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City Council, May 25, 2016

A regular session of the Pawtucket City Council is held Wednesday, May 25, 2016, at 7:33 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.

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

Absent – Councilor Rudd.

President Moran presides.

THE COUNCIL RECESSES IMMEDIATELY TO CONDUCT A PUBLIC HEARING ON THE MUNICIPAL BUDGET AND TO CONDUCT A MEETING OF THE FINANCE COMMITTEE.

THE COUNCIL RECONVENES AT 9:02 P.M.

The reading of the records of May 11, 2016 is dispensed with and the records are APPROVED as prepared by the Clerk.

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

*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:

028	A. Resolution from the Town of East Greenwich in Support of H8005 Student Transportation Legislation Revisions

028	B. Communication from Jennifer Foster, Director of Development and Community Relations, Adoption Rhode Island, to the Honorable Council President David P. Moran (11^th Annual Rhode Island Heart Gallery – Display in Pawtucket City Hall)

590	C. Communication from Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council (Memorial Hospital – Care New England - Changes)

613	D. Communication from Frank J. Milos, Jr., Esq., to Councilor Timothy P. Rudd, Jr. (Response - Cape Verdean American Community Development)

028	E. Communication from Joanne Maceroni, Narragansett Bay Commission, to Richard J. Goldstein, MMC, City Clerk – (Response - Sewer Line Protection)

7	F. Communication from James DeCelles, Chief Engineer, PWSB, to Richard J. Goldstein, MMC, City Clerk (Response – Sewer Line Protection)

590	G. Communication from Dylan Zelazo, Chief of Staff, to Richard J. Goldstein, MMC, City Clerk (Response – Sewer Line Protection)

592	H. Communication from Barney S. Heath, Planning Director, to Richard J. Goldstein, MMC, City Clerk (Response – RIPTA Public Hearing Request)

590	I. Communication from Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council (Response – Columbus Avenue Fire Station)

	J. Communication from Aurora Leigh, Project Manager, First National Development, to Richard J. Goldstein, MMC, City Clerk (Requesting Zone Change to 280 Pine Street, Plat 44 Lot 559) IS READ AND ORDERED FILED and REFERRED TO THE ORDINANCE COMMITTEE.

028	K. Communication from Miriam R. Plitt, Chair of the Advisory Commission on Arts and Culture, to Mayor Donald R. Grebien (Requesting an Additional Seat on the Advisory Commission on Arts and Culture)

589	L. Communication from Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council (Advisory Commission on Arts and Culture)

	M. AN ORDINANCE IN AMENDMENT OF CHAPTER 11 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “BOARDS AND COMMISSIONS” (Advisory Commission on Arts and Culture Membership) IS LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE

	N. AN ORDINANCE IN AMENDMENT OF CHAPTER 2958 OF THE ORDINANCES OF THE CITY OF PAWTUCKET, RHODE ISLAND, AMENDING THE 2011 COMPREHENSIVE PLAN. 361-367 Fountain Street/373 Fountain Street and 7-9 Gooding Street (Assessor’s Plat 7 Lots 1 and 452) LAID ON THE TABLE AND A PUBLIC HEARING IS SET FOR JUNE 8, 2016.

	O. AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET 1996, ENTITLED “ZONING” (Official Maps – 361-367 Fountain Street/373 Fountain Street and 7-9 Gooding Street, Assessor’s Plat 7 Lots 1 and 452) LAID ON THE TABLE AND A PUBLIC HEARING IS SET FOR JUNE 8, 2016.

	P. Communication from Andrew Silvia, PE, PMP, Chief of Project Development, to the Pawtucket City Council (Agreements Pertaining to Max Read Field Synthetic Track and Field Development) IS READ AND ORDERED FILED and REFERRED TO THE CITY PROPERTY COMMITTEE.

	Q. THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS: Paul Charette by Brian Goldberg, Esq. – No Amount Specified Sean J. Gannon by Joel J. Votolato, Esq., McCorry & Gannon, PC – No Amount Specified Robert Goff by Amica Insurance - $740.67 Janice Rooney - $5,521.84 Bernadette Tavares - $225.33/$272.75 Beverly Valentine - $125.00

623	R. Communication from Don Zimmerman, Director of Human Resources, Personnel Department, to the Honorable Members of the Pawtucket City Council (Amendment to Local 3960 Pay Plan – Create: Geographic Information System (GIS) Coordinator)

	S. AN ORDINANCE IN AMENDMENT OF CHAPTER 3096 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET FOR LOCAL 3960 (GIS COORDINATOR) IS LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE.

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

ANNUAL OPERATING BUDGET ORDINANCE 2016-2017.

THE CHAIR RECOGNIZES COUNCILOR BARRY.

UPON RECOMMENDATION OF THE FINANCE COMMITTEE, COUNCILOR BARRY SUBMITS THE FOLLOWING AMENDMENTS TO THE ORDINANCE ENTITLED “ANNUAL OPERATING BUDGET ORDINANCE 2016-2017”:

EXPENSES-

DECREASE IN OPERATING EXPENSES TOTAL $ 10,000

Mayor’s Office Marketing $ 10,000

INCREASE IN CAPITAL EXPENSES TOTAL $ 50,000

Building Maint Building Improvements $ 50,000

DECREASE IN CAPITAL EXPENSES TOTAL $ 92,000

Equipment Maint GPS Equipment $ 92,000

INCREASE IN FIXED CHARGES TOTAL $227,000

Interdept Contrib Revolving Loan Fund $ 30,000

Other Employee Benefits Medical Retirees $ 75,000

Fixed Charges Provision for Reserves $122,000

DECREASE IN FIXED CHARGES TOTAL $175,000

Other Employee Benefits Dental Retirees $ 75,000

Fixed Charges Lag in Hiring (Budget) $100,000

TOTAL DECREASE IN EXPENDITURES: $ 0.00

The amended rate of $21.89 against the prior year rate of $21.89 represents a $0 increase on residential taxes. Therefore, the above amendments represent a $0 increase on residential taxes to the proposed budget.

The amended rate of $33.61 against the prior year rate of $33.61 represents a $0 increase on commercial taxes. Therefore, the above amendments represent a $0 increase on commercial taxes to the proposed budget.

The amended rate of $52.09 against the prior year rate of $52.09 represents a $0 increase on the tangible personal property. Therefore, the above amendments represent a $0 increase on tangible personal property taxes on the proposed budget.

The amended rate of $53.30 against the prior year rate of $53.30 represents a $0 increase on the motor vehicles. Therefore, the above amendments represent a $0 increase on motor vehicles taxes on the proposed budget.

THE CHAIR RECOGNIZES COUNCILOR BARRY.

Upon motion made by Councilor Barry, seconded by Councilor Tetreault, the following amendment is APPROVED on a roll call vote, as follows:

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

NOES – 0.

EXPENSES-

DECREASE IN OPERATING EXPENSES TOTAL $ 10,000

Mayor’s Office Marketing $ 10,000

THE CHAIR RECOGNIZES COUNCILOR BARRY.

Upon motion made by Councilor Barry, seconded by Councilor Wildenhain, the following amendment is taken up:

EXPENSES-

INCREASE IN CAPITAL EXPENSES TOTAL $50,000

Building Maint Building Improvements $ 50,000

(health & safety issues at public safety buildings)

THE CHAIR RECOGNIZES COUNCILOR HODGE.

Upon motion made by Councilor Hodge, seconded by Councilors Cano and Mercer, the following amendment is AMENDED AND APPROVED on a roll call vote, as follows:

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

NOES – 0.

EXPENSES-

INCREASE IN CAPITAL EXPENSES TOTAL $~~50,000~~ $100,000

Building Maint Building Improvements ~~$ 50,000~~ $100,000

(health & safety issues at public safety buildings)

THE CHAIR RECOGNIZES COUNCILOR BARRY.

Upon motion made by Councilor Barry, seconded by Councilor Tetreault, the following amendment is APPROVED on a roll call vote, as follows:

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

NOES – 0.

EXPENSES-

DECREASE IN CAPITAL EXPENSES TOTAL $ 92,000

Equipment Maint GPS Equipment $ 92,000

THE CHAIR RECOGNIZES COUNCILOR BARRY.

Upon motion made by Councilor Barry, seconded by Councilors Cano and Mercer, the following amendment is taken up:

EXPENSES-

INCREASE IN FIXED CHARGES

Interdept Contrib Revolving Loan Fund $ 30,000

(Business Storefront Improvements)

THE CHAIR RECOGNIZES COUNCILOR HODGE.

A motion made by Councilor Hodge, seconded by Councilor Mercer, to INDEFINITELY POSTPONE the above amendment is DEFEATED on a roll call vote, as follows:

AYES – President Moran and Councilor Hodge.

NOES - Councilors Barry, Bray, Cano, Mercer, Tetreault and Wildenhain.

THE FOLLOWING AMENDMENT IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:

AYES –Councilors Barry, Bray, Cano, Mercer, Tetreault and Wildenhain.

NOES – President Moran and Councilor Hodge.

EXPENSES-

INCREASE IN FIXED CHARGES

Interdept Contrib Revolving Loan Fund $ 30,000

(Business Storefront Improvements)

THE CHAIR RECOGNIZES COUNCILOR BARRY.

Upon motion made by Councilor Barry, seconded by Councilor Mercer, the following amendment is APPROVED on a roll call vote, as follows:

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

NOES – 0.

EXPENSES-

INCREASE IN FIXED CHARGES

Other Employee Benefits Medical Retirees $ 75,000

City Council, May 25, 2016

THE CHAIR RECOGNIZES COUNCILOR BARRY.

Upon motion made by Councilor Barry, seconded by Councilor Mercer, the following amendment is taken up:

EXPENSES-

INCREASE IN FIXED CHARGES

Fixed Charges Provision for Reserves $ 122,000

THE CHAIR RECOGNIZES COUNCILOR BARRY.

Upon motion made by Councilor Barry, seconded by Councilor Mercer, the following amendment is AMENDED AND APPROVED on a roll call vote, as follows:

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

NOES – 0.

EXPENSES

INCREASE IN FIXED CHARGES

Fixed Charges Provision for Reserves ~~$ 122,000~~ $ 72,000

THE CHAIR RECOGNIZES COUNCILOR BARRY.

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

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

NOES – 0.

EXPENSES

DECREASE IN FIXED CHARGES

Other Employee Benefits Dental Retirees $ 75,000

THE CHAIR RECOGNIZES COUNCILOR BARRY.

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

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

NOES – 0.

EXPENSES

DECREASE IN FIXED CHARGES

Fixed Charges Lag in Hiring (Budget) $100,000

THE CHAIR RECOGNIZES COUNCILOR BARRY.

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

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

NOES – 0.

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, Tetreault and Wildenhain.

NOES - 0.

ANNUAL OPERATING BUDGET ORDINANCE 2016-2017, AS AMENDED.

UPON RECOMMENDATION OF THE FINANCE 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, Tetreault and Wildenhain.

NOES - 0.

CAPITAL BUDGET ORDINANCE 2016-2017

UPON RECOMMENDATION OF THE FINANCE 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, Tetreault and Wildenhain.

NOES - 0.

CAPITAL IMPROVEMENT PROGRAM ORDINANCE 2017-2021

UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING ORDINANCE IS POSTPONED AND REFERRED BACK TO THE FINANCE COMMITTEE ON A UNANIMOUS VOICE VOTE:

AN ORDINANCE IN AMENDMENT OF CHAPTER 88 OF THE REVISED ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “SALARIES AND COMPENSATION” (BOARDS AND COMMISSIONS)

UPON RECOMMENDATION OF THE FINANCE 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, Tetreault and Wildenhain.

NOES - 0.

AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET FOR UNIFORM MEMBERS OF THE POLICE AND REPEALING CHAPTER 3080 IN ITS ENTIRETY July 1, 2014-June 30, 2016

THE CHAIR RECOGNIZES COUNCILOR MERCER.

Upon motion made by Councilor Mercer, seconded by Councilor Wildenhain, the agenda is amended to include the following communication on a unanimous voice vote:

Communication from owner/operator Jorge Diogo, KDJD Realty Company & R House Restaurant Inc. d/b/a Roast House Restaurant & Pub, 176 Columbus Avenue, requesting permission to maintain a newly constructed overhang over city property for the front door which is approximately 15 feet high.

Upon motion made by Councilor Mercer, seconded by Councilor Wildenhain, the following communication is READ AND ORDERED FILED and REFERRED TO THE CITY PROPERTY COMMITTEE on a unanimous voice vote:

UPON RECOMMENDATION OF THE FINANCE 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, Tetreault and Wildenhain.

NOES - 0.

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 (Water Finance Assistant)

THE CHAIR RECOGNIZES COUNCILOR BARRY.

Upon motion made by Councilor Barry, on behalf of Council President Moran, seconded by Councilor Hodge, the agenda is amended to include the proposed Charter changes as follows:

Charter Sec. 2-106 - Employment of counsel; legal advice generally. (Option 1)

Charter Sec. 2-106 - Employment of counsel; legal advice generally. (Option 2)

Charter Sec. 2-301 - Annual Operating Budget Ordinance

Upon motion made by Councilor Barry, on behalf of Council President Moran, seconded by Councilor Hodge, the following proposed Charter changes are referred to the ORDINANCE COMMITTEE, for review in time for a vote by the full Council by the meeting on June 22 or July 6, at the latest, on a unanimous voice vote:

Charter Sec. 2-106 - Employment of counsel; legal advice generally. (Option 1)

Charter Sec. 2-106 - Employment of counsel; legal advice generally. (Option 2)

Charter Sec. 2-301 - Annual Operating Budget Ordinance

UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING CONTRACT IS RATIFIED ON A ROLL CALL VOTE, AS FOLLOWS:

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

NOES - 0.

Drawer 8 Collective Bargaining Agreement between the City of Pawtucket and Pawtucket Lodge No. 4 Fraternal Order of Police (2014-2016)

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, Tetreault and Wildenhain.

NOES - 0.

033 RESOLUTION AUTHORIZING THE ABATEMENT OF TAXES ON AUTOMOBILES, REAL ESTATE, AND TANGIBLE PERSONAL PROPERTY IN THE TOTAL AMOUNT OF $196,669.10 FOR OCTOBER, NOVEMBER AND DECEMBER, 2015

THE CHAIR RECOGNIZES COUNCILOR HODGE.

With majority consent of the Council, the following motion made by Councilor Hodge, 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, requesting that an RFP be prepared for repairs on a fire station that is a top priority for repairs to get a cost comparison for repairs to Station 3.

THE CHAIR RECOGNIZES COUNCILOR HODGE.

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

The Clerk is instructed to send a communication to William Sisson, Fire Chief, asking him to investigate the tankers that are resting on the train tracks that run along Route 95, near a day care center. The council is concerned that this could be a dangerous situation. They want to know what is in those tankers, how dangerous it is and why those tankers can’t be more to a different location away from the day care center.

Upon motion made by Councilor Barry, seconded by the entire Council, the meeting is adjourned at 9:54 p.m., in memory of Ann McBurney.