City Council, December 5, 2018

 

 

A regular session of the Pawtucket City Council is held Wednesday, December 5, 2018, at 7:36 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.

 

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

 

Absent – 0.

 

President Moran presides.

 

 

THE COUNCIL RECESSES IMMEDIATELY TO CONDUCT PUBLIC HEARINGS ON THE FOLLOWING:

 

The Public Hearing is convened at 7:36 p.m.

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET 1996, ENTITLED “ZONING” (Addition to Historic District 71-73 Alfred Stone Road, AP66A, LOT 842)

 

The Public Hearing is adjourned at 7:39 p.m.

 

 

 

The Public Hearing is convened at 7:39 p.m.

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ZONING” (Change in the Table of Use Regulations Pertaining to the Commercial Downtown District)

 

The Public Hearing is adjourned at 7:41 p.m.

 

 

The Public Hearing is convened at 7:42 p.m.

 

AMENDMENTS TO THE ORDINANCE ENTITLED:

 

“AN ORDINANCE IN AMENDMENT OF CHAPTERS 1810, 1845, 1853, 1899, 1933, 2007, 2037, 2114, 2262, 2496, 2511, 2547 AND 2864 OF THE ORDINANCES OF THE CITY OF PAWTUCKET, APPROVING AMENDMENT NO. 15 TO THE PAWTUCKET REDEVELOPMENT PLAN, ENTITLED THE “DOWNTOWN GATEWAY PROJECT”

 

Amend the following Sections, as follows:

 

SECTION 4.  On August 28, 2018, the Amendment was approved by a 4-0 vote of the Pawtucket Redevelopment Agency (“PRA”) by Resolution No. 3106 entitled “Resolution of the Pawtucket Redevelopment Agency Approving Pawtucket Redevelopment Plan, Amendment No. 15, Entitled ‘Downtown Gateway Project,’ which is Subject to Final Approval by the City of Pawtucket City Council” (“PRA Resolution No. 3016 3106”).  On October 30, 2018, a revised version of the Amendment was approved by a 4-0 vote of the PRA by Resolution No. 3108 entitled “Resolution of the Pawtucket Redevelopment Agency Approving Pawtucket Redevelopment Plan, Amendment No. 15, Entitled ‘Downtown Gateway Project,’ which is Subject to Final Approval by the City of Pawtucket City Council” (“PRA Resolution No. 3108”).

 

SECTION 6.  The centerpiece of the Amendment will be the financing, construction and development of a recreational facility on the land where the Apex building currently stands (the “Centerpiece Recreational Facility”).

 

SECTION 7. and SECTION 8

 

 

Delete the word “recreational” in both sections.  

recreational

 

SECTION 9.  The Amendment provides that the Centerpiece Facility may be redeveloped by the current owner.  However, at some point, it may become necessary for PRA to acquire the properties either through a consensual sale or through eminent domain. The State and the City are currently working in unison, with a sense of mission, to determine the optimal Centerpiece Recreational Facility to meet these redevelopment goals.

 

SECTION 10. When In the event that the State and the City identify and decide upon the an optimal Centerpiece Recreational Facility to ignite the redevelopment of the Downtown and the Riverway…

 

SECTION 16.  Based on, among other factors, (i) the information and data provided in the Amendment, (ii) the “blight opinions” annexed to the Amendment, (iviii) the testimony of witnesses at the October 10 November 7, 2018 Pawtucket City Council hearing, and (iv) other documents presented to the Pawtucket City Council at the October 10 November 7, 2018 hearing, the Pawtucket City Council hereby finds that the Properties constitute a “blighted and substandard area” pursuant to R.I Gen. Laws § 45-31-8(3) and require clearance, replanning, redevelopment, rehabilitation, or improvement or any combination thereof.

 

SECTION 27.   A hearing on this Ordinance took place on October 10 November 7, 2018 at which the Pawtucket City Council considered, among other things, the Amendment, the report of the City Planning Commission, PRA Resolution No.3106 3108, and the testimony of witnesses.

 

The Public Hearing is adjourned at 8:36 p.m.

 

 

The Public Hearing is convened at 8:36 p.m.

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 3124 OF THE ORDINANCES OF THE CITY OF PAWTUCKET, RHODE ISLAND, AMENDING THE 2017 COMPREHENSIVE PLAN (1085 Central Avenue – AP13 L273)

           

AN ORDINANCE IN AMENDMENT OF CHAPTER 410 0F THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET 1996, ENTITLED “ZONING” (Official Map 1085 Central Avenue – AP13 L273)

 

The Public Hearing is adjourned at 8:41 p.m.

 

 

The Public Hearing is convened at 8:41 p.m.

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 3124 OF THE ORDINANCES OF THE CITY OF PAWTUCKET, RHODE ISLAND, AMENDING THE 2017 COMPREHENSIVE PLAN. (1253 & 1277 Newport Avenue – AP12 L270, 271, 272, 273, 274, 275 and 783)

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET 1996, ENTITLED “ZONING” (1253 & 1277 Newport Avenue – AP12 L270, 271, 272, 273, 274, 275 and 783)

           

The Public Hearing is adjourned at 9:07 p.m.

 

 

THE COUNCIL RECONVENES AT 9:07 P.M.

 

 

 

The reading of the records of the November 20, 2018 City Council and Finance Committee meetings are 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:

 

A.    028      Communication from Michael W. Carroll, President, Barrington Town Council, to the Middletown Town Council.  (Newport Superior Court and Providence Superior Court Decisions Concerning Tobacco Ordinances)

     

B.    590      Communication from His Honor, Mayor Donald R. Grebien, to Director Nicole Anderson Scott, MD, RI Department of Health.  (Memorial Hospital of RI)

     

C.    622      Communication from William Vieira, Acting Director, Zoning & Code Enforcement, to the Honorable Members of the Pawtucket City Council.  (Response – Pre-Council Rodent Control Services)

     

D.                Communication from Eric J. Earls, PE, Director of Public Works, to the Honorable Members of the Pawtucket City Council.  (Automated Trash Collections) IS REFERRED TO THE PUBLIC WORKS COMMITTEE.

     

E.     611      Communication from Joanna L’Heureux, Finance Director, to the Honorable Members of the Pawtucket City Council.  (Pay Plan – Reclassification of Park and Recreation Clerk)

     

F.                 AN ORDINANCE REPEALING AND REPLACING THE SCHEDULE OF PAY RATES FOR LOCAL 1012 IN §88-12 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, (Reclassification – Park and Recreation Clerk) – IS LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE.

     

G.    630      Communication from Robert W. Burns, Tax Assessor, to the Honorable Members of the Pawtucket City Council.  (Auto, Real Estate and Tangible Tax Abatements for July, August, and September, 2018)

     

H.                RESOLUTION AUTHORIZING THE ABATEMENT OF TAXES FOR AUTOMOBILE, REAL ESTATE AND TANGIBLE PERSONAL PROPERTY FOR JULY, AUGUST AND SEPTEMBER 2018 IN THE TOTAL AMOUNT OF $244,947.63 – IS REFERRED TO THE FINANCE COMMITTEE.

     

I.                   Communication from Michael R. Gazdacko, Director of Development/Operations, Hope Artiste Residential Proprietor LLC, to David P. Moran, City Council President, requesting an amendment to the current tax stabilization for 200 Esten Avenue IS REFERRED TO THE FINANCE COMMITTEE.

     

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

Carole J. Aliskevicz - $100.00

Ana Carvalho - $452.29

 

 

 

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 Tina Goncalves, Chief of Police, asking when was the last time there was an audit of the evidence room.

 

 

609      Communication from Christopher Montalto, Engineering Supervisor, Distribution Design, National Grid, to the Honorable Members of the Pawtucket City Council, requesting to install a new Joint Pole on Kenyon Avenue, is READ AND ORDERED FILED and is APPROVED PENDING THE APPROVAL OF THE DIRECTOR OF PUBLIC WORKS.

 

 

 

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

 

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

 

NOES – 0.

 

588   RESOLUTION CONGRATULATING THE TOLMAN HIGH SCHOOL BOYS SOCCER TEAM ON WINNING THE DIVISION I STATE CHAMPIONSHIP.

 

 

THE CHAIR RECOGNIZES COUNCILOR BARRY.

 

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

 

The Clerk is instructed to send a communication to His Honor, Mayor Donald R. Grebien regarding the bikes at CACD.  The council is asking once again about how the bikes were solicited by various organizations to determine who wanted them?  They also wanted to know what was done to try to locate the previous owners of the bikes?

 

The Council is concerned that they have not received a response to their previous communication.

 

 

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

 

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

 

NOES – 0.

 

330   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 (HUMAN RESOURCES ASSISTANT)

 

 

 

THE FOLLOWING AMENDMENT TO THE ORDINANCE ENTITLED “AN ORDINANCE IN AMENDMENT OF CHAPTERS 1810, 1845, 1853, 1899, 1933, 2007, 2037, 2114, 2262, 2496, 2511, 2547 AND 2864 OF THE ORDINANCES OF THE CITY OF PAWTUCKET, APPROVING AMENDMENT NO. 15 TO THE PAWTUCKET REDEVELOPMENT PLAN, ENTITLED THE “DOWNTOWN GATEWAY PROJECT” IS TAKEN UP:

 

 

Amend the following Sections, as follows:

 

SECTION 4.  On August 28, 2018, the Amendment was approved by a 4-0 vote of the Pawtucket Redevelopment Agency (“PRA”) by Resolution No. 3106 entitled “Resolution of the Pawtucket Redevelopment Agency Approving Pawtucket Redevelopment Plan, Amendment No. 15, Entitled ‘Downtown Gateway Project,’ which is Subject to Final Approval by the City of Pawtucket City Council” (“PRA Resolution No. 3016 3106”).  On October 30, 2018, a revised version of the Amendment was approved by a 4-0 vote of the PRA by Resolution No. 3108 entitled “Resolution of the Pawtucket Redevelopment Agency Approving Pawtucket Redevelopment Plan, Amendment No. 15, Entitled ‘Downtown Gateway Project,’ which is Subject to Final Approval by the City of Pawtucket City Council” (“PRA Resolution No. 3108”).

 

SECTION 6.  The centerpiece of the Amendment will be the financing, construction and development of a recreational facility on the land where the Apex building currently stands (the “Centerpiece Recreational Facility”).

 

SECTION 7. and SECTION 8

Delete the word “recreational” in both sections.  

recreational

 

SECTION 9.  The Amendment provides that the Centerpiece Facility may be redeveloped by the current owner.  However, at some point, it may become necessary for PRA to acquire the properties either through a consensual sale or through eminent domain. The State and the City are currently working in unison, with a sense of mission, to determine the optimal Centerpiece Recreational Facility to meet these redevelopment goals.

 

 

SECTION 10. When In the event that the State and the City identify and decide upon the an optimal Centerpiece Recreational Facility to ignite the redevelopment of the Downtown and the Riverway…

 

SECTION 16.  Based on, among other factors, (i) the information and data provided in the Amendment, (ii) the “blight opinions” annexed to the Amendment, (iviii) the testimony of witnesses at the October 10 November 7, 2018 Pawtucket City Council hearing, and (iv) other documents presented to the Pawtucket City Council at the October 10 November 7, 2018 hearing, the Pawtucket City Council hereby finds that the Properties constitute a “blighted and substandard area” pursuant to R.I Gen. Laws § 45-31-8(3) and require clearance, replanning, redevelopment, rehabilitation, or improvement or any combination thereof.

 

SECTION 27.   A hearing on this Ordinance took place on October 10 November 7, 2018 at which the Pawtucket City Council considered, among other things, the Amendment, the report of the City Planning Commission, PRA Resolution No.3106 3108, and the testimony of witnesses.

 

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

 

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

 

NOES – 0.

 

 

 

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

 

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

 

NOES – 0.

 

AN ORDINANCE IN AMENDMENT OF CHAPTERS 1810, 1845, 1853, 1899, 1933, 2007, 2037, 2114, 2262, 2496, 2511, 2547 AND 2864 OF THE ORDINANCES OF THE CITY OF PAWTUCKET, APPROVING AMENDMENT NO. 15 TO THE PAWTUCKET REDEVELOPMENT PLAN, ENTITLED THE “DOWNTOWN GATEWAY PROJECT” AS AMENDED.

 

 

 

 

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

 

AYES – President Moran, Councilors Araujo, Barry, 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” (Addition to Historic District 71-73 Alfred Stone Road, AP66A, LOT 842)

 

 

THE CHAIR RECOGNIZES COUNCILOR MERCER.

 

Upon motion made by Councilor Mercer, seconded by Councilors Rudd and Wildenhain, the agenda is amended to include the following communication:

 

592   Communication from Jay Rosa, Assistant Director of Planning & Redevelopment, to the Honorable Members of the Pawtucket City Council.  (Planning Commission Approval of the Table of Use Changes for the Commercial Downtown District)

 

Upon motion made by Councilor Mercer, seconded by Councilors Rudd and Wildenhain, the following communication is READ AND ORDERED FILED:

 

Communication from Jay Rosa, Assistant Director of Planning & Redevelopment, to the Honorable Members of the Pawtucket City Council.  (Planning Commission Approval of the Table of Use Changes for the Commercial Downtown District)

 

 

THE FOLLOWING ORDINANCE, FOR FIRST PASSAGE, IS TAKEN UP:

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ZONING” (Change in the Table of Use Regulations Pertaining to the Commercial Downtown District)

 

 

 

THE CHAIR RECOGNIZES COUNCILOR MERCER.

 

Upon motion made by Councilor Mercer, seconded by Councilors Araujo and Kallman, the following amendment is introduced:

 

Delete the proposed change below from this ordinance.

 

9.	Business Services
B.	Equipment rental and leasing and automotive rental and leasing (5322, 5321)	Y N

 

Upon motion made by Councilor Mercer, seconded by Councilors Araujo and Kallman, the following amendment is APPROVED on a roll call vote, as follows:

 

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

 

NOES – Councilor Barry.

 

Delete the proposed change below from this ordinance.

 

9.	Business Services
B.	Equipment rental and leasing and automotive rental and leasing (5322, 5321)	Y N

 

 

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

 

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

 

NOES – Councilor Barry.

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ZONING” (Change in the Table of Use Regulations Pertaining to the Commercial Downtown District) AS AMENDED.

 

 

 

592   Communication from Anthony Hebert, Senior Planner, to the Honorable Members of the Pawtucket City Council.  (Planning Commission’s Recommendation for Approval – 1085 Central Avenue Rezoning Request) is READ AND ORDERED FILED.

 

 

 

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

 

AYES – President Moran, Councilors Araujo, Barry, Kallman, Mercer, Rudd, Tetreault, Vitali and 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 (1085 Central Avenue – AP13 L273)

 

 

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

 

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

 

NOES – 0.

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 410 0F THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET 1996, ENTITLED “ZONING” (Official Map 1085 Central Avenue – AP13 L273)

 

 

592   Communication from Anthony Hebert, Senior Planner, to the Honorable Members of the Pawtucket City Council.  (Planning Commission’s Recommendation for Approval – 1253 & 1277 Newport Avenue Rezoning Request) is READ AND ORDERED FILED.

 

 

 

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

 

AYES – President Moran, Councilors Araujo, Barry, Kallman, Mercer, Rudd, Tetreault, Vitali and 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. (1253 & 1277 Newport Avenue – AP12 L270, 271, 272, 273, 274, 275 and 783)

 

 

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

 

AYES – President Moran, Councilors Araujo, Barry, 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” (1253 & 1277 Newport Avenue – AP12 L270, 271, 272, 273, 274, 275 and 783)

 

 

 

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 Araujo, Barry, Kallman, Mercer, Rudd, Tetreault, Vitali and Wildenhain.

 

NOES – 0.

 

Rhonda Clinton – $1,600.00

Pauline Sylvia – $388.90

Jonathan Acosta - $300.00

Dimitri Lyssikatos - $910.64

 

 

 

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE LEGAL DEPARTMENT AND THE RI INTERLOCAL TRUST FOR FURTHER REVIEW, ON A UNANIMOUS VOICE VOTE:

 

Alexander Danso - $72,285.91/$74,332.79

Frank Hazard & Brenda Wallace Lester by Monica Horan, Esq. – No Amount Specified

Marie Beaucage by Charles J. Vucci, Esq.  - $100,000.00

Kristen Henderson by Robert J. Levine, Esq. – No Amount Specified

Lateesha Rainey by Charles J. Vucci, Esq. - $100,000.00

 

 

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE POSTPONED ON A UNANIMOUS VOICE VOTE:

 

 

Christina Bento (4-25-2018) – No Amount Specified

Christina Bento (10-24-2018) – No Amount Specified

Steven I. Cohen - $950.29

 

 

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

 

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

 

NOES – 0.

 

William M. Greenwood - $254.35

 

 

THE FOLLOWING CLAIM FOR DAMAGES AGAINST IS NOT TAKEN UP, ON A VOICE VOTE:

 

Kathleen Forant - $700.00+

 

Councilor Vitali recuses himself based on his statement that he is the claimant’s landlord.

 

 

Upon motion made by Councilor Barry, seconded by Councilor Wildenhain, the meeting is adjourned at 9:50 p.m. in memory of former President George H. W. Bush and former Public Works employee, Ronald Hatch.