City Council, September 22, 1999
A regular session of the Pawtucket City Council is held Wednesday, September 22, 1999, at eight 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 CONDUCT A FORMAL HEARING ON THE FOLLOWING:
CANDIDA DEPINA, DEPINA’S RESTAURANT, 97 LONSDALE AVENUE
THE COUNCIL RECONVENES AT EIGHT FIVE O’CLOCK P.M.
THE CHAIR RECOGNIZES COUNCILOR BRAY.
With majority consent of the Council, the following motion made by Councilor Bray, seconded by Councilor Hodge, is PASSED on a unanimous voice vote:
The Clerk is instructed to request that the Police Department pick up the 1st Class Victualling House License of Candida DePina, DePina’s Restaurant, 97 Lonsdale Avenue, immediately. It is further ordered that this business be closed until a formal hearing is scheduled and the applicant appears before the City Council.
The reading of the records of September 8, 1999, 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:
**TAKEN OFF CONSENT AGENDA FOR COMMENTS ONLY, NO OTHER ACTION TAKEN.
Petition for a Second Hand Shop License (Class A – Used Automobiles Only) of Nicali Auto Outlet, Inc., 1 Dunnell Lane (535 Prospect Street), Tax Assessor’s Plat 34A, Lot 10, to keep a shop for the purpose of purchasing and selling second hand articles, specifically Used Automobiles, LIC# 40256, which was advertised for a hearing at this time, is taken up:
Speaking in favor is Michael Horan, Attorney, representing the applicant, Antonio Albuquerque, owner.
Attorney Horan states that the business is owned by Antonio Albuquerque and his wife Doreen, who currently operate Dorman’s Auto on Prospect Street, and have run that business for the past 10 years. They also have an auto body shop on Dunnell Lane.
The reason they are requesting this additional second hand shop license is that they need additional space for selling cars.
Upon questioning from Councilor Hoyas, Mr. Albuquerque states that there is sufficient room to park 20 vehicles at one time. The land totals one acre and there is a 10,000 square foot building on the premises. The hours of operation will be 8:00 a.m. until 5:00 p.m. He will not have any signage and will deal in mostly wholesale.
Speaking in opposition is Alfred Elkin, 355 Blackstone Blvd., Providence, RI.
Mr. Elkin is the owner of the adjacent property to the auto repair shop business owned by Mr. Albuquerque. He is concerned that cars from this additional business will be parking along his property and has had problems in the past with vehicles blocking access to his property.
Attorney Horan states the problem with cars blocking his property is not that of Mr. Albuquerque’s customers. He has not been there to cause this problem. It is cause by other businesses in the area.
Mr. Elkin agrees to this but is still concerned with an additional problem occurring.
There are no other speakers.
The Hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR HOYAS.
Upon motion made by Councilor Hoyas, seconded by Hodge, the following license is APPROVED, on a unanimous voice vote:
Petition for a Second Hand Shop License (Class A – Used Automobiles Only) of Nicali Auto Outlet, Inc., 1 Dunnell Lane (535 Prospect Street), Tax Assessor’s Plat 34A, Lot 10, to keep a shop for the purpose of purchasing and selling second hand articles, specifically Used Automobiles, LIC# 40256
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, Councilor Hodge introduces the following entitled communication:
Communication from Margaret M. Lynch, City Solicitor, to Janice M. LaPorte, CMC, City Clerk. (Zoning Board Members appearing before the City Council)
Upon motion made by Councilor Hodge, seconded by Councilor Grebien, the following communication is READ AND ORDERED FILED:
UPON RECOMMENDATION OF THE CITY PROPERTY COMMITTEE THE FOLLOWING COMMUNICATION IS READ AND ORDERED FILED:
THE CHAIR RECOGNIZES COUNCILOR GREBIEN.
Upon motion made by Councilor Grebien, seconded by Councilor Hodge, with the recommendation of the City Property Committee, the following request is APPROVED WITH THE FOLLOWING STIPULATIONS:
STIPULATIONS –
1. Fencing be installed only at those areas where foot traffic would interfere with the horse trail.
2. Brush and overhanging branches to be cut back only to the width of the trails.
3. No trees shall be removed.
THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.
With majority consent of the Council, the following motion made by Councilor Clemente, seconded by Councilor Hodge, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Herbert Weiss, Director, Planning and Economic Development, regarding the newly established HUB Zone in the City of Pawtucket.
The Council is requesting that a pamphlet be sent to those businesses listed in the designated areas affording them the opportunity to bid on government contracts. The Council is further asking that more publicity be given to this new endeavor with the hope of luring more businesses to the city.
The following ordinance is read for the second time and PASSED on a roll call vote, as follows:
AYES - President Barry, Councilors Bray, Carr, Clemente, Grebien, Hodge, Hoyas, Moran, and Wildenhain.
NOES - 0.
UPON RECOMMENDATION OF THE AD HOC TAX TREATY COMMITTEE THE FOLLOWING ORDINANCE IS LAID ON THE TABLE, ON A UNANIMOUS VOICE VOTE:
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, Councilor Moran introduces the following entitled communication:
Communication from Br. Michael Reis, President, Tides Family Services, to John Barry, President, Pawtucket City Council, requesting tax exempt status for the youth center operated by Tides Family Services, Inc., 242 Dexter Street.
Upon motion made by Councilor Moran, seconded by Councilor Hodge, the following communication is READ AND ORDERED FILED and is REFERRED TO THE FINANCE COMMITTEE:
Communication from Br. Michael Reis, President, Tides Family Services, to John Barry, President, Pawtucket City Council, requesting tax exempt status for the youth center operated by Tides Family Services, Inc., 242 Dexter Street.
COUNCILOR BRAY LEAVES THE CHAMBER AT EIGHT TWENTY O’CLOCK P.M.
THE FOLLOWING ORDINANCE IS LAID ON THE TABLE AND REFERRED TO THE ORDINANCE COMMITTEE, ON A UNANIMOUS VOICE VOTE:
ORDINANCE IN AMENDMENT OF CHAPTER 410 OF REVISED ORDINANCES OF THE CITY OF PAWTUCKET – ZONING MAP 40B, LOTS 156, 157, AND 158.
The following License is APPROVED on a unanimous voice vote:
VICTUALLING HOUSE 1st Class –
The Sports Zone Inc. d/b/a Sportsmen Café (transfer from Pub 602 Inc.), 602 Smithfield Avenue, LIC# 00539
*The following License is APPROVED on a unanimous voice vote:
SANDWICH BOARD SIGN PERMIT –
Michael’s Boulevard Meats, 627 Armistice Blvd. (one)
*THE FOLLOWING BOND IS APPROVED, SURETY NAMED IS ACCEPTED:
PRIVATE DETECTIVE –
Richard E. Macedo, Surety – Western Surety Company
*THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE REFERRED TO THE COMMITTEE ON CLAIMS AND PENDING SUITS:
Robert Audette, by Amica Mutual Insurance Co. - $1,735.96
CPI Controls/John Ruggieri - $302.38
David Dacier, by Atty. Joseph-Anthony Dimaio – NO AMOUNT SPECIFIED
Denise A. LaCap and Nelson Rodrigues - $100,000.00 +
Jessica Lisi, by Atty. Thomas W. Pearlman - $75,000.00
Robert G. & Elizabeth A. Wentzell - $1,911.50
John J. Wojcik, Jr., by Atty. Edward F. Grourke – 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 Barry, Councilors Carr, Clemente, Grebien, Hodge, Hoyas, Moran, and Wildenhain.
NOES - 0.
Joseph M. Taveria - $108.00
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 Carr, Clemente, Grebien, Hodge, Hoyas, Moran, and Wildenhain.
NOES - 0.
Antero S. Almeida - $3,967.68 or Book Value, whichever is lower.
COUNCILOR BRAY RETURNS TO THE CHAMBER AT EIGHT TWENTY-FIVE O’CLOCK P.M.
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE TAKEN UNDER ADVISEMENT AND REFERRED TO THE LEGAL DEPARTMENT:
Leslie Cipriano - $100,000.00
Sandra & Amadeo Gamboa - $2,933.45
Francis C. Laushway - $15,000.00
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIM FOR DAMAGES AGAINST THE CITY IS DENIED – CLAIMANT TO CONTACT THE RI DEPARTMENT OF TRANSPORTATION:
Kathleen Robert - $318.45/$331.75
UPON RECOMMENDATION OF THE COMMITTEE ON CLAIMS AND PENDING SUITS, THE FOLLOWING CLAIMS FOR DAMAGES AGAINST THE CITY ARE DENIED:
Michael F. Mefford - $511.80/$575.33
Edward W. Wilcox - $160.00 (Resubmitted Claim)
THE CHAIR RECOGNIZES COUNCILOR BRAY.
Upon motion made by Councilor Bray, seconded by Councilor Grebien, the following license is LAID ON THE TABLE on a unanimous voice vote:
VICTUALLING HOUSE 1st Class –
Joseph Depina d/b/a Depina’s Restaurant, (transfer from Candida Depina d/b/a Depina’s Restaurant), 97 Lonsdale Avenue, LIC# 00538
The City Council meeting is adjourned in memory of Heidi Mutter, and George Hunter, at eight twenty-five o’clock p.m.