnel to the Honorable City Council (Collective Bargaining Agreements between the City of Pawtucket and Pawtucket Firefighters Local 4421) |
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| | S. Collective Bargaining Agreements Between the City of Pawtucket and Pawtucket Firefighters Local 4421 for the period of July 1, 2008 to June 30, 2009 and for the period of July 1, 2009 to June 30, 2012 is LAID ON THE TABLE and REFERRED TO THE FINANCE COMMITTEE |
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| | T. Communication from Angel S. Garcia, Director of Personnel to the Honorable Members of the Pawtucket City Council (Pawtucket Firefighters Local 4421 Pay Plan) |
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| | U. An Ordinance Establishing a Pay Plan for the City of Pawtucket for Uniform Members of the Fire Department, July 1, 2009-June 30, 2012, and Repealing Chapter 2907 in its Entirety is READ AND ORDERED FILED and REFERRED TO THE FINANCE COMMITTEE |
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| | V. An Ordinance Amending Chapter 375 of the Pawtucket Code of Ordinances, 1996, Entitled “Utility Rights-of-Ways” to Add Sections Relating to Utility Services (Meters and Project Plans) is READ AND ORDERED FILED and REFERRED TO THE ORDINANCE COMMITTEE |
**TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY, NO OTHER ACTION TAKEN.
UPON UNANIMOUS CONSENT OF THE COUNCIL, THE ELECTION OF CITY OFFICER IS TAKEN UP:
SEALER OF WEIGHTS AND MEASURES (2-YEAR TERM)
THE CHAIR RECOGNIZES COUNCILOR BARRY.
Upon motion by Councilor Barry, seconded by Councilor Hodge, the name of John Pita, Sr. is placed in nomination to serve as the Sealer of Weights and Measures.
JOHN PITA, SR. IS ELECTED SEALER OF WEIGHTS AND MEASURES ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
THE FOLLOWING RESOLUTION IS TAKEN UP:
RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR FUNDS UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THE CHAIR RECOGNIZES COUNCILOR CHADWICK.
Upon motion made by Councilor Chadwick, seconded by Councilors Tetreault, Vitali and Barros, the following resolution is LAID ON THE TABLE on a unanimous voice vote:
RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR FUNDS UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
The following ordinance is read for the SECOND time and PASSED on a roll call vote, as follows:
AYES – President Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
UPON UNANIMOUS CONSENT OF THE COUNCIL, THE FOLLOWING ORDINANCE IS TAKEN UP:
AN ORDINANCE IN AMENDMENT OF CHAPTER 286 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “NOISE” (11:00 P.M. Time Limit on Amplified Sound at Outdoor Feasts or Festivals on Fridays, Saturdays and days before Holidays)
The following ordinance is read for the SECOND time and PASSED on a roll call vote, as follows:
AYES – President Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
The following ordinance is read for the SECOND time and PASSED on a roll call vote, as follows:
AYES – President Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
The following ordinance is read for the SECOND time and PASSED on a roll call vote, as follows:
AYES – President Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
The following ordinance is read for the SECOND time and PASSED on a roll call vote, as follows:
AYES – President Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
The following ordinance is read for the SECOND time and PASSED on a roll call vote, as follows:
AYES – President Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, Councilor Moran introduces the following communication:
Communication from Margaret M. Lynch-Gadaleta, Esq., City Solicitor, to Michelle R. Hardy, CMC, Deputy City Clerk (Response – Mayor’s Budget Deficit Task Force)
Upon motion made by Councilor Moran, seconded by Councilor Hodge, the following communication is READ AND ORDERED FILED.
COUNCILOR BARRY LEAVES THE CHAMBERS AT 7:47 P.M.
The following ordinance is read for the SECOND time and PASSED on a roll call vote, as follows:
AYES – President Kinch, Councilors Barros, Chadwick, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
The following ordinance is read for the SECOND time and PASSED on a roll call vote, as follows:
AYES – President Kinch, Councilors Barros, Chadwick, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, the following motion made by Councilor Hodge, seconded by Councilor Vitali, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Ronald L. Wunschel, Director of Finance, regarding how the $3 million bond issue for school building improvements affects the city’s maintenance of effort for school department financing.
The following ordinance is read for the SECOND time and PASSED on a roll call vote, as follows:
AYES – President Kinch, Councilors Barros, Chadwick, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
The following ordinance is read for the SECOND time and PASSED on a roll call vote, as follows:
AYES – President Kinch, Councilors Barros, Chadwick, Hodge, Moran, Tetreault and Vitali.
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 Kinch, Councilors Barros, Chadwick, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET FOR UNIFORM MEMBERS OF THE POLICE AND REPEALING CHAPTER 2816 IN ITS ENTIRETY JULY 1, 2009 THROUGH JUNE 30, 2012
*THE FOLLOWING PETITIONS FOR LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
ENTERTAINMENT –
Petition of Pawtucket Red Sox Baseball Club Inc., for a license to conduct a Bob Dylan, Willie Nelson and John Mellencamp Concert, at McCoy Stadium, Columbus Avenue, on Tuesday, July 21, 2009, from 4:30 pm to 11:30 pm LIC#5114
HOLIDAY LICENSES – Renewals
Blockbuster Inc., d/b/a Blockbuster Video #95204, 295 Armistice Blvd. LIC#4764
Blockbuster Inc., d/b/a Blockbuster Video #95205, 753 Mineral Spring Ave. LIC#4765
BSG LLC d/b/a Cosmoprof #6059, 50 Ann Mary St. LIC#3225
HOLIDAY LICENSE – New
Monro Muffler Brake, Inc., d/b/a Speedy Auto Service by Monro, 1427 Newport Ave., LIC#5113
AUTOMOBILE REPAIR SHOP AND SECOND HAND SHOP LICENSES (CLASS A & B) (Selling used automobiles and parts) (Renewals)
Champion Collision and Sales Inc., d/b/a Champion Collision and Sales, 41 Congress St. LIC#2499 #2500
*Cisco’s Performance Center Inc., d/b/a Cisco’s Performance Auto Sales, 264 Weeden St. LIC#2407 #2408
1. Close by 6:00 PM.
2. No body work or painting.
3. Property must be kept clean.
4. Noise must be kept down.
*Coastal Collision, Towing & Auto Sales Inc., d/b/a Coastal Auto Sales, 540 Pawtucket Ave. LIC#2409 #2410
1. No more than eight (8) vehicles in the front lot for sale at any given time.
County Motors Inc., 1588 Newport Ave. LIC#2044 #2045
* Jimenez, Mario d/b/a Fonseca A/S, 263 Dexter St. LIC#2415 #2416
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 twelve (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.
Smithfield Motor Sales Inc., 527 Smithfield Ave. LIC#2165 #2166
AUTO REPAIR SHOP & SECOND HAND SHOP (CLASS B) (Parts Only) (Renewals)
Central Auto Radiator Inc., 188 Pine St LIC#2034 #2035
M & G Auto Body, Inc., 519 Broadway, LIC#2495 #2496
Perry, Alan & Keith d/b/a A & E Auto Service, 50 Alden St. LIC#2445 #2446
*Sembel Enterprises Inc., d/b/a Goff Gas, 75 Goff Ave. LIC#2383 #2384
1. Fence or blockade to be put up on Dexter Street side of property on border with neighbor.
2. Remove phone near Dexter Street.
AUTO REPAIR SHOP ONLY (Renewals)
Monro Muffler Brake, Inc., d/b/a Speedy Auto Service by Monro, 1427 Newport Ave. LIC#2379
* Rojas, Manuel A d/b/a Manny’s Transmission, 1114 Newport Ave. LIC#2438
1. No auto parts stored outside the building.
2. No unregistered autos parked outside building.
3. Only eight (8) cars allowed on lot and two (2) cars allowed in building.
4. Hours of operation shall be 8:00 a.m.-7:00 p.m. M-F; 8:00 a.m.-5:00 p.m. on Saturdays.
5. No Sundays.
6. All repairs inside building.
Tire Pros of Rhode Island, Inc., d/b/a Tire Pros, 21 Division St. LIC#2377
SECOND HAND SHOP (CLASS C) (Used Miscellaneous Merchandise) (Renewals)
Blockbuter Inc., d/b/a Blockbuster Video #95204, 295 Armistice Blvd. LIC#2645
Blockbuster Inc., d/b/a Blockbuster Video #95205, 753 Mineral Spring Ave. LIC#2646
Hollywood Entertainment Corporation d/b/a Hollywood Video Game Crazy #039-117,
398 Cottage St. LIC#2627
McCarten Violins LLC, d/b/a McCarten Violins, 1005 Main St. LIC#2632
Moskwa, Paul d/b/a American Music Sound and Light, 58 Exchange St. LIC#2555
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Maria and Jaime Cuervo - $3,529.47
Kimberly Lees - $150.00
Donna Ellen McGowan - $100,000.00
Verizon – No Amount Specified
Upon motion made by Councilor Hodge, seconded by Councilor Chadwick, the meeting is adjourned at 8:00 p.m., in memory of Andrew E. McConnell.