City Council, June 10, 2015

 

 

A regular session of the Pawtucket City Council is held Wednesday, June 10, 2015, at 7:19 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI. 

 

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

 

Absent – 0.

 

President Moran presides.

 

 

The reading of the records of May 18, 2015, May 20, 2015, May 26, 2015, and June 1, 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 Colleen M. Bodziony, Director of Operations & Members Services, The Trust, to Pawtucket City Council.  (The Trust’s 2014 Annual Report)
7	B.     Communication from Rhode Island Clean Water Finance Agency to the City of Pawtucket (Various Forms and Statements)
028	C.     Communication from RI Department of Environmental Management, to Pawtucket City Council (Consideration of the Application of School St. Warehouse, LLC - 835 School Street)
028	D.    Communication from RI Department of Environmental Management, to Pawtucket City Council (Consideration of the Applications of RIDOT - Division Street Bridge #965)
028	E.     Communication from Jane H. Christopher, Foster Town Clerk, to RI City and Town Clerks  (Support of H6040, H6041, H6042, H6043, S816, S818 and S820 Regarding the State Guide Plan  and RHODEMAP RI)
028	F.      Communication from Lynn M. Hawkins, CMC, Exeter Town Clerk, to RI City and Town Clerks (Resolution Opposing Senate Bill S-0510 and House Bill H-5777 regarding the Legalization of Marijuana)
028	G.    Communication from the Exeter-West Greenwich Regional School District, to RI City and Town Clerks (School Committee Resolution on Gun Free Schools)
028	H.    Communication from the Smithfield Public School District, to RI City and Town Clerks (School Committee Resolution on Gun Free Schools)
** 028	I.       Communication from Alan Tavares, Council Fiscal Analyst, to Mayor Donald R. Grebien.  (Budget Amendments)
613	J.       Communication from Frank J. Milos, Jr., Esq., City Solicitor, to Richard J. Goldstein, MMC, City Clerk.  (Response – Link Environmental, LLC)
** 614	K.    Communication from Lance Hill, Director of Public Works, to Richard J. Goldstein, MMC, City Clerk (Response – Palm Street Clean-up)
** 028	L.     Communication from Vincent Ceglie, Executive Director, BVCAP, to Richard J. Goldstein, MMC, City Clerk (Response – Laurel Hill Playground Property Clean-up)
592	M.   Communication from Barney S. Heath, Director of Planning and Redevelopment, to Richard J. Goldstein, MMC, City Clerk (Response - Fonseca Auto Sales)
	N.    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 – TO SET A PUBLIC HEARING FOR JUNE 24, 2015, WITH THE RECOMMENDATION OF THE ORDINANCE COMMITTEE.
	O.    Communication from Ron Wierks, Property Owner Representative, Kellaway Property, to Richard J. Goldstein, MMC, City Clerk, requesting a Zone Change from CD to MB for 24 Commerce Street/461 Main Street (AP 53 L627) and 35 Commerce Street (AP53 L577) – TO BE REFERRED TO THE ORDINANCE COMMITTEE.
	P.      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)) – TO BE LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE.
	Q.    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)) – TO BE LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE.
611	R.     Communication from Joanna L’Heureux, Finance Director, to David P. Moran, President, Pawtucket City Council (Police & Fire Pension Plan Experience Study Results – “New Plan”)
	S.      RESOLUTION ADOPTING THE REVISED ACTUARIAL ASSUMPTIONSFROM THE EXPERIENCE STUDY COMPLETED BY SHERMAN ACTUARIAL SERVICES, LLC – TO BE REFERRED TO THE FINANCE COMMITTEE.
	T.      THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY TO BE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS: Briana Baptista by Progressive Direct Insurance - $1,642.19 Jennifer Devonis – No Amount Specified Michael & Lynn Farinelli - $37,000.00 Garrison Transportation Services by Great West Casualty Company - $3,029.29 Geraldine Landry - $455.95 Donald & Constance Paquin - $500.00 Henry Rosenthal - $160.93 Scott Slack – Pending Estimates Brian Collazo Torres - $238.00 James Wilkins, Jr. - $84.35
**	TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY, NO OTHER ACTION TAKEN.

 

THE CHAIR RECOGNIZES COUNCILOR RUDD.

 

Upon motion made by Councilor Rudd, seconded by Councilors Hodge, Tetreault, and Cano, the agenda is amended to include the following ordinance on a unanimous voice vote:

 

AN ORDINANCE CREATING “THE BODY WORKS SERVICES” ORDINANCE

 

 

Upon motion made by Councilor Rudd, seconded by Councilors Hodge, Tetreault, and Cano, the following ordinance is LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE on a unanimous voice vote:

 

AN ORDINANCE CREATING “THE BODY WORKS SERVICES” ORDINANCE

 

 

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 Pawtucket Water Supply Board, for CONFIRMATION:

 

PAWTUCKET WATER SUPPLY BOARD

 

589   Terrance O’Connor, Jr., 250 Hillside Avenue, Pawtucket, RI 02860.  Term expires the first Monday in June 2017.  (To fill the unexpired term of Erik Aslaksen) 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, Bray, Cano, Hodge, Mercer, Rudd, Tetreault and Wildenhain.

 

NOES - 0.

 

PAWTUCKET WATER SUPPLY BOARD

 

Terrance O’Connor, Jr., 250 Hillside Avenue, Pawtucket, RI 02860.   Term expires the first Monday in June 2017.  (To fill the unexpired term of Erik Aslaksen)

 

 

THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.

 

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

 

The Clerk is instructed to send a communication to His Honor, Mayor Donald R. Grebien, requesting that he have the RFP on the Slater Park Disk Trail pulled and reviewed due to the $67,000 cost.

 

 

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 Riverfront Commission, for CONFIRMATION:

 

RIVERFRONT COMMISSION

 

589   Patricia McAlpine, 123 Cottage Street, Pawtucket, RI 02860.  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 Barry, Bray, Cano, Hodge, Mercer, Rudd, Tetreault and Wildenhain.

 

NOES - 0.

 

RIVERFRONT COMMISSION

 

Patricia McAlpine, 123 Cottage Street, Pawtucket, RI 02860.  Term expires the first Monday in June 2018.

 

 

THE CHAIR RECOGNIZES COUNCILOR TETREAULT.

 

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

 

The Clerk is instructed, to send a communication to His Honor, Mayor Donald R. Grebien, asking when the Council will receive a name for the appointment to the Board of Canvassers.  The Clerk is instructed to send a copy of this communication to the RI Board of Elections.

 

 

THE CHAIR RECOGNIZES COUNCILOR TETREAULT.

 

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

 

The Council is requesting a list of all vacancies that are over 60 days past due on any Board or Commission.

 

 

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 Riverfront Commission, for CONFIRMATION:

 

RIVERFRONT COMMISSION

 

589   Shaun O’Brien, 41 Farnum Street, Pawtucket, RI 02860.  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 Barry, Bray, Cano, Hodge, Mercer, Rudd, Tetreault and Wildenhain.

 

NOES - 0.

 

RIVERFRONT COMMISSION

 

Shaun O’Brien, 41 Farnum Street, Pawtucket, RI 02860. Term expires the first Monday in June 2018.

 

 

 

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

 

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

 

NOES – 0.

 

588   RESOLUTION CONGRATULATING NANCY WHIT ON 14 YEARS OF EXEMPLARY LEADERSHIP AND OUTSTANDING ACHIEVEMENT AT PAWTUCKET CITIZENS DEVELOPMENT CORPORATION

 

 

 

590   Communication from Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council (Commuter Train Station in Pawtucket, RI), is READ AND ORDERED FILED.

 

 

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

 

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

 

NOES – 0.

 

588   RESOLUTION IN SUPPORT OF 2015-H 6251, “AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT - COMMUTER TRAIN STATION IN PAWTUCKET, RI

 

 

 

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

 

NOES - 0.

 

Marion Aceituno - $300.00

Jamie Aguilera - $50.00

Isabel Amaral - $300.00

Denise Barry - $275.67

Nathan Duffy - $77.40

Amy Floyd - $300.00

Mark Garabian - $176.43

Jade Marulanda - $300.00

Hitesh Mistry - $300.00

Kevin Mooney - $126.58

Maura O’Hara - $279.00

Kimberly Pelliccia - $120.00

Yolande Riendeau - $30.65

Tina Saunders - $300.00

Mary Searle - $161.96

Kayla Whittaker - $156.12

Joanne Whitney - $300.00

Len Rounds - $634.70

William Midon - $656.45

 

 

 

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

 

NOES - 0.

 

Joanne Couture - $2,501.95

Crystal Pomerleau - $383.58

Margaret Ethier – Pending Estimates

 

 

 

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:

 

Lee A. McNamara by John N. Calvino, Esq. – No Amount Specified

Taryn Wilde by Francis Connor – Barton/Gilman – No Amount Specified

Michael & Lynn Farinelli $3.3 million - claim 2

Michael and Lynn Farinelli - $301,000.00 – claim 3

Lydia Lou and Wonsein Meniboon by Joseph Voccola, 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:

 

Dimitri Lyssikatos - $3,500.00

 

 

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS INDEFINITELY POSTPONED, ON A UNANIMOUS VOICE VOTE:

 

Lisa Zammarelli by Nicholas Zammarelli, Jr. - $85.00

 

 

UPON RECOMMENDATION OF THE COMMITTEE AND CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM IS DENIED AND REFERRED TO THE RHODE ISLAND DEPARTMENT OF TRANSPORTATION, ON A UNANIMOUS VOICE VOTE:

 

Elon Catanzaro - $561.03

 

 

 

 

Upon motion made by Councilor Hodge, seconded by Councilor Barry, the meeting is adjourned at 8:49 p.m., in memory of the Honorable Roland Blanchette and the Honorable John McBurney, Jr.