October 7, 2009 - Regular City Council Session

City Council, October 7, 2009

A regular session of the Pawtucket City Council is held Wednesday, October 7, 2009, at 7:15 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 IMMEDIATELY STEPS DOWN FROM THE CHAIR AND PRESIDENT PRO-TEMPORE HODGE PRESIDES.

THE COUNCIL RECESSES AT 7:16 P.M. TO CONVENE A PUBLIC HEARING ON THE FOLLOWING:

AN ORDINANCE IN AMENDMENT OF CHAPTER 116 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ANIMALS” (Kennel Licenses)

THE COUNCIL RECONVENES AT 7:17 P.M.

The reading of the records of September 23, 2009 is dispensed with and the records are APPROVED as prepared by the Clerk.

Upon motion made by Councilor Moran, seconded by Councilor Barry, the *Consent Agenda is APPROVED, on a unanimous voice vote.

*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:

028	A. Communication from Dianna Liss, Temporary Clerk of the Pawtucket School Committee, to Richard J. Goldstein, City Clerk (Letter to Deborah Gist, Commissioner of Education – RE: School Deflict)

061	C. 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, 2009 through August 31, 2009)

624	D. Communication from Joseph Roque, Purchasing Agent, to the Pawtucket City Council (Emergency Purchase Authorizations - July thru September, 2009)

028	E. Resolutions from the City of Newport; Newport School Committee; South Kingstown School Committee; the Town of Middletown; Middletown School Committee; the Portsmouth School Committee and the Town of Hopkinton (Resolution Opposing Mandatory Binding Arbitration for Teachers)

028	F. Resolutions from the City of Providence; the Town of Burrillville; the Town of East Greenwich; and the Town of Exeter (Proclaiming the Month of September as “Ovarian Cancer Awareness Month”)

028	G. Communication from Coastal Resources Management Council to City and Town Clerks (RI Coastal Resources Management Program – “Redbook”)

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

028	I. Communication from Susan H. Price, to the Pawtucket City Council (Kennel Ordinance)

	J. Communication from John E. Carney, Director of Public Works, to Richard J. Goldstein, City Clerk (Change the Name of a Portion of Grace Street) is READ AND ORDERED FILED and REFERRED TO THE ENGINEERING DEPARTMENT AND PUBLIC WORKS COMMITTEE

	K. Draft – An Ordinance in Amendment of Chapter 108 of the Code of Ordinances of the City of Pawtucket Entitled, “Alcoholic Beverages” (Class N Nightclub Licenses) is READ AND ORDERED FILED and REFERRED TO THE LICENSE COMMITTEE

3 B. Communication from Tom Conlon, Business Administrator, Pawtucket School Department, to Richard J. Goldstein, City Clerk (Fiscal Impact Statement) 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 the entire City Council, is PASSED on a unanimous voice vote:

The clerk is instructed to send a communication to Thomas Conlon, Business Agent, Pawtucket School Department, requesting an updated fiscal impact statement on the new teacher contract. The council understands that the estimated number of retiring teachers used in the fiscal impact statement is different from the actual number of retiring teachers, which will result in lesser savings than the statement anticipates. The council would like to know the actual fiscal impact of the contract based on the actual number of retirees.

UPON UNANIMOUS CONSENT OF THE COUNCIL, THE COUNCIL TAKES UP THE FOLLOWING:

AN ORDINANCE IN AMENDMENT OF CHAPTER 88, ARTICLE VI, OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “SALARIES AND COMPENSATION” (FURLOUGH DAYS)

UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING AMENDMENT TO THE ORDINANCE ENTITLED “AN ORDINANCE IN AMENDMENT OF CHAPTER 88, ARTICLE VI, OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “SALARIES AND COMPENSATION” (FURLOUGH DAYS)” IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:

AMENDMENT:

Delete the following:

“by ~~up to 4.62%~~” in Section A

“up ~~to 4.62%~~” in Sections B and C.

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

NOES - 0.

The following ordinance is read for the first time, as AMENDED, and is APPROVED on a roll call vote, as follows:

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

NOES - 0.

AN ORDINANCE IN AMENDMENT OF CHAPTER 88, ARTICLE VI, OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “SALARIES AND COMPENSATION” (FURLOUGH DAYS), AS AMENDED

THE COUNCIL RECESSES AT 7:32 P.M. TO RECONVENE A PUBLIC HEARING ON THE FOLLOWING:

AN ORDINANCE IN AMENDMENT OF CHAPTER 116 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ANIMALS” (Kennel Licenses)

THE COUNCIL RECONVENES AT 7:47 P.M.

UPON UNANIMOUS CONSENT OF THE COUNCIL, THE COUNCIL TAKES UP THE FOLLOWING:

AN ORDINANCE IN AMENDMENT OF CHAPTER 116 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ANIMALS” (Kennel Licenses)

THE CHAIR RECOGNIZES COUNCILOR VITALI.

Upon motion made by Councilor Vitali, seconded by Councilor Barros, the following ordinance is LAID ON THE TABLE AND REFERRED BACK TO THE ANIMAL CONTROL COMMITTEE, on a unanimous voice vote:

AN ORDINANCE IN AMENDMENT OF CHAPTER 116 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ANIMALS” (Kennel Licenses)

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 Parks Commission, FOR CONFIRMATION:

PARKS COMMISSION

589 Charles Allen, 23 Atwood Avenue, Pawtucket, RI 02860, term expires the first Monday in August, 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 Pro-Tempore Hodge, Councilors Barros, Barry, Chadwick, Kinch, Moran, Tetreault, Vitali and Wildenhain.

NOES - 0.

Charles Allen, 23 Atwood Avenue, Pawtucket, RI 02860, term expires the first Monday in August, 2012

THE MATTER OF AN INFORMAL HEARING REGARDING THE FOLLOWING LICENSE IS TAKEN UP:

AUTOMOBILE REPAIR SHOP AND SECOND HAND SHOP LICENSES (CLASS A & B) (Selling used automobiles and parts)

Palangio, Thomas and D'Amico, Nicholas d/b/a Consumers Auto Sales and Service, 610 Weeden St. LIC#2131 #2132

Present on behalf of the license holders is Nicholas D’Amico, 85 Standish Avenue, North Providence, RI.

Councilor Chadwick states that there have been numerous complaints and he has tried to speak with the service manager, but without getting a response. He states that this shows a lack of consideration for the residents. Some of the complaints are regarding blocking the street, operating after hours, racing motorcycles on the street, the appearance of the property, littering, and loud music.

Mr. D’Amico states that he is embarrassed that he has not met Councilor Chadwick yet and wants to make friends, not enemies. He states that he will address the problems and will make sure the business is closed at 6:00 p.m.

Councilor Chadwick states that he has seen this business open after 7:00 p.m. and wants the people to leave the parking lot at closing.

There are no other speakers.

The Informal Hearing is closed.

609 Communication from Robert Cesario, Engineering Support, National Grid Electric Company, to Pawtucket City Council, petition requesting the new JO pole location at Grand Avenue is READ AND ORDERED FILED and APPROVED PENDING THE APPROVAL OF THE DIRECTOR OF ZONING AND CODE ENFORCEMENT

UPON RECOMMENDATION OF THE CITY PROPERTY COMMITTEE, THE MOTION TO DENY THE FOLLOWING REQUEST IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:

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

NOES - 0.

028 Communication from John Markus Pinard, Real Estate Development, T-Mobile USA, to Richard J. Goldstein, City Clerk. (Proposal for Wireless Telecommunications Lease at Shea High School)

UPON RECOMMENDATION OF THE CITY PROPERTY COMMITTEE, THE MOTION TO DENY THE FOLLOWING REQUEST IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:

AYES – Pro-Tempore Hodge, Councilors Barros, Barry, Chadwick, Kinch, Moran, Tetreault, Vitali and Wildenhain.

NOES - 0.

028 Communication from John Markus Pinard, Real Estate Development, T-Mobile USA, to Richard J. Goldstein, City Clerk. (Proposal for Wireless Telecommunications Lease at Slater Park)

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

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

NOES - 0.

032 RESOLUTION ACCEPTING THE CARE OF BURIAL LOT OF BABY ROJAS

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

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

NOES - 0.

032 RESOLUTION OPPOSING ANY AND ALL BINDING ARBITRATION LEGISLATION CURRENTLY BEING CONSIDERED FOR TEACHER CONTRACTS.

UPON RECOMMENDATION OF THE LICENSE COMMITTEE, THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:

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

NOES - 0.

AN ORDINANCE IN AMENDMENT OF CHAPTER 379 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “VEHICLE REPAIR SHOPS” (Maximum Number of Licenses/Limitations on Number of License)

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

VICTUALLING HOUSE First Class – New

Brierly, Robert A. d/b/a Brierly’s, 533 Weeden Street, LIC#5358

SIGN PERMIT – NEW

***Hope Artiste Village LLC, 999-1005 Main Street, (6) LIC#5366

***619 Councilor Hodge abstains based on his statement that he has a business relationship with them.

THE FOLLOWING BOND IS APPROVED; SURETY NAMED IS ACCEPTED ON A UNANIMOUS VOICE VOTE:

PAWNBROKER -

Fastcash Pawn & Checkcashers, Inc – Surety, Western Surety Company

THE CHAIR RECOGNIZES COUNCILOR MORAN.

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

Petition of Fidjos Di Djabraba for a license to conduct a cookout with a live band at the parking lot of 682 Roosevelt Avenue on Saturday, October 17, 2009, from 5:00 p.m. to 10:00 p.m.

Upon motion made by Councilor Moran, seconded by Councilor Barry, the following license is APPROVED on a unanimous voice vote:

Petition of Fidjos Di Djabraba for a license to conduct a cookout with a live band at the parking lot of 682 Roosevelt Avenue on Saturday, October 17, 2009, from 5:00 p.m. to 10:00 p.m.

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

Eduardro Alejandro Garcia by Edward Manning, Esq. – No Amount Specified

Margaret Madden - $1,977.83-$2,313.74

David Rodriguez by Christopher Fay, Esq. – No Amount Specified

COUNCILOR WILDENHAIN LEAVES THE CHAMBERS AT 8:07 P.M.

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM OR DAMAGES AGAINST THE CITY IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS: