City Council, September 9, 2009
A regular session of the Pawtucket City Council is held Wednesday, September 9, 2009, at 8:35 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 reading of the records of August 19, 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 Robert E. Lee, Pension Board, to Ronald L. Wunschel, Director of Finance and Mayor James E. Doyle (Resignation from Pension Board)
B. Communication from John J. Lund, Purchasing Board, to Mayor James E. Doyle (Resignation from Purchasing Board)
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 July 31, 2009)
D. Communication from Rhode Island Clean Water Finance Agency to the City of Pawtucket (Various Forms and Statements)
E. Communication from Jean M. Fecteau, Gloucester Town Clerk, to RI Municipalities (Resolution Opposing Any and All Efforts of the United States Congress Which Would Place Rhode Island Communities in Jeopardy of Unapproved Land Use)
F. Communication from Kathleen Viera Beaudoin, Portsmouth Town Clerk, to Municipal Clerks (Resolution in Opposition to the Reinstatement of a Toll on the Mt. Hope Bridge)
G. Communication from Leigh Botello, East Greenwich Town Clerk, to Richard J. Goldstein, City Clerk (Resolution Opposing Mandatory Binding Arbitration for Teachers)
H. Communication from Louise R. Phaneuf, Burrillville Town Clerk, to Richard J. Goldstein, City Clerk (Resolution Opposing Mandatory Binding Arbitration for Teachers)
I. Communication from Louise R. Phaneuf, Burrillville Town Clerk, to Richard J. Goldstein, City Clerk (Opposing Senate Bill 2009-S1012: An Act Relating to towns and Cities – General Powers)
J. Communication from Frederick C. Williamson, State Historic Preservation Officer, to Property Owners and Local, State and Federal Officials (National Register of Historic Places Listing)
K. Communication from Richard Kazarian, Chair, Pawtucket Riverfront Commission, to the Honorable City Council (Pawtucket Riverfront Commission Rules of Procedure)
L. Communication from Mayor James E. Doyle to the Honorable Council Members (Opposing Senate Bill S-713, Regarding School Department Contracts)
M. Communication from Jean Philippe Barros to Mayor James E. Doyle (Response to Mayor James E. Doyle’s Communication of August 14, 2009)
N. Communication from Mayor James E. Doyle to Jean Philippe Barros (Response to Jean Philippe Barros’ Communication of August 21, 2009)
O. Communication from John E. Carney, Director of Public Works, to the Pawtucket City Council (Response – Benefit Street Paving)
P. Communication from James DeCelles, Chief Engineer, PWSB, to Richard J. Goldstein, City Clerk (Response – Water Quality Issues)
Q. Communication from David L. Quinn, II, Tax Assessor, to the Honorable City Council (Tax Abatements – January, February, March, April, May and June, 2009)
R. Resolution Authorizing the Abatement of Taxes on Motor Vehicles, Real Estate and Tangible Personal Property for January, February, March, April, May and June, 2009, in the Sum of $636,132.34, is READ AND ORDERED FILED and REFERRED TO THE FINANCE COMMITTEE.
S. Communication from Angel S. Garcia, Director of Personnel, to the Honorable Members of the Pawtucket City Council (Personnel Rules & Regulations) is READ AND ORDERED FILED and REFERRED TO THE FINANCE COMMITTEE
T. Communication from John Markus Pinard, Real Estate Development, T-Mobile USA, to Richard J. Goldstein, City Clerk (Proposal for Wireless Telecommunication Lease at Shea High School) is READ AND ORDERED FILED and REFERRED TO THE CITY PROPERTY COMMITTEE
U. Communication from Morris Nathanson, Nathanson Design, to the Honorable City Council (Request for Abandonment of an Eight Foot Portion of Exchange Court) is READ AND ORDERED FILED and REFERRED TO THE CITY PROPERTY COMMITTEE
UPON UNANIMOUS CONSENT OF THE COUNCIL, THE FOLLOWING RESOLUTION IS TAKEN UP:
RESOLUTION AUTHORIZING THE CITY OF PAWTUCKET TO ISSUE AND RECORD AN AFFIDAVIT ATTESTING THAT DIVISION STREET HOTEL, LLC FAILED TO COMPLETE CONSTRUCTION OF THE 100-ROOM HOTEL ON DIVISION STREET WITHIN THE STATED 48-MONTH PERIOD (REVERTER CLAUSE)
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.
RESOLUTION AUTHORIZING THE CITY OF PAWTUCKET TO ISSUE AND RECORD AN AFFIDAVIT ATTESTING THAT DIVISION STREET HOTEL, LLC FAILED TO COMPLETE CONSTRUCTION OF THE 100-ROOM HOTEL ON DIVISION STREET WITHIN THE STATED 48-MONTH PERIOD (REVERTER CLAUSE)
THE FOLLOWING COMMUNICATION WAS LAID ON THE TABLE AT THE MEETING HELD AUGUST 19, 2009, IS TAKEN UP:
Communication from Mayor James E. Doyle to the Pawtucket City Council (Regarding Councilor Barros Comments – August 5, 2009)
THE CHAIR RECOGNIZES COUNCILOR TETREAULT.
Upon motion made by Councilor Tetreault, seconded by Councilor Barry, the following communication is READ AND ORDERED FILED on a unanimous voice vote:
Communication from Mayor James E. Doyle to the Pawtucket City Council (Regarding Councilor Barros Comments – August 5, 2009)
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
Isaac Amponsah, 957 Main Street, 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 Kinch, Councilors Barros, Barry, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
Isaac Amponsah, 957 Main Street, Pawtucket, RI 02860, term expires the first Monday in August, 2012.
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.
RESOLUTION ACCEPTING THE CARE OF BURIAL LOT OF GUILLERMO TORO
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, Councilor Hodge introduces the following communication:
Communication from Hannah Crawshaw, to Council Presdient Henry S. Kinch, Jr., regarding trash and removal of flowers at Oak Grove Cemetery.
Upon motion made by Councilor Hodge, seconded by Councilor Barry, the following communication is READ AND ORDERED FILED and REFERRED TO THE PUBLIC WORKS/CEMETERY COMMITTEE.
Communication from Hannah Crawshaw, to Council Presdient Henry S. Kinch, Jr., regarding trash and removal of flowers at Oak Grove Cemetery.
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.
RESOLUTION CHANGING THE DATE OF THE COUNCIL MEETING SCHEDULED FOR WEDNESDAY, NOVEMBER 11, 2009 (Veterans Day) TO WEDNESDAY, NOVEMBER 4, 2009, AT 7:00 P.M.
THE CHAIR RECOGNIZES COUNCILOR BARRY.
With majority consent of the Council, Councilor Barry introduces the following ordinance:
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 motion made by Councilor Barry, seconded by Councilor Hodge, the following ordinance is READ AND ORDERED FILED and REFERRED TO THE FINANCE COMMITTEE:
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)
THE CHAIR RECOGNIZES COUNCILOR BARRY.
With majority consent of the Council, Councilor Barry introduces the following resolution:
RESOLUTION REQUESTING THAT THE PUBLIC UTILITIES COMMISSION DENY THE REQUEST OF NATIONAL GRID FOR A 11.2% INCREASE IN ELECTRICITY RATES AND REQUIRE NATIONAL GRID TO TAKE WHATEVER ACTION IS POSSIBLE TO ELIMINATE THE NEED FOR THIS LATEST RATE INCREASE PROPOSAL
Upon motion made by Councilor Barry, seconded by Councilor Hodge, the following resolution is LAID ON THE TABLE on a unanimous voice vote:
RESOLUTION REQUESTING THAT THE PUBLIC UTILITIES COMMISSION DENY THE REQUEST OF NATIONAL GRID FOR A 11.2% INCREASE IN ELECTRICITY RATES AND REQUIRE NATIONAL GRID TO TAKE WHATEVER ACTION IS POSSIBLE TO ELIMINATE THE NEED FOR THIS LATEST RATE INCREASE PROPOSAL
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 – Councilor Barry.
AN ORDINANCE ESTABLISHING A PENALTY OF THIRTY ($30.00) TEN ($10.00) DOLLARS ON CHECKS PAYABLE TO THE CITY OF PAWTUCKET WHICH ARE RETURNED UNPAID FOR ANY REASON. (ESTABLISHING A $30.00 $10.00 PENALTY ON RETURNED CHECKS), AS AMENDED
THE CHAIR RECOGNIZES COUNCILOR BARRY.
With majority consent of the Council, the following motion made by Councilor Barry, seconded by Councilor Hodge, is PASSED on a unanimous voice vote:
Councilor Barry, at the request of Councilor Chadwick, requests a hearing for Consumer Auto Sales, 610 Weeden Street, Pawtucket on October 7, 2009.
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 George L. Kelley, III, Chief of Police; requesting added patrols around Galego Court, the residents have expressed their concerns about suspicious activity and noise in the area.
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.
AN ORDINANCE IN AMENDMENT OF CHAPTER 363 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED, “TAXATION” (Exemptions 2009)
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 George L. Kelley, III, Chief of Police; requesting that the police set up a patrol at the intersection of Maplecrest Drive and Archer Street, to check on speeding and vehicles rolling through stop signs.
THE FOLLOWING LICENSE IS REMOVED FROM THE CONSENT AGENDA:
THE CHAIR RECOGNIZES COUNCILOR HODGE.
Upon motion made by Councilor Hodge, seconded by Councilor Barry, the following license is APPROVED with the following stipulation:
The license for pool table – renewal is to be held until the liquor license is resolved.
POOL TABLE - Renewal
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:
BINGO Renewal –
Darlington Braves Inc., d/b/a Darlington Braves, 92 East Ave., (Sundays 4:00 – 10:00 p.m.) LIC#3078
St. Basil the Great Church, 92 East Ave., (Fridays 6:30 p.m. – 11:00 p.m.) LIC#3081
ENTERTAINMENT -
Petition of Community Center of Grupo Amigos Da Terceira Inc., for a license to conduct an Annual St. Vincent DePaul Feast at 55 Memorial Drive, parking lot, (live music) Friday, September 11, 2009, from 6:00 p.m. to 11:00 p.m.; Saturday, September 12, 2009, from 12:00 p.m. to 11:00 p.m.; and Sunday, September 13, 2009, from 11:00 a.m. to 9:00 p.m. LIC#5305
Petition of Iglesia de Jesucristo Palabra Miel for a license to conduct an event with gospel preaching, in the parking lot at 300 Barton Street, C-Town Supermarket, on Saturday, September 19, 2009 from 10:00 am to 3:00 pm, LIC#5321
PIGEON LOFT – Renewals
Filomina Sousa, 9 Winter St. LIC#3104
Petros Zervas, 27 Harrison St. LIC#3105
VICTUALLING HOUSE – Transfer
El Sazon Mexicano Buffet LLC d/b/a El Sazon Mexicano Buffet, (Transfer from Las Margaritas Restaurant LLC d/b/a Las Margaritas Restaurant) 200 Mineral Spring Ave. LIC#5310
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, the following motion made by Councilor Hodge, seconded by Councilor Tetreault, is PASSED on a unanimous voice vote:
The Clerk is instructed to create a resolution opposing passage of legislation authorizing the governor to withhold payment of appropriations or any other legislation that will result in the loss of state funding to cities and towns.
COUNCILOR BARROS LEAVES THE CHAMBERS AT 9:13 P.M.
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED FOR PAYMENT ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Kinch, Councilors Barry, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
Maria Turmel - $13,000.00
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED FOR PAYMENT ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Kinch, Councilors Barry, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
Paul Pion - $1,360.10
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED FOR PAYMENT ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Kinch, Councilors Barry, Hodge, Moran, Tetreault and Vitali.
NOES – 0
Steven Beaudette - $1,459.11
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE TAKEN UNDER ADVISEMENT AND REFERRED TO THE LEGAL DEPARTMENT ON A UNANIMOUS VOICE VOTE:
Debra Pinto by Joseph Vocola Associates - $100,000.00
Tracy and Joann Tom by Kevin Daley, Esq. - $3 Million
Yard Works, Inc. by David DeStefano, Esq. - $39,211.24
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:
Stephen Cunha - $15,683.47
Maceo Mahaffey - $10,000.00
Matthew Mooney - $405.00
Robert & Gisele Pailthorpe - $6,958.00
Upon motion made by Councilor Hodge, seconded by Councilor Barry, the meeting is adjourned at 9:19 p.m. in memory of Senator Ted Kennedy.