City Council, April 5, 2017

 

A regular session of the Pawtucket City Council is held Wednesday, April 5, 2017, at 7:43 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI. 

 

Present – President Moran, Councilors Barry, Cano, Kallman, Mercer, Rudd, Tetreault, Vitali and Wildenhain

 

Absent – 0.

 

President Moran presides.

 

The reading of the records of March 22, 2017 is dispensed with and the records are APPROVED as prepared by the Clerk.

 

 

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

 

*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:

 

630		A.    Communication from Robert W. Burns, Tax Assessor, to the Honorable Members of the Pawtucket City Council.  (Revaluation Update)
028		B.     Communication from Robert Billington, President, Blackstone Valley Tourism Council, Inc., to the Honorable City Council.  (Draft Resolution to Keep the Current Regional Hotel Tax Formula)
028		C.     Resolution from the Town of Jamestown to RI Cities and Towns.  (Resolution in Support for House Bill 5515 “An Act Relating to Criminal Procedure Immigration Detainees”)
028		D.    Resolution from the Town of Jamestown to RI Cities and Towns.  (Resolution regarding Gun Free Schools)
028		E.     Communication from Louise R. Phaneuf, Burrillville Town Clerk, to RI City and Town Clerks.  (Resolution regarding Motor Vehicle Excise Tax)
651		F.      Communication from Shaun W. Strobel, Treasurer, to the Honorable Members of the Pawtucket City Council.  (Mitigation Revenue Reporting February 2017)
** 028		G.    Communication from Steven Brown, Executive Director, ACLU, to the Honorable Members of the Pawtucket City Council.  (Sample Municipal Immigrant Protection Ordinance)
592		H.    Communication from Susan Mara, Acting Director, Planning & Redevelopment, to the Honorable Members of the Pawtucket City Council.  (Response: Noise Disturbance – Domino’s Pizza, 484 Newport Ave)
** 592		I.       Communication from Susan Mara, Acting Director, Planning & Redevelopment, to the Honorable Members of the Pawtucket City Council.  (Response: Bedbugs at Northern Plaza)
** 616		J.       Communication from Michael E. Burns, Traffic Engineering Supervisor, to the Honorable Members of the Pawtucket City Council.  (Response – Signage Requests)
614		K.    Communication from Travis Auty, Supervisor of Public Works Office, to Richard J. Goldstein, MMC, City Clerk.  (Response – Utility Work Notifications)
028		M.   Communication from Peter F. Kilmartin, Attorney General, to Council President David P. Moran.  (2017 H555 and S0420 “An Act Relating to Food and Drugs – Adult Use of Cannabis Act”)
	N.    Communication from Daryl Crossman, Right of Way, Verizon New England, Inc., to the City of Pawtucket.  (Utility Easement for the relocating of a pole at South Bend Street and Division Street to AP24 L598) IS REFERRED TO THE CITY PROPERTY COMMITTEE.
	O.    Communication from Timothy McGrath, Assistant Coach, Charles E. Shea High School, to the Substance Abuse/DARE Fund Committee.  (Request for $10,000 for Field Equipment) IS REFERRED TO THE SUBSTANCE ABUSE/DARE FUND COMMITTEE.
	P.      AN ORDINANCE IN AMENDMENT OF CHAPTER 11 OF THE CODE OF ORDINANCE OF THE CITY OF PAWTUCKET, 1996, ENTITLED “BOARDS AND COMMISSIONS: (JOINT PLANNING COMMISSION) IS LAID ON THE TABLE WITH THE RECOMMENDATION OF THE ORDINANCE COMMITTEE.
	Q.    THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY IS REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS: Nelson Barbos, $851.64 Jedida Edouard - $1,568.67/$1,584.95 Wissam Greigre, by Peter M. Iascone, Esq. - $100,000.00
**	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 Councilors Barry and Kallman, is PASSED on a unanimous voice vote:

 

The Clerk is instructed to send a communication to Andrew Silvia, PE, Project Engineer, requesting the date that they plan to lay the track at Max Read Field.

 

 

 

614	L.     Communication from Christopher J. Crawley, Maintenance Manager, to William E. Ankner, PhD, Director of Public Works.  (Response - Maintenance at Skateboard Park) is READ AND ORDERED FILED.

 

THE CHAIR RECOGNIZES COUNCILOR BARRY.

 

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

 

The Clerk is instructed to send a communication to William E. Ankner, PhD, Director of Public Works and Christopher J. Crawley, Maintenance Manager, asking when they will start repairs to the fence and other projects at the skateboard park.

 

 

 

UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING APPOINTMENT AS CITY COUNCIL LEGAL COUNSEL IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:

 

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

 

NOES – Councilors Cano, Kallman, and Vitali.

 

Joel J. Votolato, Esq.

 

 

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

 

AYES – President Moran, Councilors Barry, Cano, Kallman, Mercer, Rudd, Tetreault, Vitali and Wildenhain.

 

NOES - 0.

 

588   RESOLUTION CONVEYING AN AMENDMENT OF EASEMENT OVER AND ACROSS CITY OWNED PROPERTY ON NEWPORT AVENUE (POTTER-BURNS SCHOOL) TO NARRAGANSETT ELECTRIC COMPANY.

 

 

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

 

AYES – President Moran, Councilors Barry, Cano, Kallman, Mercer, Rudd, Tetreault, Vitali and Wildenhain.

 

NOES - 0.

 

588      RESOLUTION APPROVING THE EXECUTION OF A LOCAL PUBLIC AGENCY AGREEMENT WITH THE RHODE ISLAND DEPARTMENT OF TRANSPORTATION FOR FUNDING TO UNDERTAKE STREETSCAPE IMPROVEMENTS ALONG A PORTION OF EXCHANGE STREET AND RENOVATIONS TO THE SLATER MILL PARKING LOT AND LEATHER AVENUE.

 

 

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

 

AYES – President Moran, Councilors Barry, Cano, Kallman, Mercer, Rudd, Tetreault, Vitali and Wildenhain.

 

NOES - 0.

 

588      RESOLUTION CONGRATULATING THE TOLMAN HIGH SCHOOL COMPETITION CHEERLEADING TEAM FOR WINNING THE 2016-2017 RHODE ISLAND MEDIUM DIVISION STATE CHAMPIONSHIP.

 

 

THE CHAIR RECOGNIZES COUNCILOR CANO.

 

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

 

591      Communication from Councilors Sandra Cano, Albert Vitali, and Meghan Kallman, to His Honor Mayor Donald R. Grebien.  (Funding for Restaurant Week)

 

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

 

Communication from Councilors Sandra Cano, Albert Vitali, and Meghan Kallman, to His Honor Mayor Donald R. Grebien.  (Funding for Restaurant Week)

 

 

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, Cano, Kallman, Mercer, Rudd, Tetreault, Vitali and Wildenhain.

 

NOES - 0.

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 26 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “COURTS” (Fines and Fees)

 

 

THE CHAIR RECOGNIZES COUNCILOR CANO.

 

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

 

Councilor Barry votes no.

 

The Clerk is instructed to send a communication to Frank J. Milos, Jr., City Solicitor, asking how much the City has spent so far to defend the two cases against the City by a former employee on which Mr. Votolato is the plaintiff’s attorney – one case being an arbitration appeal and the other being a case alleging violations of the city’s harassment policy and whistleblower law.

 

 

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 instructed to send a communication to Frank J. Milos, Jr., City Solicitor, requesting an estimate on how much he anticipates the total spending will be in the Outside Legal Services line item by the end of this fiscal year.  Also, they want a breakdown by law firm or by case of all spending in that line item for the year-to-date.

 

 

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, Cano, Kallman, Mercer, Rudd, Tetreault, Vitali and Wildenhain.

 

NOES - 0.

 

Daniela Garcia - $40.00

David Malkasian Sr. - $1,225.00

Marjorie Zahn - $625.00

 

 

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, Cano, Kallman, Mercer, Rudd, Tetreault, Vitali and Wildenhain.

 

NOES - 0.

 

Harriett Frank - $159.24

Jorge Baptista - $600.00

Robin Belgarde-Gois – No Amount Specified

Ann Roach – $280.00/$300.00

 

 

 

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:

 

Eugene Aguiar, Sr. by Rob Levine Esq. – No Amount Specified

Eldominic Ramsey by Richard A. Sinapi, Esq. - $100,000.00

 

 

 

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE PUBLIC WORKS DEPARTMENT IS INSTRUCTED TO MAKE THE REPAIRS FOR THE FOLLOWING CLAIMANTS, ON A ROLL CALL VOTE, AS FOLLOWS:

 

AYES – President Moran, Councilors Barry, Cano, Kallman, Mercer, Rudd, Tetreault, Vitali and Wildenhain.

 

NOES - 0.

 

Kyle McCarthy – No Amount Specified

Paul Treanor – No Amount Specified

 

 

 

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE POSTPONED, ON A UNANIMOUS VOICE VOTE:

 

Lucia Silva by Paragon Subrogation Services - $8,329.70

Maria Semedo by MAPRE Insurance - $6,480.23

 

 

 

 

Upon motion made by Councilor Mercer, seconded by Councilor Barry, the meeting is adjourned at 8:32 p.m.