City Council, July 6, 2022

 

 

A regular session of the Pawtucket City Council is held Wednesday, July 6, 2022, at 9:16 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI. 

 

Present – President Moran, Councilors Araujo, DaRosa, Gregor, Mercer, Stachowiak, Vasquez and Wildenhain.

 

Absent – Councilor Schuette.

 

President Moran presides.

 

The reading of the records of the June 22, 2022, Substance Abuse Prevention/Non-Violence Fund Committee meeting, the Finance Committee meeting and City Council meeting is dispensed with and the records are APPROVED as prepared by the Clerk.

 

 

Upon motion made by Councilor Mercer, seconded by Councilor Gregor, the *Consent Agenda is APPROVED on a unanimous voice vote:

 

614      A.     Communication from David Clemente, Director of Public Works, to the Honorable Members of the Pawtucket City Council (Response – Morley Field-Security)

           

            B.     Communication from Wilson A. Soto, Member, Mangos, to the Honorable David P. Moran, President, Pawtucket City Council (Request to Change Entertainment Hours to Match Last Call)  IS REFERRED TO THE ORDINANCE COMMITTEE

           

            C.     THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY TO BE REFERRED TO THE LEGAL DEPARTMENT AND RI INTERLOCAL TRUST:

Ditchey Geiger, LLC, Attorneys for Interinsurance Exchange of the Automobile Club (AAA) - $4,935.86 (Vehicle Damage)

Progressive Insurance A/S/O Mary Darby - $14,012.70 (Vehicle Damage)

Joshua Rosario and Yuleysi Javiar Beaton by G. Eben Milne, Esq. – No Amount Specified (Vehicle Accident)

           

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

Linda Ayotte - $458.30 (Water Main Break)

 

 

THE CHAIR RECOGNIZES COUNCILOR VASQUEZ.

 

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

 

Communication from Stephanie Olarte to the Honorable Mayor Donald Grebien, submitting her resignation from the Pawtucket Planning Commission.

 

Upon motion made by Councilor Vasquez, seconded by Councilor Mercer, the following communication is READ AND ORDERED FILED, on a unanimous voice vote.

 

590      Communication from Stephanie Olarte to the Honorable Mayor Donald Grebien, submitting her resignation from the Pawtucket Planning Commission.

 

 

589      Communication from His Honor, Mayor Donald R. Grebien, to the Honorable Members of the Pawtucket City Council, submitting the following appointment as a member of the Planning Commission FOR CONFIRMATION:

 

PLANNING COMMISSION

 

Albert J. Vitali, Jr., 85 Pequot Rd., Pawtucket, RI. Term expires the 1^st Monday in January 2023. (To Fill the Unexpired Term of Stephanie Olarte) 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, DaRosa, Gregor, Mercer, Stachowiak, Vasquez and Wildenhain.

 

NOES – 0.

 

PLANNING COMMISSION

 

Albert J. Vitali, Jr., 85 Pequot Rd., Pawtucket, RI. Term expires the 1^st Monday in January 2023. (To Fill the Unexpired Term of Stephanie Olarte) is READ AND ORDERED FILED:

 

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 Araujo, DaRosa, Gregor, Mercer, Stachowiak, Vasquez and Wildenhain.

 

NOES – 0.

 

588    RESOLUTION RATIFYING A CONSTRUCTION AND MAINTENANCE AGREEMENT WITH THE STATE OF RHODE ISLAND, THROUGH THE DEPARTMENT OF TRANSPORTATION (“THE STATE”), FOR THE PAWTUCKET BROAD STREET (ROUTE 114) REGENERATION PROJECT.

 

 

THE CHAIR RECOGNIZES COUNCILOR MERCER.

 

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

 

                     Communication from the Honorable Henry S. Kinch to the Honorable Members of the Pawtucket City Council, expressing his opposition to 4-year terms for all elected municipal officials.

      

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

 

028   Communication from the Honorable Henry S. Kinch to the Honorable Members of the Pawtucket City Council, expressing his opposition to 4-year terms for all elected municipal officials.

 

THE FOLLOWING RESOLUTION, SUBMITTED BY THE ORDINANCE COMMITTEE WITHOUT A RECOMMENDATION, IS READ AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:

 

AYES – President Moran, Councilors Araujo, DaRosa, Gregor, Mercer, Stachowiak, Vasquez and Wildenhain.

 

NOES – 0.

 

588   RESOLUTION TO PLACE ON THE NOVEMBER 8, 2022 BALLOT A REFERENDUM TO AMEND THE PAWTUCKET HOME RULE CHARTER – PLANNING COMMISSION MEMBERSHIP

 

THE FOLLOWING RESOLUTION, SUBMITTED BY THE ORDINANCE COMMITTEE WITHOUT A RECOMMENDATION, IS READ AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:

 

AYES – President Moran, Councilors Araujo, DaRosa, Mercer, Stachowiak, Vasquez and Wildenhain.

 

NOES – Councilor Gregor.

 

588   RESOLUTION TO PLACE ON THE NOVEMBER 8, 2022 BALLOT A REFERENDUM TO AMEND THE PAWTUCKET HOME RULE CHARTER – CAMPAIGN FINANCE

 

 

THE FOLLOWING RESOLUTION, SUBMITTED BY THE ORDINANCE COMMITTEE WITHOUT A RECOMMENDATION, IS TAKEN UP:

 

RESOLUTION TO PLACE ON THE NOVEMBER 8, 2022 BALLOT A REFERENDUM TO AMEND THE PAWTUCKET HOME RULE CHARTER – SCRIVENER’S ERRORS

 

THE CHAIR RECOGNIZES COUNCILOR GREGOR.

 

Councilor Gregor introduces the following AMENDMENT to the above resolution:

 

Amendment:

 

Eliminate Subsection 1d. of the proposed new Section 10-500 of the City Charter, and change 1e. to 1d., with all other sections to remain the same, as follows:

 

Sec. 10 – 500 Scrivener’s Errors and Effective Language

The Charter of the City of Pawtucket may never be amended or altered in any way that has any material or discernible legal effect without such amendment being approved by the voters of the City of Pawtucket. However, the City Council may amend the Charter when such amendment does not have any material or discernible legal effect without a ballot question or corresponding vote as follows:

1. The City Solicitor may submit a petition to the City Council which identifies the following:

a.      Grammatical Errors

b.     Spelling Errors

c.   Language that has been superseded by other law, such as the Constitution of the United States, the Constitution of the State of Rhode Island, Rhode Island General Laws, or by some final determination by a court of competent jurisdiction

                  d.  Language that has been rendered ineffective and of no material impact; or

 d. e.  The proposed corrections for any of the above along with explicit reasoning           why the proposed change would not have any material or discernible legal effect

 

The motion by Councilor Gregor, seconded by Councilor Mercer, to AMEND the above resolution is DEFEATED on a roll call vote, as follows:

 

AYES – Councilor Gregor.

 

NOES – President Moran, Councilors Araujo, DaRosa, Mercer, Stachowiak, Vasquez and Wildenhain.

 

THE FOLLOWING RESOLUTION IS READ AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:

 

AYES – President Moran, Councilors Araujo, DaRosa, Mercer, Stachowiak, Vasquez and Wildenhain.

 

NOES – Councilor Gregor.

 

588   RESOLUTION TO PLACE ON THE NOVEMBER 8, 2022 BALLOT A REFERENDUM TO AMEND THE PAWTUCKET HOME RULE CHARTER – SCRIVENER’S ERRORS

 

 

 

Upon unanimous consent of the Council, the Council takes up the following at this time:

 

RESOLUTION TO PLACE ON THE NOVEMBER 8, 2022 BALLOT A REFERENDUM TO AMEND THE PAWTUCKET HOME RULE CHARTER – COUNCIL 3 TERM LIMITS

 

THE FOLLOWING RESOLUTION, SUBMITTED BY THE ORDINANCE COMMITTEE WITHOUT A RECOMMENDATION IS READ AND DEFEATED ON A ROLL CALL VOTE, AS FOLLOWS:

 

AYES – Councilor Vasquez

 

NOES – President Moran, Councilors Araujo, DaRosa, Gregor, Mercer, Stachowiak, and Wildenhain.

 

023   RESOLUTION TO PLACE ON THE NOVEMBER 8, 2022 BALLOT A REFERENDUM TO AMEND THE PAWTUCKET HOME RULE CHARTER – COUNCIL 3 TERM LIMITS

 

 

Upon unanimous consent of the Council, the Council takes up the following at this time:

 

RESOLUTION TO PLACE ON THE NOVEMBER 8, 2022 BALLOT A REFERENDUM TO AMEND THE PAWTUCKET HOME RULE CHARTER – MAYOR 3 TERM LIMIT

 

THE FOLLOWING RESOLUTION, SUBMITTED BY THE ORDINANCE COMMITTEE WITHOUT A RECOMMENDATION IS READ AND DEFEATED ON A ROLL CALL VOTE, AS FOLLOWS:

 

AYES – 0.

 

NOES – President Moran, Councilors Araujo, DaRosa, Gregor, Mercer, Stachowiak, Vasquez and Wildenhain.

 

023   RESOLUTION TO PLACE ON THE NOVEMBER 8, 2022 BALLOT A REFERENDUM TO AMEND THE PAWTUCKET HOME RULE CHARTER – MAYOR 3 TERM LIMIT

 

 

THE COUNCIL RECESSES AT 10:17 P.M.

 

THE COUNCIL RECONVENES AT 10:22 P.M

 

THE COUNCIL TAKES UP THE FOLLOWING:

 

RESOLUTION TO PLACE ON THE NOVEMBER 8, 2022 BALLOT A REFERENDUM TO AMEND THE PAWTUCKET HOME RULE CHARTER - COUNCIL 4-YEAR TERMS and

 

THE CHAIR RECOGNIZES COUNCILOR MERCER.

 

Councilor Mercer introduces the following AMENDMENT to the above resolution as follows:

 

Amendment:

 

Add a change to Section 2-101 of the Charter to the resolution, as follows:

 

Duly adopted by the Pawtucket City Council on July 6, 2022, proposal to amend Article II, “Legislative Branch” Chapter 1, “The Council” section 100, “Composition; terms of office; compensation” and section 101, “Election of councilmen.”

 

Shall Sec. 2-100 and Sec. 2-101 of the Pawtucket City Charter be amended to establish four (4) year terms for city councilors?

 

Proposed Amendment

 

Sec. 2-100  Composition; terms of office; compensation.

 

The council shall consist of nine members, six of whom shall be elected from councilmanic districts and three of whom shall be elected form the city at large. The terms of councilmen shall be two four (4) years from the first Monday of January following the year in which they were elected; except, that a councilman elected to fill a vacancy shall serve only for the balance of the unexpired term. […]

 

Sec. 2-101  Election of councilmen.

 

At the municipal election held in 1953, and in every second year thereafter, until the municipal election in the year 2024, when councilors shall be elected every fourth year thereafter, one councilman shall be elected from each councilmanic district, and three councilmen shall be elected from the city at large. Each elector shall have the right to vote for one councilman duly nominated from the councilmanic district in which he shall be a qualified elector, and for three councilmen duly nominated from the city at large

 

This Resolution shall take effect for all elections occurring after January 1, 2023.

 

 

Upon motion by Councilor Mercer, seconded by Councilor Wildenhain, the AMENDMENT to the above resolution is APPROVED on a roll call vote, as follows:

 

AYES – President Moran, Councilors Araujo, DaRosa, Gregor, Mercer, Stachowiak, Vasquez and Wildenhain.

 

NOES – 0.

 

THE FOLLOWING RESOLUTION, SUBMITTED BY THE ORDINANCE COMMITTEE WITHOUT A RECOMMENDATION, IS READ, AS AMENDED, AND DEFEATED ON A ROLL CALL VOTE, AS FOLLOWS:

 

AYES – Councilor Vasquez

 

NOES – President Moran, Councilors Araujo, DaRosa, Gregor, Mercer, Stachowiak, and Wildenhain.

 

023   RESOLUTION TO PLACE ON THE NOVEMBER 8, 2022 BALLOT A REFERENDUM TO AMEND THE PAWTUCKET HOME RULE CHARTER - COUNCIL 4-YEAR TERMS, AS AMENDED.

 

THE COUNCIL TAKES UP THE FOLLOWING:

 

RESOLUTION TO PLACE ON THE NOVEMBER 8, 2022 BALLOT A REFERENDUM TO AMEND THE PAWTUCKET HOME RULE CHARTER – MAYOR 4-YEAR TERM

 

THE CHAIR RECOGNIZES COUNCILOR MERCER.

 

Councilor Mercer introduces the following AMENDMENT to the above resolution as follows:

 

Amendment:

 

Add a change to Section 3-200 of the Charter to the resolution, as follows:

 

Duly adopted by the Pawtucket City Council on July _____, 2022, proposal to amend Article III, “Organization of Executive and Administrative Branch” Chapter 2, “Election or Appointment,” Section 200 “Mayor” and Chapter 4, “Terms of Office” Section 400, “Mayor.”

 

Shall Sec. 3-200 and Sec. 3-400 of the Pawtucket City Charter be amended to establish a mayoral term length of four (4) years?

 

Proposed Amendment

 

Sec. 3-200  Mayor.

At the municipal election in the year 1953 and in every second year thereafter, a mayor shall be elected, until the municipal election in the year 2024, when a mayor shall be elected every fourth year thereafter.

 

Sec. 3-400  Mayor.

The mayor shall serve for a term of two four (4) years beginning on the first Monday of January following his election.

 

This Resolution shall take effect for all elections occurring after January 1, 2023.

 

 

Upon motion by Councilor Mercer, seconded by Councilor Wildenhain, the AMENDMENT to the above resolution is APPROVED on a roll call vote, as follows:

 

AYES – President Moran, Councilors Araujo, DaRosa, Gregor, Mercer, Stachowiak, Vasquez and Wildenhain.

 

NOES – 0.

 

 

THE FOLLOWING RESOLUTION, SUBMITTED BY THE ORDINANCE COMMITTEE WITHOUT A RECOMMENDATION IS READ, AS AMENDED, AND DEFEATED ON A ROLL CALL VOTE, AS FOLLOWS:

 

AYES – Councilors Araujo, Stachowiak, Vasquez and Wildenhain

 

NOES – President Moran, DaRosa, Gregor and Mercer.

 

023   RESOLUTION TO PLACE ON THE NOVEMBER 8, 2022 BALLOT A REFERENDUM TO AMEND THE PAWTUCKET HOME RULE CHARTER – MAYOR 4-YEAR TERM

 

 

 

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

 

AYES – President Moran, Councilors Araujo, DaRosa, Gregor, Mercer, Stachowiak, Vasquez and Wildenhain.

 

NOES – 0.

 

330   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, AS AMENDED

 

 

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

 

AYES – President Moran, Councilors Araujo, DaRosa, Gregor, Mercer, Stachowiak, Vasquez and Wildenhain.

 

NOES – 0.

 

330   AN ORDINANCE OF THE CITY OF PAWTUCKET APPROVING THE ISSUANCE OF WATER REVENUE BONDS AND NOTES IN AN AMOUNT NOT TO EXCEED NINE MILLION DOLLARS ($9,000,000) FOR THE PURPOSE OF FINANCING IMPROVEMENTS TO THE PAWTUCKET WATER SUPPLY SYSTEM

 

 

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, DaRosa, Gregor, Mercer, Stachowiak, Vasquez and Wildenhain.

 

NOES – 0.

 

Len’s Hot Dog Haven, Inc. - $1,071.06  (Property Damage)

Diane Chelo - $1,132.56 (Property Damage)

 

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

 

AYES – President Moran, Councilors Araujo, DaRosa, Gregor, Mercer, Stachowiak, Vasquez and Wildenhain.

 

NOES – 0.

 

Kristen Gabriele - $1,743.44 (Vehicle Damage)

 

 

THE FOLLOWING CLAIM WAS WITHDRAWN BY THE CLAIMANT:

 

Victoria Hammond/Shane Dowie - $64.98 (Property Damage)

 

 

Upon motion made by Councilor DaRosa, seconded by the entire City Council, the Council adjourns at 10:41 p.m.