City Council, February 25, 2009
A regular session of the Pawtucket City Council is held Wednesday, February 25, 2009, at 7:03 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – President Kinch, Councilors Barros, Chadwick, Hodge, Moran, Tetreault, Vitali and Wildenhain.
Absent – Councilor Barry.
President Kinch presides.
The reading of the records of February 11, 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 Louise R. Phaneuf, Burrillville Town Clerk, to Rhode Island City and Towns (Support of Resolutions Regarding the FY2009 Supplemental Budget) |
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| | B. Communication from Louise R. Phaneuf, Burrillville Town Clerk, to Rhode Island City and Towns (Support of Resolution Regarding Legislation Requiring Utilities to Pay for Relocation of Infrastructure) |
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| | C. Communication from Kim A. Casci, East Providence Clerk, to Rhode Island City and Towns (Support of Resolution Regarding Necessary Municipal Tools Contained in the FY2009 Supplemental Budget Proposal) |
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| | D. 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 January 31, 2009) |
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| | E. Communication from Maurice P. Trottier, Korean War Veteran, to Henry S. Kinch, Jr., President, Pawtucket City Council (Requesting to Install Korean War Monument) is READ AND ORDERED FILED and REFERRED TO THE CITY PROPERTY COMMITTEE |
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| | F. Communication from Michael D. Cassidy, Director of Planning and Redevelopment, to the Pawtucket City Council (Proposed Zoning Map Amendment, Mill Building Redevelopment District, 400 Pine Street) |
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| | G. An Ordinance in Amendment of Chapter 410 of the Code of Ordinances of the City of Pawtucket 1996, Entitled “Zoning” is LAID ON THE TABLE and REFERRED TO THE ORDINANCE COMMITTEE. |
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| | H. 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 Festival on Fridays, Saturdays and Days Before Holidays) is LAID ON THE TABLE and REFERRED TO THE ORDINANCE COMMITTEE. |
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| | I. An Ordinance Amending Section 388-64 of the Code of Ordinances of the City of Pawtucket, 1996, Entitled Memorial Hospital “Hospital Zone” Parking (Rhode Island Avenue) is LAID ON THE TABLE and REFERRED TO THE ORDINANCE COMMITTEE. |
Communication from His Honor, Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council, submitting the following appointment as a member of the Juvenile Hearing Board, FOR CONFIRMATION:
JUVENILE HEARING BOARD
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, Chadwick, Hodge, Moran, Tetreault, Vitali and Wildenhain.
NOES - 0.
Michael D. Maher, 80 Spring Street, Pawtucket, RI 02860, term expires the first Monday in December, 2012.
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 Board of Canvassers, FOR CONFIRMATION:
BOARD OF CANVASSERS
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, Chadwick, Hodge, Moran, Tetreault, Vitali and Wildenhain.
NOES - 0.
Edward Catone, Jr., 78 Margaret Street, Pawtucket, RI 02860, term expires the first Monday in March, 2015.
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING REQUEST IS DENIED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Kinch, Councilors Barros, Chadwick, Hodge, Moran, Tetreault, Vitali.
NOES – Councilor Wildenhain.
Communication from Ronald L. Wunschel, Director of Finance, to the Pawtucket City Council, requesting a $600.00 donation for the shortfall of the Broad Street Winter Festival
THE FINANCE COMMITTEE RETURNS THE FOLLOWING REQUEST WITH A RECOMMENDATION TO DENY:
Upon motion made by Councilor Moran, seconded by Councilor Chadwick, the motion to DENY the following request is DEFEATED on a roll call vote, as follows:
AYES – President Kinch, Councilors Hodge, Moran, and Tetreault.
NOES – Councilor Barros, Chadwick, Vitali and Wildenhain.
Communication from Mayor James E. Doyle to the Pawtucket City Council (Inauguration Expenses/Home Heating Assistance)
COUNCILOR BARRY ARRIVES IN THE CHAMBERS AT 7:25 P.M.
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING RATIFICATION IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault, Vitali and Wildenhain.
NOES - 0.
UPON RECOMMENDATION OF THE CITY PROPERTY COMMITTEE, THE FOLLOWING RESOLUTION IS READ AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault, Vitali and Wildenhain.
NOES - 0.
THE COUNCIL RECESSES AT 7:35 P.M.
THE COUNCIL RECONVENES AT 7:55 P.M.
UPON RECOMMENDATION OF THE CITY PROPERTY COMMITTEE, THE FOLLOWING RESOLUTION IS READ AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault, Vitali and Wildenhain.
NOES - 0.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, the following motion made by Councilor Moran, seconded by Councilor Chadwick, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to George L. Kelley, III, Chief of Police, requesting that the police set up a patrol at the intersection of Grand Avenue and Cottage Street, between 12:00 noon and 4:00 p.m., to check on vehicles rolling through the 4-way stop signs.
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, Moran, Tetreault, Vitali and Wildenhain.
NOES – 0.
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, Moran, Tetreault, Vitali and Wildenhain.
NOES – 0.
THE FOLLOWING RESOLUTION, RETURNED BY THE FINANCE COMMITTEE WITHOUT A RECOMMENDATION, IS TAKEN UP:
RESOLUTION AUTHORIZING THE ISSUANCE OF TAX ANTICIPATION NOTES
THE CHAIR RECOGNIZES COUNCILOR BARROS.
Upon motion made by Councilor Barros, seconded by Councilor Barry, the following resolution is LAID ON THE TABLE on a unanimous voice vote:
RESOLUTION AUTHORIZING THE ISSUANCE OF TAX ANTICIPATION NOTES
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, Moran, Tetreault, Vitali and Wildenhain.
NOES – 0.
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, Moran, Tetreault, Vitali and Wildenhain.
NOES – 0.
THE COUNCIL TAKES UP THE FOLLOWING:
RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF AN EQUIPMENT LEASE/PURCHASE AGREEMENT, AND RELATED INSTRUMENTS, FUNDING OF THE FY2009 LEASE PURCHASE EQUIPMENT LIST PLUS RELATED EXPENSES, AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
Upon motion made by Councilor Hodge, seconded by Councilor Moran, the title of the above resolution is AMENDED to read as follows, on a roll call vote, as follows:
AYES – President Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault, Vitali and Wildenhain.
NOES – 0.
AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH.
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, Moran, Tetreault, Vitali and Wildenhain.
NOES – 0.
AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault, Vitali and Wildenhain.
NOES – 0.
COUNCILOR BARRY LEAVES THE CHAMBERS AT 8:38 P.M.
UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE, THE AMENDMENTS TO THE ORDINANCE ENTITLED “AN ORDINANCE IN AMENDMENT OF CHAPTER 63 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “PERSONNEL POLICIES.” (City Owned Vehicles)” ARE APPROVED ON ROLL CALL VOTES, AS FOLLOWS:
A. Amend § 63-3. (a)
Automobiles shall be provided to the following City positions and the vehicles will be allowed to be garaged at the residence of the assigned individual after established work hours:
The Mayor/Director of Public Safety
The Police Chief
Majors of the Police Department
The Fire Chief
The Assistant Fire Chief
The Director of Public Works
Superintendent of Streets and Bridges
Traffic Engineering Supervisor
Director of Zoning Enforcement
Director of Emergency Management
Add the following:
K-9 OFFICERS
AYES – President Kinch, Councilors Barros, Chadwick, Hodge, Moran, Tetreault, Vitali and Wildenhain.
NOES - 0.
Add the following to § 63-3. (a)
THE ANIMAL CONTROL OFFICER OF HIS/HER DESIGNEE
AYES – President Kinch, Councilors Barros, Chadwick, Hodge, Moran, Tetreault, Vitali and Wildenhain.
NOES - 0.
COUNCILOR BARRY RETURNS TO THE CHAMBERS AT 8:43 P.M.
Add the following to § 63-3. (a)
THE SPECIAL SQUAD
Add § 63-3. (f)
(F.) SPECIAL SQUAD GAS USAGE SHALL BE CAPPED AT 700 GALLONS/MONTH. THE COST OF GASOLINE USAGE ABOVE THE CAP SHALL BE REIMBURSED TO THE CITY FROM THE POLICE DEPARTMENT’S STATE OR FEDERAL SEIZURE FUND.
AYES – President Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault, Vitali and Wildenhain.
NOES - 0.
D. Add the following to § 63-3. (a)
ONE POOL VEHICLE FOR FIRE PREVENTION OFFICERS
AYES – President Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault, Vitali and Wildenhain.
NOES - 0.
Add the following to § 63-3. (a)
IN ADDITION, FOR POLICE MATTERS ONLY, THE CHIEF OF POLICE SHALL BE EMPOWERED TO AUTHORIZE ADDITIONAL USE OF POLICE VEHICLES TO BE GARAGED AT THE HOME OF POLICE DEPARTMENT PERSONNEL FOR A FINITE PERIOD OF TIME.
AYES – President Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault, Vitali and Wildenhain.
NOES - 0.
F. Add the following to § 63-3.
(c) No other City vehicle shall be taken home after established work hours unless specific approval is granted by the City Council to a City Vehicle Justification Petition (CVJP) submitted by a duly authorized department head. The CVJP shall first be approved by the Mayor or his/her designee. Only one vehicle per CVJP will be considered by the Council. The Council reserves the right to reconsider a CVJP at any time. THE CITY COUNCIL SHALL NOT CONSIDER ANY CVJP THAT HAS NOT BEEN APPROVED FIRST BY THE MAYOR OR HIS/HER DESIGNEE.
AYES – President Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault, Vitali and Wildenhain.
NOES - 0.
G. All the following to §63-3. (e)
No city owned vehicle is to be operated while under the influence of alcohol or any controlled substance, PURSUANT TO RHODE ISLAND GENERAL LAW § 31-27-2, OR ANY SUBSEQUENT STATE LAW PERTAINING TO DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS.
AYES – President Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault, Vitali and Wildenhain.
NOES - 0.
THE CHAIR RECOGNIZES COUNCILOR VITALI.
With majority consent of the Council, the following motion made by Councilor Vitali, seconded by Councilors Moran and Hodge, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to John E. Carney, Director of Public Works, requesting information on any reimbursements that the city is expecting from the state as a result of the Rte. 95 bridgework in Pawtucket. The Council specifically mentioned money for the work that has and will need to be done on the streets around the bridge and money to help offset losses to the businesses caused by the closing of the bridge and the rerouting of traffic.
THE CHAIR RECOGNIZES COUNCILOR VITALI.
With majority consent of the Council, the following motion made by Councilor Vitali, seconded by Councilors Moran and Hodge, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to the Pawtucket General Assembly Delegation requesting that they introduce legislation to have a portion of the fines collected by the state from truck drivers who illegally travel over the Rte. 95 Bridge in Pawtucket to be used for the work that has and will need to be done on the street around the bridge and money to help offset losses to the businesses caused by the closing of the bridge and the rerouting of traffic.
UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE, THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME, AS AMENDED, AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault, Vitali and Wildenhain.
NOES – 0.
AN ORDINANCE IN AMENDMENT OF CHAPTER 63 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “PERSONNEL POLICIES.” (City Owned Vehicles), AS AMENDED.
THE CHAIR RECOGNIZES COUNCILOR VITALI.
With majority consent of the Council, the following motion made by Councilor Vitali, seconded by Councilor Chadwick, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to John E. Carney, Director of Public Works and William Mulholland, Superintendent, Pawtucket Parks & Recreation requesting that they look into placing a gate on the southerly end of the Vets’ Park parking lot for traffic to exit onto Smithfield Avenue and for use by emergency vehicles to alleviate heavy traffic in the parking lot.
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, Barry, Chadwick, Hodge, Moran, Tetreault, Vitali and Wildenhain.
NOES - 0.
AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET FOR UNIFORM MEMBERS OF THE FIRE DEPARTMENT, JULY 1, 2007 – JUNE 30, 2008, AND REPEALING CHAPTER 2817 IN ITS ENTIRETY.
COUNCILOR BARRY LEAVES THE CHAMBERS AT 9:08 P.M.
THE FOLLOWING LICENSE WAS LAID ON THE TABLE AT THE MEETING HELD FEBRUARY 11, 2009 AND IS AGAIN LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
POOL TABLE - Renewals
Dancinbr Enterprises LLC d/b/a Ray’s Boulevard Tap, 572 Armistice Blvd. (1) Weekdays LIC#5064
THE CHAIR RECOGNIZES COUNCILOR HODGE.
Upon motion made by Councilor Hodge, seconded by Councilor Moran, the following license is removed from the consent agenda on a unanimous voice vote:
DRIVER: Shannon Issler, 811 Mineral Spring Avenue, Pawtucket, RI
PEDDLE: Balloons, Toys, etc.
LOCATION: All of Pawtucket
THE CHAIR RECOGNIZES COUNCILOR HODGE.
Upon motion made by Councilor Hodge, seconded by Councilor Moran, the following license is LAID ON THE TABLE on a unanimous voice:
DRIVER: Shannon Issler, 811 Mineral Spring Avenue, Pawtucket, RI
PEDDLE: Balloons, Toys, etc.
LOCATION: All of Pawtucket
THE FOLLOWING APPLICATION FOR LICENSE IS WITHDRAWN AT THE REQUEST OF THE APPLICANT:
ENTERTAINMENT –
Petition of Grupo Tradigao Inc., to conduct a fundraiser at 999 Main Street, on Saturday, March 7, 2009 from 7:00 pm to 1:00 am., LIC#5091
*THE FOLLOWING PETITIONS FOR LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
PEDDLER LICENSE - Renewal
Palagi’s 2000, Inc. d/b/a Palagi’s Ice Cream, 55 Bacon St., LIC#4918
DRIVER: Alejandro Arteaga, 237 Suffolk Ave., Pawtucket, RI
PEDDLE: Ice Cream
LOCATION: All of Pawtucket
PEDDLER LICENSE – New
New England Novelty, 461 Main Street, LIC#5099
DRIVER: Keith Lambea, 811 Mineral Spring Avenue, Pawtucket, RI
PEDDLE: Balloons, Toys, etc.
LOCATION: All of Pawtucket
DRIVER: Frank Parker, 1220 Roosevelt Avenue, Pawtucket, RI
PEDDLE: Balloons, Toys, etc.
LOCATION: All of Pawtucket
DRIVER: Jane O’Donnell
PEDDLE: Balloons, Toys, etc.
LOCATION: All of Pawtucket
PINBALL & AMUSEMENT DEVICES – New
Blackstone at Hope LLC d/b/a Blackstone, 1005 Main St. (1) Weekdays & Sundays LIC#5090
POOL TABLE – New
Blackstone at Hope LLC d/b/a Blackstone, 1005 Main St. (2) Weekdays & Sundays LIC#5089
POOL TABLE - Renewals
JK Club LLC d/b/a J K Club, 520 Cental Ave. (1) LIC#4932
Chazarie Inc., d/b/a Broadway Pub, 605 Broadway, (1) Weekdays & Sundays LIC#3170
VICTUALLING HOUSE – New
Las Margaritas Restaurant LLC d/b/a Las Margaritas Restaurant, (prev. Fermin Fuentes d/b/a Los 3 Amigos Restaurant) 200 Mineral Spring Ave. LIC#5092
VICTUALLING HOUSE – Transfer
Tiggers Restaurant LLC d/b/a Tiggers Two, 429 Benefit Street (transfer from 844 Newport Avenue) LIC# 5093
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Leo Antaya - $850.00
Christine Brehm - $1,878.98
Lisa Dalton - $90.84
Edward Halloran - $250.22
David Forget by Charles Vucci, Esq. - $100,000.00
John Kinkamper - $200.00
Joao Pereira - $1,884.97-$4,147.68
Nelson Roque by Progressive Insurance - $7,069.82
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, Councilor Moran introduces the following claim with the recommendation for approval of the Committee on Claims and Pending Suits:
Aguinaldo Vieira - $150.00
Upon motion made by Councilor Moran, seconded by Councilor Hodge, the following claim is APPROVED on a roll call vote, as follows:
AYES – President Kinch, Councilors Barros, Chadwick, Hodge, Moran, Tetreault, Vitali and Wildenhain.
NOES - 0.
Aguinaldo Vieira - $150.00
THE CHAIR RECOGNIZES COUNCILOR HODGE
With majority consent of the council, Councilor Hodge introduces the following resolution:
RESOLUTION OF THE CITY COUNCIL DIRECTING THE BUILDING OFFICIAL TO USE THE MARCH 2, 2009 CITY OF PAWTUCKET FLOOD INSURANCE RATE MAPS (FIRM), AND FLOOD BOUNDARY, AND FLOODWAY MAP
Upon motion made by Councilor Hodge, seconded by Councilor Chadwick, the following resolution is PASSED on a roll call vote, as follows:
AYES – President Kinch, Councilors Barros, Chadwick, Hodge, Moran, Tetreault, Vitali and Wildenhain.
NOES - 0.
Upon motion made by Councilor Hodge, seconded by Councilor Vitali, the meeting is adjourned at 9:15 p.m., in memory of Jeanne Marie McNally Troy.