City Council, November 10, 2015

 

 

A regular session of the Pawtucket City Council is held Tuesday, November 10, 2015, at 7:30 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI. 

 

Present – President Pro-Tempore Hodge, Councilors Barry, Bray, Cano, Mercer, Rudd, Tetreault and Wildenhain.

 

Absent – President Moran.

 

President Pro-Tempore Hodge presides.

 

 

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

 

RESOLUTION URGING THE ADMINISTRATION TO HALT THE CURRENT DISC GOLF PROJECT AND SCALE BACK THE PROJECT TO A 9-HOLE COURSE CONCENTRATED IN THE CENTRAL AREAS OF THE PARK NOT GENERALLY USED BY PARK-GOERS FOR A 12 MONTH TRIAL BASIS BEFORE CONSIDERING EXPANSION.

 

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

 

AYES – President Pro-Tempore Hodge; Councilors Barry, Bray, Cano, Mercer, Rudd, Tetreault and Wildenhain.

 

NOES – 0.

 

588      RESOLUTION URGING THE ADMINISTRATION TO HALT THE CURRENT DISC GOLF PROJECT AND SCALE BACK THE PROJECT TO A 9-HOLE COURSE CONCENTRATED IN THE CENTRAL AREAS OF THE PARK NOT GENERALLY USED BY PARK-GOERS FOR A 12 MONTH TRIAL BASIS BEFORE CONSIDERING EXPANSION.

 

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 send a communication to His Honor, Mayor Donald R. Grebien, asking for his response to the requests in the above Disc Golf resolution.  Specifically, the council wants to know if he intends to comply with the resolution.  If not, they want to know why not.

 

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 send a communication to Frank J. Milos, Jr., Esq., City Solicitor, asking his opinion on whether the disc golf course in Slater Park is in compliance with the city’s comprehensive plan and with the Americans with Disabilities Act.  

 

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 send a communication to Bob Cooper, Executive Secretary, Governor’s Commission on Disability, asking him if disc golf complies with the Americans with Disabilities Act.

 

THE COUNCIL RECESSES AT 7:54 P.M. TO CONVENE AS THE BOARD OF LICENSE COMMISSIONERS.

 

 

THE COUNCIL RECONVENES AT 8:21 P.M.

 

 

The reading of the records of October 21, 2015 and October 27, 2015 is dispensed with and the records are APPROVED as prepared by the Clerk.

 

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

 

 

*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:

 

7	A.	Communication from Rhode Island Clean Water Finance Agency to the City of Pawtucket (Various Forms and Statements)
590	B.	Communication from His Honor, Mayor Donald R. Grebien, to Lambri Zerva, Chief Civil Engineer, RI Department of Transportation.  (Blackstone River Bikeway – Pawtucket)
028	C.	Resolution from the Warwick City Council in support of the Quonset Air Museum.
028	D.	Resolution from the East Providence City Council in support of the Quonset Air Museum.
5901	E.	Communication from His Honor, Mayor Donald R. Grebien, to Edward Gugel.  (Disc Golf at Slater Park)
590	F.	Communication from His Honor, Mayor Donald R. Grebien, to Raymond McGee.  (Disc Golf at Slater Park)
**650	G.	Communication from Andrew Silvia, PE, PMP, Chief of Project Development, to the Honorable Members of the Pawtucket City Council.  (Max Read Field Synthetic Turf Project Update)
**616	H.	Communication from Michael E. Burns, Traffic Engineering Supervisor, to the Honorable Members of the Pawtucket City Council.  (Response - Hunts Avenue at Perrin Avenue – Multi-Way Stop Controls)
611	I.	Communication from Joanna L’Heureux, Finance Director, to the Honorable Members of the Pawtucket City Council, request to utilize $687,517 of the FY15 Surplus to pay MTG for the blue recycling bins.
	J.	RESOLUTION AUTHORIZING THE FINANCE DIRECTOR TO UTILIZE $687,517 OF THE FY2015 SURPLUS TO PAY OFF THE BALANCE OWED TO MTG FOR THE BLUE RECYCLING BINS – IS REFERRED TO THE FINANCE COMMITTEE.
630	K.	Communication from Robert W. Burns, Tax Assessor, to the Honorable Members of the Pawtucket City Council.  (Tax Abatements for April, May, and June 2015)
	L.	RESOLUTION AUTHORIZING THE ABATEMENT OF TAXES ON AUTOMOBILES, REAL ESTATE, AND TANGIBLE PERSONAL PROPERTY IN THE TOTAL AMOUNT OF $146,819.84 FOR APRIL, MAY AND JUNE, 2015 – IS REFERRED TO THE FINANCE COMMITTEE.
	M.	Communication from Antonio J. Pires, Director of Administration, to the Honorable Members of the Pawtucket City Council.  (Body Works Ordinance) TO BE REFERRED TO THE ORDINANCE COMMITTEE.
	N.	Communication from Don Morris, to Council President David P. Moran. (Outdoor Burning Concerns) IS REFERRED TO THE ORDINANCE COMMITTEE.
	O.	THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS Robert Castle - $454.03 David Wilkner - $2,406.06

 

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

 

 

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 Paul King, Chief of Police, requesting an increased police presence around the park at Park Place.  Councilor Rudd noted that needles have been found in the areas, graffiti is a problem and other problems have been found in the area. The Council also requested that the police speak with the proprietors of the homeless shelter in St. Paul’s Church.

 

THE CHAIR RECOGNIZES COUNCILOR RUDD.

 

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

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 388 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “VEHICLES AND TRAFFIC” (3-WAY STOP SIGNS ON FENNER STREET AND CENTRE STREET)

 

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

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 388 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “VEHICLES AND TRAFFIC” (3-WAY STOP SIGNS ON FENNER STREET AND CENTRE STREET)

 

 

            M.        Communication from Antonio J. Pires, Director of Administration, to the Honorable Members of the Pawtucket City Council.  (Body Works Ordinance) is READ AND ORDERED FILED AND REFERRED TO THE ORDINANCE COMMITTEE.

 

THE CHAIR RECOGNIZES COUNCILOR RUDD.

 

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

 

Communication from Kate Nace Day, Suffolk University Law School, to Councilor Timothy P. Rudd.  (Body Works Ordinance)

 

Upon motion made by Councilor Rudd, seconded by Councilor Cano, the following communication is READ AND ORDERED FILED and REFERRED TO THE ORDINANCE COMMITTEE on a unanimous voice vote:

 

Communication from Kate Nace Day, Suffolk University Law School, to Councilor Timothy P. Rudd.  (Body Works Ordinance)

 

THE CHAIR RECOGNIZES COUNCILOR BARRY.

 

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

 

The Clerk is instructed to send a communication to the Council Presidents and Solicitors in the four other cities and towns that have Body Works Ordinances, including copies of our Body Works Ordinance and Mr. Pire’s letter (M) on this docket, asking why they can enforce their ordinances while the City of Pawtucket cannot enforce this ordinance.

 

 

THE CHAIR RECOGNIZES COUNCILOR CANO.

 

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

 

The Clerk is instructed to send a communication to the Pawtucket General Assembly Delegation requesting that they reintroduce the legislation submitted last session by Representative Tobon and others regarding Body Works Services.

 

 

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

 

AYES – President Pro-Tempore Hodge; Councilors Barry, Bray, Cano, Mercer, Rudd, Tetreault and Wildenhain.

 

NOES – 0.

 

588      RESOLUTION AUTHORIZING TEMPORARY EASEMENTS OF A PORTION OF CITY PROPERTY (Division Street Bridge #965)

 

 

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

 

AYES – President Pro-Tempore Hodge; Councilors Barry, Bray, Cano, Mercer, Rudd, Tetreault and Wildenhain.

 

NOES – 0.

 

588      RESOLUTION OF THE CITY OF PAWTUCKET APPROVING THE FINANCING OF REPAIRS, ALTERATIONS, RENOVATION, IMPROVEMENTS AND EQUIPPING OF SCHOOLS AND SCHOOL FACILITIES IN THE CITY AND APPROVING THE ISSUANCE OF BONDS, NOTES, EVIDENCES OF INDEBTEDNESS OR APPROPRIATION OBLIGATIONS THEREFORE IN AN AMOUNT NOT TO EXCEED $2,000,000.

 

 

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

 

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

 

NOES - 0.

 

Jeanne Cataldo - $1,182.00

 

 

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 Pro-Tempore Hodge, Councilors Barry, Bray, Cano, Mercer, Rudd, Tetreault and Wildenhain.

 

NOES - 0.

 

Susan Fortin by Providence Mutual - $5,871.35

Deborah Shuster - $627.36

 

 

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

 

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

 

NOES - 0.

 

Dorothy Noons $286.13

 

 

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

 

Gianna French - $2,300.00

 

 

THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS REFERRED BACK TO THE COMMITTEE ON CLAIMS AND PENDING SUITS ON A UNANIMOUS VOICE VOTE:

 

Gladys Watts - $143.15

 

 

 

Upon motion made by Councilor Barry, seconded by the Entire City Council, the meeting is adjourned at 8:50 p.m., in memory of Kevin Higgins.