City Council, September 8, 2010
A regular session of the Pawtucket City Council is held Wednesday, September 8, 2010, at 7:20 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault, Vitali and Wildenhain.
Absent – President Kinch.
President Pro-Tempore Hodge presides.
THE COUNCIL RECESSES IMMEDIATELY TO CONDUCT A JOINT PUBLIC HEARING ON THE FOLLOWING MATTERS:
AN ORDINANCE IN AMENDMENT OF CHAPTER 2703 OF THE ORDINANCES OF THE CITY OF PAWTUCKET, RHODE ISLAND, AMENDING THE 2003 COMPREHENSIVE PLAN (430 Central Ave., 420 Central Ave., and 375 Cottage Street)
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
THE COUNCIL RECONVENES AT 7:40 P.M.
THE COUNCIL RECESSES AT 7:40 P.M. TO CONDUCT A PUBLIC HEARING ON THE FOLLOWING:
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)
THE COUNCIL RECONVENES AT 7:55 P.M.
The reading of the records of August 25, 2010, is dispensed with and the records are APPROVED as prepared by the Clerk.
Upon motion made by Councilor Barry, seconded by Councilor Wildenhain, 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. Resolution from Grady Miller, Narragansett Town Clerk, to City and Town Clerks (Opposing Unfunded Mandates) |
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| | C. Resolution from Lori Hogen, Providence Second Deputy City Clerk, to City and Town Clerks (Support of Ovarian Cancer Awareness Month) |
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| | D. Communication from John E. Carney, Director of Public Works, to Major Arthur Martins, Pawtucket Police Department (Scavenger Reports – July and August) |
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| | E. Communication from Ronald L. Wunschel, Director of Finance, to Henry S. Kinch, Jr., President, Pawtucket City Council (New Police and Firefighters Pension Plan Money Manager) |
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| | F. Resolution Authorizing the Investment of $3 Million with Fred Alger & Company, Inc of New York City, New York in their Engagement as the New Small Midcap Money Manager for the Police and Fire Pension Fund IS REFERRED TO THE FINANCE COMMITTEE |
** TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY, NO OTHER ACTION TAKEN.
Petition for SECOND HAND SHOP LICENSE of Regino Xiquin d/b/a Mely Tires, 500 Mineral Spring Avenue, Tax Assessor’s Plat 51, Lot 174, to keep a shop for the purpose of purchasing and selling second hand articles, specifically used tires, LIC#5847, which was advertised for a hearing at this time, is taken up:
Speaking in favor is Regino Xiquin, applicant.
Councilor Chadwick states that he has met with the applicant. He questions Mr. Xiquin, for the record, what his hours of operation will be.
Mr. Xiquin states that his hours of operation will be dependent on the weather and daylight. He states that during the winter his hours will be approximately 9:00 a.m. until 5:00 p.m. and during the summer his hours will be approximately 8:00 a.m. until 8:00 p.m. His operation will be open Monday through Saturday. He will be repairing tires only and will conduct no auto repairs.
Councilor Chadwick states that he has made it clear that he wants no cars left on the lot, no mess, and Mr. Xiquin is to run a quiet and respectful business.
Mr. Xiquin states that that is his intentions and they have plans to clean and repair the building and he will keep the area clean.
There are no other speakers.
The hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR CHADWICK.
Upon motion made by Councilor Chadwick, seconded by Councilor Wildenhain, the following license is APPROVED on a unanimous voice vote:
Petition for SECOND HAND SHOP LICENSE of Regino Xiquin d/b/a Mely Tires, 500 Mineral Spring Avenue, Tax Assessor’s Plat 51, Lot 174, to keep a shop for the purpose of purchasing and selling second hand articles, specifically used tires, LIC#5847
THE COUNCIL RECESSES AT 8:00 P.M. TO RECONVENE A PUBLIC HEARING ON THE FOLLOWING:
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)
During the course of the Public Hearing the following amendment is introduced.
THE CHAIR RECOGNIZES COUNCILOR VITALI.
With majority consent of the Council, Councilor Vitali introduces the following amendment to the ordinance entitled “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)”:
Amend the following in section B (1) of § 410-37 Demolition and removal of structures:
B. …(1) A "significant historic building” is one that, is at least 50 years old and is listed on the National Register of Historic Places, or is eligible for listing on the National Register of Historic Places, or is a designated landmark, or is in the local historic district, or is determined by a majority of the Commission to be "importantly associated with one or more historic persons or events, or with the broad architectural, cultural, political, economic or social history of the City or the State, or historically or architecturally significant (in terms of period, style, method of building construction or association with a famous architect or builder) either by itself or in the context of a group of buildings.” A determination that a significant building is "preferably preserved" (relative to the proposed replacement structure) is made if a majority of the Commission finds that it is in the public interest that the building should be preserved.
The motion made by Councilor Vitali, seconded by Councilor Barros to amend the following section of the ordinance entitled “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 DEFEATED on a roll call vote, as follows:
AYES – Councilors Barros and Vitali.
NOES – President Pro-Tempore Hodge, Councilors Barry, Chadwick, Moran, Tetreault, and Wildenhain.
Amend the following in section B (1) of § 410-37 Demolition and removal of structures:
B. …(1) A "significant historic building” is one that, is at least 50 years old and is listed on the National Register of Historic Places, or is eligible for listing on the National Register of Historic Places, or is a designated landmark, or is in the local historic district, or is determined by a majority of the Commission to be "importantly associated with one or more historic persons or events, or with the broad architectural, cultural, political, economic or social history of the City or the State, or historically or architecturally significant (in terms of period, style, method of building construction or association with a famous architect or builder) either by itself or in the context of a group of buildings.” A determination that a significant building is "preferably preserved" (relative to the proposed replacement structure) is made if a majority of the Commission finds that it is in the public interest that the building should be preserved.
THE COUNCIL RECONVENES AT 8:04 P.M.
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 Pro-Tempore Hodge, Councilors Barros, Barry, Chadwick, Moran, Tetreault, Vitali and Wildenhain.
NOES - 0.
Philip J. Shea, III, 28 Pine Grove Street, Pawtucket, RI 02861, term expires August, 2013.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Pro-Tempore Hodge, Councilors Barros, Barry, Chadwick, Moran, Tetreault, Vitali and Wildenhain.
NOES - 0.
THE FOLLOWING ORDINANCE IS READ FOR THE SECOND TIME AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Pro-Tempore Hodge, Councilors Barry, Chadwick, Moran, Tetreault, and Wildenhain.
NOES – Councilors Barros and Vitali.
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
With majority consent of the Council, the following motion made by Councilor Wildenhain, seconded by Councilor Barry, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Barney S. Heath, Acting Director, Planning & Redevelopment, requesting that he prepare and send out a RFP for the concession stands at Daggett Farm, as the lease for Daggett Delights expires in December, 2010.
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 Pro-Tempore Hodge, Councilors Barros, Barry, Chadwick, Moran, Tetreault, Vitali and Wildenhain.
NOES - 0.
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)
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 Pro-Tempore Hodge, Councilors Barros, Barry, Chadwick, Moran, Tetreault, Vitali and Wildenhain.
NOES - 0.
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)
THE FOLLOWING ORDINANCE, RETURNED BY THE ORDINANCE COMMITTEE WITH THE RECOMMENDATION FOR APPROVAL, IS TAKEN UP:
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” (Police and Fire Chiefs)
THE CHAIR RECOGNIZES COUNCILOR BARROS.
Upon motion made by Councilor Barros, seconded by Councilor Barry, the following ordinance is LAID ON THE TABLE on a roll call vote, as follows:
AYES – President Pro-Tempore Hodge, Councilors Barros, Barry, Chadwick, Moran, Tetreault, Vitali and Wildenhain.
NOES - 0.
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” (Police and Fire Chiefs)
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 Margaret M. Lynch-Gadaleta, City Solicitor, requesting that she respond in writing or appear at the next City Council meeting to respond as to whether or not there is a conflict of interest with the Police and Fire Chiefs receiving the same benefit package upon retirement as the Police and Fire unions, as they sit in on the negotiations of these contracts.
THE CHAIR RECOGNIZES COUNCILOR VITALI:
With majority consent of the Council, the following motion made by Councilor Vitali, seconded by Councilor Barry, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to David Strauss, President, Key Container Corporation, requesting that they clean up the trash on their site and in the vicinity of Key Container, as the Council has received numerous complaints.
THE CHAIR RECOGNIZES COUNCILOR BARRY.
With majority consent of the Council, the following motion made by Councilor Barry, seconded by Councilor Vitali, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to James DeCelles, Chief Engineer, PWSB, requesting that he attend a Pre-Council session on September 22, 2010, to discuss the shoddy work that is being done by the contractors who have been working on the streets in the City of Pawtucket, particularly West Avenue.
THE CHAIR RECOGNIZES COUNCILOR CHADWICK.
With majority consent of the Council, the following motion made by Councilor Chadwick, seconded by the entire City Council, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to George L. Kelley, III, Chief of Police, requesting an increase in enforcement of the three-way stop signs of Cobble Hill Road, Weeden Street, and Power Road.
THE FOLLOWING ORDINANCE, RETURNED BY THE ORDINANCE COMMITTEE WITH THE RECOMMENDATION FOR APPROVAL, IS TAKEN UP:
AN ORDINANCE IN AMENDMENT OF CHAPTER 388, OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, ENTITLED “VEHICLES AND TRAFFIC” (Division Street Bridge)
THE CHAIR RECOGNIZES COUNCILOR BARROS.
Upon motion made by Councilor Barros, seconded by Councilor Barry, the following ordinance is LAID ON THE TABLE on a roll call vote, as follows:
AYES – Councilors Barros, Barry, Chadwick, Moran, and Tetreault.
NOES – President Pro-Tempore Hodge, Councilors Vitali and Wildenhain.
AN ORDINANCE IN AMENDMENT OF CHAPTER 388, OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, ENTITLED “VEHICLES AND TRAFFIC” (Division Street Bridge)
THE CHAIR RECOGNIZES COUNCILOR VITALI.
With majority consent of the Council, the following motion made by Councilor Vitali, seconded by Councilor Barros, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Michael E. Burns, Traffic Engineering Supervisor, requesting an opinion regarding the re-routing of traffic if the Division Street Bridge is closed to tractor trailers over 10 tons.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, the following motion made by Councilor Moran, seconded by Councilor Wildenhain, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Michael E. Burns, Traffic Engineering Supervisor, requesting when the County Street Bridge at Rice Street will reopen.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, the following motion made by Councilor Moran, seconded by Councilor Vitali, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Kevin J. Dumas, Mayor of Attleboro, requesting a flashing light be installed at the Cottage Street/County Street Bridge at Rice Street when the bridge is complete, due to the increased height of the bridge and the possible visual difficulty of traffic in that vicinity.
*THE FOLLOWING PETITIONS FOR LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
ENTERTAINMENT -
Communication from Herb Weiss, Chair, Executive Committee, Pawtucket Arts Festival, to Councilor John J. Barry III. (Requesting additional Arts Festival event at the Ground Round on September 11, 2010 from 9:00 pm to 12:00 am)
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 10, 2010, from 5:30 p.m. to 11:00 p.m.; Saturday, September 11, 2010, from 12:00 p.m. to 11:00 p.m.; and Sunday, September 12, 2010, from 11:00 a.m. to 9:00 p.m. LIC#
Petition of RiverEdge Arts Project to have a Fundraiser at 1005 Main Street, on Friday, October 1, 2010, from 7:00 p.m. to 11:00 p.m. LIC#5877
Petition of Saint Raphael Academy to conduct an Alumni Gathering at 194 Walcott Street, on Saturday, October 23, 2010, from 7:00 p.m. to 11:00 p.m. LIC#5882
VICTUALLING HOUSE First Class – New
Chrisidis, John d/b/a Grand Slam Pizza, 11 Benefit St. LIC#5885
Jarosz, Ana d/b/a Taste of Europe, 560 Armistice Blvd., LIC#5884
*THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Jason Furtado by Commerce Insurance - $1,143.56
COUNCILOR BARROS LEAVES THE CHAMBER AT 8:45 P.M.
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 Pro-Tempore Hodge, Councilors Barry, Chadwick, Moran, Tetreault, Vitali and Wildenhain.
NOES - 0.
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 Pro-Tempore Hodge, Councilors Barry, Chadwick, Moran, Tetreault, Vitali and Wildenhain.
NOES - 0.
James Blackwell - $139.00
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 Pro-Tempore Hodge, Councilors Barry, Chadwick, Moran, Tetreault, Vitali and Wildenhain.
NOES - 0.
Andrea Nunes - $223.97
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:
Joseph Czapiga - $762.00
Jose Ventura – $2,451.72 (carpet)
Jose Ventura - $1,885.00 (back flow value)
Humberto Lopez by Wayne Resmini, Esq. - $300,000.00
Gerald O’Neill, Esq. by Ronald Resmini Ltd. – No Amount Specified
Robert Labonte – $291.64
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE DENIED – CLAIMANT TO CONTACT THE PAWTUCKET HOUSING AUTHORITY ON A UNANIMOUS VOICE VOTE:
Aniany Pena by Christopher Fay, Esq. – No Amount Specified
Michael Pena, minor child of Aniany Pena by Christopher Fay, Esq. – No Amount Specified
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:
David LaFountaine by Charles Vucci, Esq. - $100,000.00
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS DENIED – CLAIMANT TO CONTACT THE STATE OF RHODE ISLAND ON A UNANIMOUS VOICE VOTE:
Kelldrin Hall – minor of Gill Hall by Christopher Fay, Esq. – No Amount Specified
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:
Kathleen M. Gosselin by Asquith & Mahoney, LLP - $350,000.00
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:
Richard Costa $7,927.93
Darlene Ferland - $9,802.68-$16,312.95
Upon motion made by Councilor Barry, seconded by Councilor Wildenhain, the meeting is adjourned at 8:50 p.m. in memory of Stephen Bouris, a lifelong resident of Pawtucket and an active member of numerous local and community committees.