City Council, February 11, 2015

 

 

A regular session of the Pawtucket City Council is held Wednesday, February 11, 2015, at 7:39 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI. 

 

Present – President Moran, Councilors Barry, Hodge, Mercer, Rudd, Tetreault and Wildenhain.

 

Absent – Councilors Bray and Cano.

 

President Moran presides.

 

 

THE CHAIR RECOGNIZES COUNCILOR HODGE.

 

Upon motion made by Councilor Hodge, seconded by Councilor Tetreault, the agenda is amended to include the following communication:

 

Communication from Councilor Sandra Cano to the Honorable David P. Moran, Pawtucket City Council President.

 

Upon motion made by Councilor Hodge, seconded by Councilor Tetreault, the following communication is READ INTO THE RECORD, AS FOLLOWS:

 

Communication from Councilor Sandra Cano to the Honorable David P. Moran, Pawtucket City Council President:

 

Dear President Moran,

 

I am writing to transmit my formal request to be excused from the meeting of the City Council scheduled for Wednesday, February 11, 2015. As a member of this honorable body I take my responsibility to the people of Pawtucket very seriously. Unfortunately, an urgent family issue has developed which requires that I travel immediately and, therefore, will be unable to attend Wednesday’s meeting.

 

I respectfully ask that this letter be read into the record on Wednesday.  Thank you for your prompt attention to this matter.

 

Respectfully,

Sandra Cano

 

 

The reading of the records of January 21, 2015 is dispensed with and the records are APPROVED as prepared by the Clerk.

 

 

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

 

 

*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:

 

028	A.    Communication from Chief Judge Donna M. Nesselbush, to Council President David P. Moran (Requesting Re-Appointment as Chief Judge)
028	B.     Communication from Chief Judge Donna M. Nesselbush, to Council President David P. Moran (Recommending Jack Gannon for Re-Appointment as Associate Judge)
028	C.     Communication from John T. Gannon to Council President David P. Moran and Pawtucket City Council (Requesting Re-Appointment as Associate Justice of the Municipal/Housing Court)
028 589	D.    Communication from Ashley Prester, AIA, to Susan Mara, Assistant Director, Planning and Redevelopment (Resignation from the Pawtucket Historic District Commission)
028	E.     Communication from Jean M. Fecteau, CMC, Glocester Town Clerk, to RI City and Town Clerks. (Resolution Opposing 2015 Legislation – An Act Relating to Taxation – Levy and Assessment of Local Taxes)
611	F.      Communication from Joanna L’Heureux, Finance Director, to Honorable Members of the Pawtucket City Council (RI Department of Revenue, Division of Municipal Finance’s “Report on the Property Tax Cap, Fiscal Year 2015”)
7	G.    Communication from Rhode Island Clean Water Finance Agency to the City of Pawtucket (Various Forms and Statements)
028	H.    Communication from Margie Butler, Brand Strategy and Creative Economy Consulting, to Pawtucket City Council (NEA Overpass Art Project)
1	I.       An Act Concerning the Use of Electronic Defense Weapons by Police Officers
592	J.       Communication from Barney S. Heath, Director, Planning & Redevelopment, to Councilor David P. Moran, President, Pawtucket City Council.  (Response – Mineral Spring Avenue Sidewalk Clean-Up)
630	K.    Communication from Robert W. Burns, Tax Assessor, to the Honorable Members of the Pawtucket City Council.  (Tax Abatements for July, August and September, 2014)
	L.     RESOLUTION AUTHORIZING THE ABATEMENT OF TAXES ON AUTOMOBILES, REAL ESTATE, AND TANGIBLE PERSONAL PROPERTY IN THE TOTAL AMOUNT OF $354,123.64 FOR JULY, AUGUST AND SEPTEMBER, 2014 – IS REFERRED TO THE FINANCE COMMITTEE
	M.   Communication from Matt Hudak to Pawtucket City Council (Requesting a Memorial Plaque for Raymond J. Gagne at the corner of Mendon Avenue and Roosevelt Avenue) IS REFERRED TO THE CITY PROPERTY COMMITTEE
	N.    Communication from Barney S. Heath, Director of Planning and Redevelopment, to the Pawtucket City Council (Conveyance of RIDOT Land on Summit Street to the City of Pawtucket) IS REFERRED TO THE CITY PROPERTY COMMITTEE
	O.    AN ORDINANCE IN AMENDMENT OF CHAPTER 63 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “PERSONNEL POLICIES.” (AUTOMOBILE USAGE REPORTS TO INCLUDE MILEAGE) IS REFERRED TO THE ORDINANCE COMMITTEE
	P.      AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ZONING” – TEXT AND OFFICIAL MAPS (HISTORIC DISTRICT – 15 LAUREL AVENUE) IS REFERRED TO THE ORDINANCE COMMITTEE
	Q.    THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS: Neil Beranbaum - $731.68/$885.46 Scott and Jennifer Hamel and minor son D.H. by Patricia Andrews Esq. - $400,000.00 William Smith - $72.00

 

 

 

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 in instructed to send a communication to Mayor Donald R. Grebien, requesting that he provide them with the annual automobile usage report for the fiscal year July 1, 2013 thru June 30, 2014.

 

 

609   Communication from Chris Montalto, Engineering Supervisor, Distribution Design, National Grid, to Richard J. Goldstein, MMC, City Clerk, requesting a proposal for a new joint pole on Warren Avenue, IS APPROVED PENDING THE APPROVAL OF THE DIRECTOR OF PUBLIC WORKS.

 

 

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 City Public Library Board of Trustees, for CONFIRMATION:

 

CITY PUBLIC LIBRARY BOARD OF TRUSTEES

 

589   Joshua Choiniere, 213 Benjamin Street, Pawtucket, RI 02861. Term expires the first Monday in January 2017. To fill the unexpired term of Hector M. Munoz 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 Barry, Hodge, Mercer, Rudd, Tetreault and Wildenhain.

 

NOES - 0.

 

CITY PUBLIC LIBRARY BOARD OF TRUSTEES

 

Joshua Choiniere, 213 Benjamin Street, Pawtucket, RI 02861. Term expires the first Monday in January 2017. To fill the unexpired term of Hector M. Munoz

 

 

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

 

NOES - 0.

 

CITY SOLICITOR

 

Frank J. Milos, Jr.

 

 

THE FOLLOWING MATTERS ARE TAKEN UP:

 

ELECTION OF CITY OFFICERS:

 

 

CITY SERGEANT (2-YEAR TERM)

 

THE CHAIR RECOGNIZES COUNCILOR BARRY.

 

591   Upon motion made by Councilor Barry, seconded by Councilors Rudd and Mercer, the name of AMA AMPONSAH is placed in nomination to serve as the City Sergeant.

 

With no other nominations offered, AMA AMPONSAH IS ELECTED CITY SERGEANT (Two Year Term) on a roll call vote, as follows:

 

AYES – President Moran, Councilors Barry, Hodge, Mercer, Rudd, Tetreault and Wildenhain.

 

OTHERS - 0.

 

 

JUDGE OF PROBATE (2-YEAR TERM)

 

 

THE CHAIR RECOGNIZES COUNCILOR BARRY.

 

591   Upon motion made by Councilor Barry, seconded by Councilors Tetreault and Hodge, the name of CRISTINE L. MCBURNEY is placed in nomination to serve as the Judge of Probate.

 

With no other nominations offered, CRISTINE L. MCBURNEY IS ELECTED JUDGE OF PROBATE (Two Year Term) on a roll call vote, as follows:

 

AYES – President Moran, Councilors Barry, Hodge, Mercer, Rudd, Tetreault and Wildenhain.

 

OTHERS - 0.

 

 

MUNICIPAL JUDGE  (3-YEAR TERM)

 

 

THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.

 

648   Upon motion made by Councilor Wildenhain, seconded by Councilors Tetreault, Rudd, and Hodge, the name of DONNA M. NESSELBUSH is placed in nomination to serve as the Municipal Judge.

 

With no other nominations offered, DONNA M. NESSELBUSH IS ELECTED MUNICIPAL JUDGE (Three-Year Term) on a roll call vote, as follows:

 

AYES – President Moran, Councilors Barry, Hodge, Mercer, Rudd, Tetreault and Wildenhain.

 

OTHERS - 0.

 

 

ASSOCIATE MUNICIPAL JUDGE  (3-YEAR TERM)

 

 

THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.

 

648   Upon motion made by Councilor Wildenhain, seconded by Councilor Hodge, the name of JOHN T. GANNON is placed in nomination to serve as the Associate Municipal Judge

 

With no other nominations offered, JOHN T. GANNON IS ELECTED ASSOCIATE MUNICIPAL JUDGE (Three-Year Term) on a roll call vote, as follows:

 

AYES – President Moran, Councilors Barry, Hodge, Mercer, Rudd, Tetreault and Wildenhain.

 

OTHERS - 0.

 

 

THE FOLLOWING ARE ELECTED WEIGHERS OF MERCHANDISE (2 Year Terms) ON A UNANIMOUS VOICE VOTE:

 

Adam Sinel

Charles R. Sinel

Samuel S. Sinel

 

 

THE FINANCE COMMITTEE SUBMITS THE FOLLOWING WITH A RECOMMENDATION TO DENY:

 

Continuation of Contract with LGC&D for Auditing Services for FY 2015

 

Upon motion made by Councilor Barry, seconded by Councilor Wildenhain, the following matter is DENIED on a roll call vote, as follows:

 

AYES –   0.

 

NOES –   President Moran, Councilors Barry, Hodge, Mercer, Rudd, Tetreault and Wildenhain

 

Continuation of Contract with LGC&D for Auditing Services for FY 2015

 

 

COUNCILOR BARRY LEAVES THE CHAMBERS AT 8:00 P.M.

 

 

UPON RECOMMENDATION OF THE FINANCE COMMITTEE AND CITY PROPERTY COMMITTEE, THE FOLLOWING RESOLUTION IS READ AND PASSED, ON A ROLL CALL VOTE, AS FOLLOWS:

 

AYES – President Moran, Councilors Hodge, Mercer, Rudd, Tetreault and Wildenhain.

 

NOES - 0.

 

619   Councilor Barry recuses himself based on his statement that he is an employee of the Diocese of Providence. (report filed)

 

588   RESOLUTION IN SUPPORT OF NEGOTIATIONS WITH THE DIOCESE OF PROVIDENCE FOR THE PURCHASE OR LEASE/PURCHASE OF THE ST. LEO THE GREAT SCHOOL, 723 CENTRAL AVENUE, PAWTUCKET, RI.

 

 

COUNCILOR BARRY RETURNS TO THE CHAMBERS AT 8:02 P.M.

 

 

 

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

 

AYES – President Moran, Councilors Barry, Hodge, Mercer, Rudd, Tetreault and Wildenhain.

 

NOES - 0.

 

335   RESOLUTION AUTHORIZING THE CITY OF PAWTUCKET TO PROVIDE FOR THE IMPROVEMENT AND REPLACEMENT OF TRAFFIC CONTROL DEVICES IN THE CITY OF PAWTUCKET AND AUTHORIZING THE FINANCE THEREOF, INCLUDING THE ISSUANCE OF NOT MORE THAN $500,000 BONDS, NOTES AND OTHER EVIDENCES OF INDEBTEDNESS THEREFOR

 

 

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

 

AYES – President Moran, Councilors Barry, Hodge, Mercer, Rudd, Tetreault and Wildenhain.

 

NOES - 0.

 

335   RESOLUTION AUTHORIZING THE CITY OF PAWTUCKET TO PROVIDE FOR THE RENOVATION AND RECONSTRUCTION AND EQUIPPING OF PUBLIC RECREATION FACILITIES IN THE CITY OF PAWTUCKET AND AUTHORIZING THE FINANCING THEREOF, INCLUDING THE ISSUANCE OF NOT MORE THAN $1,200,000 BONDS, NOTES AND OTHER EVIDENCES OF INDEBTEDNESS THEREFOR

 

 

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

 

AYES – President Moran, Councilors Barry, Hodge, Mercer, Rudd, Tetreault and Wildenhain.

 

NOES - 0.

 

335   RESOLUTION AUTHORIZING THE CITY OF PAWTUCKET TO FINANCE THE COMPREHENSIVE DESIGN, CONSTRUCTION, REPAIR, REHABILITATION AND IMPROVEMENT OF STREETS AND SIDEWALKS IN THE CITY, INCLUDING, BUT NOT LIMITED TO, PAVING, DRAINAGE, TRAFFIC CONTROL DEVICES, SAFETY IMPROVEMENTS AND LANDSCAPING BY THE ISSUANCE OF NOT MORE THAN $15,000,000 BONDS, NOTES AND OTHER EVIDENCES OF INDEBTEDNESS THEREFOR

 

 

 

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 Michael Burns, Traffic Engineer, requesting that he provide the Council with the cost of placing electronic speed signs in the various school zones of the city. The Council suggests using the money from the $15 million streets and sidewalks bond to pay for the devices.

 

 

 

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

 

AYES – President Moran, Councilors Barry, Hodge, Mercer, Rudd, Tetreault and Wildenhain.

 

NOES - 0.

 

335   RESOLUTION AUTHORIZING THE CITY OF PAWTUCKET TO PROVIDE FOR THE CONSTRUCTION AND RECONSTRUCTION OF STREETS AND SIDEWALKS INCLUDING, BUT NOT LIMITED TO, LANDSCAPING, IN THE CITY OF PAWTUCKET AND AUTHORIZING THE FINANCING THEREOF, INCLUDING THE ISSUANCE OF NOT MORE THAN $1,200,000 BONDS, NOTES AND OTHER EVIDENCES OF INDEBTEDNESS THEREFOR

 

 

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

 

AYES – President Moran, Councilors Barry, Hodge, Mercer, Rudd, Tetreault and Wildenhain.

 

NOES - 0.

 

335   RESOLUTION AUTHORIZING THE CITY OF PAWTUCKET TO PROVIDE FOR THE RENOVATION AND IMPROVEMENT OF THE SENIOR CENTER, PUBLIC LIBRARY, POLICE AND FIRE STATIONS, CITY HALL AND OTHER PUBLIC BUILDINGS IN THE CITY OF PAWTUCKET AND AUTHORIZING THE FINANCING THEREOF, INCLUDING THE ISSUANCE OF NOT MORE THAN $2,600,000 BONDS, NOTES AND OTHER EVIDENCES OF INDEBTEDNESS THEREFOR

 

 

 

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

 

AYES – President Moran, Councilors Barry, Hodge, Mercer, Rudd, Tetreault and Wildenhain.

 

NOES - 0.

 

335   RESOLUTION AUTHORIZING THE CITY OF PAWTUCKET TO PROVIDE FOR CONSTRUCTION AND RECONSTRUCTION OF THE SEWER AND SANITATION SYSTEM IN THE CITY OF PAWTUCKET AND AUTHORIZING THE FINANCING THEREOF, INCLUDING THE ISSUANCE OF NOT MORE THAN $300,000 BONDS, NOTES AND OTHER EVIDENCES OF INDEBTEDNESS THEREFOR

 

 

THE CHAIR RECOGNIZES COUNCILOR RUDD.

 

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

 

The clerk in instructed to send a communication to Lance Hill, Director of Public Works, requesting updates on the Mineral Spring Avenue project that the state is supposed to start in the spring and the DEM grant for the Max Reed Field project.

 

 

 

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

 

AYES – President Moran, Councilors Barry, Hodge, Mercer, Rudd, Tetreault and Wildenhain.

 

NOES - 0.

 

335   RESOLUTION AUTHORIZING THE CITY OF PAWTUCKET TO PROVIDE FOR THE RECONSTRUCTION OF BRIDGES IN THE CITY OF PAWTUCKET AND AUTHORIZING THE FINANCING THEREOF, INCLUDING THE ISSUANCE OF NOT MORE THAN $200,000 BONDS, NOTES AND OTHER EVIDENCES OF INDEBTEDNESS THEREFOR

 

 

 

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 Moran, Councilors Barry, Hodge, Mercer, Rudd, Tetreault and Wildenhain.

 

NOES – 0.

 

Alyssa Escobar - $231.79

Diane Granja - $300.00

Susan Piche - $137.84

 

 

 

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

 

AYES – President Moran, Councilors Barry, Hodge, Mercer, Rudd, Tetreault and Wildenhain.

 

NOES – 0.

 

Stephen Brissette - $32.24

Jose DeBarros - $72.08

 

 

 

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:

 

James Gautreau – No Amount Specified

Maureen Raia-Taylor - $650.00

Larry Castano by Michael Tarro, Esq. - $10,000.00

James Stewart by Christopher E. Fay, Esq. – No Amount Specified

 

 

 

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

 

AYES – President Moran, Councilors Barry, Hodge, Mercer, Rudd, Tetreault and Wildenhain.

 

NOES – 0.

 

Patricia Geddes - $45.00

 

 

 

Upon motion made by Councilor Hodge, seconded by Councilors Tetreault and Rudd, the meeting is adjourned at 8:16 p.m.