City Council, May 7, 2014

A regular session of the Pawtucket City Council is held Wednesday, May 7, 2014, at 7:12 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.

Present – Councilors Barros, Barry, Hodge, Mercer, Rudd, Tetreault, Vitali and Wildenhain.

Absent – President Moran.

President Pro-Tempore Hodge presides.

THE COUNCIL RECESSES IMMEDIATELY TO CONDUCT THE FOLLOWING:

PUBLIC HEARING ON THE MUNICIPAL BUDGETS

FINANCE COMMITTEE MEETING

THE COUNCIL RECONVENES AT 7:30 P.M.

UPON UNANIMOUS CONSENT OF THE COUNCIL, THE FOLLOWING MATTERS ARE TAKEN UP AT THIS TIME:

ANNUAL OPERATING BUDGET ORDINANCE 2014-2015

CAPITAL BUDGET ORDINANCE 2014-2015

CAPITAL IMPROVEMENT PROGRAM ORDINANCE 2015-2019

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 Pro-Tempore Hodge, Councilors Barros, Barry, Mercer, Rudd, Tetreault, Vitali and Wildenhain.

NOES – 0.

ANNUAL OPERATING BUDGET ORDINANCE 2014-2015

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 Pro-Tempore Hodge, Councilors Barros, Barry, Mercer, Rudd, Tetreault, Vitali and Wildenhain.

NOES – 0.

CAPITAL BUDGET ORDINANCE 2014-2015

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 Pro-Tempore Hodge, Councilors Barros, Barry, Mercer, Rudd, Tetreault, Vitali and Wildenhain.

NOES – 0.

CAPITAL IMPROVEMENT PROGRAM ORDINANCE 2015-2019

The reading of the records of April 23, 2014, is dispensed with and the records are APPROVED as prepared by the Clerk.

Upon motion made by Councilor Barry, seconded by Councilor Wildenhain, the *Consent Agenda is APPROVED, on a unanimous voice vote.

*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:

028	A. Communication from Cheryl A. Fernstrom, CMC, Jamestown Town Clerk, to RI City and Town Clerks. (Resolution in Support of S-2034 and H-7593 relating to the Code of Ethics)

7	B. Communication from Rhode Island Clean Water Finance Agency to the City of Pawtucket (Various Forms and Statements)

061	C. Communication from Joanna L’Heureux, Finance Director, to the Honorable Members of the Pawtucket City Council. (Statement of Estimated, Realized and Unrealized Revenues for the Fiscal Period July 1, 2013 through March 31, 2014)

611	D. Communication from Jeannine S. Bourski, Deputy Finance Director, to Mayor Donald R. Grebien. (Uniform Overtime FY14)

611	E. Communication from Jeannine S. Bourski, Deputy Finance Director, to Joanna L’Heureux, Finance Director. (Medical Fund Report)

590	F. Communication from His Honor, Mayor Donald R. Grebien, to the Retired Former Members and Beneficiaries of the Pawtucket Fire and Police Departments. (Cost of Living Adjustment - Pension)

**1	G. Communication from Paul King, Chief of Police, to the Honorable Members of the Pawtucket City Council. (Response – Speeding on Grosvenor Avenue and Surrounding Area)

	I. Communication from Frank J. Milos, Jr., Esq., City Solicitor, to David P. Moran, President, Pawtucket City Council. (Boys & Girls Club Agreements) TO BE REFERRED TO THE CITY PROPERTY COMMITTEE.

630	J. Communication from Robert W. Burns, Tax Assessor, to the Honorable Members of the Pawtucket City Council. (Tax Abatements for October, November, and December, 2013)

	K. RESOLUTION AUTHORIZING THE ABATEMENT OF TAXES ON AUTOMOBILES, REAL ESTATE, AND TANGIBLE PERSONAL PROPERTY IN THE TOTAL AMOUNT OF $96,371.79 FOR OCTOBER, NOVEMBER, AND DECEMBER, 2013 – IS REFERRED TO THE FINANCE COMMITTEE.

	L. THE FOLLOWING CLAIMS TO BE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS: Liliveth Castano - $164.20 Donna Noonan - $50.00 Kelly Pierce, by Richard Tallo, Esq. - $100,000.00 Donna Scudieri - $1,386.19/$1,670.54 Isabelle Tremblay by Richard J. Savage, Esq. - $100,000.00

**	TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY, NO OTHER ACTION TAKEN.


1	H. Communication from Paul King, Chief of Police, to the Honorable Members of the Pawtucket City Council. (Response – Solicitation from Motorists) is READ AND ORDERED FILED.

THE CHAIR RECOGNIZES COUNCILOR RUDD.

Upon motion made by Councilor Rudd, seconded by Councilors Mercer and Barry, the agenda is amended to include the following, on a unanimous voice vote:

591 Communication from Councilor Timothy P. Rudd, Jr., Sixth District City Councilor, to the Pawtucket City Council. (Ordinance §351-62 – “Canning” in the streets)

Upon motion made by Councilor Rudd, seconded by Councilors Mercer and Barry, the following communication is READ AND ORDERED FILED and referred to the ORDINANCE COMMITTEE on a unanimous voice vote:

Communication from Councilor Timothy P. Rudd, Jr., Sixth District City Councilor, to the Pawtucket City Council. (Ordinance §351-62 – “Canning” in the streets)

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

589 Paul C. Mowrey, 5 Lowden Street, Pawtucket, RI 02860. Term expires the first Monday in February, 2017, 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 Pro-Tempore Hodge, Councilors Barros, Barry, Mercer, Rudd, Tetreault, Vitali and Wildenhain.

NOES - 0.

HISTORIC DISTRICT COMMISSION

Paul C. Mowrey, 5 Lowden Street, Pawtucket, RI 02860. Term expires the first Monday in February, 2017.

625 Communication from Antonio J. Pires, Director of Public Safety, to the Honorable Members of the Pawtucket City Council, submitting the following appointments to the city towing list:

Scorpio Towing & Recovery, Inc., 170 Broadway, Pawtucket, RI.

King’s Service Center, 231 Japonica Street, Pawtucket, RI.

is READ AND ORDERED FILED.

THE CHAIR RECOGNIZES COUNCILOR VITALI.

Upon motion made by Councilor Vitali, seconded by Councilors Barry and Mercer, the appointment of Scorpio Towing & Recovery, Inc., 170 Broadway, Pawtucket, RI is POSTPONED until the applicant provides a signed lease for the location in Pawtucket and has the tow trucks to be used in Pawtucket registered in Pawtucket.

THE CHAIR RECOGNIZES COUNCILOR MERCER.

Upon motion made by Councilor Mercer, seconded by Councilor Barry, the following appointment to the city tow list is APPROVED on a roll call vote, as follows:

AYES – President Pro-Tempore Hodge, Councilors Barros, Barry, Mercer, Rudd, Tetreault, Vitali and Wildenhain.

NOES - 0.

King’s Service Center, 231 Japonica Street, Pawtucket, RI.

UPON RECOMMENDATION OF THE PUBLIC WORKS/CEMETERY COMMITTEE, THE FOLLOWING RESOLUTION IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:

AYES – President Pro-Tempore Hodge, Councilors Barros, Barry, Mercer, Rudd, Tetreault, Vitali and Wildenhain.

NOES - 0.

588 RESOLUTION CHANGING THE NAME OF THAT PORTION OF WOODBINE STREET LOCATED BETWEEN COTTAGE STREET AND THE DEAD END TO “SANDY LANE.”

UPON RECOMMENDATION OF THE CITY PROPERTY COMMITTEE, THE FOLLOWING RESOLUTION IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:

AYES – President Pro-Tempore Hodge, Councilors Barros, Barry, Mercer, Rudd, Tetreault, Vitali and Wildenhain.

NOES - 0.

588 RESOLUTION AUTHORIZING THE ACQUISITION OF LAND FOR THE BENEFIT OF THE PAWTUCKET WATER SUPPLY BOARD. (Sumner Brown Road, Cumberland, RI)

UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING RESOLUTION IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:

AYES – President Pro-Tempore Hodge, Councilors Barros, Barry, Mercer, Rudd, Tetreault, Vitali and Wildenhain.

NOES - 0.

588 RESOLUTION IN SUPPORT OF LEGISLATION AUTHORIZING THE CITY OF PAWTUCKET TO EXEMPT FROM TAXATION THE REAL AND PERSONAL PROPERTY OF THE PAWTUCKET YOUTH SOCCER ASSOCIATION LOCATED AT 52 PLAIN STREET.

The following resolution is read and PASSED on a roll call vote, as follows:

AYES – President Pro-Tempore Hodge, Councilors Barros, Barry, Mercer, Rudd, Tetreault, Vitali and Wildenhain.

NOES - 0.

588 RESOLUTION IN SUPPORT OF FUNDING TO SUSTAIN THE MUNICIPAL ROAD AND BRIDGE REVOLVING FUND FOR FY2015.

592 Communication from Barney S. Heath, Director, Planning & Redevelopment, and Edward Soares, CDBG Program Manager, to the Honorable Members of the Pawtucket City Council. (Supporting Material for the 2014-2015 Consolidated Plan for the use of funding from the CDBG, HOME, and ESG Programs) is READ AND ORDERED FILED.

The following resolution is read and PASSED on a roll call vote, as follows:

AYES – President Pro-Tempore Hodge, Councilors Barros, Barry, Mercer, Rudd, Tetreault, Vitali and Wildenhain.

NOES - 0.

588 RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR FUNDS UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR THE 2014-2015 CDBG PROGRAM YEAR.

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

AYES – President Pro-Tempore Hodge, Councilors Barros, Barry, Mercer, Rudd, Tetreault, Vitali and Wildenhain.

NOES - 0.

330 AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET FOR UNIFORM MEMBERS OF THE FIRE DEPARTMENT AND REPEALING CHAPTER 2920 IN ITS ENTIRETY. (July 1, 2013 – June 30, 2016) SUBSTITUTE A

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE APPROVED FOR PAYMENT ON A ROLL CALL VOTE, AS FOLLOWS:

AYES – President Pro-Tempore Hodge, Councilors Barros, Barry, Mercer, Rudd, Tetreault, Vitali and Wildenhain.

NOES - 0.

Melodye Broadley - $300.00

Lisa Hamel - $300.00

Catherine Sajous - $300.00

Alan Souza - $268.82

Linda Sheally - $1,023.49

Timothy Dalton - $238.71

Joaquim Marques - $4,418.39

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE MOTION TO DENY THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:

AYES – President Pro-Tempore Hodge, Councilors Barros, Barry, Mercer, Rudd, Tetreault, Vitali and Wildenhain.

NOES - 0.

Filomena Vaz - $398.60

Aloise Curtin by Travelers Insurance - $2,448.09

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE MOTION TO DENY THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY, CLAIMANT TO CONTACT NATIONAL GRID, IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:

AYES – President Pro-Tempore Hodge, Councilors Barros, Barry, Mercer, Rudd, Tetreault, Vitali and Wildenhain.

NOES - 0.

Barry Massey - $4,549.45

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE MOTION TO DENY THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY, CLAIMANT TO CONTACT THE PAWTUCKET WATER SUPPLY BOARD, IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:

AYES – President Pro-Tempore Hodge, Councilors Barros, Barry, Mercer, Rudd, Tetreault, Vitali and Wildenhain.

NOES - 0.

Nataly Pemberthy - $110.00

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

Craig Boudreau by Rosencranz & Associates – No Amount Specified

Ruth Rezendes by Matthew A. Durfee, Esq. – No Amount Specified

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:

Anthony Monte - $2,108.56/$3,670.00

Upon motion made by Councilor Barry, seconded by Councilor Barros, the meeting is adjourned in honor of Maureen Johnston on her 80^th Birthday, at 8:25 p.m.