City Council, December 5, 2007
A regular session of the Pawtucket City Council is held Wednesday, December 5, 2007, at 7:33 p.m. in the Pawtucket Library Auditorium, 13 Summer Street, Pawtucket, RI.
Present – President Bray, Councilors Barry, Carr, Chadwick, Grebien, Hodge, Kinch, Moran and Wildenhain.
Absent – 0
President Bray presides.
The reading of the records of November 20, 2007 is dispensed with and the records are APPROVED as prepared by the Clerk.
THE COUNCIL TAKES UP THE FOLLOWING MATTER:
THE CHAIR RECOGNIZES COUNCILOR BARRY.
Upon unanimous consent of the Council, the Council enters into Executive Session at 7:35 p.m. pursuant to §42-46-4 and §42-46-5 (A)(2) of the General Laws of Rhode Island regarding pending litigations, on a roll call vote, as follows:
AYES – President Bray, Councilors Barry, Carr, Chadwick, Grebien, Hodge, Kinch, Moran and Wildenhain.
NOES - 0.
The Council returns to open session at 7:53 p.m. on a roll call vote, as follows:
AYES – President Bray, Councilors Barry, Carr, Chadwick, Grebien, Hodge, Kinch, Moran and Wildenhain.
NOES - 0.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
Upon motion made by Councilor Hodge, seconded by Councilor Barry, the minutes of the meeting held in executive session are sealed on a roll call vote, as follows:
AYES – President Bray, Councilors Barry, Carr, Chadwick, Grebien, Hodge, Kinch, Moran and Wildenhain.
NOES - 0.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
Upon motion made by Councilor Hodge, seconded by Councilor Barry, the Settlement – Northern Rhode Island Private Industry Council (C.A. No.: PC02-7096) is APPROVED on a roll call vote, as follows:
AYES – President Bray, Councilors Barry, Carr, Chadwick, Hodge, Kinch, Moran and Wildenhain.
NOES – Councilor Grebien.
THE COUNCIL RECESSES AT 7:57 P.M. TO CONDUCT A PUBLIC HEARING ON THE FOLLOWING:
THE COUNCIL RECONVENES AT 8:11 P.M.
Upon motion made by Councilor Barry, 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 Julie A. Coelho, Warren Town Clerk, to Richard J. Goldstein, City Clerk (Resolution in Support of Long Term Health Care for Veterans) |
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| | B. Communication from Richard J. Goldstein, City Clerk, to the Honorable Members of the Pawtucket City Council (REAP Savings Report) |
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| | C. Communication from Joseph T. Unsworth, P.E., Project Manager, Jacques Whitford Company, Inc., to the Pawtucket City Council (Notification of Environmental Investigation – Former Pawtucket Train Station) |
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| | D. Communication from Mayor James E. Doyle to the Honorable City Council Members (I-95 Pawtucket River Bridge) |
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| | E. Communication from Dr. Hans W. Dellith, Superintendent of Schools, to Peter McWalters, Commissioner, Rhode Island Department of Elementary and Secondary Education (Pawtucket School Department Budget) |
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| | G. Communication from Robert Benson, Chief financial Officer, PWSB, to the Members of the Pawtucket City Council (Equipment Finance Lease for the PWSB) |
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| | H. Resolution Authorizing the Chief Financial Officer of the PWSB and the City Finance Director to enter into a One Year Term Finance Lease Contract with Two Renewal Terms of One Year Each with Sovereign Bank is READ AND ORDERED FILED and REFERRED TO THE FINANCE COMMITTEE |
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| | I. Resolution Approving the Funding of PWSB Equipment through the Master Lease Purchase Contract with Sovereign Bank is READ AND ORDERED FILED and REFERRED TO THE FINANCE COMMITTEE |
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| | J. Resolution Authorizing the Execution and Delivery of an Equipment Lease/Purchase Agreement, and Related Instruments, Funding of the FY2008 PWSB Lease Purchase Equipment List Plus Related Expenses, and Determining Other Matters in Connection Therewith is READ AND ORDERED FILED and REFERRED TO THE FINANCE COMMITTEE |
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| | K. Communication from Ronald L. Wunschel, Director of Finance, to Mary E. Bray, President, Pawtucket City Council (Finance Lease/Elevator) |
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| | L. Resolution Authorizing the Director of Finance to Establish an Equipment Lease Receivable on the City's Balance Sheet for Approximately $65,000 for the Purchase/Installation of Pawtucket City Hall Elevator Modernization is READ AND ORDERED FILED and REFERRED TO THE FINANCE COMMITTEE |
THE CHAIR RECOGNIZES COUNCILOR GREBIEN.
Upon motion made by Councilor Grebien, seconded by Councilor Chadwick, the following communication is READ AND ORDERED FILED and REFERRED TO THE ENVIRONMENTAL COMMITTEE.
Communication from Allen R. Fitzpatrick, 67 Linden Street to the Pawtucket City Council (Protection of Trees at Slater Park)
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 Juvenile Hearing Board, FOR CONFIRMATION:
JUVENILE HEARING BOARD
The following nomination submitted by His Honor, Mayor James E. Doyle for confirmation is CONFIRMED on a roll call vote, as follows:
AYES – President Bray, Councilors Barry, Carr, Chadwick, Grebien, Hodge, Kinch, Moran and Wildenhain.
NOES - 0.
Jean Philippe Barros, 146 Lafayette Street, Pawtucket, RI 02860, term expires the first Monday in December, 2010.
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 City Planning Commission, FOR CONFIRMATION:
CITY PLANNING 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 Bray, Councilors Barry, Carr, Chadwick, Grebien, Hodge, Kinch, Moran and Wildenhain.
NOES - 0.
Carl I. Freedman, 17 Lowden Street, Pawtucket, RI 02860, term expires the first Monday in January, 2010. (To fill the unexpired term of Gerald Quinn).
THE CHAIR RECOGNIZES COUNCILOR GREBIEN.
With majority consent of the Council, Councilor Grebien introduces the following communication:
Upon motion made by Councilor Grebien, seconded by Councilor Kinch, the following communication is READ AND ORDERED FILED:
Communication from Robert Neill Jr., President, Local 4421 Pawtucket Firefighters, to Mary E. Bray, President, Pawtucket City Council, (New Assistant Chief’s Position)
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Bray, Councilors Barry, Carr, Chadwick, Grebien, Hodge, Kinch, Moran and Wildenhain.
NOES - 0.
THE CHAIR RECOGNIZES COUNCILOR BARRY.
With majority consent of the Council, Councilor Barry introduces the following communication:
Communication from Paul C. Mowrey, President, Preservation Society of Pawtucket, to Councilor John J. Barry, III, (Interstate 95 Detours – Division Street Bridge)
Upon motion made by Councilor Barry, seconded by Councilors Hodge and Grebien, the following communication is READ AND ORDERED FILED:
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING RESOLUTION IS READ AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Bray, Councilors Barry, Chadwick, Grebien, Hodge, Kinch, Moran and Wildenhain.
NOES – Councilor Carr.
THE CHAIR RECOGNIZES COUNCILOR KINCH.
With majority consent of the Council, Councilor Kinch introduces the following communication:
Communication from Mayor James E. Doyle to the Honorable City Council Members, (School Resource Officer)
Upon motion made by Councilor Kinch, seconded by Councilor Hodge, the following communication is READ AND ORDERED FILED:
THE CHAIR RECOGNIZES COUNCILOR GREBIEN.
With majority consent of the Council, the following motion made by Councilor Grebien, seconded by Councilor Hodge, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to John S. Baxter, Jr., Chairman, Pawtucket School Department and George L. Kelley, III, Chief of Police, asking about the financing of the School Resources Officers program, considering the difficult financial situation both the school department and the city are facing.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Bray, Councilors Barry, Carr, Chadwick, Grebien, Hodge, Kinch, Moran and Wildenhain.
NOES – 0.
THE CHAIR RECOGNIZES COUNCILOR KINCH.
With majority consent of the Council, the following motion made by Councilor Kinch, seconded by Councilor Hodge, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Harvey E. Goulet, Jr., Director of Administration, asking what the policy is for the use of city vehicles by city employees.
COUNCILOR GREBIEN LEAVES THE CHAMBERS AT 8:33 P.M.
COUNCILOR WILDENHAIN LEAVES THE CHAMBERS AT 8:35 P.M.
UPON RECOMMENDATION OF THE CITY PROPERTY COMMITTEE, THE FOLLOWING RESOLUTION IS READ AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Bray, Councilors Barry, Carr, Chadwick, Hodge, Kinch, and Moran.
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 unanimous voice vote:
The Clerk is instructed to send a communication to George L. Kelley, III, Chief of Police, requesting the results of the radar patrols on portions of Smithfield Avenue and Power Road.
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 unanimous voice vote:
The Clerk is instructed to send a communication to Michael Burns, Traffic Engineering Supervisor, requesting that a stop sign be installed on Dora Street, at the intersection of Grosvenor Avenue, due to speeding on the street.
THE CHAIR RECOGNIZES COUNCILOR CHADWICK.
With majority consent of the Council, the following motion made by Councilor Chadwick, seconded by Councilors Hodge and Barry, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to John E. Carney, Director of Public Works, asking why three trees on Dora Street and two on Terrace Avenue, which have been marked for removal for some time, have not yet been cut down.
THE CHAIR RECOGNIZES COUNCILOR CHADWICK.
Upon unanimous consent of the Council, Councilor Chadwick states for the record that had he been present at the meeting on November 20, 2007, he would have voted to deny the request to hire a new assistant fire chief, because of the cost.
The following ordinance is read for the second time and PASSED on a roll call vote, as follows:
AYES – President Bray, Councilors Barry, Carr, Chadwick, Hodge, Kinch and Moran.
NOES - 0.
THE FOLLOWING PETITION FOR LICENSE IS APPROVED ON A UNANIMOUS VOICE VOTE:
VICTUALLING HOUSE 1ST Class - New
**Cos, Inc., d/b/a Capital River Bar & Grill, 238 Middle St. LIC#4839
**Denotes stipulations placed on the liquor license.
*THE FOLLOWING PETITIONS FOR LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
ENTERTAINMENT
Petition of Tolman High School to conduct a High School Play at Tolman High School Auditorium, Exchange Street, on Friday, December 14 and Saturday, December 15, 2007, from 7:00 p.m. to 10:00 p.m. LIC#4867
VICTUALLING HOUSE First Class – New
Copious Holdings, LLC d/b/a/ Jac’s Wraps, (Prev. Rean Associates Inc., d/b/a Jac’s Wraps), 385 East Ave., LIC#4849
VICTUALLING HOUSE First Class – All Renewals
Banai Enterprises LLC d/b/a Subway Sandwiches, 287 Armistice Blvd. LIC#4064
Chois Management, Inc., d/b/a Quiznos Sub, 448 Newport Ave. LIC#4101
Desano Refreshments Inc., d/b/a Pawtucket Del’s, 446 Central Ave. LIC#3885
Halina Francisco, d/b/a Jarosz Delicatessen, 560 Armistice Blvd., LIC#5000
Yassin Eide d/b/a Broadway Market, 399 Broadway, LIC#3957
Chun Ying Goo d/b/a Li Lai Restaurant, 615 Central Ave. LIC#3798
KMN LLC d/b/a Papa John’s, 295 Armistice Blvd., LIC#4745
McCoy Market Inc., d/b/a McCoy Market, 171 South Bend St. LIC#3879
Mumammad Islam Rehman, d/b/a Sam’s Food Store, 151 Benefit St., LIC#4715
Rosa Mendez d/b/a Ozzie’s Family Restaurant, 29 Summer St. LIC#4772
Ming Garden Inc., d/b/a Ming Garden Chinese Restaurant, 295 Armistice Blvd. LIC#4078
Newport Ave Pizzaria Co., d/b/a Newport Avenue Pizza, 1100 Newport Ave. LIC#4004
Thrifty Store Inc., d/b/a J and L Superstores, 562 Broadway, LIC#3688
Tim Hortons New England Inc., d/b/a Tim Hortons New England, 1242 Newport Ave. LIC#4016
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Drew Johnson - $440.00-$499.15
Georgina Silva - $2,417.46
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED FOR PAYMENT ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Bray, Councilors Barry, Carr, Chadwick, Hodge, Kinch, and Moran.
NOES - 0.
Nancy Bradford - $312.67
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED FOR PAYMENT ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Bray, Councilors Barry, Carr, Chadwick, Hodge, Kinch, and Moran.
NOES - 0.
Rachel & Keith Doyon – Parents of Stephen Doyon - $964.83
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED FOR PAYMENT ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Bray, Councilors Barry, Carr, Chadwick, Hodge, Kinch, and Moran.
NOES - 0.
Lori Medeiros - $1,200.82
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED FOR PAYMENT ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Bray, Councilors Barry, Carr, Chadwick, Hodge, Kinch, and Moran.
NOES - 0.
Jonathan Segal - $2,822.66
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED FOR PAYMENT ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Bray, Councilors Barry, Carr, Chadwick, Hodge, Kinch, and Moran.
NOES - 0.
Melinda Chanez - $183.12
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED FOR PAYMENT ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Bray, Councilors Barry, Carr, Chadwick, Hodge, Kinch, and Moran.
NOES - 0.
Lynne Conaty by GMAC Insurance - $342.58
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED FOR PAYMENT ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Bray, Councilors Barry, Carr, Chadwick, Hodge, Kinch, and Moran.
NOES - 0.
Jose Goulart by the Patrons Group - $4,977.26
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE TAKEN UNDER ADVISEMENT AND REFERRED TO THE LEGAL DEPARTMENT ON A UNANIMOUS VOICE VOTE:
Geraldine Eliason by Jacqueline M. Bouchard, Esq. - $6,000.00
Tomasso’s Auto Center by EMC Insurance Companies - $18,654.49
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS LAID ON THE TABLE UNTIL THE NEXT MEETING OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, ON A UNANIMOUS VOICE VOTE:
Michael Aguiar - $1882.25-$2,684.42
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:
Antonio Andrade - $300.00
Upon motion made by Councilor Hodge, seconded by Councilors Chadwick, the meeting is adjourned at 8:44 p.m.