City Council, February 19, 2014
A regular session of the Pawtucket City Council is held Wednesday, February 19, 2014, at 7:38 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – President Moran, Councilors Barros, Barry, Hodge, Mercer, Rudd, Tetreault and Wildenhain.
Absent – Councilor Vitali.
President Moran presides.
The reading of the records of February 5, 2014, is dispensed with and the records are APPROVED as prepared by the Clerk.
UPON UNANIMOUS CONSENT OF THE COUNCIL, THE FOLLOWING MATTER IS TAKEN UP AT THIS TIME:
RESOLUTION IN SUPPORT OF THE PAWTUCKET SCHOOL DEPARTMENT FACILITIES MASTER PLAN.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Moran, Councilors Barros, Barry, Hodge, Mercer, Rudd, Tetreault, and Wildenhain.
NOES - 0.
RESOLUTION IN SUPPORT OF THE PAWTUCKET SCHOOL DEPARTMENT FACILITIES MASTER PLAN.
Upon motion made by Councilor Hodge, seconded by Councilor Barry, the *Consent Agenda is APPROVED, on a unanimous voice vote.
*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:
| | A. Communication from Rhode Island Clean Water Finance Agency to the City of Pawtucket (Various Forms and Statements) |
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| | B. Communication from Councilor Lorenzo C. Tetreault to Council President David P. Moran (Resignation from the Purchasing Board) |
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| | C. Communication from Gerald E. O’Neill, Attorney/Senior Business Agent , Council 94, to Council President David P. Moran (Pawtucket School Committee, RI Council 94, AFSCME, Local 1352 Agreement) |
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| | D. Communication from Amy Rose Weinreich, CMC, Charlestown Town Clerk, to Rhode Island City and Town Clerks (Resolution Opposing Opening the Chariho Act for Revision) |
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| | E. Communication from Amy Rose Weinreich, CMC, Charlestown Town Clerk, to Rhode Island City and Town Clerks (Resolution Supporting the Repeal of Master Lever Voting) |
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| ** | F. Communication from Ray Studley, CEO, Rhode Island Public Transit Authority, to Richard J. Goldstein, MMC, City Clerk (Response Regarding Route 79 Columbus Avenue) |
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| | G. Communication from His Honor, Mayor Donald R. Grebien, to Ronald E. Deighan. (Appointment to the Pawtucket Business Development Corporation) |
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| | H. Communication from His Honor, Mayor Donald R. Grebien, to Roger L. Messier. (Appointment to the Pawtucket Business Development Corporation) |
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| ** | I. Communication from Pat Sperduto, President, Waste Haulers, LLC, to the Pawtucket City Council. (Response – Information on Payments and an Update Concerning the Access Road for the Transfer Station) |
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| | J. Communication from Douglas J. Emanuel, Chance Ruttenberg & Freedman, LLP, Attorneys at Law, to Council President David P. Moran (Pawtucket Armory – Request for Ratification of Tax Treaty) IS REFERRED TO THE FINANCE COMMITTEE |
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| | K. Communication from Chris Starr, Starr Development Partners, LLC, to the Honorable Members of the Pawtucket City Council, requesting a tax treaty for the Redevelopment of the Property at 413 Central Avenue IS REFERRED TO THE FINANCE COMMITTEE. |
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| | L. Communication from Robert W. Burns, Tax Assessor, to John J. Barry, III, Chairman of the Finance Committee. (Tax Treaty Request for 413 Central Avenue) IS REFERRED TO THE FINANCE COMMITTEE. |
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| | M. Communication from Kenneth F. Riley, Chairman, Personnel Board, to the Honorable Members of the Pawtucket City Council. (Reclassification of Director of Personnel) |
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| | N. AN ORDINANCE IN AMENDMENT OF CHAPTER 3008 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR HE CITY OF PAWTUCKET IN CLASSIFIED NON-UNION. (Director of Personnel) - IS LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE. |
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| | O. Communication from His Honor, Mayor Donald R. Grebien, to the Honorable Members of the City Council. (Pawtucket Firefighters Union Contract) |
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| | P. Ratification of Contract Between the City of Pawtucket and Pawtucket Firefighters/International Association of Firefighters (IAFF) Local 1261 for the period of July 1, 2012 to June 30, 2013 IS REFERRED THE FINANCE COMMITTEE. |
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| | Q. Ratification of Contract Between the City of Pawtucket and Pawtucket Firefighters/International Association of Firefighters (IAFF) Local 1261 for the period of July 1, 2013 to June 30, 2016 IS REFERRED THE FINANCE COMMITTEE. |
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| | R. THE FOLLOWING CLAIMS ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS: Amanda Bowers by Progressive Insurance - $1,725.43 Kenneth Dooley - $275.00 Christopher Jeffrey -$3,390.83/$4,296.53 Stephanie Polion - $608.06/$651.01 Yvette Chartier - $809.42/$834.67 |
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| ** | TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY, NO OTHER ACTION TAKEN. |
THE CHAIR RECOGNIZES COUNCILOR BARRY.
With majority consent of the Council, the following motion made by Councilor Barry, seconded by Councilor Wildenhain, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Mayor Donald R. Grebien and Lance Hill, Director of Public Works, requesting an explanation on how they determine when to institute a parking ban during a snow storm. The Council does not understand the rationale for not instituting bans during storms over the previous week? Council members noted that several streets in the city have only narrow paths plowed because cars parked on the street interfered with the ability to plow. They also noted that many cities and towns in RI had bans in place.
The Council also wanted to know if Pawtucket utilizes a tow blitz during a parking ban, which entails having a police car ride along with a plow, tagging vehicles that are parked on the street and then towing them if they are not removed from the street within a certain period of time. Councilor Rudd noted that tow blitzes are used in Providence and Cranston.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, the following motion made by Councilor Hodge, seconded by Councilor Rudd, is PASSED on a unanimous voice vote:
The clerk is instructed to send a communication to Lance Hill, Director of Public Works, requesting to know how many subcontractors were used during the last storm. Councilor Hodge questions if there were fewer subcontractors used during this storm as compared to others.
THE CHAIR RECOGNIZES COUNCILOR MERCER.
With majority consent of the Council, the following motion made by Councilor Mercer, seconded by Councilor Rudd, is PASSED on a unanimous voice vote:
The clerk is instructed to send a communication to Shaun Logue, Director of Zoning and Code Enforcement requested that he and the city IT people correct a discrepancy on the website regarding the city’s snow shoveling ordinance (Secs. 351-20 & 21 of the Code of Ordinances). Councilor Mercer noted that he received a call from a constituent who owns two properties in the 3rd district, one with a paved sidewalk and one without. For many years, the constituent has shoveled the property with the paved sidewalk, but not the property without a paved sidewalk. This year, for the first time, the constituent received a citation for not shoveling a path on the property without a paved sidewalk. Councilor Mercer noted his conversation with Mr. Logue who informed him that the ordinance was changed a few years ago so that a sidewalk is no longer defined as “established and curbed.” Councilor Mercer also noted that the City website reminder to residents about the City’s snow shoveling ordinance mentions several times removing ice and snow from “public sidewalks.” This appears to be a discrepancy from the new definition of sidewalks that no longer requires sidewalks to be established and curbed. The Councilor is requesting that the City correct the discrepancy by updating the definition of sidewalk on the website.
Communication from His Honor Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council, submitting the following appointment as a member of the Historic District Commission, for confirmation:
HISTORIC DISTRICT 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, and Wildenhain.
NOES - 0.
HISTORIC DISTRICT COMMISSION
W. Bruce Tillinghast, 221 High Street, Pawtucket, RI 02860. Term expires the first Monday in February 2017
Communication from His Honor Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council, submitting the following appointment as a member of the Riverfront Commission, for confirmation:
RIVERFRONT 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, and Wildenhain.
NOES - 0.
RIVERFRONT COMMISSION
Christopher O’Neill, 65 Naushon Road, Pawtucket, RI 02861. Term expires the 1st Monday in June 2015. (To fill the unexpired term of Robert Billington)
THE CHAIR RECOGNIZES COUNCILOR MERCER.
Upon motion by Councilor Mercer, seconded by Councilor Wildenhain, the agenda is amended to include the following communication, on a unanimous voice vote:
Communication from Mayor Donald R. Grebien, to David P. Moran, President, Pawtucket City Council (McCoy Stadium – Lease Extension)
Upon motion by Councilor Mercer, seconded by Councilor Wildenhain, the following communication is READ AND ORDERED FILED and REFERRED TO CITY PROPERTY COMMITTEE on a unanimous voice vote:
Communication from Mayor Donald R. Grebien, to David P. Moran, President, Pawtucket City Council (McCoy Stadium – Lease Extension)
Communication from His Honor Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council, submitting the following reappointment as a member of the Personnel Board, for confirmation:
PERSONNEL 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, and Wildenhain.
NOES - 0.
PERSONNEL BOARD
Ann Marie McGee, 155 Benedict Street, Pawtucket, RI 02861. Term expires the first Monday in January 2017
THE CHAIR RECOGNIZES COUNCILOR BARROS.
With majority consent of the Council, the following motion made by Councilor Barros, seconded by Councilor Barry, is PASSED on a unanimous voice vote:
The Clerk is instructed to set up a Public Works/Cemetery Committee and a Snow Removal Committee on February 27, 2014.
THE CHAIR RECOGNIZES COUNCILOR BARROS.
Upon motion made by Councilor Barros, seconded by Councilor Mercer, the name of Councilor Albert Vitali, Jr. is placed in nomination as the Council Member to serve on the Purchasing Board.
THE CHAIR RECOGNIZES COUNCILOR BARROS.
Upon motion made by Councilor Barros, seconded by Councilor Mercer, Councilor Albert Vitali, Jr. is elected to serve on the Purchasing Board, term expires the first Monday in January 2015, (To fill the unexpired term of Councilor Tetreault), on a roll call vote, as follows:
AYES – President Moran, Councilors Barros, Barry, Hodge, Mercer, Rudd, Tetreault, and Wildenhain.
NOES - 0.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Moran, Councilors Barros, Barry, Hodge, Mercer, Rudd, Tetreault, and Wildenhain.
NOES - 0.
The following resolution is read and PASSED on a roll call vote, as follows:
AYES – President Moran, Councilors Barros, Barry, Hodge, Mercer, Rudd, Tetreault, 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 Barros, Barry, Hodge, Mercer, Rudd, Tetreault, 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 Barros, Barry, Hodge, Mercer, Rudd, Tetreault, 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 Barros, Barry, Mercer, Rudd, Tetreault, and Wildenhain.
NOES – Councilor Hodge.
THE FOLLOWING ORDINANCE IS TAKEN UP:
AN ORDINANCE IN AMENDMENT OF CHAPTER 59 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “PENSIONS” (Contribution to Police and Fire Pension Fund), AS AMENDED
THE CHAIR RECOGNIZES COUNCILOR HODGE:
Councilor Hodge proposes the following amendment to the above-titled ordinance:
AMENDMENT:
In SECTION 2, which repeals and replaces § 59-28 of the Code of Ordinances, the phrase, “less than 95% of the ARC,” which appears in sub-sections A, B, C and D of the new § 59-28, shall be replaced with the phrase, “95% or less of the ARC.”
The motion by Councilor Hodge, seconded by Councilors Barros and Rudd to amend the ordinance entitled, “AN ORDINANCE IN AMENDMENT OF CHAPTER 59 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “PENSIONS” (Contribution to Police and Fire Pension Fund), AS AMENDED” is DEFEATED on a roll call vote, as follows:
AYES – Councilor Hodge.
NOES -- President Moran, Councilors Barros, Barry, Mercer, Rudd, Tetreault, and Wildenhain.
The following ordinance is read for the SECOND time and PASSED on a roll call vote, as follows:
AYES – President Moran, Councilors Barros, Barry, Hodge, Mercer, Rudd, Tetreault, 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 Barros, Barry, Hodge, Mercer, Rudd, Tetreault, and Wildenhain.
NOES - 0.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, the following motion made by Councilor Hodge, at the request of Council President Moran, seconded by Councilor Rudd, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Deborah Cylke, Consultant to the Superintendent of Schools, Pawtucket School Department and Patti DiCenso, Interim Superintendent of Schools, regarding a letter that was sent to Ms. Cylke in October 2013.
In the first letter, the council wanted to know if there is a policy governing all school playgrounds. Is it the same for all playgrounds or are there different policies for each playground? For example, are they all open the same hours? What are the hours? Are they all locked at night? Is there a policy for allowing public use (other than students) of the playgrounds?
The council would like you to send them a list of all schools that have playgrounds. If there are written policies, please send a copy of the policies for the council.
Also, in the second letter, the council wanted to know information regarding the Curtis School playground. Specifically, will the Curtis School playground be open on weekends. If so, what hours will the playground be open and who will be responsible for opening and closing the playground.
Upon motion made by Councilor Hodge, seconded by the entire City Council, the meeting is adjourned at 8:36 p.m., in memory of former Assistant Fire Chief Robert Thurber.