Pawtucket City Council
February 20, 2013
A regular session of the Pawtucket City Council is held Wednesday, February 20, 2013, at 7:28 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – President Moran, Councilors Barros, Hodge, Mercer, Rudd, Tetreault, Vitali and Wildenhain.
Absent – Councilor Barry.
President Moran presides.
The reading of the records of February 8, 2013 is dispensed with and the records are APPROVED as prepared by the Clerk.
Upon motion made by Councilor Hodge, seconded by Councilor Barros, 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 February 3-9, 10-16, 2013 ) |
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| | B. Communication from Rhode Island Clean Water Finance Agency to the City of Pawtucket (Various Forms and Statements) |
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| | C. Communication from Laureen Berglund, School Committee Clerk, North Kingstown School Department to City and Town Councils. (Resolutions Supporting Layoff Notification, and Opposing Binding Arbitration, Contract Continuation) |
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| | D. Communication from Louise R. Phaneuf, Burrillville Town Clerk, to City and Town Councils. (Resolutions opposing mandatory arbitration and contract continuation) |
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| | E. Resolutions from the Smithfield School Committee, to RI City and Town Councils. (Supporting Layoff Notification, and Opposing Binding Arbitration, Contract Continuation) |
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| | F. Communication from Harry L. Staley, Chairman, RI Taxpayers (formerly RI Statewide Coalition) to Richard J. Goldstein, MMC, City Clerk. (Draft Resolution Proposing the Repeal of Straight Party Voting) |
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| ** | G. Communication from the Pawtucket Consolidation Committee, to the Honorable Mayor Donald R. Grebien and the Honorable Members of the Pawtucket School Committee. (Proposed City/School Information Technology Department Consolidation) |
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| | H. Communication from Joanna L’Heureux, Director of Finance, to the Honorable Members of City Council. (Audit Report for Fiscal Year Ended June 30, 2012) |
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| | I. Communication from Braver PC to the Members of the City Council. (Audit for the Year Ended June 30, 2012) |
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| | J. Audit Report for the Fiscal Year Ended June 30, 2012 |
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| | K. Communication from Philip J. Shea, III, Chairman, Parks & Recreation Commission, to Council President David P. Moran. (Charles Kelly) |
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| | L. Communication from John Blais, Recreation Director, to Philip J. Shea, III, Chairman, Parks & Recreation Commission. (Charles Kelly) |
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| | N. Communication from Paul King, Chief of Police, to Richard J. Goldstein, MMC, City Clerk . (Response – Radar Speed Signs) |
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| & | O. Communication from Joanna L’Heureux, Director of Finance, to the Honorable Members of the Pawtucket City Council. (Employment Contract – Assistant Chief Engineer of the Pawtucket Water Supply Board) TO BE REFERRED TO THE FINANCE COMMITTEE |
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| | P. Communication from Jeannine S. Bourski, Deputy Finance Director, to the Pawtucket City Council. (FY13 Equipment Lease Authorization) |
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| Q. RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF AN EQUIPMENT LEASE/PURCHASE AGREEMENT AND RELATED INSTRUMENTS, FUNDING OF THE FY2013 LEASE/PURCHASE EQUIPMENT LIST PLUS RELATED EXPENSES – TO BE REFERRED TO THE FINANCE COMMITTEE. |
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| R. AN ORDINANCE IN AMENDMENT OF CHAPTER 26 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED COURTS. (Election of Judges) – TO BE LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE. |
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| S. Communication from Jay Forge, Manager, Roosevelt 1135 LLC, to David P. Moran, Council President, Requesting a Purchase or Lease of Open Space at the Property Located at 1135 Roosevelt Avenue, TO BE REFERRED TO CITY PROPERTY COMMITTEE. |
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| T. THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY TO BE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS: Debra A. Beaudoin - $211.41 Reinaldo Lobo, by Michael F. Horan, Esq. – No Amount Specified |
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| ** | TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY, NO OTHER ACTION TAKEN. |
M.
THE CHAIR RECOGNIZES COUNCILOR RUDD.
With majority consent of the Council, the following motion made by Councilor Rudd, seconded by Councilor Wildenhain, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Angelo Calcagni, Waste Haulers LLC, asking him to let the Council know when the bird repellent is being used.
PURCHASING BOARD
Kathleen A. Magill, 33 Hutchinson Avenue, Pawtucket, RI 02861. Term expires the first Monday in January 2016, is READ AND ORDERED FILED.
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, Hodge, Mercer, Rudd, Tetreault, Vitali and Wildenhain.
NOES - 0.
PURCHASING BOARD
Kathleen A. Magill, 33 Hutchinson Avenue, Pawtucket, RI 02861. Term expires the first Monday in January 2016.
HISTORIC DISTRICT COMMISSION
Frederick R. Love, 25 Belmont Street, Pawtucket, RI 02860. Term expires the first Monday in February, 2016., is READ AND ORDERED FILED.
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, Hodge, Mercer, Rudd, Tetreault, Vitali and Wildenhain.
NOES - 0.
HISTORIC DISTRICT COMMISSION
Frederick R. Love, 25 Belmont Street, Pawtucket, RI 02860. Term expires the first Monday in February, 2016.
HISTORIC DISTRICT COMMISSION
Ashley C. Prester, 46 Fuller Street, Pawtucket, RI 02861. Term expires the first Monday in February, 2016, is READ AND ORDERED FILED.
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, Hodge, Mercer, Rudd, Tetreault, Vitali and Wildenhain.
NOES - 0.
HISTORIC DISTRICT COMMISSION
Ashley C. Prester, 46 Fuller Street, Pawtucket, RI 02861. Term expires the first Monday in February, 2016.
HISTORIC DISTRICT COMMISSION
Jason C. Bacon, PE, 143 Parkside Avenue, Pawtucket, RI 02861. Term expires the first Monday in February, 2016, is READ AND ORDERED FILED.
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, Hodge, Mercer, Rudd, Tetreault, Vitali and Wildenhain.
NOES - 0.
HISTORIC DISTRICT COMMISSION
Jason C. Bacon, PE, 143 Parkside Avenue, Pawtucket, RI 02861. Term expires the first Monday in February, 2016.
The following resolution is taken up:
RESOLUTION OPPOSING ANY AND ALL LEGISLATION TO EXPAND THE USE OF BINDING ARBITRATION CURRENTLY BEING CONSIDERED FOR TEACHER AND/OR MUNICIPAL CONTRACTS.
THE CHAIR RECOGNIZES COUNCILOR MERCER.
With majority consent of the Council, Councilor Mercer introduces the following amendment to the above entitled resolution:
Delete the following whereas:
Binding arbitration may create a disincentive for teacher and municipal unitions to settle the unresolved issues by negotiations, as they perceive that they will gain more through arbitration should they win rather than a negotiated labor agreement. Arbitration can make the process long and expensive; and
Upon motion made by Councilor Mercer, seconded by Councilors Rudd and Hodge, is PASSED on a roll call vote, as follows:
AYES – President Moran, Councilors Barros, Hodge, Mercer, Rudd, Tetreault, Vitali and Wildenhain.
NOES - 0.
Delete the following whereas:
Binding arbitration may create a disincentive for teacher and municipal unitions to settle the unresolved issues by negotiations, as they perceive that they will gain more through arbitration should they win rather than a negotiated labor agreement. Arbitration can make the process long and expensive; and
The following resolution is read and PASSED, AS AMENDED, on a roll call vote, as follows:
AYES – President Moran, Councilors Barros, Hodge, Mercer, Rudd, Tetreault, and Vitali.
NOES - Wildenhain.
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING RESOLUTION IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Moran, Councilors Barros, Mercer, Rudd, Tetreault, and Wildenhain.
NOES – Councilor Hodge and Vitali.
RESOLUTION AUTHORIZING THE CITY OF PAWTUCKET TO ENTER INTO A SEVEN-YEAR REAL ESTATE TAX STABILIZATION AGREEMENT WITH HOPE ARTISTE VILLAGE PROPRIETOR, LLC FOR A PORTION OF THE PROPERTY LOCATED AT 1005 MAIN STREET, PAWTUCKET, RI, ALSO KNOWN AS BUILDING NO. 2 ON PLAT 62, LOT 305.
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 Barros, Hodge, Rudd, Vitali and Wildenhain.
NOES – Councilor Tetreault.
Councilor Mercer abstains based on his statement that the person presently employed in this position is his first cousin. REPORT FILED.
AN ORDINANCE IN AMENDMENT OF CHAPTER 2997 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET FOR LOCAL 1012. (Reclassification of Administrative Assistant-Planning Department-from R33 to R37)
THE FOLLOWING ORDINANCE, RETURNED BY THE FINANCE COMMITTEE WITH THE RECOMMENDATION FOR DENIAL, IS TAKEN UP:
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 CHAIR RECOGNIZES COUNCILOR TETREAULT.
Upon motion made by Councilor Tetreault, seconded by Councilors Vitali and Hodge, the following ordinance is REFERRED BACK TO THE FINANCE COMMITTEE, on a unanimous voice vote:
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 CHAIR RECOGNIZES COUNCILOR TETREAULT.
With majority consent of the Council, Councilor Tetreault introduces the following communication:
Communication from Barney S. Heath, Director, Planning and Redevelopment, to the Honorable Members of the Pawtucket City Council, requesting that the Community/Business Communications Liaison be referred back to the Finance Committee for further discussion.
Upon motion made by Councilor Tetreault, seconded by Councilor Barros, the following communication is READ AND ORDERED FILED:
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, the following motion made by Councilor Hodge, on behalf of Council President Moran, seconded by Councilors Tetreault and Barros, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Antonio J. Pires, Director of Administration, requesting a copy of the city’s economic development strategic plan, as referenced in the comparison of duties between the current Economic/Cultural Affairs officer and the proposed Community/Business Communications Liaison, where one of the duties of the Economic/Cultural Affairs Officer is to “Prepare and carry out an economic development strategic plan to retain and expand existing businesses as well as attract businesses to Pawtucket.”
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, the following motion made by Councilor Hodge, on behalf of Council President Moran, seconded by Councilors Tetreault and Barros, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Antonio J. Pires, Director of Administration, requesting to see a list of businesses that have been retained, or have expanded, or have come to Pawtucket during the Grebien administration. As well as, what businesses, which the city assisted, have ended up failing. The Council would like to know if any city officials surveyed any of these failed businesses to find out what caused them to fail.
The following ordinance is read for the second time and PASSED on a roll call vote, as follows:
AYES – President Moran, Councilors Barros, Hodge, Mercer, Rudd, Tetreault, Vitali and Wildenhain.
NOES - 0.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
Councilor Hodge, Chairman of the Ordinance Committee, asks that the ordinances presented during the Pre-Council Session by August Venice, President of Local 1012, regarding the privatization of trash be forwarded to the Ordinance Committee for review.
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE APPROVED FOR PAYMENT IN THE AMOUNT OF TOTAL AMOUNT OF $11,600 ON A ROLL CALL VOTE, AS FOLLOWS:
Claim of Dibco, LLC
Claim of 560 Mineral Spring Avenue, LLC
THE CHAIR RECOGNIZES COUNCILOR TETREAULT.
With majority consent of the Council, the following motion made by Councilor Tetreault, seconded by Councilors Vitali and Barros, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Antonio J. Pires, Director of Administration requesting a status on the implementation of the Fire Efficiency Study.
Upon motion made by Councilor Hodge, seconded by Councilor Mercer, the meeting is adjourned at 8:16 p.m.