City Council, September 7, 2011
A regular session of the Pawtucket City Council is held Wednesday, September 7, 2011, at 7:28 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – President Moran, Councilors Barry, Chadwick, Hodge, O’Neill, Vitali, Tetreault and Wildenhain.
Absent – Councilor Barros.
President Moran presides.
The reading of the records of August 24, 2011, is dispensed with and the records are APPROVED as prepared by the Clerk.
Upon motion made by Councilor Hodge, seconded by Councilor Chadwick, 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 August 21-August 27, 2011 and August 28-September 3, 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 Rosalba Zanni, Cranston City Hall, to Richard J. Goldstein, MMC, City Clerk (Resolution Urging the Governor to Openly Bid for Debit Card Services Used by the State of Rhode Island) |
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| | D. Communication from Senator James E. Doyle, II, to His Excellency Governor Lincoln Chafee. (Unemployment Benefits and RI Temporary Disability Contract – with Resolution from East Providence) |
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| ** | 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 July 31, 2011) |
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| | G. Communication from Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council (Responses – Sub-Lease for 24 Commerce Street and Uniform Fire Department Overtime) |
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| | H. Communication from Norman Lamoureux, Acting Director of Public Works, to Michelle R. Hardy, CMC, Deputy City Clerk (Response – Streets and Bridges Bond) |
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| | J. 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) is LAID ON THE TABLE AND A PUBLIC HEARING IS SET FOR SEPTEMBER 21, 2011 WITH THE RECOMMENDATION OF THE ORDINANCE COMMITTEE |
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| K. 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) is LAID ON THE TABLE AND A PUBLIC HEARING IS SET FOR SEPTEMBER 21, 2011 WITH THE RECOMMENDATION OF THE ORDINANCE COMMITTEE | |
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**TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY, NO OTHER ACTION TAKEN.
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, regarding the above communication to the Ethics Commission for the Economic Development Director. The City Council is asking under what authority in the City Charter or in the City’s ordinances can the City create a position and salary without the approval of City Council and the Personnel Board.
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
With majority consent of the Council, the following motion made by Councilor Wildenhain, seconded by Councilors Chadwick and Vitali is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to John Blais, Parks & Recreation Department, requesting that he urgently apply for grants that can be used to fund improvements to the parks, especially the roads in the parks.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Moran, Councilors Barry, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.
NOES - 0.
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.
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.
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.
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.
THE CHAIR RECOGNIZES COUNCILOR BARRY.
With majority consent of the Council, the following motion made by Councilor Barry, seconded by Councilor Hodge, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Norman Lamoureux, Acting Director, Public Works Department and Michael Davolio, AICP, Director, Planning and Redevelopment, regarding the trees on the island on Armistice Boulevard from York Avenue to Slater Park. The Council is concerned that the trees look as though they are dead and asks if the warranty is still in force. The Council is concerned also about the trees on Power Road, who is in charge of overseeing them once they are planted and what the process is. They want to be sure that whatever trees are planted are a type that will not cause the sidewalk to raise up. They are also requesting that no trees be planted on Columbus Avenue until such time that this matter is addressed. They are also requesting that someone appear before the City Council to discuss this matter further.
THE FOLLOWING ORDINANCE IS TAKEN UP:
AN ORDINANCE REGARDING THE PAYMENT OF HYDRANTS RENTAL USAGE OR FEES.
THE CHAIR RECOGNIZES COUNCILOR BARRY.
Upon motion made by Councilor Barry, seconded by Councilor Tetreault, the following ordinance is LAID ON THE TABLE with the recommendation of the Finance Committee, on a unanimous voice vote:
AN ORDINANCE REGARDING THE PAYMENT OF HYDRANTS RENTAL USAGE OR FEES
THE FOLLOWING LICENSES WERE LAID ON THE TABLE AT THE MEETING HELD AUGUST 10, 2011, AND ARE AGAIN TAKEN UP AND ARE APPROVED ON A UNANIMOUS VOICE VOTE:
WASTE HAULER Renewals -
Allied Waste North America Inc., d/b/a Allied Waste Systems of Fall River, 1080 Airport Road, Fall River, MA, LIC#3359
Coastal Recycling Inc., d/b/a Coastal Recycling , 761 Great Road, North Smithfield, RI, LIC#3342
Gueuremont, Albert d/b/a Roll-A-Way Disposal, 86 Knight Street, Warwick, RI, 02886 LIC#3346
M & M Disposal, Inc., d/b/a M & M Disposal, 46 Shun Pike, Johnston, RI, LIC#3344
Patriot Disposal Co Inc., d/b/a Patriot Disposal, 2208 Plainfield Pike, Johnston, RI, LIC#3338
Rambone Disposal Service, Inc., d/b/a Rambone Disposal Service, 2153 Plainfield Pike, Johnston, RI, LIC#3357
Waste Haulers LLC, 1 Starline Way, Cranston, RI LIC#5209
THE CHAIR RECOGNIZES COUNCILOR BARRY.
With majority consent of the Council, the following motion made by Councilor Barry, seconded by Councilor O’Neill, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Chief Paul King, requesting that the Police Department enforce the 7:00 a.m. start time for all waste haulers. According to the rules and regulations as provided for by Chapter 2775 of the Ordinances of the City of Pawtucket, containers may only be serviced by waste haulers between the hours of 7:00 a.m. and 7:00 p.m.
A copy of said letter is to be sent to each licensed waste hauler in the city.
THE FOLLOWING LICENSES ARE TAKEN UP:
WASTE HAULER Renewals –
MTG Disposal LLC, 19 Industrial Way, Seekonk, MA 02771 LIC#5765
TLA Providence LLC d/b/a TLA Pond View, 1 Dexter Road, East Providence, RI LIC#5073
THE CHAIR RECOGNIZES COUNCILOR VITALI.
Upon motion made by Councilor Vitali, seconded by Councilors Hodge and Barry, the following licenses are LAID ON THE TABLE, on a unanimous voice vote:
MTG Disposal LLC, 19 Industrial Way, Seekonk, MA 02771 LIC#5765
TLA Providence LLC d/b/a TLA Pond View, 1 Dexter Road, East Providence, RI LIC#5073
THE CHAIR RECOGNIZES COUNCILOR BARRY.
With majority consent of the Council, the following motion made by Councilor Barry, seconded by Councilor Hodge, 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, asking if either MTG Disposal LLC or TLA Providence LLC, has been cited over the past year for operating before 7:00 a.m.
THE FOLLOWING LICENSE IS APPROVED ON A UNANIMOUS VOICE VOTE:
VICTUALLING HOUSE Transfer -
Allis Inc., d/b/a Big Al’s Sports Bar (transfer from Benefit Street Pub Inc., d/b/a Benefit Street Pub) 433 Benefit Street, LIC#7424
*THE FOLLOWING PETITIONS FOR LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
ENTERTAINMENT –
Petition of A Better World by Design, Brown University, to conduct a Social Event at the Hope Artiste Village, 1005 Main Street, on Saturday, October 1, 2011, from 8:00 p.m. until 11:00 p.m., LIC#7548
Petition of O Fest RI, for a license to conduct an October Fest at Slater Mill, on Friday, September 30, 2011, from 6:00 p.m. to 11:00 p.m., Saturday, October 1, 2011 from 12:00 p.m., to 11:00 p.m., and Sunday, October 2, 2011, from 12:00 p.m. to 6:00 p.m. LIC#7513
FIRE ARMS Renewal –
Francis, John d/b/a Competition Shooting Supplies, 435 Benefit Street, LIC#3074
PIGEON LOFT Renewals -
Filomina Sousa, 9 Winter St. LIC#3104
Petros Zervas, 27 Harrison St. LIC#3105
VICTUALLING HOUSE Transfer -
Mary Co., d/b/a Newport Avenue Pizzeria, (transfer from Michael Pate d/b/a Newport Avenue Pizza) 1100 Newport Avenue, LIC#7540
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Chrystal Lin-Cabral - $686.08
Juan Montoya - $950.00-$1134.32-$1,300.00
Howard Rosenblatt - $1,674.25-$1,721.86
Duc Tran - $1,472.62-$1,749.00
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 Barry, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.
NOES - 0.
Mackenzie Decrescenzo by Loiselle Insurance Agency - $2,453.83
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 Barry, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.
NOES - 0.
Grace Burns - $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:
Sandra Bagwell by Rob Levine & Associates – No Amount Specified
Angel Bateman by Edward G. Lawson, Esq. – No Amount Specified
Kerry Clavin by Gemma law Associates, Inc. - $100,000.00
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:
Joseph Pereira - $536.68
Upon motion made by Councilor Hodge, seconded by the entire City Council, the meeting is adjourned at 8:00 p.m., in memory of all who died in the terrorist attacks on September 11, 2001 and all who sacrificed their lives fighting the war on terror.