City Council, April 25, 2012
A regular session of the Pawtucket City Council is held Wednesday, April 25, 2012, at 7:39 p.m., in the Pawtucket Public Library, 13 Summer Street, Pawtucket, RI.
Present - President Moran, Councilors Barros, Barry, Chadwick, Hodge, Tetreault, Vitali and Wildenhain.
Absent – Councilor O’Neill.
President Moran presides.
THE COUNCIL RECESSES IMMEDIATELY TO CONDUCT A PUBLIC HEARING ON THE FOLLOWING:
AN ORDINANCE REDISTRICTING THE COUNCILMANIC DISTRICTS IN THE CITY OF PAWTUCKET.
THE COUNCIL RECONVENES AT 7:49 P.M.
The reading of the records of April 11, 2012 is dispensed with and the records are APPROVED as prepared by the Clerk.
Upon motion made by Councilor Hodge, seconded by Councilors Barry and Chadwick, the *Consent Agenda is APPROVED, on a unanimous voice vote.
*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:
| | A. Communication from Rhode Island Department of Transportation to the Pawtucket City Council (Pawtucket Bridge #550 Updates for April 8-14 and April 15-21, 2012) |
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| ** | B. Press Release from the Rhode Island Department of Transportation Regarding the End to the 18-ton Limit on Route 95 North in Pawtucket. |
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| | C. Communication from Donna M. Nesselbush, Associate Judge, Pawtucket Municipal Court to David P. Moran, President, Pawtucket City Council (Chief Judge Position) |
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| ** | D. Communication from Gerard E. O’Neill, Attorney/Sr. Business Agent, AFSCME Rhode Island Council 94 to David P. Moran, President, Pawtucket City Council (Contract Negotiations Between RI Council 94, Local 1352 and the Pawtucket School Department) |
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| | E. Communication from Leigh A. Botello, East Greenwich Town Clerk, to RI City & Town Clerks. (Resolutions Supporting Governor Chafee’s Legislative Package, Senate Bill 2310 regarding School Committees, Resolution Opposing the 2% Increase in Meals and Beverage Tax) |
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| | F. Communication from Patricia A. Roosa, Executive Assistant, Narragansett Town Manager’s Office, to RI City & Town Clerks. (Resolution Opposing H-7618 Entitled, An Act Relating to Labor and Labor Relations Firefighters and H-7619 An Act Entitled, An Act Relating to Labor and Labor Relations, Resolution Opposing H7620 Entitled, An Act Relating to Labor and Labor Relations Municipal Employee Arbitration, Resolution Opposing H-7617 Entitled, An Act Relating to Labor and Labor Relations School Employee Arbitration, Resolution Opposing H-7250 That Mandates Expired teacher Contracts Must Continue at the Existing Terms and Conditions) |
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| | G. Communication from Jean M. Fecteau, Glocester Town Clerk, to RI City & Town Clerks. (Resolution in Opposition of H-7867 regarding Building Permits and Impact Fees) |
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| | H. Communication from Louise R. Phaneuf, Burrillville Town Clerk, to RI City & Town Clerks. (Resolutions Supporting H-7581 An Act Relating to Public Utilities and Carriers – Public Transit Investment and S-2673 regarding Post Office Boxes for Election Registration, and S-2371 and H-7746 Regarding the Recording of Foreclosure Deeds) |
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| | I. Communication from Lynn M. Hawkins, Exeter Town Clerk, to RI City & Town Clerks. (Resolutions Supporting A Referendum Relating to the Code of Ethics and Support of Legislation to Help Municipalities Resolve their Financial Problems and Begin the Process of Recovery and Financial Stability) |
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| | J. Communication from Cheryl A. Fernstrom, CMC, Jamestown Town Clerk, to RI City & Town Clerks. (Resolution Supporting A Referendum Relating to the Code of Ethics and Resolution Opposing the 2% Increase in Meals and Beverage Tax, Opposing the Expansion of the Lodging Tax, and in Support of H-7561 Registration of Voters) |
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| | K. Communication from Julie A. Coelho, CMC, Warren Town Clerk, to RI City & Town Clerks. (Resolution Supporting Governor Chafee’s Legislative Package) |
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| | L. Communication from the Newport School Committee to RI City & Town Clerks. (Resolutions Opposing H-7617 & H-7620 regarding Binding Arbitration for Teachers and School Employees and Opposing H-7250 and H-2012 and S-2532 regarding Contract Continuation and Resolution in Support of Layoff Notification Date) |
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| | M. Communication from Mayor Donald R. Grebien to Roger Lemoie, Chairman, Pawtucket Redevelopment Agency (Extension of Lease– Department of Labor & Training) |
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| ** | O. Communication from Michael E. Burns, Traffic Engineering Supervisor, to the Pawtucket City Council (Response – Daggett Avenue at Central Avenue – “No Turn on Red”) |
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| ** | P. Communication from Michael E. Burns, Traffic Engineering Supervisor, to the Pawtucket City Council (Response – George R. Bennett Highway “30 mph” Speed Limit) |
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| | Q. Communication from Antonio J. Pires, Director of Administration, to Richard J. Goldstein, MMC, City Clerk (Response – Fire Equipment Redeployment) |
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| | R. Communication from William J. Sisson, Pawtucket Fire Chief, to David P. Moran, President, Pawtucket City Council (Response – Emergency Response Plan) |
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| | U. Communication from Maria Xiarhos, Personnel Assistant, to the Honorable Members of the Pawtucket City Council (Amend Pay Ordinance Chapter 2990 – Create Police Administrative Assistant) |
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| | V. An Ordinance in Amendment of Chapter 2990 of the Ordinances of the City of Pawtucket Establishing a Pay Plan for the City of Pawtucket for Classified Non-Union Positions (Police Administrative Assistant) IS LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE |
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| | W. Communication from Maria Xiarhos, Personnel Assistant, to the Honorable Members of the Pawtucket City Council (Amend Pay Ordinance Chapter 2976 – Delete Police/CD Secretary) |
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| | X. An Ordinance in Amendment of Chapter 2976 of the Ordinances of the City of Pawtucket Establishing a Pay Plan for the City of Pawtucket for Local 1012 (Police/ CD Secretary) IS LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE |
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| ** | TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY, NO OTHER ACTION TAKEN. |
| | N. Communication from Mayor Donald R. Grebien to Stephen A. Vadnais, Executive Director, Pawtucket Housing Authority (Appointment of Reinaldo Nieves and Raymond Gannon as Commissioners to the Pawtucket Housing Authority) is READ AND ORDERED FILED. |
THE CHAIR RECOGNIZES COUNCILOR TETREAULT.
With majority consent of the Council, the following motion made by Councilor Tetreault, seconded by Councilor Barry, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Mayor Donald R. Grebien, asking for clarification regarding the terms of office for the two new appointments to the Pawtucket Housing Authority.
| | S. Communication from Michael P. Lewis, Director, Department of Transportation, to Richard J. Goldstein, MMC, City Clerk (Division Street Bridge) 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 Councilor Barry, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Michael Lewis, Director, RI Department of Transportation, thanking him for his letter regarding repairs to the Division Street Bridge and asking that he not forget needed repairs to the remainder of the detour route, as well.
| | T. Communication from Michael F. Horan, Esq., to the Pawtucket City Council (Petition of Apex Development Company, LLC and Forest, LLC for Amendment of Revised Ordinances of the City of Pawtucket (Zoning Ordinance) and City of Pawtucket Official Zoning Maps – Commercial Mixed Use Overlay District) is READ AND ORDERED FILED AND REFERRED TO THE ORDINANCE COMMITTEE. |
THE CHAIR RECOGNIZES COUNCILOR HODGE.
Upon motion made by Councilor Hodge, seconded by Councilor Barry, a PUBLIC HEARING IS SET FOR JUNE 6, 2012, regarding the above entitled matter, on a unanimous voice vote.
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
With majority consent of the Council, the following motion made by Councilor Wildenhain, seconded by Councilors Chadwick and Vitali, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Paul King, Chief of Police, requesting that over the next few weeks, he have officers closely monitor the areas around the Potter Burns School and St. Cecilia School at drop-off and pick-up times to check for illegal parking. When the monitoring is complete, the council would like a report on the number of violations found at these locations.
THE ELECTION OF MUNICIPAL COURT JUDGE, TERM EXPIRES FEBRUARY, 2015 (To fill the unexpired term of Judge John F. McBurney, III), IS TAKEN UP AT THIS TIME:
THE CHAIR RECOGNIZES COUNCILOR BARRY.
Upon motion made by Councilor Barry, seconded by the Entire City Council, the name of Donna Nesselbush is placed in nomination to serve as the Municipal Court Judge.
THE CHAIR RECOGNIZES COUNCILOR BARRY
Upon motion made by Councilor Barry, seconded by Councilors Hodge and Vitali, the nominations for Municipal Court Judge are closed, on a unanimous voice vote.
AYES – President Moran, Councilors Barros, Barry, Chadwick, Hodge, Tetreault, Vitali and Wildenhain.
NOES - 0.
THE FOLLOWING RESOLUTION, WHICH WAS INTRODUCED AND LAID ON THE TABLE AT THE MEETING HELD APRIL 19, 2012, IS AGAIN TAKEN UP AND IS READ AN PASSED 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 CHADWICK.
With majority consent of the Council, the following motion made by Councilor Chadwick, 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 that appropriate crosswalks and signage be placed on Barton Street in the vicinity of International Club & Billar, 327 Barton Street.
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, 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 ORDINANCE IS TAKEN UP:
AN ORDINANCE IN AMENDMENT OF CHAPTER 2971 OF THE ORDINANCES OF THE CITY OF PAWTUCKET REGARDING THE USE OF FUND MONEY FOR DEFICIT REDUCTION IN FISCAL YEAR 2011 (Cemetery Fund)
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
Upon motion made by Councilor Wildenhain, seconded by Councilor Vitali, the following ordinance is LAID ON THE TABLE on a unanimous voice vote:
AN ORDINANCE IN AMENDMENT OF CHAPTER 2971 OF THE ORDINANCES OF THE CITY OF PAWTUCKET REGARDING THE USE OF FUND MONEY FOR DEFICIT REDUCTION IN FISCAL YEAR 2011 (Cemetery Fund)
THE FOLLOWING ORDINANCE RETURNED BY THE REDISTRICTING COMMITTEE IS TAKEN UP:
AN ORDINANCE REDISTRICTING THE COUNCILMANIC DISTRICTS IN THE CITY OF PAWTUCKET.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, Councilor Hodge introduces the following amendment:
Amend the following:
SECTION 1. For the purpose of having a more equal distribution of its population in each of the six (6) councilmanic districts, commencing on the first Monday in January, 2013 June 1, 2012, the city council districts in the city of Pawtucket shall be redistricted, as follows:…
Upon motion made by Councilor Hodge, seconded by Councilor Barry, the following amendment is APPROVED on a roll call vote, as follows:
AYES – President Moran, Councilors Barros, Barry, Chadwick, Hodge, Tetreault, Vitali and Wildenhain.
NOES – 0.
SECTION 1. For the purpose of having a more equal distribution of its population in each of the six (6) councilmanic districts, commencing on the first Monday in January, 2013 June 1, 2012, the city council districts in the city of Pawtucket shall be redistricted, as follows:…
UPON RECOMMENDATION OF THE REDISTRICTING COMMITTEE, THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME, AS AMENDED, AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Moran, Councilors Barros, Barry, Chadwick, Hodge, Tetreault, Vitali and Wildenhain.
NOES – 0.
AN ORDINANCE REDISTRICTING THE COUNCILMANIC DISTRICTS IN THE CITY OF PAWTUCKET, AS AMENDED.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, the following motion made by Councilor Hodge, seconded by Councilors Barros and Barry, is PASSED on a majority voice vote:
Councilor Chadwick votes no.
The Clerk is instructed to send a communication to Mayor Donald R. Grebien, requesting that for public safety reasons he reconsider removing Engine 4 from service.
THE FOLLOWING PETITION FOR LICENSE WHICH WAS LAID ON THE TABLE AT THE MEETINGS HELD JANUARY 11, JANUARY 25, FEBRUARY 22, MARCH 7, 2012 IS AGAIN TAKEN UP AND IS APPROVED ON A UNANIMOUS VOICE VOTE:
VICTUALLING HOUSE 1st Class New –
International Club & Billar d/b/a International Club & Billar, 327 Barton Street, LIC#7795
THE FOLLOWING LICENSE, WHICH WAS LAID ON THE TABLE AT THE MEETING HELD APRIL 11, 2012, IS AGAIN LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
AUTOMOBILE REPAIR SHOP AND SECOND HAND SHOP LICENSES (CLASS A & B) (Selling used automobiles and parts) (Renewals)
RZG Inc., d/b/a Tiki’s Auto Sales, 66 Hilton St. LIC#4887 #4891
RZG Inc., d/b/a Tiki’s Auto Sales Annex, 772 Main St. LIC#5071 #5091
THE FOLLOWING LICENSE, WHICH WAS LAID ON THE TABLE AT THE MEETING HELD APRIL 11, 2012, IS AGAIN TAKEN UP AND IS APPROVED ON A UNANIMOUS VOICE VOTE:
AUTO REPAIR SHOP ONLY (Renewal)
* Baptista, Tina d/b/a M & M Auto Repair, 3 Dix St. LIC#2437
*THE FOLLOWING PETITIONS FOR LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
ENTERTAINMENT –
Petition of Len’s Hot Dog Haven, Inc. to hold a Cruise Night at Daggett Farm, Slater Park, on Tuesday Nights from May – September, 5:00 p.m. until 8:00 p.m. LIC#8031
Petition of Memorial Hospital of Rhode Island for a license to conduct a Fundraiser at 172 Exchange Street, on Saturday, September 29, 2012, from 7:00 p.m. until 10:00 p.m. LIC#8056
HOLIDAY –
S and A Convenience Corp d/b/a Columbus Mini Mart, (Prev. Ram Convenience Inc) 232 Columbus Ave. LIC#8065
PEDDLER LICENSE New –
Curry, John S., 87 Rocco Avenue, Pawtucket, RI
DRIVER: Curry, John S., 87 Rocco Avenue
PEDDLE: Flower and Novelties
LOCATION: All of Pawtucket
PINBALL & AMUSEMENT DEVICES New -
Albuquerque, Jose d/b/a Boulevard Banquet Hall, 510 Armistice Blvd. (2) LIC#8047
POOL TABLE New –
Albuquerque, Jose d/b/a Boulevard Banquet Hall, 510 Armistice Blvd. (1) LIC#8047
VICTUALLING HOUSE 1st Class –
S and A Convenience Corp d/b/a Columbus Mini Mart, (Prev. Ram Convenience Inc) 232 Columbus Ave. LIC#8066
AUTOMOBILE REPAIR SHOP AND SECOND HAND SHOP LICENSES (CLASS A & B) (Selling used automobiles and parts) (Renewals)
Champion Collision and Sales Inc., d/b/a Champion Collision and Sales, 41 Congress St. LIC#2499 #2500
*Cisco’s Performance Center Inc., d/b/a Cisco’s Performance Auto Sales, 264 Weeden St. LIC#2407 #2408
*Dorman’s Auto Center Inc., d/b/a Dorman’s Auto Center, 434 Prospect St. LIC# 2404 #2405
STIPULATION PER ZONING 3/27/01
* Jimenez, Mario d/b/a Fonseca A/S, 263 Dexter St. LIC#2415 #2416
a. 9:00 a.m.-5:00 p.m. for auto repair – Monday-Friday
b. 9:00 a.m.-7:00 p.m. for auto sales-Monday-Friday
c. 10:00 a.m.-3:00 p.m. for auto sales-Saturdays – No auto repair
Lindbergh Auto Body, Inc., d/b/a Lindbergh Auto Sales, 58 Smithfield Ave. LIC#2396 #2397
Moe's Auto Sales and Service Inc., d/b/a Moe’s Auto Sales and Service, 19 Benefit St. LIC#2120 #2121
*Veiga, Mario d/b/a Mo Performance, 45 Sharon Ave. LIC#2249 #2250
AUTO REPAIR SHOP & SECOND HAND SHOP CLASS B (Parts Only) (Renewals)
Casey & Son’s Inc., d/b/a C J's Auto Service of Pawtucket, 556 Main St. LIC#2027 #2028
SECOND HAND SHOP ONLY (Class B – Used Parts)
Xiguin, Regino, d/b/a Mely Tires Shop, 840 Mineral Spring Ave. LIC#7641
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)
Monro Muffler Brake, Inc., d/b/a Speedy Auto Service by Monro, 1427 Newport Ave. LIC#2379
Thurber, Alvin L III d/b/a Al's Auto & Truck Repair, 68 Birch St. LIC#2177
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
* Landi, Nathaniel J d/b/a Lost Treasures, 655 Roosevelt Ave. LIC#2644
Thurber, George F d/b/a George’s Games and Music, 101 Main St. LIC#2648
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Corey Blyther, Jr., by David Bagus, Esq. – No Amount Specified
Alison MacLeod - $183.20
THE CHAIR RECOGNIZES COUNCILOR VITALI.
With majority consent of the Council, the following motion made by Councilor Vitali, seconded by Councilors Barry and Hodge, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Deborah Cylke, Superintendent of Schools, requesting that she provide the Council with an accounting of all the expenses paid with school department funds, including federal and grant funds, for the recent National School Boards Association’s Annual Conference in Boston.
Upon motion made by Councilor Hodge, seconded by Councilor Barry, the meeting is adjourned at 8:45 p.m.