City Council, November 8, 2017

 

 

A regular session of the Pawtucket City Council is held Wednesday, November 8, 2017, at 7:33 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 reading of the records of October 25, 2017 is dispensed with and the records are APPROVED as prepared by the Clerk. 10/25/2017

 

 

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

 

*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:

 

028	A.    Communication from Sean Lyness, Special Assistant Attorney General, to Ethan Shorey, Valley Breeze.  (Valley Breeze v. Pawtucket City Council Finance Committee – No Violation Found)
	1.
** 028	B.     Communication from Councilman Nicholas Narducci, Ward 4, Providence City Council, to Carl Freedman, Chair, Pawtucket Planning Commission.  (Opposition to Blackstone Valley Regional Transfer Station on Concord Street)
028	C.     Communication from Tanya Turner-Belton, Engineer I, Verizon, to City of Pawtucket.  (Termination of Tower Lease Agreement – 240 Grotto Avenue)
028	D.    Communication from Matthew B. McCoy, to Council President David P. Moran, requesting support events planned by the RI World War One Centennial Commission.
028	E.     Communication from Lee A. Esckilsen, CFE, Pawtucket Resident, to the Honorable Members of the Pawtucket City Council.  (Personal Testimony in Support of the Ballpark at Slater Mill)
592
	F.      Communication from Susan Mara, Executive Director, Pawtucket Redevelopment Agency, to the Honorable Members of the Pawtucket City Council.  (Middle Street Redevelopment Parcels RFP)
061	G.    Communication from Joanna L’Heureux, Director of Finance, to the Honorable Members of the Pawtucket City Council.  (Statement of Estimated Realized and Unrealized Revenutes for the Fiscal Period July 1, 2017 through September 30, 2017)
611	H.    Communication from Jeannine S. Bourski, Deputy Finance Director, to Mayor Donald R. Grebien.  (Uniform Overtime FY18)
611	I.       Communication from Joanna L’Heureux, Director of Finance, to Council President David P. Moran.  (Uncollectible Accounts – Purge 2007)
590	K.    Communication from His Honor, Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council.  (Memorial Hospital)
611	L.     Communication from Joanna L’Heureux, Director of Finance, to Council President David P. Moran.  (Police and Fire Investment Portfolio – GW&K Investment Management)
	M.   RESOLUTION AUTHORIZING THE TRANSFER OF $7.2 MILLION FROM LONDON COMPANY TO GW&K INVESMENT MANAGEMENT AS A SMALL CAP MONEY MANGER – IS REFERRED TO THE FINANCE COMMITTEE.
623	N.    Communication from Don Zimmerman, Director of Human Resources, to the Honorable Members of the Pawtucket City Council.  (Repeal & Replacement of Department Head Ordinance and Unclassified Non-Union Positions)
	O.    AN ORDINANCE REPEALING AND REPLACING THE SCHEDULE OF PAY RATES FOR HEADS OF DEPARTMENTS IN SECTION §88-12 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996. (Director & Deputy Director of Administration and Delete: Chief of Staff) – IS LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE.
	P.      AN ORDINANCE REPEALING AND REPLACING THE SCHEDULE OF PAY RATES FOR UNCLASSIFIED NON-UNION POSITIONS IN §88-12 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996. (Constituent Services Liaison) – IS LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE.
	Q.    Communication from Nicholas & Erica Barros, to the Honorable Members of the Pawtucket City Council, requesting to purchase Plat 52 Lot 23 adjacent to their property IS REFERRED TO THE CITY PROPERTY COMMITTEE.
	R.     THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS: Maribel Davila - $609.33/$948.92 Elizabeth M. Oliver - $4,593.11 Steven O’Neil by Hanover Insurance Group - $2,030.55 Antoinette Thompson, by Travis J. DeCosta, Esq. – No Amount Specified
**	TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY, NO OTHER ACTION TAKEN.

 

590	J.       Communication from His Honor, Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council.  (Response – Transfer Station) is READ AND ORDERED FILED.

 

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 Frank J. Milos, Jr., City Solicitor, regarding the Pawtucket Transfer Station.  First, in the 2012 agreement with WHM Holdings, LLC, it says in Sec 3.1 that renewals will be allowed, pending Council approval.  Councilor Rudd noted that Mayor Grebien said at a meeting that the new contract is a renewal because it is still with Link Environmental.  There were questions on the Council about it being a renewal because the new agreement is for a different parcel, so they want to know if Mr. Milos agrees that it is a renewal.  If so, the Council would like to know why the new agreement does not include Council approval. 

 

Second, under Article IV of Chapter 347 of the Code of Ordinances, § 347-25 states that “There shall be no transfer stations in the City of Pawtucket except as provided herein.”  Under the definition of “Transfer Station” in § 347-26, the last sentence reads, “The term ‘Transfer station’ shall not apply to any real property owned by the City of Pawtucket.”  Councilor Rudd interprets that to mean that a transfer station can only occur on property owned by the city of Pawtucket, not on a private parcel.  The Council is requesting a legal interpretation of these sections.

 

 

Third, relates to the fact that under the new agreement, the city and Link Environmental are co-license holders.  Under Article II of Chapter 347, § 347-18.1 (A) states that “all persons engaged in the business of collection or hauling of refuse and the operation of transfer stations within the City boundaries shall be issued a license by the City Council upon application if reasonably qualified.”  Councilor Rudd interprets that to mean that after getting DEM’s license, they would have to get a separate license from the City Council, because a private entity is holding the license.  The Council is requesting a legal interpretation of this section, as well.

 

 

 

609   Communication from Chris Montalto, Engineering Supervisor, Distrbution Design, National Grid, to the Honorable Members of the Pawtucket City Council, requesting permission to relocate an existing joint pole on Hunts Avenue, IS READ AND ORDERED FILED AND IS APPROVED PENDING THE APPROVAL OF THE DIRECTOR OF PUBLIC WORKS.

 

 

 

 

THE CHAIR RECOGNIZES COUNCILOR BARRY.

 

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

 

The Clerk is instructed to send communication to His Honor, Mayor Donald R. Grebien, asking if there is something the city ought to be doing to respond more rapidly to properties with serious code violations.  They suggested that he ask Jean Boyle what they do in East Providence to ensure a quick response to seriously blighted properties.

 

 

 

 

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 EXEMPTING FROM TAXATION THE REAL AND PERSONAL PROPERTY OF THE SAMARITANS, INC., 67 PARK PLACE.

 

 

 

 

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 EXEMPTING FROM TAXATION THE REAL AND PERSONAL PROPERTY OF THE NEIL J. HOUSTON, JR. RESIDENTIAL RE-ENTRY CENTER, 67-85 SLATER STREET. 

 

 

 

 

 

The following ordinance is read for the SECOND 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.

 

330   AN ORDINANCE REPEALING AND REPLACING THE SCHEDULE OF PAY RATES FOR LOCAL 3960 IN SECTION §88-12 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996.  (Reclassify: Public Services Manager and Maintenance Manager)

 

 

 

 

The following ordinance is read for the SECOND 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.

 

330   AN ORDINANCE REPEALING AND REPLACING THE SCHEDULE OF PAY RATES FOR LOCAL 251 IN SECTION §88-12 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996.

 

 

 

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 SECTIONS §302-8, §302-31, §302-44, §112-7, §112-12, §260-3, §260-4, §260-9 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, REGARDING LICENSES (Licenses, Expirations, Fees)

 

 

 

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.

 

Allyson White - $425.00

Andrea Raymond - $256.00

Kelyn Salazar - $673.00 Storage

 

 

 

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:

 

Polanco Viruet by Christopher E. Fay, Esq. – No Amount Specified

Joseph B. Korngor, Betty C. Korngor and Melissa Korngor by Michael J. Stevenson, 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 NATIONAL GRID, ON A ROLL CALL VOTE, AS FOLLOWS:

 

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

 

NOES - 0.

 

Amilcar Lima - $157.56

 

 

 

 

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE DENIED AND REFERRED TO CARDI CORPORATION, ON A ROLL CALL VOTE, AS FOLLOWS:

 

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

 

NOES - 0.

 

Lindsay Adler – No Amount Specified

Maria Gomes - $653.32

Karen Pare - $532.24

 

 

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE DENIED AND REFERRED TO 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.

 

Elaine T. MacIntosh by Charles J. Vucci, Esq. - $100,000.00

Ana Peralta Santos by Thomas L. Moran, Esq.  – No Amount Specified

 

 

 

 

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

 

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

 

NOES - 0.

 

Kristin McManus-Guisti - $703.25

 

 

 

Upon motion made by Councilor Wildenhain, seconded by the entire City Council, the meeting is adjourned at 8:00 p.m., in memory of Dennis Courtemanche and Susan Landry.