City Council, May 6, 2009
A regular session of the Pawtucket City Council is held Wednesday, May 6, 2009, at 7:10 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – President Kinch, Councilors Barros, Barry, Hodge, Moran, Tetreault and Vitali.
Absent – Councilors Chadwick and Wildenhain.
President Kinch presides.
THE COUNCIL RECESSES IMMEDIATELY TO CONDUCT THE PUBLIC INPUT PERIOD AND TO MEET AS THE BOARD OF LICENSE COMMISSIONERS.
THE COUNCIL RECONVENES AT 8:42 P.M.
The reading of the records of April 22, 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.
| | A. Communication from Jeannine S. Bourski, Deputy Finance Director, to Henry S. Kinch, Jr., President, Pawtucket City Council (Uniform Overtime FY09) |
| | |
| | B. Communication from Thomas A. Mann, Jr. Executive Director, Pawtucket Foundation to Henry S. Kinch, Jr., President, Pawtucket City Council (Economic Development) |
| | |
| | C. Communication from the City of Warwick, to Rhode Island City and Towns (Resolution to the General Assembly in Support of Legislation to Authorize City and Town Councils to Ratify School Teacher Contracts) |
| | |
| | D. Communication from George L. Kelley, III, Chief of Police, to the Honorable Members of the Pawtucket City Council (Byrne/JAG Grant) |
| | |
| | E. Communication from Harry L. Staley, Chairman, Rhode Island Statewide Coalition, to Mayor James E. Doyle (Elimination of the Straight Party Ballot in Rhode Island Elections) |
| | |
| | G. Communication from Mayor James E. Doyle to the Honorable Council Members (Requesting a $5,000 Commitment to Support the Return of Fish to the Blackstone River) is READ AND ORDERED FILED and REFERRED TO THE FINANCE COMMITTEE |
| | |
| | H. An Ordinance in Amendment of Chapter 108 of the Code of Ordinances of the City of Pawtucket, 1996, Entitled “Alcoholic Beverages.” (Changes and Responsibility for Operation) is LAID ON TABLE WITH THE RECOMMENDATION OF APPROVAL BY THE ORDINANCE COMMITTEE |
| | |
| | I. 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 – is LAID ON THE TABLE AND A PUBLIC HEARING IS SET FOR JUNE 10, 2009, AT 7:00 P.M. WITH THE RECOMMENDATION OF THE ORDINANCE COMMITTEE. |
| | |
| | K. Capital Budget Ordinance FY2010 is LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE AND A PUBLIC HEARING IS SET FOR MAY 20, 2009 AT 7:00 P.M. |
| | |
| | L. Communication from George Bazerji, Georges Advanced Auto Care, LLC to the Pawtucket City Council (Requesting To Be Licensed for Auto Repair Services) is READ AND ORDERED FILED and REFERRED TO THE LICENSE COMMITTEE |
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 Ronald L. Wunschel, Director of Finance, requesting that he look into including the 26% of the school bonds paid by the city as part of the city’s maintenance of effort for the school department.
Also, the Councilor wants to know how tax revenues are coming in and if we will have sufficient funds to pay off the TANS when they become due.
J. Annual Operating Budget Ordinance FY2010 TO BE LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE AND TO SET A PUBLIC HEARING FOR MAY 20, 2009 AT 7:00 P.M. is taken up:
THE CHAIR RECOGNIZES COUNCILOR HODGE.
Upon motion made by Councilor Hodge, seconded by Councilor Tetreault, the above entitled ordinance is TAKEN UNDER ADVISEMENT.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, Councilor Hodge introduces the following revised ordinance:
Annual Operating Budget Ordinance FY2010
Upon motion made by Councilor Hodge, seconded by councilor Tetreault, the following ordinance is LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE AND A PUBLIC HEARING IS SET FOR MAY 20, 2009 AT 7:00 P.M.:
Annual Operating Budget Ordinance FY2010
Petition for SECOND HAND SHOP LICENSE (Class C) of Twice How Nice Consignment LLC d/b/a Twice How Nice Consignment, 726 Central Avenue, Tax Assessor’s Plat 10, Lot 552, to keep a shop for the purpose of purchasing and selling second hand articles, specifically used miscellaneous merchandise, which was advertised for a hearing at this time, is taken up:
Speaking in favor is Ana Freitas, 30 Williard Street, Pawtucket, RI and Zelika Khaytin, 110 Hunts Avenue, Pawtucket RI, applicants.
Ms. Freitas and Ms. Khaytin state they will be selling women’s clothes, shoes, and accessories.
They have approvals by the state.
There are no other speakers
The hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
Upon motion made by Councilor Hodge, seconded by Councilor Barry, the following license is APPROVED, on a unanimous voice vote:
Petition for SECOND HAND SHOP LICENSE (Class C) of Twice How Nice Consignment LLC d/b/a Twice How Nice Consignment, 726 Central Avenue, Tax Assessor’s Plat 10, Lot 552, to keep a shop for the purpose of purchasing and selling second hand articles, specifically used miscellaneous merchandise. LIC#2804
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING AGREEMENTS BETWEEN THE CITY OF PAWTUCKET AND PAWTUCKET FIREFIGHTERS ARE APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Kinch, Councilors Barros, Barry, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE, THE FOLLOWING IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Kinch, Councilors Barros, Barry, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
LIFTING OF MORATORIUM ON NEW CLASS BV (RESTRICTED) LIQUOR LICENSES
COUNCILOR VITALI LEAVES THE CHAMBERS AT 8:58 P.M.
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, A MOTION TO DENY THE FOLLOWING REQUEST IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Kinch, Councilors Barros, Barry, Hodge, Moran and Tetreault.
NOES - 0.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Kinch, Councilors Barros, Barry, Hodge, Moran and Tetreault.
NOES - 0.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Kinch, Councilors Barros, Barry, Hodge, Moran and Tetreault.
NOES - 0.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Kinch, Councilors Barros, Barry, Hodge, Moran and Tetreault.
NOES - 0.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Kinch, Councilors Barros, Barry, Hodge, Moran and Tetreault.
NOES - 0.
COUNCILOR VITALI RETURNS TO THE CHAMBERS AT 9:01 P.M.
THE FOLLOWING RESOLUTION WAS LAID ON THE TABLE AT THE MEETING HELD APRIL 22, 2009, AND IS AGAIN TAKEN UP:
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, Councilor Moran introduces the following AMENDMENT:
RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR FUNDS UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
In the first “WHEREAS,” change $2,100,000 to $2,073,024.
Upon motion made by Councilor Moran, seconded by Councilor Barry, the following amendment is APPROVED on a roll call vote, as follows:
AYES – President Kinch, Councilors Barros, Barry, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
In the first “WHEREAS,” change $2,100,000 to $2,073,024.
RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR FUNDS UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Upon motion made by Councilor Moran, seconded by Councilor Barry, the following resolution as amended is APPROVED on a roll call vote, as follows:
AYES – President Kinch, Councilors Barros, Barry, Hodge, Moran, Tetreault and Vitali.
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, Hodge, Moran, Tetreault and Vitali.
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, Hodge, Moran, Tetreault and Vitali.
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, Hodge, Moran, 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, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
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, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET FOR UNIFORM MEMBERS OF THE FIRE DEPARTMENT, JULY 1, 2009-JUNE 30, 2012, AND REPEALING CHAPTER 2907 IN ITS ENTIRETY.
THE FOLLOWING LICENSE, WHICH WAS LAID ON THE TABLE AT THE MEETINGS HELD FEBRUARY 11, 2009 AND FEBRUARY 25, 2009, IS AGAIN TAKEN UP 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 FOLLOWING PETITIONS FOR LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
AUTOMOBILE REPAIR SHOP AND SECOND HAND SHOP LICENSES (CLASS A & B) (Selling used automobiles and parts) (Renewals)
*J.P. Collision, Auto, Cycle & Sales, Inc., d/b/a J.P. Collision, 616 Weeden St. LIC#2656 #2657
1. There shall be no parking on any of the sidewalks in the area, specifically on Weeden Street and Samuel Avenue.
John's Motor Co., Inc., d/b/a John’s Motor, 707 Broadway LIC#2467 #2468
*Regal Auto Body & Radiator Works Inc., d/b/a Regal Car Care and Collision Center, 65 East St. LIC#2475 #2476
1. No auto body work on premises.
2. Robin Drive gate entrance shall not be used after 9:00 p.m. (per zoning decision)
3. Lights shall be directed away from surrounding residences.
4. No auto parts shall be left outside in yard.
Scottie’s Auto Sales Inc. d/b/a/ Scottie’s Auto Sales, 262 Central Ave. LIC. #2469 #2740
AUTO REPAIR SHOP & SECOND HAND SHOP (CLASS B) (Parts Only) (Renewals)
*DoCouto, Lourenco d/b/a Larry's Auto Repair, 519 Pawtucket Ave. LIC#2330 #2331
1. No painting or auto body work.
2. No parking on Glenwood Avenue.
3. All work shall be done in building.
4. No storage of junk cars or parts outside.
* Lopes, Pedro C d/b/a Pedro’s Auto Repair, 145 Benefit St. LIC#2449 #2450
1. No painting allowed.
2. No body work allowed.
3. Dumpster to be enclosed.
*Pinto’s Auto and Truck Repair, LLC d/b/a Pinto’s Truck Repair, 62 Woodlawn Ave. LIC#2402 #2403
1. No auto body work is allowed on premises.
2. No outside storage of vehicles or debris.
3. No selling of vehicles.
4. All work on vehicles shall be done inside the garage.
*Sterry Street Auto Sales Inc., d/b/a Sterry Street Auto Repair, 77 Sterry St. LIC#2451 #2452
1. Hours of operation shall be Monday thru Friday 8:00 a.m. to 8:00 p.m., Saturday 8:00 a.m. to 6:00 p.m.
2. No vehicles shall be parked on the street.
3. Building is to be painted and repaired in a reasonable time.
4. The only sign is to be painted on the building.
SECOND HAND SHOP ONLY (Class A – Used Automobiles Only) - Renewal
Nicali Auto Outlet, Inc. 434 Prospect St. LIC. #2597
AUTO REPAIR SHOP ONLY (Renewals)
Audette, Richard L d/b/a A & S Wheel and Brake, 514 Broadway LIC#2019
Calero, Jeovany & Fuerte, Abel A d/b/a J & J Auto Repair, 511 Broadway LIC#2201
Manny's Service Center, Inc., d/b/a Manny’s Service Center, 645 Armistice Blvd. LIC#2297
*MC LLC d/b/a Jiffy Lube #824, 121 Newport Ave. LIC#2251
1. The north side of the building must be kept clean at all times.
2. All radios should be turned off while cars are waiting to be serviced.
3. Workers shall take their lunch breaks on the south side of the building, so not to disturb neighbors.
4. All the above directives will be posted for employees and customers in prominently displayed areas.
SECOND HAND SHOP (Class C – Used Miscellaneous Merchandise) Renewal
*Costello, Rickey L d/b/a Broadway Loan & Jewelry, 720 Broadway, LIC#2631
1. Signage must be approved by the Director of Zoning and Code Enforcement.
2. Parking must be approved by the Director of Zoning and Code Enforcement.
3. The hours of operation shall be as follows: Open no earlier than 9:00 am and close no later than 6:00 pm
ENTERTAINMENT –
Petition of The Call Sports Pub LLC d/b/a The Call Sports Pub for a license to conduct a car show in parking lot, 47 Mendon Avenue, on Mondays, May through September, 2009, from 6:30 p.m. to 9:30 p.m. LIC#5115
Petition of American Cancer Society for a license to conduct a Fundraiser in Max Read Field, starting on Friday, May 29, 2009, at 6 p.m. and ending Saturday, May 30, 2009, at 12:00 noon. LIC#5119
HOLIDAY LICENSE – Renewal
Gomes, Antonio & Xavier, Manny d/b/a Lima Doce Grocery Store, 550 Weeden St. LIC#3250
INTELLIGENCE OFFICE – Renewal
American Partners Inc., d/b/a American Partners, 1005 Main St. LIC#4876
PEDDLER LICENSE - Renewal
Palagi’s 2000, Inc. d/b/a Palagi’s Ice Cream, 55 Bacon St., LIC#4918
DRIVER: Jaramillo, Juan C, 46 Wilson Street, Pawtucket, RI
DRIVER: Olarte, Gustavo, 162 York Avenue, Pawtucket, RI
DRIVER: Gonzalez, William, 1008 Mineral Spring Avenue, North Providence, RI
DRIVER: Ruiz, Luis E, 5 Summer Street, Pawtucket, RI
PEDDLE: Ice Cream
LOCATION: All of Pawtucket
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Leo Antaya - $476.00
John Carr - $585.00
Jon Montoya - $450.00
Jayden Pires and parent, Monica Fernandes
by DeSimone & Leach, Attorneys at Law - $100,000.00
Stephen Wilkinson - $656.49
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, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
Kimberly Lees - $59.46
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, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
Maria and Jaime Cuervo by MetLife Insurance - $3,529.47
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, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
William Hoilett - $300.00
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, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
Kenneth James - $163.50
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, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
Paul Jordan - $300.00
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, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
Earnestine Crader - $1,981.23
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, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
Nicholas Mailloux - $282.45
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:
Kerri and Joseph Phillips - $500.00
Robert Sorel by Brosco & Brosco, PC - $100,000.00
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
Floripe Rodrigues - $2,243.00
Verizon – No Amount Specified
Nick Africo - $7,214.00
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:
Donna Ellen McGowan - $100,000.00
THE CHAIR RECOGNIZES COUNCILOR BARRY.
With majority consent of the Council, Councilor Barry introduces the following communication.
Communication from Henry S. Kinch, Jr., President, Pawtucket City Council, to David L. Quinn, II, Tax Assessor, requesting confirmation that the conversion of data to interface with THE was accomplished by Vision Appraisal in a timely manner.
Upon motion made by Councilor Barry, seconded by Councilor Hodge, the following communication is READ AND ORDERED FILED.
Communication from Henry S. Kinch, Jr., President, Pawtucket City Council, to David L. Quinn, II, Tax Assessor, requesting confirmation that the conversion of data to interface with HTE was accomplished by Vision Appraisal in a timely manner.
Upon motion made by Councilor Hodge, seconded by Councilor Barry, the meeting is adjourned at 9:20 p.m. in memory of Helen Gannon.