City Council, June 21, 2017

 

 

A regular session of the Pawtucket City Council is held Wednesday, June 21, 2017, at 8:20 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:

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 3124 OF THE ORDINANCES OF THE CITY OF PAWTUCKET, RHODE ISLAND, AMENDING THE 2017 COMPREHENSIVE PLAN. (1091 & 1093 Central Ave – AP13 L274 & L270 – RS TO CG)

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET 1996, ENTITLED “ZONING” (Official Map 1091 & 1093 Central Ave – AP13 L274 & L270 – RS TO CG)

 

THE COUNCIL RECONVENES AT 8:29 P.M.

 

 

 

The reading of the records of June 7, 2017, is dispensed with and the records are APPROVED as prepared by the Clerk.

 

 

 

UPON UNANIMOUS CONSENT OF THE COUNCIL, THE FOLLOWING RESOLUTION IS TAKEN UP AT THIS TIME AND 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 AMENDING THE RESOLUTION ENTITLED “RESOLUTION AUTHORIZING THE TRANSFER OF A PORTION OF PLAT 62 LOT 309 LOCATED ON MOSHASSUCK STREET TO TUKEK HOLDING ANONIM SIRKETI”

 

 

 

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

 

NOES - 0.

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 3124 OF THE ORDINANCES OF THE CITY OF PAWTUCKET, RHODE ISLAND, AMENDING THE 2017 COMPREHENSIVE PLAN. (1091 & 1093 Central Ave – AP13 L274 & L270 – RS TO CG)

 

 

UPON UNANIMOUS CONSENT OF THE COUNCIL, THE FOLLOWING ORDINANCE, WHICH WAS RETURNED BY THE ORDINANCE COMMITTEE WITHOUT A RECOMMENDATION, IS TAKEN UP AT THIS TIME AND 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” (Official Map 1091 & 1093 Central Ave – AP13 L274 & L270 – RS TO CG)

 

 

 

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

 

 

*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:

 

028		A.    Communication from Kevin P. McGovern, Exeter Council President, to the Honorable Gina M. Raimondo, Governor, State of Rhode Island. (Opposing 2017-H6172: An Act Relating to Agriculture and Forestry – Right to Farm)
590		B.     Communication from His Honor, Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council.  (Delay in the Mailing of the Motor Vehicle Tax Bills)
592		D.    Communication from Susan Mara, Acting Director, Planning & Redevelopment, to the Honorable Members of the Pawtucket City Council.  (Response:  Ordinance Amendments)
		E.     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 LAID ON THE TABLE AND REFERRED TO THE LICENSE COMMITTEE.
623		F.      Communication from Don Zimmerman, Director of Human Resources, to the Honorable Members of the Pawtucket City Council.  (Pawtucket Lodge No. 4 Fraternal Order of Police Contract and Pay Plan)
		G.    Collective Bargaining Agreement by and between the City of Pawtucket and Pawtucket Lodge No. 4 Fraternal Order of Police for 2017-2020 - IS REFERRED TO THE FINANCE COMMITTEE.
		H.    AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET FOR UNIFORM MEMBERS OF THE POLICE AND REPEALING CHAPTER 3109 IN ITS ENTIRETY JULY 1, 2017 – JUNE 30, 2020 – IS LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE.
	I.       THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY IS REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS: Carol Agostini - $1,630.00/$3,138.46 Jane Doe – No Amount Specified Shinell Graham - $127.34 Frederick G. Issa, Jr. - $843.23 Eva Ligeri - $153.17 Jared Pedro - $178.32 Lucia Silva by Paragon Subrogation Services - $1,440.00 (Rental – Claim 2) Nancy Thurley - $119.95

 

 

THE CHAIR RECOGNIZES COUNCILOR MERCER.

 

Upon motion made by Councilor Mercer, seconded by Councilor Rudd, the agenda is amended to include the following ordinance on a unanimous voice vote:

 

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 motion made by Councilor Mercer, seconded by Councilor Rudd, the following ordinance is LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE, on a unanimous voice vote:

 

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 CHAIR RECOGNIZES COUNCILOR MERCER.

 

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

 

The Clerk is instructed to send a communication to Frank J. Milos, Jr., City Solicitor, asking if the City is on solid ground by using the Street Sweeping ordinance to ticket vehicles for the parking on the streets on recycling days.   The council is also requesting that he work with the department of public works, and the council’s public works and ordinance committees to prepare an ordinance prohibiting parking during recycling pick-up, but one that will prohibit parking for less than eight hours per day.

 

 

 

590	C.     Communication from His Honor, Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council.  (Response:  Public Safety Director) is READ AND ORDERED FILED.

 

THE CHAIR RECOGNIZES COUNCILOR MERCER.

 

With majority consent of the Council, the following motion made by Councilor Mercer, seconded by Councilors Barry and Tetreault, is APPROVED on a roll call vote, as follows

 

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

 

NOES – 0.

 

 

 

The Clerk is instructed to send a communication to His Honor, Mayor Donald R. Grebien and Joanna L’Heureux, Director of Finance, to ask that they confirm that they will be assigning the $402,638 of excess budget revenues to the Reserve Fund and that they will not use this money from the reserve fund without Council approval.

 

 

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

 

RIVERFRONT COMMISSION

 

589   Tucker Densley, 190 Exchange Street, Pawtucket, RI.  Term expires the first Monday in June, 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.

RIVERFRONT COMMISSION

 

Tucker Densley, 190 Exchange Street, Pawtucket, RI.  Term expires the first Monday in June, 2020.

 

 

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 send a communication to Juan Lazaro d/b/a Dominican Supermarket 341 Weeden Street, requesting that he attend an Informal Hearing on July 5, 2017, to discuss a number of environmental violations at his establishment, including issues with an overflowing dumpster, oil spillage, rats, and others.

 

 

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 Patti DiCenso, Superintendent of Schools, and Gerard Charbonneau, School Committee Chair, requesting that they attend a Pre-Council session of the Pawtucket City Council to be held on July 5, 2017 at approximately 6:30 p.m. to discuss the School Lunch Program.

 

 

 

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 Frank J. Milos, Jr., City Solicitor, requesting a legal opinion on what formal role the Council may have on school lunch program issues.

 

 

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

 

RIVERFRONT COMMISSION

 

589   Janice McHale, 20 Maryland Avenue, Pawtucket, RI.  Term expires the first Monday in June, 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.

RIVERFRONT COMMISSION

 

Janice McHale, 20 Maryland Avenue, Pawtucket, RI.  Term expires the first Monday in June, 2020.

 

 

 

592   Communication from Susan Mara, Acting Director, Planning & Redevelopment, to the Honorable Members of the Pawtucket City Council.  (Land Conveyance – 94 Moshassuck Street) is READ AND ORDERED FILED.

 

 

 

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.

 

033   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

 

 

 

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.

 

588      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.

 

 

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.

 

335   RESOLUTION AUTHORIZING THE CITY OF PAWTUCKET TO ISSUE NOT MORE THAN $24,000,000 GENERAL OBLIGATION BONDS, NOTES AND OTHER EVIDENCES OF INDEBTEDNESS TO FINANCE THE CONSTRUCTION, RENOVATION, IMPROVEMENT, ALTERATION, REPAIR, FURNISHING AND EQUIPPING OF SCHOOLS AND SCHOOL FACILITIES THROUGHOUT THE CITY, TO FUND THE CAPITAL IMPROVEMENT PROGRAM FOR THE TWO FISCAL YEARS 2018 AND 2019

 

 

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.

 

335   RESOLUTION AUTHORIZING THE CITY OF PAWTUCKET TO PROVIDE FOR THE RENOVATION, CONSTRUCTION, RECONSTRUCTION AND EQUIPPING OF PUBLIC RECREATION FACILITIES IN THE CITY AND AUTHORIZING THE FINANCING THEREOF, INCLUDING THE ISSUE OF NOT MORE THAN $2,500,000 BONDS, NOTES AND OTHER EVIDENCES OF INDEBTEDNESS THEREFOR, TO FUND THE CAPITAL IMPROVEMENT PROGRAM FOR THE TWO FISCAL YEARS 2018 AND 2019

 

 

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.

 

335   RESOLUTION AUTHORIZING THE CITY OF PAWTUCKET TO PROVIDE FOR CONSTRUCTION AND RECONSTRUCTION OF THE SEWER AND SANITATION SYSTEM IN THE CITY INCLUDING A COMPREHENSIVE SEWER SYSTEM EVALUATION STUDY AND AUTHORIZING THE FINANCING THEREOF, INCLUDING THE ISSUE OF NOT MORE THAN $1,600,000 BONDS, NOTES AND OTHER EVIDENCES OF INDEBTEDNESS THEREFOR, TO FUND THE CAPITAL IMPROVEMENT PROGRAM FOR THE TWO FISCAL YEARS 2018 AND 2019

 

 

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.

 

335   RESOLUTION AUTHORIZING THE CITY OF PAWTUCKET TO PROVIDE FOR THE CONSTRUCTION, RENOVATION AND IMPROVEMENT, REPAIR, ALTERATION, FURNISHING AND EQUIPPING OF PUBLIC BUILDINGS IN THE CITY AND AUTHORIZING THE FINANCING THEREOF, INCLUDING THE ISSUE OF NOT MORE THAN $1,600,000 BONDS, NOTES AND OTHER EVIDENCES OF INDEBTEDNESS THEREFOR, TO FUND THE CAPITAL IMPROVEMENT PROGRAM FOR THE TWO FISCAL YEARS 2018 AND 2019

 

 

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.

 

335   RESOLUTION AUTHORIZING THE CITY OF PAWTUCKET TO PROVIDE FOR THE DESIGN, CONSTRUCTION, RECONSTRUCTION AND REPAIR OF STREETS AND SIDEWALKS INCLUDING, BUT NOT LIMITED TO, DRAINAGE AND LANDSCAPING AND AUTHORIZING THE FINANCING THEREOF, INCLUDING THE ISSUE OF NOT MORE THAN $1,000,000 BONDS, NOTES AND OTHER EVIDENCES OF INDEBTEDNESS THEREFOR, TO FUND THE CAPITAL IMPROVEMENT PROGRAM FOR THE TWO FISCAL YEARS 2018 AND 2019

 

 

THE CHAIR RECOGNIZES COUNCILOR VITALI.

 

With majority consent of the Council, the following motion made by Councilor Vitali, 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 he use some of the street and sidewalk bond money passed by the voters in 2016 for sidewalks on Beverage Hill Avenue.  This should be paid for entirely from the bond and not as part of the 50/50 Sidewalk Program.

 

 

 

 

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.

 

335   RESOLUTION AUTHORIZING THE CITY OF PAWTUCKET TO PROVIDE FOR THE CONSTRUCTION, RECONSTRUCTION AND REPAIR OF BRIDGES AND ALL COSTS INCIDENTAL OR RELATED THERETO AND AUTHORIZING THE FINANCING THEREOF, INCLUDING THE ISSUE OF NOT MORE THAN $300,000 BONDS, NOTES AND OTHER EVIDENCES OF INDEBTEDNESS THEREFOR, TO FUND THE CAPITAL IMPROVEMENT PROGRAM FOR THE TWO FISCAL YEARS 2018 AND 2019

 

 

 

 

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 Tina Goncalves, Acting Chief of Police, requesting that she set a date for a meeting to discuss the gun buyback program.

 

 

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.

 

335   RESOLUTION AUTHORIZING THE CITY OF PAWTUCKET TO PROVIDE FOR THE REHABILITATION, CONSTRUCTION, RENOVATION AND IMPROVEMENT OF THE CITY HALL TOWER AND ALL COSTS RELATED THERETO AND AUTHORIZING THE FINANCING THEREOF, INCLUDING THE ISSUE OF NOT MORE THAN $5,000,000 BONDS, NOTES AND OTHER EVIDENCES OF INDEBTEDNESS THEREFOR, TO FUND THE CAPITAL IMPROVEMENT PROGRAM FOR THE TWO FISCAL YEARS 2018 AND 2019

 

 

 

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.

 

335   RESOLUTION AUTHORIZING THE CITY OF PAWTUCKET TO PROVIDE FOR THE IMPROVEMENT AND REPLACEMENT OF ROAD SAFETY IMPROVEMENTS AND TRAFFIC CONTROL DEVICES IN THE CITY OF PAWTUCKET AND AUTHORIZING THE FINANCING THEREOF, INCLUDING THE ISSUE OF NOT MORE THAN $1,000,000 BONDS, NOTES AND OTHER EVIDENCES OF INDEBTEDNESS THEREFOR, TO FUND THE CAPITAL IMPROVEMENT PROGRAM FOR THE TWO FISCAL YEARS 2018 AND 2019

 

 

 

THE CHAIR RECOGNIZES COUNCILOR KALLMAN.

 

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

 

028   Communication from the Honorable Thomas E. Hodge to the Honorable Members of the Pawtucket City Council.  (Closed Captioning Ordinance)

 

Upon motion made by Councilor Kallman, seconded by Councilor Barry, the following communication is READ AND ORDERED FILED, on a unanimous voice vote:

 

Communication from the Honorable Thomas E. Hodge to the Honorable Members of the Pawtucket City Council.  (Closed Captioning Ordinance)

 

 

THE FOLLOWING ORDINANCE IS TAKEN UP:

 

THE CHAIR RECOGNIZES COUNCILOR KALLMAN.

 

Upon motion made by Councilor Kallman, seconded by Councilor Barry, the following ordinance is POSTPONED AND REFERRED BACK TO THE ORDINANCE COMMITTEE 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.

 

 

 

Upon motion made by Councilor Mercer, seconded by Councilor Vitali, the meeting is adjourned at 9:26 p.m.