City Council, December 5, 2012
A regular session of the Pawtucket City Council is held Wednesday, December 5, 2012, at 7:02 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – President Moran, Councilors Barros, Barry, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.
Absent – 0.
President Moran presides.
The reading of the records of November 20, 2012, is dispensed with and the records are APPROVED as prepared by the Clerk.
Upon motion made by Councilor Hodge, seconded by Councilor Barros, the *Consent Agenda is APPROVED, on a unanimous voice vote.
*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:
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| | B. Communication from Joanna L’Heureux, Finance Director, to the Honorable Members of the Pawtucket City Council. (Statement of Estimated Realized and Unrealized Revenues for the fiscal period July 1, 2012 through October 31, 2012) |
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| | C. Communication from Terrence Mercer to Mayor Donald R. Grebien. (Resignation from the Pawtucket Parks Commission) |
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| | E. Communication from Joanna L’Heureux, Finance Director, to the Honorable Chairman of the Pawtucket School committee, Alan Tenreiro. (School Legal Invoices) |
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| ** | F. Communication from Antonio J. Pires, Director of Administration, to the Honorable Members of the Pawtucket City Council. (Update regarding Privatization of Trash Pickup) |
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| ** | G. Communication from Lance Hill, PE, Director of Public Works, to Richard J. Goldstein, MMC, City Clerk. (Update regarding Privatization of Trash Pickup) |
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| ** | H. Communication from Antonio J. Pires, Director of Administration, to Richard J. Goldstein, MMC, City Clerk. (Response – Division and Department Heads – Out of Grade Pay) |
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| ** | I. Communication from Antonio J. Pires, Director of Administration, to the Honorable Members of the Pawtucket City Council. (Response – Update regarding Department of Revenue) |
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| | K. Communication from Oakwood Raiders Board Members to the Pawtucket City Council, requesting $5,000 from the Substance Abuse DARE Fund for sponsorship is READ AND ORDERED FILED AND REFERRED TO THE SUBSTANCE ABUSE/DARE FUND COMMITTEE. |
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| | L. Communication from Susan Mara, Senior Planner, to Councilor David P. Moran, President, Pawtucket City Council, submitting the Historic District Commission’s desire to see the Pawtucket City Hall Tower restored and preserved is READ AND ORDERED FILED AND REFERRED TO THE CITY PROPERTY COMMITTEE. |
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| | M. Communication from Gilbert T. Bricault, Real Estate Specialist and Colleen M. Kerr, Chief Real Estate Specialist, RI Department of Transportation, to the Pawtucket City Clerk’s Office, requesting an additional 15 months extension to the temporary construction easements for the Bridge 550 project is READ AND ORDERED FILED AND REFERRED TO THE CITY PROPERTY COMMITTEE. |
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| | N. Communication from His Honor, Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council. (Arts, Culture & Business Commission Ordinance) |
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| | O. AN ORDINANCE ESTABLISHING CHAPTER 120 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ARTS AND CULTURE.” (ARTS, CULTURE AND BUSINESS COMMISSION) IS LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE. |
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| ** | P. Communication from Joanna L’Heureux, Finance Director, to the Honorable Members of the Pawtucket City Council. (Medical and Dental Waivers) |
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| | Q. Communication from Joanna L’Heureux, Finance Director, to Affected Employees. (Medical Insurance Coverage Waiver (“Buy-Back” provisions) payment) |
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| | R. Communication from His Honor, Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council, Recommendation of the Budget Transfer Ordinance for Medical Buybacks) |
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| | S. AN ORDINANCE AUTHORIZING THE TRANSFER OF FUNDS WITHIN THE 2012-2013 ANNUAL OPERATING BUDGET CHAPTER 3001. (Medical Buyback) IS LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE. |
| | A. Communication from Rhode Island Department of Transportation to the Pawtucket City Council (Pawtucket Bridge #550 Updates for November 18-24, 2012 and November 25-December 1, 2012) is READ AND ORDERED FILED. |
THE CHAIR RECOGNIZES COUNCILOR VITALI.
With majority consent of the Council, the following motion made by Councilor Vitali, seconded by Councilors O’Neill and Barry, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Michael Lewis, Director, RI Department of Transportation, expressing the Council’s appreciation for the outstanding job his department is doing on the repairs to the detour roads along the new Pawtucket River Bridge.
The Council praises the department for the quality of the work being done on those detour roads and the responsiveness of the department to the needs of the residents and businesses located on or near them.
| | D. Communication from Shaun R. Logue, Director of Zoning and Code Enforcement, to City Council Members. (Flagpole – McKinnon-Alves Soccer Complex) is READ AND ORDERED FILED. |
THE CHAIR RECOGNIZES COUNCILOR VITALI.
With majority consent of the Council, the following motion made by Councilor Vitali, seconded by Councilors O’Neill and Barry, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to the Muslim Society of Rhode Island, expressing the Council’s gratitude for their donation of the flag pole at 665 Central Avenue to the City for use at the McKinnon-Alves Soccer Complex.
| | J. Communication from Frank J. Milos, Jr., Esq., City Solicitor, to Councilor Lorenzo C. Tetreault. (Response – Labor Arbitration Decisions) is READ AND ORDERED FILED. |
THE CHAIR RECOGNIZES COUNCILOR BARRY.
With majority consent of the Council, the following motion made by Councilor Barry, on behalf of Council President Moran, 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, requesting a quarterly report beginning in 2013 regarding the number of grievances filed against the City, the number of wins and losses and the cost of those losses. The Council would also like the cost of all grievance losses in his current communication.
THE CHAIR RECOGNIZES COUNCILOR O’NEILL.
With majority consent of the Council, Councilor O’Neill discusses putting the following resolution on the December 14, 2012 Council docket for a vote:
RESOLUTION TO PLACE ON THE NOVEMBER 4, 2014 BALLOT AN AMENDMENT TO THE PAWTUCKET HOME RULE CHARTER (Four Year Terms for Mayor, Council, and School Committee and Setting Term Limits)
The motion by Councilor O’Neill, seconded by Councilor Barros, to place the following resolution on the December 14, 2012 Council docket is DEFEATED on a roll call vote, as follows:
AYES – Councilors Barros, O’Neill, and Vitali.
NOES - President Moran, Councilors Barry, Chadwick, Hodge, Tetreault, and Wildenhain.
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 Pawtucket Parks Commission for confirmation:
PAWTUCKET PARKS COMMISSION
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, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.
NOES - 0.
Sheryl Rennick, 71 Pine Grove Street, Pawtucket, RI 02861. Term to commence on January 2013 and expires January, 2016
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 Paul King, Chief of Police, asking that the police strictly enforce the parking laws in the vicinity of South Bend Street near the Agnes Little School. The Council is asking for a report on this matter.
Communication from His Honor, Mayor Donald R. Grebien to the Honorable Members of the Pawtucket City Council, submitting the following reappointment as a member of the Juvenile Hearing Board 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, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.
NOES - 0.
Diane C. Dufresne, 60 Summit Street, Pawtucket, RI 02860. Term expires the first Monday in December 2015.
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
With majority consent of the Council, the following motion made by Councilor Wildenhain, seconded by Councilor Barry, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Michael E. Burns, Traffic Engineering Supervisor, requesting that he provide to the Council the cost of Radar Speed Display signs.
Communication from His Honor, Mayor Donald R. Grebien to the Honorable Members of the Pawtucket City Council, submitting the following reappointment as a member of the Juvenile Hearing Board 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, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.
NOES - 0.
Patricia Martinez, 142 Oakland Avenue, Pawtucket, RI 02861. Term expires the first Monday in December 2015.
Communication from His Honor, Mayor Donald R. Grebien to the Honorable Members of the Pawtucket City Council, submitting the following reappointment as a member of the Juvenile Hearing Board 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, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.
NOES - 0.
Gail M. Jenard, 405 Grotto Avenue, Pawtucket, RI 02860. Term expires the first Monday in December 2015.
Communication from His Honor, Mayor Donald R. Grebien to the Honorable Members of the Pawtucket City Council, submitting the following reappointment as a member of the Juvenile Hearing Board 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, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.
NOES - 0.
John Ward, 11 King Phillip Road, Pawtucket, RI 02861. Term expires the first Monday in December 2015.
Communication from His Honor, Mayor Donald R. Grebien to the Honorable Members of the Pawtucket City Council, submitting the following reappointment as a member of the Juvenile Hearing Board 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, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.
NOES - 0.
Michael D. Maher, 80 Spring Street, Pawtucket, RI 02860. Term expires the first Monday in December 2015.
*THE FOLLOWING PETITIONS FOR LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
VICTUALLING HOUSE New –
Carrosco Corp., d/b/a Panal, 97 Lonsdale Ave., LIC#8563
New England Catering Service LLC d/b/a Bufords Family Restaurant, (prev. StepJen Enterprises LLC d/b/a Buford’s) 474 Pawtucket Avenue, LIC#8550
VICTUALLING HOUSE Renewal –
Archie's Pizza Restaurant Inc., d/b/a Archie's Pizza Restaurant, 1479 Newport Ave. LIC#3379
Arda Corp d/b/a Next Bite Pizza & Grill, 350 Prospect St. LIC#5125
Browsur Inc., d/b/a Olly’s Pizza, 148 Broad St. LIC#3761
Cosme, Anilton A d/b/a Cultura Restaurant, 200 Mineral Spring Ave. LIC#7911
Costa, Francisco d/b/a Costa Wellness Club, 949 Main St. LIC#7899
Dernikos, Connie d/b/a Connie's Restaurant, 526 Pawtucket Ave. LIC#3434
Happy Food Production LLC d/b/a Wild Flour Bakery Café, 727 East Ave. LIC#5971
Kakisis, Peter d/b/a Pawtucket House of Pizza, 398 Smithfield Ave. LIC#3481
Lemieux, Rhonda d/b/a Diva’s Sweet Treats Cupcakery, 508 Armistice Blvd., LIC#7991
Lion Pizza Inc., d/b/a Pawtucket Lion Pizza, 197 Mineral Spring Ave. LIC#3726
Lopez and Rodrigues Associates, RIGP, d/b/a Ramon’s Pizza, 171 Pawtucket Ave. LIC#6030
M & R Convenience Inc., d/b/a M & R Convenience Store, 191 Pawtucket Ave. LIC#7930
Makin Central Inc. d/b/a Li Lai Wok, 643 Central Ave., LIC#7498
Munschy, Kenneth C. d/b/a Li'l General Store, 556 Central Ave. LIC#3509
Papa Joe’s Wrap Shack Inc., d/b/a Julia’s Café, 573 Armistice Blvd. LIC#5011
Patricio, Ernest d/b/a Subway, 614 Pawtucket Ave. LIC#3932
V & S Farm Inc., d/b/a Gulf Express, 694 Broadway, LIC#4835
Zheng, Feng d/b/a Golden Lilai Restaurant, 904 Main St. LIC#5471
TAVERN (SECOND CLASS) RENEWAL
JMS Properties LLC d/b/a The Armistice House, 422 Armistice Blvd. LIC#4095
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Barbara Lagerstrom - $110.00/$137.99
Debra Zaino - $208.67
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.
Stephen Appiah – $3,583.45 – No future sewer claims will be considered until the claimant puts in a back-flow or check valve on his property.
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:
Maria Aguiar by Kevin J. Holley, Esq. – No Amount Specified
Steven Feigin by Jennifer Sylvia, Esq. – No Amount Specified
Pamela Lopez by Thomas R. Ricci – No Amount Specified
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:
Philip Pascucci - $11,659.47
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE PAWTUCKET WATER SUPPLY BOARD, ON A UNANIMOUS VOICE VOTE:
Katherine Daniels - $79.13-$87.31
Miguel S. Gomes - $150.00
William Bishop - $4,596.00
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS REFERRED TO THE PAWTUCKET SCHOOL DEPARTMENT, ON A UNANIMOUS VOICE VOTE:
Pamela Bradley - $561.36
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.
Pawtucket Firefighters (Group of Retired) by Carly Beauvais Iafrate, Esq. - $50,000.00
THE CHAIR RECOGNIZES COUNCILOR BARRY.
With majority consent of the Council, the following motion made by Councilor Barry, on behalf of Council President Moran, seconded by Councilor Hodge, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Antonio J. Pires, Director of Administration, regarding the Special Economic Project Coordinator. The Council is asking what his responsibilities were and what where his successes and failures.
BY ORDER OF COUNCIL PRESIDENT MORAN.
The Clerk is instructed to prepare and send a press release to the Providence Journal, the Pawtucket Times, the Valley Breeze, and Providence En Espanol, asking for resumes and letters for the position of the Associate Municipal Court Judge position. He is asking that the letters be sent to Council President David P. Moran and that all responses be provided by December 23, 2012.
Council President Moran asks that an application review committee be established with Councilor Barry (Chair), Council President Moran and Councilor Tetreault.
Upon motion made by Councilor Hodge, seconded by Councilor Barry, the meeting is adjourned at 8:31 p.m.