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 20, 1993, and is called to order at 8:00 P.M. by Mayor Rolland R. Grant.
Present
Rolland R. Grant Mayor
Joseph S. Larisa, Jr.
Gerald R. Lynch
Norman J. Miranda
Robert D. Sullivan
Council Members
Paul E. Lemont, City Manager
William J. Conley, Jr., City Solicitor
Valerie A. Perry, City Clerk
(Lynn Pagano, Woods Reporting, 20 Fifth Street, Providence, Rhode Island, is present to record the proceedings of the public hearings)
Invocation is given by Councilman Robert D. Sullivan.
Salute to the Flag is led by Councilman Gerald R. Lynch.
TO APPROVE THE CONSENT CALENDAR
On motion of Mr. Lynch, seconded by Mr. Miranda, and on a roll-call vote with all Council members present and voting, it is voted to approve the Consent Calendar.
Coastal Resources Management Council
By Grover J. Fugate, Executive Director
File No. M93-11-23
Requesting to remove/dispose/reconstruct 5' x 85' +- fixed timber pier, located at Shore Road, Plat Map 212, Block 3, Lot 13. (City of East Providence)
Received as information.
(Permission to advertise)
CC
Alcoholic Beverage License - Class A Package Store - Transfer/Name only
From - Liquor Depot
To - Liquor Depot Inc.
Location - 1235 Wampanoag Trail
Subject to Police Chief's approval
Subject to Building Inspector's approval
Granted.
Cancellations/Abatements
City Assessor requesting cancellation of taxes as follows:
Year Amount
1993 $ 5,762.61
Approved.
Board of Assessment Review Approved
CC *
Board of Assessment Review
By Peter P. Calise, Chairman, Eugene J. Amaral, Vice-Chairman and Daniel Rowe, Secretary
1993 Tax Roll Assessment Appeals - (Decision)
Approved.
ORDINANCES - Final Passage (Given first passage December 6, 1993)
Advertised - Providence Journal - December 10, 1993
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.
CHAPTER NO. 275
(Requested by Director of Public Works)
The above-entitled ordinance, referred to this time and place for a public hearing and consideration of final passage, is called for hearing.
There are no persons present who wish to be heard.
On motion of Mr. Sullivan, seconded by Mr. Miranda, and on a unanimous roll-call vote with all Council members present and voting, said ordinance is adopted.
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 vending machines prohibited.
CHAPTER NO. 276
(Requested by Mayor Rolland R. Grant)
The above-entitled ordinance, referred to this time and place for a public hearing and consideration of final passage, is called for hearing.
The Mayor calls the ordinance for public hearing and the City Solicitor swears the speakers in.
The following speak in favor of the ordinance:
Jerry Muldivir, American Cancer Society, 400 Main Street, Pawtucket, Rhode Island
Lotatie Lambrite, Rhode Island Department of Group Health
David Chappell, American Heart Association
Kathleen Bennett, 359 Dodge Street, East Providence, Rhode Island, Chairperson for the East Providence Substance Abuse Task Force
Providence Substance Abuse Task Force
Representative Rodney Driver, P.O. Box 356 West Kingston
Margaret Kane, Executive Director of the American Lung Association
The following speak against the ordinance:
Representative Francis Gaschen, 180 Little Pond Road, Coventry, Rhode Island
John DeCarlo, 16 Chandler Drive, Coventry, Rhode Island
Marc Charleson, representing two of the vendors George Simpson, President and owner of Rowe Vending Officer Christopher Gilfillan
Mr. Larisa makes the following proposals: (1) Not barring machines from establishments that require patrons must be at least 21 years of age. (2) Vending machines will contain lock box operation by clerks.
After further discussion, the meeting is recessed at 9:10 P.M. and reconvenes at 9:15 P.M. with all Council members present.
The discussion continues. Mr. Sullivan makes a motion adopt the ordinance. Mr. Larisa seconds the motion for Mayor Grant. Mayor Grant comments on the ordinance.
Roll-call vote follows:
Mr. Larisa Nay
Mr. Lynch Nay
Mr. Miranda Nay
Mr. Sullivan Aye
Mayor Grant Aye
Motion fails on a 2-3 vote.
Mr. Sullivan makes a motion to amend the ordinance by requiring cigarette vending machines be placed in liquor establishments where patrons have to be at least 21 years of age. Motion is seconded by Mr. Miranda.
Roll-call vote follows:
Mr. Larisa Nay
Mr. Lynch Nay
Mr. Miranda Nay
Mr. Sullivan Aye
Mayor Grant Aye
Motion fails on a 2-3 vote.
Mr. Larisa proposes amending the ordinance as follows:
Section A - by adding: "provided, however, that this ordinance shall not apply to: 1) Cigarette Vending machines in establishments where, as a condition of entry to the premises and access to the cigarette vending machine, persons are required to be at least 18 years of age, or 2) Vending machines equipped and used with an operating lock box or similar control device which requires intervention of an adult to obtain cigarettes from the vending machine.
Section B - by adding: Any person who sells cigarettes in violation of paragraph A as amended would be punished by the fines table set forth therein, namely $100, $200 and $300 for each consecutive violation.
Mr. Larisa makes the motion, seconded by Mr. Lynch, and a roll-call vote follows:
Mr. Larisa Aye
Mr. Lynch Aye
Mr. Miranda Aye
Mr. Sullivan Aye
Mayor Grant Aye
Motion passes 5-0.
Meeting recesses at 10:30 P.M. and reconvenes at 10:40 P.M. with all Council members present.
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)
CHAPTER NO. 277
(Requested by Mayor Rolland R. Grant)
The above-entitled ordinance, referred to this time and place for a public hearing and consideration of final passage, is called for hearing.
On motion of Mr. Lynch, seconded by Mr. Larisa, and on a unanimous roll-call vote with all Council members present and voting, it is voted to defer the above ordinance to the next regular Council meeting to be held on January 4, 1994.
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)
CHAPTER NO. 278
(Requested by Planning Board)
The above-entitled ordinance, referred to this time and place for a public hearing and consideration of final passage, is called for hearing.
There are no persons present who wish to be heard.
On motion of Mr. Sullivan, seconded by Mr. Miranda, and on a unanimous roll-call vote with all Council members present and voting, said ordinance is adopted.
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.
CHAPTER NO. 279
(Requested by Councilman Joseph S. Larisa, Jr.)
The above-entitled ordinance, referred to this time and place for a public hearing and consideration of final passage, is called for hearing.
There are no persons present who wish to be heard.
On motion of Mr. Sullivan, seconded by Mr. Larisa, and on a unanimous roll-call vote, with all Council members present and voting, said ordinance is adopted.
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.
CHAPTER NO. 280
(Requested by Mayor Rolland R. Grant)
The above-entitled ordinance, referred to this time and place for a public hearing and consideration of final passage, is called for hearing.
There are no persons present who wish to be heard.
On motion of Mr. Sullivan, seconded by Mr. Larisa, and on a unanimous roll-call vote, with all Council members present and voting, said ordinance is adopted.
LICENSES
ALCOHOLIC BEVERAGE LICENSE - Class B-Full Privilege (Victualer)
Advertised - East Providence Post - November 18 & 25, 1993
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
The City Clerk states that a petition received by abutters must be verified.
On motion of Mr. Sullivan, seconded by Mr. Larisa, and on a unanimous roll-call vote with all Council members present and voting, it is voted to defer this license to the next regular Council meeting to be held on January 4, 1994.
Roll-call vote follows:
Mr. Larisa Nay
Mr. Lynch Aye
Mr. Miranda Aye
Mr. Sullivan Aye
Mayor Grant Nay
Motion passes 3-2.
2. Request Executive Session - Police Contract
Last issue on docket.
Law Department
1. By William J. Conley, Jr., City Solicitor
Re: East Providence Land Trust/Taxes for Real Estate Acquisition for a portion of the former Bridgham Farm property.
Mr. Conley says if it's the Council's intention not to have the Land Trust pay any taxes for the property they purchased in 1993, then the Council must abate that $8, 509.45.
Motion is made by Mr. Miranda, seconded by Mr. Larisa, and unanimously voted on a roll-call vote.
2. City Manager Employment Agreement
Motion made by Mr. Miranda, seconded by Mr. Lynch, to receive as information. Motion passes 5-0.
City Clerk
By Valerie A. Perry, City Clerk Requesting amendment of 1994 Council Meeting Schedule by changing the January 3rd Meeting to January 4, 1994.
Accepted.
Public Works Department
By Julia Forgue, Public Works Director
Re: Review of the Snow Plowing and Sanding Operations for the City
Julia Forgue, Director of Public Works, speaks on Snow Plowing and Sanding Operations for the City.
Planning Department
By Jeanne Boyle, Planning Director
1. * Memo dated 12/15/93 to City Council from Planning
Re: Donation of poroperty by D'Ambra Realty Board Corporation
On motion of Mr. Lynch, seconded by Mr. Larisa, it is unanimously voted to accept the property.
Victualling License - 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
On motion of Mr. Lynch, seconded by Mr. Larisa, it is unanimously voted to defer this license to the next regular Council meeting to be held on January 4, 1994.
Sunday/Holiday License
Applicant - Look & listen Limited
Timothy & Elizabeth Patnaude
Location - 25 B Circle Street
Subject to Police Chief's approval
Subject to Building Inspector's approval
Timothy Patnaude, 65 Martha Road, is present and sworn. The license is approved pending application for a Secondhand License.
Motion to approve made by Mr. Lynch, seconded by Mr. Larisa, and voted 5-0.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
1. * Harbor Master's Budget/Mooring Fees
A discussion is held on the increase in the salaries of the Harbor Master and Assistants. Following discussion, Mr. Larisa makes a motion to approve the budget without the salary increases.
Roll-call vote follows:
Mr. Larisa Aye
Mr. Lynch Nay
Mr. Miranda Nay
Mr. Sullivan Nay
Mayor Grant Aye
Motion fails 2-3 vote.
Motion is made by Mr. Sullivan, seconded by Mr. Miranda, to give the raises and accept Mr. Lemont's proposed budget for the Harbor Master.
2. * Memo dated 12/15/93 to City Council from Planning Board
Re: Zoning and Subdivision Revisions
Unanimously approved on motion of Mr. Sullivan, seconded by Mr. Miranda.
3. * Memo dated 12/15/93 to City Council from Planning Board
Re: Reappointment of Clifton A. Moore to Planning Board
Unanimously approved on motion of Mr. Lynch, seconded by Mr. Miranda.
Carousel Park Commission
By Rose Larisa, Chairperson
Re: Requesting permission to purchase a painting to be used for the Capital Fund Raising Campaign.
Referred to the City Manager on motion of Mr. Larisa, seconded by Mr. Miranda.
There are no claims at his time.
Mayor Grant receives Unanimous Consent to discuss the police incident involving Santa Claus. He asks the City Manager to conduct an investigation.
Mayor Grant also says that he has discussed the striping of Purchase Street and Centre Street, as requested by Mr. Lynch.
Mr. Miranda receives Unanimous Consent to give an update on the Charity Ball.
(By Councilman Robert D. Sullivan)
1. Temporary Municipal Court Office
Mr. Sullivan suggests using half of Conference Room A in City Hall for the Municipal Court office and the Council Chamber for the Court.
Motion is made by Mr. Sullivan, seconded by Mr. Larisa for discussion.
Mr. Lemont says there is a parking problem and a constant need for Room A. He says the City would be better to purchase a building with funds from the Sale of Surplus Property account
Mr. Miranda says he does not want the Municipal Court in the Council Chamber.
After further discussion, Mr. Sullivan rescinds his motion and Mr. Larisa rescinds his second. New motion made by Mr. Sullivan to refer the matter to the Planning Department for a report of available buildings, and to the City Manager. Motion passes 5-0.
2. Expiration of Trash Contract
Mr. Sullivan speaks on the trash hauler service in the City. He says he has received many complaints from constituents about the quality of service.
Mr. Lemont agrees and says that he has a meeting soon with the various trash haulers to bring them up to speed.
1. * RESOLUTION IN ABANDONMENT OF FORD AVE (Formerly known as as Pine Avenue)
Resolve No. 31
The above-entitled Resolution is introduced and, on motion of Mr. Sullivan, seconded by Mr. Larisa, and on a unanimous roll-call vote with all Council members present and voting, is adopted.
2. * RESOLUTION APPROVING THE CITY OF EAST PROVIDENCE COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY (CHAS)
Resolve No. 32
The above-entitled Resolution is introduced and, on motion of Mr. Lynch, seconded by Mr. Miranda, and on a unanimous roll-call vote with all Council members present and voting, is adopted.
Housing Award
Mr. Lemont announces that the City has received notification from the Governor's office that the City has won an award for its housing program.
Motion is made by Mr. Sullivan, seconded by Mr. Miranda, to recess into Executive Session to discuss negotiations. Motion passes 5-0.
Meeting reconvened and adjourned at 11:58 P.M.
Attest:
Valerie A. Perry
City Clerk
Approved: DEC 20 1993