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City Council, April 25, 2018

A regular session of the Pawtucket City Council is held Wednesday, April 25, 2018, at 7:32 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.

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

Absent – Councilor Vitali.

President Moran presides.

Upon unanimous consent of the council, the Council takes up the following matter at this time:

RESOLUTION THANKING COUNCILOR-AT-LARGE SANDRA CANO FOR MORE THAN THREE YEARS OF OUTSTANDING PUBLIC SERVICE TO THE RESIDENTS OF PAWTUCKET AS A MEMBER OF THE PAWTUCKET CITY COUNCIL

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

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

NOES – 0.

588 RESOLUTION THANKING COUNCILOR-AT-LARGE SANDRA CANO FOR MORE THAN THREE YEARS OF OUTSTANDING PUBLIC SERVICE TO THE RESIDENTS OF PAWTUCKET AS A MEMBER OF THE PAWTUCKET CITY COUNCIL

THE COUNCIL RECESSES AT 7:37 P.M. TO CONDUCT PUBLIC HEARINGS ON THE FOLLOWING:

RESOLUTION AUTHORIZING THE ABANDONMENT OF A PORTION OF THE RIGHT OF WAY ON NEWPORT AVENUE, ENCOMPASSING APPROXIMATELY 93 SQUARE FEET OF LAND

AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ZONING” ESTABLISHMENT OF THE COMMERCIAL MIXED USE ZONING DISTRICT (CMU) SUBSTITUTE A

AN ORDINANCE IN AMENDMENT OF CHAPTER 3124 OF THE ORDINANCES OF THE CITY OF PAWTUCKET AMENDING THE 2017 COMPREHENSIVE PLAN (CHANGE FROM MO & CG TO CMU - 7 AND 45 NEWPORT AVENUE; 0 & 675 BEVERAGE HILL AVENUE; AP41 L335, 347, 348, 370) SUBSTITUTE A

AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ZONING” (CHANGE FROM MO & CG TO CMU - 7 AND 45 NEWPORT AVENUE; 0 & 675 BEVERAGE HILL AVENUE; AP41 L335, 347, 348, 370) SUBSTITUTE A

COUNCILOR KALLMAN LEAVES THE CHAMBER AT 8:44 P.M.

THE COUNCIL RECONVENES AT 8:48 P.M.

The reading of the records of the April 11, 2018 City Council meeting, the Committee on Claims and Pending Suits meeting and the Finance Committee meeting, and the April 16, 2018 City Council meeting is dispensed with and the records are APPROVED as prepared by the Clerk.

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

*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:

611 A. Communication from Jeannine S. Bourski, Deputy Finance Director, to His Honor, Mayor Donald R. Grebien. (Uniform Overtime FY18)

028 B. Communication from Amy Weinreich, Charlestown Town Clerk, to RI City and Town Clerks. (Resolution in Support of H-7769 and S-2751 – An Act Relating to Subdivision of Land, Resolution in Opposition to S-2413 –An Act Relating to Zoning Ordinances)

028 C. Communication from Christina Bento, to Various Constituents. (Paw Sox Stadium)

3 D. Communication from Dianna Liss, Administrative Assistant to the Assistant Superintendent of Schools, Dr. Cheryl McWilliams, to Honorable Mayors, Town Managers and Clerks. (Resolution in Support of Gun-Free School and Resolution Supporting School Construction General Obligation Referendum)

590 E. Communication from Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council. (Financial Analysis of Pawtucket’s Municipal Court)

590 F. Communication from Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council. (Proposed Capital Improvement Program FY2020-2024)

H. Communication from Milton Rogers, III, Rogers Home for Sober Living, to City Council Finance Committee, Robert W. Burns, Tax Assessor and Shaun W. Strobel, Treasurer/Tax Collector. (Requesting for Property Tax Exemption) TO BE REFERRED TO THE FINANCE COMMITTEE.

592 I. Communication from Jay Rosa, Assistant Director, Planning & Redevelopment, to the Honorable Members of the Pawtucket City Council. (Proposed MBRD – 1110 Central Avenue)

J. AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ZONING” – CHANGE IN OFFICIAL ZONING MAP (ADDITION OF 1110 CENTRAL AVENUE, AP1, L296 TO THE MBRD) – TO BE LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE.

K. AN ORDINANCE IN AMENDMENT OF CHAPTER 365 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “TOBACCO AND SNUFF” (PURCHASE AND SALE REQUIREMENTS) - TO BE LAID ON THE TABLE AND REFERRED TO THE ORDINANCE AND THE SUBSTANCE ABUSE/DARE FUND COMMITTEES

L. THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY TO BE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:

Hilary Bilbraut, by Robert J. Levine, Esq. – No Amount Specified

Fabio DaSilva by Almagno Law – No Amount Specified

Lisbeth A. Ramirez – No Amount Specified

Oscar Tassone - $120.00

634 G. Communication from Richard J. Goldstein, MMC, City Clerk, to Council President David P. Moran. (Refuse Collection Contract Pages) 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 Barry, is PASSED on a unanimous voice vote:

The Clerk is instructed to send a communication to Frank J. Milos, Jr., Esq., City Solicitor, requesting a legal opinion on the meaning of Section 4.2 of the Refuse Collection Contract with MTG.

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

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

NOES – 0.

588 RESOLUTION CONGRATULATING THE TOLMAN HIGH SCHOOL CHEERLEADING TEAM FOR WINNING THE 2017-2018 RHODE ISLAND LARGE DIVISION STATE CHAMPIONSHIP

COUNCILOR KALLMAN RETURNS TO THE CHAMBER AT 8:52 P.M.

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, Kallman, Mercer, Rudd, Tetreault and Wildenhain.

NOES – 0.

033 RESOLUTION AUTHORIZING THE ABATEMENT OF TAXES FOR MOTOR VEHICLES, REAL ESTATE AND TANGIBLE PERSONAL PROPERTY FOR JANUARY, FEBRUARY AND MARCH, 2018 IN THE TOTAL AMOUNT OF $181,159.82

THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.

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

The Clerk is requested to send a communication to Patricia DiCenso, Superintendent of Schools, requesting the following information from the School Department in preparation of their upcoming city budget deliberations:

1. The school department's capital budget request, put into a format that the city uses. They want the 2017 actual and the projected requests for 2018 and 2019.

2. A list of all the administrative positions, the number of teachers and students in the city and the historical student enrollment for the last five years.

The Clerk is further instructed to send a communication to the Providence, East Providence, Cranston and North Providence School Departments asking for the number of administrators, students and teachers in their respective municipalities.

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, Kallman, Mercer, Rudd, Tetreault and Wildenhain.

NOES – 0.

588 RESOLUTION AUTHORIZING THE ABANDONMENT OF A PORTION OF THE RIGHT OF WAY ON NEWPORT AVENUE, ENCOMPASSING APPROXIMATELY 93 SQUARE FEET OF LAND - SUBSTITUTE A

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, Kallman, Mercer, Rudd, Tetreault and Wildenhain.

NOES – 0.

AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ZONING” ESTABLISHMENT OF THE COMMERCIAL MIXED USE ZONING DISTRICT (CMU) SUBSTITUTE A

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, Kallman, Mercer, Rudd, Tetreault and Wildenhain.

NOES – 0.

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, Kallman, Mercer, Rudd, Tetreault and Wildenhain.

NOES – 0.

THE CHAIR RECOGNIZES COUNCILOR KALLMAN.

Upon motion made by Councilor Kallman, seconded by Councilor Rudd, the agenda is amended to include the following communications:

Communication from Jennifer L. Wall, Director of Health Education & Public Policy, American Lung Association, to Council President David P. Moran. (Support of Tobacco Ordinance)

Communication from Nicole Alexander-Scott, MD, MPH, Director, RI Department of Health, to Council President David P. Moran. (Support of Tobacco Ordinance)

Communication from Lori Barden, to the Honorable Members of the Pawtucket City Council. (Support of Tobacco Ordinance)

Upon motion made by Councilor Kallman, seconded by Councilor Rudd, the following communications are READ AND ORDERED FILED:

028 Communication from Jennifer L. Wall, Director of Health Education & Public Policy, American Lung Association, to Council President David P. Moran. (Support of Tobacco Ordinance)

028 Communication from Nicole Alexander-Scott, MD, MPH, Director, RI Department of Health, to Council President David P. Moran. (Support of Tobacco Ordinance)

028 Communication from Lori Barden, to the Honorable Members of the Pawtucket City Council. (Support of Tobacco Ordinance)

634 Communication from Richard J. Goldstein, MMC, City Clerk, to the Honorable Members of the Pawtucket City Council. (Amendment to the definition of Tobacco Product) is READ AND ORDERED FILED.

THE FOLLOWING ORDINANCE RETURNED BY THE ORDINANCE COMMITTEE WITH THE RECOMMENDATION FOR APPROVAL IS TAKEN UP:

AN ORDINANCE IN AMENDMENT OF CH. 365 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “TOBACCO AND SNUFF” (Use at Public Athletic and Recreational Facilities)

THE FOLLOWING AMENDMENT TO THE ORDINANCE ABOVE IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:

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

NOES – 0.

Delete the following:

~~TOBACCO PRODUCTS~~

Any product containing tobacco or nicotine, including but not limited to cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis, snus, and electronic cigarettes; provided, however, that such term shall not include any product that has been approved by the U.S. Food and Drug Administration as a tobacco cessation product.

Add the following:

Tobacco product

(1) Any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoke, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, and snuff.

(2) Any electronic device that delivers nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah.

(3) Notwithstanding any provision of clauses (1) and (2) in this definition to the contrary, tobacco product includes any component, part, or accessory of a tobacco product, whether or not sold separately.

(4) Tobacco product does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose.

THE CHAIR RECOGNIZES COUNCILOR MERCER.

Upon motion made by Councilor Mercer, seconded by Councilor Tetreault, the following amendment is introduced:

Amend the following section:

§ 365-4. Tobacco use ~~limited to designated areas~~ restricted or prohibited.

A. Smoking and other uses of tobacco products shall be restricted only to designated areas ~~limited to designated areas within any~~ at all athletic facilities ~~facility~~ owned or operated by the City of Pawtucket. ~~The limitation does not pertain to any abutting private property.~~ Paved parking areas at such facilities shall be the designated area(s) where tobacco use is permitted; provided, however, that there shall be no designated smoking area whatsoever at the Morley Field Complex.

~~B. Designated smoking areas shall be determined by the Director of Public Works or his/her designee and shall provide reasonable accommodation for smokers.~~

B. Smoking and other uses of tobacco products shall be prohibited at all times at recreational facilities and at athletic facility basketball and tennis courts adjacent to city recreational/playground facilities.

A C. Tobacco use is prohibited ~~at all times in or on all recreational areas~~ at Slater Park, except in paved parking areas, paved or concrete (or otherwise established) walking paths and upon the Ten-Mile River Bike Path.

BD. It is not a violation of this policy to use tobacco in or on recreational areas as part of a Native American spiritual or cultural ceremony. Approval from The Director of Public Works or his/her designee must be requested and received prior to the ceremony

C E. The prohibition on use of tobacco products does not apply to individuals traveling in a vehicle on any public road that runs through a city park or occupying any vehicle legally parked in a paved area.

THE CHAIR RECOGNIZES COUNCILOR MERCER.

Upon motion made by Councilor Mercer, seconded by Councilor Tetreault, the following amendment is PASSED on a roll call vote, as follows:

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

NOES – 0.

Amend the following section:

§ 365-4. Tobacco use ~~limited to designated areas~~ restricted or prohibited.

~~B. Designated smoking areas shall be determined by the Director of Public Works or his/her designee and shall provide reasonable accommodation for smokers.~~

The following ordinance is read for the FIRST time, as amended, and PASSED on a roll call vote, as follows:

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

NOES – 0.

AN ORDINANCE IN AMENDMENT OF CH. 365 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “TOBACCO AND SNUFF” (Use at Public Athletic and Recreational Facilities) AS AMENDED.

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 and Wildenhain.

NOES – 0.

AN ORDINANCE REPEALING AND REPLACING THE SCHEDULE OF PAY RATES FOR LOCAL 3960 IN §88-12 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996. (Reclassify: Assistant Tax Collector, Chief of Project Development and Deputy Finance Director)

COUNCILOR RUDD LEAVES THE CHAMBERS AT 9:26 P.M.

COUNCILOR MERCER LEAVES THE CHAMBERS AT 9:26 P.M.

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, Tetreault and Wildenhain.

NOES – 0.

AN ORDINANCE REPEALING AND REPLACING THE SCHEDULE OF PAY RATES FOR CLASSIFIED NON-UNION EMPLOYEES IN SECTION §88-12 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996. (Eliminate: PW Operations Manager; Add: Asst. Dir. PW Operations and Consolidated HR Coordinator)

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

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

NOES – 0.

Jasmine Melo - $231.81.

Gabriel German Urena by Allstate Insurance - $1,091.13

Rose Ross Dickens - $95.00

Christopher LeFort - Claim 1 - $335.85

Christopher LeFort – Claim 2 $264.50

Maribel Davila - $1,558.25

Wanda Hernandez - $300.00

Peter Medeiros - $50.00

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, Kallman, Tetreault and Wildenhain.

NOES – 0.

Marc Conway - $706.94/$979.40

Leonela Felix - $749.24

COUNCILOR MERCER RETURNS TO THE CHAMBERS AT 9:30 P.M.

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS DENIED, CLAIMANT TO CONTACT THE RHODE ISLAND DEPARTMENT OF TRANSPORTATION, ON A UNANIMOUS VOICE VOTE:

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

NOES – 0.

Jody Wheeler - $341.67

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS DENIED, CLAIMANT TO CONTACT THE PROVIDENCE WORCESTER RAILROAD, ON A UNANIMOUS VOICE VOTE:

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

NOES – 0.

Caitlin Molina - $178.45

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS DENIED, CLAIMANT TO CONTACT STERRY STREET TOWING, ON A UNANIMOUS VOICE VOTE:

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

NOES – 0.

Jesenia Melendez Pagan - $750.00

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:

Annette Dussault - No Amount Specified

Maria Silva by Wayne G. Resmini, Esq. - $100,000.00

Amanda Warren by Richard P. Brederson, Esq. – No Amount Specified

Amy Whalen by Progressive Director Insurance Company - $19,000.00

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS REFERRED TO THE RHODE ISLAND INTERLOCAL TRUST FOR FURTHER REVIEW, ON A UNANIMOUS VOICE VOTE:

Christina Bento – No Amount Specified

Upon motion made by Councilor Barry, seconded by the entire City Council, the meeting is adjourned at 9:36 p.m. in memory of James McVeigh and Captain Patrick McConaghy.