CITY OF EAST PROVIDENCE, RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
MONDAY,
8:00 P.M.
The City Council meets in the Council Chamber on Monday, December 6, 1993, and is called to order at 8:00 P.M. by Mayor Rolland R. Grant.
Present
Joseph S. Larisa, Jr.
Robert D. Sullivan
Rolland R. Grant Mayor
Council Members
Paul E. Lemont
City Manager
William J. Conley, Jr.
City Solicitor
Valerie A. Perry
City Clerk
Absent
Gerald R. Lynch
Norman J. Miranda
Council Members
(Tracy Simoneau, Woods Reporting, 20 Fifth Street, Providence, Rhode Island, is present to record the proceedings of the public hearings)
Invocation is given by Councilman Joseph S. Larisa, Jr.
Salute to the Flag is led by Councilman Robert D. Sullivan.
TO APPROVE THE CONSENT CALENDAR
On motion of Mr. Larisa, seconded by Mr. Sullivan, and on a roll-call vote 3-0, it is voted to approve the Consent Calendar. Mr. Lynch and Mr. Miranda are noted absent.
APPROVAL OF COUNCIL JOURNALS
Regular Meeting - November 15, 1993
Approved.
Joint Pole Location - The New England Telephone and Telegraph Company and the Narragansett Electric Hartford Avenue - (WO#930846)
Subject to Fire Chief's approval; work to be done subject to Public Works Director's supervision
Granted subject to all stipulations.
Coastal Resources Management Council
By Grover J. Fugate, Executive Director
Administrative Assent No. A93-4-26
Requesting for buffer zone management plan for East Bay Manor Retirement Center, located at East Bay manor Retirement Center; Map 811, Block 7, Parcel 22. (East Bay Manor Limited Partnership)
Received as information.
SHOW CAUSE HEARING
ALCOHOLIC BEVERAGE LICENSE - Class B Full Privilege
(Victualer)
Applicant - Ping C. Chin
dba - Ping Chin Island
Location - 376 Bullocks Point Avenue
The above application, referred to this time and place for a public hearing, is called for hearing.
Lenden Giddens, 50 Manning Street, Attleboro, Massachusetts, is present and sworn. Ms. Giddens answers questions from Robert Simmons, Attorney representing the applicant. Ms. Giddens testifies that the restaurant has last call at 12:15 A.M. and the bar is closed at 12:30 A.M. She says everyone has to leave at 1:00 A.M.
Acting Police Chief Gary Dias addresses the Council regarding the Police report. He says only one drug arrest was made at the restaurant, but there were several arrest made both inside and outside the property. He says no curfew violations were made.
Mr. Simmons says the standards for notification of abutters does not apply to this license because it is a renewal and not a new license.
After further discussion, a motion is made by Mr. Sullivan, seconded by Mr. Larisa, to grant the license renewal with the stipulation that the entertainment will cease at 11:45 P.M., the last call will be at 12:15 A.M., and the issue will be revisited in three months. Motion passes 3-0 on a roll-call vote. Mr. Lynch and Mr. Miranda are noted absent.
Meeting recesses at 9:25 P.M. and reconvenes at 9:35 P.M. Mr. Lynch and Mr. Miranda are noted absent
HIGHWAY ABANDONMENT - FORD AVENUE - (formerly known as Pine Avenue)
From State Street 80 feet southwest to East Providence Veterans Memorial Expressway as shown on a recorded plat of land entitled "Green Lawn Plat," East Providence, Rhode Island, Recorded February 29, 1904. - Tax Assessor's Map 607, Block 21, dated December 31, 1991.
Petitioners - Leigh Realty Associates
J. Robert Pesce
Manuel Pires
Advertised - November 10, 18 & 24, 1993
Notices sent to Utility Companies, November 18, 1993
Notices sent to abutters, November 18, 1993
Planning Board
By Peter G. Poland, Secretary
The Board recommends abandonment by the City Council subject to notification of RIDOT for their opinion regarding any potential impact on the State drainage system.
The above petition, referred to this time and place for a public hearing, is called for hearing.
On motion of Mr. Sullivan, seconded by Mr. Larisa, and on a roll-call vote, it is voted 3-0 that the petition for abandonment be granted. Mr. Lynch and Mr. Miranda are noted absent.
LICENSES
ALCOHOLIC BEVERAGE LICENSE - Class B Full Privilege (Victualer)
Applicant - Tropical Ilhas, Inc.
Location - 472 Waterman Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Subject to Health Inspector's approval
Victualling - Class 2/Not over 50
Applicant - Tropical Ilhas, Inc.
Location - 472 Waterman Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Subject to Health Inspector's approval
Mr. Conley states that the abutters were not notified and the matter needs to be continued to the next meeting.
On motion of Mr. Larisa, seconded by Mr. Sullivan, a on a roll - call vote, it is voted 3-0 to defer the two above applications to the next regular Council meeting to be held, December 20, 1993. Mr. Lynch and Mr. Miranda are noted absent.
Sunday/Holiday Sales
Applicant - Kreg Propatier
dba - The Goalie's Net
Location - 262 Warren Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Kreg Propatier, 262 Warren Avenue, is present and sworn.
Granted subject to all approvals on a 3-0 vote on motion of Mr. Sullivan, seconded by Mr. Larisa. Mr. Lynch and Mr. Miranda are noted absent.
Sunday/Holiday Sales
Applicant - BCF, Inc.
dba - Bowler's Choice
Location - 80 Newport Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Alfred Polocko, 105 Beverage Hill Avenue, Pawtucket, Rhode Island, is present and sworn.
Granted on a 3-0 vote subject to all approvals on motion of Mr. Sullivan, seconded by Mr. Larisa. Mr. Lynch and Mr. Miranda are noted absent.
Victualling - Class 2/Not over 50
Applicant - Delopes Inc.
dba - D'Angelo
Location - Shoppers Town - Taunton Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Subject to Health Inspector's approval
Lisa Lally, 495 Main Street, Pascoag, Rhode Island, is present and sworn.
Granted on a 3-0 vote subject to all approvals on motion of Mr. Larisa, seconded by Sullivan. Mr. Lynch and Mr. Miranda are noted absent.
1. Results - United Way Campaign
Mr. Lemont states that employees contributed more than $10,000 to United Way this year, and more than $2,000 to the Community Fund for Progress. Also, the City has a Dress Down Day once per month, which has raised over $2,000.
2. Request Executive Session - Police Negotiations
Mr. Lemont asked that this request be moved to the last order of business.
On motion of Mr. Larisa, seconded by Mr. Sullivan it is voted 3-0 to move this request to the last order of business. Mr. Miranda and Mr. Lynch are noted absent.
*
City Clerk's Office
Proposed Schedule of Meetings for 1994 Approved
By Valerie A. Perry, City Clerk
Proposed Schedule of Meetings for 1994
January 3, 1994
January 18, 1994 (Tues.) January 17, 1994 - Martin Luther King Day
February 7, 1994
February 22, 1994 (Tues.) February 21, 1994 Presidents Day
March 7, 1994
March 21, 1994
April 4, 1994
April 18, 1994
May 2, 1994
May 16, 1994
June 6, 1994
June 20, 1994
July 18, 1994
August 15, 1994
September 6, 1994 (Tues.) September 5, 1994 - Labor Day
September 19, 1994
October 3, 1994
October 17, 1994
November 7, 1994
November 21, 1994
December 1, 1994 (Inauguration Day)
December 5, 1994
December 19, 1994
On motion of Mr. Sullivan, seconded by Mr. Larisa, it is voted 3-0 to approve the above Council Meeting dates for 1994. Mr. Lynch and Mr. Miranda are noted absent.
*
Engineering Division
Release of Bond Pleasant St. Approved
By Daniel A. Pennington, Acting City Engineer
Requesting the release of the $140.00 bond for proper street repair following installation of a sanitary sewer connection on Pleasant Street.
On motion of Mr. Sullivan, seconded by Mr. Larisa, it is voted 3-0 to approve the release of the bond for Pleasant St. Mr. Lynch and Mr. Miranda are noted absent.
*
Planning Department
By Jeanne Boyle, Planning Director
Memo dated 11-30-93 to City Council from Planning Director, Re: "Requesting Resolution and support of Enterprise Zone."
On motion of Mr. Larisa, seconded by Mr. Sullivan, it is voted 3-0 to approved the Resolution request. Mr. Lynch and Mr. Miranda are noted absent.
Purchasing Department
By John Andrews, Purchasing Agent
Approval of City Councils requested to award an eighty-four (84) month lease/purchase agreement to Emergency One for the procurement of one (1) 1250 GPM Fire Pumper as per my memo to Ken Marcotrigiano, Fi?? Chief, dated 11-19-93 (Revised 11-29-93)
On motion of Mr. Sullivan, seconded by Mr. Larisa, it is voted 3-0 to approve the request. Mr. Lynch and Mr. Miranda are noted absent.
Harbor Management Commission
By John E. Rebello, Jr., Secretary
1. Re-appointment of Robert W. Peterson as Harbor Master for the year 1994, in accordance with East Providence Harbor Management Ordinance - Division 3, Section 13-83, Page 55.
2. Appointments of Assistant Harbor Masters in accordance with East Providence Harbor Management Ordinance - Section 13-83, No. 17, Page 890.
On motion of Mr. Sullivan, seconded by Mr. Larisa, it is voted 3-0 to reappoint Robert W. Peterson as Harbor Master for the year 1994, and also appoint the Assistant Harbor Masters. Mr. Lynch and Mr. Miranda are noted absent.
3. Recommending that mooring fees for 1994 remain at the present rate of $100 per season.
Mr. Larisa asks for a summation of expenses from last year.
Mr. Lemont says the budget for the Harbor Master will be brought up at the next Council meeting.
Motion is made by Mr. Sullivan, seconded by Mr. Larisa, to defer the matter of mooring fees until the next Council meeting to be held December 20, 1993. Motion passes 3-0. Mr. Lynch and Mr. Miranda are noted absent.
Gordon Klegraefe - $436.25 for property damage - deferred
Robert Mosher p.p.a. Keith Mosher - personal injuries - referred to Law Department
Emmett Glenn - $175 property damage - referred to Valco, Inc
Pending Litigation Francis vs. City - deferred to next meeting
(By Councilman Joseph S. Larisa, Jr.)
1. Study of Quarterly City Sewer Charge
Mr. Larisa says he has received complaints about the sewer charge. He requests the matter be referred to the City Manager and Finance Director for a report.
2. The Mayor and R.I. Casino Gambling
Mr. Larisa speaks on Casino Gambling and says he is against it. He says that with a Council/Manager form of government, the Mayor cannot speak in support of anything as Mayor, that he can only speak as a Councilman.
3. Newbay Update
Mr. Larisa gives and update on Newbay. He says the matter may be close to over and the City may win. He says one factor to credit for a possible victory is the economy.
Mr. Larisa receives Unanimous Consent and thanks Alba Curti and Deborah Rochford for the Christmas decorations in City Hall.
1. AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "VEHICLES AND TRAFFIC.", which amends Section I. Subsection 18-315 entitled "Reserved parking designated--Handicapped parking.", by adding thereto the following:
Viola Avenue (east side) from a point approximately 20 feet north of its intersection with Crescent View Avenue northerly for a distance of 30 feet.
(If given first passage, can be referred to December 20, 1993, for hearing and consideration of final passage)
(Requested by Director of Public Works)
The above-entitled ordinance is introduced and, on motion of Mr. Sullivan, seconded by Mr. Larisa and on a roll-call vote 3-0, is given first passage and referred to the next regular Council Meeting to be held on December 20, 1993, for a public hearing and consideration of final passage. Mr. Lynch and Mr. Miranda are noted absent.
2. AN ORDINANCE IN AMENDMENT OF CHAPTER 9 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "MISCELLANEOUS OFFENSES," which amends Section I. Subsection 9-14 entitled "Miscellaneous Offenses", by adding thereto the following:
Section 9-14. Sale of cigarettes by machine prohibited. (a)(b)
(If given first passage, can be referred to December 20, 1993, for hearing and consideration of final passage)
(Requested by Mayor Rolland R. Grant)
Officer Chris Gilfillan speaks on the ordinance at the request of Mayor Grant. He states that the ordinance would be the first in the State of Rhode Island, and that East Providence has one of the highest rate of smokers in the state.
The above-entitled ordinance is introduced and, on a roll-call vote 3-0, is given first passage and referred to the next regular Council Meeting to be held, December 20, 1993, for a public hearing and consideration of final passage. Mr. Lynch and Mr. Miranda are noted absent.
3. AN ORDINANCE IN AMENDMENT OF CHAPTER 9 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "MISCELLANEOUS OFFENSES.", which amends Section I. Subsection 9-15 entitled "Miscellaneous Offenses," by adding thereto the following:
Section 9-15. Sale of cigarette rolling papers prohibited. (a)(b)
(If given first passage can be referred to December 20, 1993, for hearing and consideration of final passage)
(Requested by Mayor Rolland R. Grant)
The above-entitled ordinance is introduced and, on motion of Mr. Larisa, seconded by Mr. Sullivan, and on a roll-call vote 3-0, is given first passage and referred to the next regular Council Meeting to be held on December 20, 1993, for a public hearing and consideration of final passage. Mr. Lynch and Mr. Miranda are noted absent.
4. AN ORDINANCE IN AMENDMENT OF CHAPTER 19 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "ZONING.", which amends Section I. Section 19-156 entitled "Minimum Residential Floor Area." (a)(b)
(If given first passage can be referred to December 20, 1993, for hearing and consideration of final passage)
(Requested by Planning Board)
The above-entitled ordinance is introduced and, on motion of Mr. Sullivan, seconded by Mr. Larisa and on a roll-call vote 3-0, is given first passage and referred to December 20, 1993, for a public hearing and consideration of final passage. Mr. Lynch and Mr. Miranda are noted absent.
5. AN ORDINANCE IN AMENDMENT OF CHAPTER 2 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "ADMINISTRATION," which amends:
Div. II entitled "Senior Citizens Advisory Board" Section 2-195.2 entitled "Appointment and Terms" by adding a representative from R.S.V.P. to the membership.
(If given first passage can be referred to December 20, 1993, for hearing and consideration of final passage)
(Requested by Councilman Joseph S. Larisa, Jr.)
Mr. Sullivan requests the City Clerk to arrange the first meeting of the Senior Citizen Advisory Board.
The above-entitled ordinance is introduced and on motion of Mr. Larisa, seconded by Mr. Sullivan and on a roll-call vote, is given first passage and referred to the next regular Council Meeting to be held on December 20, 1993, for a public hearing and consideration of final passage.
6. * AN ORDINANCE IN AMENDMENT OF CHAPTER 16 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "TAXATION.", which amends Section I. Section 16-16. entitled "Authority of City Assessor.", is amended by adding thereto the following:
(e) granting tax exemption to handicapped individuals who have lost or lost use of both arms or both legs.
(If given first passage can be referred to December 20, 1993, for hearing and consideration of final passage)
(Requested by Mayor Rolland R. Grant)
The above-entitled ordinance is introduced and, on motion of Mr. Larisa, seconded by Mr. Sullivan, and on a roll-call vote 3-0, is given first passage and referred to the regular Council Meeting to be held December 20, 1993, for a public hearing and consideration of final passage. Mr. Lynch and Mr. Miranda are noted absent.
(By Councilman Gerald R. Lynch)
Crossing Guard
Joseph Guglielmo 101 Dewey Avenue 02914
On motion of Mr. Sullivan, seconded by Mr. Larisa, it is voted 3-0 to appoint Joseph Guglielmo as Crossing Guard. Mr. Lynch and Mr. Miranda are noted absent.
(By Mayor Rolland R. Grant)
Christmas Display Award Committee
Dennis Carrier 20 Adams Avenue 02915
Edna Snow 128 Allerton Avenue 02914
On motion of Mr. Larisa, seconded by Mr. Sullivan, it is voted 3-0 to appoint Dennis Carrier and Edna Snow to the above Committee.
Town of Middletown
By Barbara L. Nash, CMC, Town Clerk
Requesting support of a Resolution relative to prosecution of DWI/DUI refusal cases.
Mr. Sullivan says he agrees with the resolution regarding prosecution of DWI/DUI refusal cases. He says the cases should be heard by the State because of the burden on the cities and towns.
Mr. Conley says the burden placed on the local Solicitor' offices will be a difficult one because of the amount to time and number of cases that would have to be prosecuted.
At Mr. Conley's suggestion, motion is made by Mr. Larisa, seconded by Mr. Sullivan, to support the resolution and add an amendment that says "refusal cases shall be prosecuted by the Office of the Attorney General." Motion passes 3-0 with Mr. Lynch and Mr. Miranda noted absent.
Closed Session
Recessed at 11:00 P.M. to Closed Session.
Regular Session
Reconvened into Regular Session and adjourned at 11:25 P.M.
Attest:
Valerie A. Perry
City Clerk
Approved: JAN. 04 1994