City Council, October 5, 2016

 

A regular session of the Pawtucket City Council is held Wednesday, October 5, 2016, at 8:03 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 September 21, 2016 is dispensed with and the records are APPROVED as prepared by the Clerk.

 

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

 

 

*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:

 

 

** 592		A.    Communication from Susan Mara, Acting Director, Planning & Redevelopment, to the Honorable Members of the Pawtucket City Council.  (Meeting with Peregrine Group)
028		B.     Communication from Joan Doyle and Family, to the Pawtucket City Council. (Thank You for Support – Mayor Doyle Funeral)
028		C.     Communication from June Sager Speakman, President, Barrington Town Council to RI Cities and Towns. (Resolution Supporting the Goals of the Rhode Island Energy Challenge)
028		D.    Communication from Louise Phaneuf, Burrillville Town Clerk, to RI Cities and Towns. (Resolution Opposing the Siting of the Clear River Energy Center)
589		E.     Communication from His Honor, Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council reappointing Olga Torres to the Pawtucket Housing Authority – Term expires July 14, 2017)
611		F.      Communication from Jeannine S. Bourski, Deputy Finance Director, to Joanna L’Heureux, Finance Director.  (Final FY16 Medical Fund Report)
611		G.    Communication from Joanna L’Heureux, Finance Director, to Council President David P. Moran. (Uncollectible Accounts – Purge 2006)
** 616		H.    Communication from Michael E. Burns, Traffic Engineering Supervisor, to the Honorable Members of the Pawtucket City Council.  (Response – Pedestrian Crosswalk Marking and George R. Bennett Highway Speed Limit)
616		I.       Communication from Michael E. Burns, Traffic Engineering Supervisor, to the Honorable Members of the Pawtucket City Council.  (Response – Cottage Street Light and Broadway at George R. Bennett Highway Traffic Flow)
028		J.       Communication from Eric J. Auger, Co-Owner and Creative Director TEN31 Productions, to the Honorable Mayor Donald R. Grebien and Council President David P. Moran. (Requesting to Use the Municipal Parking Lot Across from City Hall) IS REFERRED TO THE PROPERTY COMMITTEE
613		K.    Communication from Frank J. Milos, Jr., Esq., to Council President David P. Moran. (Construction & Maintenance Agreement with the RIDOT for Division Street Bridge No. 965) IS REFERRED TO THE CITY PROPERTY COMMITTEE
	L.     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 – IS LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE.
	M.   THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS: Estate of Ryan Almeida by Vera Almeida as Administratrix and Vera Almeida, individually by Gianfrancesco & Friedemann, LLP - $1,000,000.00 Mary Laffey - $30.54 James and Elaine Paquette - $11,110,00.00 Isabel Perez by Donald Woodbine, Esq. - $185,000.00 Erwin Prado - $475.72 David Vieira by Christopher E. Fay, Esq. – No Amount Specified
**	TAKEN OFF THE CONSENT AGENDA FOR COMMENTS ONLY, NO OTHER ACTION TAKEN.

 

 

 

Communication from His Honor, Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council, submitting the following reappointment to the Advisory Commission on Arts and Culture, FOR CONFIRMATION:

 

ADVISORY COMMISSION ON ARTS AND CULTURE

 

589   Isaac Amponsah Sr., 957 Main Street, Pawtucket, RI 02860.  Term expires the first Monday in October, 2019, 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.

 

ADVISORY COMMISSION ON ARTS AND CULTURE

 

Isaac Amponsah Sr., 957 Main Street, Pawtucket, RI 02860.  Term expires the first Monday in October, 2019,

 

 

 

 

Communication from His Honor, Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council, submitting the following reappointment to the Advisory Commission on Arts and Culture, FOR CONFIRMATION:

 

ADVISORY COMMISSION ON ARTS AND CULTURE

 

589   Miriam Plitt, 44 Cooke Street, Pawtucket, RI 02860.  Term expires the first Monday in October, 2019 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.

 

 

ADVISORY COMMISSION ON ARTS AND CULTURE

 

Miriam Plitt, 44 Cooke Street, Pawtucket, RI 02860.  Term expires the first Monday in October, 2019.

 

 

 

 

Communication from His Honor, Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council, submitting the following reappointment to the Advisory Commission on Arts and Culture, FOR CONFIRMATION:

 

ADVISORY COMMISSION ON ARTS AND CULTURE

 

589   Rich Watrous, 250 Main Street, Pawtucket, RI 02860.  Term expires the first Monday in October, 2019 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.

ADVISORY COMMISSION ON ARTS AND CULTURE

 

Rich Watrous, 250 Main Street, Pawtucket, RI 02860.  Term expires the first Monday in October, 2019.

 

 

 

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 JACOB ALEX BOURKSI ON ACHIEVING THE RANK OF EAGLE SCOUT.

 

 

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 PROCLAIMING SATURDAY, NOVEMBER 26, 2016 “SMALL BUSINESS SATURDAY” IN THE CITY OF PAWTUCKET.

 

 

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.

 

330     AN ORDINANCE IN AMENDMENT OF CHAPTER 2958 OF THE ORDINANCES OF THE CITY OF PAWTUCKET, RHODE ISLAND, AMENDING TO THE 2011 COMPREHENSIVE PLAN (Amendment from Manufacturing/Industrial Open (MO) to Commercial Downtown (CD) Zoning District:  280 Pine Street, Assessors Plat 44 Lot 559)

 

 

 

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 Joanna L’Heureux, Finance Director, requesting the following information regarding the Pendulum Studio II, LLC study of McCoy Stadium:

 

1.      How much is the city paying towards the McCoy Stadium study?

2.      What percent of the cost of the study is the city paying compared to the state and the Pawsox?

3.      Where is the money coming from?

 

 

 

THE CHAIR RECOGNIZES COUNCILOR RUDD.

 

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

 

The Clerk is instructed to send a communication to Paul King, Chief of Police, requesting that the police department take action on two streets regarding speeding:

 

1.      Vincent Avenue – the Council is requesting that a speed trailer be set up to check on the number of vehicles travelling on the street and the speed of those vehicles.

 

2.      Power Road (upper end) – the Council noted that there are officers with radar working on Smithfield Avenue.  The Council is requesting that those officers be moved, if possible, to Power Road, from the Cobble Hill area to Mineral Spring Avenue, to check for speeding.  If this is feasible, the Council is requesting a report after 30 days stating how often the officers worked on Power Road and the results of the radar patrols.

 

 

COUNCILOR WILDENHAIN LEAVES THE CHAMBERS AT 8:33 P.M.

 

 

 

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, and Tetreault.

 

NOES - 0.

 

330  AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET 1996, ENTITLED “ZONING” (Amendment from Manufacturing/Industrial Open (MO) to Commercial Downtown (CD) Zoning District:  280 Pine Street, Assessors Plat 44 Lot 559)

 

 

 

COUNCILOR WILDENHAIN RETURNS TO THE CHAMBERS AT 8:35 P.M.

 

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.

 

330   AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET 1996, ENTITLED “ZONING” Text and Official Maps – Mill Building Reuse District (211 Columbus Avenue)

 

 

 

THE CHAIR RECOGNIZES COUNCILOR HODGE.

 

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

 

The Clerk is instructed to send a communication to Dylan Zelazo, regarding utilities doing work on streets that have recently been repaved by the city.  The council noted that there is an ordinance that places a 5-year moratorium on utility road cuts after a road is repaved by the city, as well as an ordinance requiring the city to notify utilities about future street work so that the utilities can get their work done on the roads before the city repaves them.  The council requests that the city be more diligent in its enforcement of the ordinances.

 

The council also requested that the city make sure that when the utilities are done with their work, they repair the streets to at least match their condition prior to the work being done.  The council noted Fountain Street as an example of a poor job done by a utility on restoring the condition of a road.  Councilor Mercer also noted two large patches on Columbus Avenue.

 

 

THE CHAIR RECOGNIZES COUNCILOR HODGE.

 

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

 

The Clerk is instructed to send a communication to Joanna L’Heureux, Finance Director, asking for a status on the pension COLA’s for the widows of fire fighters, which was discussed in the finance and ordinance committees in February.

 

 

 

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.

 

330   AN ORDINANCE IN AMENDMENT OF CHAPTER 294 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “PARKS AND PLAYGROUNDS” (Park Hours) SUBSTITUTE A, AS AMENDED.

 

 

590   Communication from His Honor Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council.  (Request to refer “Soliciting Ordinance” back to the Ordinance Committee) is READ AND ORDERED FILED.

 

 

THE FOLLOWING ORDINANCE, RETURNED BY THE ORDINANCE COMMITTEE WITH THE RECOMMENDATION FOR APPROVAL, WAS POSTPONED AT THE MEETING HELD SEPTEMBER 21, 2016 AND IS REFERRED BACK TO THE ORDINANCE COMMITTEE ON A UNANIMOUS VOICE VOTE:

 

AN ORDINANCE REPEALING SECTION 351-62 OF CHAPTER 351 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “STREETS AND SIDEWALKS” (SOLICITING)

 

 

 

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 REPEALING AND REPLACING IN ITS ENTIRETY CHAPTER 130 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “BODY WORKS SERVICES” >

 

 

UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING AMENDMENT TO THE ORDINANCE ENTITLED “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 (Animal Shelter Re-Organization)  (SUBSTITUTE A)” IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:

 

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

 

NOES - 0.

 

 

Add the following:

 

SECTION 4. CREATE

            PT/Animal Control Assistant (19 Hrs)            U01                 $18.00/hr.

 

 

 

UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME AND PASSED, AS AMENDED, 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 3059 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET FOR LOCAL 1012 (Animal Shelter Re-Organization)  (SUBSTITUTE A) AS AMENDED.

 

 

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.

 

Samantha Baker - $150.00

William and Dulce Shields – up to $10,692.87

 

 

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:

 

Michele St. Pierre by Richard C. Tallo, 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:

 

Robert Goff by Amica Insurance - $740.67

 

 

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, Rudd, Tetreault and Wildenhain.

 

NOES - 0.

 

David Lemoie - $1,563.93

Timothy Haggarty - $362.63

Shareva Page – Pending Estimates

Jessica Viveiros - $400.00

George Dossantos - $2,750.00

Irene Pereira - $6,749.87

Christopher Sharples – Pending Estimates

Lee Ann Kye and Jin Kye by Metlife Auto - $2,179.62

 

 

 

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS DENIED AND REFERRED TO CARDI CORPORATION, ON UNANIMOUS VOICE VOTE:

 

Janice Rooney by Amica Insurance - $6,918.18

 

 

 

Upon motion made by Councilor Hodge, seconded by Councilor Rudd, the meeting is adjourned at 8:50 p.m.