April 7, 2010 - Regular City Council Session

City Council, April 7, 2010

A regular session of the Pawtucket City Council is held Wednesday, April 7, 2010, at 7:38 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.

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

Absent – Councilor Chadwick.

President Kinch presides.

The reading of the records of March 24, 2010 is dispensed with and the records are APPROVED as prepared by the Clerk.

Upon motion made by Councilor Hodge, seconded by Councilor Moran, 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 – February 2010)

589	B. Communication from Mayor James E. Doyle to the Honorable Pawtucket City Council (Michael Pappas, Pawtucket Redevelopment Agency - Resignation)

028	C. Communication from Thomas A. Mann, Executive Director, Pawtucket Foundation, to Henry S. Kinch, Jr., President, Pawtucket City Council (Support of the City’s Planning Department and the Riverfront Commission in Opposition to Grant a Use Variance for a Carpet Restoration Business)

028	D. Resolutions from City of Cranston, to City and Town Clerks (Support of the Return of the America’s Cup Challenge to Newport – Support of a New Program Called “Blue Alert” Which Would Issue Information on Suspected Assailants Who Have Fled the Scene of a Crime Involving an Officer Who Has Been Killed or Injured)

028	E. Resolution from Kathleen Viera Beaudoin, Portsmouth Town Clerk to City and Town Clerks (Support of Rhode Island House Bill 7014-Bridge Safety)

028	F. Resolutions from Leigh Botello, East Greeenwich Town Clerk, to City and Town Clerks (Support of the Return of the America’s Cup Challenge to Newport -- Opposing Mandatory Binding Arbitration on Monetary Matters for Teachers)

590	G. Communication from Mayor James E. Doyle to the Honorable Pawtucket City Council (Support of Resolution Supporting Legislative Amendments To Protect Rhode Island’s Cities And Towns)

611	H. Communication from Jeannine S. Bourski, Deputy Finance Director, to Council President Henry S. Kinch, Jr. (Uniform Overtime FY’10)

7	I. Communication from Joseph A. Keough, Jr., Keough & Sweeney, LTD, to Michelle Hardy, CMC, Deputy City Clerk (Pawtucket Water Supply Board’s Rate Relief)

617	J. Communication from David A. Darlington, Chairman, Rhode Island Turnpike and Bridge Authority, to Richard J. Goldstein, CMC, City Clerk (Response – Pay-Pass System)

590	K. Communication from Mayor James E. Doyle to Henry S. Kinch, Jr., President, Pawtucket City Council (Support of Commuter Rail Resolution)

Petition for Auto Repair Shop and Second Hand Shop Licenses (Class B - used autos parts) by George’s Advanced Auto Care LLC d/b/a George’s Advanced Auto Care, 577 Smithfield Avenue, Tax Assessors Plat 47 Lot 691, to keep a shop for the purpose of repairing automobiles and purchasing and selling second hand articles, specifically used auto parts for said repair LIC#5553 & #5554, which was advertised for a hearing at this time, is taken up:

There are no speakers.

THE CHAIR RECOGNIZES COUNCILOR BARRY.

Upon motion made by Councilor Barry, seconded by Councilor Hodge, the following hearing and application for license is LAID ON THE TABLE, because the applicant is not present, on a unanimous voice vote:

590 Communication from Mayor James E. Doyle to Henry S. Kinch, Jr., President, Pawtucket City Council (Council Appointment to the Armory Building and Arts Community Committee) is READ AND ORDERED FILED.

THE ELECTION OF A COUNCIL MEMBER TO SERVE ON THE PURCHASING BOARD, term expires the first Monday in January 2011 (To fill the unexpired term of Councilor Paul J. Wildenhain), is taken up:

THE CHAIR RECOGNIZES COUNCILOR VITALI.

Upon motion made by Councilor Vitali, seconded by Councilor Moran, the name of Councilor Tetreault is placed in nomination as a Council Member to serve on the Purchasing Board.

THE CHAIR RECOGNIZES COUNCILOR VITALI.

Upon motion made by Councilor Vitali, seconded by Councilor Moran, the nominations are closed, on a unanimous voice vote.

Councilor Tetreault is ELECTED as the Council Member to serve on the Purchasing Board, term expires the first Monday in January 2011, (To fill the unexpired term of Councilor Paul J. Wildenhain), on a roll call vote, as follows:

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

NOES - 0.

589 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 Pension Board, FOR CONFIRMATION:

PENSION BOARD

Dennis E. Stark, 19 Kenilworth Way, Pawtucket, RI 02860, term expires the first Monday in January, 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, Hodge, Moran, Tetreault and Vitali.

NOES - 0.

PENSION BOARD

Dennis E. Stark, 19 Kenilworth Way, Pawtucket, RI 02860, term expires the first Monday in January, 2012.

589 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 Public Library Trustees, FOR CONFIRMATION:

PUBLIC LIBRARY TRUSTEES

Roger J. Peloquin, Jr., 39 Amherst Avenue, Pawtucket, RI 02860, term expires the first Monday in January, 2013 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, Hodge, Moran, Tetreault and Vitali.

NOES - 0.

PUBLIC LIBRARY TRUSTEES

Roger J. Peloquin, Jr., 39 Amherst Avenue, Pawtucket, RI 02860, term expires the first Monday in January, 2013.

The following matter is taken up:

School Committee v. Pawtucket City Council, et als. (C.A. No. PC09-6561) – Proposed Settlement

THE CHAIR RECOGNIZES COUNCILOR HODGE.

Upon motion made by Councilor Hodge, seconded by Councilor Moran, the follwing matter is LAID ON THE TABLE, on a unanimous voice vote:

School Committee v. Pawtucket City Council, et als. (C.A. No. PC09-6561) – Proposed Settlement

609 Communication from Mary C. Hanley, Manager – Right of Way, Verizon, to Richard J. Goldstein, CMC, City Clerk, requesting petition for proposed excavation on High Street @ Exchange Street, is READ AND ORDERED FILED and APPROVED PENDING THE APPROVAL OF THE DIRECTOR OF ZONING AND CODE ENFORCEMENT, on unanimous voice vote.

THE CHAIR RECOGNIZES COUNCILOR BARRY.

With majority consent of the Council, the following motion made by Councilor Barry, seconded by Councilor Vitali, is APPROVED on a unanimous voice vote:

The Clerk is instructed to send a communication to George L. Kelley, III, Chief of Police, requesting that Officer Brown take pictures of the corner of School Street and Rt 95 North at Vernon Street to show the damaged sidewalk and drain. The Police Department is asked to deliver these photos to the Department of Transportation and to the House Finance Committee.

THE FOLLOWING RESOLUTION, WHICH WAS LAID ON THE TABLE AT THE MEETING HELD MARCH 24, 2010, IS AGAIN TAKEN UP AND IS READ AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:

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

NOES - 0.

335 RESOLUTION IN SUPPORT OF BONDING LEGISLATION FOR FISCAL YEARS 2011 AND 2012.

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

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

NOES - 0.

588 RESOLUTION SUPPORTING LEGISLATIVE AMENDMENTS TO PROTECT RHODE ISLAND’S CITIES AND TOWNS

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

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

NOES - 0.

588 RESOLUTION PETITIONING THE RHODE ISLAND DEPARTMENT OF TRANSPORTATION AND THE DEPARTMENT OF ADMINISTRATION, DIVISION OF PLANNING, TO AMEND THE TRANSPORTATION 2030, RHODE ISLAND’S LONG RANGE TRANSPORTATION PLAN, AND PROMOTE REGIONAL COLLABORATION FOR TRANSPORTATION PROJECTS.

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

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

NOES - 0.

588 RESOLUTION APPROVING THE ENGAGEMENT OF HARDING LOEVNER INTERNATIONAL MONEY MANAGERS OF SOMERVILLE, NEW JERSEY AS THE NEW INTERNATIONAL MONEY MANAGER WITH FUNDS OF $2 MILLION.

WITH THE RECOMMENDATION OF APPROVAL BY THE FINANCE COMMITTEE, THE FOLLOWING RESOLUTION IS TAKEN UP:

RESOLUTION AUTHORIZING THE ABATEMENT OF TAXES ON MOTOR VEHICLES, REAL ESTATE AND TANGIBLE PERSONAL PROPERTY FOR JULY, AUGUST, SEPTEMBER, OCTOBER, NOVEMBER, AND DECEMBER 2009 IN THE SUM OF $439,212.63.

THE CHAIR RECOGNIZES COUNCILOR HODGE:

Without objection, at the request of Councilor Hodge, the following abatement is voted on separately:

214 Realty Associates

THE CHAIR RECOGNIZES COUNCILOR BARRY:

Upon motion made by Councilor Barry, seconded by Councilor Moran, the abatement for 214 Realty Associates is approved on a roll call vote, as follows:

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

NOES - 0.

ABSTAINS – Councilor Hodge

619 Councilor Hodge abstains based on his statement that that he is a fifty percent stockholder in 214 Realty Associates. (Report Filed)

THE CHAIR RECOGNIZES COUNCILOR BARROS:

Upon motion made by Councilor Barros, seconded by Councilor Hodge, the remainder of the following resolution is approved on a roll call vote, as follows:

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

NOES - 0.

619 **Councilor Barry abstains from voting on the abatement for 118-120 Division Street based on his statement that he is a fifty percent owner of 118-120 Division Street. (Report Filed)

033 RESOLUTION AUTHORIZING THE ABATEMENT OF TAXES ON MOTOR VEHICLES, REAL ESTATE AND TANGIBLE PERSONAL PROPERTY FOR JULY, AUGUST, SEPTEMBER, OCTOBER, NOVEMBER, AND DECEMBER 2009 IN THE SUM OF $439,212.63.

UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING AMENDMENT TO THE RESOLUTION ENTITLED “RESOLUTION AUTHORIZING THE ISSUANCE OF TAX ANTICIPATION NOTES” is approved on a roll call vote, as follows:

Change the following:

up to $3,000,000 $5,500,000

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

NOES – Councilor Barros.

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

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

NOES – Councilor Barros.

588 RESOLUTION AUTHORIZING THE ISSUANCE OF TAX ANTICIPATION NOTES, AS AMENDED.

UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE MOTION TO DENY THE FOLLOWING RESOLUTION IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:

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

NOES - 0.

023 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.

COUNCIL PRESIDENT KINCH STEPS DOWN AS CHAIR AT 8:14 P.M.

PRESIDENT PRO-TEMPORE HODGE PRESIDES.

THE CHAIR RECOGNIZES COUNCILOR BARRY.

With majority consent of the Council, the following motion made by Councilor Barry, seconded by Councilor Moran, is PASSED on a unanimous voice vote:

The Clerk is instructed to send a communication to Ronald F. Travers, Director of Zoning and Code Enforcement, regarding an application that is on the April 26, 2010 Zoning Board Docket by T Mobile Northeast LLC and Narragansett Electric to place a communication tower in or around Slater Park. The council is requesting a clarification on this application to ensure that it is not an attempt to do an end-run around the council’s ban on towers in the park.

UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE MOTION TO DENY THE FOLLOWING RESOLUTION IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:

AYES – President-Pro-Tempore Hodge, Councilors Barros, Barry, Kinch, Moran, Tetreault and Vitali.

NOES - 0.

023 RESOLUTION AUTHORIZING THE FUNDING OF THE 2 YEAR MASTER LEASE/PURCHASE PROGRAM WITH MUNICIPAL LEASING CONSULTANTS.

UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:

AYES – President-Pro-Tempore Hodge, Councilors Barros, Barry, Kinch, Moran, Tetreault and Vitali.

NOES - 0.

AN ORDINANCE ESTABLISHING AN AUTOMATED EXTERNAL DEFIBRILLATOR FUND

UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:

AYES – President Pro-Tempore Hodge, Councilors Barry, Kinch, Tetreault and Vitali.

NOES – Councilors Barros and Moran.

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 the position of Chief Computer Systems Programmer; Delete the position of Police Computer Operations Specialist; create the position of Police Manager of Information Systems)

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

ENTERTAINMENT –

Petition of Holy Family Church, to conduct a dance at 195 Walcott Street, on Saturday, May 1, 2010 from 7:00 p.m. to 12:30 a.m., LIC#5560

Petition of Traveling Theatre, to conduct an “Awards Gala” – Fundraiser at Pawtucket Armory, 172 Exchange Street, on Saturday, May 22, 2010, from 6:30 p.m. to 9:30 p.m. LIC#5594

Petition of Concerned Citizens Committee, to conduct an Antique Car Show at Slater Park on Tuesdays, April 12, 2010 through September 14, 2010, from 5:00 p.m. to 9:00 p.m., LIC#5599

HOLIDAY LICENSES – All Renewals

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

Armando & Son’s Meat Market Inc., d/b/a Armando & Son’s Meat Market, 265 Pine St. LIC#4834

Beauty Works Inc., d/b/a Beauty Works, 50 Ann Mary St. LIC#3249

Benz’s Friends Café LLC d/b/a Tim Hortons, 1242 Newport Ave. LIC#5408

Central Avenue Bakery Inc., d/b/a Central Avenue Bakery, 679 Central Ave. LIC#3253

Darlington Market Inc., d/b/a Darlington Market, 614 Central Ave. LIC#3216

DaSilva, Humberto P d/b/a Zaccagnini’s Pastry Shoppe, 546 Smithfield Ave. LIC#3260

Ebl Inc., d/b/a Eblens Clothing & Footwear, 295 Armistice Blvd. LIC#3246

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

619 ** Councilor Hodge abstains based on his statement that he has a business relationship with LJC Sales. (Report Filed)

Luna Pichardo LLC d/b/a Pepperoni’s, 392 Cottage St. LIC#3285

R.J.W. Enterprises Inc., d/b/a Dunkin Donuts, 337 Armistice Blvd. LIC#4816

Rose Bud Florist, Inc., d/b/a Rose Bud Florist, 386 Central Ave. LIC#3236

V & S Farms Inc., d/b/a Gulf Express, 694 Broadway, LIC#4859

Xavier, Manuel & Timas, Caetano d/b/a Lima Doce Grocery Store, 550 Weeden St. LIC#3250

PRIVATE DETECTIVE – Renewal

John H. LeClair d/b/a N.P.S., 255 Main St. LIC#4653

*THE FOLLOWING BOND IS APPROVED, SURETY NAMED IS ACCEPTED:

PRIVATE DETECTIVE -

John LeClair, surety, Great American Insurance Company

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

Kerri Brown by Allstate Insurance - $1,876.80

Alysha Gray - $93.00

Michelle Scully - $100.00-$105.95

Manuel Vaz - $674.44

PRESIDENT PRO-TEMPORE HODGE STEPS DOWN AS CHAIR AND LEAVES THE CHAMBER AT 8:30 P.M.

PRESIDENT KINCH PRESIDES.

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, Moran, Tetreault and Vitali.

NOES - 0.

Jose DaSilva - $1,168.87

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, Moran, Tetreault and Vitali.

NOES - 0.

Amicle Oeriol (passenger Joanne Gibbs) by Allstate Insurance - $707.00 on the contingent that a full and final release is received.

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, Moran, Tetreault and Vitali.

NOES - 0.

Anna Brand - $300.00

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, Moran, Tetreault and Vitali.

NOES - 0.

Scott Kell - $300.00

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, Moran, Tetreault and Vitali.

NOES - 0.

Michael Newman - $93.16

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, Moran, Tetreault and Vitali.

NOES - 0.

Daniela Maddestra - $300.00

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, Moran, Tetreault and Vitali.

NOES - 0.

Christy Skodras - $72.33 (3/2/10 Claim)

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, Moran, Tetreault and Vitali.

NOES - 0.

Ashley Titus - $300.00

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE DENIED ON A UNANIMOUS VOICE VOTE:

Jerome Daniels by Pelletier & Mirza LLP - $75,000.00

George Blais - $1,442.66

Christopher & Susan McDonald - $497.65

Christy Skodras - $98.91 (2/19/10 Claim)

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE DENIED – CLAIMANT TO CONTACT THE RHODE ISLAND DEPARTMENT OF TRANSPORTATION ON A UNANIMOUS VOICE VOTE:

Octavio Barbosa - $233.17-$649.49

Charles Down - $102.14

Dolores Soares - $452.51

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:

Claire & Sylvio LeClerc - $206.23

Upon motion made by Councilor Barry, seconded by Councilor Moran, the meeting is adjourned at 8:34 p.m.