City Council, April 19, 2012
A special session of the Pawtucket City Council is held Thursday, April 19, 2012, at 6:06 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present - President Moran, Councilors Barry, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.
Absent – Councilor Barros.
President Moran presides.
THE COUNCIL RECESSES IMMEDIATELY TO CONDUCT A PUBLIC HEARING ON THE FOLLOWING:
RESOLUTION AUTHORIZING AND ACCEPTING A LEASE AND OPERATION AGREEMENT WITH WHM HOLDINGS, LLC FOR THE OPERATION OF THE PROPERTY KNOWN AS THE PAWTUCKET TRANSFER STATION LOCATED AT 240 GROTTO AVENUE.
THE COUNCIL RECONVENES AT 7:20 P.M.
COUNCILOR BARROS ARRIVES AT 7:21 P.M.
THE COUNCIL RECESSES AT 7:26 P.M.
THE COUNCIL RECONVENES AT 8:12 P.M.
THE FOLLOWING RESOLUTION SUBMITTED BY THE FINANCE AND CITY PROPERTY COMMITTEES IS TAKEN UP:
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, the following amendments to the lease and operation agreement with WHM Holdings, LLC for the operation of the Transfer Station at 240 Grotto Avenue:
Add the following:
Section D. – and ordinances applicable to each party.
Amend the following:
Section 3.1 – with joint agreement of both the City and the Contractor, subject to City Council Approval, which will not be unreasonably withheld.
Add the following:
Section 5.8 – City shall have reasonable use and access to said assets in the event the need arises without material interruption to the operation of the Transfer Station.
Section 7.1 (C) – Continue to maintain and repair existing access roads to the facility, …
Section 8.1 – This section shall not apply in the event that such action by RIDEM, or any other governmental agency or court with jurisdiction over the Facility, orders the cessation of conduct of the operation, due to the direct activities of the Contractor.
Amend the following:
Section 15.1 – This contract may be assignable by upon prior written consent of the other party, which consent shall not be unreasonably withheld.
Section 17.1 - …alterations or improvements deemed necessary for service to the Transfer Station except for asphalt (or suitable top cover).
Exhibit B (1) – 2001 7 Sterling Roll-off Truck w/ 75,000 lbs hoist.
Upon motion made by Councilor Hodge, seconded by Councilor Barry, the following amendments to the lease and operation agreement with WHM Holdings, LLC for the operation of the Transfer Station at 240 Grotto Avenue, are APPROVED on a roll call vote, as follows:
AYES - President Moran, Councilors Barros, Barry, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.
NOES – 0.
Add the following:
Section D. – and ordinances applicable to each party.
Amend the following:
Section 3.1 – with joint agreement of both the City and the Contractor, subject to City Council Approval, which will not be unreasonably withheld.
Add the following:
Section 5.8 – City shall have reasonable use and access to said assets in the event the need arises without material interruption to the operation of the Transfer Station.
Section 7.1 (C) – Continue to maintain and repair existing access roads to the facility, …
Section 8.1 – This section shall not apply in the event that such action by RIDEM, or any other governmental agency or court with jurisdiction over the Facility, orders the cessation of conduct of the operation, due to the direct activities of the Contractor.
Amend the following:
Section 15.1 – This contract may be assignable by upon prior written consent of the other party, which consent shall not be unreasonably withheld.
Section 17.1 - …alterations or improvements deemed necessary for service to the Transfer Station except for asphalt (or suitable top cover).
Exhibit B (1) – 2001 7 Sterling Roll-off Truck w/ 75,000 lbs hoist.
UPON RECOMMENDATION OF THE FINANCE AND CITY PROPERTY COMMITTEES, THE FOLLOWING RESOLUTION IS READ 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.
THE CHAIR RECOGNIZES COUNCILOR BARRY.
With majority consent of the Council, the following motion made by Councilor Barry, seconded by the entire City Council, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Judge John F. McBurney, III, thanking him for his years as Municipal Court Judge and wishing him the best of luck as Superior Court Magistrate.
UPON RECOMMENDATION OF THE REDISTRICTING COMMITTEE, THE FOLLOWING ORDINANCE IS LAID ON THE TABLE AND A PUBLIC HEARING IS SET FOR APRIL 25, 2012:
AN ORDINANCE REDISTRICTING THE COUNCILMANIC DISTRICTS IN THE CITY OF PAWTUCKET.
Upon motion made by Councilor Hodge, seconded by Councilor Chadwick, the meeting is adjourned at 8:46 p.m.