November 23, 2010 - Regular City Council Session

 

City Council, November 23, 2010

 

 

A regular session of the Pawtucket City Council is held Tuesday, November 23, 2010, at 6:04 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI. 

 

Present – President Kinch, Councilors Chadwick, Hodge, Moran, Tetreault, Vitali and Wildenhain.

 

Absent – Councilors Barry and Barros.

 

President Kinch presides.

 

The reading of the records of November 10, 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:

 

 

592

A.    Communication from Barney S. Heath, Acting Director, Department of Planning and Redevelopment, to the Pawtucket City Council (Downtown Zoning Workshop – December 2, 2010)

 

 

126

B.     Communication from William Mulholland, Superintendent, Pawtucket Parks & Recreation, to the Pawtucket City Council (Amplified Sound and Spray Painting Fields at the McKinnon/Alves Complex)

 

 

028

C.     Communication from John Calista, to the Pawtucket City Council (Resignation from the Pawtucket City Planning Commission)

 

 

028

D.    Resolution from Edward F. Sanderson, Chairman, Blackstone River Valley National Heritage Corridor, Inc., to Henry S. Kinch, Jr., President, Pawtucket City Council (Support for Blackstone National Park Corridor)

 

 

611

E.     Communication from Ronald L. Wunschel, Director of Finance, to the Pawtucket City Council (Fred Alger Investments, Police and Fire Pension Plan)

 

 

3

G.    Communication from Deborah Cylke, Superintendent of Schools, Pawtucket School Department, to the Pawtucket City Council (Response – Recycling all Eligible Materials)

 

 

 

H.    Communication from Barney S. Heath, Acting Director, Department of Planning and Redevelopment, to Henry S. Kinch, Jr., President, Pawtucket City Council (Approval from DEM to Sell City Owned Land to the Pawtucket Boys and Girls Club) is READ AND ORDERED FILED and REFERRED TO THE CITY PROPERTY COMMITTEE

 

 

 

J.       Communication from David L. Quinn, II, Tax Assessor, to the Honorable City Council (Tax Abatements – January 1, 2010 through June 30, 2010 and July 1, 2010 through September 30, 2010)

 

 

 

K.    Resolution Authorizing the Abatement of Taxes on Motor Vehicles, Real Estate and Tangible Personal Property for January, February, March, April, May and June, 2010 in the Sum of $536,646.08 is READ AND ORDERED FILED and REFERRED TO THE FINANCE COMMITTEE.

 

 

 

L.     Resolution Authorizing the Abatement of Taxes on Motor Vehicles, Real Estate and Tangible Personal Property for July, August, September, 2010, in the Sum of $148,157.38 is READ AND ORDERED FILED and REFERRED TO THE FINANCE COMMITTEE.

 

F.  590    Communication from Mayor James E. Doyle to the Honorable Members of the Pawtucket City Council (Response – Working on Plan for Department of Revenue) is READ AND ORDERED FILED.

 

THE CHAIR RECOGNIZES COUNCILOR HODGE:

 

With majority consent of the Council, the following motion made by Councilor Hodge, seconded by Councilors Vitali and Moran, is PASSED on a unanimous voice vote:

 

The clerk is instructed to send a communication to Mayor James E. Doyle, requesting that he provide the Council with the following information:

 

1.   Which unions have come to the table so far to discuss concessions?

2.   What concessions have been agreed to, by what unions and how much will they save?

3.   What reductions have been made on the spending side of the budget?

 

 

 

I.    Communication from Edward J. Kenney, President, Slater Park Lawn Bowls Club, Inc., to William Mulholland, Superintendent, Pawtucket Parks & Recreation (Requesting Lease Extension for Slater Park Lawn Bowling Club) is READ AND ORDERED FILED and REFERRED TO THE CITY PROPERTY COMMITTEE and RECREATION COMMITTEE

 

THE CHAIR RECOGNIZES COUNCILOR CHADWICK.

 

With majority consent of the Council, the following motion made by Councilor Chadwick, seconded by Councilor Hodge, is PASSED on a unanimous voice vote:

 

The clerk is instructed to send a communication to William Mulholland, Superintendent, Pawtucket Parks & Recreation, requesting that he reconsider the decision to deny the renewal of the lawn bowling lease so that a dog park can be built in that location.

 

 

 

THE CHAIR RECOGNIZES COUNCILOR CHADWICK.

 

With majority consent of the Council, the following motion made by Councilor Chadwick, seconded by Councilor Hodge, is PASSED on a unanimous voice vote:

 

The clerk is instructed to send a communication to Barney S. Heath, Acting Director, Department of Planning and Redevelopment, requesting that he attend a pre-council session on Wednesday, December 8, 2010, to discuss recommendations on various sites offered by Councilor Chadwick and others for a dog park in Pawtucket.

 

 

 

609   Petition from Mary C. Hanley, Manager – Right of Way, Verizon, to Richard J. Goldstein, MMC, City Clerk, for Verizon New England Inc., and Narragansett Electric to relocate one new joint pole on Lilac Street, is APPROVED PENDING THE APPROVAL OF THE DIRECTOR OF ZONING AND CODE ENFORCEMENT.

 

 

 

613   Communication from Margaret M. Lynch-Gadaleta, Esq., City Solicitor, to Henry S. Kinch, Jr., President, Pawtucket City Council (Regarding Montalbano & Clouthier, LLP, Resolution) is READ AND ORDERED FILED.

 

 

 

THE COUNCIL TAKES UP THE FOLLOWING RESOLUTION, WHICH WAS LAID ON THE TABLE AT THE MEETING HELD NOVEMBER 10, 2010:

 

588   RESOLUTION TO ENGAGE THE SERVICES OF MONTALBANO & CLOUTIER, LLP, A RI LIMITED LIABILITY PARTNERSHIP, FOR LEGAL REPRESENTATION IN SUPERIOR COURT IN CONNECTION WITH TAX-REVERTED PROPERTIES IN THE CITY OF PAWTUCKET

 

THE CHAIR RECOGNIZES COUNCILOR TETREAULT:

 

With majority consent of the Council, Councilor Tetreault introduces the following amendment to the above entitled resolution, as follows:

 

NOW, THEREFORE, BE IT RESOLVED, THAT THE PAWTUCKET CITY COUNCIL, DOES HEREBY AUTHORIZE AND EMPOWER THE CITY OF PAWTUCKET, BY AND THROUGH THE CITY SOLICITOR, TO ENGAGE THE SERVICES OF JOSEPH A. MONTALBANO MONTALBANO & CLOUTIER, LLP, A RI LIMITED LIABILITY PARTNERSHIP, CONSISTING OF PARTNERS JOSEPH A. MONTALBANO, JOHN W. MONTALBANO AND LISA H. CLOUTIER, OF NORTH PROVIDENCE,RI FOR LEGAL REPRESENTATION IN CONDUCTING FUTURE TAX SALES AND FUTURE CONTINUATION TAX SALES FOR THE CITY OF PAWTUCKET BEGINNING IN 2011 AT COMPENSATION IN AN AMOUNT NOT TO EXCEED $135.00 PER LOT AND PLAT AND $60.00 PER DEED, AS WELL AS FOR LEGAL REPRESENTATION IN SUPERIOR COURT IN CONNECTION WITH REAL ESTATE OWNED BY THE CITY OF PAWTUCKET IN AN AMOUNT NOT TO EXCEED $145.00 PER HOUR FOR LEGAL SERVICES AND NOT TO EXCEED $25.00 PER HOUR FOR TITLE EXAMINATION SERVICES.  IN THE EVENT TITLE INSURANCE IS REQUIRED BY THE CITY, THE RATE TO BE CHARGED BY ATTORNEY JOSEPH A. MONTALBANO FOR SAME SHALL NOT EXCEED $3.00 PER THOUSAND.

 

 

 

 

Upon motion made by Councilor Tetreault, seconded by Councilor Chadwick, the following AMENDMENT is APPROVED on a roll call vote, as follows:

 

AYES – President Kinch, Councilors Chadwick, Hodge, Moran, Tetreault, Vitali and Wildenhain.

 

NOES - 0.

 

NOW, THEREFORE, BE IT RESOLVED, THAT THE PAWTUCKET CITY COUNCIL, DOES HEREBY AUTHORIZE AND EMPOWER THE CITY OF PAWTUCKET, BY AND THROUGH THE CITY SOLICITOR, TO ENGAGE THE SERVICES OF JOSEPH A. MONTALBANO MONTALBANO & CLOUTIER, LLP, A RI LIMITED LIABILITY PARTNERSHIP, CONSISTING OF PARTNERS JOSEPH A. MONTALBANO, JOHN W. MONTALBANO AND LISA H. CLOUTIER, OF NORTH PROVIDENCE,RI FOR LEGAL REPRESENTATION IN CONDUCTING FUTURE TAX SALES AND FUTURE CONTINUATION TAX SALES FOR THE CITY OF PAWTUCKET BEGINNING IN 2011 AT COMPENSATION IN AN AMOUNT NOT TO EXCEED $135.00 PER LOT AND PLAT AND $60.00 PER DEED, AS WELL AS FOR LEGAL REPRESENTATION IN SUPERIOR COURT IN CONNECTION WITH REAL ESTATE OWNED BY THE CITY OF PAWTUCKET IN AN AMOUNT NOT TO EXCEED $145.00 PER HOUR FOR LEGAL SERVICES AND NOT TO EXCEED $25.00 PER HOUR FOR TITLE EXAMINATION SERVICES.  IN THE EVENT TITLE INSURANCE IS REQUIRED BY THE CITY, THE RATE TO BE CHARGED BY ATTORNEY JOSEPH A. MONTALBANO FOR SAME SHALL NOT EXCEED $3.00 PER THOUSAND.

 

 

 

THE FOLLOWING RESOLUTION IS READ AND PASSED AS AMENDED, ON A ROLL CALL VOTE, AS FOLLOWS:

 

AYES – President Kinch, Councilors Chadwick, Hodge, Moran, Tetreault, Vitali and Wildenhain.

 

NOES - 0.

 

588   RESOLUTION TO ENGAGE THE SERVICES OF MONTALBANO & CLOUTIER, LLP, A RI LIMITED LIABILITY PARTNERSHIP, FOR LEGAL REPRESENTATION IN SUPERIOR COURT IN CONNECTION WITH TAX-REVERTED PROPERTIES IN THE CITY OF PAWTUCKET, AS AMENDED

 

 

THE FOLLOWING IS TAKEN UP:

 

AMENDMENT TO THE ORDINANCE ENTITLED “AN ORDINANCE AMENDING SECTION 388 OF THE ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED ‘VEHICLES AND TRAFFIC’ (Hospital Zone and Parking)”

 

Amend the following in §388-63:

 

B (2)    Hospital Zone special guest permit, one per residence, shall be available through the office of the City Clerk upon presentation of the item in Subsection B(1)(a) or B(3)(b) above. to a resident who does not own a vehicle but can produce one of the following:  Copy of a Pawtucket tax bill, utility bill, bank statement, income tax return, pay stub, current deed, or lease/rental agreement addressed in the name of the resident and to that residence within the Hospital Zone.   

 

 

 

THE CHAIR RECOGNIZES COUNCILOR HODGE.

 

Upon motion made by Councilor Hodge, seconded by Councilor Chadwick, the above AMENDMENT is APPROVED on a roll call vote, as follows:

 

AYES – President Kinch, Councilors Chadwick, Hodge, Moran, Tetreault, Vitali and Wildenhain.

 

NOES - 0.

 

AMENDMENT TO THE ORDINANCE ENTITLED “AN ORDINANCE AMENDING SECTION 388 OF THE ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED ‘VEHICLES AND TRAFFIC’ (Hospital Zone and Parking)”

 

Amend the following in §388-63:

 

B (2)    Hospital Zone special guest permit, one per residence, shall be available through the office of the City Clerk upon presentation of the item in Subsection B(1)(a) or B(3)(b) above. to a resident who does not own a vehicle but can produce one of the following:  Copy of a Pawtucket tax bill, utility bill, bank statement, income tax return, pay stub, current deed, or lease/rental agreement addressed in the name of the resident and to that residence within the Hospital Zone.   

 

 

 

 

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

 

AYES – President Kinch, Councilors Chadwick, Hodge, Moran, Tetreault, Vitali and Wildenhain.

 

NOES - 0.

 

AN ORDINANCE AMENDING SECTION 388 OF THE ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “VEHICLES AND TRAFFIC” (Hospital Zone and Parking), AS AMENDED

 

 

 

THE FOLLOWING LICENSE WAS LAID ON THE TABLE AT THE MEETING HELD OCTOBER 20, 2010, AND IS AGAIN TAKEN UP AND IS AGAIN LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:

 

VICTUALLING HOUSE  First Class - New

 

Habanos Lounge Inc., d/b/a Habanos Cigar Lounge, 424 Benefit Street, LIC#5941

 

 

 

THE FOLLOWING LICENSE WAS LAID ON THE TABLE AT THE MEETING HELD NOVEMBER 10, 2010, AND IS AGAIN TAKEN UP AND IS APPROVED ON A UNANIMOUS VOICE VOTE:

 

VICTUALLING HOUSE – New

 

Burger Box Inc., d/b/a Burger Box, 607 B Smithfield Avenue, LIC#5972

 

 

 

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

 

ENTERTAINMENT –

 

Petition of Foundry Artists Association to conduct an Foundry artists gala holiday sale at 172 Exchange Street, on Thursday December 2, 2010 from 5:00 pm to 9:00 pm; Fridays December 3 and 10, 2010 from 12pm to 8pm; Saturdays December 4, and 11, 2010 from 10:00 am to 8:00 pm and Sundays December 5 and 12, 2010 from 10:00 am to 6:00 pm  LIC#6005

 

Petition of Knights of Columbus Council #91 to conduct a Fundraiser/Dinner for St. John’s Baptist Church,  at 69 Quincy Avenue, on Saturday,  December 11, 2010 from 6:00 p.m. to 1:00 a.m. LIC#6000

 

HOLIDAY LICENSE – transfer

 

Cibao Supermarket Inc., d/b/a Dominican Supermarket (transfer from Juan Luis Tavera d/b/a Dominican-Supermarket) 341 Weeden St., LIC#6003

 

HOLIDAY – New

 

BJG Meat Corporation d/b/a Encuentro Deli and Grocery, 710 Broadway, LIC#5982

Gonzalez, Maritza A., d/b/a Weeden Mini Market, 474 Weeden Street, LIC#5988

Qamar, Aqsa d/b/a Bestway Food Store, 823 Newport Avenue, LIC#5979

 

 

VICTUALLING HOUSE  First Class - New

 

Cibao Supermarket Inc., d/b/a Dominican Supermarket, 341 Weeden Street, LIC#6004

Belen, Candida d/b/a Yealise Confections, 679 Main Street, LIC#5991

BJG Meat Corporation d/b/a Encuentro Deli and Grocery, 710 Broadway, LIC#5981

Qamar, Aqsa d/b/a Bestway Food Store, 823 Newport Avenue, LIC#5978

StepJen Enterprises LLC d/b/a Buford’s, (prev. Amy’s Inc., d/b/a Amy’s Restaurant), 474 Pawtucket Avenue, LIC#5986

 

 

VICTUALLING HOUSE First Class – Renewals

 

Arda Corp d/b/a Next Bite Pizza & Grill, 350 Prospect St. LIC#5125

Ayala Enterprises LLC d/b/a Bill’s Pizza, 605 Smithfield Ave. LIC#4783

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

Chen, He d/b/a Great Taste Chinese Take Out, 856 Newport Ave. LIC#4085

Cisneros Enterprise LLC d/b/a Union Fruit Market, 139 Broad St. LIC#5766

Dakake, Charles G. and Margaret E., d/b/a Liberty Lunch, 732 Central Ave. LIC#4999

Dale Creamery, Inc., d/b/a Dot’s Dairy Bar & Grill, 1476 Newport Ave. LIC#4010

Delosa Investments, LLC d/b/a Classic Café, 542 Pawtucket Ave. LIC#4734

Flor Di Brava Inc., d/b/a Pawtucket Fish Market, 593 Weeden St. LIC#5491

Goo, Chun Ying d/b/a Li Lai Restaurant, 615 Central Ave. LIC#3798

H & H Restaurant Corporation d/b/a Kip’s Restaurant, 826 Newport Ave. LIC#3774

J & B Donuts Inc., d/b/a Ronzio Pizza, 240 Main St. LIC#5855

JNP Corporation d/b/a Apsara Express, 97 Lonsdale Ave. LIC#5830

Lion Pizza Inc., d/b/a Pawtucket Lion Pizza, 197 Mineral Spring Ave. LIC#3726

Maciel Donuts, LLC d/b/a Honey Dew Donuts, 1515 Newport Ave. LIC#3969

McCoy Market Inc., d/b/a McCoy Market, 171 South Bend St. LIC#3879

Namaste Gourmet, LLC d/b/a Namaste Gourmet, 877 Central Ave. LIC#5653

Nasser Enterprises Inc., d/b/a Amy’s Bakery, 842 Newport Ave. LIC#5007

Ndao, Alhamdou d/b/a Africando Restaurant, 701 Main St. LIC#4954

Philopateer LLC d/b/a Master Pizza, 881 Central Ave. LIC#4019

Pliszka, Andrzej d/b/a Exchange Street Cafe, 49 Exchange St. LIC#4003

St. Maria & St. Mina, Inc., d/b/a Ramon’s Pizza, 171 Pawtucket Ave. LIC#5067

Stop & Shop Supermarket Company LLC., d/b/a Super Stop & Shop, 380 Cottage St. LIC#4720

TD Barton Food LLC d/b/a C-Town Supermarket, 300 Barton St. LIC#5517

 

 

VICTUALLING HOUSE Second Class – Renewal

 

A.E.E. Inc., d/b/a Local Hero, 4 Power Rd. LIC#3694

 

TAVERN Second Class – Renewal

 

Silveira, Jose d/b/a The Armistice House, 422 Armistice Blvd. LIC#4095

 

 

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

 

Roger and Jane Bedard - $350.00

Robert Iovino - $160.00

Luis and Piedad Perez by National Insurance - $9,425.12

Eviginia Skodras - $234.99

 

 

Upon motion made by Councilor Hodge, seconded by Councilor Moran, the meeting is adjourned at 6:32 p.m., in memory of Sharon Introini, Physical Education teacher at Potter Burns Elementary School.

November 23, 2010 - Regular City Council Session
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