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City Council, April 19, 2017

A regular session of the Pawtucket City Council is held Wednesday, April 19, 2017, at 7:39 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.

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

Absent – Councilor Cano.

President Moran presides.

The reading of the records of April 5, 2017 is dispensed with and the records are APPROVED as prepared by the Clerk.

Upon motion made by Councilor Mercer, seconded by Councilor Kallman, 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. Resolution from the Town of Charlestown in Opposition to H5475 and S0481 regarding Subdivision of Land

15	C. Communication from Susan L. Reed, Library Director, to the Honorable Members of the Pawtucket City Council. (Library 3^rd Quarter Report to the City Council)

611	D. Communication from Joanna L’Heureux, Director of Finance, to the Honorable Members of the Pawtucket City Council. (FY16 Single Audit)

611	E. Communication from Joanna L’Heureux, Director of Finance, to the Honorable Members of the Pawtucket City Council. (FY16 Actuarial Valuation Report)

623	F. Communication from Susan Mara, Acting Planning Director and Robert Burns, Tax Assessor, to John S. Comey, AC Property Management, Real Estate 5‑Year Tax Stabilization for 120 Webster Street Approval)

613	G. Communication from Frank J. Milos, Jr., City Solicitor, to Councilor Sandra C. Cano. (Response – Cost of Attorney’s Fees)

	H. Communication from R. Kevin Horan, Esq., representing Community Resources for Justice (CRJ) to the Honorable Members of the Pawtucket City Council, requesting real and personal property tax exempt status for the Neil J. Houston, Jr. Residential Re-Entry Center at 67 Slater Street IS REFERRED TO THE FINANCE COMMITTEE.

	I. Communication from Lisa A. Adelman, Esq. OSJ of Providence, LLC, to the Honorable Members of the Pawtucket City Council, requesting consideration for increasing the size of sign in the right of way of 50 Ann Mary Street) IS REFERRED TO THE CITY PROPERTY COMMITTEE.

	J. Communication from Joanna L’Heureux, Finance Director, to the Honorable Members of the Pawtucket City Council. (Substance Abuse Dare Funds for the FY2018 Budget) IS REFERRED TO THE SUBSTANCE ABUSE/DARE FUND COMMITTEE.

	K. Communication from Paul King, Chief of Police, to the Honorable Members of the Pawtucket City Council. (Support of FY2018 Request for Safety Programs) IS REFERRED TO THE SUBSTANCE ABUSE/DARE FUND COMMITTEE

	L. Communication from the Fairlawn Cardinals, to the Honorable Members of the Pawtucket City Council. (Requesting funds from the Substance Abuse/DARE Fund Committee) IS REFERRED TO THE SUBSTANCE ABUSE/DARE FUND COMMITTEE

028	M. Communication from Susan Walker, Elizabeth Maynard, Tim DeChristopher, and Gregory Waksmulski of the Pawtucket Revival Squad to the Honorable Members of the Pawtucket City Council. (Requesting permission to use the parcel of land on Taft Street for the purposes of a Community Garden)

	N. RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A LICENSE AGREEMENT FOR THE CITY OWNED PLOT OF LAND ON TAFT STREET FOR A COMMUNITY GARDEN – TO BE REFERRED TO THE CITY PROPERTY COMMITTEE.

	O. AN ORDINANCE ESTABLISHING CHAPTER 169 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “CLOSED CAPTIONING” – TO BE LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE.

	P. THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY IS REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS: Lawrence Mendes by Thomas Sparks, Esq. – No Amount Specified Patricia Petit - $309.42 Stephen Shanks by Thomas Sparks, Esq. – No Amount Specified Vincent Tanner - $792.00

UPON UNANIMOUS CONSENT OF THE COUNCIL, THE FOLLOWING ITEMS ARE TAKEN UP AT THIS TIME:

Communication from Kenneth R. McGill, Registrar, Board of Canvassers and Registration, to the Honorable Members of the Pawtucket City Council. (H-5700 & S-0619 Early Voting Bill) is READ AND ORDERED FILED.

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

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

NOES - 0.

588 RESOLUTION IN SUPPORT OF 2017-H 5700 AND 2017-S 0619 ENTITLED “AN ACT RELATING TO ELECTIONS – IN-PERSON EARLY VOTING”

592 Communication from Susan Mara, Acting Director, Planning & Redevelopment, Edward Soares, CD Program Manager and Michael D. Cassidy, Planning Consultant, to the Honorable Members of the Pawtucket City Council. (Supporting Materials for 2017-18 Consolidated Plan for the use of funding from the CDBG, HOME and ESG Programs) is READ AND ORDERED FILED

Activity Applications Home Applications Public Service Applications

The following resolution is taken up:

RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR FUNDS UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM.

THE CHAIR RECOGNIZES COUNCILOR RUDD.

Upon motion made by Councilor Rudd, seconded by Councilor Barry, the following resolution is POSTPONED on a unanimous voice vote:

RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR FUNDS UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM.

THE CHAIR RECOGNIZES COUNCILOR BARRY.

Upon motion made by Councilor Barry, seconded by Councilor Rudd, the agenda is AMENDED to include the following communication on a unanimous voice vote:

590 Communication from Mayor Donald R. Grebien, Pawtucket, and Mayor James Diossa, Central Falls, to Dr. Nicole Alexander-Scott, Director, RI Department of Health. (Memorial Hospital of Rhode Island)

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

Communication from Mayor Donald R. Grebien, Pawtucket, and Mayor James Diossa, Central Falls, to Dr. Nicole Alexander-Scott, Director, RI Department of Health. (Memorial Hospital of Rhode Island)

THE CHAIR RECOGNIZES COUNCILOR BARRY.

Upon motion made by Councilor Barry, seconded by Councilor Wildenhain, the agenda is AMENDED to include the following communications and ordinances:

623 Communication from Don Zimmerman, Director of Human Resources, to the Honorable Members of the Pawtucket City Council. (Pay Plan Amendment – Unclassified Non-Union)

AN ORDINANCE IN AMENDMENT OF CHAPTER 3058 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET FOR UNCLASSIFIED NON-UNION POSITIONS

623 Communication from Don Zimmerman, Director of Human Resources, to the Honorable Members of the Pawtucket City Council. (Pay Plan Amendment – Heads of Departments)

AN ORDINANCE IN AMENDMENT OF CHAPTER 3057 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET FOR SALARIES FOR HEADS OF DEPARTMENTS.

623 Communication from Don Zimmerman, Director of Human Resources, to the Honorable Members of the Pawtucket City Council. (Pay Plan Amendment – Classified Non-Union)

AN ORDINANCE IN AMENDMENT OF CHAPTER 3083 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET FOR CLASSIFIED NON-UNION POSITIONS)

Communication from Don Zimmerman, Director of Human Resources, to the Honorable Members of the Pawtucket City Council. (Pay Plan Amendments for Local 3960 – Senior Appraisal Technician/Tangible Property Specialist; Beautification Supervisor; Registrar Board of Canvassers; Police Identification Bureau Assistant)

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 (Senior Appraisal Technician/Tangible Property Specialist; Beautification Supervisor; Registrar Board of Canvassers; Police Identification Bureau Assistant)

Upon motion made by Councilor Barry, seconded by Councilor Wildenhain, the following communications and ordinances are LAID ON THE TABLE and REFERRED TO THE FINANCE COMMITTEE:

623 Communication from Don Zimmerman, Director of Human Resources, to the Honorable Members of the Pawtucket City Council. (Pay Plan Amendment – Unclassified Non-Union)

AN ORDINANCE IN AMENDMENT OF CHAPTER 3058 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET FOR UNCLASSIFIED NON-UNION POSITIONS

623 Communication from Don Zimmerman, Director of Human Resources, to the Honorable Members of the Pawtucket City Council. (Pay Plan Amendment – Heads of Departments)

AN ORDINANCE IN AMENDMENT OF CHAPTER 3057 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET FOR SALARIES FOR HEADS OF DEPARTMENTS.

623 Communication from Don Zimmerman, Director of Human Resources, to the Honorable Members of the Pawtucket City Council. (Pay Plan Amendment – Classified Non-Union)

AN ORDINANCE IN AMENDMENT OF CHAPTER 3083 OF THE ORDINANCE OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET FOR CLASSIFIED NON-UNION POSITIONS)

623 Communication from Don Zimmerman, Director of Human Resources, to the Honorable Members of the Pawtucket City Council. (Pay Plan Amendments for Local 3960 – Senior Appraisal Technician/Tangible Property Specialist; Beautification Supervisor; Registrar Board of Canvassers; Police Identification Bureau Assistant)

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

NOES - 0.

033 RESOLUTION AUTHORIZING THE ABATEMENT OF TAXES ON AUTOMOBILES, REAL ESTATE, AND TANGIBLE PERSONAL PROPERTY IN THE TOTAL AMOUNT OF $83,276.26 FOR APRIL, MAY AND JUNE 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, Kallman, Mercer, Rudd, Tetreault, Vitali and Wildenhain.

NOES - 0.

033 RESOLUTION AUTHORIZING THE ABATEMENT OF TAXES ON AUTOMOBILES, REAL ESTATE, AND TANGIBLE PERSONAL PROPERTY IN THE TOTAL AMOUNT OF $316,381.38 FOR JULY, AUGUST AND SEPTEMBER 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, Kallman, Mercer, Rudd, Tetreault, Vitali and Wildenhain.

NOES - 0.

033 RESOLUTION AUTHORIZING THE ABATEMENT OF TAXES ON AUTOMOBILES, REAL ESTATE, AND TANGIBLE PERSONAL PROPERTY IN THE TOTAL AMOUNT OF $66,320.83 FOR OCTOBER, NOVEMBER AND DECEMBER 2016.

THE CHAIR RECOGNIZES COUNCILOR TETREAULT.

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

The Clerk is instructed to send a communication to Don Zimmerman, Director of Human Resources, requesting a response to Councilor Tetreault’s March 8, 2017 letter that was requesting a full consolidation report and the most recent status of Human Resource activities that have been undertaken.

The following ordinance is read for the SECOND time and PASSED on a roll call vote, as follows:

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

NOES - 0.

330 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 KALLMAN.

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

The Clerk is instructed to send a communication to William E. Ankner, PhD, Director of Public Works, regarding the condition of city bus stops and bus shelters. The Council is asking if these bus shelters could be part of a beautification project and possibly offer shade by way of a tree planted near these shelters. The Council would like to know how much this would cost and if the CDBG money designated for tree planting could be used for this purpose. The Council wants to know what policies or plans are in place to improve the condition of the bus stops, including the shelters and other bus stops in the city. Also, the Council requested that he get a list from RIPTA of all bus stops in Pawtucket.

THE FOLLOWING ORDINANCE RETURNED BY THE ORDINANCE COMMITTEE WITH THE RECOMMENDATION FOR APPROVAL IS TAKEN UP:

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)

THE CHAIR RECOGNIZES COUNCILOR MERCER.

Upon motion made by Councilor Mercer, seconded by Councilors Barry, Rudd, and Kallman, the Council POSTPONES THIS ORDINANCE AND REFERS IT BACK TO THE ORDINANCE COMMITTEE for language for an amendment to include the 6^th District Councilor on the Joint Planning Commission.

THE CHAIR RECOGNIZES COUNCILOR VITALI.

The following motion made by Councilor Vitali, seconded by Councilor Kallman, is DEFEATED on a roll call vote, as follows:

AYES – Councilors Kallman and Vitali.

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

The Clerk is instructed to send a communication to Joel J. Votolato, Esq., asking if he believes he has a conflict of interest serving as legal counsel to the city council while at the same time representing a client who is suing the city.

Upon motion made by Councilor Mercer, seconded by Councilor Tetreault, the meeting is adjourned at 8:35 p.m.