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City Council, March 11, 2015
A regular session of the Pawtucket City Council is held Wednesday, March 11, 2015, at 7:14 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 COUNCIL RECESSES IMMEDIATELY TO CONDUCT A PUBLIC HEARING ON THE FOLLOWING:
AN ORDINANCE IN AMENDMENT OF CHAPTER 363 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “TAXATION.” (TAX STABILIZATION FOR EXPANSION OR RENOVATION OF ANY EXISTING FACILITY, CONSTRUCTION OF A NEW FACILITY, THE ADDITION OF TANGIBLE BUSINESS PROPERTY OR LEASEHOLD IMPROVEMENTS)
THE COUNCIL RECONVENES AT 7:22 P.M.
The reading of the records of February 25, 2015 is dispensed with and the records are APPROVED as prepared by the Clerk.
Upon motion made by Councilor Hodge, seconded by Councilor Tetreault, the *Consent Agenda is APPROVED, on a unanimous voice vote.
*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:
| | B. Communication from Luly E. Massaro, Commission Clerk, Public Utilities Commission, to Pawtucket City Clerk (Pawtucket Water Supply Board Rate Filing – Docket No. 4550) |
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| | C. Communication from Rhode Island Clean Water Finance Agency to the City of Pawtucket (Various Forms and Statements) |
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| | D. Communication from Dylan Zelazo, Chief of Staff, to the Honorable Members of Pawtucket City Council (Regarding POW/MIA Chair) |
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| | E. Communication from Karin H. Clancey, Middletown Deputy Town Clerk, to RI Cities and Towns (Resolution in Opposition to H-5257 entitled, “Act Relating to Waters and Navigation – Harbors and Harbor Lines”) |
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| | G. Communication from Lance Hill, Director of Public Works, to Richard J. Goldstein, MMC, City Clerk (Response – Renewable Energy Projects) |
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| | H. Communication from Lance Hill, Director of Public Works, to Richard J. Goldstein, MMC, City Clerk (Response – Snow Plowing Review Meetings) |
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| | I. Communication from Joanna L’Heureux, Finance Director, to the Honorable Members of the Pawtucket City Council (Amendment to Pay Plan Ordinance Chapter 3059 – Reclassification of Building Official) |
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| | J. AN ORDINANCE IN AMENDMENT OF CHAPTER 3059 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET FOR LOCAL 1012 (Building Official) TO BE LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE. |
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| | K. Communication from Joanna L’Heureux, Finance Director, to the Honorable Members of the Pawtucket City Council (Amendment to Pay Plan Ordinance Chapter 3059 – Delete: Office Clerk-Zoning Division – Create: Office Clerk/Housing Ct. Clerk; Equipment Operator III – Upgrade from R32 to R38) |
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| | L. AN ORDINANCE IN AMENDMENT OF CHAPTER 3059 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET FOR LOCAL 1012 (Equipment Operator III and Office Clerk/Housing Ct. Clerk) TO BE LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE. |
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| | M. Communication from Robert D. Billington, President, Blackstone Valley Tourism Council, to Mayor Donald R. Grebien (Requesting Financial Support for the Fiscal Year 2015/2016) TO BE REFERRED TO THE FINANCE COMMITTEE |
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| | N. 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 – 22 Bedford Road, 175 West Avenue, & 11 Walnut Street) – PUBLIC HEARING TO BE SET FOR MARCH 25, 2015. |
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| | O. 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) – PUBLIC HEARING TO BE SET FOR MARCH 25, 2015. |
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| | P. AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET 1996, ENTITLED, “ZONING” TEXT AND OFFICIAL ZONING MAPS (60 Dexter Street, 140 Dexter Street and 65 Goff Avenue – Assessor Plat 44, Lots 595, 340, 568) – PUBLIC HEARING TO BE SET FOR MARCH 25, 2015. |
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| | Q. THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY TO BE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS: Courtney Amaral - $272.10 Janibel Brea - $3,577.98/$4,205.64 Suzanne Cabral - $818.17 Zacorey Charron - $138.19/$166.83 Yadira Cruz & Susana Astros by American Commerce Insurance Co. – No Amount Specified Jolanta DeAmaral - $325.28 Sandra dos Santos - $447.44/$455.31 Michael Dvorin - $128.94 Theresa Ioffe - $250.75 Linda and Philip Jacobs - $169.87/$175.75 Pedro Monteiro - $2,982.50 Industrial Motors Inc. - $5,762.30/$6,289.94 Rolando Morales – Pending Estimate Kelvin B. Ortiz - $879.45 Khalie Reth - $150.00 Evelyn Tetreault - claim 1 - $221.00 Evelyn Tetreault – claim 2 - $221.00 |
| | A. Communication from Nancy Whit, Executive Director, Pawtucket Central Falls Development Corporation, to the Pawtucket City Council (Proposed Amendments to the Current Snow Removal Ordinance (§351-20) is READ AND ORDERED FILED. |
THE CHAIR RECOGNIZES COUNCILOR HODGE.
Upon motion made by Councilor Hodge, seconded by Councilor Wildenhain, the following communication is also REFERRED TO THE ORDINANCE COMMITTEE ON A UNANIMOUS VOICE VOTE:
| | A. Communication from Nancy Whit, Executive Director, Pawtucket Central Falls Development Corporation, to the Pawtucket City Council (Proposed Amendments to the Current Snow Removal Ordinance (§351-20) is READ AND ORDERED FILED AND REFERRED TO THE ORDINANCE COMMITTEE. |
| | F. Communication from Michael E. Burns, Traffic Engineering Supervisor, to the Honorable Members of the Pawtucket City Council (Response – Electronic School Speed Sign Funding) is READ AND ORDERED FILED. |
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
With majority consent of the Council, the following motion made by Councilor Wildenhain, seconded by Councilor Bray, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to His Honor, Mayor Donald R. Grebien, requesting that funding be found through the street and sidewalk bonds or grants or other sources, to put-up electronic speed signs in the city school zones as soon as possible, starting with the main roadways. The council hopes to have the signs up by the beginning of the school year in August.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
Upon motion made by Councilor Hodge, seconded by Councilor Barry, the agenda is amended to include the following communication on a unanimous voice vote:
Upon motion made by Councilor Hodge, seconded by Councilor Barry, the following communication is READ AND ORDERED FILED:
Communication from His Honor, Mayor Donald R. Grebien, to James J. Skeffington, Esq., Locke Lord, LLP. (PawSox)
THE CHAIR RECOGNIZES COUNCILOR MERCER.
Upon motion made by Councilor Mercer, seconded by Councilor Barry, the Council OPPOSED the following matter on a roll call vote, as follows:
AYES – 0.
NOES – President Moran, Councilors Barry, Bray, Cano, Hodge, Mercer, Rudd, Tetreault and Wildenhain.
THE CHAIR RECOGNIZES COUNCILOR MERCER.
With majority consent of the Council, the following motion made by Councilor Mercer, seconded by Councilor Barry, is PASSED on a unanimous voice vote:
The Clerk is instructed to prepare a resolution in support of legislation H-5800 in the State House of Representatives, regarding single dog breed ordinances, to be placed on the next city council agenda.
THE CHAIR RECOGNIZES COUNCILOR MERCER.
With majority consent of the Council, the following motion made by Councilor Mercer, seconded by Councilors Barry, Bray, and Hodge, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to the Senate delegation requesting that they submit a companion bill to H-5800, which would make all municipal breed-specific animal regulating ordinances enacted before July 15, 2013, binding and enforceable until repealed by the appropriate officials of the city or town.
UPON RECOMMENDATION OF THE AD HOC COMMITTEE ON ECONOMIC DEVELOPMENT, 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.
THE CHAIR RECOGNIZES COUNCILOR RUDD.
With majority consent of the Council, the following motion made by Councilor Rudd, seconded by Councilor Tetreault, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Lance Hill, PE, Director of Public Works, requesting that he provide the Council with the status of a feasibility study they requested last November on the use of speed humps in the city.
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, 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.
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, 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.
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.
The following ordinance is read for the second time and PASSED on a roll call vote, as follows:
AYES – President Moran, Councilors Barry, Bray, Cano, Hodge, Mercer, Rudd, Tetreault and Wildenhain.
NOES – 0.
THE CHAIR RECOGNIZES COUNCILOR BARRY.
With majority consent of the Council, the following motion made by Councilor Barry, seconded by Councilor Hodge, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to the Ordinance Committee requesting that the Committee consider the request of Jeremiah O’Connor to add a member of the Pawtucket Public Safety Retirees Association to the Pension Board ordinance.
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING AMENDMENTS TO THE ORDINANCE ENTITLED “AN ORDINANCE IN AMENDMENT OF CHAPTER 363 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “TAXATION.” (TAX STABILIZATION FOR EXPANSION OR RENOVATION OF ANY EXISTING FACILITY, CONSTRUCTION OF A NEW FACILITY, THE ADDITION OF TANGIBLE BUSINESS PROPERTY OR LEASEHOLD IMPROVEMENTS)” ARE APPROVED ON ROLL CALL VOTES, AS FOLLOWS:
AYES – President Moran, Councilors Barry, Bray, Cano, Hodge, Mercer, Rudd, Tetreault and Wildenhain.
NOES – 0.
§ 363-75 Eligible Property
(j) In the event the applicant is delinquent on any quarterly tax or other payment due to the City on property receiving the exemption hereunder for a period of more than forty-five (45) days, or in the event that the subject property no longer complies with City and state zoning laws, building and fire codes, the tax exemption granted pursuant to this stabilization program shall cease immediately. Notice of the tax delinquency and/or failure to comply with City and state zoning laws, building and fire codes shall be sent to the property owner by registered mail after the tax delinquency and/or failure to comply with City and state zoning laws, building and fire codes occurs. A copy of said delinquency notice shall be provided to the City Council Mayor and City Council at the same time.
AYES – President Moran, Councilors Barry, Bray, Cano, Hodge, Mercer, Rudd, Tetreault and Wildenhain.
NOES – 0.
§ 363-77 Application Procedure for Five (5) Year Administrative Tax Stabilization
(a) ...
(6) The Director of Planning & Redevelopment and the City Tax Assessor shall approve or deny a decision, deny or defer a decision pending additional information, within fifteen (15) days of the application being deemed complete. Issuance of a certificate of completeness and provide a copy of the decision to the Mayor and City Council. A copy of that decision shall be provided to the Mayor and City Council at the same time it is provided to the applicant.
AYES – President Moran, Councilors Barry, Bray, Cano, Hodge, Mercer, Rudd, Tetreault and Wildenhain.
NOES – 0.
§ 363-75 Eligible Property
(g) Prior to authorizing any property tax stabilization for the property, the property owner shall be required to obtain a Municipal Lien Certificate from the Tax Collector’s office, indicating that the applicant business and/or property owner is current on all payments owed to the City. In addition, the applicant shall be required to obtain a Certificate of Good Standing from the State of Rhode Island, indicating that the applicant business and/or property owner is current on all taxes owed to the State. Any payments that are in arrears on the property shall render the applicant ineligible for the incentive offered through this article. If the applicant business and/or property owner is unable to produce these certificates, the applicant shall be deemed ineligible for the incentives offered through this article.
§ 363-77 Application Procedure for Five (5) Year Administrative Tax Stabilization
(a) The application procedure for projects seeking a five (5) year administrative tax stabilization agreement shall proceed as follows:
(1) Eligible property owners planning to utilize this program shall, prior to obtaining a building permit, apply for the program through the City Planning & Redevelopment Department. A complete application will contain the following material exhibits:
a. Application form;
b. Three (3) sets of improvement plans;
c. An itemized description of the improvements associated with the project;
d. A non-refundable application fee in the amount of $100;
e. A municipal lien certificate issued by the City Collections Office for the project property.
f. A certificate of good standing from the State of Rhode Island.
§ 363-80 Application Procedure for Ten (10) Year Tax Stabilization
(a) The application procedure shall proceed as follows:
(1) Businesses or property owners planning to utilize this program shall, prior to obtaining a building permit, apply for the program through the City Planning & Redevelopment Department. A complete application will contain the following material exhibits:
a. Application form;
b. Three (3) sets of improvement plans
c. An itemized description of the improvements associated with the project;
d. A non-refundable application fee in the amount of $200;
e. A municipal lien certificate issued by the City Collections Department for the project property.
f. A certificate of good standing from the State of Rhode Island.
THE FOLLOWING AMENDMENT TO THE ORDINANCE ENTITLED “AN ORDINANCE IN AMENDMENT OF CHAPTER 363 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “TAXATION.” (TAX STABILIZATION FOR EXPANSION OR RENOVATION OF ANY EXISTING FACILITY, CONSTRUCTION OF A NEW FACILITY, THE ADDITION OF TANGIBLE BUSINESS PROPERTY OR LEASEHOLD IMPROVEMENTS),” IS PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Moran, Councilors Barry, Bray, Cano, Hodge, Mercer, Rudd, Tetreault and Wildenhain.
NOES – 0.
§ 363-80 Application Procedure for Ten (10) Year Tax Stabilization
(b) The application procedure shall proceed as follows:
(5) Subsequent to the City Tax Assessor’s inspection of the subject property, the Department of Planning & Redevelopment shall review and prepare a written recommendation to the City Council Finance Committee which outlines the fiscal impacts the proposed stabilization will have on the tax base of the City and provide a recommendation for stabilization on the property. Upon receiving the City Council Finance Committee’s recommendation, the City Clerk shall place the stabilization request on the docket of the next available City Council meeting have the matter scheduled on the City Council agenda for a public hearing and publish notice of the scheduled public hearing at least 10 days prior to the meeting of the City Council in a newspaper having a general circulation in the City of Pawtucket as is required by Rhode Island General Laws § 44-5-61.2.
UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME, AS AMENDED, AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Moran, Councilors Barry, Bray, Cano, Hodge, Mercer, Rudd, Tetreault and Wildenhain.
NOES – 0.
AN ORDINANCE IN AMENDMENT OF CHAPTER 363 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “TAXATION.” (TAX STABILIZATION FOR EXPANSION OR RENOVATION OF ANY EXISTING FACILITY, CONSTRUCTION OF A NEW FACILITY, THE ADDITION OF TANGIBLE BUSINESS PROPERTY OR LEASEHOLD IMPROVEMENTS) AS AMENDED.
UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE, THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Moran, Councilors Barry, Bray, Cano, Hodge, Mercer, Rudd, Tetreault and Wildenhain.
NOES – 0.
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)
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.
Neil Beranbaum - $300.00
Leslie Pietraszka - $248.62
Joseph Plant - $168.99
William Smith - $72.00
Manuel Percy by Liberty Mutual - $3,792.68
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE POSTPONED, ON A UNANIMOUS VOICE VOTE:
Margaret Ethier – Pending Estimates
Lorraine Laramee – Pending Estimates
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 SCHOOL DEPARTMENT, IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Moran, Councilors Barry, Bray, Cano, Hodge, Mercer, Rudd, Tetreault and Wildenhain.
NOES - 0.
Scott and Jennifer Hamel and minor son D.H. by Patricia Andrews, Esq. - $400,000.00
James and Carolyn Stewart by the Hartford Central Recovery Office - $2,472.93
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 Moran, Councilors Barry, Bray, Cano, Hodge, Mercer, Rudd, Tetreault and Wildenhain.
NOES - 0.
Patricia Koziol by Levett Schefrin Harnett, Ltd. - $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 IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Moran, Councilors Barry, Bray, Cano, Hodge, Mercer, Rudd, Tetreault and Wildenhain.
NOES - 0.
Courtney Amaral - $752.94
Upon motion made by Councilor Hodge, seconded by Councilor Barry, the meeting is adjourned at 8:15 p.m. in memory of James McConaghy, Ruth Burgess, and Joseph Hodge.