City Council, September 5, 2012
A regular session of the Pawtucket City Council is held Wednesday, September 5, 2012, at 7:15 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 August 22, 2012 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 18-25, 2012 and August 26 – September 1, 2012) |
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| ** | B. Communication from His Honor, Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council. (Appointing Barney S. Heath as Director of Planning and Redevelopment) |
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| | C. Communication from Paul C. Mowrey, President, Preservation Society of Pawtucket, to David P. Moran, Council President. (Resolutions regarding the City Hall Tower and the Historic Tax Exemption) |
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| | D. Communication from Jeannine S. Bourski, Deputy Finance Director, to Mayor Donald R. Grebien. (Uniform Overtime FY13) |
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| | E. Communication from David Clemente, Purchasing Agent, to the Honorable Members of the Pawtucket City Council. (Emergency Purchases – March, April, May, June & July, 2012) |
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| ** | F. Communication from John W. Hanley, Acting Director, Zoning and Code Enforcement, to the Honorable Members of the Pawtucket City Council. (Response - Vacant/Abandoned Properties List) |
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| | G. Communication from Antonio J. Pires, Director of Administration, to Richard J. Goldstein, MMC, City Clerk. (Response – Final Report of the Ad Hoc Pension Committee) |
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| ** | H. Communication from Lance Hill, Director of Public Works, to Richard J. Goldstein, City Clerk. (Response – Status Report on the Privatization of Trash) |
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| | I. Communication from Barney S. Heath, Acting Director, Planning & Redevelopment, to the Honorable City Council, submitting an agreement with the Rhode Island Department of Transportation for the Exchange Street Local Public Agency Project. is READ AND ORDERED FILED AND REFERRED TO THE CITY PROPERTY COMMITTEE. |
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| | J. Draft Ordinance from Providence regarding Foreclosed and Abandoned Property Registration, Security and Maintenance is READ AND ORDERED FILED AND REFERRED TO THE ORDINANCE COMMITTEE. |
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| | K. Communication from Antonio J. Pires, Director Administration, to the Honorable City Council (Health Benefits – Domestic Partners) is READ AND ORDERED FILED AND REFERRED TO THE FINANCE COMMITTEE |
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| | L. Communication from Margaret-Mary Hovarth, Esq., representing Samuel J. Ladd House, LLC, to the Members of the City Council (Removal of 75 Park Place from Historic District) is READ AND ORDERED FILED AND REFERRED TO THE ORDINANCE COMMITTEE |
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| ** | TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY, NO OTHER ACTION TAKEN. |
AN INFORMAL HEARING ON THE FOLLOWING LICENSE RENEWALS, WHICH WERE LAID ON THE TABLE AT THE MEETINGS HELD APRIL 11 & 25, MAY 9 & 23, JUNE 6 & 20, & AUGUST 8, 2012, IS TAKEN UP:
AUTOMOBILE REPAIR SHOP AND SECOND HAND SHOP LICENSES (CLASS A & B) (Selling used automobiles and parts) (Renewals)
RZG Inc., d/b/a Tiki’s Auto Sales, 66 Hilton St. LIC#4887 #4891
RZG Inc., d/b/a Tiki’s Auto Sales Annex, 772 Main St. LIC#5071 #5091
Present on behalf of RZG Inc., d/b/a Tiki’s Auto Sales & Tiki’s Auto Sales Annex are the following:
Helena Soares, President, 90 Orchard Street, East Providence, RI.
Roberto Garcia, Manager, 90 Orchard Street, East Providence, RI.
Mr. Garcia states that he bought this property three years ago and a year later they got the license. They are finishing repairs to the property. They currently conduct auto sales and repairs.
Mr. Garcia states that they park the cars in the garages, but can’t repair in the back of the building because of the condition of the building. He states that some cars in the back are junk cars.
Regarding the current criminal charges pending, Mr. Garcia explains that their mechanic bought a car and repaired it and sold it to Mr. Garcia and Ms. Soares. They then sold the car, not knowing that it was stolen.
Ms. Soares provide a letter from her attorney regarding the criminal case.
Mr. Garcia states that on the front side of the building they will remove the awning and in the back they have fixed the bricks and will repair the roof and add doors. The plan is for the people to drive onto the lot off Hilton Street.
There are no other speakers. The Informal Hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR BARROS.
Upon motion made by Councilor Barros, seconded by Councilors Barry and O’Neill, the following licenses are LAID ON THE TABLE UNTIL OCTOBER 10, 2012:
AUTOMOBILE REPAIR SHOP AND SECOND HAND SHOP LICENSES (CLASS A & B) (Selling used automobiles and parts) (Renewals)
RZG Inc., d/b/a Tiki’s Auto Sales, 66 Hilton St. LIC#4887 #4891
RZG Inc., d/b/a Tiki’s Auto Sales Annex, 772 Main St. LIC#5071 #5091
THE CHAIR RECOGNIZES COUNCILOR VITALI.
With majority consent of the Council, the following motion made by Councilor Vitali, seconded by Councilors Hodge and Tetreault, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Lance Hill, PE, Director of Public Works, asking if the City has a stockpile of mulch that could be used to make improvements at the Cunningham School playground.
THE CHAIR RECOGNIZES COUNCILOR VITALI.
With majority consent of the Council, the following motion made by Councilor Vitali, seconded by Councilor Hodge, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to United States Senators Jack Reed and Sheldon Whitehouse, and United States Congressman David Cicilline, asking if there is currently a federal program that provides or helps to provide American flags to school districts. Councilor Vitali was approached by school officials about the poor condition of many American flags in the classrooms and outside on school property.
COUNCILOR BARRY LEAVES THE CHAMBERS AT 7:46 P.M.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Moran, Councilors Barros, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.
NOES - 0.
COUNCILOR BARRY RETURNS TO THE CHAMBERS AT 7:48 P.M.
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, Councilor Barry introduces the following items:
Communication from Joanna L’Heureux, Finance Director, to David P. Moran, President, Pawtucket City Council. (Police & Fire Pension Plan Experience Study Results – “New Plan”)
RESOLUTION ADOPTING THE RECOMMENDED REVISED ACTUARIAL ASSUMPTIONS AND A TWENTY-NINE YEAR CLOSED FUNDING SCHEDULE AS NOTED IN THE MARCH 2012 EXPERIENCE STUDY COMPLETED BY STONE CONSULTING INC. ON THE POLICE AND FIRE PENSION PLAN
Upon motion made by Councilor Barry, seconded by Councilor Hodge, the following matters are REFERRED TO THE FINANCE COMMITTEE on a unanimous voice vote:
Communication from Joanna L’Heureux, Finance Director, to David P. Moran, President, Pawtucket City Council. (Police & Fire Pension Plan Experience Study Results – “New Plan”)
RESOLUTION ADOPTING THE RECOMMENDED REVISED ACTUARIAL ASSUMPTIONS AND A TWENTY-NINE YEAR CLOSED FUNDING SCHEDULE AS NOTED IN THE MARCH 2012 EXPERIENCE STUDY COMPLETED BY STONE CONSULTING INC. ON THE POLICE AND FIRE PENSION PLAN
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Moran, Councilors Barros, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.
NOES – Councilor Barry.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, the following motion made by Councilor Hodge, seconded by Councilors Barros and Wildenhain, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Governor Lincoln D. Chafee, Senate President M. Teresa Paiva Weed, and Speaker of the House Gordon D. Fox, regarding state aid to cities and towns. Noting that when the State was running deficits, state aid was cut dramatically, resulting in several cities and towns ending their fiscal years with deficits. Now that the State has ended fiscal year 2012 with a $115 million surplus, the City Council is requesting that a fixed share of those surplus funds be provided to cities and towns to be used solely for deficit reduction.
The following ordinance is read for the SECOND time and PASSED on a roll call vote, as follows:
AYES – President Moran, Councilors Barros, Barry, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.
NOES – Councilor Chadwick.
2990 3008 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET FOR CLASSIFIED NON-UNION POSITIONS. (POLICE ADMINISTRATIVE ASSISTANT) 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 Barros, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Doug McVay, Chief, US Department of Environmental Management, Office of Air Resources, requesting a status report on the air quality testing done at Key Container, 21 Campbell Street. The Council would like to know when the results of that testing will be available for their review, so that any necessary action needed to alleviate any problems in that neighborhood may be taken as soon as possible.
The following ordinance is read for the SECOND time and PASSED on a roll call vote, as follows:
AYES – President Moran, Councilors Barros, Barry, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.
NOES – Councilor Chadwick.
THE FOLLOWING ORDINANCE, RETURNED BY THE FINANCE COMMITTEE WITH THE RECOMMENDATION FOR APPROVAL, WAS LAID ON THE TABLE AT THE MEETING HELD AUGUST 8, 2012, AND IS AGAIN LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
AN ORDINANCE IN AMENDMENT OF CHAPTER 63 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, ENTITLED “PERSONNEL POLICIES” (Payment in Lieu of Medical/Dental Benefits)
*THE FOLLOWING PETITIONS FOR LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
BINGO Renewal –
Darlington Braves Inc., d/b/a Darlington Braves, 92 East Ave., (Sundays 4:00 p.m. – 10:00 p.m.) LIC#3078
ENTERTAINMENT –
Petition of The Samaritans Inc. to conduct a 35th Anniversary Celebration, in the Park on Park Place, on Friday, September 28, 2012 from 6:00 p.m. until 10:30 p.m., LIC#8421
Petition of Saint Raphael Academy to conduct a Jazz and Pop Night Fundraiser for Parents at Alumni Hall, 194 Walcott Street, on Saturday, November 17, 2012 from 7:00 p.m. until 11:00 p.m., LIC#8409
Petition of RI Lesbian & Gay Pride to conduct a RI Pride Honors Fundraiser at the Hope Artiste Village Greenhouse, 1005 Main Street, on Sunday, October 7, 2012 from 7:00 p.m. until 9:30 p.m., LIC# 8405
Petition of the Holy Family Parish to conduct a Fundraiser at 195 Walcott Street, on Saturday, September 22, 2012 from 9:00 p.m. until 1:00 a.m., LIC# 8426
Petition of Tacos Don Nacho to conduct an Anniversary Celebration at 234 Barton Street, on Sunday, September 16, 2012 from 3:00 p.m. until 7:30 p.m., LIC#8433
Petition of MVP Sports Pub and Restaurant, LTD, 223 Newport Avenue to have Acoustic Music on Friday, September 7, 2012, and Friday, September 14, 2012 from 8:00 p.m. until 12:00 a.m., LIC#
SANDWICH BOARD SIGN New –
The Origami Bonsai Co., 595 Mineral Spring Ave, Building E, Unit 2, (1), LIC#8404
WASTE HAULER Renewals –
Discount Disposal, 19C Buck Hill Road, Johnston, RI, LIC#3351
Waste Haulers, LLC, 1 Starline Way, Cranston, RI, LIC#5209
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Stephen Appiah – approximately $7166.89 pending receipts/estimates.
Philip Pascucci - $11,659.47
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.
Kerry Dean - $26.72
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.
David Sklarski - $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.
Joan Munz – $2,652.72
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.
Laurie Beck - $300.00
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.
Warren Verdi - $199.39
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.
Aicha Ly and Anna Sidibe by Metlife Auto & Home - $2,990.88
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.
Kevin Bessette - $941.35-$998.39
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:
Ramiro Ricaurte – by Allstate Insurance - $6,000.00
Ramiro Ricaurte - $23,705.70
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS REFERRED TO THE PAWTUCKET WATER SUPPLY BOARD, ON A UNANIMOUS VOICE VOTE:
Mary Grigas - $162.07
THE CHAIR RECOGNIZES COUNCILOR BARROS.
With majority consent of the Council, the following motion made by Councilor Barros, 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 Lance Hill, PE, Director of Public Works, requesting a status report on the master list being prepared for road repairs. The Council would like to know when the list will be ready and how the roads will be prioritized.
President Moran requested that the portion of Cottage that was not resurfaced recently be made a priority on the list. Councilor Chadwick requested that Reservoir Avenue also be made a priority.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, the following motion made by Councilor Hodge, seconded by Councilor Barros, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Antonio J. Pires, Director of Administration, requesting a breakdown by each of the city’s unions on the number of arbitration cases currently pending and the number that have been settled since July 1, 2012.
Upon motion made by Councilor Barros, seconded by the Entire City Council, the meeting is adjourned in memory of David Greenwood at 8:15 p.m.