City Council, June 7, 2017

 

A regular session of the Pawtucket City Council is held Wednesday, June 7, 2017, at 7:18 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 COUNCIL RECESSES IMMEDIATELY TO CONDUCT A PUBLIC HEARING ON THE FOLLOWING:

 

RESOLUTION AUTHORIZING A TEN (10) YEAR REAL ESTATE TAX STABILIZATION AGREEMENT WITH NULCO LOFTS, LLC, FOR THE REAL ESTATE LOCATED AT 30 BEECHER STREET, PAWTUCKET, RI (AP45 L444 & L445)

 

THE COUNCIL RECONVENES AT 7:29

 

 

The reading of the records of May 24, 2017 and May 30, 2017, are 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:

 

	061			A.    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 April 30, 2017)
	611			B.     Communication from Jeannine S. Bourski, Deputy Finance Director, to His Honor, Mayor Donald R. Grebien.  (Uniform Overtime FY17)
	630			C.     Communication from Robert W. Burns, Tax Assessor, to the Honorable Members of the Pawtucket City Council.  (Tax Abatements for January, February and March, 2017, in the total amount of $86,786.37)
				D.    RESOLUTION AUTHORIZING THE ABATEMENT OF TAXES ON AUTOMOBILES, REAL ESTATE, AND TANGIBLE PERSONAL PROPERTY IN THE TOTAL AMOUNT OF $86,786.37 FOR JANUARY, FEBRUARY AND MARCH, 2017 – IS LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE.
	611			E.     Communication from Joanna L’Heureux, Director of Finance, to Council President David P. Moran.  (Police and Fire Investment Portfolio Diversification)
				F.      RESOLUTION AUTHORIZING THE DIVERSIFICATION OF THE POLICE AND FIRE PORTFOLIO BY INVESTING $5,000,000 TO LAZARD ASSET MANAGEMENT AND $10,000,000 TO BAHL & GAYNOR INVESTMENT BY TRANSFERRING THESE MONIES FROM THE CURRENT INVESTMENT WITH HUTCHENS – IS LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE.
			G.    AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ZONING” CHANGE IN OFFICIAL ZONING MAP (MBRD Overlay - 541 PAWTUCKET AVENUE – AP63A L740) – THE ORDINANCE COMMITTEE RETURNS THE FOLLOWING WITH THE RECOMMENDATION OF A PUBLIC HEARING ON JULY 5, 2017.
			H.    AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ZONING” CHANGE IN OFFICIAL ZONING MAP (MBRD Overlay - 881 MAIN ST – AP57 L520) – THE ORDINANCE COMMITTEE RETURNS THE FOLLOWING WITH THE RECOMMENDATION OF A PUBLIC HEARING ON JULY 5, 2017.
			I.          THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY TO BE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS: Dimentra Nettles - $106.00

 

UPON UNANIMOUS CONSENT OF THE COUNCIL, THE FOLLOWING ORDINANCE, WHICH IS RETURNED BY THE ORDINANCE COMMITTEE WITHOUT A RECOMMENDATION, IS TAKEN UP AT THIS TIME:

 

AN ORDINANCE ESTABLISHING CHAPTER 169 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “CLOSED CAPTIONING”

 

THE CHAIR RECOGNIZES COUNCILOR BARRY.

 

Upon motion made by Councilor Barry, seconded by Councilor Cano, the following amendment to the above entitled ordinance is introduced:

 

SECTION 2.  This ordinance shall take effect 30 days after final passage on September 1, 2017.

 

Upon motion made by Councilor Barry, seconded by Councilor Cano, the following amendment is APPROVED on a roll call vote, as follows:

 

AYES – Councilors Barry, Cano, Kallman, Rudd, and Vitali.

 

NOES - President Moran, Councilors Mercer, Tetreault, and Wildenhain.

 

 

THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME, AS AMENDED, AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:

 

AYES – Councilors Barry, Cano, Kallman, Rudd, and Vitali.

 

NOES - President Moran, Councilors Mercer, Tetreault, and Wildenhain.

 

AN ORDINANCE ESTABLISHING CHAPTER 169 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “CLOSED CAPTIONING” AS AMENDED.

 

 

590   Communication from His Honor, Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council.  (Veto of Line Item Modifications to the Annual Operating Budget FY2017-2018) is READ AND ORDERED FILED

 

 

 

PURSUANT TO §2-203 OF THE CHARTER OF THE CITY OF PAWTUCKET, THE FOLLOWING LINE ITEM MODIFICATION IN THE ANNUAL OPERATING BUDGET FY2017-2018 WAS VETOED BY THE MAYOR AND IS OVERRIDDEN ON A ROLL CALL VOTE, AS FOLLOWS:

 

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

 

NOES – 0.

 

EXPENDITURE -

DECREASE IN PERSONNEL SERVICES

            Personnel Salaries & Benefits                         $43,060

   (Intern Program)

 

 

 

PURSUANT TO §2-203 OF THE CHARTER OF THE CITY OF PAWTUCKET, THE FOLLOWING LINE ITEM MODIFICATION IN THE ANNUAL OPERATING BUDGET FY2017-2018 WAS VETOED BY THE MAYOR AND IS OVERRIDDEN ON A ROLL CALL VOTE, AS FOLLOWS:

 

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

 

NOES – Councilors Cano and Vitali.

 

EXPENDITURE -

DECREASE IN PERSONNEL SERVICES

            Emergency Mgmt Salaries & Benefits            $50,886

   (EMA Volunteer Coord-Logistics)

 

 

 

PURSUANT TO §2-203 OF THE CHARTER OF THE CITY OF PAWTUCKET, THE FOLLOWING LINE ITEM MODIFICATION IN THE ANNUAL OPERATING BUDGET FY2017-2018 WAS VETOED BY THE MAYOR AND IS OVERRIDDEN ON A ROLL CALL VOTE, AS FOLLOWS:

 

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

 

NOES – 0.

 

EXPENDITURE -

DECREASE IN PERSONNEL SERVICES

            Emergency Mgmt Salaries & Benefits            $50,945

   (EMA Administrative Secretary)

 

 

THE CHAIR RECOGNIZES COUNCILOR BARRY.

 

Upon motion made by Councilor Barry, seconded by Councilor Wildenhain, the agenda is amended to include the following resolution, on a unanimous voice vote:

 

RESOLUTION AUTHORIZING THE ADOPTION OF THE TRUST OPEB FUNDING PROGRAM

 

Upon motion made by Councilor Barry, seconded by Councilor Wildenhain, the following resolution is REFERRED TO THE FINANCE COMMITTEE on a unanimous voice vote:

 

RESOLUTION AUTHORIZING THE ADOPTION OF THE TRUST OPEB FUNDING PROGRAM

 

 

PURSUANT TO §2-203 OF THE CHARTER OF THE CITY OF PAWTUCKET, THE FOLLOWING LINE ITEM MODIFICATION IN THE ANNUAL OPERATING BUDGET FY2017-2018 WAS VETOED BY THE MAYOR AND IS SUSTAINED ON A ROLL CALL VOTE, AS FOLLOWS:

 

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

 

NOES – Councilors Cano, Kallman, and Vitali.

 

EXPENDITURE -

DECREASE IN PERSONNEL SERVICES

            PS Communications Salaries & Benefits        $55,802

   (Communication Relations Specialist)

 

 

PURSUANT TO §2-203 OF THE CHARTER OF THE CITY OF PAWTUCKET, THE FOLLOWING LINE ITEM MODIFICATION IN THE ANNUAL OPERATING BUDGET FY2017-2018 WAS VETOED BY THE MAYOR AND IS OVERRIDDEN ON A ROLL CALL VOTE, AS FOLLOWS:

 

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

 

NOES – Councilors Cano and Vitali.

 

EXPENDITURE -

DECREASE IN PERSONNEL SERVICES

            PS Communications Salaries & Benefits        $141,809

   (Public Safety Director)

 

 

PURSUANT TO §2-203 OF THE CHARTER OF THE CITY OF PAWTUCKET, THE FOLLOWING LINE ITEM MODIFICATION IN THE ANNUAL OPERATING BUDGET FY2017-2018 WAS VETOED BY THE MAYOR AND IS OVERRIDDEN ON A ROLL CALL VOTE, AS FOLLOWS:

 

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

 

NOES – 0.

 

EXPENDITURE -

DECREASE IN OTHER FINANCING USES

            City Council Other Financing Uses                $5,000

   (Participatory Budgeting)

 

 

PURSUANT TO §2-203 OF THE CHARTER OF THE CITY OF PAWTUCKET, THE FOLLOWING LINE ITEM MODIFICATION IN THE ANNUAL OPERATING BUDGET FY2017-2018 WAS VETOED BY THE MAYOR AND IS SUSTAINED ON A ROLL CALL VOTE, AS FOLLOWS:

 

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

 

NOES – Councilors Cano, Kallman and Vitali.

 

EXPENDITURE -

DECREASE IN OTHER FINANCING USES

            City Council Other Financing Uses                $2,500

   (Gun Buyback)

 

 

 

 

UPON UNANIMOUS CONSENT OF THE COUNCIL, THE FOLLOWING LINE ITEM MODIFICATION IN THE ANNUAL OPERATING BUDGET FY2017-2018, WHICH WAS VETOED BY THE MAYOR, IS LAID ON THE TABLE UNTIL AFTER ALL OTHER VETOED BUDGET LINE ITEM MODIFICATIONS ARE TAKEN UP:  

 

REVENUE -

DECREASE TO PROPERTY TAXES

            Current Real Estate 2017                                $402,638

 

 

 

PURSUANT TO §2-203 OF THE CHARTER OF THE CITY OF PAWTUCKET, THE FOLLOWING LINE ITEM MODIFICATION IN THE ANNUAL OPERATING BUDGET FY2017-2018 WAS VETOED BY THE MAYOR AND IS OVERRIDDEN ON A ROLL CALL VOTE, AS FOLLOWS:

 

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

 

NOES – 0.

 

REVENUE -

INCREASE TO INTEREST

            Real Estate Interest                             $20,000

 

 

 

 

PURSUANT TO §2-203 OF THE CHARTER OF THE CITY OF PAWTUCKET, THE FOLLOWING LINE ITEM MODIFICATION IN THE ANNUAL OPERATING BUDGET FY2017-2018 WAS VETOED BY THE MAYOR AND IS OVERRIDDEN ON A ROLL CALL VOTE, AS FOLLOWS:

 

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

 

NOES – 0.

 

REVENUE -

INCREASE TO INTEREST

            Bank Investment Interest                               $20,000

 

 

PURSUANT TO §2-203 OF THE CHARTER OF THE CITY OF PAWTUCKET, THE FOLLOWING LINE ITEM MODIFICATION IN THE ANNUAL OPERATING BUDGET FY2017-2018 WAS VETOED BY THE MAYOR AND IS OVERRIDDEN ON A ROLL CALL VOTE, AS FOLLOWS:

 

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

 

NOES – 0.

 

REVENUE -

DECREASE TO INTERGOVERNMENTAL

            Emergency Mgmt Agency                              $12,363

 

 

 

THE COUNCIL RECESSES AT 9:19 P.M.

 

THE COUNCIL RECONVENES AT 9:26 P.M.

 

 

THE CHAIR RECOGNIZES COUNCILOR KALLMAN.

 

Upon motion made by Councilor Kallman, seconded by Councilors Cano and Vitali, the following matter is RECONSIDERED on a roll call vote, as follows:

 

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

 

Noes – 0.

 

RECONSIDERATION OF EXPENDITURE -

DECREASE IN PERSONNEL SERVICES

            PS Communications Salaries & Benefits        $55,802

   (Communication Relations Specialist)

 

 

 

 

THE FOLLOWING LINE ITEM, WHICH WAS VETOED BY THE MAYOR, IS RECONSIDERED AND THE VETO IS OVERRIDDEN ON A ROLL CALL VOTE, AS FOLLOWS:

 

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

 

NOES – 0.

 

EXPENDITURE -

DECREASE IN PERSONNEL SERVICES

            PS Communications Salaries & Benefits        $55,802

   (Communication Relations Specialist)

 

 

THE CHAIR RECOGNIZES COUNCILOR VITALI.

 

Upon motion made by Councilor Vitali, seconded by Councilor Cano, the following matter is RECONSIDERED on a roll call vote, as follows:

 

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

 

Noes – 0.

 

EXPENDITURE -

DECREASE IN OTHER FINANCING USES

            City Council Other Financing Uses                $2,500

   (Gun Buyback)

 

 

THE FOLLOWING LINE ITEM, WHICH WAS VETOED BY THE MAYOR, IS RECONSIDERED AND THE VETO IS OVERRIDDEN ON A ROLL CALL VOTE, AS FOLLOWS:

 

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

 

Noes – 0.

 

EXPENDITURE -

DECREASE IN OTHER FINANCING USES

            City Council Other Financing Uses                $2,500

   (Gun Buyback)

 

 

 

 

PURSUANT TO §2-203 OF THE CHARTER OF THE CITY OF PAWTUCKET, THE FOLLOWING LINE ITEM MODIFICATION IN THE ANNUAL OPERATING BUDGET FY2017-2018 WAS VETOED BY THE MAYOR AND IS SUSTAINED ON A ROLL CALL VOTE, AS FOLLOWS:

 

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

 

NOES -- Councilors Cano, Kallman and Vitali.

 

REVENUE -

DECREASE TO PROPERTY TAXES

            Current Real Estate 2017                                $402,638

 

 

 

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

 

NOES - 0.

 

636   RESOLUTION AUTHORIZING A TEN (10) YEAR REAL ESTATE TAX STABILIZATION AGREEMENT WITH NULCO LOFTS, LLC, FOR THE REAL ESTATE LOCATED AT 30 BEECHER STREET, PAWTUCKET, RI (AP45 L444 & L445)

 

 

 

COUNCILOR RUDD LEAVES THE CHAMBERS AT 9:36 P.M.

 

 

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, Tetreault, Vitali and Wildenhain.

 

NOES - 0.

 

588   RESOLUTION AUTHORIZING THE TRANSFER OF A PORTION OF PLAT 48 LOT 22 LOCATED ON PEGGY DRIVE IN CUMBERLAND, RI TO THE TOWN OF CUMBERLAND, RI.

 

 

 

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, Tetreault, Vitali and Wildenhain.

 

NOES - 0.

 

588   RESOLUTION AUTHORIZING THE TRANSFER A PORTION OF PLAT 62 LOT 309 LOCATED ON MOSHASSUCK STREET TO TUKEK HOLDING ANONIM SIRKETI.

 

 

 

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

 

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

 

NOES - 0.

 

588   RESOLUTION PROCLAIMING JUNE, 2017 AS MEN’S HEALTH MONTH.

 

 

 

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, Tetreault, Vitali and Wildenhain.

 

NOES - 0.

 

Roberto Couto - $190.96

Allan Johnson - $151.00

Antonio Koslowski - $127.04

Zamir Matos - $300.00

Susan Demty - $300.00

Angel Ruiz Santos - $2,477.51

Lucia Silva by Paragon Subrogation Services - $8,329.70

 

 

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:

 

Desirae Porter by Abrams & Verri Attorneys – No Amount Specified

Doris Valentini by Mark A. Fay, Esq. - $150,000.00

Michael Carvalho by Rob Levine, Esq., - No Amount Specified

 

 

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:

 

Jimmy Allen by Amica Insurance - $7,284.62 + 580.00 = $7,864.62 (Revised)

 

 

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, Tetreault, Vitali and Wildenhain.

 

NOES - 0.

 

Mandy LeComte - $154.03

Cristina Santos - $383.42

Kelly Turcotte - $274.70

Josh Zajdel - $1,447.04 – claim 1

Josh Zajdel - $1,447.04 – claim 2

 

 

THE CHAIR RECOGNIZES COUNCILOR KALLMAN.

 

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

 

The Clerk is instructed to send a communication to His Honor, Mayor Donald R. Grebien, regarding two votes taken on his line item vetoes. First was the vote to override his veto on cutting the funds for the public safety director.  Second was the failure to override his veto on cutting $402,638 in revenues from the budget.  Although the $402,638 was put back into the FY’2018 budget, the council is requesting that he respect their decision on the public safety director by not using any of the additional revenues to fund the safety director position.

 

 

THE CHAIR RECOGNIZES COUNCILOR MERCER.

 

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

 

The Clerk is instructed to send a communication to Tina Goncalves, Acting Police Chief and William E. Ankner, PhD, Director of Public Works, requesting that they attend a pre-council session at the next council meeting on June 21, 2017, regarding issues with the no parking policy during street sweeping/recycling pick-up days.  This comes from a resident complaining at Public Input Period about getting a ticket for not moving her car even though she stated that they had moved their car up on the grass and off the road. 

 

 

Upon motion made by Councilor Barry, seconded by Councilor Wildenhain the meeting is adjourned at 9:45 p.m.