City Council, March 24, 2010
A regular session of the Pawtucket City Council is held Wednesday, March 24, 2010, at 7:26 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – President Kinch, Councilors Barry, Chadwick, Hodge, Moran, Tetreault and Vitali.
Absent – Councilor Barros.
President Kinch presides.
The reading of the records of March 10, 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 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 February 28, 2010 |
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| | B. Communication from Mayor James E. Doyle to the Honorable City Council Members (Support of Legislation from Senator O’Neill) |
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| | C. Communication from Mayor James E. Doyle to the Honorable City Council Members (Opposing S2603 “An Act Relating To Labor And Labor Relations – Certified School Teachers Arbitration”) |
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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. Resolution from Kathy Silvia, Newport City Clerk, to City and Town Clerks (Support of the Return of the America’s Cup Challenge to Newport) |
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| | F. Resolution from Mary LeBlanc, Westerly Deputy Town Clerk, to City and Town Clerks (Opposing Mandatory Binding Arbitration on Monetary Matters for Teachers) |
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| | G. Resolution from Amy Rose Weinreich, Charlestown Deputy Town Clerk, to City and Town Clerks (Establishing a New Program Called “Blue Alert” Which Would Issue Information on Suspected Assailants Who Have Fled the Scene of a Crime Involving an Officer Who Has Been Killed or Injured) |
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| | H. Resolution from the City of Cranston, to City and Town Clerks (Supporting Rhode Island House Bill 7014 - Bicyclist Safety) |
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| | I. Resolution from Tina W. Freeman, CMC, Foster Town Clerk, to City and Town Clerks (Opposing House Bill 5931 and Senate Bill 606 – “Madeline Walker Bill) |
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| | J. Communication from Louise R. Phaneuf, Burrillville Town Clerk, to City and Town Clerks (Opposing House Bill 2010 – H 7276; An Act Relating to Taxation – Tax Sales) |
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| | M. Communication from Angel S. Garcia, Director of Personnel, to the Honorable Members of the Pawtucket City Council. (Personnel Board Approval of the Collective Bargaining Agreements Between Teamsters Local 251 and the Pawtucket Water Supply Board - Periods of July 1, 2008-June 30, 2009 and July 1, 2009-June 30, 2012) |
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| | N. Collective Bargaining Agreements Between Teamsters Local 251 and the Pawtucket Water Supply Board - Periods of July 1, 2008-June 30, 2009 and July 1, 2009-June 30, 2012) is LAID ON THE TABLE and REFERRED TO THE FINANCE COMMITTEE |
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| | O. An Ordinance Establishing an Automated External Defibrillator Fund is LAID ON THE TABLE WITH THE RECOMMENDATION OF APPROVAL BY THE FINANCE COMMITTEE. |
THE CHAIR RECOGNIZES COUNCILOR BARRY.
Upon motion made by Councilor Barry, seconded by Councilor Hodge, the following communication is READ AND ORDERED FILED:
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 Michael Lewis, Director, Rhode Island Department of Transportation. Councilor Barry expresses his concerns about the damage to the curbing and storm drain at the Prospect Street and Vernon Street intersection, which is being caused by the detoured tractor trailer traffic. The Council is requesting that the Department of Transportation repair the damage as soon as possible, before a pedestrian falls and gets seriously injured.
THE CHAIR RECOGNIZES COUNCILOR VITALI.
Upon motion made by Councilor Vitali, seconded by Councilors Tetreault and Hodge, the following communication is READ AND ORDERED FILED:
THE CHAIR RECOGNIZES COUNCILOR VITALI.
With majority consent of the Council, the following motion made by Councilor Vitali, seconded by Councilors Tetreault and Hodge, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Michael Burns, Traffic Engineer, requesting that he do a study to determine if there is an area around the Division Street Bridge where a toll booth/area could be set up to collect tolls from tractor trailer trucks that use this historic city bridge.
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 Margaret Lynch-Gadaleta, City Solicitor, requesting that she prepare an ordinance authorizing a toll on tractor trailers using the Division Street Bridge and including penalties for failure to pay the required tolls.
THE CHAIR RECOGNIZES COUNCILOR VITALI.
With majority consent of the Council, Councilor Vitali introduces the following communications:
COUNCIL PRESIDENT KINCH ORDERS THAT THE ABOVE LETTER FROM MAJOR BANNON BE FORWARDED TO THE PAWTUCKET DELEGATION TO THE GENERAL ASSEMBLY.
Petition of Pawtucket Red Sox Baseball Club, Inc., for license to conduct Athletic Games (games or exhibitions of Baseball) in McCoy Stadium, Columbus Avenue, on the following Sundays: April 11, 25, May 16, 30, June 13, 20, July 11, August 1, 8, 15, September 5, 12, 19, 26, 2010, LIC#5462, which was advertised for a hearing at this time, is taken up:
There are no 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 of Pawtucket Red Sox Baseball Club, Inc., for license to conduct Athletic Games (games or exhibitions of Baseball) in McCoy Stadium, Columbus Avenue, on the following Sundays: April 11, 25, May 16, 30, June 13, 20, July 11, August 1, 8, 15, September 5, 12, 19, 26, 2010, LIC#5462
Petition for SECOND HAND SHOP LICENSE (Class C) of Zelika Khaytin d/b/a Her She Consignment Boutique, 684 Central Avenue, Tax Assessor’s Plat 10, Lot 808, to keep a shop for the purpose of purchasing and selling second hand articles, specifically used clothing, shoes and accessories, LIC#5537, which was advertised for a hearing at this time, is taken up:
Speaking in favor is Zelika Khaytin, 110 Hunts Avenue, Pawtucket, RI, applicant.
Ms. Khaytin was involved with another shop up the street, which is now dissolved.
Hours of operation are not finalized, but will be around 10:00 a.m. to 6:00 p.m., Tuesday through Sunday.
There are no other speakers.
The hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
Upon motion made by Councilor Moran, seconded by Councilor Barry, the following license is APPROVED, on a unanimous voice vote:
Petition for SECOND HAND SHOP LICENSE (Class C) of Zelika Khaytin d/b/a Her She Consignment Boutique, 684 Central Avenue, Tax Assessor’s Plat 10, Lot 808, to keep a shop for the purpose of purchasing and selling second hand articles, specifically used clothing, shoes and accessories, LIC#5537
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Kinch, Councilors Barry, Chadwick, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Kinch, Councilors Barry, Chadwick, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Kinch, Councilors, Barry, Chadwick, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Kinch, Councilors Barry, Chadwick, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Kinch, Councilors Barry, Chadwick, 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 Barry, Chadwick, 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 Barry, Chadwick, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
THE FOLLOWING RESOLUTION IS TAKEN UP:
RESOLUTION IN SUPPORT OF BONDING LEGISLATION FOR FISCAL YEARS 2011 AND 2012.
THE CHAIR RECOGNIZES COUNCILOR CHADWICK.
Upon motion made by Councilor Chadwick, seconded by Councilor Barry, the following resolution is LAID ON THE TABLE on a unanimous voice vote:
RESOLUTION IN SUPPORT OF BONDING LEGISLATION FOR FISCAL YEARS 2011 AND 2012.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Kinch, Councilors Barry, Chadwick, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
THE CHAIR RECOGNIZES COUNCILOR VITALI.
With majority consent of the Council, Councilor Vitali introduces the following license:
ENTERTAINMENT -
Petition of Friends of Jean Philippe Barros, to conduct a fundraiser at 1005 Main Street Pawtucket, RI, on Friday, April 2, 2010, from 9:00 p.m. to 1:00 a.m., LIC. #5586
Upon motion made by Councilor Vitali, seconded by Councilor Tetreault, the following license is APPROVED on a unanimous voice vote:
Petition of Friends of Jean Philippe Barros, to conduct a fundraiser at 1005 Main Street Pawtucket, RI, on Friday, April 2, 2010, from 9:00 p.m. to 1:00 a.m., LIC. #5586
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Kinch, Councilors Barry, Chadwick, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Kinch, Councilors Barry, Chadwick, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Kinch, Councilors Barry, Chadwick, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – Councilors Barry, Chadwick, Moran, Tetreault and Vitali.
NOES – President Kinch and Councilor Hodge
THE CHAIR RECOGNIZES COUNCILOR VITALI.
Upon motion made by Councilor Vitali, seconded by Councilor Chadwick, the vote on the following resolution is RECONSIDERED, on a unanimous voice vote:
“RESOLUTION IN SUPPORT OF 2010-S 2456 “AN ACT RELATING TO ELECTIONS – STATEWIDE REFERENDA ELECTIONS”
The following resolution, which is being reconsidered by the city council, is read and DEFEATED on a roll call vote, as follows:
AYES – 0.
NOES – President Kinch, Councilors Barry, Chadwick, Hodge, Moran, Tetreault and Vitali.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Kinch, Councilors Barry, Chadwick, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
THE FOLLOWING RESOLUTION, WHICH WAS SUBMITTED BY THE PUBLIC WORKS COMMITTEE WITH THE RECOMMENDATION OF APPROVAL, WAS LAID ON THE TABLE AT THE MEETING HELD MARCH 13, 2010 AND IS AGAIN TAKEN UP:
RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT BETWEEN THE STATE OF RHODE ISLAND AND THE CITY OF PAWTUCKET DEPARTMENT OF PUBLIC WORKS – SEWER DIVISION, FOR THE CONSTRUCTION AND MAINTENANCE OF THE FOLLOWING BRIDGES: PAWTUCKET RIVER BRIDGE NO. 550; GARDEN STREET BRIDGE NO. 547; PINE STREET BRIDGE NO. 548 AND THE GEORGE STREET BRIDGE NO. 549.
THE CHAIR RECOGNIZES COUNCILOR CHADWICK.
Upon motion made by Councilor Chadwick, seconded by Councilor Barry, the following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Kinch, Councilors Barry, Chadwick, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
*THE FOLLOWING PETITIONS FOR LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
ENTERTAINMENT –
Petition of Pawtucket Red Sox Baseball Club, Inc. to conduct Fireworks Display Illumination Shows in McCoy Stadium, on April 30, May 30, July 1, 2, 3, September 5, 2010, LIC#5465
Petition of Sandra Feinstein-Gamm Theatre, to conduct a fundraiser dinner/dance at 172 Exchange Street, Pawtucket Armory, on Saturday, April 10, 2010 from 6:00 pm to 11:00 pm., LIC#5547
HOLIDAY LICENSE – New
Choudhry, Muhammad L d/b/a BK House of Cigars, (prev. BK House of Cigars Inc., d/b/a BK House of Cigars) 530 Broadway, LIC#5548
Khaytin, Zelika d/b/a Her She Consignment Boutique, 682 Central Ave. LIC#5529
HOLIDAY LICENSES - Renewals
Adams Furniture Company Inc., d/b/a Adams Furniture, 65 East Ave. LIC#3244
AM Donuts, Incorporated d/b/a Dunkin Donuts, 205 Dexter St. LIC#3197
Amerada Hess Corporation d/b/a Hess 39504, 250 Mineral Spring Ave. LIC#3207
Bach LLC d/b/a A & S Convenience & Deli, 248 West Ave. LIC#4861
Beau Video Ltd., d/b/a Beau Video, 171 Pawtucket Ave. LIC#4775
Blackstone Donuts Incorporated d/b/a Dunkin Donuts, 109 East St. LIC#4758
Blackstone Donuts Incorporated d/b/a Dunkin Donuts, 421 Broadway, LIC#4759
Building #19 Inc., d/b/a Building #19 1/9, 625 Narragansett Park Dr. LIC#4843
Byers, Richard d/b/a Dick's Sport & Hobby Shop, 460 Smithfield Ave. LIC#3219
Caprichos Antioquenos Bakery Inc., d/b/a Caprichos Antioquenos Bakery, 173 Lonsdale Ave. LIC#4761
Central Avenue Donuts Inc., d/b/a Dunkin Donuts, 1113 Central Ave. LIC#3214
*Costello, Rickey L d/b/a Broadway Loan & Jewelry, 720 Broadway, LIC#3176
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
Cumberland Farms, Inc., d/b/a Cumberland Farms #1265, 193 Division St. LIC#4830
Dots, LLC, d/b/a Dots, 693 Beverage Hill Ave. LIC#3196
East Avenue CVS Inc., d/b/a CVS/Pharmacy #2234, 425 East Ave. LIC#3261
Family Dollar Stores Inc., d/b/a Family Dollar #6933, 502 Broadway, LIC#3175
Family Dollar Stores Inc., d/b/a Family Dollar #2095, 320 Dexter St. LIC#3275
Fantas Market, Inc., d/b/a Fantas Market, 618 Broadway, LIC#3186
Flor Di Brava Inc., d/b/a Pawtucket Fish Market, 593 Weeden St. LIC#5492
Fox Grocery, Inc., d/b/a Fox Grocery, 209 Benefit St. LIC#3256
F & Z LLC d/b/a Gulf Express, 711 East Ave. LIC#5103
Gold Stars Gift Store, Inc., d/b/a Gold Stars Gift Store, 484 Lonsdale Ave. LIC#5183
Gonzalez, Juan A d/b/a Gonzalez Grocery, 474 Weeden St. LIC#3181
Hollywood Entertainment Corporation d/b/a Hollywood Video Game Crazy #039-117, 398 Cottage St. LIC#3210
Howell J. Smith Druggist Inc., d/b/a Howell J. Smith Druggist, 749 Central Ave. LIC#3191
Investment Donuts, Inc., d/b/a Dunkin Donuts, 727 East Ave. LIC#4741
Iqbal, Azhar d/b/a A & I Convenience Store, 191 Pawtucket Ave. LIC#5015
Jose & Carmelo Main Street Market Inc., 919 Main St. LIC#3178
Lonsdale Donuts Inc., d/b/a Dunkin Donuts, 465 Lonsdale Ave. LIC#4823
Lorraine Fabrics Inc., d/b/a Lorraine Fabrics, 593 Mineral Spring Ave. LIC#3182
Malik, Saeed, d/b/a Sam’s Food Stores, 151 Benefit St. LIC#5203
Marques Enterprises Inc., d/b/a Lil' General Store, 600 Main St. LIC#3189
Maxi Drug South, L.P. d/b/a Rite Aid #10229, 727 East Ave. LIC#3224
Maxi Drug South, L.P. d/b/a Rite Aid #10228, 150 Mineral Spring Ave. LIC#3222
Maxi Drug South, L.P. d/b/a Rite Aid #10227, 342 Power Rd. LIC#3223
McCoy Market Inc., d/b/a McCoy Market, 171 South Bend St. LIC#4864
Mineral Enterprises, Inc., d/b/a Dunkin Donuts, 750 Mineral Spring Ave. LIC#4826
Monro Muffler Brake Inc., d/b/a Speedy Auto Service By Monro, 1427 Newport Ave. LIC#5113
Moran Foods Inc., d/b/a Save-A-Lot Food Stores, #803, 477 Mineral Spring Ave. LIC#3266
Moran Foods Inc., d/b/a Save-A-Lot #813, 295 Armistice Blvd. LIC#5046
Munschy, Kenneth C d/b/a Li'l General Store, 556 Central Ave. LIC#3226
Newport Avenue Donuts Inc., d/b/a Dunkin Donuts, 105 Cedar St. LIC#3229
Newport Division Donuts Inc., d/b/a Dunkin Donuts, 192 Division St. LIC#4828
Newport Avenue Donuts Inc., d/b/a Dunkin Donuts #300297, 81 Newport Ave. LIC#4827
Neves, Maria M. d/b/a LeSoleil, 547 Armistice Blvd. LIC#3209
Ocean State Job Lot of Pawtucket, Inc., d/b/a Ocean State Job Lot #107, 470 Pawtucket Ave. LIC#3237
Onasco LLC d/b/a Onasco Sunoco A-Plus, 81 School St. LIC#3242
Pathik LLC d/b/a Gold Mart, 1531 Newport Ave. LIC#3187
Pawtucket CVS Inc., d/b/a CVS Pharmacy #1042, 835 Newport Ave. LIC#3194
Pawtucket Newport Neighborhood LLC d/b/a Stop N Save, 823 Newport Ave. LIC#4779
Pawtucket Plaza CVS, Inc., d/b/a CVS Pharmacy #670, 601 Smithfield Ave. LIC#3195
Pina, Jack B d/b/a Ligafrica Music, 180 Mineral Spring Ave. LIC#3212
Precision Harley Davidson Inc., 269 Armistice Blvd. LIC#4832
Prospect Minimarket Inc., d/b/a Prospect Mini Market, 620 Prospect St. LIC#3185
Providence Discount Store Inc., d/b/a 99 Cents Plus, 300 Barton St. (Unit #1) LIC#3208
PRRC, Inc., d/b/a Price Rite, 465 Lonsdale Ave. LIC#3282
Saad Food Mart Inc., d/b/a Saad Food Mart, 1414 Newport Ave. LIC#4847
Silva, Dulce T. d/b/a Dulce’s XPO Boutique, 585 Main St. LIC#5131
Silver Mart Inc., d/b/a Silver Mart, 170 Cottage St. LIC#3200
Simpson's Pharmacy Inc.,d/b/a Simpson's Pharmacy, 10 Newport Ave. LIC#4778
Supercuts Corporate Shops Inc. d/b/a Super Cuts #9976, 681 Beverage Hill Ave. LIC#3192
Tavera, Juan Luis d/b/a Dominican-Supermarket, 339 Weeden St. LIC#3267
*U-Haul Company of Rhode Island Inc., d/b/a U-Haul Center of Pawtucket, 2 Lonsdale Ave. LIC#3265
1. Repair of U-Haul Vehicles only.
2. No auto body work.
3. No spray painting.
4. All repair work shall be conducted inside garage area.
5. No used auto parts or junk shall be stored outside.
6. Shall adhere to current zoning regulations for landscaping of parking lots.
7. No auto repair work on Sundays.
Underground Heroes Inc., d/b/a Subway, 695 Beverage Hill Ave. LIC#4763
*U-Save Gas Inc., d/b/a Roukoz Investment, 469 Benefit St. LIC#3264
STIPULATIONS PER ZONING DECISION 4/1/86
1. The hours of operation shall not be other than as stated in presentation 7 AM to 9 PM. Any violation shall be grounds for closing this operation.
2. No foods, paper, rubbish shall be allowed to be in land area. Dumpster collection facilities shall be both inside and on exterior of site and dumpsters on outside must be with covers.
3. Management shall take caution with employees and see that they do not allow radio and other noises to take place.
4. Landscape and shrubs shall be planted to be in harmony with area.
POOL TABLE – Renewal
JK Club LLC d/b/a J K Club, 520 Cental Ave. (1) LIC#4932
Garrity Pub & Restaurant, Inc., d/b/a Corinne’s Banquets, 67 Garrity St. (1) Weekdays & Sundays LIC#3171
VICTUALLING HOUSE – New
Blackstone Valley Sports LLC d/b/a Dennis M. Lynch Arena, 25 Andrew Ferland Way, LIC#5555
Frimpong, Swanzylina, d/b/a Ahenfie Restaurant, 397 Broadway, LIC#5552
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Octavio Barbosa - $233.17-$649.49
Jerome Daniels by Pelletier & Mirza LLP - $75,000.00
Jose DaSilva - $1,168.87-$1,288.79
Charles Down - $102.14
Scott Kell - $300.00-$1,185.59
Daniela Maddestra - $652.29-$709.61
Christopher and Susan McDonald - $497.65
Michael Newman - $93.16-$250.00
Christy Skodras - $171.26
Dolores Soares $452.51
Ashley Titus - $367.50
Upon motion made by Councilor Hodge seconded by Councilor Barry, the meeting is adjourned at 8:12 p.m.