City Council, August 5, 2009
A regular session of the Pawtucket City Council is held Wednesday, August 5, 2009, at 7:56 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – President Kinch, Councilors Barros, Barry, Chadwick, Hodge, Tetreault and Vitali.
Absent – Councilors Moran and Wildenhain.
President Kinch presides.
THE COUNCIL RECESSES IMMEDIATELY TO CONDUCT THE PRE-COUNCIL SESSIONS AND THREE PUBLIC HEARINGS.
PUBLIC HEARINGS
TWO WAY TRAFFIC – MAIN STREET – DOWNTOWN
AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ZONING” (TEXT AND OFFICIAL MAPS) – (HISTORIC DISTRICT, MBRD DISTRICT, TABLE OF USE REGULATIONS) SUBSTITUTE A
AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ZONING ORDINANCE” (Text and Official Zoning Maps – (Pet Care Services)
THE COUNCIL RECONVENES AT 9:44 P.M.
UPON UNANIMOUS CONSENT OF THE COUNCIL, THE FOLLOWING ORDINANCE IS TAKEN UP:
AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ZONING” (TEXT AND OFFICIAL MAPS) – (HISTORIC DISTRICT, MBRD DISTRICT, TABLE OF USE REGULATIONS) SUBSTITUTE A
UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE, THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Kinch, Councilors Barros, Barry, Chadwick, Hodge, Tetreault and Vitali.
NOES - 0.
AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ZONING” (TEXT AND OFFICIAL MAPS) – (HISTORIC DISTRICT, MBRD DISTRICT, TABLE OF USE REGULATIONS) SUBSTITUTE A
The reading of the records of July 22, 2009 is dispensed with and the records are APPROVED as prepared by the Clerk.
Upon motion made by Councilor Hodge, seconded by Councilor Chadwick, the *Consent Agenda is APPROVED, on a unanimous voice vote.
*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:
| | A. Communication from David A. Coughlin, Chairperson, Pawtucket School Committee, to Henry S. Kinch, Jr., President, Pawtucket City Council (Pawtucket School Committee/Budget 2009-2010) |
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| | B. Communication from Dolores Sisson, Pawtucket Parks Commission, to Mayor James E. Doyle (Not Seeking Reappointment to the Pawtucket Parks Commission) |
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| | C. Communication from Dale S. Holberton, CMC, South Kingstown Town Clerk, to Michelle R. Hardy, CMC, Deputy City Clerk (Support of Resolution Requesting Governor Carcieri to Hold an Education Summit) |
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| | D. Communication from Tracy N. Hay, Richmond Town Clerk, to Michelle R. Hardy, CMC, Deputy City Clerk (Support of Resolution Requesting Governor Carcieri to Hold an Education Summit) |
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| ** | E. Communication from Henry S. Kinch, Jr., President, Pawtucket City Council, to Deborah A. Gist, Commissioner of Elementary and Secondary Education (Education Funding in Rhode Island) |
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| | G. Communication from Angel S. Garcia, Director of Personnel, to the Honorable Members of City Council (Response – Recruiting Police Officers and Temporary Help) |
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| | H. Communication from Margaret M. Lynch-Gadaleta, Esq., City Solicitor, to Richard J. Goldstein, City Clerk (Response - Freezing the Transfer of Funds to School Department) |
**TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY, NO OTHER ACTION TAKEN.
THE CHAIR RECOGNIZES COUNCILOR VITALI.
Upon motion made by Councilor Vitali, seconded by Councilor Barry, the following communication is READ AND ORDERED FILED:
THE CHAIR RECOGNIZES COUNCILOR VITALI.
With majority consent of the Council, the following motion made by Councilor Vitali, seconded by Councilor Barry, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Mayor James E. Doyle regarding the “Council Night Out.” The Council hopes to schedule a meeting to specifically help taxpayers understand their tax bills and how to appeal their assessments.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Kinch, Councilors Barros, Barry, Chadwick, Hodge, Tetreault, Vitali.
NOES - 0.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Kinch, Councilors Barros, Barry, Chadwick, Hodge, 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, 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, Tetreault and Vitali.
NOES - 0.
UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE, THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Kinch, Councilors Barros, Barry, Chadwick, Hodge, Tetreault and Vitali.
NOES - 0.
AN ORDINANCE IN AMENDMENT OF CHAPTER 388 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “VEHICLES AND TRAFFIC.” (ESTABLISHING PENALTIES FOR PARKING VIOLATIONS – BUS STOP AND CROSS WALK)
THE FOLLOWING ORDINANCE, RETURNED BY THE ORDINANCE COMMITTEE WITH THE RECOMMENDATION OF APPROVAL, IS TAKEN UP:
AN ORDINANCE ESTABLISHING A PENALTY OF THIRTY ($30.00) DOLLARS ON CHECKS PAYABLE TO THE CITY OF PAWTUCKET WHICH ARE RETURNED UNPAID FOR ANY REASON. (ESTABLISHING A $30.00 PENALTY ON RETURNED CHECKS)
THE CHAIR RECOGNIZES COUNCILOR HODGE.
Upon motion made by Councilor Hodge, seconded by Councilor Chadwick, the following ordinance is LAID ON THE TABLE on a unanimous voice vote:
AN ORDINANCE ESTABLISHING A PENALTY OF THIRTY ($30.00) DOLLARS ON CHECKS PAYABLE TO THE CITY OF PAWTUCKET WHICH ARE RETURNED UNPAID FOR ANY REASON. (ESTABLISHING A $30.00 PENALTY ON RETURNED CHECKS)
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, the following motion made by Councilor Hodge, seconded by Councilor Chadwick, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Ronald L. Wunschel, Director of Finance and Cheryl L. DiGiuseppe, Tax Collector, regarding the ordinance establishing a $30.00 penalty on returned checks. The Council would like to know if the city gets charged by financial institutions when a check paid to the city by a customer is returned unpaid. If so, what is the fee or range of fees that the city is charged by the various financial institutions?
THE FOLLOWING ORDINANCE, RETURNED BY THE ORDINANCE COMMITTEE, IS TAKEN UP:
AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ZONING ORDINANCE” (Text and Official Zoning Maps – (Pet Care Services)
THE CHAIR RECOGNIZES COUNCILOR HODGE.
Upon motion made by Councilor Hodge, seconded by Councilor Barry, the following ordinance is TAKEN UNDER ADVISEMENT on a unanimous voice vote:
AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ZONING ORDINANCE” (Text and Official Zoning Maps – (Pet Care Services)
THE FOLLOWING LICENSE WAS LAID ON THE TABLE AT THE MEETINGS HELD MAY 20, 2009, JUNE 10 & 24 2009, JULY 8 & 22, 2009, AND IS AGAIN TAKEN UP AND IS DENIED ON A UNANIMOUS VOICE VOTE:
ENTERTAINMENT –
Petition of Ministerio International Bethel to conduct a Preaching & Gospel (live music) service at 17 James Street, parking lot, on every Saturday from May thru September 2009, from 5:00 p.m. to 9:00 p.m. LIC#5122
THE FOLLOWING PETITION FOR LICENSE WAS LAID ON THE TABLE AT THE MEETING HELD ON JULY 22, 2009, AND IS AGAIN TAKEN UP AND IS APPROVED ON A UNANIMOUS VOICE VOTE:
PEDDLER – New
Ridgenay Associates LLC d/b/a Mickeys Snack Bar, 67 Pine Hill Ave., Johnston, RI, LIC#5181
DRIVER: Kevin Bradley 797 Weeden St., Pawtucket, RI
TO PEDDLE: Hotdogs, hamburgers, etc
LOCATION: 592 Smithfield Ave., Pawtucket, RI
THE FOLLOWING PETITION FOR LICENSE IS APPROVED ON A UNANIMOUS VOICE VOTE:
VICTUALLING HOUSE First Class – Transfer
Jacs Wraps Inc., d/b/a Jacs Wraps, (transfer from Copious Holdings LLC d/b/a Jacs Wraps) 385 East Avenue, LIC#5158
*THE FOLLOWING PETITIONS FOR LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
ENTERTAINMENT
Petition of Mixed Magic Theatre, for a license to conduct a live theatre, at Town Landing, on August 13, 14, 15, 16, 20, 21, 22, 23, 2009, from 6:00 p.m. until 9:30 p.m., LIC#5214
Petition of Rhode Island Watercolor Society, for a license to conduct an art preview reception for annual national show, at Slater Memorial Park, 441 Newport Avenue, on Saturday, October 3, 2009, from 6:00 pm to 9:00 pm LIC#5276
PEDDLER – New
Ridgenay Associates LLC d/b/a Mickeys Snack Bar, 67 Pine Hill Ave., Johnston, RI, LIC#5181
DRIVER: Frank Perry, 197 Garden St., Pawtucket, RI
TO PEDDLE: Hotdogs, hamburgers, etc
LOCATION: 592 Smithfield Ave., Pawtucket, RI
WASTE HAULER – Renewal
Papa, Stacey d/b/a Discount Disposal, 19C Buck Hill Road, Johnston, RI, LIC#3351
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Debra Pinto by Joseph J. Voccola & Associates - $100,000.00
Matthew Mooney - $405.00
Yard Works, Inc. by David P. DeStefano, Esq. - $39,211.24
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Kinch, Councilors Barros, Barry, Chadwick, Hodge, Tetreault and Vitali.
NOES - 0.
Kenneth Louro - $745.35
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Kinch, Councilors Barros, Barry, Chadwick, Hodge, Tetreault and Vitali.
NOES - 0.
Kelvin Cole - $70.00
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Kinch, Councilors Barros, Barry, Chadwick, Hodge, Tetreault and Vitali.
NOES - 0.
Carol Van Dale - $122.60
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE DENIED ON UNANIMOUS VOICE VOTE:
Herb Jeschko - $275.38
Joseph D’Orio - $100.00
Lisa Penta by Travelers Insurance - $3,994.26
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS TAKEN UNDER ADVISEMENT AND REFERRED TO THE LEGAL DEPARTMENT ON A UNANIMOUS VOICE VOTE:
Antone Perry by Damon M. D’Ambrosio – No Amount Specified
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS TAKEN UNDER ADVISEMENT AND REFERRED TO THE LEGAL DEPARTMENT AND THE PAWTUCKET WATER SUPPLY BOARD ON A UNANIMOUS VOICE VOTE:
DeSanctis Insurance Agency by Kenney & Sams PC - $224,844.57 plus interest
THE CHAIR RECOGNIZES COUNCILOR VITALI.
With majority consent of the Council, the following motion made by Councilor Vitali, seconded by Councilor Hodge, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Mayor James E. Doyle. Councilor Vitali requested that he look into how no one in the administration knew that the $400,000 for Lynch Arena could not be used in the general fund.
Also, President Kinch requested that Mayor Doyle contact the city’s congressional delegation to try to get a waiver from HUD, so that the money could be used for general city expenses, rather than for a federally funded/approved project.
In addition, President Kinch would like to know how the administration plans to make up for the loss of this revenue, which the city planned to use to offset any revenue losses due to successful revaluation appeals.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, the following motion made by Councilor Hodge, seconded by Councilor Chadwick, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Ronald L. Wunschel, Director of Finance, requesting an accounting of all the city funds, including, but not limited to bond funds, which have been spent on the Lynch Arena over the years. The Council is trying to make a case for allowing the $400,000 sale price of the rink to be placed in the city’s general fund.
Upon motion made by Councilor Hodge, seconded by Councilor Chadwick, the meeting is adjourned at 10:25 p.m.