Pawtucket City Council
April 24, 2013
A regular session of the Pawtucket City Council is held Wednesday, April 24, 2013, at 7:09 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – President Moran, Councilors Barros, Barry, Hodge, Mercer, Rudd, Tetreault, Vitali and Wildenhain.
Absent – 0.
President Moran presides.
UPON UNANIMOUS CONSENT OF THE COUNCIL, THE FOLLOWING MATTER IS TAKEN UP AT THIS TIME:
RESOLUTION AUTHORIZING THE APPROVAL OF THE POLICE AND FIREFIGHTERS PENSION FUNDING IMPROVEMENT PLAN, AS AMENDED
THE FOLLOWING RESOLUTION, AS AMENDED, WHICH WAS POSTPONED AT THE MEETING HELD APRIL 16, 2013, IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – Councilors Barry, Hodge, Mercer, Rudd, Tetreault, Vitali and Wildenhain.
NOES – President Moran and Councilor Barros.
RESOLUTION AUTHORIZING THE APPROVAL OF THE POLICE AND FIREFIGHTERS PENSION FUNDING IMPROVEMENT PLAN, AS AMENDED
UPON UNANIMOUS CONSENT OF THE COUNCIL, THE FOLLOWING MATTER IS TAKEN UP AT THIS TIME:
AN ORDINANCE IN AMENDMENT OF CHAPTER 2957 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET FOR UNCLASSIFIED NON-UNION POSITIONS. (Create: Community/Business Communications Liaison-Planning Department)
THE FOLLOWING AMENDMENT TO THE ORDINANCE ENTITLED “AN ORDINANCE IN AMENDMENT OF CHAPTER 2957 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET FOR UNCLASSIFIED NON-UNION POSITIONS. (Create: Community/Business Communications Liaison-Planning Department),” SUBMITTED BY THE FINANCE COMMITTEE WITH THE RECOMMENDATION FOR APPROVAL, IS DEFEATED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – Councilors Barros, Barry, Vitali, and Wildenhain.
NOES - President Moran, Councilors Hodge, Mercer, Rudd, and Tetreault.
Amend as follows:
CREATE:
| Community/Business Communications Liaison |
| - |
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| | $36,600.00 | - | $42,000.00 |
THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME AND DEFEATED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – Councilors Barros, Barry, Vitali, and Wildenhain.
NOES - President Moran, Councilors Hodge, Mercer, Rudd, and Tetreault.
AN ORDINANCE IN AMENDMENT OF CHAPTER 2957 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET FOR UNCLASSIFIED NON-UNION POSITIONS. (Create: Community/Business Communications Liaison-Planning Department)
THE COUNCIL RECESSES AT 7:56 P.M. TO RECONVENE AS THE BOARD OF LICENSE COMMISSIONERS.
THE COUNCIL RECONVENES AT 8:27 P.M.
The reading of the records of April 10, 2013 is dispensed with and the records are APPROVED as prepared by the Clerk.
Upon motion made by Councilor Hodge, seconded by Councilors Rudd and Barry, the *Consent Agenda is APPROVED on a unanimous voice vote:
| | A. Communication from Rhode Island Department of Transportation to the Pawtucket City Council (Pawtucket Bridge #550 Updates for April 7-13 and April 14-20, 2013) |
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| | B. Communication from Deborah Lavoie, Coventry Deputy Town Clerk, to RI City and Town Clerks (Resolution Opposing Binding Arbitration Legislation and Opposing Contract Continuation Legislation) |
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| | C. Communication from Coastal Resources Management Council, to Barney Heath, Director of Planning and Redevelopment (Proposed Application for Improvements to Festival Pier – Tim Healy Way) |
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| | D. Communication from Lance Hill, PE, Director of Public Works, to Richard J. Goldstein, MMC, City Clerk (Response – Tree Wardens) |
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| | F. Communication from Robert W. Burns, Acting Tax Assessor, to the Honorable City Council. (Tax Abatements for January, February and March 2013) |
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| | G. RESOLUTION AUTHORIZING THE ABATEMENT OF TAXES ON AUTOMOBILES, REAL ESTATE, AND TANGIBLE PERSONAL PROPERTY IN THE TOTAL AMOUNT OF $131,495.29 FOR JANUARY, FEBRUARY AND MARCH 2013 – IS REFERRED TO THE FINANCE COMMITTEE. |
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| | H. AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ZONING” (Text and Official Maps – Table of Use Regulations – Allowance of Similar Uses) SUBMITTED BY THE ORDINANCE COMMITTEE IS LAID ON THE TABLE AND A PUBLIC HEARING IS SET FOR MAY 8, 2013 |
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| | I. AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ZONING” (Text and Official Maps – Overlay Historic District – 43 Armistice Blvd., 585 Daggett Avenue and 59 Mulberry Street) SUBMITTED BY THE ORDINANCE COMMITTEE IS LAID ON THE TABLE AND A PUBLIC HEARING IS SET FOR MAY 8, 2013 |
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| | J. Communication from Pawtucket Armory Arts Center LLC, to the Honorable John J. Barry, III (Tax Treaty) IS REFERRED TO THE FINANCE COMMITTEE |
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| | K. THE FOLLOWING CLAIMS ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS: Joseph Carpintero, by Matthew Durfee, Esq. - $2,750,000.00 Mary Danave - $425.00/$525.00 Frances Slade - $392.00 Paul Wiafe - $1,937.71/$2,475.84 |
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| | E. Communication from David Clemente, Purchasing Agent, to the Honorable Members of the Pawtucket City Council (Response – Emergency Purchase, Freedom Tech for IT Services) is READ AND ORDERED FILED. |
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, the following motion made by Councilor Hodge, seconded by Councilors Rudd and Tetreault, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to His Honor, Mayor Donald R. Grebien, regarding the above letter to them from Mr. Clemente regarding Freedom Tech. The Council is concerned that Freedom Tech people were the only ones who had the passwords for the city’s computer equipment. Because of that, they want to know how secure the city’s information is, and if passwords and pins have been changed now that the city is no longer using Freedom Tech.
Also, President Moran wants to make sure that there are no more oversights on the emergency purchase reports.
THE CHAIR RECOGNIZES COUNCILOR MERCER.
With majority consent of the Council, the following motion made by Councilor Mercer, seconded by Councilor Hodge, is PASSED on a unanimous voice vote:
The Clerk is instructed to refer the Towing Ordinance to the Ordinance Committee to determine if the ordinance is still in conformance with federal laws and regulations.
Communication from Antonio J. Pires, Director of Public Safety, to the Honorable Members of the Pawtucket City Council, submitting the following appointment to the city towing list:
READ AND ORDERED FILED.
The following appointment to the City’s towing list is APPROVED on a roll call vote, as follows:
AYES – President Moran, Councilors Barros, Barry, Hodge, Mercer, Rudd, Tetreault, Vitali and Wildenhain.
NOES - 0.
Pawtucket Auto Body, 626 Main Street, Pawtucket RI 02860.
**This matter is reconsidered on page 70
THE CHAIR RECOGNIZES COUNCILOR RUDD.
With majority consent of the Council, the following motion made by Councilor Rudd, seconded by Councilors Barry and Hodge, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Barney S. Heath, Director, Planning & Redevelopment, requesting that he provide the Council with reports on the CDBG Program for the past five years. They want to know how much money was spent and what projects were completed during that time.
Communication from Antonio J. Pires, Director of Public Safety, to the Honorable Members of the Pawtucket City Council submitting the following appointment to the city towing list:
READ AND ORDERED FILED.
The following appointment to the City’s towing list is APPROVED on a roll call vote, as follows:
AYES – President Moran, Councilors Barros, Barry, Hodge, Mercer, Rudd, Tetreault, Vitali and Wildenhain.
NOES - 0.
East Coast Recovery, Inc., 163 Mineral Spring Avenue, Pawtucket RI 02860.
**This matter is reconsidered on page 70.
COUNCILOR BARROS LEAVES THE CHAMBERS AT 8:48 P.M.
THE FOLLOWING COMMUNICATION IS READ AND ORDERED FILED AND THE REQUEST IS APPROVED, WITH THE FOLLOWING STIPULATION, ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Moran, Councilors Barry, Hodge, Mercer, Rudd, Tetreault, Vitali and Wildenhain.
NOES - 0.
Stipulation: Must be approved by the Director of Public Works and the Director must inform the City Council when this is done.
Communication from Frank J. Milos, Jr., Esq., City Solicitor, to David P. Moran, President, Pawtucket City Council (East Avenue at George Street Intersection Sub Recipient Agreement) IS READ AND ORDERED FILED AND REFERRED TO THE PUBLIC WORKS/CEMETERIES COMMITTEE
THE FOLLOWING RESOLUTION, SUBMITTED BY THE PUBLIC WORKS/CEMETERIES COMMITTEE, IS TAKEN UP:
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
Upon motion made by Councilor Wildenhain, seconded by Councilor Barry, the following resolution is POSTPONED INDEFINITELY ON A UNANIMOUS VOICE VOTE:
RESOLUTION APPROVING THE SUB RECIPIENT AGREEMENT BETWEEN THE STATE OF RHODE ISLAND AND THE CITY OF PAWTUCKET REGARDING IMPROVEMENTS TO THE GEORGE STREET/EAST AVENUE INTERSECTION BEING DONE AS PART OF THE DOWNTOWN STREETSCAPE PROJECT.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Moran, Councilors Barry, Hodge, Mercer, Rudd, Tetreault, Vitali and Wildenhain.
NOES - 0.
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 – President Moran, Councilors Barry, Hodge, Mercer, Rudd, Tetreault, Vitali and Wildenhain.
NOES - 0.
AN ORDINANCE IN AMENDMENT OF CHAPTER 26 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED COURTS. (Election of Judges) Substitute A
THE CHAIR RECOGNIZES COUNCILOR HODGE.
Upon motion made by Councilor Hodge, seconded by Councilor Mercer, the following request is again TAKEN UP FOR RECONSIDERATION, on a unanimous voice vote:
Communication from Antonio J. Pires, Director of Public Safety, to the Honorable Members of the Pawtucket City Council submitting the following appointment to the city towing list:
Pawtucket Auto Body, 626 Main Street, Pawtucket RI 02860
THE CHAIR RECOGNIZES COUNCILOR HODGE.
Upon motion made by Councilor Hodge, seconded by Councilors Barros and Vitali, the following appointment to the City’s towing list is APPROVED WITH THE FOLLOWING AMENDMENT AT THE REQUEST OF THE APPLICANT on a roll call vote, as follows:
AYES – President Moran, Councilors Barry, Hodge, Mercer, Rudd, Tetreault, Vitali and Wildenhain.
NOES - 0.
Pawtucket Auto Body Domenic Coccia, Jr. d/b/a C & D Towing
626 Main Street, Pawtucket RI 02860.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
Upon motion made by Councilor Hodge, seconded by Councilor Mercer, the following request is again TAKEN UP FOR RECONSIDERATION, on a unanimous voice vote:
Communication from Antonio J. Pires, Director of Public Safety, to the Honorable Members of the Pawtucket City Council submitting the following appointment to the city towing list:
East Coast Recovery, Inc., 163 Mineral Spring Avenue, Pawtucket RI 02860
THE CHAIR RECOGNIZES COUNCILOR HODGE.
Upon motion made by Councilor Hodge, seconded by Councilors Barros and Vitali, the following appointment to the City’s towing list is APPROVED WITH THE FOLLOWING AMENDMENT AT THE REQUEST OF THE APPLICANT on a roll call vote, as follows:
AYES – President Moran, Councilors Barry, Hodge, Mercer, Rudd, Tetreault, Vitali and Wildenhain.
NOES - 0.
163 Mineral Spring Avenue 531 Main Street, Pawtucket RI 02860
Upon motion made by Councilor Barry, seconded by Councilor Tetreault, the meeting is adjourned at 9:09 p.m. in memory of George H. Babcock.