City Council, March 21, 2012
A regular session of the Pawtucket City Council is held Wednesday, March 21, 2012, at 7:09 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present - President Moran, Councilors Barros, Barry, Chadwick, Hodge, O’Neill, Tetreault and Vitali.
Absent – Councilor Wildenhain.
President Moran presides.
The reading of the records of March 7, 2012 is dispensed with and the records are APPROVED as prepared by the Clerk.
Upon motion made by Councilor Hodge, seconded by Councilors Chadwick and Barros, 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 March 4-10 and 11-17, 2012) |
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| | B. Communication from Joanna L’Heureux, Finance Director, to the Honorable Members of the Pawtucket City Council. (Statement of Estimated, Realized, and Unrealized Revenues, for the fiscal period July 1, 2011 through February 29, 2012) Copy on file in the City Clerk’s Office |
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| ** | C. Communication from Richard J. Goldstein, MMC, City Clerk, to the Honorable Members of the Pawtucket City Council. (PUC’s Order regarding the hydrant charge) |
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| | D. Communication from Bethany L. Moura, Senator, District 19, to the Pawtucket City Council. (Requesting support for 2012-S 2371 and 2012-H 7746 regarding Foreclosure Deeds) |
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| | E. Communication from Donna L. Giordano, MMC, Westerly Town Clerk, to RI City and Town Clerks. (Resolution in opposition of 2012-H 7250 that mandates expired teacher contracts must continue) |
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| | F. Communication from Louise R. Phaneuf, Burrillville Town Clerk, to RI City and Town Clerks. (Resolution in support of 2012-H 7561 Regarding the Use of PO Boxes for Voter Registration) |
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| | G. Communication from Cheryl A. Fernstrom, CMC, Jamestown Town Clerk, to RI City and Town Clerks. (Resolution in support of Legislative Initiative to Amend RIGL §17-11-1 “An act Relating to Elections – Voting Districts and Officials) |
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| | H. Communication from MaryEllen Murano, Executive Assistant, South Kingstown School Department, to RI City and Town Clerks. (Resolution in Support of 2012-S 2158, H7272 & H7863 regarding Layoff Notification Date for Teacher Tenure) |
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| | I. Communication from Charles Abdelahad to Mayor Donald R. Grebien. (Resignation from the Purchasing Board) |
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| | J. Communication from Jeannine S. Bourski, Deputy Finance Director, to Mayor Donald R. Grebien. (Uniform Overtime FY12) |
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| ** | K. Communication from His Honor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council. (Appointment of Antonio J. Pires as Director of Administration in a permanent capacity) |
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| | L. Communication from Peter W. Osborn, Division Administrator, RI Division of the US Department of Transportation, Federal Highway Administration, to Richard J. Goldstein, MMC, City Clerk. (Response - Pawtucket Bridge #550 Structure) |
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| | M. Communication from Frank J. Milos, Jr., Esq., City Solicitor, to Councilor Mark Wildenhain. (Response – Contract Negotiations) |
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| | N. Communication from Frank J. Milos, Jr., Esq., City Solicitor, to Council President David P. Moran. (Agreement with the Pawtucket Armory Arts Center, LLC for use of space on September 8-9, 2012 for the “Arts Market Place: Pawtucket Arts and Crafts Show) is READ AND ORDERED FILED AND REFERRED TO THE CITY PROPERTY COMMITTEE. |
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| | O. Communication from Michael P. Davolio, AICP, Director, Planning & Redevelopment, to the Honorable Members of the Pawtucket City Council. (Request for Comprehensive Plan Amendment – Proposed Growth Center) is READ AND ORDERED FILED AND REFERRED TO THE ORDINANCE COMMITTEE. |
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| | P. Communication from Frank J. Milos, Jr., Esq., City Solicitor, to Council President David P. Moran. (Ordinance for Permitting of Alteration or Removal of Historic Cemeteries) |
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| | Q. An Ordinance in Amendment of Chapter 162 of the Code of Ordinances of the City of Pawtucket, 1996, entitled “Cemeteries” is READ AND ORDERED FILED AND REFERRED TO THE PUBLIC WORKS/CEMETERY COMMITTEE. |
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| | R. Communication from Braver, PC, to the Honorable Members of the Pawtucket City Council. (Audit Management Letter for the Fiscal Year ended June 30, 2011) is READ AND ORDERED FILED AND REFERRED TO THE FINANCE COMMITTEE. |
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| ** | S. Communication from Joanna L’Heureux, Finance Director, to the Pawtucket City Council. (Cemetery Perpetual Care Fund) |
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| | T. 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 is LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE. |
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| | U. Communication from Maria Xiarhos, Personnel Assistant, to the Honorable Members of the Pawtucket City Council. (Pay Plan Ordinance Amendment– NCIC Validation Clerk – Full Time to Part Time) |
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| | V. 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. (NCIC Validation Clerk) 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. |
THE FOLLOWING LICENSE, TAKEN OFF THE CONSENT AGENDA, IS TAKEN UP:
ENTERTAINMENT –
Petition of MVP Sports Pub and Restaurant LTD, 233 Newport Avenue, for license to have an acoustic band on Saturdays, March 24, 31, 2012 from 8:00 p.m. until 12:00 a.m., LIC#7950
THE CHAIR RECOGNIZES COUNCILOR O’NEILL.
Upon motion made by Councilor O’Neill, seconded by Councilors Barry and Barros, the following license is DENIED on a unanimous voice vote:
ENTERTAINMENT –
Petition of MVP Sports Pub and Restaurant LTD, 233 Newport Avenue, for license to have an acoustic band on Saturdays, March 24, 31, 2012 from 8:00 p.m. until 12:00 a.m., LIC#7950
Petition for Auto Repair Shop and Second Hand Shop Licenses (Class A & B – Selling Used Automobiles & Parts) by 435 West Avenue, LLC d/b/a Oxford Motorcar Sales, 435 West Avenue, Tax Assessor’s Plat 56, lot 701, to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically: used automobiles and parts, LIC#7909 #7910 which was advertised for a hearing at this time, is taken up:
STIPULATION PER ZONING BOARD 10/31/2011
Speaking on behalf of the applicant, 435 West Avenue LLC, is Michael F. Horan, Esq., 393 Armistice Boulevard, Pawtucket, RI.
Mr. Horan states that this will not be the usual repair shop. This facility will deal with classic, vintage cars, mostly from Britain.
The applicant has done this business successfully in Swansea and Bristol. There will be a limited number of cars on the lot at one time. They will put up a fence in response to the neighbors concerns. There will be no auto body work.
The next speaker is Jack Francisco, 32 Wade Street, Providence, RI.
Mr. Francisco asks if there will be any work done outside.
Councilor Barros states that there will be no work allowed outside.
The next speaker is Henry Tavares, 429 West Avenue, Pawtucket, RI.
Mr. Tavares lives next door to the property. He has had problems with past renters of this building. He hears cars coming onto this property on Sunday mornings at 6:00-7:00 a.m.
Mr. Tavares is concerned about foul-mouthed mechanics. He is worried about his kids when they are playing outside. He believes that the high end cars will bring trouble. He has seen 4-5 old Fords there overnight. There are very few police patrols in the area and he is concerned that kids will come into the neighborhood and damage the vintage cars and then damage other cars in the area.
There are no other speakers. The Public Hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR BARROS.
Upon motion made by Councilor Barros, seconded by Councilor O’Neill, the following license is APPROVED with the STIPULATIONS PER THE ZONING BOARD on a unanimous voice vote:
Petition for Auto Repair Shop and Second Hand Shop Licenses (Class A & B – Selling Used Automobiles & Parts) by 435 West Avenue, LLC d/b/a Oxford Motorcar Sales, 435 West Avenue, Tax Assessor’s Plat 56, lot 701, to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically: used automobiles and parts, LIC#7909 #7910
STIPULATIONS PER ZONING BOARD 10/31/2011
THE CHAIR RECOGNIZES COUNCILOR O’NEILL.
With majority consent of the Council, the following motion made by Councilor O’Neill, seconded by Councilor Barry, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Major Bruce Moreau, Pawtucket Police Department, requesting that the police set up traffic/radar patrols over the next several weeks all along Rhode Island Avenue, at various times of day based on complaints from constituents regarding speeding.
THE CHAIR RECOGNIZES COUNCILOR O’NEILL.
With majority consent of the Council, the following motion made by Councilor O’Neill, seconded by Councilor Vitali, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to David Strauss, President, and Telmo DaSilva, Vice President, Key Container Corporation to inform them that Councilors Vitali and O’Neill intend to hold a neighborhood meeting in April to discuss concerns that neighbors have expressed regarding their establishment, including trash and chimney emissions.
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 22, May 13, 27, June 10, 24, July 8, 15, 29, August 5, 19, September 2, 9, 16, 23, 2012, LIC# 7809, which was advertised for a hearing at this time, is taken up:
There are no speakers. The Public Hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR O’NEILL.
Upon motion made by Councilor O’Neill, seconded by Councilors Barry and Hodge, 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 22, May 13, 27, June 10, 24, July 8, 15, 29, August 5, 19, September 2, 9, 16, 23, 2012, LIC# 7809
Communication from His Honor Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council submitting the following appointment as a member of the Board of Appeals for confirmation.
BOARD OF APPEALS
The following nomination submitted by His Honor Mayor Donald R. Grebien, for confirmation is CONFIRMED on a roll call vote, as follows:
AYES – President Moran, Councilors Barros, Barry, Chadwick, Hodge, O’Neill, Tetreault and Vitali.
NOES - 0.
BOARD OF APPEALS
R. Thomas Magill, 39 Ruth Street, Pawtucket, RI 02861. Term expires the first Tuesday in January 2017
Communication from His Honor Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council submitting the following appointment as a member of the Purchasing Board for confirmation.
PURCHASING BOARD
The following nomination submitted by His Honor Mayor Donald R. Grebien, for confirmation is CONFIRMED on a roll call vote, as follows:
AYES – President Moran, Councilors Barros, Barry, Chadwick, Hodge, O’Neill, Tetreault and Vitali.
NOES - 0.
PURCHASING BOARD
Pablo J. Rodriguez-Masjoan, 559 Newport Avenue, Pawtucket, RI. Term expires the first Monday in January 2014. (To fill the unexpired term of Charles Abdelahad)
THE FOLLOWING COMMUNICATION IS TAKEN UP:
THE CHAIR RECOGNIZES COUNCILOR BARRY.
Upon motion made by Councilor Barry, seconded by Councilors Vitali, Barros, and Hodge, the communication is READ AND ORDERED FILED and the Council ACCEPTED THAT THE WORK BEING DONE AT THE WALNUT HILL CEMETERY WAS RESTORATION WORK, WHICH DID NOT REQUIRE A PERMIT FROM THE CITY COUNCIL, on a roll call vote, as follows:
AYES – President Moran, Councilors Barros, Barry, Chadwick, Hodge, O’Neill, Tetreault and Vitali.
NOES - 0.
THE CHAIR RECOGNIZES COUNCILOR VITALI.
With majority consent of the Council, the following motion made by Councilor Vitali, seconded by Councilors Hodge and O’Neill, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Mayor Donald R. Grebien requesting that he provide them with the purpose and responsibilities of the Ad Hoc Cemeteries Committee. The Council wants the members of the Committee to know exactly what their charge is, so that no one oversteps the bounds of the Committee.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Moran, Councilors Barros, Barry, Chadwick, Hodge, O’Neill, Tetreault and Vitali.
NOES - 0.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Moran, Councilors Barros, Barry, Chadwick, Hodge, O’Neill, Tetreault and Vitali.
NOES - 0.
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING RESOLUTION IS PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Moran, Councilors Barros, Barry, Chadwick, Hodge, O’Neill, Tetreault and Vitali.
NOES - 0.
THE CHAIR RECOGNIZES COUNCILOR BARRY.
With majority consent of the Council, Councilor Barry introduces the following resolution:
RESOLUTION IN SUPPORT OF BOND LEGISLATION FOR THE CITY OF PAWTUCKET FOR FISCAL YEARS 2013 AND 2014.
Upon motion made by Councilor Barry, seconded by Councilor O’Neill, the following resolution is LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE on a unanimous voice vote:
RESOLUTION IN SUPPORT OF BOND LEGISLATION FOR THE CITY OF PAWTUCKET FOR FISCAL YEARS 2013 AND 2014.
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING RESOLUTION IS LAID ON THE TABLE UNTIL THE CITY’S FISCAL YEAR 2013 ANNUAL OPERATING BUDGET IS CONSIDERED:
RESOLUTION AUTHORIZING THE CITY’S FINANCE DIRECTOR TO CONTRIBUTE THE ACTUARY’S RECOMMENDED CONTRIBUTION OF $11,391,000 INTO THE POLICE AND FIREFIGHTERS PENSION FUND IN FISCAL YEAR 2013.
UPON RECOMMENDATION OF THE PUBLIC WORKS/CEMETERY COMMITTEE AND THE CITY PROPERTY COMMITTEE, THE FOLLOWING RESOLUTION IS PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Moran, Councilors Barros, Barry, Chadwick, Hodge, O’Neill, Tetreault and Vitali.
NOES - 0.
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 majority voice vote:
Councilor Vitali votes no.
The Clerk is instructed to send a communication to the Ordinance Committee requesting that they look at amending the noise ordinance to deal with motorcycles.
The following ordinance is read for the SECOND time and PASSED on a roll call vote, as follows:
AYES – President Moran, Councilors Barros, Barry, Chadwick, Hodge, O’Neill, Tetreault and Vitali.
NOES - 0.
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 requesting a letter of commitment regarding the repairs to the Division Street Bridge that Mr. Lewis committed to make when he was at a meeting held at the Division Street Bridge with Governor Chafee, Mayor Grebien, Councilor Vitali and others.
THE CHAIR RECOGNIZES COUNCILOR VITALI.
With majority consent of the Council, the following motion made by Councilor Vitali, seconded by Councilor O’Neill, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Michael E. Burns, Traffic Engineering Supervisor, requesting that he look into and report to the council on the continued need for the “No Right Turn on Red” sign on Daggett Avenue, at the intersection of Central Avenue, so that the Council can make a determination on whether the sign is still needed or could be removed.
THE CHAIR RECOGNIZES COUNCILOR VITALI.
With majority consent of the Council, the following motion made by Councilor Vitali, seconded by Councilor O’Neill, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Mindy Montecalvo, Real Estate Representative, National Grid, requesting that National Grid clean-up their property along Parkview Drive. The Council is concerned with TV’s and other debris that has been dumped in the area behind Parkview Apartments, adjacent to the two trailer parks going down toward the Ten Mile River.
THE CHAIR RECOGNIZES COUNCILOR BARRY.
With majority consent of the Council, the following motion made by Councilor Barry, seconded by Councilor Chadwick, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to the Public Works/Cemeteries Committee, requesting that they meet with Lance Hill, Public Works Director, regarding the pick-up of mattresses throughout the city and the clean-up and maintenance of the George R. Bennett Highway.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, the following motion made by Councilor Hodge, seconded by Councilors Vitali and Chadwick, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Michael P. Davolio, Director, Planning & Redevelopment, requesting an update on the development by Amaral Revite Corporation of the former school administration building at 81 Park Place. The Council would like to know the status of the tax treaty, if there are any tenants there, if any taxes are owed, if there are any loans outstanding and any other pertinent information the planning department may have on this project.
THE CHAIR RECOGNIZES COUNCILOR BARRY.
With majority consent of the Council, the following motion made by Councilor Barry, on behalf of Council President Moran, seconded by Councilors Barros and Hodge, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Antonio Pires, Director of Administration, requesting a response from him or Chief Sisson to President Moran’s questions regarding a Hazardous Response Team (HRT) to handle any potential accidents caused by the construction of the Pawtucket Bridge 550 project.
THE CHAIR RECOGNIZES COUNCILOR BARRY.
With majority consent of the Council, the following motion made by Councilor Barry, on behalf of Council President Moran, seconded by Councilors Barros and Hodge, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Michael Lewis, requesting once again his thoughts on creating a Hazardous Response Team to handle any potential accidents caused by the construction of the Pawtucket Bridge 550 project. If not, the Council would like to know how any accidents would be handled.
*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 May 27, July 2, 3, & 7, and September 2, 2012, LIC#7810
KENNEL Renewal –
Ocean Dog Club LLC., d/b/a Ocean Dog Club, 245 Esten Ave. LIC#5487
HOLIDAY New -
M & R Convenience Inc., d/b/a M & R Convenience, 191 Pawtucket Ave. LIC#7931
HOLIDAY Renewal –
Amponsah, Isaac & Ama d/b/a Ama's Variety & Mini Mart, 957 Main St. LIC#3247
Apex At Home, LLC., d/b/a Apex, 100 Main St. LIC#3190
Cottage Street Donuts Inc., d/b/a Dunkin Donuts, 372 Cottage St. LIC#7712
Da Cruz, Rui Manuel d/b/a Cabo Verde Fish Market, 268 West Ave. LIC#5775
Dots, LLC, d/b/a Dots, 693 Beverage Hill Ave. LIC#3196
Eid, Ghasan M. d/b/a Town Food Mart, 885 Newport Ave. LIC#6798
Fairlawn Oil Service, Inc., d/b/a Woodlawn Mobil, 168 Lonsdale Ave. LIC#3283
L J C Sales, Inc., d/b/a A Little Bit of Everything, 340 Cottage St. LIC#4998
Ocean State Job Lot of Pawtucket, Inc., d/b/a Ocean State Job Lot #107, 470 Pawtucket Ave. LIC#3237
PRRC, Inc., d/b/a Price Rite, 465 Lonsdale Ave. LIC#3282
Qamar, Aqsa d/b/a Best Way Food Store, 823 Newport Ave. LIC#5979
R.J.W. Enterprises Inc., d/b/a Dunkin Donuts, 337 Armistice Blvd. LIC#4816
PEDDLER LICENSE – Renewal
Palagi’s 2000, Inc. d/b/a Palagi’s Ice Cream, 55 Bacon St., LIC#4918
DRIVER: Castrillon, Alberto, 19 Burke Street, Pawtucket, RI
DRIVER: Olarte, Gustavo, 11 Nora Way, South Attleboro, MA
DRIVER: Ruiz, Luis E, 5 Summer Street, Central Falls, RI
PEDDLE: Ice Cream
LOCATION: All of Pawtucket
VICTUALLING HOUSE First Class – Transfer
M & R Convenience Inc., d/b/a M & R Convenience, (transfer from Iqbal, Azhar d/b/a A & I Convenience Store) 191 Pawtucket Avenue, RI #7930
*THE FOLLOWING BOND IS APPROVED, SURETY NAMED IS ACCEPTED:
PRIVATE DETECTIVE –
Thomas J. Anter, Surety – Western Surety Company
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Francisco Avelar - $218.77
Judith Depointe – No Amount Specified
Margo Geoffroy - $235.84
Christopher O’Neill - $330.99
Diana Ramos - $280.28
Rui Tavares - $710.70-$755.21
Upon motion made by Councilor Hodge, seconded by Councilor Barry, the meeting is adjourned at 8:10 p.m.