City Council, September 19, 2022
A regular session of the Pawtucket City Council is held Wednesday, September 19, 2022, at 6:52 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.
591 Communication from David P. Moran, President, Pawtucket City Council, to the Honorable Members of the Pawtucket City Council, calling a Special Session of the City Council on Monday, September 19, 2022 at 6:00 p.m. IS READ AND ORDERED FILED
592 Communication from Bianca Policastro, Planning Director, to the Honorable Members of the Pawtucket City Council regarding alternative locations for Morley Field in the 5th District IS READ AND ORDERED FILED
634 Communication from Richard J. Goldstein, MMC, City Clerk, to Frank J. Milos, Jr., Esq., City Solicitor. (Legality of the Sale of Lot 291 – Morley Field) IS READ AND ORDERED FILED
THE COUNCIL TAKES UP THE FOLLOWING:
Discussion with Bianca M. Policastro, Director of Planning & Redevelopment, and Frank J. Milos, Jr., Esq., City Solicitor, regarding the issues raised with sale of Lot 291 – Morley Field.
Mr. Milos discusses the sale of Plat 62 Lots 291 and 309. He states there is a question regarding the propriety of selling Lot 291, but not Lot 309. Both lots need RI Department of Environmental Management (DEM) and National Park Service approval. He states that in reference to Lot 291 and RIGL §45-2-6, he agrees with Councilor Gregor that there could be an authority issue to sell this property because it was gifted to the city for recreation purposes.
Mr. Milos states that the city did not act under false pretenses. He states that enabling legislation or Superior Court action may be needed to sell this property. There is no final decision on seeking legislation at this time. He states that this law does not pertain to Lot 309. He states that DEM has been very cooperative on the process for approval.
Ms. Policastro states that everything has been done with the knowledge of DEM.
Mr. Milos states that until the city gets the approvals for this sale, the sale cannot go forward. He feels that the city can possibly address the issues that were raised with RIGL §45-2-6.
Councilor Gregor feels that the planning department was not up front and honest on the process. He references the July 6, 2021 letter from Jay Rosa, Assistant Director of Planning & Redevelopment, which does not mention anything about issues with RIGL §45-2-6. He feels that planning had to know that this was an issue.
Councilor Gregor also references the letter from Mr. Milos to the Council that states that there were no issues with the Purchase and Sales agreement. He asks Mr. Milos if there was any reference to RIGL 45-2-6 and Mr. Milos agrees that there was no mention.
Councilor Gregor asks Mr. Milos if he looked at the deeds to these lots.
Mr. Milos responds that yes, he had, but he believed that there was a law (RIGL §34-4-21) negating the restrictions in the deed for Lot 291 because the city has owned it for over 30-years. The title company did not raise the issue of RIGL §45-2-6 to the city. Again, it was believed that the issue was extinguished, but he now realizes that it is not.
Councilor Gregor asks if the city knew about the RIGL §45-2-6 issue at the time of the purchase and sales agreement.
Mr. Milos responds yes and notes that the process is to have the title insurance company review the purchase and sales agreement and the titles to the property to see if any issues exist. The title insurance company did not catch it then, but they are aware of it now.
Councilor Gregor asks about certain issues in the purchase and sales agreement. He does not believe that the city was accurate in the statements in the purchase and sales agreement because there was no mention of the issue of RIGL §45-2-6. He believes that the purchase and sales agreement is null and void because the council was not given accurate information. He believes that everything related to Morley Field should be thrown out, since the city is not able to sell Lot 291.
Mr. Milos states that he does not agree that everything should be thrown out. He feels that the city has options.
Councilor Gregor states that Mr. Milos supported the purchase and sales agreement. However, the Council has no authority to sell Lot 291.
President Moran asks if the Council had the authority to do what it did when approving the purchase and sales agreement.
Mr. Milos states that at the time the City knew of the restriction but thought the 30-year law overrode it and they were waiting to hear from the title company on whether they believed it was an issue. The title company did not pick-up on it until July and now the city realizes if the they want to sell Lot 291 they need enabling legislation. He states that there are no issues to selling Lot 309.
Councilor Darosa asks about the validity of selling a piece of Lot 309 years ago.
Ms. Policastro states that there was no problem with that sale.
President Moran asks if the inability to convey Lot 291 makes the purchase and sales agreement null and void.
Mr. Milos states that they can sell Lot 309, just not Lot 291 at this time.
Councilor Gregor thinks that the purchase and sales agreement was for the full property and therefore the whole thing is null and void.
Mr. Milos disagrees and states that it specifically references two lots in all documents.
Councilor Mercer asks if anything was intentionally withheld from the Council.
Mr. Milos states no.
Councilor Mercer asks if the purchase and sales agreement is null and void.
Mr. Milos states that he will have to research that matter more closely.
Councilor DaRosa asks the Council to remember that the late Councilor, Ama Amponsah, ran her campaign on keeping Morley Field and the council should honor her wishes. She feels that the administration neglected Morley Field over the last 10 years and that Morley Field is important to the mental health of the youth in the community. She thinks that the city should have known about the issue with RIGL §45-2-6. She is opposed to moving the park to the riverfront. The Planning department should have known that there was not 5 acres of space in District 5. She states that there needs to be green space in District 5. She feels that the mayor failed the residents of that District.
Councilor Gregor states that he has received no support from the Council on the keeping of greenspace in District 5. He believes that the planning department and the administration knew about the restriction and deliberately misled the council in order to get the vote.
Upon motion made by Councilor Mercer, seconded by Councilor Araujo, the Council adjourns at 7:57 p.m.