City Council, February 6, 2013
A regular session of the Pawtucket City Council is held Wednesday, February 6, 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.
The reading of the records of January 23, 2013, is dispensed with and the records are APPROVED as prepared by the Clerk.
Upon motion made by Councilor Hodge, seconded by Councilor Vitali, 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 January 20 –January 26, 2013 and January 27 – February 2, 2013) |
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| | B. Communication from Joanna L’Heureux, Director of Finance, to the Honorable Members of the Pawtucket City Council. (Statement of Estimated, Realized, and Unrealized Revenues for the fiscal period July 1, 2012 through December 31, 2012) |
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| | C. Communication from Jeannine S. Bourski, Deputy Finance Director, to Mayor Donald R. Grebien. (Uniform Overtime FY13) |
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| | D. Communication from Jeannine S. Bourski, Deputy Finance Director, to Mayor Donald R. Grebien. (Medical Fund Report) |
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| | E. Communication from Joanna L’Heureux, Director of Finance, to Susanne Greschner, Chief of Municipal Finance, RI Department of Revenue. (Update – City’s Pension Funding Improvement Plan) |
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| | F. Communication from Beth Roberge, to the Honorable Mayor Donald R. Grebien. (Resignation from the Parks Commission) |
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| ** | G. Communication from His Honor, Mayor Donald R. Grebien, to the Honorable Members of the City Council. (Contract for City Sanitation Services) |
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| | H. Communication from Councilors Jean Philippe Barros and Albert J. Vitali, Jr. to Antonio J. Pires, Public Safety Director. (Gun Buyback Program) |
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| ** | I. Communication from Barney S. Heath, Director of Planning and Redevelopment, to Richard J. Goldstein, MMC, City Clerk. (Response – Grant Writing - Paige Bronk, AICP, Assistant Director of Planning & Redevelopment) |
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| | L. Communication from Denise Panichas, Executive Director, the Samaritans of RI, to the Honorable Mayor Donald R. Grebien and the Honorable John J. Barry, III, Pawtucket City Council Finance Committee Chairman, requesting support of a $500 appropriation for Suicide Prevention in the upcoming budget, is READ AND ORDERED FILED AND IS REFERRED TO THE FINANCE COMMITTEE. |
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| | M. Communication from Robert W. Burns, Acting Tax Assessor, to the Honorable City Council. (Tax Abatements for July, August, and September, 2012) |
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| N. RESOLUTION AUTHORIZING THE ABATEMENT OF TAXES ON AUTOMOBILES, REAL ESTATE, AND TANGIBLE PERSONAL PROPERTY IN THE TOTAL AMOUNT OF $245,039.52 FOR JULY, AUGUST, AND SEPTEMBER, 2012, IS LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE. |
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| | O. Communication from Robert W. Burns, Acting Tax Assessor, to the Honorable City Council. (Tax Abatements for October, November, and December, 2012) |
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| P. RESOLUTION AUTHORIZING THE ABATEMENT OF TAXES ON AUTOMOBILES, REAL ESTATE, AND TANGIBLE PERSONAL PROPERTY IN THE TOTAL AMOUNT OF $115,289.85 FOR OCTOBER, NOVEMBER, AND DECEMBER, 2012, IS LAID ON THE TABLE AND IS REFERRED TO THE FINANCE COMMITTEE. |
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| ** | TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY, NO OTHER ACTION TAKEN. |
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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 Pat Sperduto, Waste Haulers, regarding the excessive number of seagulls at the transfer station, which are flying into the neighborhood around Smithfield Avenue and Mineral Spring Avenue. The Council wants to be sure that Waste Haulers is aware of this problem and to ask what their plans are to alleviate it.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, Councilor Hodge introduces the following communication:
Communication from His Honor, Mayor Donald R. Grebien, to Richard J. Goldstein, MMC, City Clerk. (Response – Formation of Charter Review Commission)
Upon motion made by Councilor Hodge, seconded by Councilor Mercer, the following communication is READ AND ORDERED FILED:
UPON UNANIMOUS CONSENT OF THE COUNCIL, THE FOLLOWING MATTER IS TAKEN UP AT THIS TIME:
| David R. Barber | Steven Lagasse |
| Gerard Charbonneau | Shaun O’Brien |
| Kristen McGill | Lisa A. Savikas |
| Melissa D. Brusso | John E. Sawyer |
| Sandra Bachini-Gaboriault | Stephanie J. Saraiva |
| Lawrence J. Monastesse |
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THE CHAIR RECOGNIZES COUNCILOR VITALI.
The motion made by Councilor Vitali, seconded by Councilor Barros, to approve the following appointees to the Pawtucket Charter Review Commission, is DEFEATED on a roll call vote, as follows:
AYES – Councilors Barros and Vitali.
NOES – President Moran, Councilors Barry, Hodge, Mercer, Rudd, Tetreault, and Wildenhain.
| David R. Barber | Steven Lagasse |
| Gerard Charbonneau | Shaun O’Brien |
| Kristen McGill | Lisa A. Savikas |
| Melissa D. Brusso | John E. Sawyer |
| Sandra Bachini-Gaboriault | Stephanie J. Saraiva |
| Lawrence J. Monastesse |
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Communication from His Honor, Mayor Donald R. Grebien, to the Pawtucket City Council submitting the following appointment to the Pawtucket Redevelopment Agency, for confirmation:
PAWTUCKET REDEVELOPMENT AGENCY
The following nomination submitted by His Honor, Mayor Donald R. Grebien, for confirmation is CONFIRMED on a roll call vote, as follows:
AYES – President Moran, Councilors Barros, Barry, Hodge, Mercer, Rudd, Tetreault, Vitali and Wildenhain.
NOES - 0.
PAWTUCKET REDEVELOPMENT AGENCY
William D. Vieira, Sr., 85 Samuel Avenue, Pawtucket, RI 02860. Term expires September 12, 2016. (To commence on February 2013 and to fill the unexpired term of Richard Kazarian)
Communication from His Honor, Mayor Donald R. Grebien, to the Pawtucket City Council submitting the following appointment to the Pawtucket Parks Commission, for confirmation:
PAWTUCKET PARKS COMMISSION
The following nomination submitted by His Honor, Mayor Donald R. Grebien, for confirmation is CONFIRMED on a roll call vote, as follows:
AYES – President Moran, Councilors Barros, Barry, Hodge, Mercer, Rudd, Tetreault, Vitali and Wildenhain.
NOES - 0.
PAWTUCKET PARKS COMMISSION
Robert A. Wyllie, 74 Harcourt Avenue, Pawtucket, RI 02861. Term expires January, 2015. (To commence on February 2013 and to fill the unexpired term of Beth Roberge)
Communication from His Honor, Mayor Donald R. Grebien, to the Pawtucket City Council submitting the following reappointment to the City Planning Commission, for confirmation:
CITY PLANNING COMMISSION
The following nomination submitted by His Honor, Mayor Donald R. Grebien, for confirmation is CONFIRMED on a roll call vote, as follows:
AYES – President Moran, Councilors Barros, Barry, Hodge, Mercer, Rudd, Tetreault, Vitali and Wildenhain.
NOES - 0.
CITY PLANNING COMMISSION
David M. Chmielewski, 56 Arland Drive, Pawtucket, RI 02861. Term expires the first Monday in January 2018.
Communication from His Honor, Mayor Donald R. Grebien, to the Pawtucket City Council submitting the following reappointment to the Zoning Board of Appeals, for confirmation:
BOARD OF APPEALS
The following nomination submitted by His Honor, Mayor Donald R. Grebien, for confirmation is CONFIRMED on a roll call vote, as follows:
AYES – President Moran, Councilors Barros, Barry, Hodge, Mercer, Rudd, Tetreault, Vitali and Wildenhain.
NOES - 0.
BOARD OF APPEALS
George Shabo, 125 Glen Meadows Drive, Pawtucket, RI 02861. Term expires the first Monday in January 2018.
Communication from His Honor, Mayor Donald R. Grebien, to the Pawtucket City Council submitting the following reappointment to the Pension Board, for confirmation:
PENSION BOARD
The following nomination submitted by His Honor, Mayor Donald R. Grebien, for confirmation is CONFIRMED on a roll call vote, as follows:
AYES – President Moran, Councilors Barros, Barry, Hodge, Mercer, Rudd, Tetreault, Vitali and Wildenhain.
NOES - 0.
PENSION BOARD
Kenneth Gould, 16 Leicester Way, Pawtucket, RI 02860. Term expires the first Monday in January 2015.
Communication from His Honor, Mayor Donald R. Grebien, to the Pawtucket City Council submitting the following reappointment to the Public Library Trustees, for confirmation:
PUBLIC LIBRARY TRUSTEES
The following nomination submitted by His Honor, Mayor Donald R. Grebien, for confirmation is CONFIRMED on a roll call vote, as follows:
AYES – President Moran, Councilors Barros, Barry, Hodge, Mercer, Rudd, Tetreault, Vitali and Wildenhain.
NOES - 0.
PUBLIC LIBRARY TRUSTEES
Reverend Edward G. St. Goddard, 99 Clyde Street, Pawtucket, RI 02860. Term expires the first Monday in January 2016.
Communication from His Honor, Mayor Donald R. Grebien, to the Pawtucket City Council submitting the following reappointment to the Public Library Trustees, for confirmation:
PUBLIC LIBRARY TRUSTEES
The following nomination submitted by His Honor, Mayor Donald R. Grebien, for confirmation is CONFIRMED on a roll call vote, as follows:
AYES – President Moran, Councilors Barros, Barry, Hodge, Mercer, Rudd, Tetreault, Vitali and Wildenhain.
NOES - 0.
PUBLIC LIBRARY TRUSTEES
Roger J. Peloquin, Jr., 39 Amherst Avenue, Pawtucket, RI 02860. Term expires the first Monday in January 2016.
Communication from His Honor Mayor Donald R. Grebien, to the Pawtucket City Council submitting the following reappointment to the Public Library Trustees, for confirmation:
PUBLIC LIBRARY TRUSTEES
The following nomination submitted by His Honor, Mayor Donald R. Grebien, for confirmation is CONFIRMED on a roll call vote, as follows:
AYES – President Moran, Councilors Barros, Barry, Hodge, Mercer, Rudd, Tetreault, Vitali and Wildenhain.
NOES - 0.
PUBLIC LIBRARY TRUSTEES
Mary Ellen Siniak, 188 Rhode Island Avenue, Pawtucket, RI 02860. Term expires the first Monday in January 2016.
THE ELECTION OF CITY OFFICERS IS TAKEN UP:
SEALER OF WEIGHTS AND MEASURES (2-YEAR TERM)
THE CHAIR RECOGNIZES COUNCILOR TETREAULT.
Upon motion made by Councilor Tetreault, seconded by Councilors Hodge and Barry, the name of JOHN PITA is placed in nomination to serve as the Sealer of Weights and Measures.
With no other nominations offered, JOHN PITA IS ELECTED SEALER OF WEIGHTS AND MEASURES (Two Year Term) on a roll call vote, as follows:
JOHN PITA – President Moran, Councilors Barros, Barry, Hodge, Mercer, Rudd, Tetreault, Vitali and Wildenhain.
OTHERS - 0.
JUDGE OF PROBATE (2-YEAR TERM)
THE CHAIR RECOGNIZES COUNCILOR BARRY.
Upon motion made by Councilor Barry, seconded by the Entire City Council, the name of CRISTINE MCBURNEY is placed in nomination to serve as the Judge of Probate.
With no other nominations offered, CRISTINE MCBURNEY IS ELECTED JUDGE OF PROBATE (Two Year Term) on a roll call vote, as follows:
CRISTINE MCBURNEY – President Moran, Councilors Barros, Barry, Hodge, Mercer, Rudd, Tetreault, Vitali and Wildenhain.
OTHERS - 0.
ASSOCIATE MUNICIPAL COURT JUDGE (To fill the unexpired term of former Associate Judge Donna Nesselbush. Term expires 2015)
THE CHAIR RECOGNIZES COUNCILOR BARRY.
Upon motion made by Councilor Barry, seconded by Councilor Barros, with the recommendation of the Ad Hoc Associate Municipal Court Judge Committee, the name of JOHN T. GANNON is placed in nomination to serve as the Associate Municipal Court Judge.
With no other nominations offered, JOHN T. GANNON IS ELECTED ASSOCIATE MUNICIPAL COURT JUDGE (To fill the unexpired term of former Associate Judge Donna Nesselbush. Term expires 2015) on a roll call vote, as follows:
JOHN T. GANNON – President Moran, Councilors Barros, Barry, Hodge, Mercer, Rudd, Tetreault, Vitali and Wildenhain.
OTHERS - 0.
THE ELECTION OF A COUNCIL MEMBER TO SERVE ON THE PURCHASING BOARD. Term expires first Monday in January 2015, IS TAKEN UP:
THE CHAIR RECOGNIZES COUNCILOR HODGE.
Upon motion made by Councilor Hodge, seconded by Councilor Wildenhain, the name of COUNCILOR LORENZO C. TETREAULT is placed in nomination as the Council member to serve on the Purchasing Board.
With no other nominations offered prior to the call of the roll, COUNCILOR LORENZO C. TETREAULT IS ELECTED AS THE COUNCIL MEMBER TO SERVE ON THE PURCHASING BOARD - Term expires first Monday in January 2015, on a roll call vote, as follows:
COUNCILOR TETREAULT – President Moran, Councilors Barros, Barry, Hodge, Mercer, Rudd, Tetreault, and Vitali.
COUNCILOR WILDENHAIN – Councilor Wildenhain.
OTHERS – 0 .
THE ELECTION OF A COUNCIL MEMBER TO SERVE ON THE WATER SUPPLY BOARD. Term expires first Monday in January 2015, IS TAKEN UP:
THE CHAIR RECOGNIZES COUNCILOR TETREAULT.
Upon motion made by Councilor Tetreault, seconded by Councilor Wildenhain, the name of COUNCILOR THOMAS E. HODGE is placed in nomination as the Council member to serve on the Water Supply Board.
With no other nominations offered, COUNCILOR THOMAS E. HODGE IS ELECTED AS THE COUNCIL MEMBER TO SERVE ON THE WATER SUPPLY BOARD - Term expires first Monday in January 2015, on a roll call vote, as follows:
COUNCILOR HODGE – President Moran, Councilors Barros, Barry, Hodge, Mercer, Rudd, Tetreault, Vitali and Wildenhain.
OTHERS - 0.
THE ELECTION OF A COUNCIL MEMBER TO SERVE ON THE ARTS PANEL REVIEW COMMITTEE. Term expires first Monday in June 2013. (To fill the unexpired term of James F. Chadwick, Jr.), IS TAKEN UP:
THE CHAIR RECOGNIZES COUNCILOR VITALI.
Upon motion made by Councilor Vitali, seconded by Councilor Mercer, the name of COUNCILOR JEAN PHILIPPE BARROS is placed in nomination as the Council member to serve on the Arts Panel Review Committee.
With no other nominations offered, COUNCILOR JEAN PHILIPPE BARROS IS ELECTED AS THE COUNCIL MEMBER TO SERVE ON THE ARTS PANEL REVIEW COMMITTEE - Term expires first Monday in June 2013. (To fill the unexpired term of James F. Chadwick, Jr.), on a roll call vote, as follows:
COUNCILOR BARROS – President Moran, Councilors Barros, Barry, Hodge, Mercer, Rudd, Tetreault, Vitali and Wildenhain.
OTHERS - 0.
THE FOLLOWING ARE ELECTED WEIGHERS OF MERCHANDISE (2 Year Terms) ON A UNANIMOUS VOICE VOTE:
Adam Sinel
Charles R. Sinel
Samuel S. Sinel
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Moran, Councilors Barros, Barry, Hodge, Mercer, Rudd, Tetreault, Vitali and Wildenhain.
NOES - 0.
THE FOLLOWING ORDINANCE, SUBMITTED BY THE ORDINANCE COMMITTEE, WITH THE RECOMMENDATION FOR APPROVAL, WAS POSTPONED AT THE MEETING HELD JANUARY 23, 2013, AND IS AGAIN TAKEN UP:
AN ORDINANCE IN AMENDMENT OF ARTICLE XV OF CHAPTER 363 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “TAXATION” (Exemption for Property in Historic Zones)
THE FOLLOWING AMENDMENT TO THE ABOVE TITLED ORDINANCE IS READ AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Moran, Councilors Barros, Barry, Hodge, Mercer, Rudd, Tetreault, Vitali and Wildenhain.
NOES - 0.
AMENDMENT:
Subsections (B) and (D) of § 363-59 entitled, “Amount of exemption; Entitlement,” shall be amended to read as follows:
(B) In addition to meeting all of the requirements in subsection (A) of this section, to be entitled to this exemption each year beginning with taxes due in July 2014, property owners must:
1. Maintain their properties to be in compliance with all of the state building and housing codes and all municipal codes. FOR PURPOSES OF THIS SECTION, PROPERTY OWNERS WHO CORRECT ANY VIOLATIONS OF SAID CODES WITHIN THE TIME FRAMES ALLOWED IN SAID CODES, SHALL BE DEEMED TO BE IN COMPLIANCE WITH THIS REQUIREMENT;
2. Ensure that all construction, alterations, repairs, removals or demolitions affecting the exterior appearance of structures on their properties are done in compliance with Article V (Historic Districts) of Chapter 410 of the Pawtucket Code of Ordinances, entitled, Zoning.
(D) Any property owner not certified as eligible for this exemption in any year shall be notified in writing by the Department. Any property owner so notified may, within 30 days of the date of the notice, file an appeal of the decision of the Department with the Pawtucket ZONING Board of Appeals .
The following ordinance is read for the FIRST time, AS AMENDED, and PASSED on a roll call vote, as follows:
AYES – President Moran, Councilors Barros, Barry, Hodge, Mercer, Rudd, Tetreault, Vitali and Wildenhain.
NOES - 0.
AN ORDINANCE IN AMENDMENT OF ARTICLE XV OF CHAPTER 363 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “TAXATION” (Exemption for Property in Historic Zones) AS AMENDED
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
560 Mineral Spring Avenue Associates LLC, by Douglas A. Giron, Esq. – No Amount Specified
DIBCO, LLC, by Douglas A. Giron Esq. – No Amount Specified
Pauline Bonsignore - $349.93/$383.32
Marie Pauline Charpentier, by Sharon D. Sybel, Esq. - $100,000
Melanie DiSano - $295.06/$298.99
East Coast Collision - $800.50
Nelson Poirier - $923.83/$2,100.37
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, Hodge, Mercer, Rudd, Tetreault, Vitali and Wildenhain.
NOES - 0.
Barbara Lagerstrom - $110.00
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, Hodge, Mercer, Rudd, Tetreault, Vitali and Wildenhain.
NOES - 0.
Thomas McAndrew, Esq. - $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, Hodge, Mercer, Rudd, Tetreault, Vitali and Wildenhain.
NOES - 0.
Debra Zaino - $208.67
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, Hodge, Mercer, Rudd, Tetreault, Vitali and Wildenhain.
NOES - 0.
Philip Pascucci - $5,000.00
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS TAKEN UNDER ADVISEMENT AND REFERRED TO THE LEGAL DEPARTMENT ON A UNANIMOUS VOICE VOTE:
Doris Poulin by Michael Horan, Esq. – No Amount Specified
Upon motion made by Councilor Hodge, seconded by the Entire City Council, the meeting is adjourned at 9:07 p.m., in memory of Albertino Lourenco, former Fireman and City Sergeant and Charles Kelly, former employee of the City of Pawtucket.