March 6, 2013 - Regular City Council Session

Pawtucket City Council

March 6, 2013

A regular session of the Pawtucket City Council is held Wednesday, March 6, 2013, at 7:42 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 COUNCIL RECESSES IMMEDIATELY TO CONDUCT A PUBLIC HEARING ON THE FOLLOWING:

AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET 1996, ENTITLED “ZONING” Text and Official Maps - Mill Building Reuse District (560 Mineral Spring Avenue)

THE COUNCIL RECONVENES AT 7:57 P.M.

UPON UNANIMOUS CONSENT OF THE COUNCIL, THE COUNCIL TAKES UP THE FOLLOWING:

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 Barros, Barry, Hodge, Mercer, Rudd, Tetreault, Vitali and Wildenhain.

NOES - 0.

The reading of the records of February 20, 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:

617	A. Communication from Rhode Island Department of Transportation to the Pawtucket City Council (Pawtucket Bridge #550 Updates for February 17-23, 2013 and February 24-March 2, 2013 )

028	B. Communication from Kathy Silvia, City Clerk, City of Newport, to the RI City and Town Councils. (Resolutions in Support of Continued Dialogues regarding Gun Safety, Mental Illness, and the Removal of Illegal Guns from the Streets)

028	C. Communication from Kathy Silvia, City Clerk, City of Newport, to the RI City and Town Councils. (Resolution Eliminating the Set $25 Liquor License Application Fee, as it Does Not Reflect the Current Administrative and Advertising Costs)

028	D. Communication from Andrea M. Bicki, City Clerk, City of Woonsocket, to the RI City and Town Councils. (Resolution Opposing Binding Arbitration for School Teacher Contracts)

028	E. Resolutions from the North Smithfield School Committee, to RI City and Town Councils. (Supporting Layoff Notification, and Opposing Binding Arbitration, Contract Continuation)

028	F. Communication from Amy Rose Weinreich, Town Clerk, Town of Charlestown, to the RI City and Town Councils. (Resolution in Support of Gun Safety)

028	G. Communication from Amy Rose Weinreich, Town Clerk, Town of Charlestown, to the RI City and Town Councils. (Resolution in Support of Removal of the Master Lever Voting)

3	H. Communication from Diana Liss, Office of the Business Administrator, Pawtucket School Department, to the Pawtucket City Council. (Pawtucket School Committee Resolutions pertaining to the Backpack Program and the Use of Assessment Data for Education Effectiveness)

126	I. Communication from John N. Blais, Director, Parks and Recreation, to the Pawtucket City Council. (Invitation to Various Events – Project Renew, Sports Night, and Opening Day Ceremonies)

611	J. 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 January 31, 2013)

611	K. Communication from Jeannine S. Bourski, Deputy Finance Director, to Mayor Donald R. Grebien. (Uniform Overtime FY13)

589	L. Communication from His Honor, Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council. (Correction - Confirmed Appointment for Robert A. Wiley, Parks Commission Expiration – August, 2015)

589	M. Communication from His Honor, Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council. (Correction - Confirmed Appointment for Robert F. Raimbeault, Jr., Board of Appeals Expiration – January, 2015)

625	N. Communication from Antonio J. Pires, Director of Public Safety, to Richard J. Goldstein, MMC, City Clerk. (Response – Implementation of the Fire Department Efficiency Study)

590	P. Communication from His Honor, Mayor Donald R. Grebien, to the Honorable David P. Moran, City Council President. (Response – Economic Development)

	Q. Communication from Lance Hill, Public Works Director, to Richard J. Goldstein, MMC, City Clerk. (RIDOT request for shared-use salt storage facility) IS REFERRED TO THE CITY PROPERTY COMMITTEE.

	R. Communication from the Ad Hoc Pawtucket First Citizens Group to Council President David P. Moran and Council Members, requesting an amendment to the Zoning Ordinance to expedite or facilitate the Certificate of Zoning Compliance Process. IS REFERRED TO THE ORDINANCE COMMITTEE.

	S. THE FOLLOWING CLAIMS ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS: Christopher England - $2683.47/$3061.15 Stephanie Kane - $324.73/333.94 Gengler Vargas - $138.53 John Kelleher - $340.00 Richard DelCarpini - $89.60 Sandra Yeghian – Pending Estimates Caroline Linhares - $264.56 Barbara Prus - $133.04

028	O. Communication from Doug Hadden, Director of Constituent Services and Communications, to Honorable Members of the Pawtucket City Council. (Fully Executed MTG Contract for Privatization of Sanitation 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 Barry and Tetreault, is PASSED on a unanimous voice vote:

The Clerk is instructed to send a communication to His Honor, Mayor Donald R. Grebien, requesting that he submit to the Council for ratification the contract with MTG to pick-up refuse and recycling.

Communication from His Honor, Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council, submitting the following reappointment as the City Solicitor of the City of Pawtucket, FOR CONFIRMATION:

CITY SOLICITOR

589 Frank J. Milos, Jr., Esq. 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, Barry, Hodge, Mercer, Rudd, Tetreault, Vitali and Wildenhain.

NOES - 0.

CITY SOLICITOR

Frank J. Milos, Jr.

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.

588 RESOLUTION THANKING AND CONGRATULATING MAURICE P. “MOE’ TROTTIER, VETERANS OFFICER, FOR HIS SERVICE TO HIS COUNTRY AND TO THE CITY OF PAWTUCKET.

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.

588 RESOLUTION THANKING AND CONGRATULATING KIM MERCER, DEPUTY SUPERINTENDENT OF SCHOOLS, FOR HER YEARS OF SERVICE TO THE CHILDREN OF THE CITY OF PAWTUCKET.

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.

588 RESOLUTION IN SUPPORT OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PAWTUCKET AND THE PAWTUCKET SCHOOL DEPARTMENT THAT WOULD CONSOLIDATE THE INFORMATION TECHNOLOGY DEPARTMENTS OF THE TWO ORGANIZATIONS

UPON RECOMMENDATION OF THE FINANCE COMMITTEE, 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.

033 RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO CREDIT THE ACCOUNTS RECEIVABLES AS ABATEMENT OF TAXES IN THE AMOUNT OF $19,639.68 FOR THE PROPERTY OWNED BY TEKNOR APEX (AP11 LOTS 800, 353, 354, 397, 511, 515, 516, 727, 731, 732, 739, 740, 777, 784, and 786)

THE CHAIR RECOGNIZES COUNCILOR HODGE.

With majority consent of the Council, Councilor Hodge introduces the following communication:

630 Communication from Robert W. Burns, Acting Tax Assessor, to Councilor Thomas Hodge. (Tax Treaty Information – 81 Park Place)

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

Communication from Robert W. Burns, Acting Tax Assessor, to Councilor Thomas Hodge. (Tax Treaty Information – 81 Park Place)

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

AYES – President Moran, Councilors Barros, Barry, Hodge, Rudd, Vitali and Wildenhain.

NOES – Councilor Tetreault.

ABSTAINS – Councilor Mercer

619 Councilor Mercer abstains based on his statement that the person presently employed in this position is his first cousin. REPORT FILED.

330 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 CHAIR RECOGNIZES COUNCILOR WILDENHAIN.

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

The Clerk is instructed to send a communication to the Public Works/Cemetery Committee requesting that the Committee consider allocating money in the cemeteries fund to repair a fence at Oak Grove Cemetery on Central Avenue, which was damaged by a motorist who is uninsured. Also, the Council is requesting that the committee look at using some of the funds to make repairs to the house inside the entrance to the cemetery.

028 Communication from Michael F. Horan, Esq., representing 560 Mineral Spring Avenue Associates, LLC and DIBCO, LLC, to the Pawtucket City Council. (Project Narrative – Zone Change Request for 560 Mineral Spring Avenue) is READ AND ORDERED FILED.

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.

Jennifer Rider - $1,019.87

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.

Pauline Bonsignore - $349.93

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.

Nelson Poirier - $923.83

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.

Jacqueline Rodriguez - $3,024.30

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.

Joseph Wilson - $1,245.06

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 A. Beaudoin - $211.41

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.

Melanie DiSano - $295.06

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.

Anthony Fiocco - $300.00

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS POSTPONED, ON A UNANIMOUS VOICE VOTE:

East Coast Collision - $800.50

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

Marie Pauline Charpentier, by Sharon D. Sybel, Esq. - $100,000

James Richardson by Charles J. Vucci, Esq. - $100,000

Reinaldo Lobo by Michael Horan, Esq. – No Amount Specified

THE CHAIR RECOGNIZES COUNCILOR VITALI.

With majority consent of the Council, the following motion made by Councilor Vitali, on behalf of Council President Moran, seconded by Councilors Hodge and Barry, is PASSED on a unanimous voice vote:

The Clerk is instructed to send a communication to David Clemente, Purchasing Agent, requesting the latest update on emergency purchases by the City.

THE CHAIR RECOGNIZES COUNCILOR BARRY.

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

The Clerk is instructed to send a communication to Shawn Logue, Director, Zoning and Code Enforcement, requesting an update on the vacant and abandoned property list. If it is ready, the Council would like to see it. If it is not ready, they would like to know when it will be ready.

THE CHAIR RECOGNIZES COUNCILOR BARRY.

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

The Clerk is instructed to send a communication to Lance Hill, Director of Public Works, and Michael E. Burns, Traffic Engineering Supervisor, regarding the following two matters.

1. On Coyle Avenue, there should be a street light on every other pole. However, there is one missing on Pole 14 or 16 and it is very dark. The Council is requesting that National Grid be contacted to have a street light replaced or installed on the appropriate pole.

2. There is a RIPTA bus stop in front of 72 Benefit Street, across from the food pantry. The owner of 72 Benefit Street states that when people coming from the food pantry are waiting at the bus stop, they are disturbing his family and walking on his property. Since there is another bus stop a little way up the street, the Council is requesting that RIPTA be contacted to ask if it is possible to eliminate that stop.

Upon motion made by Councilor Wildenhain, seconded by Councilors Barros and Vitali, the meeting is adjourned at 8:43 p.m., in memory of Lena Belanger.