City Council, February 16, 2010
A regular session of the Pawtucket City Council is held Tuesday, February 16, 2010 (rescheduled from Wednesday, February 10, 2010), at 7:25 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – President Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault and Vitali.
Absent – Councilor Wildenhain.
President Kinch presides.
THE COUNCIL RECESSES AT 7:25 P.M. TO CONDUCT A PUBLIC HEARING ON THE FOLLOWING:
AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ZONING” (Text and Official Zoning Maps)
THE COUNCIL RECONVENES AT 7:27 P.M.
UPON UNANIMOUS CONSENT OF THE COUNCIL, THE FOLLOWING IS TAKEN UP:
Ratification of the Contracts between the City of Pawtucket and RI Council 94, AFSCME, AFL-CIO, Local 3960 for the periods of July 1, 2008-June 30, 2009 and July 1, 2009-June 30, 2012.
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Kinch, Councilors Barros, Barry, Chadwick, Hodge, Tetreault and Vitali.
NOES – Councilor Moran.
The reading of the records of January 20, 2010 is dispensed with and the records are APPROVED as prepared by the Clerk.
Upon motion made by Councilor Moran, seconded by Councilor Chadwick, 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 Council President Henry S. Kinch, Jr. (July 1, 2008 Actuarial Valuation Police and Fire Pension Plan City Total OPEB Results) |
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| | B. Communication from Ronald L. Wunschel, Director of Finance, to Council President Henry S. Kinch, Jr., (Section 45-10-15 General Laws of the State of Rhode Island in Regards to Actuary Reports - Actuarial Valuation of July 1, 2008) |
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| | C. Communication from Ronald L. Wunschel, Director of Finance, to the Honorable Members of the Pawtucket City Council (Statement of Estimated, Realized and Unrealized Revenues for the Fiscal Period July 1, 2009 through December 31, 2009) |
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| | D. Communication from Ronald L. Wunschel, Director of Finance, to the City Council (FY09 Audit Management Letter – Response) |
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| | E. Communication from Mayor James E. Doyle to the Honorable School Committee Members (School Budget Reduction) |
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| | F. Communication from Richard J. Goldstein, CMC, City Clerk, to the Honorable Members of the Pawtucket City Council (State Budget) |
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| | G. Communication from Joseph Roque, Purchasing Agent, to the Pawtucket City Council (Emergency Purchase Authorizations – January 2010) |
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| | H. Communication from Jeannine S. Bourski, Deputy Finance Director, to Council President Henry S. Kinch, Jr. (Uniform Overtime FY10) |
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| | I. Communication from Arlene D. Petit, Jamestown Town Clerk, to City and Town Clerks (Opposition to Proposed Amendments to the Madeline Walker Bill) |
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| | J. Communication from Pauline S. Payeur, Woonsocket City Clerk, to City and Town Clerks (Resolution Requiring Minimum Beneficiary Contribution to Cost Sharing as it Relates to Public Employee Healthcare Benefits) |
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| | M. Communication from John E. Carney, Director of Public Works, to the Pawtucket City Council (Response – Potholes on Gardner and Dickens Streets and Roosevelt Avenue near Super Dragon Restaurant) |
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| | N. Communication from Angel S. Garcia, Director of Personnel, to the Honorable Members of the Pawtucket City Council. (Personnel Board Approval of Local 3960’s Tentative Agreement - Periods of July 1, 2008-June 30, 2009 and July 1, 2009-June 30, 2012) |
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| | O. Communication from Angel S. Garcia, Director of Personnel, to the Honorable Members of the Pawtucket City Council. (Amendment of Pay Plan Chapter 2815 – Delete: Senior Computer Systems Programmer & Police Computer Operations Specialist and Add: Chief Computer Systems Programmer and Police Manager of Information Systems) |
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| | P. An Ordinance in Amendment of Chapter 2815 of the Ordinances of the City of Pawtucket Establishing a Pay Plan for the City of Pawtucket (Delete the Position of Senior Computer Systems Programmer; Create Position of Chief Computer Systems Programmer; Delete the Position of Police Computer Operations Specialist; Create the Position of Police Manager of Information Systems) is LAID ON THE TABLE and REFERRED TO THE FINANCE COMMITTEE |
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| | Q. Communication from James D. Marques, CMC, North Kingstown Town Clerk, to Cities and Town Clerks (Resolution Regarding Donation to the Rhode Island National Guard Living Memorial) is READ AND ORDERED FILED and REFERRED TO THE FINANCE COMMITTEE |
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| | R. Communication from Jeannine S. Bourski, Deputy Finance Director, to Pawtucket City Council (FY10 Equipment Lease Request) |
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| | S. Resolution Approving the Funding of the 2 Year Master Lease/Purchase Program with Municipal Leasing Consultants is READ AND ORDERED FILED and REFERRED TO THE FINANCE COMMITTEE. |
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| | T. Resolution Authorizing the Execution and Delivery of an Equipment Lease/Purchase Agreement and Related Instruments, Funding of the FY2010 Lease/Purchase Equipment List Plus Related Expenses is READ AND ORDERED FILED and REFERRED TO THE FINANCE COMMITTEE. |
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, the following motion made by Councilor Hodge, seconded by Councilor Barry, is PASSED on unanimous voice vote:
The clerk is instructed to send a communication to Kazem Farhoumand, PE, Chief engineer, RI Department of Transportation, regarding the repairs being done to the Pawtucket cross road bridges. Councilor Hodge is asking if there was a condition that precipitated these repairs that the Council was not made aware of.
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 unanimous voice vote:
The clerk is instructed to send a communication to the Pawtucket general assembly delegation regarding the status of the bill Representative Coderre introduced last year, 2009-H6054 requesting that a portion of the fines collected by the violations of tractor trailer trucks using the Pawtucket Bridge be forward to the City of Pawtucket to repair the roads that are on the detour route.
THE CHAIR RECOGNIZES COUNCILOR VITALI.
With majority consent of the Council, the following motion made by Councilor Vitali, seconded by Councilor Moran, is PASSED on unanimous voice vote:
The clerk is instructed to send a communication to Michael Lewis, Director, RIDOT, requesting a report on how much money has been collected in fines by the State Police in total for violations of the Rte. 95 Bridge Detour in Pawtucket over the past two years.
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 unanimous voice vote:
The clerk is instructed to send a communication to Buddy Croft, Executive Director, RI Turnpike and Bridge Authority, regarding the feasibility of creating a Pay-Pass system for tractor-trailer trucks that use the Division Street Bridge in Pawtucket. This is to be used as a source of revenue for making the repairs on the detour route in the City of Pawtucket caused by the weight restrictions on the Rte. 95 Bridge.
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 unanimous voice vote:
The clerk is instructed to send a communication to Michael Lewis, director, RIDOT, regarding the detour route for the Rte. 95 Bridge, in Pawtucket. Councilor Barry is concerned with the damage being done to the curbing and storm drain at the Prospect Street and Vernon Street intersection as a result of the tractor trailer traffic. He is further concerned with the worsening of water collection at the bottom of the School Street exit due to the increase of traffic in this area. With the cold weather this has become a hazardous situation.
Councilor Barry also heard that the State of Rhode Island is asking Pawtucket Police to tag vehicles for going straight up the hill onto Vernon Street from the School Street exit. The Council is asking if the School Street exit could be left turn only during peak hours of 7:00 a.m. – 9:00 a.m. and 4:00 p.m. - 6:00 p.m. and to allow traffic to travel up Vernon Street during non-peak hours.
COUNCIL BARRY LEAVES THE CHAMBERS AT 7:45 P.M.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, the following motion made by Councilor Moran, seconded by Councilor Tetreault, is PASSED on unanimous voice vote:
The clerk is instructed to send a communication to Margaret M. Lynch-Gadaleta, City Solicitor, regarding the communication from Ronald F. Travers, Director of Zoning and Code Enforcement, requesting that she review the letter and make a recommendation on Amtrak Noise.
THE CHAIR RECOGNIZES COUNCILOR VITALI.
With majority consent of the Council, Councilor Vitali introduces the following resolution:
RESOLUTION DEDICATING THE NEW ANIMAL SHELTER IN SLATER MEMORIAL PARK AS: “THE PAUL J. WILDENHAIN ANIMAL SHELTER”
Upon motion made by Councilor Vitali, seconded by the entire City Council, the following resolution is LAID ON THE TABLE and REFERRED TO THE CITY PROPERTY COMMITTEE:
RESOLUTION DEDICATING THE NEW ANIMAL SHELTER IN SLATER MEMORIAL PARK AS: “THE PAUL J. WILDENHAIN ANIMAL SHELTER”
Petition for Auto Repair and Second Hand Shop Licenses (Class B – Selling Used Parts) by Cesar Montes d/b/a Grand Avenue Garage, 433 Broadway, (transfer of location from 274 Broadway) Tax Assessor’s Plat 20, Lot 615, to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically: used parts, LIC#5235 #5451 which was advertised for a hearing at this time, is taken up:
Speaking in favor is the applicant, Cesar Montes, 115 Johnson Street, Pawtucket, RI
Mr. Montes states that he is moving the location, but will have the same hours.
There are no other speakers.
The hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR VITALI.
Upon motion made by Councilor Vitali, seconded by Councilor Chadwick, the following license is APPROVED on a unanimous voice vote:
Petition for Auto Repair and Second Hand Shop Licenses (Class B – Selling Used Parts) by Cesar Montes d/b/a Grand Avenue Garage, 433 Broadway, (transfer of location from 274 Broadway) Tax Assessor’s Plat 20, Lot 615, to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically: used parts, LIC#5235 #5451
COUNCILOR BARRY RETURNS TO THE CHAMBERS AT 7:52 P.M.
Communication from His Honor, Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council, submitting the following reappointment as a member of the Historic District Commission, FOR CONFIRMATION:
HISTORIC DISTRICT 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 Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
HISTORIC DISTRICT COMMISSION
Frederick R. Love, 25 Belmont Street, Pawtucket, RI 02860, term expires the first Monday in February, 2013.
Communication from His Honor, Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council, submitting the following reappointment as a member of the Historic District Commission, FOR CONFIRMATION:
HISTORIC DISTRICT 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 Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
HISTORIC DISTRICT COMMISSION
Ashley C. Prester, 46 Fuller Street, Pawtucket, RI 02861, term expires the first Monday in February, 2013.
Communication from His Honor, Mayor James E. Doyle, to the Honorable Members of the Pawtucket City Council, submitting the following reappointment as a member of the Historic District Commission, FOR CONFIRMATION:
HISTORIC DISTRICT 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 Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
HISTORIC DISTRICT COMMISSION
Jason C. Bacon, 143 Parkside Avenue, Pawtucket, RI 02861, term expires the first Monday in February, 2013.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
THE CHAIR RECOGNIZES COUNCILOR BARRY.
With majority consent of the Council, Councilor Barry introduces the following communication:
Upon motion made by Councilor Barry, seconded by Councilor Vitali, the following communication is READ AND ORDERED FILED.
Communication from Mayor James E. Doyle to the Honorable Members of the Pawtucket City Council (Governor Carcieri’s Proposal to Withhold the 3rd and 4th Quarter Auto Reimbursement Payments)
THE CHAIR RECOGNIZES COUNCILOR BARRY.
With majority consent of the Council, Councilor Barry introduces the following communication:
Upon motion made by Councilor Barry, seconded by Councilor Vitali, the following communication is READ AND ORDERED FILED.
Communication from Mayor James E. Doyle to the Honorable Members of the Pawtucket City Council (Governor Carcieri’s Release of the 3rd Quarter Auto Reimbursement Payments)
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
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 Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault and Vitali.
NOES - 0.
AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ZONING” (Text and Official Zoning Maps)
*THE FOLLOWING PETITIONS FOR LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
ENTERTAINMENT –
Petition of Cape Verdean American Community Development to conduct a Cultural Show - Carnival, at 120 High Street, on Saturday, February 13, 2010, from 9:00 p.m. to 1:00 a.m., LIC#5506
Petition of Saint Raphael Academy to conduct a Fund Raiser – Comedian Dave Kane - at 123 Walcott Street, on Saturday, April 10, 2010, from 7:00 p.m. to 10:00 p.m. LIC#5509
PEDDLER – Renewals
Frank, William d/b/a Candi Plus, 53 Lafayette Street, Pawtucket, RI LIC#4910
| DRIVERS: | William Frank, 53 Lafayette Street, Pawtucket, RI |
| TO PEDDLE: | Balloons & Novelties |
| LOCATION: | All of Pawtucket |
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 |
Palagi’s 2000, Inc. d/b/a Palagi’s Ice Cream, 55 Bacon St., LIC#4918
| DRIVER: | Alejandro Arteaga, 237 Suffolk Ave., Pawtucket, RI |
| PEDDLE: | Ice Cream |
| LOCATION: | All of Pawtucket |
POOL TABLE - Renewals
Greek Island Inc. d/b/a George’s Neighborhood Grill & Bar, 109 Newport Ave. (2) Weekdays & Sundays LIC#3141
Maugus Corporation d/b/a The Ground Round, 2 George St. (1) Weekdays & Sundays LIC#5472
Triple P Inc., d/b/a Triple P, 435 York Ave. (1) Weekdays & Sundays LIC#5066
TATTOO – Renewal
Edge Tattoo Studio LLC d/b/a Imortal Images, 1518 Newport Ave. LIC#4911
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Tracy Braz - $504.39-$1,283.08
Cadance Corp. - $402.86-$449.40
Derrick Cardin - $2,362.62- $3,550.00
Kelly Lopez - $160.00-$167.43
Christelle Viola - $752.95-$987.50
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, Councilor Moran introduces the following communication:
Communication from Mayor James E. Doyle to the Honorable Members of the Pawtucket City Council (Naming the Exchange Street Bridge over the Blackstone River “The Morris Nathanson Bridge”)
Upon motion made by Councilor Moran, seconded by Councilor Barry, the following communication is READ AND ORDERED FILED and REFERRED TO THE CITY PROPERTY COMMITTEE.
Communication from Mayor James E. Doyle to the Honorable Members of the Pawtucket City Council (Naming the Exchange Street Bridge over the Blackstone River “The Morris Nathanson Bridge”)
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 Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault and Vitali.
NOES – 0.
Shawn Ball - $91.99
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 Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault and Vitali.
NOES – 0.
Ann Hogan by MetLife Auto & Home - $1,606.38
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 Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault and Vitali.
NOES – 0.
Richard Williams - $1,281.18
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 Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault and Vitali.
NOES – 0.
Kamil Doumato - $1,706.89
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 Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault and Vitali.
NOES – 0.
Theresa Williams –$2,472.59
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS DENIED ON A UNANIMOUS VOICE VOTE:
David Soscia - $78.94
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:
Phillip Thomas by John Calvino, Esq. – No Amount Specified
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:
William Jackson - $174.19-$180.00
Claire and Sylvio LeClerc - $206.23
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS REFERRED THE PAWTUCKET SCHOOL DEPARTMENT ON A UNANIMOUS VOICE VOTE:
Jeremy Almeida and Ludi Almeida by Albin S. Moser – 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 NATIONAL GRID ON A UNANIMOUS VOICE VOTE:
Karen Julian - $1,231.95-$1,505.58
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 REDEVELOPMENT AGENCY ON A UNANIMOUS VOICE VOTE:
Bienvenida Reyes by Michael Pisaturo, Esq. - $89,539.61
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 John E. Carney, Director of Public Works, requesting that the public works department inspect the urinals in the men’s room, located over the Mayor’s office between second and third floors and fix the cracks.
Upon motion made by Councilor Moran, seconded by Councilor Barry, the meeting is adjourned at 8:10 p.m.