September 9, 2002 - Regular City Council Session

 

City Council, September 9, 2002

 

A regular session of the Pawtucket City Council is held Monday, September 9, 2002, at seven o’clock p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI. 

 

Present – President Barry, Councilors Bray, Carr, Clemente, Grebien, Hodge, Hoyas, Moran, and Wildenhain.

 

Absent – 0

 

President Barry presides.

 

THE COUNCIL RECESSES IMMEDIATELY TO CONVENE AS THE PAWTUCKET BOARD OF LICENSE COMMISSIONERS.

 

THE COUNCIL RECONVENES AT SEVEN THIRTY O’CLOCK P.M.

 

The reading of the records of August 21, 2002, is dispensed with and the records are APPROVED as prepared by the Clerk.

 

Upon motion made by Councilor Bray, seconded by Councilor Hodge, the *Consent Agenda is APPROVED, on a unanimous voice vote.

 

*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:

 

 

061      A.  Annual Report submitted by William L. Shaw II, Director, Affirmative Action Equal Employment Opportunity.

 

595      B.  Communication from Michael D. Cassidy, Executive Director, Pawtucket Redevelopment Agency, to President John J. Barry, III, and the Pawtucket City Council (Notice of Approval of Residential Rehabilitation Loans) 

 

028 & LIC       **  C.  Communication from Attorney John T. Gannon, to Janice M. LaPorte, CMC, City Clerk (Withdrawal for petition of Second Hand Shop License for Metro RI Leasing LLC, d/b/a Off-Lease Auto Sales, 727 Central Avenue)

 

590      D.  Communication from His Honor Mayor James E. Doyle, to the Honorable City Council Members (New RFP for 45 Division Street)

 

028      F.  Communication from Aime Brissette, to the Pawtucket City Council (Trash Pickup)

 

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

 

625      E.  Communication from Francis P. Crawley, Director of Administration, to the Honorable Members of the Pawtucket City Council (Status report to add full-time position to the Division of Zoning and Code Enforcement) is READ AND ORDERED FILED.

 

THE CHAIR RECOGNIZES COUNCILOR GREBIEN.

 

With majority consent of the Council, Councilor Grebien introduces the following communication:

 

Communication from Ronald F. Travers, Director of Zoning and Code Enforcement, to President John J. Barry, III, and the Honorable Council Members (Request for new positions)

 

Upon motion made by Councilor Grebien, seconded by Councilor Wildenhain, the following communication is READ AND ORDERED FILED AND REFERRED TO THE ORDINANCE COMMITTEE ON A UNANIMOUS VOICE VOTE:

 

622      Communication from Ronald F. Travers, Director of Zoning and Code Enforcement, to President John J. Barry, III, and the Honorable Council Members (Request for new positions)

 

THE CHAIR RECOGNIZES COUNCILOR GREBIEN.

 

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

 

The Clerk is instructed to send a communication to Michael D. Cassidy, Director, Planning and Redevelopment, regarding Ron Travers’ request for new positions in Division of Zoning & Code Enforcement.

 

The Council is asking that the process be expedited so that the results of the Personnel Board can be submitted back to the City Council in time for their October 23, 2002, meeting.

 

609      Communication from Edward Paluch, PE Supervisor Project Engineering, Narragansett Electric Company, to Janice M. LaPorte, CMC, City Clerk. (Petition of The Narragansett Electric Company and Verizon for a joint pole location and remove existing joint pole location on Armistice Boulevard) is READ AND ORDERED FILED AND IS APPROVED PENDING THE APPROVAL OF THE DIRECTOR OF PUBLIC WORKS.

 

THE CHAIR RECOGNIZES COUNCILOR MORAN.

 

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

 

The Clerk is instructed to send a communication to John E. Carney, Director of Public Works, and Bill Mulholland, Superintendent of Parks and Recreation, regarding the condition of the facilities at Morley Field on Moshassuck Avenue.

 

Councilor Moran states that the condition of the restrooms are less than satisfactory and is requesting that the bathrooms be cleaned and light bulbs be replaced as is required.

 

A response is requested in time for the September 25, 2002, meeting of the Pawtucket City Council.

 

THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.

 

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

 

The Clerk is instructed to send a communication to John E. Carney, Director of Public Works, on behalf of Council President Barry, requesting an update on the plans for a Skateboard Facility in the City of Pawtucket.

 

A response is requested in time for the September 25, 2002, meeting of the Pawtucket City Council.

 

Communication from Michael F. Horan, Esq., representing Blackstone Exchange L.L.C., 10 Front Street, Assessor’s Plat 22, Lots 319 and 321, requesting permission to excavate a portion of Front Street, immediately in front of the building, to construct two underground injection control infiltration systems is READ AND ORDERED FILED AND REFERRED TO THE CITY PROPERTY COMMITTEE, AND THE DIRECTOR OF PUBLIC WORKS.

 

Petition of Blackstone Exchange L.L.C.  (Assessor’s Plat 22, Lots 319 & 321) and Blackstone Studios, L.L.C. (Assessor’s Plat 22, Lot 318) requesting the abandonment of a portion of Front Street encompassing approximately 5,582 square feet is READ AND ORDERED FILED AND REFERRED TO THE CITY PROPERTY COMMITTEE, CITY PLANNING COMMISSION.

 

UPON RECOMMENDATION OF THE CITY PROPERTY COMMITTEE, THE FOLLOWING REQUEST IS DENIED ON A UNANIMOUS VOICE VOTE:

 

028      Communication from Joseph Raheb Esq., representing Stacey Tramonti, to President John J. Barry, III, requesting to purchase vacant Lot 553 Plat 65 on Merry Street.

 

028      UPON RECOMMENDATION OF THE PUBLIC WORKS COMMITTEE AND THE CITY PROPERTY COMMITTEE THE REQUEST OF MAPLE MEADOWS MOBILE HOME PARK FOR CITY TRASH PICK UP ON MAPLE MEADOWS LANE (CENTER ROAD GOING THROUGH PARK) is APPROVED with the following conditions, on a roll call vote as follows:

 

AYES - President Barry, Councilors Bray, Carr, Clemente, Grebien, Hodge, Hoyas, Moran and Wildenhain.

 

NOES - 0.

 

1.  On the day of trash pick up, the center lane of the park will be free of vehicles from 7:00 AM to 4:00 PM, allowing access for the city trucks to pick up trash and recycling bins.

 

2.  In the event that the lane is blocked and the trash trucks are unable to get through, trash will not be picked up.

 

3.  Trash pick up shall cease in the event that these conditions are not adhered to.

 

COUNCILOR GREBIEN LEAVES THE CHAMBER AT SEVEN FORTY-SEVEN O’CLOCK P.M.

 

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

 

AYES - President Barry, Councilors Bray, Carr, Clemente, Hodge, Hoyas, Moran and Wildenhain.

 

NOES - 0.

 

Drawer 7          Ratification of Contract between the Teamsters Local 64 and the Pawtucket Water Supply Board for the period beginning July 1, 2002 to June 30, 2005.

 

630      Communication from David L. Quinn, Tax Assessor, to the Honorable City Council, (Abatement of taxes on motor vehicles, real estate, and tangible personal property in the sum of $214,752.31) is READ AND ORDERED FILED.

 

THE FOLLOWING RESOLUTION IS LAID ON THE TABLE AND REFERRED TO THE FINANCE COMMITTEE ON A UNANIMOUS VOICE VOTE:

 

RESOLUTION AUTHORIZING THE ABATEMENT OF TAXES ON MOTOR VEHICLES, REAL ESTATE, AND TANGIBLE PERSONAL PROPERTY IN THE SUM OF $214,752.31.

 

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

 

AYES - President Barry, Councilors Bray, Carr, Clemente, Hodge, Hoyas, Moran and Wildenhain.

 

NOES – 0

 

588      RESOLUTION PROCLAIMING OCTOBER 18, 2002, AS “CLEAN WATER DAY”.

 

335      Communication from Ronald L. Wunschel, Director of Finance, to the Honorable Members of the Pawtucket City Council.  (Sale of City of Pawtucket General Obligation Bonds in the amount of $2,800,000) is READ AND ORDERED FILED.

 

THE CHAIR RECOGNIZES COUNCILOR MORAN.

 

With majority consent of the Council, Councilor Moran introduces the following communication:

 

Communication from Ronald L. Wunschel, Director of Finance, to the Honorable Members of the City Council, submitting bids received at the bid opening held at First Southwest Company, on September 9, 2002, for the sale of $2,800,000 City of Pawtucket General Obligation Bonds and concurring with City’s Fiscal Agent, First Southwest Company, that the award be made to the lowest bidder, Fleet National Bank and TGH Securities (formerly Commerce & Oppenheimer) as follows:

 

BIDDER

AMOUNT

RATE

PREMIUM

 

 

 

 

Fleet National Bank

$1,500,000

1.4%

0    

 

 

 

 

TGH Securities

$1,300,000

1.8579%

5,083

           

Upon motion made by Councilor Moran, seconded by Councilor Wildenhain, the following communication is READ AND ORDERED FILED:

 

335      Communication from Ronald L. Wunschel, Director of Finance, to the Honorable Members of the City Council, submitting bids received at the bid opening held at First Southwest Company, on September 9, 2002, for the sale of $2,800,000 City of Pawtucket General Obligation Bonds and concurring with City’s Fiscal Agent, First Southwest Company, that the award be made to the lowest bidder, Fleet National Bank and TGH Securities (formerly Commerce & Oppenheimer) as follows:

 

BIDDER

AMOUNT

RATE

PREMIUM

 

 

 

 

Fleet National Bank

$1,500,000

1.4%

0    

 

 

 

 

TGH Securities

$1,300,000

1.8579%

5,083

 

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

 

AYES - President Barry, Councilors Bray, Carr, Clemente, Hodge, Hoyas, Moran and Wildenhain.

 

NOES – 0

 

335      RESOLUTION AWARDING THE SALE OF $2,800,000 GENERAL OBLIGATION BONDS TO FLEET NATIONAL BANK FOR $1,500,000 AND TGH SECURITIES FOR $1,300,000

 

THE FOLLOWING RESOLUTION IS DENIED ON A ROLL CALL VOTE AS FOLLOWS:

 

AYES - President Barry, Councilors Bray, Carr, Clemente, Hodge, Hoyas, Moran and Wildenhain.

 

NOES –0

 

023      RESOLUTION GRANTING PAUL C. CABRAL PERMISSION TO OCCUPY AND USE CITY PROPERTY LOCATED AT 10 CARVER STREET, SOLELY FOR THE PURPOSE OF MAINTAINING HIS FENCE.

 

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 Barry, Councilors Bray, Carr, Clemente, Hodge, Hoyas, Moran, and Wildenhain.

 

NOES - 0.

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 2652 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED “AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET”, (Water Supply Board)

 

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 Barry, Councilors Bray, Carr, Clemente, Hodge, Hoyas, Moran, and Wildenhain.

 

NOES - 0.

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 2652 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED “AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET”, (Professional and Technical Employees; and Classified Non Union Employees)

 

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 Barry, Councilors Bray, Carr, Clemente, Hodge, Hoyas, Moran, and Wildenhain.

 

NOES - 0.

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 2652 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ENTITLED “AN ORDINANCE ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET” (Water Treatment Operator III, Library Assistant I, II, & III, Library Circulation Supervisor, Bookmobile OP & Clerk, Library Associate, and Librarian II)

 

UPON RECOMMENDATION OF THE PUBLIC WORKS COMMITTEE, THE FOLLOWING ORDINANCE IS LAID ON TABLE ON A UNANIMOUS VOICE VOTE:

 

AN ORDINANCE AUTHORIZING EDDY CARVALHO, ELDRIDGE STREET, ASSESSOR’S PLAT 6, LOTS 75 AND 76, TO TIE INTO THE PAWTUCKET SEWER SYSTEM AT BRANCH STREET.

 

THE FOLLOWING ORDINANCE IS LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE ON A UNANIMOUS VOICE VOTE:

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 2409 OF THE ORDINANCES OF THE CITY OF PAWTUCKET, MAINTAINING A SPECIAL REVENUE ACCOUNT TO BE USED FOR THE PURPOSE OF IMPROVING THE RECORDS SYSTEM MAINTAINED BY THE CITY CLERK’S OFFICE IN THE CITY OF PAWTUCKET.

 

028 & LIC       Communication from Wilson Gervacio, Vice President, B & G Supermarket, Inc., to the Honorable Members of the Pawtucket City Council, requesting to add a business name to B & G Supermarket, Inc., 502 Broadway, to “B & G Supermarket, Inc., d/b/a Compare Foods” is READ AND ORDERED FILED and the request to add a business name to B & G Supermarket, Inc., 502 Broadway, to “B & G Supermarket, Inc., d/b/a Compare Foods” is APPROVED on a unanimous voice vote.

 

THE FOLLOWING COMMUNICATION WHICH WAS LAID ON THE TABLE ON AUGUST 7, 2002, IS AGAIN LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:

 

Communication from Yu Cheng Zou, to The Pawtucket City Council, requesting to amend business name of Eagle Express Chinese Restaurant Corporation., d/b/a Eighty-Eight Asian Restaurant, 852 Newport Avenue, to “Eagle Express Chinese Restaurant Corporation., d/b/a R Bar”.

 

THE CHAIR RECOGNIZES COUNCILOR HODGE.

 

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

 

The Clerk is instructed to send a communication to Patrick J. Quinlan, Esq., regarding a hearing to be conducted by the Public Utilities Commission regarding their concerns with the delay of the Pawtucket Water Supply Board’s project for the new Water Treatment Plant Facility.

 

The Council is asking for a legal opinion on the following:

 

1.  Can the members of the Council attend this meeting, or would this present a conflict?

2.  Should Mr. Quinlan represent the Council at this hearing?

 

The hearing is scheduled for Thursday, September 12, 2002, at 7:00 p.m.

 

THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.

 

Upon motion made by Councilor Clemente, seconded by Councilor Wildenhain, the following license is LAID ON THE TABLE on a unanimous voice vote:

 

VICTUALLING HOUSE 1st Class

 

Corina’s Pub Inc., (Transfer from The Five B’s LLC) 584 Smithfield Avenue, LIC# 00647

 

*THE FOLLOWING LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:

 

ENTERTAINMENT-

 

Petition of Sacred Heart Church for a license to conduct a Religious Festival at 38 Park Street, on Friday, September 13, 2002, from 6:00 p.m. to 12:00 midnight; Saturday, September 14, 2002, from 5:00 p.m. to 10:00 p.m.; and Sunday, September 15, 2002, from 5:00 p.m. to 10:00 p.m.; LIC#0027M

 

PIGEON LOFT (RENEWALS) 2002-2003

 

Frank Ferderighi, 177 Division St. LIC#D0002

James Luiz, 163 Division St. LIC#D0003

John Quilitzsch, 854 Cottage St. LIC#D0005

Luis M. Rodrigues, 12 Vale St. LIC#D0009

Petros Zervas, 27 Harrison St. LIC#D0008

 

SIGN BOARD PERMIT   (RENEWALS)

 

Annex Market Gardens Inc., 113 Power Road. (1) LIC#N0001

 

*THE FOLLOWING BOND IS APPROVED, SURETY NAMED IS ACCEPTED:

 

PAWN BROKERS BOND-

 

Robert M. Carbone d/b/a Pawtucket Pawn Brokers, Surety – Western Surety Company

 

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

 

Alice Brickach-$379.57

Joshua Butterworth, by Attorney Joseph A. Capineri-$100,000.00

Mary Gendreau by Attorney Patricia E. Andrews-$500,000.00

Edmond Mendoza-$1259.00/1947.11

Tammy Ward-$149.00/160.00

 

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 Barry, Councilors Bray, Carr, Clemente, Hodge, Hoyas, Moran, and Wildenhain.

 

NOES - 0.

 

Sait Sado-$480.00

 

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 Barry, Councilors Bray, Carr, Clemente, Hodge, Hoyas, Moran, and Wildenhain.

 

NOES - 0.

 

Linda Keough Serra-$668.86

 

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 Barry, Councilors Bray, Carr, Clemente, Hodge, Hoyas, Moran, and Wildenhain.

 

NOES - 0.

 

Lauren M. Tullie-$150.00

 

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS TAKEN UNDER ADVISEMENT AND REFERRED TO THE LEGAL DEPARTMENT ON A UNANIMOUS VOICE VOTE:

 

Mary Jane Souza-No Amount Specified

 

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS DENIED – CLAIMANT TO CONTACT THE RHODE ISLAND DEPARTMENT OF TRANSPORTATION ON A UNANIMOUS VOICE VOTE:

 

Jose T. Correia -$300.76 /$361.00

 

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS DENIED – CLAIMANT TO CONTACT CONTRACTOR, D-PREY, ON A UNANIMOUS VOICE VOTE:

 

Beatrice Davis- $100,000.00

 

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

 

Nerson Cotto-Santiago, by Attorney Charles J. Vucci-$100,000.00

Flora Emery, by Attorney Jeffry S. Perlow, Esq.-$100,000.00 (Amended Claim)

Domingo Gonzalez, by Attorney Edward A. Shapira-No Amount Specified

 

 

THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.

 

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

 

The Clerk is instructed to send a communication to the Ronald F. Travers, Director Zoning and Code Enforcement, and Michael D. Cassidy, Director Planning and Redevelopment, on behalf of Council President Barry, requesting information on the following:

 

1.  What is the status of the Parkin Yarn Building?

A.  Who is the Owner?

B.  Why is it vacant?

C.  Why are the windows not boarded up?

D.  Why is the building in such disrepair?

 

2.  What is the status of the old Colony Bank Building?

A.  What are the plans?

B.  What is the time frame?

C.  Should the owner be required to board up the windows?

D.  Why is the building in such disrepair?

 

A response is requested in time for the September 25, 2002, meeting of the Pawtucket City Council.

 

Upon motion made by Councilor Hodge, seconded by the entire City Council, the meeting is adjourned in memory of September 11, 2001, remembering the family’s who lost loved ones in the tragedy, at eight twenty o’clock p.m.

September 9, 2002 - Regular City Council Session
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