City Council, May 10, 2017

 

A regular session of the Pawtucket City Council is held Wednesday, May 10, 2017, at 8:04 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI. 

 

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

 

Absent – Councilor Kallman.

 

President Moran presides.

 

THE COUNCIL RECESSES IMMEDIATELY TO CONDUCT A PUBLIC HEARING ON THE FOLLOWING:

 

RESOLUTION AUTHORIZING THE ABANDONMENT OF A 10’ PORTION OF THE RIGHT OF WAY OF EAST STREET FROM BRANCH STREET TO THE BLACKSTONE RIVER, ENCOMPASSING APPROXIMATELY 2,891 SQUARE FEET OF LAND.

 

THE COUNCIL RECONVENES AT 8:07 P.M.

 

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

 

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 Joan Loos, Tour Development, Blackstone Valley Tourism Council, to the Honorable Members of the Pawtucket City Council.  (Request for Resolution in Support of Legislation – H6126 Relating to the Formula for the Distribution of Proceeds from the Hotel Tax)
028	B.     Communication from Leigh A. Carney, CMC, East Greenwich Town Clerk, to the RI City & Town Clerk’s (Resolution Opposing H5475 & S0481 regarding Subdivision of Land)
028	C.     Resolution from the Town Council of Scituate objection to H-6122 regarding RI Cooperative Water Authority.
028	D.    Resolution from the Smithfield School Committee in Support of H-5345 and S-0187 regarding Gun Free Schools.
** 028	E.     Communication from Terry Nau, to Council President David P. Moran.  (21 Heroes Day Monument)
061	F.      Communication form 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 March 31, 2017)
611	G.    Communication from Jeannine S. Bourski, Deputy Finance Director, to Joanna L’Heureux, Director of Finance.  (FY17 Medical Fund Report)
651	H.    Communication from Shaun Strobel, Treasurer, to the Honorable Members of the Pawtucket City Council (Mitigation Revenue Reporting March 2017)
611	I.       Communication from Jeannine S. Bourski, Deputy Finance Director, to His Honor, Mayor Donald R. Grebien (Uniform Overtime FY17)
652	J.       Communication from Kenneth R. McGill, Registrar, to the Honorable Members of the Pawtucket City Council.  (Final Report of State Elections Task Force)
614	K.    Communication from William E. Ankner, PhD, Director of Public Works, to the Pawtucket City Council. (Response - Maintenance at Skateboard Park)
614	L.     Communication from Christopher J. Crawley, Maintenance Manager, to William E. Ankner, PhD, Director of Public Works. (Skateboard Park Repairs)
614	M.   Communication from William E. Ankner, PhD, Director of Public Works, to Councilor Meghan Kallman. (Response - Maintenance and Beautification of Bus Shelters throughout Pawtucket)
** 623	N.    Communication from Don Zimmerman, Director of Consolidated Human Resources, to Councilor Lorenzo C. Tetreault  (Response – Status of Human Resource Activities)
** 613	O.    Communication from Frank J. Milos, Jr., City Solicitor, to Council President David P. Moran.  (Response – Outside Legal Costs FY17)
3	P.      Communication from Melissa Devine, CFO, Pawtucket School Department, to Richard J. Goldstein, MMC, City Clerk.  (2017-2018 School Budget Proposal and Teacher Contract Fiscal Impact Statement)
3	Q.    Communication from Melissa Devine, CFO, Pawtucket School Department, to Richard J. Goldstein, MMC, City Clerk.  (Response to questions from Alan Tavares, City Council Fiscal Analyst)
3	R.     Communication from Patricia DiCenso, Superintendent of Schools, to the Pawtucket City Council.  (Collective Bargaining Agreement between the Pawtucket School Department and the Pawtucket Teachers Alliance, Local 930)
	S.      Tentative Agreement between the Pawtucket Teachers’ Alliance, Local 930, and the Pawtucket School Department. (September 1, 2017 – August 31, 2020) IS REFERRED TO THE FINANCE COMMITTEE.
	T.      Communication from Joanna L’Heureux, Director of Finance, to the Honorable Members of the Pawtucket City Council.  (Participation in the RI Interlocal Management Trust OPEB Funding Program) IS REFERRED TO THE FINANCE COMMITTEE.
	U.    Communication from Denise Panichas, Executive Director, The Samaritans, to Councilor Timothy Rudd, Senator Betty Crowley, and Representative Jean Philippe Barros (Legislation – Property Tax Exemption 67 Park Place) IS REFERRED TO THE FINANCE COMMITTEE.
	V.    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 LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE.
592	W.   Communication from Jay Rosa, Senior Planner, to the Honorable Members of the Pawtucket City Council.  (Proposed Zoning Map Amendment MBRD Overlay – 541 Pawtucket Avenue – AP63 L740)
	X.    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 (541 PAWTUCKET AVENUE – AP63A L740) – IS LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE.
592	Y.    Communication from Jay Rosa, Senior Planner, to the Honorable Members of the Pawtucket City Council.  (Proposed Zoning Map Amendment MBRD Overlay – 881 Main Street – AP57 L520)
	Z.     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 (881 MAIN ST – AP57 L520) – IS LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE.
028	AA.   Petition of Michael F. Horan, Esq., representing Pawtucket Credit Union, to the Honorable Members of the Pawtucket City Council, requesting the two properties at 1091 Central Avenue and 1093 Central Avenue (AP13B L270 & 274) be changed from Residential Single Family (RS) to Commercial General (CG) on the City of Pawtucket Zoning Map and Comprehensive Plan Map.
	BB.   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) - IS LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE.
	CC.     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) - IS LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE.
	DD.    Communication from Joseph A. Keough, Jr., representing the Pawtucket Water Supply Board, to the Honorable Members of the Pawtucket City Council, requesting that the City of Pawtucket deed a portion of its property on Peggy Drive in Cumberland IS REFERRED TO THE CITY PROPERTY COMMITTEE.
	EE.      THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY IS REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS: Jimmy Allen by Amica Insurance - $7284.62 – Revised amount $7864.62 Michael Carvalho, by Rob Levine, Esq. – No Amount Specified Robert Couto - $190.96 Antonio Koslowski - $127.04 Angel Ruiz Santos - $2,477.51/$2,508.11 Cristiana Santos - $383.42 Kelly Turcotte - $274.70 Josh Zajdel - $1,734.35
**	TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY, NO OTHER ACTION TAKEN.

 

 

THE CHAIR RECOGNIZES COUNCILOR BARRY.

 

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

The Clerk is instructed to send a communication to Gerard A. Charbonneau, Chair, Pawtucket School Committee; and Patricia DiCenso, Superintendent of Schools, requesting that they attend a pre-council session on June 7, 2017, to discuss perimeter security cameras at the schools and the school lunch program.

 

 

 

THE CHAIR RECOGNIZES COUNCILOR BARRY.

 

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

 

The Clerk is instructed to send a communication to William Sisson, Fire Chief, requesting that he investigate if there are fire code violations at the CACD building, 120 High Street, which need to be addressed.  If so, can any events be held in the building until the violations are corrected?  If they can be held, are detail firefighters required at these events?

 

 

 

THE FOLLOWING AGREEMENT IS TAKEN UP:

 

Fee Agreement between the Pawtucket City Council and Gannon Bailey Donovan & Votolato, PC. for City Council legal representation.

 

The Council discusses the agreement.

 

 

THE CHAIR RECOGNIZES COUNCILOR BARRY.

 

Upon motion made by Councilor Barry, seconded by Councilor Wildenhain, THE QUESTION IS CALLED on the fee agreement for Gannon Bailey Donovan & Votolato, PC., on a roll call vote, as follows:

 

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

 

NOES – Councilors Cano and Vitali.

 

 

THE FOLLOWING AGREEMENT IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:

 

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

 

NOES – Councilors Cano and Vitali.

 

028   Fee Agreement between the Pawtucket City Council and Gannon Bailey Donovan & Votolato, PC. for City Council legal representation.

 

 

 

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 Councilors Barry, Rudd, Mercer, and Tetreault, is PASSED on a roll call vote, as follows:

 

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

 

Noes – 0.

 

The Clerk is instructed to send a communication to City Council Attorney Joel Votolato, requesting a legal opinion regarding Solicitor Milos’ letter, dated March 16, 2017, RE: Public Safety Director – Amendment to Pay Plan Ordinance.  The Council requests that the opinion be provided in time for the meeting on the city budget, scheduled for Wednesday, May 24, 2017.

 

 

592   Communication from Edward Soares, CD Program Manager and Michael D. Cassidy, Planning Consultant, to the Honorable Members of the Pawtucket City Council.  (Response – Additional CDBG Information) is READ AND ORDERED FILED.

 

THE FOLLOWING RESOLUTION WAS POSTPONED AT THE MEETING HELD APRIL 19, 2017, AND IS AGAIN TAKEN UP AND IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:

 

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

 

NOES – 0.

 

ABSTENTION – Councilor Cano.

 

619   Councilor Cano ABSTAINS based on her statement that she is a Board Member of the YWCA RI who will receive funds from CDBG

 

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

 

            Activity Applications              Home Applications                 Public Service Applications

 

 

THE CHAIR RECOGNIZES COUNCILOR BARRY.

 

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

 

Communication from His Honor, Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council submitting the FY18 Budget.

           

ANNUAL OPERATING BUDGET ORDINANCE 2017-2018

           

CAPITAL BUDGET ORDINANCE 2017-2018

 

 

Upon motion made by Councilor Barry, seconded by Councilors Wildenhain and Cano, the following communication is READ AND ORDERED FILED and the following ordinances ARE LAID ON THE TABLE, REFERRED TO THE FINANCE COMMITTEE, AND A PUBLIC HEARING IS SET FOR WEDNESDAY, MAY 24, 2017, on a unanimous voice vote:

 

Communication from His Honor, Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council submitting the FY18 Budget.

           

ANNUAL OPERATING BUDGET ORDINANCE 2017-2018

           

CAPITAL BUDGET ORDINANCE 2017-2018

 

 

 

COUNCILOR RUDD LEAVES AT 9:02

 

 

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, Mercer, Tetreault, Vitali and Wildenhain.

 

NOES - 0.

 

588   RESOLUTION IN SUPPORT OF 2017-H 6090 ENTITLED “AN ACT RELATING TO TAXATION – CITY OF PAWTUCKET” WHICH WOULD EXEMPT FROM TAXATION THE REAL AND PERSONAL PROPERTY OF THE NEIL J. HOUSTON, JR. RESIDENTIAL RE-ENTRY CENTER. (67-85 Slater Street)

 

 

 

 

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, Mercer, Tetreault, Vitali and Wildenhain.

 

NOES - 0.

 

588   RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN EASEMENT ON BEHALF OF THE CITY OF PAWTUCKET WITH VERIZON NEW ENGLAND AND NARRAGANSETT ELECTRIC COMPANY FOR THE RELOCATION OF A POLE T.15/E.15 ONTO THE CITY PROPERTY AT THE CORNER OF SOUTH BEND STREET AND DIVISION STREET.

 

 

 

 

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, Mercer, Tetreault, Vitali and Wildenhain.

 

NOES - 0.

 

588     RESOLUTION AUTHORIZING THE ABANDONMENT OF A 10’ PORTION OF THE RIGHT OF WAY OF EAST STREET FROM BRANCH STREET TO THE BLACKSTONE RIVER, ENCOMPASSING APPROXIMATELY 2,891 SQUARE FEET OF LAND.

 

 

 

THE FOLLOWING RESOLUTION, RETURNED BY THE CITY PROPERTY COMMITTEE WITH THE RECOMMENDATION FOR APPROVAL, IS TAKEN UP:

 

RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A LICENSE AGREEMENT FOR THE CITY OWNED PLOT OF LAND ON TAFT STREET FOR A COMMUNITY GARDEN.

 

 

 

THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.

 

Councilor Wildenhain proposes the following amendment to the above-entitled resolution:

 

1. ALL PLANS AND WORK ON THE COMMUNITY GARDEN SHALL BE APPROVED BY THE DEPARTMENT OF PUBLIC WORKS;

2. ALL FEDERAL, STATE AND LOCAL REQUIREMENTS FOR USE OF THIS PROPERTY AS A COMMUNITY GARDEN SHALL BE MET;

3. THE PLANTING AND/OR GROWING OF MARIJUANA PLANTS, MEDICAL OR OTHERWISE, IS PROHIBITED WITHIN THE PUBLIC GARDEN;

3.4. ALL HOLD HARMLESS AND/OR INSURANCE REQUIREMENTS SHALL BE MET;

4.5. ALL COSTS ASSOCIATED WITH SAID COMMUNITY GARDEN SHALL BE BORNE BY THE PAWTUCKET REVIVAL SQUAD;

5.6. THE CITY MAY REQUIRE THAT THE PROPERTY BE VACATED BY PROVIDING 90 DAYS NOTICE TO THE PAWTUCKET REVIVAL SQUAD.

 

The motion made by Councilor Wildenhain, seconded by Councilor Vitali, to amend the resolution entitled, “RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A LICENSE AGREEMENT FOR THE CITY OWNED PLOT OF LAND ON TAFT STREET FOR A COMMUNITY GARDEN,” is DEFEATED on a roll call vote, as follows:

 

AYES – Councilor Wildenhain.

 

NOES – President Moran, Councilors Barry, Cano, Mercer, Tetreault, and Vitali.

 

 

THE FOLLOWING RESOLUTION IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:

 

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

 

NOES – Councilor Wildenhain.

 

588   RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A LICENSE AGREEMENT FOR THE CITY OWNED PLOT OF LAND ON TAFT STREET FOR A COMMUNITY GARDEN.

 

 

 

THE CHAIR RECOGNIZES COUNCILOR VITALI.

 

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

 

The Clerk is instructed to send a communication to John Blais, Recreation Director and Mike Burns, Traffic Engineering Supervisor, to ask if a missing “Do Not Enter” sign can be replaced as soon as possible to prevent a dangerous situation in Slater Park.  The missing sign is located at the fork in the road coming up from the rear of the park, past the animal shelter on the right, where all the cars are supposed to turn right to go past Daggett Farm. The “Do Not Enter” sign is supposed to stop all traffic from going straight up past the ballfields on the left and up towards Newport Avenue.  Because the sign is missing, a car went straight, the wrong way on a one-way street and almost caused a head-on collision with Councilor Vitali’s car.  The council is requesting that all necessary signage be put up ASAP to stop cars from going straight through the wrong way.

 

 

592   Communication from Susan Mara, Acting Director, Planning & Redevelopment, to the Honorable Members of the Pawtucket City Council.  (Pawtucket/Central Falls Joint Planning Commission) is READ AND ORDERED FILED.

 

 

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, Mercer, Tetreault, Vitali and Wildenhain.

 

NOES - 0.

 

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)

 

 

 

 

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, Mercer, Tetreault, Vitali and Wildenhain.

 

NOES - 0.

 

Nelson Barbosa - $300.00

Patricia Petit - $300.00

Vincent Tanner - $300.00

Maria Semedo by MAPFRE Insurance - $5,980.23

 

 

 

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, Mercer, Tetreault, Vitali and Wildenhain.

 

NOES - 0.

 

Jedidah Edouard - $1,568.67/$1,584.95

Stephen Shanks by Thomas Sparks, Esq. – No Amount Specified

 

 

 

 

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 HOUSING AUTHORITY, ON A ROLL CALL VOTE, AS FOLLOWS:

 

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

 

NOES - 0.

 

Lawrence Mendes by Thomas Sparks, Esq. – 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:

 

Wissam Greigre by Peter M. Iascone, Esq. - $100,000.00

 

 

 

 

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:

 

Lucia Silva by Paragon Subrogation Services - $8,329.70

 

 

 

 

Upon motion made by Councilor Mercer, seconded by the Entire City Council, the meeting is adjourned at 9:36 p.m. in memory of Daniel Grebien, Reinaldo Perez and Mary Ann Kaveny.