City Council, May 8, 2019

 

A regular session of the Pawtucket City Council is held Wednesday, May 8, 2019, at 7:23 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI. 

 

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

 

Absent – Councilor Vasquez.

 

President Moran presides.

 

 

The reading of the records of the April 24, 2019 City Council meeting, Finance Committee meeting and City Property Committee meeting, and the records of the May 1, 2019 Joint meeting and workshop session of the Ordinance and Ad Hoc Economic Development and Neighborhood Improvement Committees 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.     Resolution from the Town of Burrillville declaring the Town of Burrillville a “Second Amendment Sanctuary Town”

           

028      B.     Resolution from the Smithfield School Committee on Career and Technical Education in Comprehensive High Schools.

           

028      C.     Resolution from the Town of Portsmouth proclaiming May 5-11, 2019 Rhode Island Small Business Week.

           

589      D.     Communication from Robert F. Raimbeault, to Mayor Donald R. Grebien. (Resignation from the Zoning Board of Appeals)

           

061      E.      Communication from Joanna L’Heureux, Finance Director, to the Honorable Members of the Pawtucket City Council.  (Statement of Estimated Realized, and Unrealized Revenues for the Fiscal Period July 1, 2018 through April 30, 2019)

           

611      F.      Communication from Jeannine S. Bourski, Deputy Finance Director, to Joanna L’Heureux, Finance Director.  (FY19 Medical Fund Report)

           

            G.     ANNUAL OPERATING BUDGET ORDINANCE 2019-2020 – IS LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE AND A PUBLIC HEARING TO BE SET FOR MAY 22, 2019.

           

            H.     CAPITAL BUDGET ORDINANCE 2019-2020 – IS LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE.

           

623      I.       Communication from Sara Miranda, HR Coordinator, to the Honorable Members of the Pawtucket City Council.  (Reclassification of Director of Pawtucket Emergency Management Agency from a T10 to 10T)

           

            J.      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. (Reclassify: Director of Emergency Management from a T10 to 10T) - IS LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE.

           

630      K.     Communication from Robert W. Burns, Tax Assessor, to the Honorable Members of the Pawtucket City Council.  (Tax Abatements for January, February and March, 2019)

           

            L.      RESOLUTION AUTHORIZING THE ABATEMENT OF TAXES FOR MOTOR VEHICLES, REAL ESTATE AND TANGIBLE PERSONAL PROPERTY FOR JANUARY, FEBRUARY AND MARCH 2019 IN THE TOTAL AMOUNT OF $75,580.64 – IS REFERRED TO THE FINANCE COMMITTEE.

           

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

John Alves - $510.00

Linda McCoy – No Amount Specified

Eugene Santos - $55,000

 

 

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 James DeCelles, Chief Engineer, PWSB, regarding notice of a water shutdown at the intersection of Pawtucket Avenue and Sayles Avenue.  Councilor Kallman noted that some people were not aware of the shutdown because the lateness of the notices.  The Council is requesting that longer notice time be considered before future shut-downs in the city.

 

 

Communication from His Honor, Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council, submitting the following appointment as an alternate member of the Zoning Board of Appeals, for CONFIRMATION:

 

ZONING BOARD OF APPEALS

 

589   Nathan T. Luciano, 289 Orient Avenue, Pawtucket, RI.  Term expires the first Monday in January, 2020. ALTERNATE (To fill the unexpired term of Robert F. Raimbeault), 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, Vitali and Wildenhain.

 

NOES – 0.

ZONING BOARD OF APPEALS

 

Nathan T. Luciano, 289 Orient Avenue, Pawtucket, RI.  Term expires the first Monday in January, 2020. ALTERNATE (To fill the unexpired term of Robert F. Raimbeault)

 

 

 

609   Communication from Christopher Montalto, Engineering Supervisor, Distribution Design, National Grid, to the Honorable Members of the Pawtucket City Council, requesting approval of a new revised joint pole at 593 Mineral Spring Avenue, IS APPROVED PENDING THE APPROVAL OF THE DIRECTOR OF PUBLIC WORKS.

 

 

THE CHAIR RECOGNIZES COUNCILOR RUDD.

 

With majority 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 Dylan Zelazo, Director of Administration, asking when the vacancy for the DPW Highway Supervisor will be filled.

 

 

THE CHAIR RECOGNIZES COUNCILOR RUDD.

 

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

 

The Clerk is instructed to send a communication to Joanna L’Heureux, Finance Director, asking if anything can be done to adjust elderly and veterans property tax exemptions in light of the proposed tax increase.  The Council would like you to research if the city can change the exemptions, what the city could afford to do and when the last time was that the exemptions were increased.

 

 

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

 

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

 

NOES – 0.

 

588   RESOLUTION PROCLAIMING MAY 5-11, 2019 AS RHODE ISLAND SMALL BUSINESS WEEK.

 

 

UPON RECOMMENDATION OF THE CITY PROPERTY COMMITTEE, THE FOLLOWING RESOLUTION IS PASSED ON A ROLL CALL VOTE, AS FOLLOWS:

 

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

 

NOES – 0.

 

588   RESOLUTION AUTHORIZING THE CITY OF PAWTUCKET TO SEEK ABANDONMENT OF A PAPER STREET OFF MENDON ROAD IN ATTLEBORO, MA., FOR THE BENEFIT OF THE PAWTUCKET WATER SUPPLY BOARD

 

 

613   Communication from Frank J. Milos, Jr., Esq., City Solicitor, to Council President David P. Moran.  (Amendment to the Abandonment of a Portion of East Street) is READ AND ORDERED FILED.

 

 

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

 

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

 

NOES – Council Mercer.

 

588   RESOLUTION AMENDING THE ABANDONMENT OF A 10’ PORTION OF EAST STREET THAT WAS ABANDONED ON MAY 11, 2017 (Removal of Narragansett Bay Commission Easement)

 

 

THE CHAIR RECOGNIZES COUNCILOR BARRY.

 

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

 

611 Communication from Joanna L’Heureux, Finance Director, to the Honorable Members of the Pawtucket City Council.  (Moody’s Bond Rating and Rating Outlook Update)

 

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

 

Communication from Joanna L’Heureux, Finance Director, to the Honorable Members of the Pawtucket City Council.  (Moody’s Bond Rating and Rating Outlook Update)

 

 

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

 

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

 

NOES – 0.

 

330   AN ORDINANCE IN AMENDMENT OF CHAPTER 363 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “TAXATION” (Tax Exemption for Pawtucket Redevelopment Agency)

 

 

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, Vitali and Wildenhain.

 

NOES – 0.

 

AN ORDINANCE REPEALING AND REPLACING THE SCHEDULE OF PAY RATES FOR LOCAL 1012 §88-12 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, (Reclassify: Police Clerk I and Municipal Election Clerk II)

 

 

 

BASED ON THE DISCUSSION AT THE PUBLIC HEARING THAT TOOK PLACE ON APRIL 10, 2019, AND WITH THE RECOMMENDATION OF THE ORDINANCE COMMITTEE AND THE AD HOC ECONOMIC DEVELOPMENT AND NEIGHBORHOOD IMPROVEMENT COMMITTEE, THE FOLLOWING AMENDMENT TO THE ORDINANCE ENTITLED “AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET 1996, ENTITLED “ZONING” ESTABLISHMENT OF THE CONANT THREAD ZONING DISTRICT (CT)” IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:

 

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

 

NOES – Councilor Rudd.

 

 

 

Delete the following section in its entirety:

 

§ 410-43.16: INCLUSIONARY HOUSING

 

A.    Any proposal that includes the development of twenty (20) or more residential units shall set aside 10% of those units as affordable. Fractions of units shall be rounded up to the nearest integer.

B.    Affordable units required under this section shall meet the definition of "low and moderate income housing" as defined in G.L. 1956, § 45-53-3; provided however that units generated under these inclusionary provisions shall remain affordable for a minimum period of 30 years through deed restriction. Further provided that units shall be sold, conveyed, or rented to persons or households earning up to 80 percent of the area median income (AMI) for Central Falls and Pawtucket as defined by the U.S. Department of Housing and Urban Development.

C.    The developer of inclusionary units must contract with a monitoring agency that will qualify home buyers and/or renters for initial occupancy, and determine pricing and resale or transfer of dwelling units in accordance with Rhode Island Housing and Mortgage Finance Corporation regulations and standards. Rhode Island Housing and the Cities of Central Falls and Pawtucket (as applicable) shall be a party to any such monitoring agreement. Long-term affordability shall be guaranteed through the recording of restrictions on the sale, transfer, and ownership of the unit through the appropriate legal documents and monitoring agreement.

 

 

UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE AND THE AD HOC ECONOMIC DEVELOPMENT AND NEIGHBORHOOD IMPROVEMENT 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, Vitali and Wildenhain.

 

NOES – Councilor Rudd.

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET 1996, ENTITLED “ZONING” ESTABLISHMENT OF THE CONANT THREAD ZONING DISTRICT (CT) AS AMENDED

 

 

 

 

BASED ON THE DISCUSSION AT THE PUBLIC HEARING THAT TOOK PLACE ON APRIL 10, 2019, AND WITH THE RECOMMENDATION OF THE ORDINANCE COMMITTEE AND THE AD HOC ECONOMIC DEVELOPMENT AND NEIGHBORHOOD IMPROVEMENT COMMITTEE, THE FOLLOWING AMENDMENT TO THE ORDINANCE ENTITLED “AN ORDINANCE IN AMENDMENT OF CHAPTER 410 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET 1996, ENTITLED “ZONING” CHANGE IN OFFICIAL ZONING MAP (CONANT THREAD DISTRICT)” IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:

 

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

 

NOES – 0.

 

 

 

Delete the following properties:

 

530486	73 PARK PL	SAMUEL J LADD HOUSE LLC
530644	389 MAIN ST	COYLE WILLIAM E JR & ASSOC

 

 

 

 

UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE AND THE AD HOC ECONOMIC DEVELOPMENT AND NEIGHBORHOOD IMPROVEMENT 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, 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” CHANGE IN OFFICIAL ZONING MAP (CONANT THREAD DISTRICT) AS AMENDED

 

 

 

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

 

NOES – 0.

 

Gerard R. Roy- $105.65

Jackelina Sosa-$171.75

David R. Olsen-$550.00

 

 

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

 

NOES – 0.

 

Mayi N. Justino- $5,396.65

Melanie Mendes-$140.00

Lori A. Chabot-$500.00/$1539.36

Maggie Montgomery -$324.41

 

 

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:

 

Waldo Saul Mijangos-$7,491.00/$8,550.00

 

 

 

THE CHAIR RECOGNIZES COUNCILOR BARRY.

 

With majority consent of the Council, the following motion made by Councilor Barry, 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, regarding the payment of police details:

1.     The Council is requesting a guarantee that no free services, especially police details, are being provided to the PawSox this year.

2.     The Council wants to know if the city charges the school department for police details at their events.  

3.     The Council wants to know who has the final say on the use of the administrative funds that were used to pay the PawSox details.

 

 

 

 

Upon motion made by Councilor Barry seconded by the entire City Council, the meeting is adjourned at 8:01 p.m. in memory of Raymond Coderre.