City Council, April 20, 2011
A regular session of the Pawtucket City Council is held Wednesday, April 20, 2011, at 7:26 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present - President Moran, Councilors Barros, Barry, Chadwick, Hodge, Vitali, Tetreault and Wildenhain.
Absent – Councilor O’Neill.
President Moran presides.
The reading of the records of April 6, 2011 is dispensed with and the records are APPROVED as prepared by the Clerk.
Upon motion made by Councilor Hodge, seconded by Councilors Barry and Barros, 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 Pawtucket City Council (TANS Purchase $11.6 Million) |
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| | B. Communication from Cheryl A Fernstrom, CMC, Jamestown Town Clerk, to the Pawtucket City Council (Resolution in Support of Legislation to Amend RIGL §17-11-1 “An Act Relating to Elections – Voting districts and Officials” and Resolution in Support of Legislation to Amend RIGL §16-7-44 School Housing Project Costs) |
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| | C. Communication from Smithfield Public Schools to the Pawtucket City Council (Resolution of the Smithfield School Committee – Binding 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. Communication from the Pawtucket Water Supply Board to the Pawtucket City Council (Spring Hydrant Flushing Program) |
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| | F. Communication from William Mulholland, Superintendent, Pawtucket Parks & Recreation, to the Pawtucket City Council (Rules and Regulations for Mobile Ice Cream Vendors) |
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| | G. Communication from Rhode Island Department of Transportation to the Pawtucket City Council (Pawtucket Bridge #550 Updates for April 3-9 and April 10-16, 2011) |
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| | H. Communication from Mayor Donald R. Grebien to the Pawtucket City Council (Letter from Edward Fleury, Pawtucket, RI, requesting an Ordinance for a Cat Leash Law) is READ AND ORDERED FILED and REFERRED TO THE ORDINANCE COMMITTEE |
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| | I. Communication from Paul King, Chief of Police, to Councilor Jean Philippe Barros, Chair, Substance Abuse Prevention Task Force Committee (Request for Funds to Conduct Two Citizens’ Police Academy Sessions) is READ AND ORDERED FILED and REFERRED TO THE SUBSTANCE ABUSE/DARE COMMITTEE |
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| | J. Communication from Barney S. Heath, Acting Director, Department of Planning and Redevelopment to David P. Moran, President, Pawtucket City Council (City Lease of the Former Red Farm Studio Site) is READ AND ORDERED FILED and REFERRED TO THE CITY PROPERTY COMMITTEE) |
K. Communication from Vincent Palumbo, P.E., Managing Engineer, RIDOT, Engineering Division to Richard J. Goldstein, MMC, City Clerk (Blackstone River Bikeway – Segment 1B/2 Waterman Street to Pawtucket Landing - Parking Restrictions) is READ AND ORDERED FILED and REFERRED TO THE ORDINANCE COMMITTEE
THE CHAIR RECOGNIZES COUNCILOR BARRY.
With majority consent of the Council, the following motion made by Councilor Barry, seconded by the entire City Council, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Vincent J. Palumbo, P.E., Managing Engineer, Rhode Island Department of Transportation, regarding parking restrictions for the Blackstone River Bikeway – Segment 1B/2, Waterman Street to the Pawtucket Landing. The Councilors are concerned that there has been little or no communication between D.O.T and the residents on those streets about the elimination of any parking spaces. The Council is requesting that D.O.T. holds a neighborhood meeting with the residents on the affected streets prior to any consideration of their request.
L. An Ordinance Authorizing the Use of Fund Money for Deficit Reduction in Fiscal Year 2011 is LAID ON THE TABLE and REFERRED TO THE FINANCE COMMITTEE
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 to Councilor Wildenhain a list of the balances in the funds the administration wishes to use for deficit reduction.
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 St Cecilia’s School congratulating everyone involved with the school’s Green Club for their outstanding contributions to cleaning up the city and spreading the word to students from kindergarten on up about the importance of a clean environment. Special recognition goes to Joseph Groves and Daniel Arteaga for organizing the club.
UPON UNANIMOUS CONSENT OF THE COUNCIL, THE FOLLOWING MATTER IS TAKEN UP AT THIS TIME:
AN ORDINANCE PLACING A SIX-MONTH MORATORIUM ON COMPENSATION FOR BOARDS AND COMMISSIONS IN THE CITY OF PAWTUCKET
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING AMENDMENT TO THE ABOVE ORDINANCE IS TAKEN UP:
Change the following Section 1:
SECTION 1. (a) Notwithstanding any provisions of Chapter 88 of the Code of Ordinances of the City of Pawtucket entitled, “Salaries and Compensation,” or any other ordinances or policies to the contrary, no member of any board or commission, excluding the city council and school committee, shall receive any stipend, salary or other form of compensation from January 1, 2011 through June 30, 2011. Notwithstanding any ordinances, resolutions or policies to the contrary, the rate of any stipend, salary or other form of compensation for services provided by members of the various boards and commissions in Pawtucket, excluding the city council and the school committee, shall be 25% less during the second half of fiscal year 2011 (January 1, 2011 through June 30, 2011) than during the first half of fiscal year 2011 (July 1, 2010 through December 31, 2010). The maximum annual stipend, salary or other form of compensation for the various boards and commissions shall be reduced by 12.5% to reflect this change.
(b) For purposes of this ordinance, the rate of any stipend shall be the various payments per meeting authorized for board or commission members and chairpersons who are compensated on a per meeting basis; the rate of any salary shall be the weekly or monthly payments for board or commission members and chairpersons who are compensated on an annual salary basis; and the rate of any other compensation shall be the regular payments for board or commission members and chairpersons whose compensation is not based on stipends or salaries.
(c) During the period between January 1, 2011 and June 30, 2011, all other conditions for payment, including, but not limited to attendance at meetings, shall remain in full force and effect.
(d) The finance director may withhold all payments to board and commission members for the period from January 1, 2011 through June 30, 2011 until August 12, 2011.
THE CHAIR RECOGNIZES COUNCILOR BARRY.
Upon motion made by Councilor Barry, seconded by Councilor Hodge, the following amendment to the ordinance entitled, “AN ORDINANCE PLACING A SIX-MONTH MORATORIUM ON COMPENSATION FOR BOARDS AND COMMISSIONS IN THE CITY OF PAWTUCKET” is LAID ON THE TABLE on a unanimous voice vote:
Change the following Section 1:
SECTION 1. (a) Notwithstanding any provisions of Chapter 88 of the Code of Ordinances of the City of Pawtucket entitled, “Salaries and Compensation,” or any other ordinances or policies to the contrary, no member of any board or commission, excluding the city council and school committee, shall receive any stipend, salary or other form of compensation from January 1, 2011 through June 30, 2011. Notwithstanding any ordinances, resolutions or policies to the contrary, the rate of any stipend, salary or other form of compensation for services provided by members of the various boards and commissions in Pawtucket, excluding the city council and the school committee, shall be 25% less during the second half of fiscal year 2011 (January 1, 2011 through June 30, 2011) than during the first half of fiscal year 2011 (July 1, 2010 through December 31, 2010). The maximum annual stipend, salary or other form of compensation for the various boards and commissions shall be reduced by 12.5% to reflect this change.
(b) For purposes of this ordinance, the rate of any stipend shall be the various payments per meeting authorized for board or commission members and chairpersons who are compensated on a per meeting basis; the rate of any salary shall be the weekly or monthly payments for board or commission members and chairpersons who are compensated on an annual salary basis; and the rate of any other compensation shall be the regular payments for board or commission members and chairpersons whose compensation is not based on stipends or salaries.
(c) During the period between January 1, 2011 and June 30, 2011, all other conditions for payment, including, but not limited to attendance at meetings, shall remain in full force and effect.
(d) The finance director may withhold all payments to board and commission members for the period from January 1, 2011 through June 30, 2011 until August 12, 2011.
THE FOLLOWING ORDINANCE, RETURNED BY THE FINANCE COMMITTEE WITH THE RECOMMENDATION FOR APPROVAL, AS AMENDED, IS TAKEN UP:
AN ORDINANCE PLACING A SIX-MONTH MORATORIUM ON COMPENSATION FOR BOARDS AND COMMISSIONS IN THE CITY OF PAWTUCKET
THE CHAIR RECOGNIZES COUNCILOR TETREAULT.
Upon motion made by Councilor Tetreault, seconded by Councilors Hodge and Barros, the following ordinance is LAID ON THE TABLE on a unanimous voice vote:
AN ORDINANCE PLACING A SIX-MONTH MORATORIUM ON COMPENSATION FOR BOARDS AND COMMISSIONS IN THE CITY OF PAWTUCKET
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE MOTION TO DENY THE FOLLOWING REQUEST IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Moran, Councilors Barros, Barry, Chadwick, Hodge, Tetreault, Vitali and Wildenhain.
NOES - 0.
THE CHAIR RECOGNIZES COUNCILOR VITALI.
With majority consent of the Council, the following motion made by Councilor Vitali, seconded by Councilors Barry and Barros, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Frank J. Milos, Jr., Esq., City Solicitor, requesting that he review once again the purchase and sales agreement for the Pawtucket Armory, to see if the city can gain control of the future of this building. He is also requested to look into the eminent domain options for this building.
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 Barney S. Heath, Acting Director, Department of Planning and Redevelopment, requesting that he investigate which attorney wrote the purchase and sales agreement for the sale of the Pawtucket Armory on Exchange Street from the City of Pawtucket to the Pawtucket Armory Association.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Moran, Councilors Barros, Barry, Chadwick, Hodge, Tetreault, Vitali and Wildenhain.
NOES - 0.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Moran, Councilors Barros, Barry, Chadwick, Hodge, Tetreault, Vitali and Wildenhain.
NOES - 0.
THE FOLLOWING LICENSE WAS LAID ON THE TABLE AT THE MEETINGS HELD ON MARCH 23, 2011 AND APRIL 6, 2011, AND IS AGAIN TAKEN UP:
PEDDLER NEW – (Pending Approval of Fire Department and Zoning Department)
Lauri Mercurio, 14 Kimball Avenue, Pawtucket, RI, LIC#
TO PEDDLE: Fireworks
LOCATION: 1588 Newport Avenue (Parking Lot)
THE CHAIR RECOGNIZES COUNCILOR CHADWICK.
Upon motion made by Councilor Chadwick, seconded by Councilors Wildenhain and Barry, the following license is DENIED on a unanimous voice vote:
PEDDLER NEW – (Pending Approval of Fire Department and Zoning Department)
Lauri Mercurio, 14 Kimball Avenue, Pawtucket, RI, LIC#
TO PEDDLE: Fireworks
LOCATION: 1588 Newport Avenue (Parking Lot)
THE CHAIR RECOGNIZES COUNCILOR CHADWICK.
With majority consent of the Council, Councilor Chadwick introduces the following communication:
Communication from Jonathan Savage, DIBCO, LLC, to the Pawtucket City Council requesting a tax abatement on property located at 560 Mineral Spring Avenue, Plat 51, Lot 0236, until the best and most cost-effective way or remedying the environmental contamination on this site is addressed.
Upon motion made by Councilor Chadwick, seconded by Councilor Barry, the following communication is READ AND ORDERED FILED and REFERRED TO THE FINANCE COMMITTEE.
Communication from Jonathan Savage, DIBCO, LLC, to the Pawtucket City Council requesting a tax abatement on property located at 560 Mineral Spring Avenue, Plat 51, Lot 0236, until the best and most cost-effective way or remedying the environmental contamination on this site is addressed.
*THE FOLLOWING PETITIONS FOR LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
ENTERTAINMENT –
Petition of Len’s Hot Dog Haven, Inc. to hold at Cruise Night at Daggett Farm, Slater Park, on Tuesday Nights from May – September, 5:00 p.m. until 8:30 p.m.
PEDDLER LICENSE New -
Café Bernard LLC d/b/a LJ’s BBQ, 727 East Ave. LIC#6997
DRIVER: Watson, Bernard, 54 Riley Drive, East Providence, RI
PEDDLE: Food
LOCATION: All of Pawtucket
PEDDLER LICENSE Renewal –
Costa Trading Co Inc., 228 Cranston Street, Providence, RI, LIC#4906
DRIVER: Mustafa Lynch
TO PEDDLE: Pictures, Toys, Etc…
LOCATION: All of Pawtucket
DRIVER: Jennifer Smith, LIC#4907
TO PEDDLE: Pictures, Toys, Etc…
LOCATION: All of Pawtucket
HOLIDAY LICENSES – Renewals
Blossoms Design Boutique, Inc., d/b/a Blossoms Design Boutique, 160 Smithfield Ave. LIC#3235
Carter, Pamela L d/b/a Pamela's Pastry Shoppe, 832 Newport Ave. LIC#3257
*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
Flor Di Brava Inc., d/b/a Pawtucket Fish Market, 593 Weeden St. LIC#5492
AUTOMOBILE REPAIR SHOP AND SECOND HAND SHOP LICENSES (CLASS A & B) (Selling used automobiles and parts) (Renewals)
Americar Sales & Collision Center Inc., 626 Main St. LIC#2489 #2490
*Coastal Collision, Towing & Auto Sales Inc., d/b/a Coastal Auto Sales, 540 Pawtucket Ave. LIC#2409 #2410
1. No more than eight (8) vehicles in the front lot for sale at any given time.
*Courtesy Hyundai, Inc., d/b/a Courtesy Hyundai, 939 Newport Ave. LIC#2669 #2671
*Dorman’s Auto Center Inc., d/b/a Dorman’s Auto Center, 434 Prospect St. LIC# 2404 #2405
STIPULATION PER ZONING 3/27/01
1. Open storage of motor vehicles, auto parts, or debris shall not be visible from Prospect Street or the front of the building.
Lindbergh Auto Body, Inc., d/b/a Lindbergh Auto Sales, 58 Smithfield Ave. LIC#2396 #2397
Smithfield Motor Sales Inc., d/b/a Smithfield Motor Sales, 527 Smithfield Ave. LIC#2165 #2166
*Veiga, Mario d/b/a Mo Performance, 45 Sharon Ave. LIC#2249 #2250
1. No work outside garage.
2. No parking on Sharon Avenue.
3. Trash & debris will be picked up.
4. No auto body or spray painting.
AUTO REPAIR SHOP & SECOND HAND SHOP CLASS B (Parts Only) (Renewals)
Banchwerks LLC d/b/a Banchwerks, 579 Weeden St. LIC#5235 #5451
B T S Co Inc., d/b/a BTS Tire & Service Store, 580 Pawtucket Ave. LIC#2463 #2464
Guckin, Jeff d/b/a Mobicare, 350 Cottage St. LIC#2309 #2310
SECOND HAND SHOP ONLY (Class A – Used Automobiles Only) (Renewals)
Antonio Albuquerque d/b/a Nicali Auto Outlet, 1 Dunnell Lane LIC#2597
Dorman’s Auto Center, Inc. (Annex) d/b/a Dorman’s Auto Center Annex, 124 Beverage Hill Ave. LIC#2569
AUTO REPAIR SHOP ONLY (Renewals)
* Baptista, Tina d/b/a M & M Auto Repair, 3 Dix St. LIC#2437
1. No auto body work.
2. No outside vehicle storage.
3. No parking along the railroad tracks either on road or on dirt sidewalk.
4. No auto parts stored outside.
5. No outside dumpsters.
6. No unregistered autos parked outside.
7. No speeding, racing, or testing of vehicles in the area.
8. Work shall be performed only between the hours of 8:00 a.m. and 7:00 p.m. Monday through Saturday.
9. All repair work shall be inside, there will be no repair of vehicles outside in the street or sidewalk.
Manny's Service Center, Inc., d/b/a Manny’s Service Center, 645 Armistice Blvd. LIC#2297
Paine’s Service Station, LLC d/b/a Paine's Service Station, 344 Armistice Blvd. LIC#2130
SECOND HAND SHOP (Class C – Used Miscellaneous Merchandise) (Renewals)
Ana’s Chic Boutique Corporation d/b/a Ana’s Chic Boutique, 726 Central Ave. LIC#5656
ARC of Blackstone Valley d/b/a New to You, 541 Armistice Blvd. LIC#2582
*Costello, Rickey L d/b/a Broadway Loan & Jewelry, 720 Broadway, LIC#2631
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
McCarten Violins LLC, d/b/a McCarten Violins, 1005 Main St. LIC#2632
*Menyongai, Napoleon d/b/a Menyongai New & Used Furniture, 364 Benefit St. LIC#3474
1. All sales inside, no furniture on sidewalk.
*Pacheco III Timothy, d/b/a Central Ave. Antiques, 1041 Central Ave. LIC#2828
1. No items displayed on sidewalk.
Rhode Island Antiques Company LLC d/b/a Rhode Island Antiques Mall, 345 Fountain St. LIC#2641
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Herbert Carr – pending receipt
Maureen Curran - $553.52
Lindsay Wilkes-Edrington - $341.10
Cecilia Fernandes by Richard Tallo, Esq. - $150,000.00
Adam Jensen by GEICO Insurance - $5,968.39
Whitney March - $2,500.00 pending estimates
Joseph Pouliot - $74.93
THE CHAIR RECOGNIZES COUNCILOR BARRY.
With majority consent of the Council, the following motion made by Councilor Barry, seconded by the entire City Council, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to the Pawtucket School Committee, regarding the recently negotiated contract with the school teachers union. In light of the voter’s approval on November 2, 2010, of a charter amendment to require council ratification of all collective bargaining agreements with employees under the jurisdiction of the school committee, the city council is requesting that the new contract be forwarded to them for their review. Also, they are requesting that any further action on the contract be tabled until such time as the legislation ratifying said charter change is approved by the general assembly and the council has a chance to ratify the contract.
Upon motion made by Councilor Vitali, seconded by the entire City Council, the meeting is adjourned at 8:02 p.m., in memory of National Guard Specialist Dennis Poulin, a Pawtucket native, who passed away from injuries sustained while serving his country with honor and distinction in Afghanistan.