REGULAR MEETING IN CITY COUNCIL CONVENED:
AUGUST 16, 2004 ABSENT: ADJOURNED:
1. Minutes, City Council meeting, July 26, 2004.
2. Communication from Mayor: appointments, Board of Health.
3. Communication from Mayor: transfer $846, Building Department.
4. Communication from Mayor: appointment, Robert McCabe, Library Board of Trustees.
5. Communication from Mayor: transfer to fund Health Insurance Trust Account.
6. Communication from Solicitor: acceptance of land off Brigham St (Open Space Development).
7. Communication from Solicitor: grant of easements from Sepracor, pumping station.
8. Communication from Solicitor: abandonment of 2 parcels (part of Hemenway St).
9. Communication from Solicitor: acceptance of parcels which would be part of Hemenway St.
10. Communication from Solicitor: legislation to control signage.
11. Communication from Solicitor: Adult Entertainment and Materials; regulation of same.
12. Notice from City Clerk: Election Call, State Primary, September 14, 2004.
13. Communication from Parking Clerk: Parking fines.
14. Communication from Atty. Brewin: Special Permit, Cingular Wireless, 53 Brigham St.
15. Minutes, Planning Board, June 7, 2004.
16. Minutes, Transportation Task Force, June 16, 2004.
17. Minutes, Comm. On Disabilities, March 4, May 6, April 1, June 3, 2004.
18. CLAIMS:
A. Douglas McCrea, 284 Framingham Rd, sewer hook-up costs.
B. T.M. Seger Claim Service for Christopher White, 22 Brimsmead St, theft.
19. "TRANSReport", August 2004.
REPORTS OF COMMITTEES:
20. ORDERED: That the City Auditor, Barbara Martel, is hereby granted the authority to approve intra-departmental transfers involving line items not to exceed $10,000 with the following exceptions: 1. No intra-departmental transfer may be made "to" or "from" any "payroll-related" account. Such items would include (but not limited to) overtime, sick leave buy back, longevity, salaries. 2. All requests for an intra-departmental transfer to the City Auditor shall include an explanation for said request, including explanation for the additional funds in the "to" account and why funds are no longer needed in the "from" account. 3. All copies of said
requests shall be maintained in a central file in the Office of the City Auditor to facilitate inspection by members of the City Council upon request. 4. The City Auditor shall make a monthly report to the City Council listing each approved transfer. 5. This authority is valid for as long as Barbara Martel is the City Auditor unless revised by the City Council……….submitted by Councilors Ossing and Towle.
UNFINISHED BUSINESS:
From Urban Affairs Committee:
21. Order No. 04-100430 - re: amend Zoning C. 200§22 - delete subsection (D) (affordable housing in Retirement Community). Recommendation of Committee to approve.
22. Order No. 04-100431 - re: amend Zoning, C.200§21 - delete subsection (d) (affordable housing in Retirement Community). Recommendation of Committee to approve.
23. Order No. 04-100312 - re: proposed mitigation for Walgreen's Special Permit: question of mitigation Tabled in Committee while Committee recommends following disbursement of the $75,000 mitigation fee: $25,000 to Public Safety Funds, $35,000 to Kane School Playground and $15,000 to Route 20 Beautification; 5-0.
From Personnel Committee:
24. Order No. 04-100520 - re: reappointment of Walter Bonin to License Commission, six yr term. Recommendation of Committee to approve 3-0.
From Legislative & Legal Affairs Committee:
25. Order No. 04-100423 - re: amend Code, C.3 §3 through 16, Office of City Solicitor. Recommendation of Committee to amend as follows:
§3-12; General Duties. The Committee felt it necessary to amend this section such that the words "by the City Council for said purpose" are added to the end of each phrase in the Section that reads "or an appropriation approved.
§3-12;¶4; add "and subject to appropriation from the City Council" to the end of the two phrases stating "without the prior approval of the Mayor". In addition, at the end of the first sentence of ¶4, the phrase "in the event that funds are not available for settlement, any and all settlements shall be subject to approval by the Mayor and appropriation from the City Council".
§3-16 (proposed section); ordinance should reference the deletion of Article IV, Section 15-18,A and 15-18,B - not Sections 5-18A and 5-18B.
§3-16 (proposed section): City Solicitor to check proper numbering since 3-16 appears to already exist in Code. The words "and subject to appropriation from the City Council" shall be added to the end of the phrase stating "without the prior approval of the Mayor". In addition, at the end of the paragraph, the phrase "In the event that funds are not available for settlement, any and all settlements shall be subject to approval by the Mayor and appropriation from the City Council" shall be added to the section. Recommendation of Committee to approve as amended 2-0. Suspension of Rules requested - granted. Order to be advertised.
26. Order No. 04-100421 - Amend Code. C.15§10.2 "Granting and Renewal of Licenses". Recommendation of Committee to DELETE 15 §10.2 in its entirety and ADD new Section, Art. II C.148: Denial, Revocation or Suspension of Licenses and Permits for Failure to Pay Municipal Taxes or Charges; FURTHER: City Solicitor shall draft waiver provision for lessors who can demonstrate by clear and convincing evidence that they are not responsible for or are in no way related to the entity or person responsible for paying the outstanding taxes on the property. Approved 2-0. Suspension of Rules to order Advertisement - granted.
From Public Services Committee:
27. Order No. 02-9616 - proposed Animal Control Ordinance. Recommendation of Committee to approve Ordinance which is in proper legal form from Solicitor (with minor adjustments by Committee) and Advertise 3-0.
28. Order No. 02-9824 - re: Sewer Connection Permit Applications (3), Lot 8 at 800 Nickerson Rd, Lot 9 at 900 Nickerson Rd and Lot 10 at 1000 Nickerson Rd. Recommendation of Committee to approve having been advised by Asst. DPW Commissioner Crouse that all necessary information has been provided to the DPPW; the petition is participating in the Lake Williams Flow Diversion Project; associated fees having been paid; capacity at Westerly Wastewater Treatment Plant not an issue 3-0.
From City Council:
29. Order No. 04-100400 - re: amend Code. C.194 S.15 Maintenance and Repair of (Water) Service Pipes; advertised.
30. Order No. 04-100400-1 - re: amend Code C.161 S.17 Maintenance and Repair of (Sewer) Service Pipes; advertised.
31. Order No. 04-100377 - re: amend Code C.63 Plumbing & Gasfitting Permits and add to C. 147 Penalties (decrim); passed all stages of Legislation, objection to passage in one evening - Tabled.
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