May 20, 2009 - Regular City Council Session

City Council, May 20, 2009

A regular session of the Pawtucket City Council is held Wednesday, May 20, 2009, at 7:02 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.

Present – President Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault, Wildenhain and Vitali.

Absent – 0.

President Kinch presides.

The reading of the records of May 6, 2009 is dispensed with and the records are APPROVED as prepared by the Clerk.

Upon motion made by Councilor Hodge, seconded by Councilor Barry, the *Consent Agenda is APPROVED, on a unanimous voice vote.

*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:

624	A. Communication from Joseph Roque, Purchasing Agent, to the Pawtucket City Council (Emergency Purchase Authorizations – April 2009)

7	B. Communication from Rhode Island Clean Water Finance Agency to the City of Pawtucket (Various Forms and Statements)

634	C. Communication from Richard J. Goldstein, City Clerk, to the Honorable Members of the Pawtucket City Council (REAP Savings Report)

028	D. Communication from Brian Bierig, Rhode Islanders for Fair Elections, to Richard J. Goldstein, City Clerk (Optional System of Public Financing for all Rhode Island Elections)

028	F. Communication from Jodi P. LaCroix, CMC, Charlestown Town Clerk, to all Rhode Island Municipalities (Resolution Urging Support of U.S. Supreme Court Opinion on Carcieri v. Salazar)

028	G. Communication from Louise Phaneuf, Burrillville Town Clerk, to City and Town Clerks (Opposition of House Bill H5123 – An Act Relating to Property – Mortgage Foreclosure and Sale)

028	H. Communication from Amy Rose Weinreich, Charlestown Deputy Town Clerk, to City and Town Clerks (Opposition of House Bill H5123 – An Act Relating to Property – Mortgage Foreclosure and Sale)

611	I. Communication from Ronald L. Wunschel, Director of Finance, to Councilor Thomas Hodge (Response – School Building Bonds/$3 Million Bond Issue)

028	K. Communication from Thomas A. Mann, Jr., Executive Director, Pawtucket Foundation, to Henry S. Kinch, Jr., President, Pawtucket City Council (Response – Submitting Names for Ad Hoc Economic Development Committee)

630	L. Communication from David L. Quinn, II, Tax Assessor, to Henry S. Kinch, Jr., President, Pawtucket City Council (Response – Conversion Issues with Vision Appraisal)

614	M. Communication from John E. Carney, Director of Public Works, to Michelle R. Hardy, CMC, Deputy City Clerk (Response – Requesting a Small Parcel of Land for Memorial Garden)

	N. Communication from John J. Barry, III, 4^th District Councilor, to Henry S. Kinch, Jr., President, Pawtucket City Council (Dog Park) is READ AND ORDERED FILED and REFERRED TO THE CITY PROPERTY COMMITTEE

	O. Communication from Michael D. Cassidy, Director of Planning and Redevelopment, to Henry S. Kinch, Jr., President, Pawtucket City Council (Pawtucket Dog Park) is READ AND ORDERED FILED and REFERRED TO THE CITY PROPERTY COMMITTEE

THE CHAIR RECOGNIZES COUNCILOR HODGE.

Upon motion made by Councilor Hodge, seconded by Councilor Barry, the following communication is READ AND ORDERED FILED.

028 E. Communication from Councilwoman Helen Taylor, Ward 3, Warwick, to Mayor James E. Doyle (Resolution Ratifying School Department Teacher and Healthcare Contracts)

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 a unanimous voice vote:

The Clerk is instructed to prepare a resolution in support of legislation authorizing City and Town Councils to ratify school department union and healthcare contracts, for consideration by the City Council at the June 10, 2009 meeting.

THE CHAIR RECOGNIZES COUNCILOR CHADWICK.

Upon motion made by Councilor Chadwick, seconded by Councilor Wildenhain, the following communication is READ AND ORDERED FILED.

028 J. Communication from Sara R. Strachan, Administrator, Division of Motor Vehicles, to Richard J. Goldstein, City Clerk (Response – DMV’s Road Test Route)

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 Sara R. Strachan, Administrator, Division of Motor Vehicles, and Karen Felber, License Supervisor, Division of Motor Vehicles, thanking them both for their quick response on the DMV’s route change in the Dexter Court area.

THE COUNCIL RECESSES AT 7:05 P.M. TO CONDUCT A PUBLIC HEARING ON THE MUNICIPAL BUDGETS AND FOR A MEETING OF THE FINANCE COMMITTEE.

THE COUNCIL RECONVENES AT 8:00 P.M.

UPON UNANIMOUS CONSENT OF THE COUNCIL, THE COUNCIL TAKES UP THE FOLLOWING:

ANNUAL OPERATING BUDGET ORDINANCE FY 2009-2010

THE CHAIR RECOGNIZES COUNCILOR BARRY.

Upon motion made by Councilor Barry, seconded Councilor Hodge, the following ordinance is LAID ON THE TABLE:

ANNUAL OPERATING BUDGET ORDINANCE FY 2009-2010

UPON UNANIMOUS CONSENT OF THE COUNCIL, THE COUNCIL TAKES UP THE FOLLOWING:

CAPITAL BUDGET ORDINANCE FY 2009-2010

THE CHAIR RECOGNIZES COUNCILOR BARRY.

Upon motion made by Councilor Barry, seconded Councilor Hodge, the following ordinance is LAID ON THE TABLE:

CAPITAL BUDGET ORDINANCE FY 2009-2010

THE COUNCIL RECESSES AT 8:02 P.M. TO CONDUCT THE PUBLIC INPUT PERIOD AND TO MEET AS THE BOARD OF LICENSE COMMISSIONERS.

THE COUNCIL RECONVENES AT 9:07 P.M.

THE CHAIR RECOGNIZES COUNCILOR HODGE.

With majority consent of the Council, Councilor Hodge introduces the following communication:

613 Communication from Margaret M. Lynch-Gadaleta, Esq., City Solicitor, to Ernest Almonte, CPA, Auditor General, regarding a performance audit of the Pawtucket School Department.

Upon motion made by Councilor Hodge, seconded by Councilor Barry, the following communication is READ AND ORDERED FILED.

Communication from Margaret M. Lynch-Gadaleta, Esq., City Solicitor, to Ernest Almonte, CPA, Auditor General, regarding a performance audit of the Pawtucket School Department.

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 Riverfront Commission, FOR CONFIRMATION:

RIVERFRONT COMMISSION

589 John S. Baxter, 96 Brewster Street, Pawtucket, RI 02860, term expires the first Monday in June, 2012 is READ AND ORDERED FILED.

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, Vitali and Wildenhain.

NOES - 0.

John S. Baxter, 96 Brewster Street, Pawtucket, RI 02860, term expires the first Monday in June, 2012

RIVERFRONT COMMISSION

589 Robert Billington, 59 Branch Pike, Smithfield, RI 02828, term expires the first Monday in June, 2012 is READ AND ORDERED FILED.

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, Vitali and Wildenhain.

NOES - 0.

Robert Billington, 59 Branch Pike, Smithfield, RI 02828, term expires the first Monday in June, 2012

609 Communication from Doreen Alhamdouni, Supervisor, Engineering Support, National Grid Electric Company, to Pawtucket City Council, petition requesting the setting of GRID pole on George Bennett Hwy. is READ AND ORDERED FILED and APPROVED PENDING THE APPROVAL OF THE DIRECTOR OF ZONING AND CODE ENFORCEMENT

THE FINANCE COMMITTEE RETURNS THE FOLLOWING WITH THE RECOMMENDATION TO DENY:

Drawer 7 Reconsideration of the Collective Bargaining Agreements between the City of Pawtucket and Local 1012, AFSCME Council 94, for the period of July 1, 2006 to June 30, 2007 and for the period of July 1, 2007 to June 30, 2010.

Upon motion made by Councilor Moran, seconded by Councilor Barry, the motion to DENY the following is APPROVED on a roll call vote, as follows:

AYES – President Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault, Vitali and Wildenhain.

NOES - 0.

Reconsideration of the Collective Bargaining Agreements between the City of Pawtucket and Local 1012, AFSCME Council 94, for the period of July 1, 2006 to June 30, 2007 and for the period of July 1, 2007 to June 30, 2010.

UPON RECOMMENDATION OF THE CITY PROPERTY COMMITTEE, THE FOLLOWING RESOLUTION IS READ AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:

AYES – President Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault, Vitali and Wildenhain.

NOES - 0.

588 RESOLUTION AUTHORIZING THE CITY OF PAWTUCKET TO ENTER INTO A PURCHASE AND SALE AGREEMENT WITH BLACKSTONE VALLEY SPORTS, LLC, FOR THE TRANSFER OF OWNERSHIP OF THE DENNIS M. LYNCH ARENA, 25 ANDREW FERLAND WAY, PAWTUCKET, RHODE ISLAND.

UPON UNANIMOUS CONSENT OF THE COUNCIL, THE COUNCIL TAKES UP THE FOLLOWING LICENSE:

POOL TABLE - Renewal

Dancinbr Enterprises LLC d/b/a Ray’s Boulevard Tap, 572 Armistice Blvd. (1) Weekdays LIC#5064

THE FOLLOWING LICENSE, WHICH WAS LAID ON THE TABLE AT THE MEETINGS HELD FEBRUARY 11 AND 25, MARCH 11, AND MAY 6, 2009, IS AGAIN TAKEN UP AND IS DENIED ON A UNANIMOUS VOICE VOTE:

POOL TABLE - Renewals

Dancinbr Enterprises LLC d/b/a Ray’s Boulevard Tap, 572 Armistice Blvd. (1) Weekdays LIC#5064

COUNCIL PRESIDENT KINCH REQUESTS THAT JOHN E. CARNEY, DIRECTOR OF PUBLIC WORKS, ATTEND A PRE-COUNCIL MEETING ON JUNE 10, 2009, TO DISCUSS ROAD REPAIR PROJECTS IN THE CITY.

UPON RECOMMENDATION OF THE CITY PROPERTY COMMITTEE, THE FOLLOWING RESOLUTION IS READ AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:

AYES – President Kinch, Councilors Barry, Chadwick, Hodge, Moran, Tetreault, Vitali and Wildenhain.

NOES - 0.

ABSTAINS – Councilor Barros.

619 Councilor Barros abstains based on his statement he is involved with the property located at 242-244 Cottage Street

588 RESOLUTION OF THE CITY COUNCIL CONVEYING CITY PROPERTY LOCATED AT 242-244 COTTAGE STREET TO THE PAWTUCKET REDEVELOPMENT AGENCY

The following resolution is read and PASSED on a roll call vote, as follows:

AYES – President Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault, Vitali and Wildenhain.

NOES - 0.

588 RESOLUTION OF THE CITY OF PAWTUCKET APPROVING THE RENOVATION AND EQUIPPING OF PUBLIC SCHOOL BUILDINGS AND TO ISSUE NOT MORE THAN $6,000,000.00 BONDS THEREFOR

The following ordinance is read for the SECOND time and PASSED on a roll call vote, as follows:

AYES – President Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault, Vitali and Wildenhain.

NOES - 0.

330 AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET FOR UNIFORM MEMBERS OF THE FIRE DEPARTMENT, JULY 1, 2009-JUNE 30, 2012, AND REPEALING CHAPTER 2907 IN ITS ENTIRETY.

COUNCILOR WILDENHAIN LEAVES THE CHAMBERS AT 9:29 P.M.

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 108 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ALCOHOLIC BEVERAGES.” (CHANGES AND RESPONSIBILITY FOR OPERATION)

THE CHAIR RECOGNIZES COUNCILOR BARRY.

Upon motion made by Councilor Barry, seconded by Councilor Hodge, the following license is removed from the consent agenda on a unanimous voice vote:

Petition of Ministerio International Bethel to conduct a Preaching & Gospel (live music) service at 17 James Street, parking lot, on every Saturday from May thru September 2009, from 5:00 p.m. to 9:00 p.m. LIC#5122

THE CHAIR RECOGNIZES COUNCILOR BARRY.

Upon motion made by Councilor Barry, seconded by Councilor Hodge, the following license is LAID ON THE TABLE on a unanimous voice vote:

*THE FOLLOWING PETITIONS FOR LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:

AUTO REPAIR SHOP ONLY (Renewals)

International Auto Repair Inc., d/b/a International Auto Repair, 544 Smithfield Ave. LIC#2091

* Jeha, John d/b/a Jeha's Citgo, 76 Newport Ave. LIC#2092

1. Maintain 6 ft. stockade fence.

2. Inform City Council prior to doing any towing.

ENTERTAINMENT –

Petition of Power League Wrestling to hold wrestling matches at Jenks Jr. High School, 350 Division Street, on Sunday, May 31, 2009, from 6:00 p.m. to 8:00 p.m. LIC#5121

INTELLIGENCE OFFICE – Renewal

Additional Personnel Inc., d/b/a Add Temps, 17 Dexter St. LIC#3296

PAWN BROKER – Renewal

Fastcash Pawn & Checkcashers Incorporated, 824 Newport Ave. LIC#2647

PEDDLER LICENSE - Renewal

Palagi’s 2000, Inc. d/b/a Palagi’s Ice Cream, 55 Bacon St., LIC#4918

DRIVER: Zea, Luis Fernando, 237 Suffolk Ave, Pawtucket, RI

PEDDLE: Ice Cream

LOCATION: All of Pawtucket

SECOND HAND SHOP (Class C – Used Miscellaneous Merchandise) Renewal

J & M Mower Inc., d/b/a J & M Mower Sales and Service, 137 Newell Ave. LIC#2583

*THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:

Milagros Pena - $179.35

Upon motion made by Councilor Hodge, seconded by Councilor Barry, the meeting is adjourned at 9:31 p.m.