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City Council, February 7, 2018
A regular session of the Pawtucket City Council is held Wednesday, February 7, 2018, at 7:05 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 January 24, 2018 records of the City Council, Public Works/Cemeteries Committee and City Property Committee, is dispensed with and the records are APPROVED as prepared by the Clerk.
THE CHAIR RECOGNIZES COUNCILOR MERCER.
Upon motion made by Councilor Mercer, seconded by Councilor Barry, the agenda is amended to include the following communication:
028 Communication from John T. Gannon, Associate Municipal Court Judge, to the Honorable Members of the Pawtucket City Council. (Requesting Reappointment as Associate Municipal Court Judge)
Upon motion made by Councilor Mercer, seconded by Councilor Barry, the following communication is READ AND ORDERED FILED:
Communication from John T. Gannon, Associate Municipal Court Judge, to the Honorable Members of the Pawtucket City Council. (Requesting Reappointment as Associate Municipal Court Judge)
Upon motion made by Councilor Mercer seconded by Councilor Rudd, the *Consent Agenda is APPROVED, on a unanimous voice vote.
*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:
| 028 | A. | Communication from Donna M. Nesselbush, to Council President David P. Moran. (Requesting Reappointment as Chief Judge of Municipal Court) |
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| 611 | B. | Communication from Jeannine S. Bourski, Deputy Finance Director, to Mayor Donald R. Grebien. (Uniform Overtime FY18) |
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| 611 | C. | Communication from Jeannine S. Bourski, Deputy Finance Director, to Mayor Donald R. Grebien. (FY18 Medical Fund Report) |
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| 061 | D. | Communication from 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, 2017 through December 31, 2017) |
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| 017 | E. | Communication from Joanna L’Heureux, Finance Director, to the Honorable Members of the City Council (Audit Report for Fiscal Year Ended June 30, 2017) |
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| 592 | F. | Communication from Jay Rosa, Senior Planner, Planning and Redevelopment, to the Pawtucket City Council (Hazard Mitigation Plan – Update) |
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| 590 | G. | Communication from His Honor, Mayor Donald R. Grebien and His Honor, Mayor James A. Diossa, of Central Falls, to Nicole Anderson Scott, MD, Director, Rhode Island Department of Health. (Requesting a Status Regarding Other Services at Memorial Hospital) |
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| 028 | H. | Communication from Kerin L. Browning, Esq., Moses Afonso Ryan, LTD on behalf of Amalgamated Finanical Group IV, LP, to Michelle R. Hardy, CMC, Deputy City Clerk. (Extension for Zoning Hearing Deadline – Beverage Hill Avenue) |
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| 028 | I. | Communication from Carol Smith, Simpson’s Pharmacy, to David P. Moran, President, Pawtucket City Council. (Traffic Concerns Regarding the Redevelopment of Narragansett Plaza) |
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| **613 | J. | Communication from Frank J. Milos, Jr., Esq., to Councilor Timothy P. Rudd, Jr. (Response – Pawtucket Transfer Station) |
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| **028 | K. | Communication from Jeffrey H. Gladstone, Partridge Snow & Hahn, LLP, to Frank J. Milos, Jr., Esq. (Pawtucket Transfer Station) |
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| 590 | L. | Communication from Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council (Response – Hassenfeld Institute for Public Leadership) |
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| 624 | M. | Communication from David Clemente, Purchasing Agent, to the Honorable Members of the Pawtucket City Council. (Response – No Bid Requirement for Link Environmental) |
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| 650 | N. | Communication from Andrew Silvia, PE, Chief of Project Development to the Honorable Members of the Pawtucket City Council. (Response – School Traffic Flow Meetings) |
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| 1 | O. | Communication from Tina Goncalves, Chief of Police, to City Council President David P. Moran. (Response – Sam’s Food Store, 151 Benefit Street) |
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| 590 | P. | Communication from Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council (Response – Opioid Lawsuit) |
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| | Q. | AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ZONING” (Little Free Libraries) – IS LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE. |
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| | R. | THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS: Scott Arnold by Wayne G. Resmini, Esq. - $100,000.00 William A. Bartoli by Richard A. Sinapi, Esq. - $20,000.00 Joseph Drazek - $18,903.00 Moses Fortes - $993.98 Kim Lamontagne – No Amount Specified Nancy McGuigon by Claude F. LeFebvre, Esq. – No Amount Specified Veber Teixeira by Progressive Insurance - $2,560.29 |
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| ** | | TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY, NO OTHER ACTION TAKEN. |
THE CHAIR RECOGNIZES COUNCILOR RUDD.
With majority consent of the Council, the following motion made by Councilor Rudd, seconded by Councilor Mercer, is PASSED on a unanimous voice vote:
The Clerk is instructed to schedule an Ordinance Committee meeting to discuss updating the Code of Ordinances to eliminate all outdated references to administrative officials no longer filled in the city and replace them with the appropriate officials who have taken on those responsibilities in the ordinances.
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, requesting that he review all of the ordinances in the Code of Ordinances to eliminate all outdated references to administrative officials no longer filled in the city and replace them with the appropriate officials who have taken on those responsibilities in the ordinances. The ordinance committee is looking to update the Code of Ordinances in this regard.
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 Dylan Zelazo, Deputy Director of Administration, requesting the status of the new contract for the transfer station and asking when it will be submitted to the City Council.
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., City Solicitor, asking how much money has been spent for outside legal services regarding the transfer station.
609 Communication from Jason Mazzola, Engineering Supervisor, Distribution Design, National Grid, to the Honorable Members of the Pawtucket City Council, requesting to install a new pole on Saratoga Avenue, IS APPROVED PENDING THE APPROVAL OF THE PUBLIC WORKS DEPARTMENT.
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
Upon motion made by Councilor Wildenhain, seconded by Councilor Barry, the agenda is amended to include the following communication:
591 Communication from Mark J. Wildenhain, Councilor 2nd District, to Dylan Zelazo, Deputy Director of Administration and Acting Director of Public Works. (Speeding Signs in School Safety Zones)
Upon motion made by Councilor Wildenhain, seconded by Councilor Barry, the following communication is READ AND ORDERED FILED:
Communication from Mark J. Wildenhain, Councilor 2nd District, to Dylan Zelazo, Deputy Director of Administration and Acting Director of Public Works. (Speeding Signs in School Safety Zones)
THE CHAIR RECOGNIZES COUNCILOR MERCER.
With majority consent of the Council, the following motion made by Councilor Mercer, on behalf of Council President Moran, seconded by Councilor Wildenhain, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to David Clemente, Purchasing Agent, requesting the background and current status on the use of red light/traffic cameras. When were the red light/traffic cameras first discussed? When and why did it recently come back for discussion? Are there studies on the project? How much is the city looking to spend? Is there a plan to implement the cameras? What is the council’s role on this project?
The Clerk is further instructed to send a communication to Frank J. Milos, Jr., City Solicitor, inquiring the need for an ordinance to implement the use of red light/traffic cameras.
The Clerk is further instructed to send a communication to Tina Goncalves, Chief of Police, and Susan Mara, Director of Planning and Redevelopment, asking if either the police department or planning department have done a study on traffic safety to determine if the benefits of using red light/traffic cameras are worth spending the money on the cameras?
Communication from His Honor, Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council, submitting the following appointment as a member of the Public Library Trustees Board, for CONFIRMATION:
PUBLIC LIBRARY BOARD OF TRUSTEES
589 Howard S. Abramson, 10 Exchange Court, #618, Pawtucket, RI 02860. Term expires the 1st Monday in January 2019. To fill the unexpired term of Mary Ellen Siniak, 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.
PUBLIC LIBRARY BOARD OF TRUSTEES
Howard S. Abramson, 10 Exchange Court, #618, Pawtucket, RI 02860. Term expires the 1st Monday in January 2019. To fill the unexpired term of Mary Ellen Siniak.
THE FOLLOWING MATTER IS TAKEN UP:
ELECTION OF CITY OFFICER:
MUNICIPAL COURT JUDGE (3-YEAR TERM)
THE CHAIR RECOGNIZES COUNCILOR BARRY.
Upon motion made by Councilor Barry, seconded by the Entire City Council, the name of DONNA M. NESSELBUSH is placed in nomination to serve as the Municipal Court Judge.
With no other nominations offered, DONNA M. NESSELBUSH IS ELECTED MUNICIPAL COURT JUDGE (Three-Year Term) on a roll call vote, as follows:
AYES – President Moran, Councilors Barry, Cano, Kallman, Mercer, Rudd, Tetreault, Vitali and Wildenhain.
OTHERS - 0.
THE FOLLOWING MATTER IS TAKEN UP:
ELECTION OF CITY OFFICER:
ASSOCIATE MUNICIPAL COURT JUDGE (3-YEAR TERM)
THE CHAIR RECOGNIZES COUNCILOR MERCER
Upon motion made by Councilor Mercer, seconded by the Entire City Council, the name of JOHN T. GANNON is placed in nomination to serve as the Associate Municipal Court Judge.
With no other nominations offered, JOHN T. GANNON IS ELECTED ASSOCIATE MUNICIPAL COURT JUDGE (Three-Year Term) on a roll call vote, as follows:
AYES – President Moran, Councilors Barry, Cano, Kallman, Mercer, Rudd, Tetreault, Vitali and Wildenhain.
OTHERS - 0.
THE FOLLOWING RESOLUTION, SUBMITTED BY THE CITY PROPERTY COMMITTEE WITH THE RECOMMENDATION FOR APPROVAL, IS TAKEN UP:
RESOLUTION AUTHORIZING THE FINANCE DIRECTOR TO EXECUTE A DEED FOR CONSIDERATION OF $10,000 CONVEYING AP52 L23 ON MERRICK STREET TO NICHOLAS AND ERICA BARROS.
THE CHAIR RECOGNIZES COUNCILOR KALLMAN.
Upon motion made by Councilor Kallman, seconded by Councilors Barry and Vitali, the following amendments to the above-entitled resolution are introduced:
Amend the following:
RESOLUTION AUTHORIZING THE FINANCE DIRECTOR TO EXECUTE A DEED FOR CONSIDERATION OF UP TO $10,000 CONVEYING AP52 L23 ON MERRICK STREET TO NICHOLAS AND ERICA BARROS
WHEREAS, it has been recommended by the City Council City Property Committee that the subject property be sold to the Petitioners for the agreed upon sum up to of $10,000.00, with the understanding that there shall be no building on the property and that ownership of the property shall revert to the City of Pawtucket if the repaving and fencing of the property is not complete within 24 months.
NOW, THEREFORE, BE IT RESOLVED, THAT THE PAWTUCKET CITY COUNCIL, UPON THE RECOMMENDATION OF THE CITY COUNCIL CITY PROPERTY COMMITTEE AND THE CITY PLANNING COMMISSION, DOES HEREBY AUTHORIZE AND EMPOWER THE FINANCE DIRECTOR OF THE CITY OF PAWTUCKET, TO EXECUTE ON BEHALF OF THE CITY OF PAWTUCKET, IN CONSIDERATION OF up to $10,000.00, A DEED CONVEYING TO NICHOLAS AND ERICA BARROS THE CITY-OWNED PROPERTY CURRENTLY REFERENCED IN THE CITY OF PAWTUCKET, TAX ASSESSOR'S OFFICE AS ASSESSOR'S PLAT 52, LOT 23 ENCOMPASSING AN AREA OF SOME THREE THOUSAND TWO HUNDRED (3,200 SQ. FT.) SQUARE FEET, WHICH IS SITUATED ON MERRICK STREET IN THE CITY OF PAWTUCKET, RHODE ISLAND.
Upon motion made by Councilor Kallman seconded by Councilor Barry, the above amendments are APPROVED on a roll call vote, as follows:
AYES – President Moran, Councilors Barry, Cano, Kallman, Mercer, Rudd, Tetreault, Vitali and Wildenhain.
NOES – 0.
Upon motion made by Councilor Kallman, seconded by Councilor Barry, the following resolution is READ AND PASSED, AS AMENDED, 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 FINANCE DIRECTOR TO EXECUTE A DEED FOR CONSIDERATION OF UP TO $10,000 CONVEYING AP52 L23 ON MERRICK STREET TO NICHOLAS AND ERICA BARROS, AS AMENDED.
THE CHAIR RECOGNIZES COUNCILOR KALLMAN.
With majority consent of the Council, the following motion made by Councilor Kallman, seconded by Councilor Rudd, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Tina Goncalves, Chief of Police, requesting an increase in traffic enforcement at Hope Artiste Village on Saturday mornings from 8:00 a.m. to 2:00 p.m., to help alleviate parking issues at that location. The Council is requesting a report on the results of the increased enforcement after four weeks.
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, Kallman, Mercer, Rudd, Tetreault, Vitali and Wildenhain.
NOES - 0.
588 &
635 RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A TWO-YEAR LEASE AGREEMENT WITH NEXUS PROPERTY MANAGEMENT, LLC, FOR USE OF THE PARKING LOT ON SUMMER STREET FOR USE BY THE LIBRARY (AP43 L629)
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 EXPRESSING THE COUNCIL’S CONDOLENCES ON THE PASSING OF FORMER POLICE OFFICER JOHN BROWN JR.
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 CHAPTER 367 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “TOWING” (Tow Policy)
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.
Jeffrey Cabral - $300.00
Ashley Glode - $195.38
Antonio Silva - $564.00
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.
Patricia Almeida - $313.70
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 SCHOOL DEPARTMENT, ON A UNANIMOUS VOICE VOTE:
Joao N. Brito-Nunes by Charles J. Vucci, Gemma Law - $100,000.00
Upon motion made by Councilor Mercer, seconded by Councilor Barry, the meeting is adjourned at 7:44 p.m.