City Council, October 19, 2011
A regular session of the Pawtucket City Council is held Wednesday, October 19, 2011, at 7:00 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – President Moran, Councilors Barry, Hodge, O’Neill, Vitali, Tetreault and Wildenhain.
Absent – Councilors Barros and Chadwick.
President Moran presides.
The reading of the records of October 5, 2011, is dispensed with and the records are APPROVED as prepared by the Clerk.
Upon motion made by Councilor Hodge, seconded by Councilor Tetreault, the *Consent Agenda is APPROVED, on a unanimous voice vote.
*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:
| | A. Communication from Rhode Island Department of Transportation to the Pawtucket City Council (Pawtucket Bridge #550 Updates for October 2-8, 2011 and October 9-15, 2011) |
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| | B. Communication from Rhode Island Clean Water Finance Agency to the City of Pawtucket (Various Forms and Statements) |
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| | C. Communication from Antonio J. Pires, Acting Director of Administration, to the Honorable Mayor Donald R. Grebien (Antonio J. Pires Resignation from the Planning Commission) |
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| ** | D. Communication from Mark McBurney, Attorney at Law, to David P. Moran, President, Pawtucket City Council (Sylvester Car Registration Tax Matter) |
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| ** | E. Communication from Frank J. Milos, Jr., Esq., City Solicitor, to David P. Moran, President, Pawtucket City Council (Sylvester Tax Matter) |
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| ** | F. Communication from Jeannine S. Bourski, Deputy Finance Director, to David P. Moran, President, Pawtucket City Council (Uniform Overtime FY12) |
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| G. Communication from Edward Sanderson, State Historic Preservation Officer, to Property Owners and Local, State and Federal Officials (National Register of Historic Places Listing) | |
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| | H. Communication from Tracy Nelson Hay, Richmond Town Clerk, to All Rhode Island City and Town Councils (Resolution in the Aftermath of Tropical Storm Irene) |
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| I. Communication from Karin Clancey, Middletown Deputy Town Clerk , to Richard J. Goldstein, MMC, City Clerk (Resolution Requesting the General Assembly to Repeal New Tax on Tours) | |
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| | J. Communication from Andrea M. Bicki, Woonsocket Ctiy Clerk, to Rhode Island City and Town Councils (Resolution in Favor of Comprehensive State-Wide Pension Reform) |
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| | K. Communication from Joseph M. Hall, Hall Associates, to Frank J. Milos, Jr., Esq., City Solicitor (Lease for Chimney Space at Incinerator Location) IS REFERRED TO THE CITY PROPERTY COMMITTEE |
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| | L. Communication from Frank J. Milos, Jr., Esq., City Solicitor, to David P. Moran, President, Pawtucket City Council (Verizon Wireless – Lease Agreement) IS REFERRED TO THE CITY PROPERTY COMMITTEE |
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| | M. Communication from Angel S. Garcia, Director of Personnel, to the Honorable Members of Pawtucket City Council. (Proposed Employment Agreement for Gregg M. Giasson, Assistant Chief Engineer, Pawtucket Water Supply Board for a three (3) year term) IS REFERRED TO THE FINANCE COMMITTEE |
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| ** | N. Communication from Ronald F. Travers, Director of Zoning and Code Enforcement, to David P. Moran, President, Pawtucket City Council (Response – Waste Hauler Complaint Policy) |
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| | P. Communication from Antonio J. Pires, Acting Director of Administration, to the Honorable Members of the Pawtucket City Council (Response – Reimbursement for Bridge 550 Detours) |
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| ** | Q. Communication from Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council (Response – Elimination of FY 11 Deficit) |
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| | R. Communication from Richard J. Goldstein, MMC, City Clerk, to the Honorable Members of the City Council (Meeting with Legislators on Pension Reform Bill) |
**TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY, NO OTHER ACTION TAKEN.
COUNCILOR BARROS ARRIVES IN THE CHAMBERS AT 7:14 P.M.
O.
THE CHAIR RECOGNIZES COUNCILOR VITALI.
With majority consent of the Council, the following motion made by Councilor Vitali, seconded by Councilors Barry and O’Neill, 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, requesting a status report on the marketing study to determine the best re-use of the former hotel site on Division Street.
The Clerk is also instructed to send a communication to Frank J. Milos, Jr., Esq., City Solicitor, regarding the status of the law suit on the Division Street property. While the Council was informed by Michael Davolio that there is still no court date for this case, the Council wants to know if the Solicitor has any further information on this matter.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, the following motion made by Councilor Hodge, on behalf of Council President Moran, seconded by Councilor Vitali, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to William Sisson, Fire Chief, requesting a status report on the creation of a Hazardous Rescue Team to handle any potential accidents caused by the construction of the Pawtucket Bridge 550 project.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, the following motion made by Councilor Hodge, on behalf of Council President Moran, seconded by Councilor Vitali, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Michael Lewis, Director, Rhode Island Department of Transportation, requesting his thoughts regarding the letter sent to Fire Chief Sisson regarding the creation of a Hazardous Rescue Team to handle any potential accidents caused by the construction of the Pawtucket Bridge 550 project.
Petition for a Second Hand Shop License by Regino Xiquin d/b/a Mely Tires Shop, 840 Mineral Spring Avenue, (transfer from 500 Mineral Spring Avenue) Tax Assessors Plat 50, Lot 1453, to keep a shop for the purpose of purchasing and selling second hand articles, specifically: used tires, LIC#7641, which was advertised for a hearing at this time, is taken up:
Speaking in favor is Regino Xiquin, 86 Sandingham Avenue, Providence, RI, applicant.
Mr. Xiquin states that he will continue with the same business at a new address. There is a garage there.
There are no other speakers.
The Public Hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR TETREAULT.
Upon motion made by Councilor Tetreault, seconded by Councilors Hodge, Barry and Wildenhain, the following license is APPROVED, on a unanimous voice vote:
Petition for a Second Hand Shop License by Regino Xiquin d/b/a Mely Tires Shop, 840 Mineral Spring Avenue, (transfer from 500 Mineral Spring Avenue) Tax Assessors Plat 50, Lot 1453, to keep a shop for the purpose of purchasing and selling second hand articles, specifically: used tires, LIC#7641
Communication from His Honor, Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council, submitting the following appointment as a member of the Juvenile Hearing Board of the City of Pawtucket, FOR CONFIRMATION:
JUVENILE HEARING BOARD
The following nomination submitted by His Honor Mayor Donald R. Grebien, for confirmation is CONFIRMED on a roll call vote, as follows:
AYES – President Moran, Councilors Barros, Barry, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.
NOES - 0.
JUVENILE HEARING BOARD
Sandra Cano, 302 Pullen Avenue, Pawtucket, RI 02861. Term Expires the first Monday in November 2014
Council President David P. Moran, President, Pawtucket City Council, appoints Councilor O’Neill to sit with the Red Light Camera Committee.
THE CHAIR RECOGNIZES COUNCILOR VITALI.
With majority consent of the Council, Councilor Vitali introduces the following communication:
Upon motion made by Councilor Vitali, seconded by Councilor Wildenhain, the following communication is READ AND ORDERED FILED:
Communication from John N. Blais, Parks and Recreation Division, to the Pawtucket City Council (Dog Park’s Positive Progress)
UPON RECOMMENDATION OF THE RECREATION COMMITTEE, THE FOLLOWING RESOLUTION IS READ AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Moran, Councilors Barros, Barry, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.
NOES - 0.
UPON RECOMMENDATION OF THE RECREATION COMMITTEE, THE FOLLOWING RESOLUTION IS READ AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Moran, Councilors Barros, Barry, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.
NOES - 0.
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 Moran, Councilors Barry, Hodge, O’Neill, Tetreault, Vitali.
NOES – Councilors Barros, Wildenhain.
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)
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, Councilor Hodge introduces the following communication:
Upon motion made by Councilor Hodge, seconded by Councilor Barry, the following communication is READ AND ORDERED FILED:
Communication from Ronald L. Wunschel, Director of Finance, to the Pawtucket City Council (Response – Status Report on Tax Collections)
THE FOLLOWING ORDINANCE, WHICH WAS RETURNED BY THE FINANCE COMMITTEE WITHOUT A RECOMMENDATION, IS TAKEN UP:
AN ORDINANCE REGARDING THE PAYMENT OF HYDRANTS RENTAL USAGE OR FEES
THE CHAIR RECOGNIZES COUNCILOR O’NEILL.
With majority consent of the Council, Councilor O’Neill introduces the following amendment:
SECTION 2. The responsibility for the Pawtucket water ratepayers to pay said rental usage or fees shall commence with fees coming due beginning on January 1, 2012 and upon notice to the Rhode Island Public Utilities Commission of this ordinance’s passage.
THE CHAIR RECOGNIZES COUNCILOR HODGE:
After debate by the Council, Councilor Hodge calls for the question on the amendment.
Upon motion made by Councilor Hodge, seconded by Councilor Barry, the call for the question on the amendment is APPROVED on a unanimous voice vote.
Upon motion made by Councilor O’Neill, seconded by Councilor Barry, the following amendment to the ordinance entitled, “AN ORDINANCE REGARDING THE PAYMENT OF HYDRANTS RENTAL USAGE OR FEES” is APPROVED on a roll call vote, as follows:
AYES – President Moran, Councilors Barros, Barry, O’Neill, Vitali and Wildenhain.
NOES – Councilors Hodge and Tetreault.
SECTION 2. The responsibility for the Pawtucket water ratepayers to pay said rental usage or fees shall commence with fees coming due beginning on January 1, 2012 and upon notice to the Rhode Island Public Utilities Commission of this ordinance’s passage.
THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME, AS AMENDED, AND PASSED, ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Moran, Councilors Barros, Barry, O’Neill, Vitali and Wildenhain.
NOES – Councilors Hodge and Tetreault.
AN ORDINANCE REGARDING THE PAYMENT OF HYDRANTS RENTAL USAGE OR FEES, 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 majority voice vote:
Councilor Hodge votes “no.”
The Clerk is instructed to send a communication to the Public Utilities Commission, requesting that they look to cut expenditures in the Pawtucket Water Supply Board budget to offset the loss of the hydrant fees from the city of Pawtucket, rather than increasing the fees for Pawtucket residents.
THE FOLLOWING PETITION FOR LICENSE IS APPROVED ON A UNANIMOUS VOICE VOTE:
VICTUALLING HOUSE 1ST Class New –
Jimmys LLC d/b/a Cresta Bar and Ristorante, 100 Main Street, LIC#7622
THE CHAIR RECOGNIZES COUNCILOR BARROS.
With majority consent of the Council, Councilor Barros introduces the following communication:
Communication from Mayor Donald R. Grebien to the Pawtucket City Council (Requesting Consideration for Proposed Tax Treaty for Richmond Motor Sales and Rentals)
Upon motion made by Councilor Barros, seconded by Councilor O’Neill, the following communication is READ AND ORDERED FILED AND REFERRED TO THE FINANCE COMMITTEE
Communication from Mayor Donald R. Grebien to the Pawtucket City Council (Requesting Consideration for Proposed Tax Treaty for Richmond Motor Sales and Rentals)
*THE FOLLOWING LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
HOLIDAY AND VICTUALLING HOUSE 1ST Class transfer -
Shivaji Corp., d/b/a Gold Mart Convenience Store, (transfer from Pathik LLC d/b/a Gold Mart) 1531 Newport Avenue, LIC#7643 #7644
JUNK – WHOLESALE Renewal –
Bumper World, Inc., d/b/a Bumper World, 10 Dunnell Lane, LIC#6615
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY IS REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Crisna Gomes - $1,358.59-$1,394.49
THE CHAIR RECOGNIZES COUNCILOR VITALI.
With majority consent of the Council, the following motion made by Councilor Vitali, seconded by Councilors Barry and Wildenhain is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Major Bruce Moreau requesting that police officers on patrol near the Euart Post, 55 Overland Avenue, check the club to ensure that they are complying with all the noise and liquor laws and are not causing any disturbances in the neighborhood. Councilor Vitali received a complaint at this meeting from neighbors of the post regarding excessive noise coming from the establishment, especially when there are private parties going on.
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 David Quinn, Tax Assessor, and the
Engineering Department requesting the dimensions and property values for O’Brien Field, Morley Field and Pariseau Field and their current zoning statuses.
Council President Moran directs the Clerk to send a communication to Michael Burns, Traffic Engineer, and Chief Paul King, Pawtucket Police Department, requesting that they review the petition from the residents of Sachem Street, who are requesting signage be put up on their street to prevent the train commuters from using the street for free all-day parking.
Per order of Council President Moran, the Communication from the Sachem Street Residents to the Pawtucket City Council (Petition Regarding Parking by Train Commuters on Sachem Street) is READ AND ORDERED FILED.
Upon motion made by Councilor Barry, seconded by Councilor O’Neill, the meeting is adjourned at 8:28 p.m., in memory of William Harty, a former Mayor of Pawtucket.