City Council, July 22, 2009
A regular session of the Pawtucket City Council is held Wednesday, July 22, 2009, at 12:06 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – President Kinch, Councilors Barry, Chadwick, Hodge, Moran, Tetreault, Wildenhain and Vitali.
Absent – Councilor Barros.
President Kinch presides.
THE COUNCIL RECESSES IMMEDIATELY TO CONDUCT THE PUBLIC INPUT PERIOD.
COUNCILOR BARROS ARRIVES IN THE CITY COUNCIL CHAMBERS AT 12:20 P.M.
THE COUNCIL RECONVENES AT 12:30 P.M.
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 MEETINGS HELD JUNE 29, 2009 AND JULY 8, 2009, AND IS AGAIN TAKEN UP AND IS READ AND PASSED AS A SUBSTITUTE A, ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Kinch, Councilors Barry, Chadwick, Hodge, Moran, Tetreault and Wildenhain.
NOES – Councilor Barros and Vitali.
The reading of the records of July 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.
*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:
| | A. Communication from Jeannine S. Bourski, Deputy Finance Director, to Henry S. Kinch, Jr., President, Pawtucket City Council (Uniform Overtime FY09) |
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| ** | B. Communication from Dr. Hans W. Dellith, Superintendent of Schools, to the Pawtucket City Council (Pawtucket School Committee/Budget 2009-2010) |
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| ** | C. Communication from Mayor James E. Doyle to Dr. Hans W. Dellith, Superintendent of Schools (Payment of School Department Expenditures) |
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| | D. Communication from Ronald L. Wunschel, Director of Finance, to the Pawtucket City Council ($8.2 Million General Obligation Bonds Sale) |
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| | E. 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 June 30, 2009) |
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| | F. Communication from David L. Quinn, II, Tax Assessor, to Councilor Thomas E. Hodge (Tax Assessment Appeals) |
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| | G. 2008 Annual Report for the Pawtucket Police Department (Copy on file in the City Clerks Office) |
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| | H. Communication from Rhode Island Clean Water Finance Agency to the City of Pawtucket (Various Forms and Statements) |
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| | J. Communication from Matt Dobrenz, B V S Realty LLC, to Michelle R. Hardy, CMC, Deputy City Clerk (Dennis M. Lynch Arena) |
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| | K. Communication from Daniel Stone, Attorney at Law, to the Pawtucket City Council (Dennis M. Lynch Arena) |
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| | L. Communication from Brother Robert R. Croteau SC, Provincial, Brothers of the Sacred Heart, to the Pawtucket City Council (Dennis M. Lynch Arena) |
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| | M. Communication from Albert J. Vitali, Jr., Councilor-At-Large, to the Honorable Members of the Pawtucket City Council (Re-Open Negotiations for the Sale of the Dennis M. Lynch Arena) |
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| ** | N. Communication from Mayor James E. Doyle to the Honorable Members of the Pawtucket City Council (Response – Appointed School Committee) |
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| | P. Communication from Ronald L. Wunschel, Director of Finance, to Councilor Thomas E. Hodge (Response – Exemption Ordinances) |
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| | S. Communication from Michael F. Horan, Attorney at Law, to Henry S. Kinch, Jr., President, Pawtucket City Council (Moratorium on Auto Repair Licenses – 36 Newport Ave) is READ AND ORDERED FILED and REFERRED TO THE LICENSE COMMITTEE |
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| ** | T. Communication from Cheryl L. DiGiuseppe, Tax Collector, to the Pawtucket City Council (10 Month Hardship Tax Plan) is READ AND ORDERED FILED and REFERRED TO THE FINANCE COMMITTEE |
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| | U. An Ordinance in Amendment of Chapter 363 of the Code of Ordinances of the City of Pawtucket Entitled, “Taxation” (Exemptions 2009) is LAID ON THE TABLE and REFERRED TO THE FINANCE COMMITTEE |
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| | V. Communication from Kathy J. Webber, SBA Communication, to the Pawtucket City Council (Proposal to Lease Space for Antenna Usage on Westwood Road in Lincoln, RI – PWSB Property) is READ AND ORDERED FILED and REFERRED TO THE CITY PROPERTY COMMITTEE |
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| | W. Communication from Kathy J. Webber, SBA Communication, to the Pawtucket City Council (Proposal to Lease Space for Antenna Usage on Grotto Avenue) is READ AND ORDERED FILED and REFERRED TO THE CITY PROPERTY COMMITTEE |
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| ** | X. Communication from John E. Carney, Director of Public Works, to Richard J. Goldstein, City Clerk (No Bin – No Barrel Program) is READ AND ORDERED FILED and REFERRED TO THE ORDINANCE COMMITTEE |
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| | Y. 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) is LAID ON THE TABLE WITH THE RECOMMENDATION OF APPROVAL OF THE ORDINANCE COMMITTEE |
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| | Z. An Ordinances 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) is LAID ON THE TABLE WITH THE RECOMMENDATION OF APPROVAL OF THE ORDINANCE COMMITTEE |
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| | AA. 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 – is LAID ON THE TABLE and A PUBLIC HEARING IS SET FOR AUGUST 5, 2009, AT 7:00 P.M. WITH THE RECOMMENDATION OF THE ORDINANCE COMMITTEE. |
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| | BB. 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) – is LAID ON THE TABLE and A PUBLIC HEARING IS SET FOR AUGUST 5, 2009, AT 7:00 P.M. WITH THE RECOMMENDATION OF THE ORDINANCE COMMITTEE. |
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| | CC. Communication from Ronald L. Wunschel, Director of Finance, to the Pawtucket City Council (7/1/98 General Obligation Bonds / Refinancing) |
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| | DD. Resolution Authorizing the Issuance of General Obligation Refunding Bonds is READ AND ORDERED FILED and REFERRED TO FINANCE COMMITTEE |
** TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY, NO OTHER ACTION TAKEN.
THE CHAIR RECOGNIZES COUNCILOR BARROS.
Upon motion made by Councilor Barros, seconded by Councilor Wildenhain, the following communication is READ AND ORDERED FILED:
THE CHAIR RECOGNIZES COUNCILOR BARROS.
With majority consent of the Council, the following motion made by Councilor Barros, seconded by Councilor Wildenhain, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Angel S. Garcia, Director of Personnel, requesting an explanation as to why the city is currently recruiting police officers and as to why the city is currently hiring temporary employees. The Council wishes to discuss the matter with him at a Pre-Council session scheduled for August 5, 2009.
COUNCILOR BARRY LEAVES THE CITY COUNCIL CHAMBERS AT 12:50 P.M.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
Upon motion made by Councilor Hodge, seconded by Councilor Vitali, the following communication is READ AND ORDERED FILED:
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 Margaret M. Lynch-Gadaleta, Esq., City Solicitor, requesting that she prepare, if feasible, a resolution freezing the transfer of the $5 million, or at least $3 million currently assessed on the taxpayers, for the FY’09 school deficit to the school department. The Council is asking that this money be transferred to the school department only when contract negotiations are re-opened and when further action has been taken to reduce spending.
THE CHAIR RECOGNIZES COUNCILOR VITALI.
Upon motion made by Councilor Vitali, seconded by Councilor Chadwick, 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 Chadwick, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Mayor James E. Doyle informing him that the Council will be holding a “Council Night Out” prior to the beginning of the school year to answer questions that the public may have regarding their taxes. The Council would like the Mayor to make his department heads available for this meeting.
COUNCILOR WILDENHAIN LEAVES THE CITY COUNCIL CHAMBERS AT 1:20 P.M.
THE CHAIR RECOGNIZES COUNCILOR VITALI.
Upon motion made by Councilor Vitali, seconded by Councilor Chadwick, 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 Chadwick, 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, at Exit 27, to the Division Street Bridge, which is being used as a detour for the bridge 550 project. The Council wishes to discuss the road repairs and upgrades needed with him at a Pre-Council session scheduled for August 19, 2009.
PRESIDENT KINCH APPOINTS THE FOLLOWING COUNCILORS TO SERVE ON THIS REDEVELOPMENT INITIATIVE:
Council President Henry S. Kinch, Jr.
Councilor James F. Chadwick, Jr.
Councilor Lorenzo C. Tetreault
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Kinch, Councilors Barros, Chadwick, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
The following resolution is read 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 CITY PROPERTY 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 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.
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, Chadwick, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
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 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 CHADWICK.
Upon motion made by Councilor Chadwick, seconded by Councilor Moran, the following license is REMOVED FROM THE CONSENT AGENDA, 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 CHAIR RECOGNIZES COUNCILOR CHADWICK.
Upon motion made by Councilor Chadwick, seconded by Councilor Moran, the following license is LAID ON THE TABLE, on a unanimous voice:
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 PETITIONS FOR LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
ENTERTAINMENT –
Petition of Assumption of the Virgin Mary Greek Orthodox Church, for a license to conduct an Annual Festival (live music) at 97 Walcott Street, (use of parking lot across from City Hall & Police Department to park) on Friday August 14, 2009 from 5:00 p.m. to 11:00 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#5228
Petition of Metro Wireless LLC for a license to conduct a Car Show in Parking Lot on corner of Broadway and Exchange Street, on Saturday, August 1, 2009 from 12:00 p.m. to 5:00 p.m. LIC#5238
Petition of Pawtucket Arts Festival Committee for a license to conduct an Arts Festival in Various Locations (See Attached) on Friday, August 28, through Sunday, September 13, 2009 LIC# 5249
PEDDLER – One Day - New
Acevedo, Carmen M, 125 Freight St., Pawtucket, RI LIC#5268
DRIVER: Acevedo, Carmen, 125 Freight St
TO PEDDLE: Bubble guns
LOCATION: All of Pawtucket
PRIVATE DETECTIVE - Renewal
Anter, Thomas J., 54 Dora St. LIC#4682
Roy, Lincoln D., d/b/a LR & Associates, 700 Beverage Hill Ave. LIC#4672
SIGN PERMIT - Renewal
Apex Tire & Service Center, LLC., d/b/a Apex Tire & Service Center, 33 Main St. (2) LIC#3320
Bozek, Michael d/b/a Michael’s Boulevard Meats, 627 Armistice Blvd. (1) LIC#3306
Costello, Rickey L., d/b/a Broadway Loan & Jewelry, 720 Broadway, (1) LIC#4840
Lembo, Michael d/b/a Lembo Bros, 319 Power Rd. (1) LIC#3328
Salisbury, Jeanne d/b/a Minuteman Press of Pawtucket, 580 Central Ave. (1) LIC#3333
WASTE HAULER – New
Waste Hauler LLC, P.O. Box 19755, Johnston, RI, LIC#5209
WASTE HAULER – Renewals
Allied Waste North America Inc., d/b/a Allied Waste Systems of Fall River, 1080 Airport Road, Fall River, MA, LIC#3359
Coastal Recyling Inc., d/b/a Coastal Recyling , 32 Thurbers Avenue, Providence, RI, LIC#3342
M & M Disposal, Inc., d/b/a M & M Disposal, 46 Shun Pike, Johnston, RI, LIC#3344
Patriot Disposal Co Inc., d/b/a Patriot Disposal, 2208 Plainfield Pike, Johnston, RI, LIC#3338
Rambone Disposal Service, Inc., d/b/a Rambone Disposal Service, 2153 Plainfield Pike, Johnston, RI, LIC#3357
Rhode Island Disposal Inc., d/b/a Rhode Island Disposal, 1507 Victory Highway, North Smithfield, RI, LIC#3369
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Herb Jeschke - $275.38
Carol Van Dale - $122.60
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, Councilor Moran introduces the following communications:
Communication from David L. Quinn, II, Tax Assessor, to Michael D. Cassidy, Director of Planning and Redevelopment, regarding Dennis M. Lynch Arena tax assessments.
Communication from Gloria Haddad, President, Pawtucket/Providence Figure Skating Club, to the Pawtucket City Council, regarding the Dennis M. Lynch Arena, (delay of sale).
Upon motion made by Councilor Moran, seconded by Councilor Tetreault, the following communications are 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 Tetreault, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to George L. Kelley, III, Chief of Police, requesting a police presence on Thurber Street during the day for one week to stop RIPTA busses from using the street as a cut-through, rather than traveling Benefit Street and Central Avenue.
Upon motion made by Councilor Hodge, seconded by Councilor Moran, the meeting is adjourned at 1:35 p.m.