October 5, 2011 - Regular City Council Session

 

City Council, October 5, 2011

 

 

A regular session of the Pawtucket City Council is held Wednesday, October 5, 2011, at 7:42 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 reading of the records of September 21 2011 is dispensed with and the records are APPROVED as prepared by the Clerk.

 

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

 

 

*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:

 

 

 

617

A.    Communication from Rhode Island Department of Transportation to the Pawtucket City Council (Pawtucket Bridge #550 Updates for September 18-24 and September 25-October 1, 2011)

 

 

 

 

590

B.     Communication from Mayor Donald R. Grebien to the Honorable Members of the City Council (Study on Efficiency of City Services)

 

 

 

 

590

D.    Communication from Mayor Donald R. Grebien to the Honorable Members of the City Council (Library Services for Central Falls Residents)

 

 

 

 

061

E.     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 August 31, 2011)

 

 

 

 

**611

F.      Communication from Ronald L. Wunschel, Director of Finance, to the Pawtucket City Council (Response – Fire Department Line Items Requests)

 

 

 

 

**592

G.    Communication from Michael P. Davolio, AICP, Director of Planning and Redevelopment, to Richard J. Goldstein, MMC, City Clerk (Response – Planning Department Budget; Temporary Expenditures)

 

 

 

 


**613

H.    Communication from Frank J. Milos, Jr., Esq., City Solicitor, to Councilor Lorenzo, C. Tetreault, City Council (Response – Legal Opinion on Temporary Employment)

 

 

 

 

 

I.       Communication from David M. Wax, President of the Board, Gamm Theatre, to David P. Moran, President, Pawtucket City Council (Request for Real Estate, Motor Vehicle and Tangible Property Tax Abatement) is READ AND ORDERED FILED and REFERRED TO THE FINANCE COMMITTEE

 

 

 

 

**

J.       An Ordinance in Amendment of Section 48 of Chapter 347 of the Code of Ordinances of the City of Pawtucket, 1996, Entitled “Solid Waste” (Recycling Noncompliance Penalties) IS LAID ON THE TABLE WITH THE RECOMMENDATION OF THE ORDINANCE COMMITTEE

 


 

 

 

 

K.    An Ordinance Amending Section 16 of Chapter 347 of the Code of Ordinances of the City of Pawtucket, 1996, Entitled “Solid Waste” (Large Item Pick-up Violation Notice) IS LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE

 

 

 

028

L.     Communication from Thomas A. Mann, Jr. Executive Director, Pawtucket Foundation, to the Honorable Council Members (Recommendation to Approved Zoning Amendments)

 

 

 

 

C.  Communication from Mayor Donald R. Grebien to the Honorable Lincoln D. Chafee, Governor (Legal Opinion on Combining Pawtucket and Central Falls) is READ AND ORDERED FILED

 

THE CHAIR RECOGNIZES COUNCILOR O’NEILL.

 

With majority consent of the Council, the following motion made by Councilor O’Neill, seconded by Councilors Barry, Barros and Hodge, is PASSED on a unanimous voice vote:

 

The Clerk is instructed to send a communication to Mayor Donald R. Grebien to request an update on where the city stands with shared services with Central Falls.  In addition to the proposed library plan, what is the city planning to do regarding such services and what are the potential revenues the city could realize from providing such services?  

 

 

 

 

THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.

 

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

 

The Clerk is instructed to send a communication to Mayor Donald R. Grebien to request an explanation on how the final $600,000 of the FY’11 budget deficit was eliminated.  

 

 

 

 

THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.

 

With majority consent of the Council, the following motion made by Councilor Wildenhain, seconded by Councilors O’Neill and Barros, is PASSED on a unanimous voice vote:

 

The Clerk is instructed to send a communication to David Clemente, Purchasing Agent, to request that he look into preparing a Request for Proposals to try to provide cheaper energy for the animal shelter, whether through a renewable energy system or by some other means.

 

 

 

 

THE CHAIR RECOGNIZES COUNCILOR HODGE.

 

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

 

The Clerk is instructed to send a communication to Michael P. Davolio, AICP, Director of Planning and Redevelopment to request a status report on the former hotel site on Division Street. The Council is looking for information about the marketing of the site and the status of the lawsuit by the former preferred developer.

 

 

 

COUNCILOR BARROS LEAVES THE CHAMBERS AT 7:55 P.M.

 

 

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, Tetreault, Vitali and Wildenhain.

 

NOES - 0.

 

330   AN ORDINANCE IN AMENDMENT OF CHAPTER 40 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “FUNDS” (Library), AS AMENDED.

 

 

THE CHAIR RECOGNIZES COUNCILOR O’NEILL.

 

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

 

The Clerk is instructed to send a communication to Normand Lamoureux, Acting Director, Public Works, to request that the public works department move forward with the spraying of the Armistice Boulevard trees in the spring along with any other trees that need protection from fungus. 

 

 

 

COUNCILOR BARROS RETURNS TO THE CHAMBERS AT 7:59 P.M.

 

 

 

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 2956 OF THE ORDINANCES OF THE CITY OF PAWTUCKET, FIXING THE SALARIES FOR CLASSIFIED NON-UNION POSITIONS (Deputy EMA Director)

 

 

THE CHAIR RECOGNIZES COUNCILOR HODGE.

 

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

 

The Clerk is instructed to send a communication to Ronald L. Wunschel, Director of Finance, to request a status report on tax collections through the end of the first quarter of the fiscal year.   Are collections meeting expectations, above expectations or below expectations and by how much? 

 

 

THE CHAIR RECOGNIZES COUNCILOR HODGE.

 

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

 

The Clerk is instructed to send a communication to Ronald L. Wunschel, Director of Finance, to ask if the Tax Anticipation Notes the city sold earlier this year have been repaid.  If not, when will they be paid and will the current tax collection rates be sufficient to ensure full payment in a timely manner?

 

 

 

 

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 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ZONING” (TEXT AND OFFICIAL MAPS – 226, 234 AND 240 EAST AVENUE AND 57 PAWTUCKET AVENUE AND OVERLAY HISTORIC DISTRICT AND TABLE OF USE REGULATIONS)

 

 

 

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 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ZONING: (TEXT – DOWNTOWN PARKING AND DIMENSIONAL CHANGES)

 

 

 

THE CHAIR RECOGNIZES COUNCILOR BARRY.

 

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

 

The Clerk is instructed to send a communication to Ronald Travers, Director, Zoning and Code Enforcement, regarding a constituent of Councilor Barry’s who told him that when she called the city to report a waste hauler collecting trash before 7:00 a.m. at Shea High School, she was told that she would have to call the police to file a report.  The Council wants to know if it is a new policy to require police reports on all waste hauler complaints.

 

 

THE CHAIR RECOGNIZES COUNCILOR HODGE.

 

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

 

The Clerk is instructed to send a communication to the Pawtucket School Department, to request that they contact school vendors to remind them to be conscientious and as quiet as possible when working at or delivering goods to schools in the early morning.  This request comes in response to complaints of loud truck noise at Shea High School before 7:00 a.m.

 

 

 

THE FOLLOWING LICENSE, WHICH WAS LAID ON THE TABLE AT THE MEETINGS HELD SEPTEMBER 7, 2011, AND SEPTEMBER 21, 2011, IS AGAIN TAKEN UP AND IS APPROVED ON A UNANIMOUS VOICE VOTE:

 

WASTE HAULER Renewals –

 

TLA Providence LLC d/b/a TLA Pond View, 1 Dexter Road, East Providence, RI LIC#5073

 

 

 

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

 

ENTERTAINMENT –

 

Petition of Saint Raphael Academy to conduct an Alumni Gathering at  194 Walcott Street, on Saturday, November 19, 2011, from 7:00 p.m. to 11:00 p.m. LIC#7626

 

 

HOLIDAY LICENSE – transfer of location

 

Walgreen Eastern Co., Inc.,  d/b/a Walgreens #13987,  385 Cottage Street (transfer from 700 Central Avenue) LIC#7604

 

 

VICTUALLING HOUSE 1ST Class  New

 

Doris Montijo d/b/a Centro De Bienestar (Wellness Center), 496 Lonsdale Avenue, LIC#7609

 

 

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

 

PAWNBROKER -

 

Fastcash Pawn & Checkcashers, Inc – Surety, Western Surety Company

 

 

 

THE CHAIR RECOGNIZES COUNCILOR CHADWICK.

 

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

 

The Clerk is instructed to send a communication to Mayor Donald R. Grebien, to request that the administration consider doing a road renovation project on Reservoir Avenue similar to the one now being planned on Mineral Spring Avenue, which includes repaving the street and new curbs and sidewalks. 

 

 

THE CHAIR RECOGNIZES COUNCILOR CHADWICK.

 

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

 

The Clerk is instructed to send a communication to Normand Lamoureux, Acting Director, Public Works, regarding several holes in sidewalks on Smithfield Avenue and Power Road where trees are supposed to be.  Councilor Chadwick wants the trees to be replaced.  The Council wants to know if there is a plan to replace the sidewalk trees on these two streets, and if so, when they will be planted.

 

 

 

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

 

 

Joan Gardner – Personal Injuries by Ciccone, Coughlin & Waldman – No Amount Specified

Jody Normandin - $2,659.85-$3,430.13

 

 

 

 

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.

 

Renee Dittell - $3,039.90

 

 

 

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.

 

Duc Tran - $1,472.62

 

 

 

 

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.

 

Chrystal Lin-Cabral - $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.

 

Joseph Pereira - $461.68

 

 

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.

 

William Grant by Commerce Insurance - $1,943.94

 

 

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.

 

Stacie Souza by Nationwide Insurance - $342.88

 

 

 

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.

 

Stacie Souza - $500.00

 

 

 

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.

 

Terence Karaniuk - $300.00

 

 

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:

 

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

Howard Rosenblatt - $136.08

 

 

 

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

 

Ana Miranda - $4,579.25

Carlos Miranda - $2,934.53-$3,541.00

 

 

 

 

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.

 

Tracey Holmes - $289.61

 

 

 

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.

 

Sonia Cardoso by Progressive Insurance - $1,958.29

 

 

 

 

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 SCHOOL DEPARTMENT, 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.

 

Juan Montoya - $950.00-$1,134.32-$1,300.00

 

 

 

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 THE NORTH-EASTERN TREE SERVICE, 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.

 

Diana Todd - $2,517.50

 

 

 

Upon motion made by Councilor Hodge, seconded Councilors Vitali and Barros, the meeting is adjourned at 8:20 p.m., in memory of Aristide Pereira, 1st President of Cape Verde; M. Dorothy Kilmartin, mother of Attorney General Peter F. Kilmartin; Debra J. Spooner, sister of School Committee Chairperson Raymond J. Spooner, Jr., and Michael Newman.

October 5, 2011 - Regular City Council Session
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