City Council, September 21, 2016

 

A regular session of the Pawtucket City Council is held Wednesday, September 21, 2016, at 7:27 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 PUBLIC HEARINGS ON THE FOLLOWING:

 

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)

          

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)

 

THE COUNCIL RECONVENES AT 7:43 P.M.

 

 

THE COUNCIL RECESSES 7:43 TO CONDUCT A PUBLIC HEARING ON THE FOLLOWING:

 

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 COUNCIL RECONVENES AT 8:02 P.M.

 

 

The reading of the records of September 7, 2016 is dispensed with and the records are APPROVED as prepared by the Clerk.

 

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

 

 

*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:

 

 

028	A.    Communication from Charles D. Rennick, General Counsel, Providence and Worcester Railroad Company to Susan Mara, Acting Director, Planning & Redevelopment. (Zoning Map Amendment – 280 Pine Street)
592	B.     Communication from Susan Mara, Acting Director, Planning & Redevelopment, to Charles D. Rennick, General Counsel, Providence and Worcester Railroad Company (Zoning Map Amendment – 280 Pine Street)
061	C.     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 August 31, 2016)
589	E.     Communication from Thomas Whitten, to Mayor Donald R. Grebien.  (Resignation from the Public Library Board of Trustees)
611	F.      Communication from Jeannine S. Bourski, Deputy Finance Director, to Richard J. Goldstein, MMC, City Clerk.  (Response – Positions and Fiscal Impact)
650	H.    Communication from Andrew Silvia, PE, PMP, Chief of Project Development, to the Honorable Members of the Pawtucket City Council.  (Easement with National Grid for Pole at Max Reed Field)  IS REFERRED TO THE CITY PROPERTY COMMITTEE.
	I.       THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS: Samantha Baker - $150.00/$176.00 Timothy Haggarty - $362.63 Lee Ann Kye and Jin Kye, by Metlife Auto - $2179.62 David Lemoie - $1,563.93 James & Elaine Paquette - $11,110.00 Janice Rooney, by Amica Insurance - $6,918.18 Michele St. Pierre, by Richard C. Tallo, Esq. – No Amount Specified

 

611	D.    Communication from Jeannine S. Bourski, Deputy Finance Director, to His Honor, Mayor Donald R. Grebien.  (Uniform Overtime FY17) is READ AND ORDERED FILED.

 

THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.

 

Upon motion made by Councilor Wildenhain, seconded by Councilor Barry, the agenda is amended to include the following:

 

Revised Uniform Overtime FY17 Report, as of 8/31/2016.

 

Upon motion made by Councilor Wildenhain, seconded by Councilor Barry, the following is READ AND ORDERED FILED:

 

Revised Uniform Overtime FY17 Report, as of 8/31/2016.

 

 

 

616	G.    Communication from Michael E. Burns, Traffic Engineering Supervisor, to the Honorable Members of the Pawtucket City Council.  (Response – Pedestrian Crossing on Curves) is READ AND ORDERED FILED.

 

 

THE CHAIR RECOGNIZES COUNCILOR HODGE.

 

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

 

The Clerk is instructed to send a communication to His Honor, Mayor Donald R. Grebien requesting that whenever the city repaves, stripes or otherwise paints a road, warnings stating “Crosswalks Ahead” be painted on the road wherever appropriate.  The Council is recommending that this be made part of any contracts for this work.

 

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 Frank J. Milos, Jr., Esq., City Solicitor, requesting that he prepare an ordinance to create an additional fine for speeding within 50 feet of a crosswalk.  The fine would be $25 for going more than 10 mph over the speed limit and $50 for going more than 20mph over the limit.  This fine is in addition to the regular fine for speeding. 

 

THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.

 

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

 

The Clerk is instructed to send a communication to Susan Mara, Acting Director, Planning & Redevelopment, asking that she attend a Pre-Council Session on October 5, 2016, to provide and update regarding the Peregrine Group LLC development project on Division Street.

 

 

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

 

ADVISORY COMMISSION ON ARTS AND CULTURE

 

589   Jan Brodie, 6 Pearl Street, Mattapoisett, MA.  Term expires the first Monday in October, 2018, 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

 

Jan Brodie, 6 Pearl Street, Mattapoisett, MA.  Term expires the first Monday in October, 2018.

 

 

 

Communication from His Honor, Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council, submitting the following appointment to the Public Library Board of Trustees, FOR CONFIRMATION:

 

PUBLIC LIBRARY BOARD OF TRUSTEES

 

589   Timothy A. Joseph, 39 Newman Road, Pawtucket, RI.  Term expires the 1^st Monday in January, 2019.  (To fill the unexpired term of Thomas Whitten), 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.

 

PUBLIC LIBRARY BOARD OF TRUSTEES

 

Timothy A. Joseph, 39 Newman Road, Pawtucket, RI.  Term expires the 1^st Monday in January, 2019.  (To fill the unexpired term of Thomas Whitten).

 

 

 

 

 

Communication from His Honor, Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council, submitting the following reappointment to the Pawtucket Redevelopment Agency, FOR CONFIRMATION:

 

PAWTUCKET REDEVELOPMENT AGENCY

 

589   William D. Vieira, 85 Samuel Avenue, Pawtucket, RI.  Term Expires September 12, 2021 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.

 

PAWTUCKET REDEVELOPMENT AGENCY

 

William D. Vieira, 85 Samuel Avenue, Pawtucket, RI.  Term Expires September 12, 2021.

 

 

 

THE FOLLOWING REAPPOINTMENT BY COUNCIL PRESIDENT MORAN TO THE ARTS PANEL REVIEW COMMITTEE IS CONFIRMED ON A ROLL CALL VOTE, AS FOLLOWS:

 

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

 

NOES - 0.

 

591            Eric Auger, 24 Walnut Street, Pawtucket, RI 02860. Term Expires June 1, 2019.

 

 

COUNCIL PRESIDENT MORAN APPOINTS COUNCILOR SANDRA CANO AS A CITY COUNCIL MEMBER TO SERVE ON THE ARTS PANEL REVIEW COMMITTEE, 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.

 

330   AN ORDINANCE IN AMENDMENT OF CHAPTER 50 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “OFFICERS AND EMPLOYEES” (DUTIES OF THE ZONING DIRECTOR)

 

 

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 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)

 

 

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 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)

 

 

THE CHAIR RECOGNIZES COUNCILOR MERCER.

 

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

 

592   Communication from Jay Rosa, Senior Planner, to the Honorable Members of the Pawtucket City Council.   (Historic District Commission’s Advisory Recommendation – MBRD Overlay for 211 Columbus Avenue)

 

Upon motion made by Councilor Mercer, seconded by Councilor Hodge, the following communication is READ AND ORDERED FILED:

 

Communication from Jay Rosa, Senior Planner, to the Honorable Members of the Pawtucket City Council.   (Historic District Commission’s Advisory Recommendation – MBRD Overlay for 211 Columbus Avenue)

 

 

 

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 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)

 

 

 

UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE, THE FOLLOWING AMENDMENT TO THE ORDINANCES ENTITLED “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” IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:

 

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

 

NOES - 0.

 

Amend as follows:

 

Park hours are from dawn until dusk unless authorized by permit, which shall be issued by the Director of Public Works or his/her designee.

 

 

 

UPON RECOMMENDATION OF THE ORDINANCE 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 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.  (Concerns regarding Repealing of Soliciting Ordinance) is READ AND ORDERED FILED

 

 

THE FOLLOWING ORDINANCE IS TAKEN UP:

 

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)

 

 

THE CHAIR RECOGNIZES COUNCILOR HODGE.

 

Upon motion made by Councilor Hodge, seconded by Councilors Barry and Cano, the following ordinance is POSTPONED 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)

 

 

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 His Honor Mayor Donald R. Grebien, requesting that he consider increasing the speed limit on the George R. Bennett Industrial Highway from 25 mph to 30 mph.

 

 

THE CHAIR RECOGNIZES COUNCILOR RUDD.

 

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

 

The Clerk is instructed to send a communication to His Honor Mayor Donald R. Grebien, requesting that he ensure that the administration is working on a new ordinance regarding soliciting to replace the current ordinance that the Council is considering repealing. 

 

 

THE CHAIR RECOGNIZES COUNCILOR RUDD.

 

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

 

592   Communication from Jay Rosa, Senior Planner, to the Honorable Members of the Pawtucket City Council.  (Planning Commission’s Recommendation - Zone Change – 280 Pine Street)

 

Upon motion made by Councilor Rudd, seconded by Councilor Barry, the following communication is READ AND ORDERED FILED:

 

Communication from Jay Rosa, Senior Planner, to the Honorable Members of the Pawtucket City Council.  (Planning Commission’s Recommendation - Zone Change – 280 Pine Street)

 

 

 

THE CHAIR RECOGNIZES COUNCILOR BARRY.

 

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

 

The Clerk is instructed to send a communication to Joanna L’Heureux, Finance Director, requesting that she provide Alan Tavares, City Council Fiscal Analyst, all revenue and expenditures for FY16 as soon as they are presented to the auditors for review.

 

 

 

Upon motion made by Councilor Barry, seconded by the entire Council, the meeting is adjourned at 8:30 p.m. in memory of State Representative William San Bento.