July 8, 2009 - Regular City Council Session

 

City Council, July 8, 2009

 

 

A regular session of the Pawtucket City Council is held Wednesday, July 8, 2009, at 7:17 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI. 

 

Present – President Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault, Wildenhain and Vitali.

 

Absent – 0.

 

President Kinch presides.

 

 

THE COUNCIL RECESSES IMMEDIATELY TO CONDUCT THE PRE-COUNCIL SESSIONS.

 

THE COUNCIL RECONVENES AT 7:41 P.M.

 

 

The reading of the records of June 17, 2009, June 24, 2009 and June 29, 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.

 

 

*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:

 

590

A.    Communication from Mayor James E. Doyle to the Honorable Members of the Pawtucket City Council (Thomas J. Queenan Declines to be Reappointed to the Riverfront Commission)

 

 

028

B.     Communication from Julie A. Coelho, Warren Town Clerk, to City and Town Clerks (Resolution in Support of House Bill H5039 and Resolution in Opposition of Health Insurance Rate Hikes)

 

 

624

D.    Communication from Joseph Roque, Purchasing Agent, to the Pawtucket City Council (Emergency Purchase Authorizations – June 2009)

 

 

7

E.     Communication from Rhode Island Clean Water Finance Agency to the City of Pawtucket (Various Forms and Statements)

 

 

 

G.    An Ordinance Authorizing Oswaldo and Sandra Paternina, 28 Ballou Street, Lincoln, RI, Assessor’s Plat 6, Lot 334 to Tie into the Pawtucket Sewer System at Ballou Street is READ AND ORDERED FILED and LAID ON THE TABLE WITH THE RECOMMENDATION OF APPROVAL BY THE CITY PROPERTY COMMITTEE

 

 

**

H.    Communication from Paul Bettencourt to the Pawtucket City Council (Fishing at the School Street Pier) is READ AND ORDERED FILED and REFERRED TO THE ORDINANCE COMMITTEE

 

 

 

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

 

 

611  C.   Communication from Ronald L. Wunschel, Director of Finance, to the Pawtucket City Council (Tax Exemptions) is READ AND ORDERED FILED.

 

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 a unanimous voice vote:

 

The clerk is instructed to send a communication to Mayor James E. Doyle requesting that an ad be put in the newspapers explaining the reasons for this year’s tax increase, what the city has done to reduce the cost of government, how revaluation affects the tax bills and how the tax exemptions have not gone down.  Also, it was suggested that the city hold a public forum on the property tax so that people can ask questions and get information about their tax bills.

 

 

THE CHAIR RECOGNIZES COUNCILOR HODGE.

 

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

 

The clerk is instructed to send a communication to Margaret M. Lynch-Gadaleta, Esq., City Solicitor and Ronald L. Wunschel, Director of Finance, requesting that they work together to prepare the necessary amendments to update the exemption ordinances in Chapter 363 of the Code of Ordinances. He also wants to know why the exemptions were not updated after the last statistical update three years ago.

 

 

028  F.    Communication from Michael P. Lewis, Director, Department of Transportation, to Richard J. Goldstein, City Clerk (Response – Repairs to Local Infrastructure)

 

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 Michael Lewis, Director, RIDOT, regarding the stretch of road from Rt. 95 North Exit 27 to the Division Street being used as a detour for the bridge 550 project. The Council believes that this road needs repairs and upgrades immediately to avoid serious damage to vehicles and injuries to individuals.

 

 

UPON UNANIMOUS CONSENT OF THE COUNCIL, THE FOLLOWING RESOLUTION IS TAKEN UP:

 

RESOLUTION OF THE CITY COUNCIL CONVEYING CITY PROPERTY LOCATED AT 25 ANDREW FERLAND WAY, PAWTUCKET, RI TO B V S REALTY LLC (DENNIS M. LYNCH ARENA)

 

 

THE FOLLOWING RESOLUTION WAS LAID ON THE TABLE AT THE MEETING HELD JUNE 29, 2009, AND IS AGAIN TAKEN UP AND IS AGAIN LAID ON THE TABLE AND REFERRED BACK TO THE CITY PROPERTY COMMITTEE, ON A UNANIMOUS VOICE VOTE:

 

RESOLUTION OF THE CITY COUNCIL CONVEYING CITY PROPERTY LOCATED AT 25 ANDREW FERLAND WAY, PAWTUCKET, RI TO B V S REALTY LLC (DENNIS M. LYNCH ARENA)

 

 

THE CHAIR RECOGNIZES COUNCILOR CHADWICK.

 

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

 

Communication from Sarah Ferrera, President, Next 2 New Inc., to Pawtucket City Council (withdrawal of license application request.)

 

Upon motion made Councilor Chadwick, seconded by Councilor Hodge, the following communication is READ AND ORDERED FILED.

 

028   Communication from Sarah Ferrera, President, Next 2 New Inc., to Pawtucket City Council (withdrawal of license application request.)

 

 

THE FOLLOWING APPLICATION FOR LICENSE IS WITHDRAWN AT THE REQUEST OF THE APPLICANT:

 

Petition for SECOND HAND SHOP LICENSE (Class C) of Next 2 New, Inc., d/b/a Next 2 New, 24 Commerce Street, Unit #H, Tax Assessor’s Plat 53, Lot 627, to keep a shop for the purpose of purchasing and selling second hand articles, specifically used clothing, furniture, etc, which was advertised for a hearing at this time, is taken up: LIC#2850

 

 

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 Riverfront Commission, FOR CONFIRMATION:

 

RIVERFRONT COMMISSION

 

589   Patricia McAlpine, 123 Cottage Street, Apt. 5, Pawtucket, RI 02860, term expires the first Monday in June 2012 is READ AND ORDERED FILED.

 

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, Wildenhain and Vitali.

 

NOES - 0.

 

Patricia McAlpine, 123 Cottage Street, Apt. 5, Pawtucket, RI 02860, term expires the first Monday in June 2012,

 

 

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

 

AYES – President Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault, Wildenhain and Vitali.

 

NOES - 0.

 

032   RESOLUTION ACCEPTING THE CARE OF BURIAL LOT OF THE ESTATE OF JAMES GUSTOS

 

 

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, Wildenhain and Vitali.

 

NOES - 0.

 

588   RESOLUTION DEDICATING THE PLAYGROUND ON SMITHFIELD AVENUE IN HONOR OF WILLIAM SAN BENTO, SR.

 

 

THE CHAIR RECOGNIZES COUNCILOR VITALI.

 

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

 

The clerk is instructed to send a communication to Mayor James E. Doyle requesting that representatives of the Mayor’s Office, the Tax Assessor’s Office, the Collector’s Office, Vision Appraisers and the City Council attend a summit meeting with the public to help people understand how to appeal their assessments.

 

 

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, Wildenhain and Vitali.

 

NOES - 0.

 

588   RESOLUTION DEDICATING THE INTERSECTION OF NEWPORT AVENUE AND ARMISTICE BOULEVARD IN THE CITY OF PAWTUCKET AS: KIP’S CORNER

 

 

COUNCILOR WILDENHAIN LEAVES THE CHAMBERS AT 8:11 P.M.

 

 

THE CHAIR RECOGNIZES COUNCILOR HODGE.

 

With majority consent of the Council, the following motion made by Councilor Hodge, seconded by Councilors Barry and Chadwick, is PASSED on a unanimous voice vote:

 

The clerk is instructed to send a communication to Margaret M. Lynch-Gadaleta, Esq., City Solicitor, requesting that she determine if there is any way that the city can extend the deadline for property owners to file for exemptions on their new property assessments beyond the current August 15, 2009 deadline.

 

 

THE CHAIR RECOGNIZES COUNCILOR HODGE.

 

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

 

The clerk is instructed to send a communication to Ronald L. Wunschel, Director of Finance, requesting that any stimulus or other funds for the school department greater than what is currently budgeted for be kept by the city to reimburse the city for the $5 million the city gave the school department to avoid the latest Caruolo action. Also, the council requests that this money be used to offset any revenue losses suffered by the city as a result of any successful tax appeals now ongoing.

 

 

THE CHAIR RECOGNIZES COUNCILOR BARRY.

 

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

 

The clerk is instructed to send a communication to Mayor James E. Doyle requesting that he convene a charter review commission to thoroughly review and consider putting before the voters the question of having an appointed school committee in Pawtucket.

 

 

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.

 

330   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 – Overlay Historic District and Mill Building Reuse District and Floodplain Regulations – Substitute A), AS AMENDED

 

 

THE FOLLOWING LICENSE WAS LAID ON THE TABLE AT THE MEETINGS HELD MAY 20, 2009, JUNE 10, 2009, JUNE 24, 2009, JULY 8, 2009, AND IS AGAIN TAKEN UP AND IS AGAIN LAID ON THE TABLE:

 

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 CHAIR RECOGNIZES COUNCILOR MORAN.

 

With majority consent of the Council, Councilor Moran introduces the following ordinance:

 

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)

 

 

Upon motion made by Councilor Moran, seconded by Councilor Chadwick, the following ordinance is LAID ON THE TABLE and REFERRED TO THE ORDINANCE COMMITTEE.

 

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)

 

 

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

 

ENTERTAINMENT –

 

Petition of Clube Social Portugues for a license to conduct an Annual Picnic and Festival (live music and traditional food) at 131 School Street (parking lot) closing Water Street Extension from Division Street to School Street, on Friday, August 14, 2009, from 4:00 p.m. to 10:00 p.m.; Saturday, August 15, 2009, from 12:00 p.m. to 11:00 p.m.; and Sunday, August 16, 2009, from 12:00 p.m. to 9:00 p.m. LIC#5213

 

Petition of Mixed Magic Theatre, for a license to conduct a live theatre, Veterans Memorial/Amphitheatre on August 13, 14, 15, 20, 21, 22, 2009,  from 8:00  p.m. until 10:00 p.m., LIC#5214

 

 

HOLIDAY – Transfer

 

Malik, Saeed d/b/a Sam’s Food Store, (transfer from Rehman, Muhammad Islam d/b/a Sam’s Food Stores) 151 Benefit St. LIC#5203

 

 

PINBALL & AMUSEMENT DEVICES - New

 

Cpt Elwood J Euart VFW Post 602, 55 Overland Ave. LIC#5199

 

 

PUBLIC LAUNDRY – Renewal

 

Kishfy, Joe d/b/a Lonsdale Superwash, 459 Lonsdale Ave. LIC#3072

Laundromax-Pawtucket, LLC d/b/a Laundromax, 485 Mineral Spring Ave. LIC#3069

Sanabria LLC d/b/a Swan Cleaners, 371 Benefit St.  LIC#4960

 

 

PRIVATE DETECTIVE - Renewal

 

Chauppetta, Mark d/b/a On the Mark Investigations, 2 Dexter St. LIC#4785

Fernandes,Nicky J., (Information With Integrity, Incorporated), 155 Pleasant St. LIC#4738

 

 

SIGN BOARD – Renewals

 

Fastcash Pawn & Checkcasher Incorporated d/b/a Fastcash Pawn & Checkcasher , 824 Newport Ave. (1) LIC#4845

Monte, Anthony d/b/a Monte’s Fruit Stand, 113 Power Rd. (1) LIC#3330

Rinaldi, Richard L., d/b/a Walt’s Roast Beef, 285 Newport Ave. (1) LIC#3302

Saggal, Joseph d/b/a Broadway Pizza, 511 Broadway, (1) LIC#4841

Scottie’s Auto Sales Inc., 262 Central Ave. (2) LIC#3318

 

 

VICTUALLING HOUSE First Class – Transfer

 

Malik, Saeed d/b/a Sam’s Food Store, (transfer from Rehman, Muhammad Islam d/b/a Sam’s Food Stores) 151 Benefit St. LIC#5204

 

 

THE FOLLOWING BONDS ARE APPROVED, SURETIES NAMED ARE ACCEPTED:

 

PRIVATE DETECTIVE -

 

Chauppetta, Mark – Surety, Western Surety Company

Fernandes, Nicky J – Surety, Western Surety Company

 

 

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

 

Kelvin Cole - $70.00

DeSanctis Insurance Agency by Kenney & Sams PC - $224,844.57 plus interest

Kenneth Louro - $745.35/$1,161.79

Antone Perry by Damon D’Ambrosio – No Amount Specified

 

 

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, Moran, Tetreault and Vitali.

 

NOES - 0.

 

Rosemarie & James Trembly by Liberty Mutual Agency Markets - $5,326.76

 

 

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, Moran, Tetreault and Vitali.

 

NOES - 0.

 

Milton Monzon - $300.00

 

 

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

 

Joseph DiOrio - $100.00

Francisco Sales - $18.50

Lawrence Fregeu - $37.95

Barbara Perry - $1,016.50-$1,163.46

 

 

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:

 

Chrysler LLC by Gallagher Bassett Services Inc. - $2,366.35

 

 

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

 

Lisa Penta by Travelers Insurance - $3,994.26

 

 

 

Upon motion made by Councilor Hodge, seconded by Councilor Barry, the meeting is adjourned at 8:34.

July 8, 2009 - Regular City Council Session
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