City Council, February 6, 2019

 

 

A regular session of the Pawtucket City Council is held Wednesday, February 6, 2019, at 7:21 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI. 

 

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

 

Absent – 0.

 

President Moran presides.

 

The reading of the records of the January 23, 2019, City Council, Ordinance Committee and Finance Committee meetings 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:

 

592      A.     Communication from Jeanne Boyle, Commerce Director, to the Honorable Stefan Pryor, Secretary, RI Commerce Corporation.  (Potential Site Hasbro Relocation)

           

2          B.     Communication from John S. Wallace, Secretary/Treasurer, Pawtucket Fire Local 1261, to the Honorable Members of the Pawtucket City Council.  (Reappointment by the Pawtucket Fire Local 1261 Union of John S. Wallace to serve as the Active Fire Union Member on the Pension Board for the 2019-2021 term)

           

1          C.     Communication from James Baino, President, Pawtucket Police Lodge No. 4, Fraternal Order of Police.  (Reappointment of Mark Ramos to serve as the Active Police Union Member on the Pension Board for the 2019-2021 term)

           

651      D.     Communication from Shaun W. Strobel, Treasurer, to His Honor, Mayor Donald R. Grebien and the Honorable Members of the Pawtucket City Council.  (Property Tax Relief for Federal Government Employees during Government Shutdowns)

           

650      E.      Communication from Andrew Silvia, PE, PMP, Chief of Project Development, to the Honorable Members of the Pawtucket City Council.  (Response – Sewer System Backup Related Expenses)

           

**614  F.      Communication from Eric J. Earls, PE, Director of Public Works, to the Honorable Members of the Pawtucket City Council.  (Response – Snow Budget)

           

625      G.     Communication from Dylan Zelazo, Director of Administration, to the Honorable Members of the Pawtucket City Council.  (Response – Fire Arbitration)

           

            H.     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. (DPW – Delete: Supervisor Public Works Office) – IS LAID ON THE TABLE.

           

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

Shane DeSt.Jorre – $842.22

Nicole Nickerson - $338.61

Elaine T. MacIntosh – No Amount Specified

Daniel J. Roberts - $336.61

           

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

 

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 Rudd, is PASSED on a unanimous voice vote:

 

The Clerk is instructed to send a communication to Dylan Zelazo, Director of Administration requesting an update on the Police pension lawsuit and any negotiations on the matter.

 

 

THE COUNCIL TAKES UP THE FOLLOWING:

 

ELECTION OF CITY OFFICERS:

 

      JUDGE OF PROBATE (2-YEAR TERM)

 

THE CHAIR RECOGNIZES COUNCILOR BARRY.

 

Upon motion made by Councilor Barry, seconded by Councilor Mercer and Vitali, the name of CRISTINE L. MCBURNEY is placed in nomination to serve as the Judge of Probate.

 

With no other nominations offered, CRISTINE L. MCBURNEY IS ELECTED JUDGE OF PROBATE (Two Year Term) on a roll call vote, as follows:

 

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

 

NOES - 0.

 

 

        CITY SERGEANT (2-YEAR TERM)

 

THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.

 

Upon motion made by Councilor Wildenhain, seconded by Councilor Kallman, the name of AMA AMPONSAH is placed in nomination to serve as the City Sergeant.

 

With no other nominations offered, AMA AMPONSAH IS ELECTED CITY SERGEANT (Two Year Term) on a roll call vote, as follows:

 

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

 

NOES - 0.

 

 

              SEALER OF WEIGHTS AND MEASURES (2-YEAR TERM)

 

THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.

 

Upon motion made by Councilor Wildenhain, seconded by Councilor Barry, the name of JEREMY BATISTA is placed in nomination to serve as the Sealer of Weights and Measures.

 

With no other nominations offered, JEREMY BATISTA IS ELECTED SEALER OF WEIGHTS AND MEASURES (Two Year Term) on a roll call vote, as follows:

 

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

 

NOES - 0.

 

 

 

THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.

 

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

 

The Clerk is instructed to send a communication to Michael Burns, Traffic Supervisor, requesting that he paint the traffic island at the intersection of Benefit Street and the George Bennett Highway with illuminating paint, if possible. 

 

 

 

Communication from His Honor, Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council, submitting the following appointment to the Public Art Committee, FOR CONFIRMATION:

 

PUBLIC ART COMMITTEE

 

589   Mimo Gordon Riley, 75 Montgomery Street, Pawtucket, RI.  Term expires the first Monday in February 2021, 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 Araujo, Barry, Kallman, Mercer, Rudd, Vasquez, Vitali and Wildenhain.

 

NOES – 0.

 

Mimo Gordon Riley, 75 Montgomery Street, Pawtucket, RI.  Term expires the first Monday in February 2021

 

 

 

Communication from John S. Wallace, Secretary/Treasurer, Pawtucket Fire Local 1261 Union, submitting the following reappointment as the Retired Member of the Pawtucket Fire Department on the Pension Board, FOR CONFIRMATION:

 

2       Captain Kenneth Noiseux.  Term expires the first Monday in January, 2021 is READ AND ORDERED FILED.

 

The following nomination submitted by Pawtucket Firefighters Local 1261, for confirmation is CONFIRMED on a roll call vote, as follows:

 

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

 

NOES – 0.

PENSION BOARD

 

Ret. Captain Kenneth Noiseux. Term Expires the First Monday in January, 2019.

 

 

Communication from James Baino, President, Pawtucket Police Lodge No. 4, Fraternal Order of Police, submitting the following reappointment as the Retired Member of the Police Department on the Pension Board, FOR CONFIRMATION:

 

1       Edward Randall.  Term expires the first Monday in January, 2021 is READ AND ORDERED FILED.

 

 

The following nomination submitted by Pawtucket Police Lodge No. 4, for confirmation is CONFIRMED on a roll call vote, as follows:

 

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

 

NOES – 0.

PENSION BOARD

 

Edward Randall.  Term expires the first Monday in January 2021

 

 

 

THE FOLLOWING PETITIONS TO BE ELECTED WEIGHERS OF MERCHANDISE (2 Year Terms) ARE APPROVED ON A UNANIMOUS VOICE VOTE:

 

Adam Sinel

Charles R. Sinel

Samuel S. Sinel

 

 

 

UPON RECOMMENDATION OF THE FINANCE COMMITTEE, THE FOLLOWING RESOLUTION IS READ AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:

 

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

 

NOES – 0.

 

588   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 3960

 

 

 

THE FOLLOWING ORDINANCE, RETURNED BY THE FINANCE COMMITTEE WITH THE RECOMMENDATION FOR APPROVAL, IS TAKEN UP:

 

AN ORDINANCE REPEALING AND REPLACING THE SCHEDULE OF PAY RATES FOR LOCAL 3960 IN SECTION §88-12 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996.  (City Clerk’s Office – Reclassify Deputy City Clerk)

 

THE CHAIR RECOGNIZES COUNCILOR BARRY.

 

Upon motion made by Councilor Barry, seconded by Councilors Rudd and Wildenhain, the following ordinance is POSTPONED on a unanimous voice vote:

 

AN ORDINANCE REPEALING AND REPLACING THE SCHEDULE OF PAY RATES FOR LOCAL 3960 IN SECTION §88-12 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996.  (City Clerk’s Office – Reclassify Deputy City Clerk)

 

 

 

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

 

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

 

NOES – 0.

 

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)

 

 

 

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

 

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

 

NOES – 0.

 

AN ORDINANCE REPEALING AND REPLACING THE SCHEDULE OF PAY RATES FOR LOCAL 1012 IN SECTION §88-12 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996.  (Purchasing – Reclassify Purchasing Clerk)

 

 

 

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

 

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

 

NOES – 0.

 

AN ORDINANCE REPEALING AND REPLACING THE SCHEDULE OF PAY RATES FOR LOCAL 1012 IN SECTION §88-12 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996.  (DPW – Create: Mechanic III)

 

 

 

THE FOLLOWING AMENDMENT TO THE ORDINANCE ENTITLED “AN ORDINANCE REPEALING AND REPLACING THE SCHEDULE OF PAY RATES FOR LOCAL 3960 IN SECTION §88-12 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996.  (Purchasing – Delete: Purchasing Agent; Create: Purchasing Director)” IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:

 

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

 

NOES – 0.

 

Delete the following:

 

Fleet Maintenance Supervisor                                                           09T

 

 

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

 

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

 

NOES – 0.

 

AN ORDINANCE REPEALING AND REPLACING THE SCHEDULE OF PAY RATES FOR LOCAL 3960 IN SECTION §88-12 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996.  (Purchasing – Delete: Purchasing Agent; Create: Purchasing Director; Delete: Fleet Maintenance Supervisor) AS AMENDED.

 

 

 

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

 

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

 

NOES – 0.

 

AN ORDINANCE REPEALING AND REPLACING THE SCHEDULE OF PAY RATES FOR LOCAL 1012 IN SECTION §88-12 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996.  (Zoning - Delete: Housing Inspector and Environmental Inspector; Create: Code Inspector)

 

 

 

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

 

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

 

NOES – 0.

 

AN ORDINANCE REPEALING AND REPLACING THE SCHEDULE OF PAY RATES FOR LOCAL 3960 IN SECTION §88-12 of the code of ordinances of the city of PAWTUCKET, 1996.  (Zoning – Reclassify: Director of Zoning & Code Enforcement)

         

 

 

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

 

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

 

NOES – 0.

 

AN ORDINANCE REPEALING AND REPLACING THE SCHEDULE OF PAY RATES FOR LOCAL 3960 IN SECTION §88-12 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996.  (DPW Garage – Create: Business Manager)

 

 

 

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

 

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

 

NOES – 0.

 

AN ORDINANCE REPEALING AND REPLACING THE SCHEDULE OF PAY RATES FOR LOCAL 3960 IN SECTION §88-12 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996.  (Purchasing – Create: Buyer)

 

 

 

THE FOLLOWING MATTER IS TAKEN UP:

 

AN AMENDMENT TO THE ORDINANCE ENTITLED “AN ORDINANCE REPEALING AND REPLACING THE SCHEDULE OF PAY RATES FOR UNCLASSIFIED NON-UNION POSITIONS IN SECTION §88-12 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996.  (Mayor’s Office - Create: Communications Director)”

 

Delete the following:

Constituent Svcs & Comm. Associate

$    41,500.00

$       51,458.50

 

 

 

THE CHAIR RECOGNIZES COUNCILOR BARRY.

 

Upon motion made by Councilor Barry, seconded by Councilors Rudd and Wildenhain, the following matter is POSTPONED on a unanimous voice vote:

 

AN AMENDMENT TO THE ORDINANCE ENTITLED “AN ORDINANCE REPEALING AND REPLACING THE SCHEDULE OF PAY RATES FOR UNCLASSIFIED NON-UNION POSITIONS IN SECTION §88-12 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996.  (Mayor’s Office - Create: Communications Director)”

 

Delete the following:

Constituent Svcs & Comm. Associate

$    41,500.00

$       51,458.50

 

 

 

 

 

THE FOLLOWING ORDINANCE IS TAKEN UP:

 

AN ORDINANCE REPEALING AND REPLACING THE SCHEDULE OF PAY RATES FOR UNCLASSIFIED NON-UNION POSITIONS IN SECTION §88-12 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996.  (Mayor’s Office – Delete:  Constituent Services & Communications Associate;  Create: Communications Director) AS AMENDED.

 

THE CHAIR RECOGNIZES COUNCILOR BARRY.

 

Upon motion made by Councilor Barry, seconded by Councilors Rudd and Wildenhain, the following ordinance is POSTPONED on a unanimous voice vote:

 

 

AN ORDINANCE REPEALING AND REPLACING THE SCHEDULE OF PAY RATES FOR UNCLASSIFIED NON-UNION POSITIONS IN SECTION §88-12 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996.  (Mayor’s Office – Delete:  Constituent Services & Communications Associate;  Create: Communications Director) AS AMENDED.

 

 

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

 

NOES – 0

Steven I. Cohen - $950.29, since it is determined that this is not a pothole claim

 

 

 

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:

 

Cinthia Nunez by Michael F. Campopiano, Esq. – No Amount Specified

Lois Halish by Charles J. Vucci, Esq. - $100,000.00

Kathleen Forant - $700.00+

Councilor Vitali abstains on the Kathleen Forant claim based on his statement that he is her property manager (report filed)

 

 

 

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

 

NOES – 0.

 

Ana Carvalho - $452.29

Oscar Tassone - $550.00

Angell DoCouto - $50.00

 

 

 

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS DENIED AND THE PUBLIC WORKS DEPARTMENT WILL REPAIR THE SIDEWALK IN THE SPRING, ON A ROLL CALL VOTE, AS FOLLOWS:

 

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

 

NOES – 0.

 

Carole J. Aliskevicz - $100.00

 

 

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE DENIED AND REFERRED TO NATIONAL GRID, ON A ROLL CALL VOTE, AS FOLLOWS:

 

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

 

NOES – 0.

 

Carolyn Palo - $79.00

Manuel P. Silveira - $258.20

John Wallace - $1,629.47

 

 

 

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

 

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

 

NOES – 0

 

Vasso Sampalis - $511.75

 

 

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

 

Wilfredo Alvarado Fernandez by Matthew Brier, LLC – No Amount Specified

 

 

 

Upon motion made by Councilor Mercer, seconded by the entire City Council, the meeting is adjourned at 7:59 p.m., in memory of William Masse, Carol Dragon and Vincent Doyle.