City Council, November 22, 2022

 

 

A regular session of the Pawtucket City Council is held Tuesday, November 22, 2022, at 7:41 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.

 

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

 

Absent – 0.

 

President Moran presides.

 

THE COUNCIL RECESSES IMMEDIATELY TO CONDUCT A PUBLIC HEARING ON THE FOLLOWING:

 

RESOLUTION AUTHORIZING AN AMENDMENT TO THE 20-YEAR TAX STABILIZATION AGREEMENT FOR TIDEWATER STADIUM, LLC FOR THE PROPERTY AT 11 TIDEWATER ST. (AP 65 LOT 723)

 

THE COUNCIL RECONVENES AT 8:06 PM

 

The reading of the records of the November 9, 2022 City Council meeting and Committee on Claims & Pending Suits meeting is dispensed with and the records are APPROVED as prepared by the Clerk.

 

 

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

 

           

590      A.     Communication from His Honor, Mayor Donald R. Grebien, to the Honorable Chair Erin Dube and Members of the Pawtucket School Committee, Requesting a Project Management Committee be Established for the New Pawtucket High School

           

            C.     THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY, IS REFERRED TO THE LAW DEPARTMENT AND RI INTERLOCAL TRUST:

Catherine Pelletier, by Karen A. Alegia, Esq. – No Amount Specified (Accident w/ Police Vehicle)

           

1          B.     Communication from Tina Goncalves, Chief of Police, to the Honorable Members of the Pawtucket City Council.   (Response – Speeding in the City) IS READ AND ORDERED FILED

Antonios Clapsis - $481.75 (Pothole)

 

THE CHAIR RECOGNIZES COUNCILOR DAROSA

 

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

 

The Clerk is instructed to send a communication to Tina Goncalves, Chief of Police, and Mike Burns, Traffic Engineer, requesting that the Police Department and Traffic Division look into installing slow flashing lights on West Avenue, between Main Street and Payne Park.

 

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

Edward F. Cunha, Jr. - $642.00 (Pothole)

Hugo Figueroa, by Allstate Insurance - $931.02 (Accident w/ Fire Vehicle)

Cara Ferrone, by SubroIQ - $675.04 (Accident w/ Police Vehicle)

 

THE CHAIR RECOGNIZES COUNCILOR VASQUEZ

 

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

 

Antonios Clapsis - $481.75 (Pothole)

 

Upon motion made by Councilor Vasquez, seconded by Councilor Mercer, the following claim IS REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS on a unanimous voice vote.

 

Antonios Clapsis - $481.75 (Pothole)

 

 

THE CHAIR RECOGNIZES COUNCILOR STACHOWIAK

 

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

 

Communication from Dylan Zelazo, Director of Administration, to Richard J. Goldstein, MMC, City Clerk (Response – Reducing speed on Power Road).

 

Upon motion made by Councilor Stachowiak, seconded by Councilor Wildenhain, the following communication IS READ AND ORDERED FILED on a unanimous voice vote.

 

625      Communication from Dylan Zelazo, Director of Administration, to Richard J. Goldstein, MMC, City Clerk (Response – Reducing speed on Power Road).

 

 

625      Communication from Dylan Zelazo, Director of Administration, to the Honorable Members of the Pawtucket City Council.  (Reappointments to the Parks Commission) IS READ AND ORDERED FILED

 

 

THE FOLLOWING REAPPOINTMENT WAS POSTPONED AT THE MEETING HELD ON NOVEMBER 9, 2022, AND IS AGAIN TAKEN UP:

 

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

 

PARKS COMMISSION

 

Daniel J. Imbracsio, 149 Oswald Street, Pawtucket, RI 02861. Term expires 1^st Monday in August, 2025

 

THE CHAIR RECOGNIZES COUNCILOR GREGOR

 

Upon motion made by Councilor Gregor, seconded by Councilor DaRosa, the following motion to POSTPONE the appointment of Daniel J. Imbracsio to the Parks Commission is DEFEATED on a roll call vote, as follows:

 

AYES - Councilors DaRosa, Gregor and Schuette.

 

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

 

City Council, November 22, 2022

 

 

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

 

PARKS COMMISSION

 

Daniel J. Imbracsio, 149 Oswald Street, Pawtucket, RI 02861. Term expires 1^st Monday in August, 2025 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, Mercer, Schuette, Stachowiak, Vasquez and Wildenhain.

 

NOES – Councilors DaRosa and Gregor.

 

PARKS COMMISSION

 

Daniel J. Imbracsio, 149 Oswald Street, Pawtucket, RI 02861. Term expires 1^st Monday in August, 2025

 

 

 

COUNCLOR DAROSA LEAVES AT 8:25 PM

 

 

 

THE FOLLOWING REAPPOINTMENT WAS POSTPONED AT THE MEETING HELD ON NOVEMBER 9, 2022, AND IS AGAIN TAKEN UP:

 

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

 

PARKS COMMISSION

 

Mary Healey, 85 Armistice Blvd, Pawtucket, RI 02861 Term expires 1^st Monday in August, 2025 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, Mercer, Schuette, Stachowiak, Vasquez and Wildenhain.

 

NOES – Councilor Gregor.

 

PARKS COMMISSION

 

Mary Healey, 85 Armistice Blvd, Pawtucket, RI 02861 Term expires 1^st Monday in August, 2025.

 

 

 

The following resolution, which is returned by the Finance Committee and City Property Committee with recommendations for APPROVAL, is taken up:

 

RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDED MASTER DEVELOPMENT AGREEMENT, INCLUDING THE ATTACHED CONSTRUCTION AND DISBURSING ESCROW AND INTERCREDITOR AGREEMENT, BETWEEN THE CITY OF PAWTUCKET, THE PAWTUCKET REDEVELOPMENT AGENCY, FORTUITOUS TIDEWATER OZ LLC, AND TIDEWATER STADIUM, LLC.

 

THE CHAIR RECOGNIZES COUNCILOR ARAUJO

 

Upon motion made by Councilor Araujo, seconded by Councilor Mercer, the following AMENDMENT to the above resolution is introduced:

 

Amend the Following:

 

NOW THEREFORE, BE IT RESOLVED, THAT THE PAWTUCKET CITY COUNCIL, WITH THE RECOMMENDATION OF THE PRA AND THE FINANCE COMMITTEE DOES HEREBY AUTHORIZE AND APPROVE THE CITY OF PAWTUCKET TO AUTHORIZE AND EXECUTE THE FIRST AMENDED MASTER DEVELOPMENT AGREEMENT BY AND AMONG THE CITY, THE PRA, THE DEVELOPER, AND TS-LLC IN ASSOCIATION WITH THE TIDEWATER LANDING PROJECT, IN SUBSTANTIALLY THE FORM PRESENTED TO THE CITY COUNCIL, AS WELL AS THE CONSTRUCTION AND DISBURSING ESCROW AND INTERCREDTOR AGREEMENT ATTACHED THERETO, WHICH SHALL ALSO BE SIGNED BY THE DEVELOPER’S LENDER AND THE RHODE ISLAND COMMERCE CORPORATION, EACH WITH SUCH CHANGES, OMISSIONS, INSERTIONS AND REVISIONS, MADE IN ACCORDANCE WITH THE TERMS OF SUCH DOCUMENTS OR WITHOUT MATERIALLY DEVIATING FROM THE INTENT THEREOF, AS SHALL BE DETERMINED ADVISABLE BY THE PERSON EXECUTING THE SAME, AND SUCH AUTHORIZED PERSON’S EXECUTION THEREOF SHALL BE CONCLUSIVE TO SUCH DETERMINATION.

 

Upon motion made by Councilor Araujo, seconded by Councilor Mercer, the following amendment is PASSED on a roll call vote, as follows:

 

AYES - President Moran, Councilors Araujo, Gregor, Mercer, Schuette, Stachowiak, Vasquez and Wildenhain.

 

NOES – 0.

 

Amend the Following:

 

NOW THEREFORE, BE IT RESOLVED, THAT THE PAWTUCKET CITY COUNCIL, WITH THE RECOMMENDATION OF THE PRA AND THE FINANCE COMMITTEE DOES HEREBY AUTHORIZE AND APPROVE THE CITY OF PAWTUCKET TO AUTHORIZE AND EXECUTE THE FIRST AMENDED MASTER DEVELOPMENT AGREEMENT BY AND AMONG THE CITY, THE PRA, THE DEVELOPER, AND TS-LLC IN ASSOCIATION WITH THE TIDEWATER LANDING PROJECT, IN SUBSTANTIALLY THE FORM PRESENTED TO THE CITY COUNCIL, AS WELL AS THE CONSTRUCTION AND DISBURSING ESCROW AND INTERCREDTOR AGREEMENT ATTACHED THERETO, WHICH SHALL ALSO BE SIGNED BY THE DEVELOPER’S LENDER AND THE RHODE ISLAND COMMERCE CORPORATION, EACH WITH SUCH CHANGES, OMISSIONS, INSERTIONS AND REVISIONS, MADE IN ACCORDANCE WITH THE TERMS OF SUCH DOCUMENTS OR WITHOUT MATERIALLY DEVIATING FROM THE INTENT THEREOF, AS SHALL BE DETERMINED ADVISABLE BY THE PERSON EXECUTING THE SAME, AND SUCH AUTHORIZED PERSON’S EXECUTION THEREOF SHALL BE CONCLUSIVE TO SUCH DETERMINATION.

 

 

The following resolution is READ AND PASSED, AS AMENDED, on a roll call vote as follows:

 

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

 

NOES – Councilor Schuette.

 

588      RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDED MASTER DEVELOPMENT AGREEMENT, INCLUDING THE ATTACHED CONSTRUCTION AND DISBURSING ESCROW AND INTERCREDITOR AGREEMENT, BETWEEN THE CITY OF PAWTUCKET, THE PAWTUCKET REDEVELOPMENT AGENCY, FORTUITOUS TIDEWATER OZ LLC, AND TIDEWATER STADIUM, LLC., AS AMENDED

 

 

THE CHAIR RECOGNIZES COUNCILOR ARAUJO

 

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

 

Communication from Bianca Policastro, Planning Director, to the Honorable Members of the Pawtucket City Council, regarding the Planning Commission’s and PRA’s recommendations of approval for the Second Amendment and Restated Ground Lease for Tidewater Landing

 

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

 

592      Communication from Bianca Policastro, Planning Director, to the Honorable Members of the Pawtucket City Council, regarding the Planning Commission’s and PRA’s recommendations of approval for the Second Amendment and Restated Ground Lease for Tidewater Landing

 

 

 

The following resolution, which is returned by the Finance Committee and City Property Committee with recommendations for APPROVAL, is taken up:

 

RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AMENDED GROUND LEASE AGREEMENT BETWEEN THE CITY OF PAWTUCKET AND FORTUITOUS TIDEWATER OZ LLC FOR THE PROPERTIES LOCATED ON DIVISION AND TAFT STREET AP 23 L672, 673, AND 599 AND AP54 L827.

 

THE CHAIR RECOGNIZES COUNCILOR ARAUJO

 

Upon motion made by Councilor Araujo, seconded by Councilors Wildenhain and Mercer, the following AMENDMENT to the above resolution is introduced:

 

Amend the Following:

 

NOW THEREFORE, BE IT RESOLVED, THAT THE PAWTUCKET CITY COUNCIL, UPON RECOMMENDATION OF THE CITY COUNCIL’S PROPERTY COMMITTEE, DOES HEREBY ACCEPT SAID AMENDED LEASE AGREEMENT AND HEREBY AUTHORIZES THE CITY OF PAWTUCKET, BY AND THROUGH THE MAYOR, OR HIS DULY AUTHORIZED REPRESENTATIVES, TO EXECUTE THE SAME ON BEHALF OF THE CITY OF PAWTUCKET, TOGETHER WITH SUCH CHANGES, OMISSIONS, INSERTIONS AND REVISIONS, MADE IN ACCORDANCE WITH THE TERMS THEREOF OR WITHOUT MATERIALLY DEVIATING FROM THE INTENT THEREOF, AS SHALL BE DETERMINED ADVISABLE BY THE PERSON EXECUTING THE SAME, AND SUCH AUTHORIZED PERSON’S EXECUTION THEREFOR SHALL BE CONCLUSIVE TO SUCH DETERMINATION.

 

Upon motion made by Councilor Araujo, seconded by Councilors Wildenhain and Mercer, the following amendment is PASSED on a roll call vote, as follows:

 

 AYES - President Moran, Councilors Araujo, Gregor, Mercer, Schuette, Stachowiak, Vasquez and Wildenhain.

 

NOES – 0.

 

Amend the Following:

 

NOW THEREFORE, BE IT RESOLVED, THAT THE PAWTUCKET CITY COUNCIL, UPON RECOMMENDATION OF THE CITY COUNCIL’S PROPERTY COMMITTEE, DOES HEREBY ACCEPT SAID AMENDED LEASE AGREEMENT AND HEREBY AUTHORIZES THE CITY OF PAWTUCKET, BY AND THROUGH THE MAYOR, OR HIS DULY AUTHORIZED REPRESENTATIVES, TO EXECUTE THE SAME ON BEHALF OF THE CITY OF PAWTUCKET, TOGETHER WITH SUCH CHANGES, OMISSIONS, INSERTIONS AND REVISIONS, MADE IN ACCORDANCE WITH THE TERMS THEREOF OR WITHOUT MATERIALLY DEVIATING FROM THE INTENT THEREOF, AS SHALL BE DETERMINED ADVISABLE BY THE PERSON EXECUTING THE SAME, AND SUCH AUTHORIZED PERSON’S EXECUTION THEREFOR SHALL BE CONCLUSIVE TO SUCH DETERMINATION.

 

The following resolution is READ AND PASSED, AS AMENDED, on a roll call vote as follows:

 

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

 

NOES – Councilor Schuette.

 

588      RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AMENDED GROUND LEASE AGREEMENT BETWEEN THE CITY OF PAWTUCKET AND FORTUITOUS TIDEWATER OZ LLC FOR THE PROPERTIES LOCATED ON DIVISION AND TAFT STREET AP 23 L672, 673, AND 599 AND AP54 L827, AS AMENDED.

 

 

 

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

 

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

 

NOES – Councilors Gregor and Schuette.

 

588      RESOLUTION AUTHORIZING CITY ACTIONS AND FINANCING DOCUMENTS IN CONNECTION WITH THE FINANCING OF A PORTION OF PHASE 1A OF THE “TIDEWATER LANDING PROJECT”

 

 

 

The following resolution, which is returned by the Finance Committee with a recommendation for APPROVAL, is taken up:

 

RESOLUTION AUTHORIZING AN AMENDMENT TO THE 20-YEAR TAX STABILIZATION AGREEMENT FOR TIDEWATER STADIUM, LLC FOR THE PROPERTY AT 11 TIDEWATER ST. (AP 65 LOT 723)

 

 

THE CHAIR RECOGNIZES COUNCILOR ARAUJO

 

Upon motion made by Councilor Araujo, seconded by Councilors Wildenhain and Mercer, the following AMENDMENT to the above resolution is introduced:

 

Amend the Following:

 

NOW THEREFORE, BE IT RESOLVED, THAT THE PAWTUCKET CITY COUNCIL, UPON RECOMMENDATION OF THE FINANCE COMMITTEE, DOES HEREBY AUTHORIZE AND APPROVE THE CITY OF PAWTUCKET ENTERING INTO A TWENTY-YEAR REAL ESTATE TAX STABILIZATION AGREEMENT WITH TIDEWATER STADIUM, LLC TO BEGIN DECEMBER 31, 2024, PURSUANT TO THE SCHEDULE AS SET FORTH HEREIN, TOGETHER WITH SUCH CHANGES, OMISSIONS, INSERTIONS AND REVISIONS, MADE IN ACCORDANCE WITH THE TERMS THEREOF OR WITHOUT MATERIALLY DEVIATING FROM THE INTENT THEREOF, AS SHALL BE DETERMINED ADVISABLE BY THE PERSON EXECUTING THE SAME, AND SUCH AUTHORIZED PERSON’S EXECUTION THEREFOR SHALL BE CONCLUSIVE TO SUCH DETERMINATION.

 

Upon motion made by Councilor Araujo, seconded by Councilors Wildenhain and Mercer, the following amendment is PASSED on a roll call vote, as follows:

 

AYES - President Moran, Councilors Araujo, Gregor, Mercer, Schuette, Stachowiak, Vasquez and Wildenhain.

 

NOES – 0.

 

Amend the Following:

 

NOW THEREFORE, BE IT RESOLVED, THAT THE PAWTUCKET CITY COUNCIL, UPON RECOMMENDATION OF THE FINANCE COMMITTEE, DOES HEREBY AUTHORIZE AND APPROVE THE CITY OF PAWTUCKET ENTERING INTO A TWENTY-YEAR REAL ESTATE TAX STABILIZATION AGREEMENT WITH TIDEWATER STADIUM, LLC TO BEGIN DECEMBER 31, 2024, PURSUANT TO THE SCHEDULE AS SET FORTH HEREIN, TOGETHER WITH SUCH CHANGES, OMISSIONS, INSERTIONS AND REVISIONS, MADE IN ACCORDANCE WITH THE TERMS THEREOF OR WITHOUT MATERIALLY DEVIATING FROM THE INTENT THEREOF, AS SHALL BE DETERMINED ADVISABLE BY THE PERSON EXECUTING THE SAME, AND SUCH AUTHORIZED PERSON’S EXECUTION THEREFOR SHALL BE CONCLUSIVE TO SUCH DETERMINATION.

 

The following resolution is READ AND PASSED, AS AMENDED, on a roll call vote as follows:

 

 

AYES - President Moran, Councilors Araujo, Gregor, Mercer, Schuette, Stachowiak, Vasquez and Wildenhain.

 

NOES – 0.

 

588      RESOLUTION AUTHORIZING AN AMENDMENT TO THE 20-YEAR TAX STABILIZATION AGREEMENT FOR TIDEWATER STADIUM, LLC FOR THE PROPERTY AT 11 TIDEWATER ST. (AP 65 LOT 723) AS AMENDED

 

 

 

 

Upon motion made by Councilor Wildenhain, seconded by the entire City Council, the Council adjourns in memory of Former First Lady Carol Metivier and in honor of Lynn Moran at 9:29 p.m.