City Council, November 9, 2016

 

A regular session of the Pawtucket City Council is held Wednesday, November 9, 2016, at 9:29 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 AT 9:30 P.M. TO CONDUCT PUBLIC HEARINGS ON THE FOLLOWING ORDINANCES:

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET 1996, ENTITLED “ZONING”.  CHANGE IN THE ALLOWANCE OF ELECTRONIC MESSAGING CENTERS (EMCs) BY SPECIAL PERMIT WITHIN MANUFACTURING/INDUSTRIAL OPEN (MO) DISTRICTS

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET 1996, ENTITLED “ZONING”.  (Home Occupation by Right within Mill Redevelopments) SUBSTITUTE A

 

THE COUNCIL RECONVENES AT 9:38 P.M.

 

 

The reading of the records of October 19, 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:

 

 

7	A.    Various Forms & Statements from Rhode Island Infrastructure Bank.
028	B.     Communication from Denise Panichas, Executive Director, The Samaritans of Rhode Island, to the Honorable Members of the Pawtucket City Council, thanking the Council for their donation of $500)
028	C.     Communication from Colin Kane, Peregrine Group, LLC, to Council President David P. Moran.  (Division Street Development)
592	D.    Communication from Susan Mara, Acting Director, Planning & Redevelopment; Michael D. Cassidy, Retired Director, Planning & Redevelopment; and John Gregory, President/CEO, Northern Rhode Island Chamber of Commerce, to Stefan Pryor, Secretary and Darin Early President, RI Commerce Corporation.  (Rebuild RI Tax Credits: Hope Artiste Village)
611	E.     Communication from Joanna L’Heureux, Finance Director, to the Honorable Members of the Pawtucket City Council.  (Statement of Estimated Realized and Unrealized Revenues for the fiscal period July 1, 2016 through September 30, 2016)
611	F.      Communication from Jeannine S. Bourski, Deputy Finance Director, to His Honor Mayor Donald R. Grebien.  (Uniform Overtime FY17)
1	G.    Communication from Paul King, Chief of Police, to Council President David P. Moran.  (Beloved Community Summer Job Program Performance Report)
611	H.    Communication from Joanna L’Heureux, Finance Director, to the Honorable Members of the Pawtucket City Council.  (Response – Marketing Line Item FY17)
630	I.       Communication from Robert W. Burns, Tax Assessor, to the Honorable Members of the Pawtucket City Council.  (Tax Abatements for January, February and March 2016)
	J.       RESOLUTION AUTHORIZING THE ABATEMENT OF TAXES ON AUTOMOBILES, REAL ESTATE, AND TANGIBLE PERSONAL PROPERTY IN THE TOTAL AMOUNT OF $245,422.97 FOR JANUARY, FEBRUARY AND MARCH 2016 – IS REFERRED TO THE FINANCE COMMITTEE.
611	K.    Communication from Joanna L’Heureux, Finance Director, to the Honorable Members of the Pawtucket City Council.  (Fund Balance Policy)
	L.     RESOLUTION AUTHORIZING THE TRANSFER OF $1,808,208 OF MEDICAL RESERVES (ASSIGNED FUND BALANCE FOR MEDICAL) TO THE INTERNAL SERVICE FUND (FUND 198) – IS REFERRED TO THE FINANCE COMMITTEE.
	M.   RESOLUTION ADOPTING A FUND BALANCE POLICY – IS REFERRED TO THE FINANCE COMMITTEE.
028	N.    Communication from Joseph A. Keough, Jr., Esq. to Richard J. Goldstein, MMC, City Clerk.  (Pawtucket Water Supply Board – Contract for Chief Engineer)
	O.    Employment Agreement between the Pawtucket Water Supply Board and James Decelles, P.E., Chief Engineer.  (August 17, 2017 – August 17, 2023) IS REFERRED TO THE FINANCE COMMITTEE.
	P.      Communication from Susan Mara, Executive Director, Pawtucket Redevelopment Agency, to Council President David P. Moran, requesting the transfer of three City owned parcels to the PRA – AP20 L455, 593, 594) IS REFERRED TO THE CITY PROPERTY COMMITTEE.
	Q.    AN ORDINANCE IN AMENDMENT OF ARTICLE VI OF CHAPTER 351 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “SNOW AND ICE REMOVAL” (Clearing of Sidewalks) – IS LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE.
	R.     AN ORDINANCE IN AMENDMENT OF SECTION 392-7 OF CHAPTER 392 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “TEMPORARY PARKING AREA” (PARKING ON NONPAVED AREAS) – IS LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE.
	S.      THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS: Jin Kye - $1893.58 (est. $2,552.75/$1,125.84/$1,486.92) April Vasquez & Joseph Washington, by D’Amico and Burchfield LLP – No Amount Specified

 

 

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.

 

588   RESOLUTION AUTHORIZING THE PLACEMENT OF A MONUMENT IN SLATER PARK IN HONOR OF THE 21 PAWTUCKET HEROES WHO GAVE THEIR LIVES DURING THE VIETNAM WAR.

 

 

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.

 

588   RESOLUTION CHANGING THE DATE OF THE COUNCIL AND BOARD OF LICENSE COMMISSIONERS MEETINGS SCHEDULED FOR WEDNESDAY, NOVEMBER 23, 2016 (THANKSGIVING EVE) TO TUESDAY, NOVEMBER 22, 2016, AT THEIR REGULAR TIMES.

 

 

 

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, and Tetreault.

 

NOES – Councilor Wildenhain.

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET 1996, ENTITLED “ZONING”.  CHANGE IN THE ALLOWANCE OF ELECTRONIC MESSAGING CENTERS (EMCs) BY SPECIAL PERMIT WITHIN MANUFACTURING/INDUSTRIAL OPEN (MO) DISTRICTS

 

 

 

THE FOLLOWING ITEM WAS NOT TAKEN UP BY THE COUNCIL:

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET 1996, ENTITLED “ZONING”.  (Home Occupation by Right within Mill Redevelopments) SUBSTITUTE A

 

 

 

THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.

 

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

 

The clerk is instructed to send a communication to Secretary of State and the Board of Elections to express their concerns regarding the election process in Pawtucket on November 8, 2016.  Also, they are requesting that State election officials do an investigation of the events that occurred in Pawtucket to better understand what went wrong and to help come up with a plan to ensure that it does not occur again in the future.

 

 

UPON RECOMMENDATION OF THE ANIMAL CONTROL 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 116 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ANIMALS” (DOGS RUNNING AT LARGE)

 

 

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, Tetreault and Wildenhain.

 

NOES – 0.

 

Mary Laffey - $30.54

James and Elaine Paquette - $6,759,24

 

 

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:

 

Isabel Perez by Donald Woodbine, Esq. - $185,000.00

David Vieira by Christopher E. Fay, 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:

 

Jessica Viveiros - $400.00

 

 

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE DENIED, ON A ROLL CALL VOTE, AS FOLLOWS:

 

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

 

Erwin Prado - $475.72

Robert Goff by Amica Insurance - $740.67

Estate of Ryan Almeida by Vera Almeida as Administratrix and Vera Almeida, individually

     by Gianfrancesco & Friedemann, LLP - $1,000,000.00

 

 

THE CHAIR RECOGNIZES COUNCILOR MERCER.

 

With majority consent of the Council, the following motion made by Councilor Mercer. on behalf of Council President Moran, seconded by Councilor Barry, is PASSED on a unanimous voice vote:

 

The clerk is instruct to send a communication to Mayor Donald R. Grebien regarding the purchase of the street lights from National Grid.  The Council would like to know the following:

1.      Specifically, what are the issues that are holding up the purchase of the streetlights?

2.      In his letter to National Grid that was on the Council docket two weeks ago, the mayor stated that he hoped to have the matter resolved within 30 days.  Is there an update on the purchase since he sent them the letter?

 

 

 

Upon motion made by Councilor Hodge, seconded by Councilor Bray, the meeting is adjourned at 10:02 p.m.