City Council, March 6, 2019

 

 

A regular session of the Pawtucket City Council is held Wednesday, March 6, 2019, at 7:10 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI. 

 

Present – President Moran, Councilors Araujo, Barry, Kallman, Mercer, Rudd, Vasquez, Vitali and Wildenhain.

 

Absent – 0.

 

President Moran presides.

 

The reading of the records of the February 20, 2019 City Council and the Snow Removal Committee meetings, and the February 27, 2019 City Council and Committee of the Whole meetings is dispensed with and the records are APPROVED as prepared by the Clerk.

 

Upon motion made by Councilor Mercer, seconded by Councilor Araujo, the *Consent Agenda is APPROVED, on a unanimous voice vote.

 

*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:

 

630      C.     Communication from Robert W. Burns, Tax Assessor, to the Honorable Members of the Pawtucket City Council.  (Auto, Real Estate and Tangible Tax Abatements for October, November and December, 2018)

           

            D.     RESOLUTION AUTHORIZING THE ABATEMENT OF TAXES FOR AUTOMOBILE, REAL ESTATE AND TANGIBLE PERSONAL PROPERTY FOR OCTOBER, NOVEMBER AND DECEMBER 2018 IN THE TOTAL AMOUNT OF $93,188.06 – IS REFERRED TO THE FINANCE COMMITTEE.

           

028      E.      Communication from Claudio Reynoso, Jonoso Company LLC, to the Honorable Members of the Pawtucket City Council, requesting the abandonment of an undeveloped portion of Manuel Street – IS REFERRED TO THE CITY PROPERTY COMMITTEE.

           

            F.      THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:

Stephanie Casey - $181.77

Wilfredo Alvarado Fernandez, by Frank L. Orabona, Jr. Esq. - $1,000,000

Alicia Parker, by John S. Coughlin, Esq. – No Amount Specified

Oscar Tassone - $1,200 + Tax

Adashereen Wilcox - $425.00

 

 

028      A.     Communication from Scott Avedisian, Chief Executive Officer, RIPTA, to His Honor, Mayor Donald R. Grebien.  (Presentation on RIPTA Services) is READ AND ORDERED FILED.

 

THE CHAIR RECOGNIZES COUNCILOR KALLMAN.

 

With majority consent of the Council, the following motion made by Councilor Kallman, seconded by Councilor Barry, is PASSED on a unanimous voice vote:

 

The Clerk is instructed to send a communication to Scott Avedisian, Chief Executive Officer, RIPTA, and to Dylan Zelazo, Director of Administration, requesting that a Pre-Council meeting be scheduled to discuss RIPTA services in the Pawtucket area.

 

 

613      B.     Communication from Frank J. Milos, Jr., Esq., City Solicitor, to the Honorable Members of the Pawtucket City Council.  (Response - Transfer Station – Liquidated Damages and Remedial Costs) 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., Esq., City Solicitor, asking three questions stemming from his March 1, 2019 response to the Council regarding the transfer station – liquidated damages and Remedial costs.

 

1.     In his letter Mr. Milos states that the access road to the transfer station was needed because of the substantial increase in traffic and wear and tear on the roads in and around the facility when the minimum throughput increases from 450 tons per day to 2,000 ton per day.  The question is if it was the intention to invoke the building of the access road only if the facility was licensed to accept 2,000 tons per day, why wasn’t the clause in the lease written to reflect that.

2.     At what council meetings or in what correspondence can Mr. Milos show that this was the intention regarding the building of the access road?

3.     In his letter Mr. Milos states that Waste Haulers indicated that the existence of wetlands made construction of the access road financially impracticable.  The council’s question is didn’t the city and the vendor have knowledge that there were wetlands there and if not, why not?  Who didn’t do their due diligence on this?

 

 

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 Joel Votolato, Esq. requesting a legal opinion on the same questions Mr. Milos responded to regarding the Grotto Avenue transfer station.

 

1.     Does the City have a basis to file suit against Link Environmental, LLC in order to collect liquidated damages due to Link not constructing an access road to Concord Street?

2.     Does Link Environmental and/or the current lessee of the Transfer Station have a legal obligation, under the lease agreement, to share in the cost of any of the remedial work necessary for the City to continue operations at the Grotto Avenue facility?

 

 

THE CHAIR RECOGNIZES COUNCILOR MERCER.

 

Upon motion made by Councilor Mercer, seconded by Councilor Barry, the agenda is amended to include the following communication on a unanimous voice vote:

 

1       Communication from Tina Goncalves, Chief of Police and Acting Public Safety Director, to Mayor Donald R. Grebien.  (Fire Station 3 Renovations and Improvements)

 

Upon motion made by Councilor Mercer, seconded by Councilor Barry, the following communication is READ AND ORDERED FILED:

 

Communication from Tina Goncalves, Chief of Police and Acting Public Safety Director, to Mayor Donald R. Grebien.  (Fire Station 3 Renovations and Improvements)

 

 

 

THE CHAIR RECOGNIZES COUNCILOR RUDD.

 

Upon motion made by Councilor Rudd, seconded by Councilor Kallman, the agenda is amended to include the following communication on a unanimous voice vote:

 

028   Communication from Lori Barden, 29 Cherry Street, to the Honorable Members of the Pawtucket City Council.  (Transfer Station, Sidewalk Shoveling, Snow Plowing)

 

Upon motion made by Councilor Rudd, seconded by Councilor Kallman, the following communication is READ AND ORDERED FILED:

 

Communication from Lori Barden, 29 Cherry Street, to the Honorable Members of the Pawtucket City Council.  (Transfer Station, Sidewalk Shoveling, Snow Plowing)

 

 

 

THE FOLLOWING RESOLUTION IS TAKEN UP:

 

RESOLUTION AUTHORIZING THE CITY OF PAWTUCKET TO EXTEND THE OPERATING LEASE WITH WASTE CONNECTIONS US, INC., FOR THE GROTTO AVENUE TRANSFER STATION.

 

THE CHAIR RECOGNIZES COUNCILOR BARRY.

 

Upon motion made by Councilor Barry, seconded by Councilors Vitali and Wildenhain, the following amendment to the above entitled resolution is introduced, on a unanimous voice vote:

 

Amend the following:

 

WHEREAS,    the City is in the process of seeking a renewal of their transfer station license from the RI Department of Environmental Management (RIDEM) to keep the transfer station operating and that an improvement plan will be provided to the Pawtucket City Council for review by June 30, 2019; and

 

WHEREAS,    the City is considering an additional extension to provide an opportunity to contemplate the long-term future of the transfer station based on the results of the license renewal and other pertinent factors, and that an update on all such factors shall be provided to the Pawtucket City Council for consideration by September 30, 2019.

 

NOW, THEREFORE, BE IT RESOLVED, THAT THE PAWTUCKET CITY COUNCIL DOES HEREBY AUTHORIZE THE CITY TO EXTEND THE OPERATING LEASE WITH WASTE CONNECTIONS US, INC., FOR THE GROTTO AVENUE TRANSFER STATION, THROUGH (DATE TO BE DETERMINED) DECEMBER 31, 2019.

 

Upon motion made by Councilor Barry, seconded by Councilors Vitali and Wildenhain, the following amendment is read and PASSED on a roll call vote, as follows:

 

AYES – President Moran, Councilors Araujo, Barry, Mercer, Vasquez, Vitali and Wildenhain.

 

NOES – Councilors Kallman and Rudd.

 

 

Amend the following:

 

WHEREAS,    the City is in the process of seeking a renewal of their transfer station license from the RI Department of Environmental Management (RIDEM) to keep the transfer station operating and that an improvement plan will be provided to the Pawtucket City Council for review by June 30, 2019; and

 

WHEREAS,    the City is considering an additional extension to provide an opportunity to contemplate the long-term future of the transfer station based on the results of the license renewal and other pertinent factors, and that an update on all such factors shall be provided to the Pawtucket City Council for consideration by September 30, 2019.

 

NOW, THEREFORE, BE IT RESOLVED, THAT THE PAWTUCKET CITY COUNCIL DOES HEREBY AUTHORIZE THE CITY TO EXTEND THE OPERATING LEASE WITH WASTE CONNECTIONS US, INC., FOR THE GROTTO AVENUE TRANSFER STATION, THROUGH (DATE TO BE DETERMINED) DECEMBER 31, 2019.

 

 

The following resolution is read, AS AMENDED, and PASSED on a roll call vote, as follows :

 

AYES – President Moran, Councilors Araujo, Barry, Mercer, Vasquez, Vitali and Wildenhain.

 

NOES – Councilors Kallman and Rudd.

 

588   RESOLUTION AUTHORIZING THE CITY OF PAWTUCKET TO EXTEND THE OPERATING LEASE WITH WASTE CONNECTIONS US, INC., FOR THE GROTTO AVENUE TRANSFER STATION, AS AMENDED.

 

 

THE CHAIR RECOGNIZES COUNCILOR RUDD.

 

Upon motion made by Councilor Rudd, seconded by Councilor Barry, the following resolution is WITHDRAWN on a unanimous voice vote:

 

RESOLUTION INSTRUCTING THAT THE CURRENT OPERATIONS AT THE BLACKSTONE VALLEY REGIONAL TRANSFER STATION BE DISCONTINUED AND ALL REFUSE BE TEMPORARILY HAULED DIRECTLY TO THE JOHNSTON LANDFILL UNTIL THE CITY OF PAWTUCKET CAN MAKE THE NECESSARY IMPROVEMENTS TO THE PROPERTY AS INSTRUCTED BY RI DEPARTMENT OF ENVIRONMENTAL MANAGEMENT.

 

 

 

The following ordinance is read for the SECOND time and PASSED on a roll call vote, as follows:

 

AYES – President Moran, Councilors Araujo, Barry, Kallman, Mercer, Rudd, Vasquez, Vitali and Wildenhain.

 

NOES – 0.

 

330    AN ORDINANCE REPEALING AND REPLACING THE SCHEDULE OF PAY RATES FOR LOCAL 3960 IN SECTION §88-12 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996.  (City Clerk’s Office – Reclassify Deputy City Clerk)

 

 

The following ordinance is read for the SECOND time and PASSED on a roll call vote, as follows:

 

AYES – President Moran, Councilors Araujo, Barry, Kallman, Mercer, Rudd, Vasquez, Vitali and Wildenhain.

 

NOES – 0.

 

330   AN ORDINANCE REPEALING AND REPLACING THE SCHEDULE OF PAY RATES FOR LOCAL 1012 IN §88-12 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996. (DPW – Delete: Supervisor Public Works Office)

 

 

 

UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:

 

AYES – President Moran, Councilors Araujo, Barry, Kallman, Mercer, Rudd, Vasquez, Vitali and Wildenhain.

 

NOES – 0.

 

AN ORDINANCE REPEALING AND REPLACING THE SCHEDULE OF PAY RATES FOR LOCAL 1012 IN §88-12 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996. (Create: Fire Fleet Mechanic – Levels I, II, III; Delete: Police & Fire Fleet Mechanic Specialist)

 

 

 

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE APPROVED FOR PAYMENT ON A ROLL CALL VOTE, AS FOLLOWS:

 

AYES – President Moran, Councilors Araujo, Barry, Kallman, Mercer, Rudd, Vasquez, Vitali and Wildenhain.

 

NOES – 0.

 

Gina Baskerville- $149.00

CTM LLC- $170.13

David & Suzanne Connors- $599.98

Shane DeSt.Jorre- $300.00

Brenda Katzanek- $300.00

Peter Gadigian- $300.00

Daniel Goldfarb- $300.00

Nicole Nickerson- $300.00

Wells M. Pile- $253.49

Daniel Roberts- $300.00

Kayla Teixeira- $150.39

Stephanie Toomey- $300.00

Noupheuak Dauangsavanh by Strauss, Factor, Laing & Lyons - $865.00 paid to Geico Insurance, rather than claimant.

 

 

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE DENIED ON A ROLL CALL VOTE, AS FOLLOWS:

 

AYES – President Moran, Councilors Araujo, Barry, Kallman, Mercer, Rudd, Vasquez, Vitali and Wildenhain.

 

NOES – 0.

 

Pedro Roman- No Amount Specified

Wilfredo Alvarado Fernandez by Matthew Brier Esq., LLC- No Amount Specified

 

 

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS DENIED AND REFERRED TO NATIONAL GRID, ON A ROLL CALL VOTE, AS FOLLOWS:

 

AYES – President Moran, Councilors Araujo, Barry, Kallman, Mercer, Rudd, Vasquez, Vitali and Wildenhain.

 

NOES – 0.

 

Rebecca K. Dobson- No Amount Specified

 

 

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS DENIED AND REFERRED TO THE SCHOOL DEPARTMENT, ON A ROLL CALL VOTE, AS FOLLOWS:

 

AYES – President Moran, Councilors Araujo, Barry, Kallman, Mercer, Rudd, Vasquez, Vitali and Wildenhain.

 

NOES – 0.

 

Elyar Gonzalez by John S. Coughlin Esq, - No Amount Specified

 

 

 

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE LEGAL DEPARTMENT AND THE RI INTERLOCAL TRUST FOR FURTHER REVIEW, ON A UNANIMOUS VOICE VOTE:

 

Migdalia Torres by John N. Calvino, Esq.- No Amount Specified

Elaine T. Macintosh by William Filippo, Esq.- No Amount Specified

 

 

Upon motion made by Councilor Mercer, seconded by Councilor Vitali, the meeting is adjourned at 8:08 p.m.