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City Council, July 8, 2015

A regular session of the Pawtucket City Council is held Wednesday, July 8, 2015, at 7:18 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.

Present –President Moran, Councilors Bray, Cano, Hodge, Mercer, Tetreault and Wildenhain.

Absent – Councilors Barry and Rudd.

President Moran presides.

THE COUNCIL RECESSES IMMEDIATELY TO CONDUCT PUBLIC HEARINGS ON THE FOLLOWING:

AN ORDINANCE IN AMENDMENT OF CHAPTERS 2958 AND 2986 OF THE ORDINANCES OF THE CITY OF PAWTUCKET, RHODE ISLAND, AMENDING THE 2011 COMPREHENSIVE PLAN. (24 Commerce Street/461 Main Street (AP 53 L627) and 35 Commerce Street (AP53 L577))

AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET 1996, ENTITLED “ZONING” CHANGE IN OFFICIAL ZONING MAP (24 Commerce Street/461 Main Street (AP 53 L627) and 35 Commerce Street (AP53 L577))

THE COUNCIL RECONVENES AT 7:26 P.M.

UPON UNANIMOUS CONSENT OF THE COUNCIL, THE FOLLOWING MATTER IS TAKEN UP AT THIS TIME:

THE FOLLOWING ORDINANCE IS RETURNED BY THE ORDINANCE COMMITTEE AND IS READ FOR THE FIRST TIME AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:

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

NOES - 0.

UPON UNANIMOUS CONSENT OF THE COUNCIL, THE FOLLOWING MATTER IS TAKEN UP AT THIS TIME:

THE FOLLOWING ORDINANCE IS RETURNED BY THE ORDINANCE COMMITTEE AND IS READ FOR THE FIRST TIME AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:

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

NOES - 0.

THE COUNCIL RECESSES AT 7:30 P.M. TO CONDUCT A PUBLIC HEARING ON THE FOLLOWING:

RESOLUTION AUTHORIZING THE CITY OF PAWTUCKET TO ENTER INTO A ONE-YEAR PROPERTY TAX STABILIZATION AGREEMENT WITH AIDS CARE OCEAN STATE (156 Broadway, AP71 L889 & L890)

THE COUNCIL RECONVENES AT 7:34 P.M.

The reading of the records of June 24, 2015 is dispensed with and the records are APPROVED as prepared by the Clerk.

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

*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:

592	A. Communication from Susan Mara, Assistant Director, Planning & Redevelopment, to the Pawtucket City Council, submitting the Planning Commission’s recommendation for approval of the Comprehensive Plan and Zoning Map change for 24 Commerce Street/461 Main Street (AP 53 L627) and 35 Commerce Street (AP53 L577)

** 592	B. Communication from Barney S. Heath, Director, Planning & Redevelopment, to the Pawtucket City Council, submitting the Planning Commission’s recommendation for approval of the Zoning Text Change regarding Swimming Pools.

028	C. Communication from David H. Stearrett, CFM, Chief, Floodplain Management Branch, Federal Insurance and Mitigation Administration, to His Honor, Mayor Donald R. Grebien. (Implementation of Floodplain Management Measures)

028	D. Public Notice – Coastal Resources Management Council, Division Street Bridge #965 Scour Repair Work)

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

614	F. Communication from Lance Hill, Director of Public Works, to Patsy Sperduto, Link Environmental. (City of Pawtucket Transfer Station)

	G. Communication from His Honor, Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council. (Evaluation – Division Street Proposal) IS REFERRED TO THE CITY PROPERTY COMMITTEE.

	H. Communication from Melissa DaRosa, Knowledge is Power, to the Substance Abuse Dare Fund Committee. (Request for $9,200 for Knowledge is Power 401 8th Annual Nonviolence Awareness Block Party) IS REFERRED TO THE SUBSTANCE ABUSE DARE FUND COMMITTEE.

	I. Communication from Larry Holloway, Pawtucket Summer Basketball League, to the Substance Abuse Dare Fund Committee. (Request for Funds for Basketball Equipment in the Amount of 568.00) IS REFERRED TO THE SUBSTANCE ABUSE DARE FUND COMMITTEE.

	J. Communication from Michael F. Horan, Esq., to the Honorable Members of the Pawtucket City Council. (Petition to Rezone 101 Main Street Pawtucket RI, Plat 23, Lot 670) IS REFERRED TO THE ORDINANCE COMMITTEE

	K. AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET 1996, ENTITLED “ZONING: (OFFICIAL MAP – 101 MAIN STREET, PLAT 23, LOT 670) IS LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE

	L. AN ORDINANCE IN AMENDMENT OF CHAPTER 2958 OF THE ORDINANCES OF THE CITY OF PAWTUCKET, RHODE ISLAND, AMENDING THE 2011 COMPREHENSIVE PLAN (101 MAIN STREET, PLAT 23, LOT 670) IS LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE

	M. THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY IS REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS: Manuel Andrade, by 21^st Century Insurance - $2,413.39 Tammie Howe, by Christopher J. Gerlica, Esq., representing GEICO Insurance - $3,805.60 Gennadiy Krichevskiy, by Christopher J. Gerlica, Esq., representing GEICO Insurance - $2,193.90 Karen Thompson - $362.56

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

THE CHAIR RECOGNIZES COUNCILOR MERCER.

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

The Clerk is instructed to send a communication to Paul King, Chief of Police, and William Sisson, Fire Chief, requesting that they provide the following information:

POLICE: A breakdown on the number of fireworks related calls beginning the week before the 4^th of July through today, July 8, 2015, and the results of these calls.

FIRE: A breakdown on the number of fireworks related calls beginning the week before the 4^th of July through today, July 8, 2015, and the number of actual incidents resulting from fireworks.

609 Communication from Christopher Montalto, Engineering Supervisor, Distribution Design, National Grid, to the Pawtucket City Council, requesting new joint poles and anchors on Alfred Stone Road IS READ AND ORDERED FILED AND IS APPROVED PENDING THE APPROVAL OF THE DIRECTOR OF PUBLIC WORKS.

609 Communication from Christopher Montalto, Engineering Supervisor, Distribution Design, National Grid, to the Pawtucket City Council, requesting a new joint pole and anchor on Lafayette Street IS READ AND ORDERED FILED AND IS APPROVED PENDING THE APPROVAL OF THE DIRECTOR OF PUBLIC WORKS.

UPON UNANIMOUS CONSENT OF THE COUNCIL, THE FOLLOWING MATTER IS TAKEN UP AT THIS TIME:

RESOLUTION AUTHORIZING THE CITY OF PAWTUCKET TO ENTER INTO A ONE-YEAR PROPERTY TAX STABILIZATION AGREEMENT WITH AIDS CARE OCEAN STATE (156 Broadway, AP71 L889 & L890)

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

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

NOES - 0.

588 RESOLUTION AUTHORIZING THE CITY OF PAWTUCKET TO ENTER INTO A ONE-YEAR PROPERTY TAX STABILIZATION AGREEMENT WITH AIDS CARE OCEAN STATE (156 Broadway, AP71 L889 & L890)

THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.

Upon motion made by Councilor Wildenhain, seconded by Councilors Bray and Mercer, the agenda is amended to include the following communication:

591 Communication from Councilor Mark J. Wildenhain to the Honorable Mayor Donald R. Grebien, requesting information regarding the Disc Golf Trail.

Upon motion made by Councilor Wildenhain, seconded by Councilors Bray and Mercer, the following communication is READ AND ORDERED FILED AND THE CLERK IS INSTRUCTED TO FORWARD THIS COMMUNICATION TO THE MAYOR, on a unanimous voice vote:

Communication from Councilor Mark J. Wildenhain to the Honorable Mayor Donald R. Grebien, requesting information regarding the Disc Golf Trail.

609 Communication from Christopher Montalto, Engineering Supervisor, Distribution Design, National Grid, to the Pawtucket City Council, requesting new joint poles and anchors on Pleasant Street 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 Riverfront Commission, for CONFIRMATION:

RIVERFRONT COMMISSION

589 Pablo Rodriguez, MD, 860 H Curtis Corner Road, South Kingstown, RI, 02879. Term Expires the First Monday in June, 2018 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 Bray, Cano, Hodge, Mercer, Tetreault and Wildenhain.

NOES - 0.

RIVERFRONT COMMISSION

Pablo Rodriguez, MD, 860 H Curtis Corner Road, South Kingstown, RI, 02879. Term Expires the First Monday in June, 2018.

Communication from John S. Wallace, Secretary/Treasurer, Pawtucket Firefighters Local 1261, to the Honorable Members of the Pawtucket City Council, submitting the following reappointment as the Retired Representative of the Fire Department on the Pension Board for CONFIRMATION:

PENSION BOARD

589 Captain Kenneth Noiseux, 7 Denver St, Pawtucket, RI 02860. Term Expires the First Monday in January, 2018 is READ AND ORDERED FILED.

The following nomination submitted by John S. Wallace, Secretary, Treasurer, Pawtucket Firefighters Local 1261, for confirmation is CONFIRMED on a roll call vote, as follows:

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

NOES - 0.

PENSION BOARD

Captain Kenneth Noiseux, 7 Denver St, Pawtucket, RI 02860. Term Expires the First Monday in January, 2018

Communication from Richard J. Goldstein, MMC, City Clerk, on behalf of Council President David P. Moran, submitting the following reappointment as a member of the Pension Board:

PENSION BOARD

589 Arthur M. Plitt, 44 Cooke Street, Pawtucket, RI 02860. Term Expires the First Monday in January, 2017 is READ AND ORDERED FILED.

The following nomination submitted by Richard J. Goldstein, MMC, City Clerk, on behalf of Council President David P. Moran, is APPROVED on a roll call vote, as follows:

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

NOES - 0.

PENSION BOARD

Arthur M. Plitt, 44 Cooke Street, Pawtucket, RI 02860. Term Expires the First Monday in January, 2017

THE ELECTION OF A COUNCIL MEMBER TO SERVE ON THE RIVERFRONT COMMISSION. Term expires first Monday in June 2016, is taken up:

THE CHAIR RECOGNIZES COUNCILOR TETREAULT.

589 Upon motion made by Councilor Tetreault, seconded by Councilor Hodge, the name of Council President David P. Moran is placed in nomination as the Council Member to serve on the Riverfront Commission.

THE CHAIR RECOGNIZES COUNCILOR TETREAULT.

Upon motion made by Councilor Tetreault, seconded by Councilor Hodge, COUNCIL PRESIDENT MORAN is elected to serve as the Council representative on the Riverfront Commission, term expires the first Monday in June 2016, on a roll call vote, as follows:

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

NOES - 0.

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

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

NOES - 0.

588 RESOLUTION CONGRATULATING THE DELANEY-ST. TERESA COUNCIL NUMBER 57, KNIGHTS OF COLUMBUS, ON THEIR 125^TH ANNIVERSARY

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

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

NOES - 0.

330 AN ORDINANCE IN AMENDMENT OF SECTION 410-46 AND SECTION 410-58 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, REGARDING SWIMMING POOLS

THE FOLLOWING ORDINANCE IS RETURNED BY THE ORDINANCE COMMITTEE AND IS READ FOR THE FIRST TIME AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:

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

NOES - 0.

AN ORDINANCE CREATING “THE BODY WORKS SERVICES” ORDINANCE

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 Bray, Cano, Hodge, Mercer, Tetreault and Wildenhain.

NOES - 0.

Lisa Cannata - $300.00

William Morales - $275.19

Henry Rosenthal - $160.93

Brian Collazo Torres - $238.00

James Wilkins Jr. - $84.35

Scott Slack - $301.43

Briana Baptista by Progressive Direct Insurance - $1,642.19

Garrison Transportation Services by Great West Casualty Company - $1,514.65

Dimitri Lyssikatos - $910.64

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:

Jennifer Devonis – No Amount Specified

Michael & Lynn Farinelli, claim 4 - $37,000.00

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 Moran, Councilors Bray, Cano, Hodge, Mercer, Tetreault and Wildenhain.

NOES - 0.

Geraldine Landry - $455.95

Donald & Constance Paquin - $500.00

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 SCHOOL DEPARTMENT, IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:

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

NOES - 0.

Katina Carvalho, PPA Jeycen Silva by Dino A. Brosco, Esq. - $100,000.00

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 RHODE ISLAND STATE TRAFFIC TRIBUNAL, IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:

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

NOES - 0.

Paris Fisher - $106.00

Upon motion made by Councilor Hodge, seconded by Councilor Cano, the meeting is adjourned at 8:18 p.m.