Pawtucket City Council
March 20, 2013
A regular session of the Pawtucket City Council is held Wednesday, March 20, 2013, at 7:52 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – President Moran, Councilors Barry, Hodge, Mercer, Rudd, Tetreault, Vitali and Wildenhain.
Absent – Councilor Barros.
President Moran presides.
The reading of the records of March 6, 2013 is dispensed with and the records are APPROVED as prepared by the Clerk.
Upon motion made by Councilor Hodge, seconded by Councilor 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 March 3-9 and 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 James R. Primeau, Resident Engineer, Rhode Island Department of Transportation – Construction Management, Bridge #550, Pawtucket. (Press Release – Closure of Exit 27 from I-95 Southbound for approximately 6-weeks beginning March 18, 2013) |
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| | D. Communication from Donna L. Giordano, MMC, Westerly Town Clerk. to RI City and Town Clerks. (Resolution Opposing Binding Arbitration for School Teacher Contracts) |
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| | E. Communication from Denise Panichas, Executive Director, The Samaritans of Rhode Island, to the Honorable Mayor Donald R. Grebien and the Honorable Pawtucket City Council. (Thank You for Annual Donation to the Samaritans) |
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| | F. Communication from His Honor, Mayor Donald R. Grebien, to the Honorable Michael J. McCaffrey, Chairman of the Senate Judiciary Committee. (Support of Voter ID Law) |
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| | G. Communication from His Honor, Mayor Donald R. Grebien, to Robert Kando, Executive Director, RI Board of Elections. (Support of new Optical Scan Voting Machines) |
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| | H. Communications from His Honor, Mayor Donald R. Grebien, to the US Congressional Delegation. (Concern regarding Cut to CDBG/HOME FY14 Allocation by $180,000) |
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| | I. Communication from His Honor, Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council. (Reappointment of Directors) |
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| | K. Communication from Barney S. Heath, Director, Planning & Redevelopment, to the Pawtucket City Council. (RIPTA Public Meeting to Review Proposed Bus Route Changes in Pawtucket – Thursday, March 21, 2013, 5:00 p.m., Visitor’s Center) |
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| | L. Communication from Michael E. Burns, Traffic Engineering Supervisor, to the Pawtucket City Council. (Response – Benefit Street & Coyle Avenue) |
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| ** | M. Communication from David Clemente, Purchasing Director, to the Honorable Members of the Pawtucket City Council. (Response – Emergency Purchase Orders for January and February 2013) |
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| ** | N. Communication from Antonio J. Pires, Director of Administration, to the Honorable Members of the Pawtucket City Council. (Draft Ordinance regarding the Retirement Pay and Benefits of Police and Fire Chiefs) is REFERRED TO THE FINANCE COMMITTEE. |
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| | O. Petition for a Zone Change and Comprehensive Plan Amendment by John Shekarchi, Esq., representing Arax Realty LLC, to the Pawtucket City Council, requesting that 1101 Newport Avenue, Tax Assessor’s Plat 12, Lot 738, be changed from a Residential Two-Family (RT) District to a Commercial General (CG) District with Self-Imposed Land Use Restrictions, is REFERRED TO THE ORDINANCE COMMITTEE. |
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| | P. THE FOLLOWING CLAIMS ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS: Khalil Alamir - $237.34 William Anderson $174.40-$258.32 John Botelho - $2,651.85+$6.21/$3,012.91+$6.21 Cheryl Carvalho - $269.36 Nichole Good - $295.00 Kenneth MacGregor - $710.00/$748.76 Carrie Pettigrew - $2,988.95/$3,000.00 Arthur Prescott - $243.13 Carlotta Puleo - $4,400.00 Jessica Robert - $131.26 Joanne Schondek - $38.27 Norman Simard - $206.54 Jean Terry – Pending Estimates Paul and Pauline Tougas – No Amount Specified |
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| ** | TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY, NO OTHER ACTION TAKEN. |
| | J. Communication from His Honor, Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council. (Response – Regarding Ratification of MTG Contract) is READ AND ORDERED FILED. |
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, Councilor Hodge introduces the following communication:
Upon motion made by Councilor Hodge, seconded by Councilor Barry, the following communication is READ AND ORDERED FILED:
Communication from Thomas E. Hodge, Pawtucket City Councilor-at-Large, to Attorney General Peter Kilmartin, requesting an opinion/guidance regarding the Council’s right and responsibility to ratify contracts entered into by the executive branch.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, Councilor Hodge introduces the following resolution:
RESOLUTION REQUESTING THAT THE FLEET OF CITY TRASH REMOVAL EQUIPMENT AND VEHICLES NOT BE SOLD, SCRAPPED OR OTHERWISE DISPOSED OF FOR A MINIMUM OF SIX MONTHS COMMENCING ON THE MONTH FOLLOWING THE TRANSITION TO THE PRIVATE VENDOR.
Upon motion made by Councilor Hodge, seconded by Councilor Barry, the following resolution is POSTPONED UNTIL THE NEXT MEETING:
RESOLUTION REQUESTING THAT THE FLEET OF CITY TRASH REMOVAL EQUIPMENT AND VEHICLES NOT BE SOLD, SCRAPPED OR OTHERWISE DISPOSED OF FOR A MINIMUM OF SIX MONTHS COMMENCING ON THE MONTH FOLLOWING THE TRANSITION TO THE PRIVATE VENDOR.
THE CHAIR RECOGNIZES COUNCILOR BARRY.
With majority consent of the Council, Councilor Barry introduces the following:
Communication from His Honor, Mayor Donald R. Grebien, to the Pawtucket City Council. (Police and Fire Pension)
Police and Firefighters Pension Funding Improvement Plan
Upon motion made by Councilor Barry, seconded by Councilors Mercer, Vitali, and Hodge, the following are READ AND ORDERED FILED AND REFERRED TO THE FINANCE COMMITTEE:
Communication from His Honor, Mayor Donald R. Grebien, to the Pawtucket City Council. (Police and Fire Pension)
Police and Firefighters Pension Funding Improvement Plan
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING CONTRACT IS RATIFIED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Moran, Councilors Barry, Hodge, Mercer, Rudd, Tetreault, Vitali and Wildenhain.
NOES - 0.
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 Councilor Rudd, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Antonio J. Pires, Director of Administration and to Frank J. Milos, Jr., Esq., City Solicitor, regarding why the contract for actuarial services on the Police and Fire Pension Funding Improvement Plan was not presented to the Council for their review and/or approval. The Council asks if this contract was done by RFP or if this was an extension of a current contract.
THE CHAIR RECOGNIZES COUNCILOR VITALI.
With majority consent of the Council, Councilor Vitali introduces the following claim:
Claim of Elizabeth Soares - $206.12
Upon motion made by Councilor Vitali, seconded by Councilor Rudd, the following claim for damages against the City is REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Claim of Elizabeth Soares - $206.12
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.
THE FOLLOWING RESOLUTION IS TAKEN UP:
RESOLUTION IN SUPPORT OF LEGISLATION EXEMPTING PERSONS SERVING AS MEMBERS OF THE PAWTUCKET CITY PENSION BOARD FROM CIVIL LIABILITY WHILE ACTING IN SAID CAPACITY AS LONG AS THEY ACT IN GOOD FAITH
THE CHAIR RECOGNIZES COUNCILOR HODGE.
Upon motion made by Councilor Hodge, seconded by Councilors Barry and Wildenhain, the following resolution is POSTPONED until the Council gets a response to their question on whether they are already protected as elected officials or if they should be added to the legislation in the resolution to give them protection from their decisions regarding the police and fire pension plan.
RESOLUTION IN SUPPORT OF LEGISLATION EXEMPTING PERSONS SERVING AS MEMBERS OF THE PAWTUCKET CITY PENSION BOARD FROM CIVIL LIABILITY WHILE ACTING IN SAID CAPACITY AS LONG AS THEY ACT IN GOOD FAITH
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.
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 THE RECOMMENDATION OF THE CITY PROPERTY COMMITTEE, 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 FINANCE COMMITTEE, THE FOLLOWING RESOLUTION IS INDEFINITELY POSTPONED ON A UNANIMOUS VOICE VOTE:
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.
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, 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 FINANCE COMMITTEE, 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 FINANCE COMMITTEE, 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.
The following ordinance is read for the SECOND time and PASSED on a roll call vote, as follows:
AYES – President Moran, Councilors Barry, Hodge, Mercer, Rudd, Tetreault, Vitali and Wildenhain.
NOES - 0.
THE FOLLOWING ORDINANCE RETURNED BY THE ORDINANCE COMMITTEE IS TAKEN UP:
AN ORDINANCE ESTABLISHING CHAPTER 120 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ARTS AND CULTURE.” (ARTS, CULTURE AND BUSINESS COMMISSION)
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, Councilor Hodge introduces the following amendments:
AN ORDINANCE ESTABLISHING CHAPTER 120 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ARTS AND CULTURE.” (ARTS, CULTURE AND BUSINESS COMMISSION ADVISORY COMMISSION ON ARTS AND CULTURE)
§120-1 Purpose
There is hereby created an Arts, Culture and Business Commission Advisory Commission on Arts and Culture (hereafter known as “the Commission”) that shall be responsible for promoting the arts and culture and businesses in publicly owned spaces in the City of Pawtucket.
§120-3 Functions
The functions of the Commission shall be to
a. Foster and promote an understanding and a respect for all Showcase the different types of arts and cultures in the City.
b. Foster and promote Showcase businesses within the City of Pawtucket through displays placed in City Hall or in any other municipal property.
§120-4 Powers and duties
1. The Commission shall make recommendations to the Mayor regarding:
a. Increasing opportunities for arts and businesses in Pawtucket;
b. Improving the coordination between the arts community, the public sector, the private sector, the non-profit sector and the public;
c. Identifying Providing funding opportunities for artistic ventures in the City;
d. Improving the environment for artists and businesses in Pawtucket; and
e. Improving the promotion of arts, cultural and business activities and supporting arts educational programs in the City.
2. At the request of the Mayor, the Commission shall promote, plan, coordinate and carry out activities to showcase the arts, cultural culture and businesses in the city, activities, as well as arts related educational programs and displays throughout the City of Pawtucket.
§120-5 Rules and Regulations
The Pawtucket Arts and Business Commission shall be authorized to promulgate and establish its own rules and regulations or bylaws. Prior to their implementation, any rules and regulations or bylaws or amendments thereto shall be submitted to the Mayor for approval prior to their implementation. approved by the Mayor after being submitted to the Mayor and the City Council for their review.
Upon motion made by Councilor Hodge, seconded by Councilors Rudd, Barry, and Mercer, the following amendments are APPROVED on a roll call vote, as follows:
AYES – President Moran, Councilors Barry, Hodge, Mercer, Rudd, Tetreault, Vitali and Wildenhain.
NOES - 0.
AMENDMENTS
AN ORDINANCE ESTABLISHING CHAPTER 120 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ARTS AND CULTURE.” (ARTS, CULTURE AND BUSINESS COMMISSION ADVISORY COMMISSION ON ARTS AND CULTURE)
§120-1 Purpose
There is hereby created an Arts, Culture and Business Commission Advisory Commission on Arts and Culture (hereafter known as “the Commission”) that shall be responsible for promoting the arts and culture and businesses in publicly owned spaces in the City of Pawtucket.
§120-3 Functions
The functions of the Commission shall be to
c. Foster and promote an understanding and a respect for all Showcase the different types of arts and cultures in the City.
d. Foster and promote Showcase businesses within the City of Pawtucket through displays placed in City Hall or in any other municipal property.
§120-4 Powers and duties
1. The Commission shall make recommendations to the Mayor regarding:
f. Increasing opportunities for arts and businesses in Pawtucket;
g. Improving the coordination between the arts community, the public sector, the private sector, the non-profit sector and the public;
h. Identifying Providing funding opportunities for artistic ventures in the City;
i. Improving the environment for artists and businesses in Pawtucket; and
j. Improving the promotion of arts, cultural and business activities and supporting arts educational programs in the City.
2. At the request of the Mayor, the Commission shall promote, plan, coordinate and carry out activities to showcase the arts, cultural culture and businesses in the city, activities, as well as arts related educational programs and displays throughout the City of Pawtucket.
§120-5 Rules and Regulations
The Pawtucket Arts and Business Commission shall be authorized to promulgate and establish its own rules and regulations or bylaws. Prior to their implementation, any rules and regulations or bylaws or amendments thereto shall be submitted to the Mayor for approval prior to their implementation. approved by the Mayor after being submitted to the Mayor and the City Council for their review.
The following ordinance is read for the FIRST time, AS AMENDED, 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 ESTABLISHING CHAPTER 120 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ARTS AND CULTURE.” (ARTS, CULTURE AND BUSINESS COMMISSION ADVISORY COMMISSION ON ARTS AND CULTURE) AS AMENDED
Upon motion made by Councilor Wildenhain, seconded by Councilor Barry, the meeting is adjourned at 8:22 p.m., in memory of Claire Melchert.