City Council, May 9, 2018

 

 

A regular session of the Pawtucket City Council is held Wednesday, May 9, 2018, at 7:36 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI. 

 

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

 

Absent – 0.

 

President Moran presides.

 

 

The reading of the records of the April 25, 2018 City Council meeting, City Property Committee meeting, Ordinance Committee meeting and Public Works/Cemetery Committee meeting, 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:

 

028      A.        Communication from Jennifer M. West, Portsmouth Town Clerk, to RI City and Town Clerks.  (Support for Google Funds to Rhode Island Public Schools)

           

592      B.        Communication from Susan Mara, Director of Planning and Redevelopment and Edward Soares, Community Development Program Manager. (2018-2019 CDBG/HOME Applications)

           

611      C.        Communication from Jeannine S. Bourski, Deputy Finance Director, to Joanna L’Heureux, Finance Director.  (FY18 Medical Fund Report)

           

**590  D.        Communication from His Honor, Mayor Donald R. Grebien, to the Honorable Councilor Albert J. Vitali, Jr.  (Response - Restaurant Week)

           

3          E.         Communication from Patricia DiCenso, Superintendent of Schools, to Richard J. Goldstein, MMC, City Clerk.  (Response – Other District Information)

           

3          F.         Communication from Melissa Devine, CFO, Pawtucket School Department, to Richard J. Goldstein, MMC, City Clerk.  (Response – Previous School Budgets)

           

590      G.        Communication from His Honor, Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council, submitting FY19 Budget.

           

            H.        ANNUAL OPERATING BUDGET ORDINANCE 2018-2019 – IS LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE AND A PUBLIC HEARING IS SET FOR MAY 23, 2018.

           

            I.          CAPITAL BUDGET ORDINANCE 2018-2019 – IS LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE.

           

            J.          CAPITAL IMPROVEMENT PROGRAM ORDINANCE 2019-2023 – IS LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE.

           

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

Marcel Charpentier by Progressive Insurance - $2,235.47

Jamie DeGrace - $8,625.00

Ana Minaya, Alexander Mauricio and Ediana Mauricio by Joseph J. Voccola, Esq. –

   No Amount Specified

Phillip Monteiro - $444.39

Joanne Whitney - $469.75/$536.50

       

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

 

 

THE CHAIR RECOGNIZES COUNCILOR VITALI.

 

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

 

The Clerk is instructed to send a communication to William Vieira, Director of Public Works, Col. James Vartanian, Director of Administration and Public Safety and Frank J. Milos, Jr., City Solicitor, regarding the implementation on June 1, 2018, of the new law requiring only hands-free devices to be used in city motor vehicles.  The council wants to know what liability, if any, this will cause with city employees using city vehicles and how the city plans to deal with the implementation of this law?

 

 

 

THE CHAIR RECOGNIZES COUNCILOR BARRY.

 

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

 

590   Communication from Mayor Donald R. Grebien to the Honorable Members of the Pawtucket City Council, regarding the City’s Capital Improvement Program.

 

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

 

Communication from Mayor Donald R. Grebien to the Honorable Members of the Pawtucket City Council, regarding the City’s Capital Improvement Program.

 

 

 

 

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, Vitali and Wildenhain.

 

NOES – 0.

 

335   RESOLUTION SUPPORTING THE INTRODUCTION OF BOND LEGISLATION FOR FISCAL YEARS 2020 AND 2021.

 

 

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, Vitali and Wildenhain.

 

NOES – 0.

 

588   RESOLUTION APPROVING AN AGREEMENT OF A LOCAL PUBLIC AGENCY AGREEMENT WITH THE RHODE ISLAND DEPARTMENT OF TRANSPORTATION FOR FUNDING TO UNDERTAKE STREETSCAPE IMPROVEMENTS AND RENOVATIONS TO THE SLATER MILL PARKING LOT AND LEATHER AVENUE

 

 

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

 

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

 

NOES – 0.

 

330   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

 

 

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

 

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

 

NOES – 0.

 

330   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

 

 

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

 

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

 

NOES – 0.

 

330   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

 

 

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

 

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

 

NOES – 0.

 

330   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.

 

 

 

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

 

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

 

NOES – 0.

 

330   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)

 

 

 

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

 

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

 

NOES – Councilor Rudd.

 

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. (Eliminate: PW Operations Manager; Add: Asst. Dir. PW Operations and Consolidated HR Coordinator)

 

 

 

THE CHAIR RECOGNIZES COUNCILOR RUDD.

 

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

 

The Clerk is instructed to send a communication to Dylan Zelazo, Deputy Director of Administration, Joanna L’Heureux, Director of Finance and Claire Laird, Personnel Department Clerk, requesting that they provide the Council with the total number of temporary employees currently working for the city along with a list of their positions with the city.

 

 

THE CHAIR RECOGNIZES COUNCILOR RUDD.

 

With major consent of the Council, the following motion made by Councilor Rudd, seconded by Councilors Kallman and Barry, 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 he contact the public works director in North Providence regarding the conversion of their old dump to a solar panel energy facility to determine if this could be a possible reuse for the Grotto Avenue transfer station.

 

 

Communication from Richard J. Goldstein, MMC, City Clerk, to the Honorable Members of the Pawtucket City Council.  (Decriminalization Ordinance Amendment) 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 SEVERAL CHAPTERS OF THE CODE ORDINANCES OF THE CITY OF PAWTUCKET, 1996, (Decriminalization Offenses) 379-20

 

 

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

 

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

 

NOES – 0.

 

Amend the following:

 

SECTION 26. Section 379-7 and 379-20 of Chapter 379 of the Code of Ordinances of the City of Pawtucket entitled, “Vehicle Repair Shops” shall be amended, as follows:

 

§ 379-7 Violations and penalties.

Any person, firm or corporation doing business as an auto body shop who is found to be in violation of the provisions of this article shall be guilty of a violation misdemeanor and shall, upon conviction, be punished by a fine of not more than $500 or by imprisonment for not more than 30 days, or by both such fine and imprisonment. Each day on which such violation occurs shall be deemed a separate offense.

 

§ 379-20 Violations and penalties.

Any person, firm or corporation doing business as an automobile repair shop who is found to be in violation of the provisions of this article shall be guilty of a violation misdemeanor and shall, upon conviction, be punished by a fine of not more than $500 or by imprisonment for not more than 30 days, or by both such fine and imprisonment. Each day on which such violation occurs shall be deemed a separate offense.

 

 

UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE, THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME, AS AMENDED, AND IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:

 

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

 

NOES – 0.

 

AN ORDINANCE IN AMENDMENT OF SEVERAL CHAPTERS OF THE CODE ORDINANCES OF THE CITY OF PAWTUCKET, 1996, (Decriminalization Offenses) AS AMENDED.

 

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

 

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

 

NOES - 0.

 

Marialana Wilkinson – Pay $1,000.00 with the balance of $16,500.00/$17,200.00 postponed.

 

 

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM IS POSTPOSTED, ON A UNANIMOUS VOICE VOTE:

 

June Aronson – Pending Estimates

 

 

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, Mercer, Rudd, Tetreault, Vitali and Wildenhain.

 

NOES – 0.

 

Bruce McCarthy - $304.56

Mike Mitchell – No Amount Specified

Oscar Tassone - $120.00

Shirley Thurber - $3,565.00/$3,690.00

 

 

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, Mercer, Rudd, Tetreault, Vitali and Wildenhain.

 

NOES – 0.

 

Wayne and Joyce Facteau – No Amount Specified – PUBLIC WORKS WILL MAKE

REPAIRS

Margaret Morrison – No Amount Specified – PUBLIC WORKS MADE REPAIRS

 

 

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:

 

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

Lisbeth A. Ramirez – No Amount Specified

Fabio DaSilva – No Amount Specified

 

 

Upon motion made by Councilor Mercer, seconded by the entire City Councilor, the meeting is adjourned at 8:07 p.m., in memory of Greg Hanna and Fire Lt. John McLaughlin, retired.