City Council, March 7, 2018

 

 

A regular session of the Pawtucket City Council is held Wednesday, March 7, 2018, at 7:16 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 February 21, 2018 records of the City Council, City Property Committee, Ordinance Committee, and Public Safety Committee, is 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.    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 January 31, 2018)

           

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

           

C.    Communication from Susan Mara, Executive Director, Pawtucket Redevelopment Agency, to the Honorable Members of the Pawtucket City Council.  (Update – Middle Street Redevelopment Parcels RFP)

           

D.    Communication from Joel J. Votolato, Esq., to David P. Moran, President, Pawtucket City Council.  (Response - Liability for Closure and Clean-Up of Grotto Avenue Transfer Station)

           

E.     **Communication from Shaun Strobel, Treasurer/Tax Collector, to the Pawtucket City Council.  (Response – Delinquent Motor Vehicle Taxes)

           

F.     Communication from Patricia DiCenso, Superintendent of Schools, to the Honorable Members of the Pawtucket City Council.  (Response – School Security)

           

G.    Communication from Frank J. Milos, Jr., Esq., City Solicitor, to David P. Moran, President, Pawtucket City Council.  (Response – Outside Legal Fees regarding Transfer Station)

           

H.    Communication from Melissa Devine, CFO, Pawtucket School Department to His Honor, Mayor Donald R. Grebien.  (Easement with National Grid for Nathanael Greene School) is REFERRED TO THE CITY PROPERTY COMMITTEE.

           

I.       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, THIS ORDINANCE IS LAID ON THE TABLE AND A PUBLIC HEARING IS SET FOR MARCH 21, 2018.

           

J.      AN ORDINANCE IN AMENDMENT OF 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 - UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE, THIS ORDINANCE IS LAID ON THE TABLE AND A PUBLIC HEARING IS SET FOR MARCH 21, 2018.

           

K.    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 - UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE, THIS ORDINANCE IS LAID ON THE TABLE AND A PUBLIC HEARING IS SET FOR MARCH 21, 2018.

           

L.     RESOLUTION AUTHORIZING THE ABANDONMENT OF A PORTION OF THE RIGHT OF WAY ON NEWPORT AVENUE, ENCOMPASSING APPROXIMATELY 93 SQUARE FEET OF LAND – UPON RECOMMENDATION OF THE CITY PROPERTY COMMITTEE A PUBLIC HEARING IS SET FOR MARCH 21, 2018.

           

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

Marc Conway - $979.40

Annette Dussault – No Amount Specified

Wanda Hernandez - $1,465.32/$1,644.42

Jasmine Melo - $231.81

Caitlin Molina - $178.45

Amy Whalen, Progressive Direct Insurance Company - $19,000.00

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

 

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

 

 

THE CHAIR RECOGNIZES COUNCILOR KALLMAN.

 

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

 

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

 

Upon motion made by Councilor Kallman, seconded by Councilor Cano, the following ordinance is LAID ON THE TABLE and REFERRED TO THE ORDINANCE COMMITTEE AND SUBSTANCE ABUSE/DARE FUND COMMITTEE on a unanimous voice vote:

 

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

 

 

 

UPON UNANIMOUS CONSENT OF THE COUNCIL, THE COUNCIL TAKES UP THE FOLLOWING RESOLUTION AT THIS TIME:

 

RESOLUTION IN SUPPORT OF 2018-H 7501 AND 2018-S 2419 ENTITLED “AN ACT RELATING TO ELECTIONS – CONDUCT OF ELECTION AND VOTING EQUIPMENT, AND SUPPLIES” (Early Voting)

 

 

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.

 

RESOLUTION IN SUPPORT OF 2018-H 7501 AND 2018-S 2419 ENTITLED “AN ACT RELATING TO ELECTIONS – CONDUCT OF ELECTION AND VOTING EQUIPMENT, AND SUPPLIES” (Early Voting)

 

 

 

THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.

 

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

 

Communication from David Clemente, Purchasing Agent, to the Honorable Members of the Pawtucket City Council.   (Response – RFP Process for Grotto Avenue Transfer Station)

 

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

 

Communication from David Clemente, Purchasing Agent, to the Honorable Members of the Pawtucket City Council.   (Response – RFP Process for Grotto Avenue Transfer Station)

 

 

 

THE CHAIR RECOGNIZES COUNCILOR RUDD.

 

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

 

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

 

NOES - 0.

 

The Clerk is instructed to send a communication to David Clemente, Purchasing Agent, requesting that he attend a pre-council meeting every second Council meeting of the month for three months beginning this month to update the Council on the RFP process for the Grotto Avenue Transfer Station.

 

 

 

THE CHAIR RECOGNIZES COUNCILOR BARRY.

 

With majority consent of the Council, the following motion made by Councilor Barry, seconded by Councilor Kallman is PASSED on a roll call vote, as follows:

 

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

 

NOES – Councilors Mercer, Tetreault, and Rudd.

 

The Clerk is instructed to send a communication to David Clemente, Purchasing Agent, requesting that that he accommodate the three-month timeframe for the RFP process for the Grotto Avenue Transfer station that the Council requested.   The Council also asks how long it took  to come to an agreement with Link Environmental for the Concord Street location.

 

 

 

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, Rudd, Tetreault, and Vitali.

 

NOES – Councilors Mercer and Wildenhain.

 

RESOLUTION OF THE CITY COUNCIL CONVEYING AN EASEMENT FOR A PORTION OF EXCHANGE COURT TO FULLER MILL REALTY LLC

 

 

 

 

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.

 

RESOLUTION IN SUPPORT OF ARTICLE 5 OF 2018-H 7200, THE $250 MILLION BALLOT QUESTION FOR RHODE ISLAND SCHOOL BUILDINGS.

 

 

 

 

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

 

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

 

NOES - 0.

 

ABSTENTION – Councilor Mercer.

 

Councilor Mercer abstains based on his statement that he is employed by the Public Utilities Commission (Report Filed)

 

RESOLUTION REQUESTING THAT THE PUBLIC UTILITIES COMMISSION DENY THE REQUEST OF NATIONAL GRID FOR A $45 MILLION INCREASE IN ELECTRICITY AND GAS RATES.

 

 

 

 

THE CHAIR RECOGNIZES COUNCILOR RUDD.

 

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

 

The Clerk is instructed to send a communication to Dylan Zelazo, Deputy Director of Administration and Acting Public Works Director and William Vieira, Assistant Director of Public Works/Operations Manager, requesting an update on the purchase of the streetlights from National Grid.

 

 

 

THE CHAIR RECOGNIZES COUNCILOR CANO.

 

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

 

Communication from Jarod Chelo to the Honorable Members of the Pawtucket City Council.  (Grotto Avenue Transfer Station – Cassisi Brothers)

 

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

 

Communication from Jarod Chelo to the Honorable Members of the Pawtucket City Council.  (Grotto Avenue Transfer Station – Cassisi Brothers)

 

 

 

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, Cano, Kallman, Mercer, Rudd, Tetreault, Vitali and Wildenhain.

 

NOES - 0.

 

Nichole Good – $250.00

 

 

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, Cano, Kallman, Mercer, Rudd, Tetreault, Vitali and Wildenhain.

 

NOES - 0.

 

Veber Teixeira by Progressive Insurance - $2,560.29

Moses Fortes - $993.98

Kim Lamontagne – No Amount Specified (Property to be fixed by DPW in the spring)

 

 

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:

 

Jane Doe by Joseph S. Votta, Jr., 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 THE PAWTUCKET WATER SUPPLY BOARD, ON A UNANIMOUS VOICE VOTE:

 

Antonios Tsamourtzis - $280.75

 

 

 

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

 

 

William A. Bartoli by Richard A. Sinapi, Esq. - $20,000.00

 

 

 

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:

 

Scott Arnold by Wayne G. Resmini, Esq. - $100,000.00

Lori Avallone by Richard P. Brederson, Esq. – No Amount Specified

Joseph Drazek - $18,903.00

Nancy McGuigon by Claude F. LeFebvre, Esq. – No Amount Specified

Karen Roy by James P. Howe, Esq. - No Amount Specified

 

 

 

 

Upon motion made by Councilor Wildenhain, seconded by the entire City Council, the meeting is adjourned at 8:14 p.m. in memory of Bob Howe, former Pawtucket Fire Lieutenant.