June 13, 2011 - Special City Council Session

City Council, June 13, 2011

A special session of the Pawtucket City Council is held Monday, June 13, 2011, at 7:20 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.

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

Absent – 0.

President Moran presides.

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

AMENDMENTS TO ANNUAL OPERATING BUDGET

THE COUNCIL RECONVENES AT 7:55 P.M.

Communication from Council President David P. Moran calling a Special Session of the City Council on Monday, June 13, 2011, at 7:00 p.m. is READ AND ORDERED FILED.

3 Communication from Raymond J. Spooner, Jr., Chairman, Pawtucket School Committee, to His Honor Mayor Donald R. Grebien. (Benefits for School Committee 2013) is READ AND ORDERED FILED.

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

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

NOES - 0.

330 AN ORDINANCE IN AMENDMENT OF CHAPTER 347 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “SOLID WASTE.” (MATTRESS, BOX SPRING, AND REFRIGERATOR FEES) AS AMENDED.

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

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

NOES – Councilors Barros, O’Neill, and Vitali.

330 AN ORDINANCE REDUCING COMPENSATION FOR BOARDS AND COMMISSIONS IN THE CITY OF PAWTUCKET IN FISCAL YEAR 2012, AS AMENDED.

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

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

NOES – Councilor Chadwick.

330 AN ORDINANCE IN AMENDMENT OF CHAPTER 63 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “PERSONNEL POLICES” (CONTRIBUTION FOR PERSONAL USE OF CELL PHONES)

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

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

NOES - 0.

330 AN ORDINANCE IN AMENDMENT OF CHAPTER 63 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “PERSONNEL POLICES” (CONTRIBUTION FOR PERSONAL USE OF CITY-OWNED VEHICLES) AS AMENDED.

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

AYES – President Moran; Councilors Barry, Chadwick, Hodge, O’Neill, and Tetreault.

NOES – Councilors Barros, Vitali, and Wildenhain.

330 AN ORDINANCE IN AMENDMENT OF CHAPTER 210 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1966, ENTITLED “FIRE PREVENTION.” (FIRE ALARM BOX FEES AND FALSE ALARM FEES) AS AMENDED.

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

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

NOES - 0.

330 CAPITAL BUDGET ORDINANCE 2011-2012

THE FOLLOWING ORDINANCE IS TAKEN UP:

ANNUAL OPERATING BUDGET ORDINANCE 2011-2012, AS AMENDED.

THE CHAIR RECOGNIZES COUNCILOR O’NEILL.

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

Amend the following:

Line Item	Current Adjustment	Recommended Adjustment	Difference
Uniform Fire Overtime	$250,000	$525,000	$275,000

Upon motion made by Councilor O’Neill, seconded by Councilors Barros and Hodge, the following amendment is read and DEFEATED on a roll call vote, as follows:

AYES – Councilors Barros, Hodge, and O’Neill.

NOES - President Moran; Councilors Barry, Chadwick, Tetreault, Vitali and Wildenhain.

Amend the following:

Line Item	Current Adjustment	Recommended Adjustment	Difference
Uniform Fire Overtime	$250,000	$525,000	$275,000

THE CHAIR RECOGNIZES COUNCILOR O’NEILL.

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

Amend the following:

Line Item	Current Adjustment	Recommended Adjustment	Difference
Fire Prevention Overtime	$ 0	$32,502	$32,502
Planning Tourism	$15,000	$30,000	$15,000
Library Overtime	$ 0	$15,000	$15,000
Building Maint Overtime	$ 0	$10,000	$10,000
Sewer Maint Overtime	$ 0	$ 5,000	$ 5,000
Zoning Overtime	$ 0	$ 5,000	$ 5,000
Recycling Overtime	$ 0	$ 5,000	$ 5,000
Transfer Station Overtime	$ 0	$ 5,000	$ 5,000

Upon motion made by Councilor O’Neill, seconded by Councilor Barros, the following amendment is read and DEFEATED on a roll call vote, as follows:

AYES – Councilor O’Neill.

NOES - President Moran; Councilors Barros, Barry, Chadwick, Hodge, Tetreault, Vitali and Wildenhain.

Amend the following:

Line Item	Current Adjustment	Recommended Adjustment	Difference
Fire Prevention Overtime	$ 0	$32,502	$32,502
Planning Tourism	$15,000	$30,000	$15,000
Library Overtime	$ 0	$15,000	$15,000
Building Maint Overtime	$ 0	$10,000	$10,000
Sewer Maint Overtime	$ 0	$ 5,000	$ 5,000
Zoning Overtime	$ 0	$ 5,000	$ 5,000
Recycling Overtime	$ 0	$ 5,000	$ 5,000
Transfer Station Overtime	$ 0	$ 5,000	$ 5,000

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

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

NOES – Councilors Hodge, O’Neill, and Wildenhain.

330 ANNUAL OPERATING BUDGET ORDINANCE 2011-2012, AS AMENDED.

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

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

NOES - 0.

330 AN ORDINANCE IN AMENDMENT OF CHAPTER 260 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “LICENSING” (Water Bills)

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

AYES – President Moran; Councilors Barry, Hodge, O’Neill, Tetreault, and Wildenhain.

NOES – Councilors Barros, Chadwick, and Vitali.

330 AN ORDINANCE IN AMENDMENT OF CHAPTER 302 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “PEDDLING AND SOLICITING.” (FIREWORKS PROHIBITED)

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

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

NOES - 0.

330 AN ORDINANCE IN AMENDMENT OF CHAPTER 63 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “PERSONNEL POLICIES.” (ACCRUED VACATION TIME) AS AMENDED.

613 Communication from Frank J. Milos, Jr., Esq., City Solicitor, to the Honorable Pawtucket City Council. (Perpetual Care Fund) is READ AND ORDERED FILED.

THE FOLLOWING ORDINANCE IS TAKEN UP:

AN ORDINANCE AUTHORIZING THE USE OF FUND MONEY FOR DEFICIT REDUCTION IN FISCAL YEAR 2011, AS AMENDED.

THE CHAIR RECOGNIZES COUNCILOR BARRY.

With majority consent of the Council, Councilor Barry introduces the following amendment:

Add the following:

(c) $350,000 of the money taken from Fund 708 (Cemetery Perpetual Care Fund) shall be deemed a loan that shall be repaid to the fund in equal payments in the amount of $35,000 per year for a period of ten years beginning in fiscal year 2013.

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

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

NOES – Councilor Hodge.

Add the following:

The following ordinance is read for the FIRST time and PASSED, AS FURTHER AMENDED, on a roll call vote, as follows:

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

NOES – Councilor Hodge.

AN ORDINANCE AUTHORIZING THE USE OF FUND MONEY FOR DEFICIT REDUCTION IN FISCAL YEAR 2011, AS AMENDED.

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, Barry, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.

NOES - 0.

Maureen Curran - $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, Barry, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.

NOES - 0.

Mohamed Akar - $275.89

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, Barry, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.

NOES - 0.

Danielle Pestana - $154.90

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, Barry, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.

NOES - 0.

Rose Ruben - $121.03

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, Barry, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.

NOES - 0.

Diane Farrow - $105.25

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, Barry, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.

NOES - 0.

Adam Jensen by GEICO Insurance - $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, Barry, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.

NOES - 0.

Donna Power by Commerce Insurance - $788.44

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, Barry, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.

NOES - 0.

Vanessa Rojas - $449.99

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:

William Grant by Commerce Insurance - $1,943.94

Juan Jusino by Christopher Fay – No Amount Specified

Kailyn Meda, Fred Meda, Angus Meda and Coleman Meda by James Howe, Esq. – No Amount Specified

Jeanne Rocheleau – 844.79

James Woods by Devane & Devane Attorneys - $328.50

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, Barry, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.

NOES - 0.

Herbert Carr – 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, Barry, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.

NOES - 0.

Antone Perry - $572.45-$585.29

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, Barry, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.

NOES – 0

Dennis DeLoach - $70.00

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, Barry, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.

NOES – 0

Jerry Gold - $10,000.00

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, Barry, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.

NOES – 0

Kenneth Neal - $410.82

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 WATER SUPPLY BOARD, IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:

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

NOES - 0.

Terence Karaniuk - $500.00 insurance deductible

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

NOES - 0.

Kelli Fleury by Brenda Ferry, Esq. – No Amount Specified

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE MOTION TO DENY THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY – FENCE TO BE REPAIRED BY THE PAWTUCKET DEPARTMENT OF PUBLIC WORKS, IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:

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

NOES - 0.

William Donnelly - $150.00-$450.00

Upon motion made by Councilor Hodge, seconded by Councilor Barry, the meeting is adjourned at 9:06 p.m.