City Council, August 11, 2010
A regular session of the Pawtucket City Council is held Wednesday, August 11, 2010, at 7:53 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – President Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Vitali, Tetreault and Wildenhain.
Absent – 0.
President Kinch presides.
THE COUNCIL RECESSES AT 7:55 P.M. TO CONVENE A PUBLIC HEARING ON THE FOLLOWING:
THE COUNCIL RECONVENES AT 7:56 P.M.
The reading of the records of July 21, 2010, July 28, 2010 and August 3, 2010, is dispensed with and the records are APPROVED as prepared by the Clerk.
Upon motion made by Councilor Hodge, seconded by Councilor Chadwick, the *Consent Agenda is APPROVED, on a unanimous voice vote.
*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:
| | A. 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 June 30, 2010 – tentative) |
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| | B. Communication from Robert Howe, Director, Emergency Management Agency, to Henry S. Kinch, Jr., President, Pawtucket City Council (Secured Funds from the Emergency Management Preparedness Grant) |
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| | C. Communication from Robert Howe, Director, Emergency Management Agency, to Henry S. Kinch, Jr., President, Pawtucket City Council (Secured Funds from the Buffer Zone Protection Program) |
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| | D. Communication from Rhode Island Clean Water Finance Agency to the City of Pawtucket (Various Forms and Statements) |
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| | E. Communication from Angel S. Garcia, Personnel Director, to the Pawtucket City Council (Allocation Roster Effective July 1, 2010) |
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| | F. Communication from George L. Kelley, III, Chief of Police, to Henry S. Kinch, Jr., President, Pawtucket City Council (National Accreditation Awarded to Pawtucket Police Department) |
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| | G. Communication from James Chellel, Jr., Chair, Pawtucket School Committee, to Henry S. Kinch, Jr., President, Pawtucket City Council (Pawtucket School Committee/Budget) |
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| | H. Resolution from Grady Miller, Narragansett Town Clerk, to City and Town Clerks (Support of the Suspension of the Current Catch Share/Sector Management in the Northeast Implemented by the National Oceanic and Atmospheric Administration) |
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| | I. Communication from Major Bruce Moreau, Pawtucket Police Department, to Councilor David Moran (Response – Flora S. Curtis Memorial School Playground) |
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| | J. Communication from Eric W. Jones, Construction Division Manager, S&R Corporation, to Henry S. Kinch, Jr., President, Pawtucket City Council (Requesting the Renting of Property Located at the Corner of Division Street and Water Street for Equipment Storage etc.) is READ AND ORDERED FILED and REFERRED TO THE CITY PROPERTY COMMITTEE |
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| | K. Communication from John E. Carney, Director of Public Works, to the City Council Cemetery Committee (Cemetery Perpetual Care Fund) is READ AND ORDERED FILED and REFERRED TO THE PUBLIC WORKS/CEMETERIES COMMITTEE |
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| | L. Communication from Edith Marra, owner, The Grand Manor, to Henry S. Kinch, Jr., President, Pawtucket City Council (Requesting Help with Taxes) is READ AND ORDERED FILED and REFERRED TO THE FINANCE COMMITTEE. |
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| | M. Communication from Margaret M. Lynch-Gadaleta, Esq., City Solicitor, to Richard J. Goldstein, CMC, City Clerk (Fire and Police Chief Benefits at Retirement) |
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| | N. An Ordinance in Amendment of Chapter 63, Article V of the Code of Ordinances of the City of Pawtucket, entitled “Termination Policy for City Officials” is LAID ON THE TABLE and REFERRED TO THE ORDINANCE COMMITTEE |
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| | O. An Ordinance in Amendment of Chapter 410, Article V, of The Code of Ordinances of the City of Pawtucket, 1996, Entitled “Zoning” – “Historic Districts” (Demolition Delay) is LAID ON THE TABLE AND A PUBLIC HEARING IS SET FOR SEPTEMBER 8, 2010 |
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| | P. An Ordinance in Amendment of Chapter 2703 of the Ordinances of the City of Pawtucket, Rhode Island, Amending the 2003 Comprehensive Plan. (430 Central Avenue, 420 Central Avenue and 375 Cottage Street) is LAID ON THE TABLE AND A PUBLIC HEARING IS SET FOR SEPTEMBER 8, 2010 WITH THE RECOMMENDATION OF THE ORDINANCE COMMITTEE. |
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| | Q. An Ordinance in Amendment of Chapter 2373 of the Ordinances of the City of Pawtucket Also Known as Chapter 410 of the Revised Ordinances of the City of Pawtucket, Rhode Island, 1996. (Change in Official Zoning Map Plat 9A Lots 545, 546, 547 and 548 – 430 and 420 Central Avenue and 375 Cottage Street) is LAID ON THE TABLE AND A PUBLIC HEARING IS SET FOR SEPTEMBER 8, 2010 WITH THE RECOMMENDATION OF THE ORDINANCE COMMITTEE. |
Communication from His Honor, Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council, submitting the following reappointment as a member of the Parks Commission, FOR CONFIRMATION:
PARKS COMMISSION
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, Vitali and Wildenhain.
NOES - 0.
Fred Kent, 42 Greeley Street, Pawtucket, RI 02861, term expires the first Monday in August 2013.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault, Vitali and Wildenhain.
NOES - 0.
THE FOLLOWING RESOLUTION IS TAKEN UNDER ADVISEMENT ON A UNANIMOUS VOICE VOTE:
RESOLUTION AUTHORIZING THE ACCEPTANCE OF REAL PROPERTY LOCATED AT 32 MONTICELLO PLACE (McKinnon/Alves Soccer Complex)
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, Vitali and Wildenhain.
NOES - 0.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault, Vitali and Wildenhain.
NOES - 0.
THE FOLLOWING ORDINANCE IS TAKEN UP:
AN ORDINANCE IN AMENDMENT OF CHAPTER 2942 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED “THE ANNUAL OPERATING BUDGET ORDINANCE 2010-2011, AS AMENDED” ($3,400 Motor Vehicle Exemption)
THE CHAIR RECOGNIZES COUNCILOR HODGE.
Councilor Hodge introduces an amendment for a $5,000 motor vehicle exemption, rather than $3,400:
The motion made by Councilor Hodge, seconded by Council President Kinch, to amend, as follows, the ordinance entitled “AN ORDINANCE IN AMENDMENT OF CHAPTER 2942 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED “THE ANNUAL OPERATING BUDGET ORDINANCE 2010-2011, AS AMENDED” ($3,400 motor vehicle exemption) is DEFEATED on a roll call vote, as follows:
AYES –Councilor Hodge.
NOES – President Kinch, Councilors Barros, Barry, Chadwick, Moran, Tetreault, Vitali and Wildenhain.
AMENDMENT:
A $5,000 motor vehicle exemption, rather than $3,400
The following ordinance is read for the SECOND time and PASSED on a roll call vote, as follows:
AYES – Councilors Barry, Chadwick, Moran, Tetreault and Wildenhain.
NOES - President Kinch, Councilors Barros, Hodge and Vitali.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – Councilors Barry, Chadwick, Moran, Tetreault and Wildenhain.
NOES - President Kinch, Councilors Barros, Hodge and Vitali.
THE CHAIR RECOGNIZES COUNCILOR BARRY.
Councilor Barry introduces the following motion, seconded by President Kinch, Councilors Barros, Chadwick, Moran, Tetreault, Vitali and Wildenhain:
A letter shall be sent with the motor vehicle tax bills informing the taxpayers of Pawtucket that the increase in their motor vehicle tax bills is caused by the vote of the General Assembly to end the motor vehicle excise tax reimbursement to the cities and towns. The letter would also suggest that if taxpayers have any questions or concerns about this increase, they should contact their State Senator or State Representative.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, Councilor Hodge moves, seconded by Councilor Vitali, that the letter to the taxpayers be amended to eliminate the suggestion that if taxpayers have any questions or concerns about the motor vehicle tax increase, they should contact their State Senator or State Representative. The motion is DEFEATED on a roll call vote, as follows:
AYES – Councilors Hodge and Vitali.
NOES - President Kinch, Councilors Barros, Barry, Chadwick, Moran, Tetreault and Wildenhain.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, Councilor Hodge moves, seconded by Councilor Barros, that the letter to the taxpayers be amended to suggest that if taxpayers have any questions or concerns about the motor vehicle tax increase, they should contact their City Councilor in addition to contacting their State Senator or State Representative. The motion is DEFEATED on a roll call vote, as follows:
AYES – Councilors Barros and Hodge.
NOES - President Kinch, Councilors Barry, Chadwick, Moran, Tetreault, Vitali and Wildenhain.
THE CHAIR RECOGNIZES COUNCILOR BARRY.
With majority consent of the Council, the following motion made by Councilor Barry, seconded by President Kinch, Councilors Barros, Chadwick, Moran, Tetreault, Vitali and Wildenhain, is APPROVED on a roll call vote, as follows:
AYES – President Kinch, Councilors Barros, Barry, Chadwick, Moran, Tetreault, Vitali and Wildenhain.
NOES – Councilor Hodge.
A letter shall be sent with the motor vehicle tax bills informing the taxpayers of Pawtucket that the increase in their car tax bills is caused by the vote of the General Assembly to end the motor vehicle excise tax reimbursement to the cities and towns. The letter would also suggest that if taxpayers have any questions or concerns about this increase, they should contact their State Senator or State Representative.
The following ordinance is read for the SECOND time and PASSED on a roll call vote, as follows:
AYES – President Kinch, Councilors Barry, Chadwick, Hodge, Moran, Tetreault, Vitali and Wildenhain.
NOES – Councilor Barros.
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, Barry, Chadwick, Hodge, Moran, Tetreault, Vitali and Wildenhain.
NOES - 0.
AN ORDINANCE IN AMENDMENT OF CHAPTERS 202, 319 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, REGARDING MISCELLANEOUS FEES CHARGED BY THE ZONING DEPARTMENT. (Various Fees)
THE FOLLOWING ORDINANCE SUBMITTED BY THE ORDINANCE COMMITTEE IS TAKEN UP:
AN ORDINANCE IN AMENDMENT OF CHAPTER 325 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, REGARDING MISCELLANEOUS FEES CHARGED BY THE ZONING DEPARTMENT. (Absentee Landlord)
THE CHAIR RECOGNIZES COUNCIL HODGE.
Upon motion made by Councilor Hodge, seconded by Councilor Barry, the motion to DENY the following ordinance is APPROVED on a roll call vote, as follows:
AYES – President Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault and Vitali.
NOES – Councilor Wildenhain.
THE FOLLOWING LICENSES WERE LAID ON THE TABLE AT THE MEETING HELD JULY 21, 2010, AND ARE AGAIN TAKEN UP AND ARE APPROVED ON A UNANIMOUS VOICE VOTE:
WASTE HAULER – Renewal
Coastal Recycling Inc. d/b/a Coastal Recycling, 32 Thurbers Avenue, Providence, RI LIC#3342
Gueuremont, Albert d/b/a Roll-A-Way Disposal, 86 Knight Street, Warwick, RI LIC#3346
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
TLA Pond View LLC d/b/a Pond View, 1 Dexter Road, East Providence, RI LIC# 5073
Waste Haulers LLC, PO Box 19755, Johnston, RI LIC#5209
*THE FOLLOWING PETITIONS FOR LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
ENTERTAINMENT –
Petition of George Wiley Center to have a Fundraiser - quiz bowl at Pawtucket Armory, 172 Exchange Street, on Friday September 10, 2010 from 6:00 pm to 9:00 pm LIC#5822
Petition of Groundwork Providence to have a Fundraiser at 1005 Main Street, on Thursday, October 14, 2010, from 6:30 p.m. to 8:30 p.m. LIC#5843
Petition of Pawtucket Arts Festival Committee for a license to conduct an arts festival at various locations (See Attached) on Friday, August 27, through Sunday, September 26, 2010 LIC#5829
SIDEWALKS SIGN PERMIT - Renewals
Andella’s Boulevard Meats LLC d/b/a Andella’s Boulevard Meats, 627 Armistice Blvd. (1) LIC#3306
Apex Tire & Service Center, LLC., d/b/a Apex Tire & Service Center, 33 Main St. (2) LIC#3320
Fastcash Pawn & Checkcasher Incorporated d/b/a Fastcash Pawn & Checkcasher , 824 Newport Ave. (1) LIC#4845
Norm’s New Generation Barber Shop, 168 Smithfield Ave. (1) LIC#5453
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
VICTUALLING HOUSE - New
JNP Corporation d/b/a Apsara Express, 97 Lonsdale Ave. LIC#5830
WASTE HAULER – Renewal
Allied Waste North America Inc., d/b/a Allied Waste Systems of Fall River, 1080 Airport Road, Fall River, MA, LIC#3359
Burke, Brian, d/b/a Waste Management of RI, 1610 Pontiac Avenue, Cranston, RI, LIC#3361
Papa, Stacey d/b/a Discount Disposal, 19C Buck Hill Road, Johnston, RI, LIC#3351
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
James Blackwell - $139.00
Joseph Czapiga - $762.00
David LaFountaine by Charles Vucci, Esq. - $100,000.00
Humberto Lopez by Wayne Resmini, Esq. - $300,000.00
Andrea Nunes - $223.97
Gerald O’Neill Esq. by Ronald Resmini Ltd. – No Amount Specified
Aniany Pena by Christopher Fay, Esq. – No Amount Specified
Michael Pena by Christopher Fay, Esq. – No Amount Specified
Jose Ventura - $2,451.72
Harold Vine by Allstate Insurance - $772.40
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, Vitali and Wildenhain.
NOES - 0.
Stephanie Duverge - $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, Chadwick, Hodge, Moran, Tetreault, Vitali and Wildenhain.
NOES - 0.
Mary Jones - $150.00
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:
Robert Labonte - $291.64
Eric Marquis - $126.00
Joyner Sanchez - $173.51
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:
Romana H. Ramos by Richard A. Sinapi, Esq. - $25,000.00
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:
Darlene Ferland - $9,802.68-$16,312.95
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS DENIED – CLAIMANT TO CONTACT THE PAWTUCKET SCHOOL DEPARTMENT ON A UNANIMOUS VOICE VOTE:
Edward and Lorraine Lynch as parents of Amber Lynch
by Edward F. Grourke, Esq. - $100,000.00
THE CHAIR RECOGNIZES COUNCILOR VITALI.
With majority consent of the Council, the following motion made by Councilor Vitali, seconded by Councilors Barry and Hodge, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to John Carney, Director of Public Works, requesting that the public works department check on and paint the crosswalks around Memorial Hospital, starting with Prospect St. This request is based on complaints about the dangers of crossing the roads because cars are speeding through crosswalks.
THE CHAIR RECOGNIZES COUNCILOR VITALI.
With majority consent of the Council, the following motion made by Councilor Vitali, seconded by Councilors Barry and 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 that the police set up traffic/radar patrols for one to two weeks on Prospect Street, particularly near Memorial Hospital, at various times of the day. This request is based on complaints about the dangers of crossing the road because cars are speeding through crosswalks.
Upon motion made by Councilor Moran, seconded by Councilor Chadwick, the meeting is adjourned at 8:52 p.m., in memory of Kenneth Dunne, assistant coach for the Pawtucket Youth Soccer and former coach for the Pawtucket Slaterettes.