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City Council, February 8, 2017

A regular session of the Pawtucket City Council is held Wednesday, February 8, 2017, at 8:22 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.

UPON UNANIMOUS CONSENT OF THE COUNCIL, THE COUNCIL TAKES UP THE FOLLOWING MATTER AT THIS TIME:

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

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

NOES – President Moran.

588 RESOLUTION OPPOSING THE SITING OF THE CLEAR RIVER ENERGY CENTER IN BURRILLVILLE, RI

THE COUNCIL RECESSES AT 8:36 P.M. TO CONDUCT THE BOARD OF LICENSE COMMISSIONERS MEETING.

THE COUNCIL RECONVENES AT 8:44 P.M.

The reading of the records of January 25, 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:

613	A. Communication from Joanna L’Heureux, Finance Director, to Honorable Members of the Pawtucket City Council. (Report of Vehicle Assignment and Usages)

028	B. Communication from John F. Pacheco, III, President, Burrillville Town Council, to the Honorable David P. Moran. (Opposition to the Siting of the Clear River Energy Center Power Plant in Burrillville, RI)

611	C. Communication from Jeannine S. Bourski, Deputy Finance Director, to the Honorable Members of the Pawtucket City Council (Uniform Overtime FY17)

7	D. Various Forms & Statements from Rhode Island Infrastructure Bank.

061	E. 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 December 31, 2016)

589	G. Communication from His Honor, Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council. (Reappointment of Directors)

590	H. Communication from His Honor, Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council. (Façade Improvement Program)

590	I. Communication from Dylan Zelazo, Chief of Staff, to Richard J. Goldstein, MMC, City Clerk and Mayor Donald R. Grebien. (Thank You Regarding Microsoft-Pawtucket Alliance)

636	J. Annual Report of Tax Stabilization Agreements for Year Ending December 31, 2016 from Robert Burns, Tax Assessor and Susan Mara, Acting Director of Planning and Redevelopment

616	K. Communication from Michael E. Burns, Traffic Engineering Supervisor, to the Honorable Members of the Pawtucket City Council. (Response – Parking on Oneida Street)

617	L. Communication from Cynthia McCarthy, Chief Community Liaison Officer, Rhode Island Department of Transportation, to Richard J. Goldstein, MMC, City Clerk. (Response – Street and Bridge Work Notice)

	M. Communication from Robert W. Burns, Tax Assessor, to the Finance Committee. (Request from Nulco Lofts LLC, 30 Beecher St. Plat 45 Lots 444 and 445 for a 10 Year Tax Stabilization) IS REFERRED TO THE FINANCE COMMITTEE

	N. Communication from Henry S. Kinch, Jr., to the Honorable John J. Barry, III, Chairman, City Council Finance Committee. (Public Safety Director) IS REFERRED TO THE FINANCE COMMITTEE AND AD HOC COMMITTEE ON PUBLIC SAFETY.

	O. AN ORDINANCE ADOPTING THE 2017 COMPREHENSIVE PLAN AND REPEALING CHAPTER 2958 OF THE ORDINANCES OF THE CITY OF PAWTUCKET AND ANY AMENDMENTS THERETO IN THEIR ENTIRETY – RETURNED BY THE ORDINANCE COMMITTEE WITH THE RECOMMENDATION OF A PUBLIC HEARING SET FOR FEBRUARY 22, 2017.

	P. THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS: Arc of Blackstone Valley - $2,187.85 Deb Carreiro – Estimate $150.00/$200.00 Norman Clark - $182.76 Susan Vartian by Christine M. Curley, Esq. - $25,000.00 Filomena Vaz - $258.48

611	F. Communication from Joanna L’Heureux, Director of Finance, to the Honorable Members of the Pawtucket City Council. (Actuary Valuation 2016) is READ AND ORDERED FILED.

THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.

Upon motion made by Councilor Wildenhain, seconded by Councilors Barry and Mercer, the above communication is REFERRED TO THE FINANCE COMMITTEE on a unanimous voice vote.

UPON UNANIMOUS CONSENT OF THE COUNCIL, THE COUNCIL TAKES UP THE FOLLOWING AT THIS TIME:

ELECTION OF CITY OFFICERS:

JUDGE OF PROBATE (2-YEAR TERM)

THE CHAIR RECOGNIZES COUNCILOR BARRY.

Upon motion made by Councilor Barry, seconded by Councilors Cano and Wildenhain, the name of CRISTINE L. MCBURNEY is placed in nomination to serve as the Judge of Probate.

With no other nominations offered, CRISTINE L. MCBURNEY IS ELECTED JUDGE OF PROBATE (Two Year Term) on a roll call vote, as follows:

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

NOES - 0.

CITY SERGEANT (2-YEAR TERM)

THE CHAIR RECOGNIZES COUNCILOR TETREAULT.

Upon motion made by Councilor Tetreault, seconded by Councilors Cano, Wildenhain and Mercer, the name of AMA AMPONSAH is placed in nomination to serve as the City Sergeant.

With no other nominations offered, AMA AMPONSAH IS ELECTED CITY SERGEANT (Two Year Term) on a roll call vote, as follows:

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

NOES - 0.

SEALER OF WEIGHTS AND MEASURES (2-YEAR TERM)

THE CHAIR RECOGNIZES COUNCILOR TETREAULT.

Upon motion made by Councilor Tetreault, seconded by Councilors Kallman and Rudd, the name of JEREMY BATISTA is placed in nomination to serve as the Sealer of Weights and Measures.

With no other nominations offered, JEREMY BATISTA IS ELECTED SEALER OF WEIGHTS AND MEASURES (Two Year Term) on a roll call vote, as follows:

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

NOES - 0.

UPON UNANIMOUS CONSENT OF THE COUNCIL, THE COUNCIL TAKES UP THE FOLLOWING AT THIS TIME:

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

CITY SOLICITOR

Frank J. Milos, Jr. 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, Cano, Kallman, Mercer, Rudd, Tetreault, Vitali and Wildenhain.

NOES - 0.

CITY SOLICITOR

Frank J. Milos, Jr

THE CHAIR RECOGNIZES COUNCILOR CANO.

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

The Clerk is instructed to send a communication to His Honor, Mayor Donald R. Grebien, and to Jan A. Brodie, Executive Director, Pawtucket Foundation, regarding the implementation of a Restaurant Week in Pawtucket. The council is requesting that both the administration and the Foundation designate someone to work with Councilor Cano on vetting, planning and implementing this idea. Councilor Cano is also seeking volunteers to work on this project.

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

ADVISORY COMMISSION FOR ARTS AND CULTURE

589 Ricardo Pimental, 204 Downing Drive, Attleboro, MA 02703. Term expires the first Monday in October 2017 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, Cano, Kallman, Mercer, Rudd, Tetreault, Vitali and Wildenhain.

NOES - 0.

ADVISORY COMMISSION FOR ARTS AND CULTURE

Ricardo Pimental, 204 Downing Drive, Attleboro, MA 02703. Term expires the first Monday in October 2017.

THE CHAIR RECOGNIZES COUNCILOR VITALI.

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

The Clerk is instructed to send a communication to Antonio J. Pires, Director of Administration; Paul King, Chief of Police; and William Sisson, Fire Chief, asking if the city has policies or procedures or training programs for dealing with adults with psychological disabilities during police and fire calls.

THE CHAIR RECOGNIZES COUNCILOR VITALI.

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

The Clerk is instructed to send a communication to Susan Mara, Acting Director, Planning & Redevelopment, requesting if the city's comprehensive plan and zoning ordinances allow for a ballpark at the current Apex property. If not, they want to know what the council needs to do.

THE CHAIR RECOGNIZES COUNCILOR VITALI.

With majority consent of the Council, the following motion made by Councilor Vitali, seconded by Councilor Cano, 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 set up a radar detail for a week during the morning commute on Rice Street, coming over the bridge from Massachusetts. The council is requesting a report after completion of the week.

Communication from His Honor, Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council, submitting the following appointment as a member of the Juvenile Hearing Board, for CONFIRMATION:

JUVENILE HEARING BOARD

589 Crisolita Figueiredo, 59 Madison Street, Pawtucket, RI 02861. Term expires the first Monday in December 2020 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, Cano, Kallman, Mercer, Rudd, Tetreault, Vitali and Wildenhain.

NOES - 0.

JUVENILE HEARING BOARD

Crisolita Figueiredo, 59 Madison Street, Pawtucket, RI 02861. Term expires the first Monday in December 2020.

THE CHAIR RECOGNIZES COUNCILOR RUDD.

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

The Clerk is instructed to send a communication to Joanna L’Heureux, Director of Finance, requesting monthly reports on the accident mitigation revenues from the Dawson Group.

This may be done through monthly reports to the council at the first council meeting each month or by having the mitigation revenues separated out from the rescue revenues so that it shows up in its own line item in the monthly Status of Appropriations.

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 His Honor, Mayor Donald R. Grebien, and Patricia DiCenzo, Superintendent of Schools, requesting information on when the walkthrough at Bishop Keough HS will be held. Councilor Rudd is hearing the concerns of parents of Nathanael Greene students, especially the young students.

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 His Honor, Mayor Donald R. Grebien, requesting that someone appear at a Pre-council meeting on February 22, to discuss the GPS pilot program.

JUVENILE HEARING BOARD

589 John McNichols, Sr., 117 West Lawn Avenue, Pawtucket, RI 02860. Term expires the first Monday in December 2020 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, Cano, Kallman, Mercer, Rudd, Tetreault, Vitali and Wildenhain.

NOES - 0.

JUVENILE HEARING BOARD

John McNichols, Sr., 117 West Lawn Avenue, Pawtucket, RI 02860. Term expires the first Monday in December 2020.

JUVENILE HEARING BOARD

589 Luis J. Fortes, 860 Main Street, Pawtucket, RI 02860. Term expires the first Monday in December 2020 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, Cano, Kallman, Mercer, Rudd, Tetreault, Vitali and Wildenhain.

NOES - 0.

JUVENILE HEARING BOARD

Luis J. Fortes, 860 Main Street, Pawtucket, RI 02860. Term expires the first Monday in December 2020.

JUVENILE HEARING BOARD

589 Robert Gubala, 128 Rhode Island Avenue, Pawtucket, RI 02860. Term expires the first Monday in December 2020 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, Cano, Kallman, Mercer, Rudd, Tetreault, Vitali and Wildenhain.

NOES - 0.

JUVENILE HEARING BOARD

Robert Gubala, 128 Rhode Island Avenue, Pawtucket, RI 02860. Term expires the first Monday in December 2020.

JUVENILE HEARING BOARD

589 Maribel Echeverry, 87 Varnum Avenue, Pawtucket, RI 02860. Term expires the first Monday in December 2020 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, Cano, Kallman, Mercer, Rudd, Tetreault, Vitali and Wildenhain.

NOES - 0.

JUVENILE HEARING BOARD

Maribel Echeverry, 87 Varnum Avenue, Pawtucket, RI 02860. Term expires the first Monday in December 2020.

UPON UNANIMOUS CONSENT OF THE COUNCIL, THE COUNCIL TAKES UP THE FOLLOWING MATTER AT THIS TIME:

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.

Ida Fernandes - $300.00

Cremilda Daluz - $99.00

Heather Grogan - $1,500.00

John Microulis - $80.00

David Phillips – $500.00

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:

Elizabeth A. Barros by Robert Levine, Esq. – No Amount Specified

David Denda by Richard C. Tallo, Esq. – No Amount Specified

Christopher Pina by Robert J. Levine, Esq. – No Amount Specified

Mayra Villegas by LaPlante Sowa Goldman – No Amount Specified

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.

Jane Andrade – Pending Estimates

Daniel Vincent - $318.95

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS DENIED AND REFERRED TO THE PAWTUCKET WATER SUPPLY BOARD, ON A ROLL CALL VOTE, AS FOLLOWS:

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

NOES - 0.

Alfred Vanasse - $80.00

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS DENIED AND REFERRED TO THE PAWTUCKET SCHOOL DEPARTMENT, ON A ROLL CALL VOTE, AS FOLLOWS:

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

NOES - 0.

Isabelle Tremblay by Richard J. Savage, Esq. - $100,000.00

COUNCILOR CANO LEAVES THE CHAMBERS AT 9:40 P.M.

Communication from His Honor, Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council, submitting the following reappointment as a member of the Historic District Commission, for CONFIRMATION:

HISTORIC DISTRICT COMMISSION

589 Carol A. Jackson, 8 Blodgett Avenue, Pawtucket, RI 02860. Term expires the first Monday in February 2020 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, Kallman, Mercer, Rudd, Tetreault, Vitali and Wildenhain.

NOES - 0.

HISTORIC DISTRICT COMMISSION

Carol A. Jackson, 8 Blodgett Avenue, Pawtucket, RI 02860. Term expires the first Monday in February 2020.

HISTORIC DISTRICT COMMISSION

589 W. Bruce Tillinghast, 221 High Street, Pawtucket, RI 02860. Term expires the first Monday in February 2020 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, Kallman, Mercer, Rudd, Tetreault, Vitali and Wildenhain.

NOES - 0.

HISTORIC DISTRICT COMMISSION

W. Bruce Tillinghast, 221 High Street, Pawtucket, RI 02860. Term expires the first Monday in February 2020.

HISTORIC DISTRICT COMMISSION

589 Paul C. Mowrey, 5 Lowden Street, Pawtucket, RI 02860. Term expires the first Monday in February 2020 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, Kallman, Mercer, Rudd, Tetreault, Vitali and Wildenhain.

NOES - 0.

HISTORIC DISTRICT COMMISSION

Paul C. Mowrey, 5 Lowden Street, Pawtucket, RI 02860. Term expires the first Monday in February 2020.

Communication from His Honor, Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council, submitting the following reappointment as a member of the Juvenile Hearing Board, for CONFIRMATION:

JUVENILE HEARING BOARD

589 Carol Osso, 1 Kelton Street, Pawtucket, RI 02860. Term expires the first Monday in December 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, Kallman, Mercer, Rudd, Tetreault, Vitali and Wildenhain.

NOES - 0.

JUVENILE HEARING BOARD

Carol Osso, 1 Kelton Street, Pawtucket, RI 02860. Term expires the first Monday in December 2019.

UPON THE 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.

588 RESOLUTION ADOPTING A FUND BALANCE POLICY

UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME, AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:

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

NOES - 0.

AN ORDINANCE IN AMENDMENT OF CHAPTER 40 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “FUNDS” (Repeal of Discontinued Funds)

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 Mercer, is PASSED on a unanimous voice vote:

The Clerk is instructed to send a communication to Darin Early, President, RI Commerce Corporation, expressing the Council’s continuing strong support for the Peregrine Group’s proposed mix-use development project at 45 Division Street and requesting any assistance that may be provided to find a major commercial tenant for this project.

Upon motion made by Councilor Mercer, seconded by Councilor Barry, the meeting is adjourned at 9:46 p.m.