City Council, June 6, 2018

 

 

A regular session of the Pawtucket City Council is held Wednesday, June 6, 2018, at 7:31 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI. 

 

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

 

Absent – Councilors Kallman and Mercer.

 

President Moran presides.

 

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

 

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 OVERLAY)

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “ZONING” (Little Free Libraries)

 

 

THE COUNCIL RECONVENES AT 7:44 P.M.

 

 

The reading of the records of the May 15, 2018 Finance Committee meeting and Budget Workshop Session; the May 16, 2018 Budget Workshop Session; and the May 23, 2018 City Council meeting, Committee on Claims and Pending Suits, and Finance Committee/Committee of the Whole, is dispensed with and the records are APPROVED as prepared by the Clerk.

 

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

 

*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:

 

028      A.     Communication from Louise R. Phaneuf, Burrillville Town Clerk, to RI City & Town Clerks.  (Resolution in Support of H-8120A and S-2905 Amendments to RIGL §42-98 Energy Facility Siting Act)

 

028      B.     Resolution from the Town of Jamestown in Opposition of the Proposed Inclusion of the North Atlantic Region in the 2019-2024 National Outer Continental Shelf Oil and Gas Leasing Program.

 

028      C.     Communication Kerry Bogdan, Risk Analysis Branch Chief, Mitigation Division, FEMA Region I, to His Honor, Mayor Donald R. Grebien.  (Blackstone Watershed – FEMA’s Risk MAP Program)

           

**590  D.     Communication from His Honor, Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council.  (Appointment of Eric Earls as Public Works Director)

           

592      E.      Communication from Susan Mara, Director of Planning and Redevelopment, to the Honorable Members of the Pawtucket City Council.  (Reappointment of Jay Rosa, Assistant Director, Planning & Redevelopment, to serve on the Arts Panel Review Committee)

 

3          F.      Communication from Patricia DiCenso, Superintendent of Schools, to Michelle R. Hardy, CMC, Deputy City Clerk.  (Reappointment of Ricardo Pimental to serve on the Arts Panel Review Committee)

 

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

Cesilia Contreras - $28,069.17/$29,069.17

Dilia Mello - $3,525.00

Ana Minaya, by Liberty Mutual Insurance Co. - $8,353.71

Astrid Norena – Pending Estimates

Mark Ryan - $131.32

Nicole Vinagre - $304.21/$350.23

 

           

**        TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY, NO OTHER ACTION TAKEN.

 

COUNCIL PRESIDENT MORAN APPOINTS COUNCILOR MEGHAN KALLMAN AS THE COUNCIL MEMBER TO SERVE ON THE ARTS PANEL REVIEW COMMITTEE.  Term Expires June 1, 2019.

 

 

THE CHAIR RECOGNIZES COUNCILOR BARRY.

 

Upon motion made by Councilor Barry, seconded by Councilor Rudd, the agenda is amended to include the following communication on a unanimous voice vote:

 

590   Communication from His Honor, Mayor Donald R. Grebien, to Representative Marvin L. Abney, Chair, House Finance Committee.  (Support of H-8245 & H8242 regarding The Hospital Closure Transition Act and Alternative Payment Incentive for Certain Eligible Hospitals)

 

Upon motion made by Councilor Barry, seconded by Councilor Rudd, the following communication is READ AND ORDERED FILED on a unanimous voice vote:

 

Communication from His Honor, Mayor Donald R. Grebien, to Representative Marvin L. Abney, Chair, House Finance Committee.  (Support of H-8245 & H8242 regarding The Hospital Closure Transition Act and Alternative Payment Incentive for Certain Eligible Hospitals)

 

 

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

 

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

 

NOES – 0.

 

588   RESOLUTION SUPPORTING 2018-H 8245, “AN ACT RELATING TO HEALTH AND SAFETY – HOSPITAL CLOSURE TRANSITION ACT” AND ITS SENATE COUNTERPART

 

 

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

 

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

 

NOES – 0.

 

588   RESOLUTION SUPPORTING 2018-H 8242, “AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT – HEALTH AND SAFETY – ALTERNATIVE PAYMENT INCENTIVE FOR CERTAIN ELIGIBLE HOSPITALS” AND ITS SENATE COUNTERPART

 

 

 

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, Rudd, Tetreault, Vitali and Wildenhain.

 

NOES – 0.

 

588   RESOLUTION SELECTING BLUM SHAPIRO & COMPANY, PC, TO PREPARE THE AUDIT FOR THE CITY OF PAWTUCKET FOR FISCAL YEARS 2018, 2019, 2020, IN THE TOTAL AMOUNT OF $216,130, TO PREPARE THE AUDIT FOR THE PAWTUCKET WATER SUPPLY BOARD FOR FISCAL YEARS 2018, 2019, AND 2020, IN THE TOTAL AMOUNT OF $100,550, AND TO PREPARE THE AUDIT FOR THE SCHOOL DEPARTMENT UNIFORM CHART OF ACCOUNTS FOR FISCAL YEARS 2018, 2019, 2020, IN THE TOTAL AMOUNT OF $19,750 SUBJECT TO THE APPROVAL OF THE RHODE ISLAND AUDITOR GENERAL.

 

 

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

 

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

 

NOES – 0.

 

330   ANNUAL OPERATING BUDGET ORDINANCE 2018-2019

 

 

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

 

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

 

NOES – 0.

 

330   CAPITAL BUDGET ORDINANCE 2018-2019

 

 

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

 

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

 

NOES – 0.

 

330   CAPITAL IMPROVEMENT PROGRAM ORDINANCE 2019-2023

 

 

THE CHAIR RECOGNIZES COUNCILOR RUDD.

 

Upon motion made by Councilor Rudd, seconded by Councilor Barry, the agenda is amended to include the following communication on a unanimous voice vote:

 

Communication from Frank J. Milos, Jr., Esq., City Solicitor, to Council President David Moran.  (Response – MTG Contract – Interpretation of Section 4.2 of Request for Proposal)

 

Upon motion made by Councilor Rudd, seconded by Councilor Barry, the following communication is READ AND ORDERED FILED and REQUESTED TO BE PLACED ON THE CONSENT AGENDA FOR JUNE 20, 2018:

 

Communication from Frank J. Milos, Jr., Esq., City Solicitor, to Council President David Moran.  (Response – MTG Contract – Interpretation of Section 4.2 of Request for Proposal)

 

 

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 the legal opinion from Frank J. Milos, Jr., Esq., City Solicitor, on the MTG Contract and the Interpretation of Section 4.2 of the RFP to the City Council’s Attorney, Joel Votolato, Esq., for his legal opinion.

 

 

THE CHAIR RECOGNIZES COUNCILOR RUDD.

 

Upon motion made by Councilor Rudd, seconded by Councilor Barry, the agenda is amended to include the following communication on a unanimous voice vote:

 

590   Communication from His Honor, Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council.  (Fuss & O’Neill Assessment Report – Grotto Avenue Transfer Station)

 

Upon motion made by Councilor Rudd, seconded by Councilor Barry, the following communication is READ AND ORDERED FILED:

 

Communication from His Honor, Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council.  (Fuss & O’Neill Assessment Report – Grotto Avenue Transfer Station)

 

 

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, asking if Mr. Vinagro has hold Link Environmental, and if so, would the City need a new agreement with the new owners.

 

 

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

 

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

 

NOES – 0.

 

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 OVERLAY)

 

 

THE CHAIR RECOGNIZES COUNCILOR RUDD.

 

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

 

The Clerk is instructed to send a communication to William Vieira, Assistant Director of Public Works/Operations Manager, requesting that scheduled clean-ups be conducted four time per year in each Council district.   The Council is also requesting a clean-up of the weeds on Smithfield Avenue and Power Road.

 

 

City Council, June 6, 2018

 

 

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 an opinion of what the legal recourse would be to get the liquidated damages from Link Environmental for failure to build the access road at the Grotto Avenue transfer station.

 

 

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

 

AYES – President Moran, Councilors Barry, 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” (Little Free Libraries)

 

THE CHAIR RECOGNIZES COUNCILOR VITALI.

 

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

 

The Clerk is instructed to send a communication to the RI Department of Transportation, thanking them and congratulating them on the renovations to the Division Street Bridge.

 

 

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, Rudd, Tetreault, Vitali and Wildenhain.

 

NOES – 0.

 

Marialana Wilkinson – $1,714.19 Balance of Claim

 

 

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

 

Robert Goff by David S. Francazio, Esq. - $30,088.00

June Aronson – No Amount Specified

 

 

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS POSTPONED PENDING A RESPONSE FROM THE CLAIMANTS HOMEOWNERS INSURANCE COMPANY, ON A UNANIMOUS VOICE VOTE:

 

Jamie DeGrace - $8,625.00

 

 

Upon motion made by Councilor Barry, seconded by the Councilor Wildenhain, the meeting is adjourned at 8:10 p.m.