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A regular session of the Pawtucket City Council is held Wednesday, December 6, 2017, at 8:12 p.m., in the City Council Chambers, City Hall,
Present – President Moran, Councilors Barry, Cano, Kallman, Mercer, Rudd, Tetreault, Vitali and Wildenhain.
Absent – 0.
President Moran presides.
THE CHAIR RECOGNIZES COUNCILOR RUDD.
Upon motion made by Councilor Rudd, seconded by Councilor Barry, the agenda is amended to include the following communication:
028 Communication from Senator Donna M. Nesselbush, Deputy Majority Leader, to the Honorable Members of the Pawtucket City Council. (Opposition to Transfer Station)
Upon motion made by Councilor Rudd, seconded by Councilor Barry, the following communication is READ FOR THE RECORD AND ORDERED FILED:
Communication from
UPON UNANIMOUS CONSENT OF THE COUNCIL, THE COUNCIL TAKES UP THE FOLLOWING RESOLUTION AT THIS TIME:
RESOLUTION URGING MAYOR DONALD R. GREBIEN TO TAKE NO ACTION AIMED AT ADVANCING THE CONCORD STREET TRANSFER STATION PROJECT AT THIS TIME.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES –
NOES - 0.
588 RESOLUTION URGING MAYOR DONALD R. GREBIEN TO TAKE NO ACTION AIMED AT ADVANCING THE CONCORD STREET TRANSFER STATION PROJECT AT THIS TIME.
THE COUNCIL RECESSES AT 8:42 P.M. TO CONVENE AS THE BOARD OF LICENSE COMMISSIONERS.
THE COUNCIL RECONVENES AT 9:09 P.M.
The reading of the records of November 21, 2017 is dispensed with and the records are APPROVED as prepared by the Clerk.
Upon motion made by Councilor Mercer, seconded by Councilor Barry the *Consent Agenda is APPROVED, on a unanimous voice vote.
*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:
| 028 | A. Communication from Providence State Senator Maryellen Goodwin, to the Honorable Members of the Pawtucket City Council. (Opposition to Transfer Station) |
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| 590 | B. Communication from His Honor, Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council. (Transfer Station) |
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| 590 | C. Communication from His Honor, Mayor Donald R. Grebien, to the RI Department of Health. (Memorial Hospital) |
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| 590 | D. Communication from His Honor, Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council. (Second Community Meeting on Memorial Hospital) |
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| 590 | E. Communication from His Honor, Mayor Donald R. Grebien, to Representative Marvin L. Abney, Chair of the House Finance Committee and Senator William J. Conley, Jr., Chair of the Senate Finance Committee. (Development around Ballpark at Slater Mill) |
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| ** 613 | F. Communication from Frank J. Milos, Jr., City Solicitor, to Councilor Sandra S. Cano. (Response - Firefighter Contract Arbitration) |
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| | H. Communication from Robert W. Burns, Tax Assessor, to Council President David P. Moran & the Honorable Members of the Pawtucket City Council, submitting a ten (10) year tax stabilization application for 211 Columbus Ave Associates LLC, 211 Columbus Avenue, AP33 L811 – IS REFERRED TO THE FINANCE COMMITTEE. |
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| | I. AN ORDINANCE IN AMENDMENT OF CHAPTER 116 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ANIMALS” (Maximum Number of Animals Allowed at a Kennel) IS LAID ON THE TABLE AND REFERRED TO THE ANIMAL CONTROL COMMITTEE. |
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| | J. AN ORDINANCE REPEALING AND REPLACING THE SCHEDULE OF PAY RATES FOR UNCLASSIFIED NON-UNION POSITIOINS IN §88-12 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, (Constituent Liaison) SUBSTITUTE A – IS LAID ON THE TABLE WITH THE RECOMMENDATION OF THE FINANCE COMMITTEE. |
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| | K. THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS: Imer Martinez - $214.00 John B. Miller, by Rob Levine & Associates – No Amount Specified Mary R. Monroy – No Amount Specified Verizon, by Randall S. Fudge, P.C. - $334.40 Resubmitted |
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| ** | TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY, NO OTHER ACTION TAKEN. |
| 613 | G. Communication from Frank J. Milos, Jr., City Solicitor, to the Honorable Members of the Pawtucket City Council. (Response – Pawtucket Transfer Station) is READ AND ORDERED FILED. |
THE CHAIR RECOGNIZES COUNCILOR RUDD.
With majority consent of the Council, the following motion made by Councilor Rudd, seconded by Councilor Barry, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Frank J. Milos, Jr., City Solicitor, requesting that he site the section of the Zoning Ordinance that allows for both a private garbage transfer station and a private C and D transfer station. The Council is specifically referencing the 2008 Supreme Court ruling by Judge Flaherty that disallows a C and D transfer station, and is asking how the proposed transfer station on Concord Street would be allowed.
The Clerk is further instructed to forward to Frank J. Milos, Jr., City Solicitor, the letter from RI DEM on the State Regulations and Compliance Certification, which they stated needs to be approved by both the Mayor and the City Council, and requests clarification on Mr. Milos’ response that the Mayor does not need the Council’s approval for the RI DEM permit.
The Clerk is further instructed to send a communication to Mr. Calcagni of Link Environmental, requesting for the second time how much money Link Environmental has invested in the current Grotto Street Transfer Station Property to improve and keep up the facility.
The Clerk is further instructed to send a communication to the administration, requesting where the renewal of the current transfer station agreement, which expired in April of 2017, is. The Council asks what contract have they been operating under since the expiration and when the renewal will be sent to the City Council for approval?
The Clerk is further instructed to send a communication to Joanna L’Heureux, Director of Finance, requesting a breakdown showing how many times in the last five (5) years Link Environmental was late on their monthly lease payment and how much money they owe the City in Liquidated Damages.
609 Communication from Jason Mazzola, Engineering Supervisor, Distribution Design, National Grid, to the Honorable Members of the Pawtucket City Council, requesting to install a new pole on Mendon Avenue at Hunts Avenue, IS READ AND ORDERED FILED AND IS APPROVED PENDING THE APPROVAL OF THE DIRECTOR OF PUBLIC WORKS.
UPON RECOMMENDATION OF THE CITY PROPERTY COMMITTEE, THE FOLLOWING RESOLUTION IS READ AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES –
NOES - 0.
588 RESOLUTION OF THE CITY COUNCIL AUTHORIZING AN EASEMENT WITH THE HOUSING AUTHORITY OF THE CITY OF PAWTUCKET.
The following ordinance is read for the SECOND time and PASSED on a roll call vote, as follows:
AYES –
NOES - 0.
330 AN ORDINANCE REPEALING AND REPLACING THE SCHEDULE OF PAY RATES FOR HEADS OF DEPARTMENTS IN SECTION §88-12 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996. (Director & Deputy Director of Administration and Delete: Chief of Staff)
UPON RECOMMENDATION OF THE FINANCE AND ORDINANCE COMMITTEES, THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES –
NOES - 0.
AN ORDINANCE ESTABLISHING THE “PAWTUCKET PERCENT FOR PUBLIC ART”
UPON RECOMMENDATION OF THE FINANCE AND ORDINANCE COMMITTEES, THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES –
NOES - 0.
AN ORDINANCE IN AMENDMENT OF CHAPTER 363 ARTICLE XX OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “TAXATION” (Tax Stabilization for Pawtucket Percent for Public Art Projects)
THE CHAIR RECOGNIZES COUNCILOR TETREAULT.
With majority consent of the Council, the following motion made by Councilor Tetreault, seconded by Councilor Rudd, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to William Sisson, Fire Chief; Patricia DiCenso, Superintendent of Schools; and Gerard A. Charbonneau, Chair, Pawtucket School Committee, requesting that they attend a Public Safety Committee meeting in January regarding the changes in the way the Fire Department evaluates the bulletin boards and display cases in the elementary schools.
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 –
NOES - 0.
AN ORDINANCE ADDING CHAPTER 200 OF THE CODE OF ORDINANCES OF THE CITY OF
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 –
NOES - 0.
AN ORDINANCE ADDING CHAPTER 156 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “BUSINESS DELIVERIES” (HOURS RESTRICTED)
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE LEGAL DEPARTMENT/RHODE ISLAND INTERLOCAL TRUST FOR FURTHER REVIEW, ON A UNANIMOUS VOICE VOTE:
CJ Almeida by Thomas E. Badway & Associates, LLC – No Amount Specified
Elizabeth M. Oliver - $4,593.11
Antoinette Thompson by Travis J. DeCosta, Esq. – No Amount Specified
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS REFERRED TO THE LEGAL DEPARTMENT FOR FURTHER REVIEW, ON A UNANIMOUS VOICE VOTE:
Maribel Davila - $609.33/$948.92
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE DENIED AND REFERRED TO CARDI CORPORATION, ON A ROLL CALL VOTE, AS FOLLOWS:
Cindy Mendes - $173.27
Sean Sheldon – No Amount Specified
Steven O’Neil by Hanover Insurance Group - $2,030.55
Steven O’Neil by Hanover Insurance Group - $287.90 car rental
Upon motion made by Councilor Mercer, seconded by Councilor Barry, the meeting is adjourned at 9:31 p.m.