City Council, December 8, 2010
A regular session of the Pawtucket City Council is held Wednesday, December 8, 2010, at 7:57 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – President Kinch, Councilors Barry, Barros, Hodge, Moran, Tetreault, Vitali and Wildenhain.
Absent – Councilor Chadwick.
President Kinch presides.
The reading of the records of November 23, 2010 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 Rhode Island Clean Water Finance Agency to the City of Pawtucket (Various Forms and Statements) |
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| | B. Communication from Mayor James E. Doyle to Ms. Rosemary Booth Gallogly, Acting Director, Rhode Island Department of Revenue (Deficit Reduction Plan Extension) |
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| | C. Communication from Mayor-Elect Donald R. Grebien to Ms. Rosemary Booth Gallogly, Acting Director, Rhode Island Department of Revenue (Five-Year Budget Stabilization Plan) |
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| | D. 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, 2010 through October 31, 2010) |
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| | E. Communication from Jeannine S. Bourski, Deputy Finance Director, to Ronald L. Wunschel, Director of Finance. (Uniform Overtime FY11) |
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| | F. Communication from Judith Winters to Mayor James E. Doyle (Resignation from Juvenile Hearing Board) |
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| | G. Communication from James R Primeau, P.E., Resident Engineer, RIDOT to Richard J. Goldstein, MMC, City Clerk (Taft Street Closing as Part of Pawtucket River Bridge Replacement Project) |
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| ** | H. Communication from William Mulholland, Superintendent, Pawtucket Parks & Recreation to the Pawtucket City Council (Response – Slater Park Lawn Bowling Area) |
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| | I. Communication from Senator Jack Reed to Richard J. Goldstein, MMC, City Clerk (Response – Pawtucket River Bridge) |
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| | J. Communication from Barney S. Heath, Acting Director, Department of Planning and Redevelopment, to the Pawtucket City Council (Draft RFP for Slater Park Concession Lease) is READ AND ORDERED FILED and REFERRED TO THE CITY PROPERTY COMMITTEE |
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| | K. Communication from Frederick W. Silva, Principal, Tolman High School to Councilor Thomas E. Hodge (Requesting a Variance for the Installation of an Electronic Sign Board) is READ AND ORDERED FILED and REFERRED TO THE ORDINANCE COMMITTEE |
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| | L. Communication from Donald R. Grebien, Mayor-Elect, to the Honorable Members of the Pawtucket City Council (Personnel Cost Savings) is READ AND ORDERED FILED and REFERRED TO THE FINANCE COMMITTEE |
**TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY, NO OTHER ACTION TAKEN.
THE CHAIR RECOGNIZES COUNCILOR VITALI.
With majority consent of the Council, Councilor Vitali introduces the following communications:
Upon motion made by Councilor Vitali, seconded the Councilor Moran, the following communications are READ AND ORDERED FILED:
Communication from John Holmes, Animal Control Supervisor, to the Councilor Albert Vitali, Animal Control Committee Chairperson (Proposed Dog Park)
Communication from Gail A. Gauthier, Health and Safety Coordinator, The Trust, to Herbert Weiss, Planning and Redevelopment Director (Proposed Dog Park)
Article from the Valley Breeze Newspaper Regarding Slater Park Lawn Bowling
Petition for Auto Repair and Second Hand Shop Licenses (Class A & B – Selling Used Automobiles & Parts) by United Car Rental Inc., d/b/a United Car Rental, 1562 Newport Avenue, Tax Assessor’s Plat 04, Lot 1129, (transfer of location from 1588 Newport Avenue) to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically used automobiles and parts, LIC#5994 #5997, which was advertised for a hearing at this time, is taken up:
Speaking in favor is Mark DeAngelis, 27 Mill Pond Circle, Milford, MA, applicant.
Mr. DeAngelis states that he is moving his business to a smaller facility, at which he will share costs with his neighbor in the building.
He states that he will be renting cars and also doing minor repairs.
There are no other speakers.
The hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
Upon motion made by Councilor Moran, seconded by Councilors Barry and Hodge, the following license is APPROVED on a unanimous voice vote:
Petition for Auto Repair and Second Hand Shop Licenses (Class A & B – Selling Used Automobiles & Parts) by United Car Rental Inc., d/b/a United Car Rental, 1562 Newport Avenue, Tax Assessor’s Plat 04, Lot 1129, (transfer of location from 1588 Newport Avenue) to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically used automobiles and parts, LIC#5994 #5997
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 Pawtucket 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, Hodge, Moran, Tetreault, Vitali and Wildenhain.
NOES - 0.
Marilee E. Arsenault, 7 Belgrade Avenue, Pawtucket, RI 02861, term expires the first Monday in August, 2013.
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:
The clerk is instructed to send a communication to Kazem Farhoumand, P.E. Chief Engineer, RI Department of Transportation, requesting he meet with the Pawtucket Planning Department and the Pawtucket Public Works Department to discuss the possibility of making the East Avenue extension in Pawtucket a two-way street.
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:
The clerk is instructed to send a communication to Mark Therrien, Assistant General Manager, Rhode Island Public Transit Authority, requesting assistance during the Route 95 Bridge 550 project in Pawtucket. Councilor Barry noted that there will be several road closings for extended periods of time, which will not provide for pedestrian traffic. The Council is hoping that RIPTA would work with the Planning Department to find ways to assist pedestrians getting around during the construction.
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 Juvenile Hearing Board, FOR CONFIRMATION:
JUVENILE HEARING BOARD
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, Vitali and Wildenhain.
NOES - 0.
Matthew F. Gunnip, 90 Summit Street, Pawtucket, RI 02860, term expires the first Monday in December, 2013
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 Juvenile Hearing Board, FOR CONFIRMATION:
JUVENILE HEARING BOARD
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, Vitali and Wildenhain.
NOES - 0.
Christopher McDonald, 84 Greeley Street, Pawtucket, RI 02861, term expires the first Monday in December, 2013.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the council, the following motion made by Councilor Hodge, seconded by the entire City Council, 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 appeal the arbitrator’s decision overturning the Use of City-Owned Vehicles ordinance as it applies to firefighters in Pawtucket. The Council also requests that she seek a stay of the arbitrator’s decision until the appeal is decided.
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
With majority consent of the council, the following motion made by Councilor Wildenhain, seconded by Councilors Barry and Barros, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Mayor-elect Donald R. Grebien, regarding the arbitrator’s decision on a grievance filed by the IAFF on the city’s Use of City-Owned Vehicles ordinance. It was noted that the arbitrator overturned the ordinance as it applies to firefighters based on the collective bargaining agreement and on the concept of past practice. The council is recommending that Mayor-elect Grebien consider this decision when negotiating collective bargaining agreements with the city’s unions to protect the rights of the city to make and enforce ordinance of this type that are necessary to protect the taxpayers of our city.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the council, the following motion made by Councilor Hodge, seconded by Councilor Moran, 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 advise all departments that the arbitrator’s decision overturning the Use of City-Owned Vehicles ordinance applies only to fire fighters in Pawtucket. All other departments are still subject to the ordinance.
AYES – President Kinch, Councilors Barros, Barry, Hodge, Moran, Tetreault, Vitali and Wildenhain.
NOES - 0.
THE FOLLOWING ORDINANCE IS TAKEN UP:
THE CHAIR RECOGNIZES COUNCILOR BARRY.
Upon motion made by Councilor Barry, seconded by Councilors Hodge and Vitali, the following ordinance is LAID ON THE TABLE on a unanimous voice vote:
AN ORDINANCE AMENDING SECTION 388 OF THE ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “VEHICLES AND TRAFFIC” (Hospital Zone and Parking)
THE FOLLOWING LICENSE WAS LAID ON THE TABLE AT THE MEETINGS HELD OCTOBER 20, 2010 AND NOVEMBER 23, 2010, AND IS AGAIN TAKEN UP AND IS APPROVED ON A MAJORITY VOICE VOICE:
COUNCILORS HODGE AND WILDENHAIN VOTE NO.
VICTUALLING HOUSE First Class - New
Habanos Lounge Inc., d/b/a Habanos Cigar Lounge, 424 Benefit Street, LIC#5941
THE FOLLOWING PETITION FOR LICENSE IS APPROVED ON A UNANIMOUS VOICE VOTE:
VICTUALLING HOUSE First Class - New
Happy Food Production LLC d/b/a Wild Flour Bakery Café, 727 East Ave. LIC#5971
*THE FOLLOWING PETITIONS FOR LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
PEDDLER LICENSE – Renewals
Norman E. Benoit Jr., d/b/a Norm Catering, 15 Surrey Drive, Johnston, RI, LIC#4873
| TO PEDDLE: | Food |
| DRIVER: | Norman E. Benoit Jr., 15 Surrey Drive, Johnston, RI |
| LOCATION: | All Streets in Pawtucket |
Couto, Celestino V d/b/a Celestino Fish Truck, 274 California Avenue, Providence, RI, LIC#4874
| TO PEDDLE: | Seafood |
| DRIVER: | Celestino V. Couto, 274 California Avenue, Providence, RI |
| LOCATION: | All Streets in Pawtucket |
VICTUALLING HOUSE First Class – New
Nathy & Kathy Inc., d/b/a La Sorpresa Bakery II, 385 East Ave. LIC#6015
S A Fast Food Inc., d/b/a Royal Fried Chicken, (prev. FSA Enterprises Inc., d/b/a Royal Fried Chicken) 270 Dexter St. LIC#6010
VICTUALLING HOUSE First Class – Renewal
Bedoya, Bernardo J. d/b/a Tolos Seafood & Chicken Express, 205 Division St. LIC#4102
Carrasco, Newton d/b/a Panal Chicken, 208 Dexter St. LIC#3785
Dernikos, Connie d/b/a Connie's Restaurant, 526 Pawtucket Ave. LIC#3434
Eid, Mohd d/b/a Columbus Mini Mart, 232 Columbus Ave. LIC#3979
Five Star Pizzeria LLC d/b/a Five Star Pizzeria, 287 Pawtucket Ave. LIC#5081
Frimpong, Swanzylina d/b/a Ahenfie Restaurant, 397 Broadway, LIC#5552
Jan Co. Inc., d/b/a Burger King, 91 Cedar St. LIC#3596
Joe’s Middle Eastern Market LLC d/b/a Joe’s Market, 435 Power Rd. LIC#5524
Luna Pichardo LLC d/b/a Pepperoni’s, 392 Cottage St. LIC#4092
Luzitania Bakery Inc., d/b/a Luzitania Bakery, 312 Barton St. LIC#5466
Marquez, Liliana d/b/a Better Life, 652 Broadway, LIC#5758
Maria Lima’s Restaurant Inc., d/b/a Cantinho Restaurant, 82 Pawtucket Avenue, LIC#4031
Mendez, Rosa d/b/a Ozzie’s Family Restaurant, 29 Summer St. LIC#4772
One Stop Deli Market Inc., d/b/a One Stop Deli, 454 Pawtucket Ave. LIC#4725
Ospina, Omar d/b/a Herbal Nutrition Center, 142 Broad St. LIC#4692
Pate, Michael d/b/a Newport Avenue Pizza, 1100 Newport Ave. LIC#4004
Tingley, Miles d/b/a Riverside Diner, 3 Exchange St. LIC#3494
Xavier, Manny & Timas, Caetano d/b/a Lima Doce Grocery Store, 550 Weeden St. LIC#3994
VICTUALLING HOUSE Second Class – New
Packaging Graphics, LLC., 60 Delta Drive, LIC#6011
*THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Kathie Toner Walkden by Joseph A. Capineri, Esq. – No Amount Specified
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, Vitali and Wildenhain.
NOES - 0.
Herb Jeschke - $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, Vitali and Wildenhain.
NOES - 0.
Victor E. Clark Sr. by Plymouth Rock Assurance – $536.35
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, Vitali and Wildenhain.
NOES - 0.
Robert Iovino - $106.00
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, Vitali and Wildenhain.
NOES - 0.
Amy Breault Zolt - $117.81
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED UP TO $5,000.00 ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Kinch, Councilors Barros, Barry, Hodge, Tetreault, Vitali and Wildenhain.
NOES - 0.
ABSTAINS – Councilor Moran
Councilor Moran abstains based on his statement that he is employed by Nationwide Insurance Company.
Luis and Piedad Perez – by Nationwide Insurance – Settlement up to $5000.00
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS DENIED – CLAIMANT TO CONTACT NATIONAL GRID, ON A UNANIMOUS VOICE VOTE:
Eviginia Skodras - $234.99
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:
Roger and Jane Bedard - $350.00
Ronald Dalton - $8,807.00-$15,250.00
Ronald Dalton by National Subrogation Services LLC - $1,750.00
Upon motion made by Councilor Hodge, seconded by Councilor Moran, the meeting is adjourned at 8:50 p.m.