October 8, 2008 - Regular City Council Session

 

City Council, October 8, 2008

 

A regular session of the Pawtucket City Council is held Wednesday, October 8, 2008, at 7:06 p.m. in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI. 

 

Present – President Bray, Councilors Barry, Chadwick, Kinch, Hodge, Moran and Wildenhain.

 

Absent – Councilor Grebien.

 

President Bray presides.

 

The reading of the records of September 24, 2008 is dispensed with and the records are APPROVED as prepared by the Clerk.

 

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

 

*THE FOLLOWING COMMUNICATIONS ARE READ AND ORDERED FILED:

 

028

A.    Communication from Kenneth R. McGill, Registrar, to Mary E. Bray, President, Pawtucket City Council (Board of Canvassers Public Input Period)

 

 

7

B.     Communication from Rhode Island Clean Water Finance Agency to the City of Pawtucket (Various Forms and Statements)

 

 

028

C.     Resolution from Anna M. Stetson, Providence City Clerk, to Municipal Clerks (Resolution in Support of Ovarian Cancer Awareness Month)

 

 

611

D.    Communication from Jeannine S. Bourski, Deputy Finance Director,  to Mary E. Bray, President, Pawtucket City Council (Uniform Overtime FY09)

 

 

623

E.     Communication from Angel S. Garcia, Director of Personnel, to the Honorable Members of the Pawtucket City Council (Amend Pay Ordinance Chapter 2866 – Fixed Asset Accountant)

 

 

 

F.      An Ordinance in Amendment of Chapter 2866 of the Ordinances of the City of Pawtucket Establishing a Pay Plan for the City of Pawtucket (Fixed Asset Accountant) is LAID ON THE TABLE and REFERRED TO THE FINANCE COMMITTEE

 

609   Communication from Michael Yarbrough, Supervisor, Engineering Support, National Grid, to the City Council, (Petition of National Grid Electric Company and Verizon - New Pole Location on Blodgett Street) is READ AND ORDERED FILED and APPROVED PENDING THE APPROVAL OF THE DIRECTOR OF ZONING AND CODE ENFORCEMENT, on unanimous voice vote.

 

609   Communication from Michael Yarbrough, Supervisor, Engineering Support, National Grid, to the City Council, (Petition of National Grid Electric Company and Verizon - Setting of GRID pole on Ferris Street) is READ AND ORDERED FILED and APPROVED PENDING THE APPROVAL OF THE DIRECTOR OF ZONING AND CODE ENFORCEMENT, on unanimous voice vote.

 

COUNCILOR GREBIEN ARRIVES IN THE CHAMBERS AT 7:10 P.M.

 

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

 

AYES – President Bray, Councilors Barry, Chadwick, Grebien, Hodge, Kinch, Moran and Wildenhain.

 

NOES - 0.

 

588   RESOLUTION DEDICATING THE CORNER AT BROADWAY AND COLUMBINE AVENUE IN THE CITY OF PAWTUCKET, RHODE ISLAND AS THE “STAFF SERGEANT ARMAND ROY MEMORIAL CORNER.”

 

THE CHAIR RECOGNIZES COUNCILOR HODGE.

 

With majority consent of the Council, Councilor Hodge introduces the following ordinance:

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 108 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “CLASS B LICENSE RESTRICTIONS”

 

Upon motion made by Councilor Hodge, seconded by Councilor Barry, the following ordinances is LAID ON THE TABLE and REFERRED TO THE ORDINANCE COMMITTEE:

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 108 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, 1996, ENTITLED “CLASS B LICENSE RESTRICTIONS”

 

THE CHAIR RECOGNIZES COUNCILOR HODGE.

 

With the recommendation of the Ordinance Committee the following motion made by Councilor Hodge, seconded by Councilor Barry, is PASSED on a unanimous voice vote:

 

The Council places a moratorium on any new applications for Class B liquor licenses while revisions to this ordinance are being considered.

 

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

 

AYES – Councilors Barry, Chadwick, Hodge, Kinch, Moran and Wildenhain.

 

NOES - 0.

 

ABSTAINS - President Bray and Councilor Grebien.

 

619   Councilor Bray abstains based on her statement that she serves as a PUC Commissioner which regulates the Pawtucket Water Supply Board – Report Filed.

 

619   Councilor Grebien abstains based on his statement that the “information was not available at the time of the vote” – No Conflict Present

 

623   Communication from Angel S. Garcia, Director of Personnel, to the Honorable Members of the Pawtucket City Council (Proposed Employment Agreement for Assistant Chief Engineer, Pawtucket Water Supply Board for a Three (3) Year Term)

 

THE CHAIR RECOGNIZES COUNCILOR MORAN.

 

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

 

The Clerk is instructed to send a communication to Mark Therrien, Assistant General Manager, Rhode Island Public Transit Authority, regarding problems with busses using Thurbers Avenue as a cut through rather than traveling Benefit Street and Central Avenue. Councilor Moran is asking what steps have been taken since the meeting of July 9, 2008, to eliminate these busses using Thurbers Avenue. The Council is also requesting to know when the bus sign on Mill Street will be taken down as previously discussed.

 

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 Bray, Councilors Barry, Chadwick, Grebien, Hodge, Kinch, Moran and Wildenhain.

 

NOES - 0.

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 2866 OF THE ORDINANCES OF THE CITY OF PAWTUCKET ESTABLISHING A PAY PLAN FOR THE CITY OF PAWTUCKET (LIBRARIAN I)

 

THE CHAIR RECOGNIZES COUNCILOR CHADWICK.

 

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

 

Communication from James F. Chadwick, Jr. City Councilor, District #6 to Richard H. Godfrey, Executive Director, Rhode Island Housing, supporting application of PCDC for Low Income Housing Tax Credits.

 

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

 

591   Communication from James F. Chadwick, Jr. City Councilor, District #6 to Richard H. Godfrey, Executive Director, Rhode Island Housing, supporting application of PCDC for Low Income Housing Tax Credits.

 

THE FOLLOWING AMENDMENT TO THE ORDINANCE ENTITLED “AN ORDINANCE IN AMENDMENT OF CHAPTER 388 OF THE PAWTUCKET CODE OF ORDINANCES, 1996, ENTITLED “VEHICLES AND TRAFFIC.” (4-WAY STOP SIGNS ON BOOTH AVENUE AND CARTER AVENUE)” IS PASSED ON A ROLL CALL VOTE, AS FOLLOWS:

 

AYES – President Bray, Councilors Barry, Chadwick, Grebien, Hodge, Kinch, Moran and Wildenhain.

 

NOES - 0.

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 388 OF THE PAWTUCKET CODE OF ORDINANCES, 1996, ENTITLED “VEHICLES AND TRAFFIC.” (4-WAY 3-WAY STOP SIGNS ON BOOTH AVENUE AND CARTER AVENUE)

 

SECTION 1. There shall be 4-Way 3-Way Stop Signs on Booth Avenue and Carter Avenue)

 

UPON RECOMMENDATION OF THE ORDINANCE COMMITTEE, THE FOLLOWING ORDINANCE IS READ FOR THE FIRST TIME, AS AMENDED, AND PASSED ON A ROLL CALL VOTE, AS FOLLOWS:

 

AYES – President Bray, Councilors Barry, Chadwick, Grebien, Hodge, Kinch, Moran and Wildenhain.

 

NOES - 0.

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 388 OF THE PAWTUCKET CODE OF ORDINANCES, 1996, ENTITLED “VEHICLES AND TRAFFIC.” (4-WAY 3-WAY STOP SIGNS ON BOOTH AVENUE AND CARTER AVENUE), AS AMENDED

 

028   Communication from Marc Fanticola, President, M.C., LLC, d/b/a Jiffy Lube, 121 Newport Avenue, LIC. #2251, requesting removal of stipulations 2 and 3 on license is READ AND ORDERED FILED.

 

THE CHAIR RECOGNIZES COUNCILOR KINCH.

 

Upon motion made by Councilor Kinch, seconded by the entire City Council, stipulations 2 and 3 on license for Jiffy Lube are removed on a unanimous voice vote:

 

STIPULATIONS:

 

1.   The north side of the building must be kept clean at all times.

2.   There will be no yelling by employees from the pit to other employees as to disturb the neighbors.  There will be a better means of communication implemented.

3.   Vehicles waiting to get serviced will shut of their engines so that there will be no exhaust fumes from idling cars entering the neighbors’ windows.

4.   All radios should be turned off, while cars are waiting to be serviced.

5.   Workers shall take their lunch breaks on the south side of the building, so not to disturb neighbors.

6.   All the above directives will be posted for employees and customers in prominently displayed areas.

 

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

 

ENTERTAINMENT –

 

Petition of Concerned Citizens Committee Inc., for a license to conduct a display of pumpkins at Slater Park, on October 10, 11, 12, 17, 18, 24, 25, 2008, from 6:30 p.m. to 9:00 p.m. LIC#5010

 

Petition of St. Mary’s Antiochian Church to conduct an annual bazaar at 60 St. Mary Way, on Saturday, November 8, 2008, from 9:00 am to 8:00 pm and Sunday, November  9,  2008,  from  11:00 am to 5:00  p.m. LIC#5009

 

HOLIDAY – New

 

Nasser Enterprises Inc., d/b/a Amy’s Bakery, 842 Newport Avenue, LIC#5008

 

PIGEON LOFT - Renewal

 

James Luiz, 163 Division St. LIC#3100

 

PINBALL & AMUSEMENT DEVICES - 

 

Bateman, John J. d/b/a Spring Lake Arcade, 25 Andrew Ferland Way (Lynch Arena)(has 4 adding 3 more) LIC#4620

 

VICTUALLING HOUSE First Class - New

 

Nasser Enterprises Inc., d/b/a Amy’s Bakery, 842 Newport Avenue, LIC#5007

 

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

 

PAWNBROKER -

 

Fastcash Pawn & Checkcashers, Inc – Surety, Western Surety Company

 

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

 

Robert Donahue - $90.11

Penella Kaba - $817.63

Tony Reverdes by Robert Testa, Esq. – No Amount Specified

 

 

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 Bray, Councilors Barry, Chadwick, Grebien, Hodge, Kinch, Moran and Wildenhain.

 

NOES - 0.

 

Albert and Shawn Scanlon - $300.00

 

 

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 Bray, Councilors Barry, Chadwick, Grebien, Hodge, Kinch, Moran and Wildenhain.

 

NOES - 0.

 

Dianne Theroux - $2,929.23

 

 

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 Bray, Councilors Barry, Chadwick, Grebien, Hodge, Kinch, Moran and Wildenhain.

 

NOES - 0.

 

Mark Therrien - $309.08

 

 

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:

 

Robert Dacier by USPS Health & Resource Management - $859.68

Shirley Fairbanks – No Amount Specified

Claire Still - $1,799.05

 

 

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE DENIED – CLAIMANT TO CONTACT THE PAWTUCKET WATER SUPPLY BOARD ON A UNANIMOUS VOICE VOTE:

 

Anna Batista - $263.56

Jason Oesterle by Progressive Insurance - $1,389.56

 

 

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:

 

Denise Thurber - $611.00-$647.00

 

 

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:

 

Heather Waldon as parent of Briar Waldon by Jimmy Burchfield, Jr. Esq. - $100,000.00

 

 

UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS DENIED WITH AN OFFER TO SETTLE IN THE AMOUNT OF $500.00 ON A UNANIMOUS VOICE VOTE:

 

Matylda Mikula - $7,977.77-$10,587.77

 

 

THE CHAIR RECOGNIZES COUNCILOR BARRY.

 

With majority consent of the City Council, and with the recommendation of the Committee on Claims and Pending Suits, the following motion made by Councilor Barry, seconded by Councilor Hodge, is PASSED on a unanimous voice vote:

 

The Clerk is instructed to send a communication to Margaret M. Lynch-Gadaleta, Esq., City Solicitor and James DeCelles, Chief Engineer, PWSB, requesting that all claims for damages against the city be expedite during there difficult economic times. The Council is particularly concerned with the process in which claims are handled and expediting payment to claimants.

 

 

Upon motion made by Councilor Hodge, seconded by Councilor Chadwick, the meeting is adjourned at 7:31 p.m.

October 8, 2008 - Regular City Council Session
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