A regular session of the Pawtucket City Council is held Wednesday, August 19, 2009, at 12:41 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – President Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault, Vitali and Wildenhain.
Absent – 0.
President Kinch presides.
The reading of the records of August 5, 2009 is dispensed with and the records are APPROVED as prepared by the Clerk.
Upon motion made by Councilor Hodge, seconded by Councilor Moran, the *Consent Agenda is APPROVED, on a unanimous voice vote.
*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:
| ** | A. Communication from the Pawtucket Parks Commission to Mayor James E. Doyle (Petition Not to Reappoint Pawtucket Parks Commissioner Maggi Rogers) |
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| | B. Communication from Wendy J.W. Marshall, CMC, Middletown Town Clerk to Municipal Clerks (Resolution to Enact Legislation Criminalizing Prostitution) |
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| | C. Communication from Jean M. Fecteau, Glocester Town Clerk to Cities and Towns (Resolution Opposing the Rate Hikes Proposed by Blue Cross and United Health) |
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| | D. Communication from Joanne M. Mower, Portsmouth Deputy Town Clerk to Municipal Clerks (Resolution Urging Support of US Supreme Court Opinion in Carcieri v. Salazar) |
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| | E. Communication from Department of Environmental Management to the City of Pawtucket (Construction of Fish ladders and Eel Ladder to the Main Street Dam) |
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| | F. Communication from Rhode Island Clean Water Finance Agency to the City of Pawtucket (Various Forms and Statements) |
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| | G. Communication from Rhode Island Coastal Resources Management Council to the City of Pawtucket (Changes in Management Procedures Fees) |
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| | H. Communication from Jeannine S. Bourski, Deputy Finance Director, to Henry S. Kinch, Jr., President, Pawtucket City Council (Uniform Overtime FY10) |
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| | I. Communication from Mayor James E. Doyle to the Honorable Council Members (Response – Charter Review Commission) |
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| | J. Communication from George L. Kelley, III, Chief of Police, to Richard J. Goldstein, City Clerk (Response – Thurber Street Traffic Enforcement Study) |
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| | K. Communication from Ronald L. Wunschel, Director of Finance, to the Pawtucket City Council (Response – Ice Rink Expenditures) |
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| | L. Communication from Cheryl L. DiGiuseppe, Tax Collector, to Richard J. Goldstein, City Clerk (Response – Establishing a $30.00 Penalty on Returned Checks) |
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| | N. Communication from Sean A. Gormley, Site Development Manager, SBA Network Services, Inc., to Richard J. Goldstein, City Clerk (Proposal to remove Grotto Avenue Smoke Stack and New Tower Replacement) is READ AND ORDERED FILED and REFERRED TO THE CITY PROPERTY COMMITTEE |
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| | O. Communication from Michael F. Horan, Esq., to the City of Pawtucket (Moratorium Auto Repair License - John Martins, new owner of Firestone Tire and Rubber Company) is READ AND ORDERED FILED and REFERRED TO THE LICENSE COMMITTEE |
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| ** | P. Communication from Chief Brother to the Bear Cole to the Pawtucket City Council (Metis/Native American Museum in Slater Park) is READ AND ORDERED FILED and REFERRED TO THE RECREATION COMMITTEE |
**TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY, NO OTHER ACTION TAKEN.
Mayor James E. Doyle discusses the following with the Pawtucket City Council.
THE CHAIR RECOGNIZES COUNCILOR BARROS.
Upon motion made by Councilor Barros, seconded by Councilor Chadwick, the following communication is LAID ON THE TABLE.
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
With majority consent of the Council, Councilor Wildenhain introduces the following claim:
Claim from Robert and Gisele Pailthorpe to the Pawtucket City Council in the amount of $6,958.00
Upon motion made by Councilor Wildenhain, seconded by Councilor Barry, the following claim is REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS.
Communication from His Honor, Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council, submitting the following reappointment as a member of the Parks Commission, FOR CONFIRMATION:
PARKS COMMISSION
The following nomination submitted by His Honor, Mayor James E. Doyle, for confirmation is CONFIRMED on a roll call vote, as follows:
AYES – President Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault, Vitali and Wildenhain.
NOES - 0.
Richard Tierney, 52 Stafford Street, Pawtucket, RI 02861, term expires the first Monday in August, 2012.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, Councilor Moran introduces the following communication:
Upon motion made by Councilor Moran, seconded by Councilor Barry, the following communication is READ AND ORDERED FILED.
Communication from Mary Bouley, contstituent, regarding loud noise, cars speeding and other problems on Benefit Street and also a crack in the road that needs repair.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, the following motion made by Councilor Moran, seconded by Councilor Barry, is PASSED on unanimous voice vote:
The Clerk is instructed to send a communication to George L. Kelley, III, Chief of Police, regarding noise and other problems on Benefit Street, per the letter of Mary Bouley, constituent. The Council would like a report of your findings and actions taken by the police to eliminate these problems.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, the following motion made by Councilor Moran, seconded by Councilor Barry, is PASSED on unanimous voice vote:
The Clerk is instructed to send a communication to John E. Carney, Director of Public Works, regarding a crack on Benefit Street that was repaired awhile ago, but needs to be repaired once again per the letter of Mary Bouley, constituent.
COUNCILOR WILDENHAIN LEAVES THE CHAMBERS AT 1:01 P.M.
Communication from His Honor, Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council, submitting the following reappointment as a member of the Pawtucket Redevelopment Agency, FOR CONFIRMATION:
PAWTUCKET REDEVELOPMENT AGENCY
The following nomination submitted by His Honor, Mayor James E. Doyle, for confirmation is CONFIRMED on a roll call vote, as follows:
AYES – President Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
Roger A. Lemoie, 51 Julian Street, Pawtucket, RI 02861, term expires September 12, 2014.
THE CHAIR RECOGNIZES COUNCILOR BARRY.
With majority consent of the Council, the following motion made by Councilor Barry, seconded by Councilor Chadwick, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to James DeCelles, Chief Engineer, PWSB, requesting that the PWSB notify water users, through a newspaper ad or some other method, when there is going to be a problem with water quality or when an ongoing unexpected occurrence causes problem with water quality that lasts for several days.
COUNCILOR MORAN LEAVES THE CHAMBERS AT 1:07 P.M.
AYES – President Kinch, Councilors Barros, Barry, Chadwick, Hodge, Tetreault and Vitali.
NOES - 0.
Communication from Cheryl L. DiGiuseppe, Tax Collector, to the Pawtucket City Council.
(10 Month Hardship Tax Plan)
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, 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.
THE FOLLOWING ORDINANCE WAS LAID ON THE TABLE AT THE MEETING HELD AUGUST 5, 2009, AND IS AGAIN 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.
With majority consent of the Council, Councilor Hodge introduces the following amendment to the above ordinance:
AMENDMENT:
Change the following:
AN ORDINANCE ESTABLISHING A PENALTY OF THIRTY ($30.00) TEN ($10.00) DOLLARS ON CHECKS PAYABLE TO THE CITY OF PAWTUCKET WHICH ARE RETURNED UNPAID FOR ANY REASON. (ESTABLISHING A $30.00 $10.00 PENALTY ON RETURNED CHECKS)
SECTION 1. A penalty of Thirty ($30.00) Ten ($10.00) dollars shall be imposed for all checks payable to the City of Pawtucket or any agency or department thereof which are returned unpaid for any reason.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
Upon motion made by Councilor Hodge, seconded by Councilor Chadwick, the following AMENDMENT is APPROVED, on a roll call vote, as follows:
AYES – President Kinch, Councilors Barros, Chadwick, Hodge, Tetreault and Vitali.
NOES – Councilor Barry.
AMENDMENT:
Change the following:
AN ORDINANCE ESTABLISHING A PENALTY OF THIRTY ($30.00) TEN ($10.00) DOLLARS ON CHECKS PAYABLE TO THE CITY OF PAWTUCKET WHICH ARE RETURNED UNPAID FOR ANY REASON. (ESTABLISHING A $30.00 $10.00 PENALTY ON RETURNED CHECKS)
SECTION 1. A penalty of Thirty ($30.00) Ten ($10.00) dollars shall be imposed for all checks payable to the City of Pawtucket or any agency or department thereof which are returned unpaid for any reason.
The following ordinance is read for the first time, AS AMENDED on a roll call vote, as follows:
AYES – President Kinch, Councilors Barros, Chadwick, Hodge, Tetreault and Vitali.
NOES – Councilor Barry.
AN ORDINANCE ESTABLISHING A PENALTY OF THIRTY ($30.00) TEN ($10.00) DOLLARS ON CHECKS PAYABLE TO THE CITY OF PAWTUCKET WHICH ARE RETURNED UNPAID FOR ANY REASON. (ESTABLISHING A $30.00 $10.00 PENALTY ON RETURNED CHECKS), AS AMENDED.
COUNCILOR BARRY LEAVES THE CHAMBERS AT 1:24 P.M.
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, Tetreault and Vitali.
NOES - 0.
AN ORDINANCE IN AMENDMENT OF CHAPTER 363 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED, “TAXATION” (Exemptions 2009)
The following communication is READ AND ORDERED FILED and the request for name change is APPROVED on a unanimous voice vote:
*THE FOLLOWING PETITIONS FOR LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
ENTERTAINMENT –
Petition of Cristina Ferreira for a license to conduct an Clews Street Block Party, closing street from Clews to Gould Street on August 29, 2009 from 3:00 pm to 10:00 pm LIC#5289
Petition of Fidjos Di Djabraba for a license to conduct a Concert at the parking lot of 682 Roosevelt Avenue on Saturday, September 5, 2009 and Sunday, September 6, 2009 from 5:00 p.m. to 10:00 p.m. LIC#5301
Petition of Italian DIP Club for a license to conduct an Annual Family Picnic at 35 Memorial Drive on Saturday, September 19, 2009 from 12:00 p.m. to 11:00 p.m. LIC#5299
Petition of Knowledge is Power for a license to conduct an Block Park in the Payne Park, West Avenue, closing West Avenue, on Sunday, August 23, 2009 (rain date August 30, 2009) from 2:00 pm to 9:00 pm LIC#5281
Petition of Manfredo’s Gym for a license to conduct a Boxing Match at 179 Conant Street on Saturday, September 12, 2009 from 9:30 am to 3:00 pm, LIC#5296
Petition of Pentecostal Church for a license to conduct an event with preaching and live music, in the parking lot at 300 Barton Street, C-Town Supermarket, on August 27, 28, 29, 30, 31, September 1, 2009 from 6:30 pm to 9:30 pm, LIC#5302
Petition of St. Paul’s Church for a license to conduct an National Neighborhood Day Block Party and Festival, 50 Park Place, on Sunday, September 20, 2009, from 1:00 pm to 4:00 pm LIC#5284
FIRE ARMS – Renewal
John Francis d/b/a Competition Shooting Supplies, 435 Benefit Street, LIC# 3074
WASTE HAULER – Renewal
Gueuremont, Albert d/b/a Roll-A-Way Disposal, 86 Knight Street, Warwick, RI, LIC#3346
TLA Providence LLC, d/b/a/ TLA Pond View, 1 Dexter Road, East Providence, RI LIC#5073
Kennedy, Bill d/b/a Waste Management of RI, 1610 Pontiac Avenue, Cranston, RI, LIC#3361
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Steven Beaudette - $1,459.11-$1,616.44
Stephen Cunha - $15,683.47
Paul Pion - $1,360.10-$2,077.75
Maceo Mahaffey - $10,000.00
Tracy and Joanne B. Tom by Kevin Daley, Esq. - $3 Million
Maria Turmel - $15,500.00
Upon motion made by Councilor Hodge, seconded by Councilor Vitali, the meeting is adjourned at 1:27 p.m.