December 7, 2011 - Regular City Council Session

City Council, December 7, 2011

A regular session of the Pawtucket City Council is held Tuesday, December 7, 2011, at 7:26 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.

Present - President Moran, Councilors Barros, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.

Absent – Councilor Barry.

President Moran presides.

THE COUNCIL RECESSES IMMEDIATELY TO CONDUCT A PUBLIC HEARING ON THE FOLLOWING:

RESOLUTION AUTHORIZING A FIVE YEAR AUTO EXCISE TAX STABILIZATION PLAN FOR RICHMOND MOTOR SALES INC AT 519 PAWTUCKET AVENUE (AP63 L717)

THE COUNCIL RECONVENES AT 7:47 P.M.

UPON UNANIMOUS CONSENT OF THE COUNCIL, THE FOLLOWING MATTER IS TAKEN UP AT THIS TIME:

RESOLUTION AUTHORIZING A FIVE YEAR AUTO EXCISE TAX STABILIZATION PLAN FOR RICHMOND MOTOR SALES INC AT 519 PAWTUCKET AVENUE (AP63 L717)

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

AYES – President Moran, Councilors Barros, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.

NOES - 0.

588 RESOLUTION AUTHORIZING A FIVE YEAR AUTO EXCISE TAX STABILIZATION PLAN FOR RICHMOND MOTOR SALES INC AT 519 PAWTUCKET AVENUE (AP63 L717)

The reading of the records of November 22, 2011, is dispensed with and the records are APPROVED as prepared by the Clerk.

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

*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:

028	A. Communication from Cheryl A. Fernstrom, CMC, Jamestown Town Clerk, to the Pawtucket City Council. (Resolution in support of amendment to RIGL 17-11-1 relating to Voting Districts)

617	B. Communication from Rhode Island Department of Transportation to the Pawtucket City Council (Pawtucket Bridge #550 Updates for November 20-26, 2011 and November 27 – December 3, 2011)

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

611	D. Communication from Jeannine S. Bourski, Deputy Finance Director, to Ronald L. Wunschel, Director of Finance. (Medical Fund Report – Revised)

611	F. Communication from Jeannine S. Bourski, Deputy Finance Director, to the Pawtucket City Council. (Monthly Report on Fire Department Line Item Requests)

611	G. Communication from Jeannine S. Bourski, Deputy Finance Director, to Ronald L. Wunschel, Director of Finance. (Uniform Overtime FY12)

625	H. Communication from Antonio J. Pires, Acting Director of Administration, to Richard J. Goldstein, MMC, City Clerk. (Response – Care of Parks)

592	I. Communication from Michael P. Davolio, AICP, Director, Planning & Redevelopment, to Richard J. Goldstein, MMC, City Clerk. (Response – Resident Notification for Neighborhood Projects)

	K. Communication from Michael P. Davolio, AICP, Director, Planning & Redevelopment, to Council President David P. Moran. (Temporary Easement Agreement with RI DEM at the Town Landing Site to undertake the Fish Passage Ladders) is READ AND ORDERED FILED and REFERRED TO THE CITY PROPERTY COMMITTEE.

630	L. Communication from David L. Quinn, II, Tax Assessor, to the Honorable Pawtucket City Council. (Abatement of Ten Years of Outstanding Tangible Tax Accounts - $649,923.21)

**	M. Resolution Authorizing the Director of Finance to Credit the Accounts Receivables as Abatement of Taxes in the Amount $649,923.21 Representing Ten Years of Uncollectable Tangible Taxes is READ AND ORDERED FILED and REFERRED TO THE FINANCE COMMITTEE.

611	N. Communication from Ronald L. Wunschel, Director of Finance, to the Pawtucket City Council. (FY12- Tax Anticipation Notes)

	O. Resolution Memorializing the General Assembly to Enact Legislation Authorizing the City of Pawtucket to Issue Tax Anticipation Notes Payable in Fiscal Year 2013 is READ AND ORDERED FILED and REFERRED TO THE FINANCE COMMITTEE.

611	P. Communication from Ronald L. Wunschel, Director of Finance to the Pawtucket City Council. (Waiver of Tax Interest for Motor Vehicle and Tangible Taxes)

	Q. An Ordinance in Amendment of Chapter 363 of the Code of Ordinances of the City of Pawtucket, 1996, entitled “Taxation” (Waiver of Tax Interest for Motor Vehicle and Tangible Taxes) is READ AND ORDERED FILED and REFERRED TO THE FINANCE COMMITTEE.

**	TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY, NO OTHER ACTION TAKEN.

061 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, 2011 through October 31, 2011) is READ AND ORDERED FILED.

THE CHAIR RECOGNIZES COUNCILOR TETREAULT.

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

The Clerk is instructed to send a communication to Jeannine S. Bourski, Deputy Finance Director, requesting that when the monthly status report is prepared, the expenses of the Special Economic Projects Coordinator be included in the Mayor’s Office budget, rather than the Planning Department’s Budget, as this person answers to the Mayor and not the Planning Director.

THE CHAIR RECOGNIZES COUNCILOR TETREAULT.

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

The Clerk is instructed to send a communication to Frank J. Milos, Jr., Esq., City Solicitor, requesting that he memorialize Mr. Kazarian’s temporary employment agreement in writing and have this temporary position certified by the Personnel Board, as per Sec. 7-102 (9) of the City Charter.

624 Communication from David Clemente, Purchasing Director, to the Pawtucket City Council. (Response –RFP for Rescue Services) is READ AND ORDERED FILED.

THE CHAIR RECOGNIZES COUNCILOR TETREAULT.

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

The Clerk is instructed to send a communication to David Clemente, Purchasing Director, requesting to know where Public Safety Solutions, Inc. is located and where the $48,850 for the performance audit on the fire department will come from.

The Council is further asking when this study will start and how long it will take. The Council would like Mr. Clemente to appear at the January 25, 2012 meeting to discuss the efficiency study.

THE FOLLOWING PETITION FOR LICENSE IS TAKEN UP:

Petition of MC’s Management LLP for a license to conduct a “You Only Live Once: Showcase” at 1005 Main Street, on New Year’s Eve, Saturday, December 31, 2011 from 10:00 p.m. until 3:00 a.m., LIC#7759

THE CHAIR RECOGNIZES COUNCILOR BARROS.

Upon motion made by Councilor Barros, seconded by Councilors Tetreault and O’Neill, the following license is APPROVED WITH THE FOLLOWING STIPULATIONS:

STIPULATIONS -

1. Must have Police & Fire Details.

2. No Alcohol served after 1:00 a.m.

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

AYES – President Moran, Councilors Barros, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.

NOES - 0.

588 RESOLUTION REGARDING CONSTRUCTION AND MAINTENANCE AGREEMENT FOR THE TEN MILE RIVER BIKE PATH PROJECT.

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

AYES – President Moran, Councilors Barros, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.

NOES - 0.

588 RESOLUTION REGARDING CONSTRUCTION AND MAINTENANCE AGREEMENT FOR HIGHWAY SAFETY IMPROVEMENTS TO MINERAL SPRING AVENUE FROM DORMAN AVENUE TO MAIN STREET.

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

AYES – President Moran, Councilors Barros, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.

NOES - 0.

588 RESOLUTION IN SUPPORT OF LEGISLATION TO AUTHORIZE THE CITY OF PAWTUCKET TO CLOSE ANY UNLICENSED TAVERN, VICTUALING HOUSE, COOKSHOP, OYSTER HOUSE, AND OYSTER CELLAR THAT DOES NOT HAVE THE PROPER LICENSING.

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

AYES – President Moran, Councilors Barros, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.

NOES - 0.

588 RESOLUTION IN SUPPORT OF LEGISLATION TO ALLOW THE PAWTUCKET CITY COUNCIL SITTING AS THE BOARD OF LICENSE COMMISSIONERS TO BE THE LICENSING AUTHORITY FOR ALL LICENSES CURRENTLY GRANTED BY THE CITY COUNCIL.

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

AYES – President Moran, Councilors Barros, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.

NOES - 0.

588 RESOLUTION CONGRATULATING THE COOLEY GROUP FOR BEING AWARDED THE “JOHN HAZEN WHITE, SR. COMMITMENT TO MANUFACTURING AWARD” FOR 2011.

THE CHAIR RECOGNIZES COUNCILOR O’NEILL.

With majority consent of the Council, Councilor O’Neill introduces the following communication:

7 Communication from James DeCelles, Chief Engineer, PWSB, to Richard J. Goldstein, MMC, City Clerk (Hydrant Fee Tariff Filing)

Upon motion made by Councilor O’Neill, seconded by Councilor Wildenhain, the following communication is READ AND ORDERED FILED:

Communication from James DeCelles, Chief Engineer, PWSB, to Richard J. Goldstein, MMC, City Clerk (Hydrant Fee Tariff Filing)

590 Communication from His Honor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council. (Pancreatic Cancer Action Network) is READ AND ORDERED FILED

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

AYES – President Moran, Councilors Barros, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.

NOES - 0.

588 RESOLUTION SUPPORTING THE EFFORTS OF THE PANCREATIC CANCER ACTION NETWORK AND ITS AFFILIATES IN PAWTUCKET.

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

AYES – President Moran, Councilors Barros, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.

NOES - 0.

330 AN ORDINANCE AMENDING CHAPTER 286 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “NOISE” (SNOW REMOVAL APPARATUS)

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

AYES – President Moran, Councilors Barros, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.

NOES - 0.

330 AN ORDINANCE IN AMENDMENT OF CHAPTER 2958 OF THE ORDNANCES OF THE CITY OF PAWTUCKET, RHODE ISLAND, AMENDING THE 2011 COMPREHENSIVE PLAN. (461 Main Street - Assessor’s Parcels 530627 and 530577)

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 Lance A. Hill, Director of Public Works and Michael E. Burns, Traffic Engineering Supervisor, requesting that they compile a list of streets and bridges that are being used or have been used as detour roads for the Pawtucket Bridge 550 project and to provide a rough cost estimate for necessary repairs to these streets and bridges. The Council is further requesting a list of streets and bridges around the detour routes that they believe drivers have been using as cut-troughs and alternative routes around the detours.

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

AYES – President Moran, Councilors Barros, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.

NOES - 0.

330 AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET 1996, ENTITLED “ZONING” (Official Maps - 461 Main Street, Assessor’s Parcels 530627 and 530577)

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

AYES – President Moran, Councilors Barros, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.

NOES - 0.

330 AN ORDINANCE IN AMENDMENT OF CHAPTER 2974 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET FOR LOCAL 3960 (DELETE SUPERINTENDENT OF RECREATION AND CREATE DIRECTOR OF RECREATION), AS AMENDED.

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

ENTERTAINMENT –

Petition of Blessed Pope John Paul II for a license to conduct a New Year’s Eve Party at 750 Central Avenue, on Saturday, December 31, 2011, from 6:00 p.m. until 1:00 a.m. LIC#7756

VICTUALLING HOUSE LICENSE First Class New -

Fung, Ricardo d/b/a Cruz Restaurant, 615 Central Avenue, LIC#7755

VICTUALLING HOUSE LICENSES First Class Renewals -

Bedoya, Bernardo J. d/b/a Tolos Seafood & Chicken Express, 205 Division St. LIC#4102

Davco Management, Inc., d/b/a Quiznos Sub, 486 Newport Ave. LIC#4101

Delosa Investments, LLC d/b/a Classic Café, 542 Pawtucket Ave. LIC#4734

Eide, Yassin d/b/a Broadway Market, 399 Broadway, LIC#3957

Five Star Pizzeria, LLC d/b/a Five Star Pizzeria, 287 Pawtucket Ave. LIC#5081

Gamboa Restaurant Inc., d/b/a Gamboa Restaurant, 200 Mineral Spring Ave. LIC#7219

Jarosz, Ana, d/b/a Taste of Europe, 560 Armistice Blvd. LIC#5884

Luzitania Bakery Inc., d/b/a Luzitania Bakery, 312 Barton St. LIC#5466

Papa Joe’s Wrap Shack Inc., d/b/a Julia’s Café, 573 Armistice Blvd. LIC#5011

Pawtucket City of and Slater Mill d/b/a Slater Mill Visitors Center Gift Shop, 175 Main St. LIC#3965
Tingley, Miles d/b/a Riverside Diner, 3 Exchange St. LIC#3494

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

Renee Dittell - $500.00 Additional Repairs

Renee Dittell - $2,400.53 Rental Charges

Veronica Jaramillo - $210.50-$239.31

Anthony Lucchetti, by Amica Insurance - $6,800.53

Anthony Lucchetti & Michelle Pellegrino - $500 Deductable

Arthur Pappas - $208.35

Isabel Postle - $2,650.00

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 Moran, Councilors Barros, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.

NOES - 0.

Aaron Lehtonen - $175.00

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 Moran, Councilors Barros, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.

NOES - 0.

Sandra Newborn - $72.77 (Pending Approval of the RI Interlocal Risk Management Trust)

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 Moran, Councilors Barros, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.

NOES - 0.

Mary Ann O’Hara - $33.17

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 Moran, Councilors Barros, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.

NOES - 0.

David Guinea - $278.07

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 Moran, Councilors Barros, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.

NOES - 0.

John Miller - $300.00

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 Moran, Councilors Barros, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.

NOES - 0.

Ashley Titus - $300.00

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 Moran, Councilors Barros, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.

NOES - 0.

D.W. Bellows & Son Inc. - $776.95

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE MOTION TO DENY AND REFER TO THE LEGAL DEPARTMENT THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:

AYES – President Moran; Councilors Barros, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.

NOES - 0.

Donald Capuano by Mark McBurney - $100,000.00

AYES – President Moran; Councilors Barros, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.

NOES - 0.

Kirk Shelton by McKinnon & Harwood LLC. - $1,000,000.00

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:

Kerry Case – Pending Estimates

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE MOTION TO DENY THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:

AYES – President Moran, Councilors Barros, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.

NOES - 0.

Howard Rosenblatt - $1,674.25-$1,721.86

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE MOTION TO DENY THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:

AYES – President Moran, Councilors Barros, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.

NOES - 0.

Howard Rosenblatt - $136.08 car rental

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE MOTION TO DENY THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:

AYES – President Moran, Councilors Barros, Chadwick, Hodge, O’Neill, Tetreault and Wildenhain.

NOES – Councilor Vitali.

Crisna Gomes - $1,358.59-$1,394.49

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE MOTION TO DENY THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY – CLAIMANT TO CONTACT THE PAWTUCKET HOUSING AUTHORITY, IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:

AYES – President Moran, Councilors Barros, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.

NOES - 0.

Lucilia Lopes - $154.00

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE MOTION TO DENY THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY – CLAIMANT TO CONTACT COX COMMUNICATION, IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:

AYES – President Moran, Councilors Barros, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.

NOES - 0.

Rami Abumasmah - $339.22-$541.32

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE MOTION TO DENY THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY – CLAIMANT TO CONTACT THE CENTRAL FALLS PUBLIC WORKS DEPARTMENT, IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:

AYES – President Moran, Councilors Barros, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.

NOES - 0.

Maria Vaz - $127.11-$158.10

Upon motion made by Councilor Hodge, seconded by Councilors Chadwick and Wildenhain, the meeting is adjourned at 9:13 p.m. in memory of Lois Barry, mother of former City Council President Mary E. Bray; and in honor of a Happy Birthday to Mildred Chadwick, mother of Councilor Jim Chadwick.