City Council, August 9, 2017

 

 

A regular session of the Pawtucket City Council is held Wednesday, August 9, 2017, at 8:11p.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 COUNCIL RECESSES IMMEDIATELY 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 RIVERFRONT COMMISSION RULES AND PROCEDURES.

 

Amendment recommended by the Ordinance Committee:

 

§ 410-13.4: APPOINTMENT AND REMOVAL OF MEMBERS

….. One member of the Commission may also be a City Council member. Appointed members of the Commission may include members of the City Council.

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET 1996, ENTITLED “ZONING” (Text and Official Maps) – (USE TABLES- Restaurants/Entertainment)

 

 

THE COUNCIL RECONVENES AT 8:16 P.M.

 

 

The reading of the records of July 19, 2017 is dispensed with and the records are APPROVED as prepared by the Clerk. 07/19/2017

 

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

 

*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:

 

028	A.    Communication from the Town of North Smithfield in support of Legislation that provides Reimbursement for Cost of the Municipal Police Training Academy.
061	B.     Communication from Joanna L’Heureux, Director of Finance, to the Honorable Members of the Pawtucket City Council.   (Statement of Estimated Realized and Unrealized Revenues for the fiscal period July 1, 2016 through June 30, 2017)
611	C.     Communication from Jeannine S. Bourski, Deputy Finance Director, to Mayor Donald R. Grebien.  (Uniform Overtime FY17)
017	D.    Communication from Marcum, LLP, to the Honorable Members of the Pawtucket City Council.  (Financial Audit Status for Year Ending June 30, 2017)
	1.
1	F.      Communication from Tina Goncalves, Acting Chief of Police, to Richard J. Goldstein, MMC, City Clerk.  (Response – Traffic Violations on Power Road)
** 614	G.    Communication from William E. Ankner, PhD, Director of Public Works, to Councilor John J. Barry, III (Response – No Road Opening on Armistice Boulevard)
592	H.    Communication from Susan Mara, Acting Director, Planning & Redevelopment, to the Honorable Members of the Pawtucket City Council.  (Response – CDBG Funding Revised Allocations)
	I.       Communication from George Patrick Hovarth, Esq., to Councilor John J. Barry, III, Finance Committee Chair, requesting tax interest relief for the Mill complex at Conant, Weeden and Barton Streets – AP44 L433, 581, 601, 612)  IS REFERRED TO THE FINANCE COMMITTEE.
	J.       Communication from Lyle A. Bookbinder, EIT, NRE Permitting Manager, Mobilitie, to Michelle R. Hardy, CMC, Deputy City Clerk.  (Telecommunications Proposal) IS REFERRED TO THE CITY PROPERTY COMMITTEE.
	K.    Communication from Melissa Darosa, Executive Director, Knowledge is Power 401, to the DARE Committee.  (Request for funds for the 9th Annual Nonviolence Awareness Block Party) IS REFERRED TO THE SUBSTANCE ABUSE DARE FUND COMMITTEE.
**	L.     Communication from Norm Lamoureux, Operations Manager, Public Works, to the Pawtucket City Council Cemetery Committee.  (Request for Funding for the Oak Grove and Mineral Spring Avenue Cemeteries) IS REFERRED TO THE PUBLIC WORKS/CEMETERY COMMITTEE
	M.   THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS: Julie French – No Amount Specified Verna J. Grylls – No Amount Specified Diana Liss and Andrew Liss, by Olenn & Penza – No Amount Specified Kristin McManus-Guisti, by Nationwide Insurance - $703.25 Joseph Sirignano, by Paul Sullivan, Esq. - $850,000.000 Michael Kane, by G. Eben Milne, Esq. - $12,614.00 Michael Newman, by G. Eben Milne, Esq. - $21,512.00 Dino Giorgio, by G. Eben Milne, Esq. - $15,874.00 Wilmide Jean Baptiste, by Progressive Insurance - $2,899.27
**	TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY, NO OTHER ACTION TAKEN.
590	E.     Communication from Lauren Greene, Constituent Service & Communications Associate, to the Honorable Members of the Pawtucket City Council.  (Safer Grant) is READ AND ORDERED FILED.

 

 

THE CHAIR RECOGNIZES COUNCILOR RUDD.

 

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

 

590   Communication from His Honor, Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council.   (Safer Grant)

 

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

 

Communication from His Honor, Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council.   (Safer Grant)

 

THE CHAIR RECOGNIZES COUNCILOR RUDD.

 

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

 

The Clerk is instructed to set a joint Public Safety and Finance Committee meeting on September 6, 2017 to discuss the Safer Grant, and to invite William Sisson, Fire Chief.

 

 

THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.

 

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

 

The Clerk is instructed to send a communication to Antonio J. Pires, Director of Public Safety, requesting that he schedule a meeting of the Pawtucket Marijuana Task Force in the near future to discuss ways to enhance the laws or enforcement regarding the illegal growing and use of marijuana.

 

 

 

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 ENCOURAGING ALL RESIDENTS TO PARTAKE IN PAWTUCKET RESTAURANT WEEK DURING SEPTEMBER 4-10, 2017.

 

 

 

THE FOLLOWING RESOLUTION WAS POSTPONED AT THE MEETING HELD JULY 5, 2017, AND IS POSTPONED INDEFINITELY ON A UNANIMOUS VOICE VOTE:

 

RESOLUTION ENCOURAGING ALL DEVELOPMENT AROUND THE NEW TRAIN STATION TO TRULY FOSTER THE CREATION OF ALL ECONOMICALLY-DIVERSE LIVING COMMUNITY.

 

 

 

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

 

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

 

NOES – Councilor Wildenhain.

 

588   RESOLUTION ENCOURAGING ALL DEVELOPMENT AROUND THE NEW TRAIN STATION TO TRULY FOSTER THE CREATION OF ALL ECONOMICALLY-DIVERSE LIVING COMMUNITY. (SUBSTITUTE A)

 

 

 

THE CHAIR RECOGNIZES COUNCILOR MERCER.

 

Upon motion made by Councilor Mercer, seconded by Councilors Wildenhain and Vitali, the agenda is amended to include the following communication:

 

Communication from William E. Ankner, PhD, Director of Public Works, to the Honorable Members of the Pawtucket City Council.  (Parking Easement Agreement for 211 Columbus Avenue – Soccer Parking)

 

Upon motion made by Councilor Mercer, seconded by Councilors Wildenhain and Vitali, the following communication is READ AND ORDERED FILED and REFERRED TO THE CITY PROPERTY AND FINANCE COMMITTEES, with the request that a meeting be scheduled next week, on a unanimous voice vote:

 

Communication from William E. Ankner, PhD, Director of Public Works, to the Honorable Members of the Pawtucket City Council.  (Parking Easement Agreement for 211 Columbus Avenue – Soccer Parking)

 

 

 

UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE, THE FOLLOWING AMENDMENT TO THE ORDINANCE ENTITLED “AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET 1996, ENTITLED “ZONING” CHANGE IN THE RIVERFRONT COMMISSION RULES AND PROCEDURES” IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:

 

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

 

NOES – 0.

 

Amend as follows:

 

§ 410-13.4: APPOINTMENT AND REMOVAL OF MEMBERS

A.    ….. One member of the Commission may also be a City Council member. Appointed members of the Commission may include members of the City Council.

 

 

 

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

 

NOES - 0.

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET 1996, ENTITLED “ZONING” CHANGE IN THE RIVERFRONT COMMISSION RULES AND PROCEDURES, AS AMENDED.

 

 

 

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 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET 1996, ENTITLED “ZONING” (Text and Official Maps) – (USE TABLES- Restaurants/Entertainment)

 

 

 

 

UPON RECOMMENDATION OF THE LICENSE COMMITTEE, THE FOLLOWING AMENDMENT TO THE ORDINANCE ENTITLED “AN ORDINANCE IN AMENDMENT OF CHAPTER 302 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “PEDDLING AND SOLICITING” (Peddling/Mobile Food Vendor)”, IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:

 

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

 

NOES – 0.

 

Amend as follows:

 

§ 302-34.  Territorial Limits.

 

(2)  Not within 100 200 feet of any open brick and mortar restaurant.

 

 

 

THE CHAIR RECOGNIZES COUNCILOR RUDD.

 

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

 

The Clerk is instructed to send a communication to William E. Ankner, PhD, Director of Public Works, requesting that public works clean up the area around Bayley and Commerce Streets.  They noted weeds growing, storm drains need cleaning and the streets need sweeping.

 

 

THE CHAIR RECOGNIZES COUNCILOR RUDD.

 

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

 

the Clerk is instructed to send a communication to William E. Ankner, PhD, Director of Public Works, requesting to know which districts have had regular street sweeping this year and how many times they were swept.

 

 

 

THE CHAIR RECOGNIZES COUNCILOR MERCER.

 

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

 

The Clerk is instructed to send a communication to Frank J. Milos, Jr., City Solicitor, requesting a response to the communication sent to him at the June 21, 2017, meeting regarding the use of the Street Sweeping ordinance to ticket vehicles for parking on the streets on recycling days.

 

 

 

THE CHAIR RECOGNIZES COUNCILOR MERCER.

 

Upon motion made by Councilor Mercer, seconded by Councilor Tetreault, the following amendment to the ordinance entitled “AN ORDINANCE IN AMENDMENT OF CHAPTER 302 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “PEDDLING AND SOLICITING” (Peddling/Mobile Food Vendor)” is proposed and APPROVED on a roll call vote, as follows:

 

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

 

NOES – 0.

 

Amend the following:

§ 302-5. Issuance Fee.

B. The fee for the issuance of a license granted pursuant to this article shall be $250 $150 $125.... 

C. Upon proof by a commercial applicant to the City Clerk that he or she has an existing commercial situs located in the City of Pawtucket, then the fee for the issuance of the first license is $150 $125…

§ 302-30. Issuance Fee.

A.    The fee for the issuance of a license granted pursuant to this article shall be $250 $150 $125…

§ 302-39. Special event permit; fees.

1. A one-day special event peddler’s permit may be issued to persons, hawkers, peddlers, or mobile-food vendors as defined herein, not currently licensed, engaged in the sale of various products at special events, as recognized and approved by the City Council or at permitted parades. Application for said license shall be submitted to the City Clerk or his or her designee along with a fee of $50 $25 $50 per day….

3. Upon formal request by the event holder, the application fee may be reduced to a nominal fee and the licensing procedure under this article may be curtailed in order to promote a special event which the City Council finds will benefit the entire community. In exercising its discretion, the City Council shall consider such factors as the cultural, educational, artistic, humanistic, charitable, scientific, literary, historic and other benefits to the community of the special event.

 

 

 

UPON RECOMMENDATION OF THE LICENSE 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, Cano, Kallman, Mercer, Rudd, Tetreault, Vitali and Wildenhain.

 

NOES - 0.

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 302 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “PEDDLING AND SOLICITING” AS AMENDED.

 

 

THE FOLLOWING ORDINANCE IS TAKEN UP:

 

AN ORDINANCE REPEALING AND REPLACING THE SCHEDULE OF PAY RATES FOR LOCAL 1012 IN SECTION §88-12 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996.  (Customer Service Clerk)

 

 

THE CHAIR RECOGNIZES COUNCILOR BARRY.

 

Upon motion made by Councilor Barry, seconded by Councilor Tetreault, the following ordinance is POSTPONED UNTIL SEPTEMBER 6, 2017, on a unanimous voice vote:

 

AN ORDINANCE REPEALING AND REPLACING THE SCHEDULE OF PAY RATES FOR LOCAL 1012 IN SECTION §88-12 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996.  (Customer Service Clerk)

 

 

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 His Honor, Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council.  (Motor Vehicle Tax Information)

 

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

 

Communication from His Honor, Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council.  (Motor Vehicle Tax Information)

 

 

 

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.

 

Jeremy Devine - $300.00

Karen Kane Taylor - $266.17

Jimmy Allen by Amica Insurance - $5,463.47

Lucia Silva by Paragon Subrogation Services - $1,440.00

 

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:

 

Michael Krum – No Amount Specified

 

 

 

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:

 

Desirae Porter by Progressive Insurance – No Amount Specified

 

 

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE PAWTUCKET SCHOOL DEPARTMENT, ON A UNANIMOUS VOICE VOTE:

 

Carlos Chica, a minor by Basso Law, LLC – No Amount Specified

Jane Doe – No Amount Specified

 

 

 

Upon motion made by Councilor Wildenhain, seconded by the Entire City Council, the meeting is adjourned at 9:32 p.m. in memory of John R. “Jack” Kennedy.