CITY OF EAST PROVIDENCE, RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
MONDAY,
The City Council meets in the Council Chamber on Monday, January 4, 1993, and is called to order at 8:00 P.M., by Mayor Rolland R. Grant.
Present
Joseph S. Larisa, Jr.
Gerald R. Lynch
Norman J. Miranda
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
(Darlene LaPlante, Woods Reporting, 65 Chestnut 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 Mayor Rolland R. Grant.
Consent Calendar Approved
On motion of Mr. Larisa, seconded by Mr. Miranda, and on a unanimous roll-call vote with all Council members present and voting, it is voted that the Consent Calendar be approved.
Unanimously approved.
Antique Show - February 23 & 24, 1993
Applicant - Southeastern New England Antique Dealers Assoc.
Location - East Providence High School
Pawtucket Avenue
Approved - Chief of Police
Unanimously granted.
(Permission to Advertise)
Alcoholic Beverage - Class B Limited (Victualer)
Applicant - G.J. Bravo Pizza, Inc.
DBA - Bravo Pizza
Location - 644 Bullocks Point Avenue
(Can be referred to February 1, 1993 for hearing)
Approved.
On motion of Mr. Miranda, seconded by Mr. Lynch, and on a unanimous roll-call vote with all Council members present and voting, it is voted to change to order of business.
ALCOHOLIC BEVERAGE LICENSE - Class B Full Privilege (Victualer) Transfer
From - Faria's Family Restaurant, Inc.
dba - Joseph's Restaurant
To - Barbosa Family Restaurant
Location - 315 Waterman Avenue
Approved - Chief of Police
Subject to Building Inspector's approval
Subject to Health Inspector's approval
Advertised - East Providence Post - December 10 & 17, 1992
James F. Barbosa, 315 Waterman Avenue is present and sworn.
Following questions by the Council, on motion of Mr. Miranda, seconded by Mr. Lynch, and on a unanimous roll-call vote with all Council members present and voting, it is voted that the application for a Class B Full Privilege Alcoholic Beverage License be granted subject to all approvals.
Return to the regular order of business.
ORDINANCES - Final Passage - (Given first passage December 21, 1992)
Advertised - Providence Journal - December 24, 1992
1. ** AN ORDINANCE IN AMENDMENT OF CHAPTER 4 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "BUILDING AND BUILDING REGULATIONS", which amends Article I. entitled "In General", by adding thereto the following:'
Sec. 4-3. Notice of violation generally.
Sec. 4-4. When second notice of violation to become a compliance order; service of compliance order.
Sec. 4-5. Transfer of ownership, etc., after notice of violation; duty of transferee, etc., with notice.
Sec. 4-6. Recordation of notices and orders.
Sec. 4-7. Appeals from compliance orders generally-Authorized.
Sec. 4-8. Same-Application.
Sec. 4-9. Same-Effect.
Sec. 4-91. Inspection of nonresidential structures and dwelling generally.
Sec. 4-92. Right of access for inspection.
Sec. 4-93. Notice of violation generally.
Sec. 4-94. When second notice of violation to become a compliance order; service of compliance order.
Sec. 4-100. Same--Court review.
Sec. 4-101. Repair, etc., by chief inspector upon failure of violator to comply with immediate compliance order; recovery of costs.
Sec. 4-107. Transfer of ownership, etc., after notice of violation; duty of transferee, etc., with notice.
Sec. 4-108. Recordation of notices and orders.
CHAPTER NO. 210
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. Lynch, 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 5 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "FIRE PREVENTION", which amends Section I. by adding thereto the following:
Sec. 5-8. Inspection of nonresidential structures and dwelling generally.
Sec. 5-9. Right of access for inspection.
Sec. 5-10. Notice of violation generally.
Sec. 5-11. When second notice of violation to become a compliance order; service of compliance order.
Sec. 5-12. Issuance of immediate compliance order.
Sec. 5-13. Appeals from compliance orders generally-authorized.
Sec. 5-14. Same-Application.
Sec. 5-15. Same-Fee.
Sec. 5-16. Same-Effect.
Sec. 5-17. Same-Court review.
Sec. 5-18. Repair, etc., by chief inspector upon failure of violator to comply with immediate compliance order; recovery cost.
Sec. 5-19. Hearing upon notice of violation-Authorized; request.
Sec. 5-20. Same-Findings.
Sec. 5-21. Same-Record.
Sec. 5-22. Reinspection upon expiration of compliance order.
Sec. 5-23. Demolition deemed compliance with compliance order.
Sec. 5-24. Transfer of ownership, etc., after notice of violation; duty of transferee, etc. with notice.
Sec. 5-25. Recordation of notices and orders.
Sec. 5-26. Notice of violation and intent to condemn.
Sec. 5-27. Order to vacate.
Sec. 5-28. Safety Protection-Drive-thru restaurants.
CHAPTER NO. 211
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 on Mr. Lynch, seconded by Mr. Miranda, and on a unanimous roll-call vote with all Council members present and voting, said ordinance is adopted.
3. ** AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, 1987, AS AMENDED, ENTITLED "VEHICLES AND TRAFFIC", which amends Article V entitled "Fire Lanes", Subsection 18-106 entitled "Established", by adding thereto the following:
Evergreen Health Center - "Fire Lanes for Evergreen Health Center, East Providence, Rhode Island".
CHAPTER NO. 212
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. Lynch, seconded by Mr. Sullivan, and on a unanimous roll-call vote with all Council members present and voting, said ordinance is adopted.
Approved
4. ** 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 Article X entitled "Stopping, Standing and Parking", Subsection 18-315 entitled "Reserved parking designated--Handicapped parking", by adding thereto the following:
Summit Street, west side, in front of house number 106, from a point approximately 180 feet south of Summit Street - Cross Street intersection southerly for a distance of 40 feet.
CHAPTER NO. 213
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. Miranda, seconded by Mr. Sullivan, 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) - Transfer
From - Faria's Family Restaurant, Inc.
dba - Joseph's Restaurant
To - Barbosa Family Restaurant
Location - 315 Waterman Avenue
Approved - Chief of Police
Subject to Building Inspector's approval
Subject to Health Inspector's approval
Advertised - East Providence Post - December 10 & 17, 1992
(See page #2 of this Journal)
Licenses
Victualling - Class 3 - Not over 25 - Transfer
From - Vinnie Medeiros
dba - Vinnie's Place
To - Susan Sanger
dba - Vinnie's Place
Location - 321 Warren Avenue
Approved - Chief of Police
Subject to Building Inspector's approval
Subject to Health Inspector's approval
Applicant not present.
On motion of Mr. Lynch, seconded by Mr. Miranda, it is unanimously voted to defer this application to the next regular Council meeting to be held, January 19, 1993 and instruct the City Clerk to renotify the applicant.
Victualling - Class 1 - Over 50
Applicant - Seiler Corporation
Location - 50 Jordan Street (Fleet Mortgage Corp)
Approved Chief of Police
Subject to Building Inspector's approval
Subject to Health Inspector's approval
Deborah Amaral, 328 Freeborn Avenue, is present and sworn.
Following questions by the Council, on motion of Mr. Lynch, seconded by Mr. Miranda, it is unanimously voted to grant the license subject to all approvals.
Victualling - Class 1 - Over 50
Applicant - Food Ventures, Inc.
dba - Country Tyme Chicken
Location - 1235 Wampanoag Trail
Approved Chief of Police
Subject to Building Inspector's approval
Subject to Health Inspector's approval
James W. Laird, 732 Benefit Street, is present and sworn.
Following questions by the Council, on motion of Mr. Sullivan, seconded by Mr. Lynch, it is unanimously voted to grant the license subject to all approvals.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
City Clerk
Amendment of Resolution No 20
Request by the City Clerk for amendment of Resolution No. 20 Rules of Procedure of the City Council.
Rules of Procedure of the City Council
Resolve No. 11
The City Clerk addresses the Council regarding the subject request. She states that the amendment reflects the change of procedure for Council appointments, requested by Mr. Larisa at the last Council meeting.
Unanimously approved, on motion of Mr. Larisa, seconded by Mr. Lynch.
Alcena Nixon - claim for property damage - $442.73 - denied
Michael Thatch - personal injuries - unspecified amount - referred to the Law Department
Lena Whittum - property damage - $2,590 - referred to the Law Department
Miscellaneous Matters:
Open Meetings Law complaint filed by ACLU - Claims Committee received oral status report - Law Department will prepare written response and submit to Attorney General's office.
Doreen Griffith - medical expenses incurred while a temporary employee - additional amount of $125 - approved
Pending Litigation:
Alfred Tamburro vs City of East Providence - Federal District Court ruled in favor of City - case appealed to First District Court, which confirmed decision with Federal District Court.
Silva vs. City of East Providence - referred to the Law Department - no hearing has yet been scheduled.
On motion of Mr. Larisa, seconded by Mr. Lynch, it is unanimously voted to accept the Claims Committee report as presented.
(By Councilman Larisa)
1. Potential reversion to city of waterfront open space across from Crescent Park Carousel.
Mr. Larisa addresses the Council about the possibility of the City taking back the subject property and requests the Law Department to look into the Consent Decree with Kelly & Picerne and report back to the Council at the next meeting. Mr. Larisa also requests the City Manager to ascertain all liens presently attached to the property and find out how much it would cost to pay off the liens and to look into possible potential funding.
After further discussion, on motion of Mr. Larisa, seconded by Mr. Sullivan, it is unanimously voted to approve Mr. Larisa's request.
2. Continuing update on effect of city wholesale inventory tax on East Providence business climate and city tax revenue.
Mr. Larisa addresses the Council and makes a motion for the Planning Department to undertake a study to determine the outcome of a reduced inventory tax. Mr. Miranda seconds the motion.
Mr. Lynch suggests referring the matter to the City Manager and the Finance Director.
After further discussion, question is moved on a motion by Mr. Larisa, seconded by Mr. Sullivan, and voted 5-0.
Motion to undertake a study on the inventory tax passes 5-0.
(By Councilman Sullivan)
Senior Citizen Tax Exemption
Mr. Sullivan addresses the Council regarding the exemption veterans and senior citizens lose when they file a living trust. He asks that the Law Department, Tax Assessor and Finance Director review the procedure and makes a motion for same. Mr. Lynch seconds the motion and proceeds to discuss the matter.
After further discussion, motion is voted on an passes unanimously.
(Requested by Councilman Larisa)
A RESOLUTION URGING THE EAST PROVIDENCE LEGISLATIVE CONTINGENT TO INTRODUCE AND VIGOROUSLY SUPPORT A BILL IMMEDIATELY REPEALING R.I. GEN. LAWS 46-15.5-1 ET SEQ., REQUIRING USE OF EAST PROVIDENCE WATER PIPELINE TO SERVE BRISTOL COUNTY.
Resolve No. 6
Mr. Larisa addresses the Council regarding the resolution.
The City Clerk reads the resolution.
The above-entitled resolution is introduced and, on motion of Mr. Lynch, seconded by Mr. Sullivan, it is unanimously voted to adopt.
Mr. Sullivan receives Unanimous Consent to discuss a resolution pertaining to the Water Board. He proposes a resolution seeking membership to the Providence Water Supply Board and the State Water Resources Board. Mr. Sullivan makes the motion, seconded by Mr. Larisa.
Mr. Larisa states that he has no problem with the proposal but has requested that all resolutions be placed on the docket prior to the Council meeting.
Mr. Sullivan withdraws his motion and says he will bring it up at the next Council meeting.
Meeting recesses at 9:00 P.M. and reconvenes at 9:10 P.M. with all Council members present.
1. (Re: OCG Microelectronics)
*
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 19-96 entitled "Districts--Designated" as follows:
Parcel 1, Block 1, on Assessor's Map 205 presently located in an Industrial 2 District is hereby changed to be included in an Industrial 3 Planned Unit Development District, provided, however, that the interim parking plan last no more than five years from the effective date of this ordinance and that said interim parking plan otherwise meets all city zoning standards or appropriate variances are granted and subject to stipulations consistent with the recorded planned unit development overly plans approved the by Site Plan Review Committee and recorded in the Office of the City Clerk. The Zoning Map of the City of East Providence shall be amended accordingly with said stipulations indicated thereon.
In the event any one of the above stipulations are not met, said Parcel 1, Block 1 on Assessor's Map 205 shall revert to its original Industrial 2 District.
(If given first passage, can be referred to February 1, 1993 for hearing).
The above-entitled ordinance 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 given first passage and referred to February 1, 1993 for a public hearing and consideration of final passage.
(By Mayor Grant)
Adopt An Island Committee Chairman
Gordon Hubbard, 644 Warren Ave. 02914
Mayor Grant appoints Gordon Hubbard as Chairman of Adopt and Island Committee.
Board of Tenants' Affairs
Sharlene Damiani, 887 Willett Ave. 02915
Mayor Grant re-appoints Sharlene Damiani to the Tenants' Board of Affairs.
Planning Board Auxiliary Member
Charles Goodwin, 108 Prescott Ave. 02915
Mayor Grant appoints Charles Goodwin as Planning Board Auxiliary Member.
Zoning Board of Review - Auxiliary Members
Mark Mancinho, 67 Colony Road 02915
Bryan P. Silva, 328 Warren Ave. 02914
Mayor Grant appoints Mark Mancinho and Bryan P. Silva to the Zoning Board of Review - Auxiliary members.
Mayor Grant turns the gavel over to the Assistant Mayor, Mr. Larisa, who assumes the Mayor's chair.
Mr. Grant proceeds to nominate the following:
Coastal Resources Management Commission
George Orrall, 9 Myra Ave. 02915
On motion of Mr. Grant, seconded by Mr. Sullivan, it is unanimously voted to nominate George Orrall to the Coastal Resources Management Commission.
Conservation Commission
Gerald F. McAvoy, 95 Clyde Ave. 02914
Bruce Blaydes, 99 Griffith Drive 02915
On motion of Mr. Grant, seconded by Mr. Sullivan, it is unanimously voted to nominate Gerald F. McAvoy and Bruce Blaydes to the Conservation.
Housing Advisory Commission
Frank Rego, 21 Vermont Ave. 02916
On motion of Mr. Grant, seconded by Mr. Sullivan, it is unanimously voted to nominate Frank Rego to the Housing Advisory Commission.
Juvenile Hearing Board
George Furtado, 2461 Pawtucket Ave. 02914
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously voted to nominate George Furtado to the Juvenile Hearing Board.
Special Police Officers
R Paul Botelho 85 Plymouth Rd. 02914
R James Cogger 5 Maple Ave. 02915
R James Hayes 26 Astral Ave. 02914
R Christopher Laurenco 25 Cheddel Ave. 02914
R Steven Michalski 360 Brown St. 02914
N Kimberly Holmes 2930 Pawtucket Ave. 02915
R Charles E. Waldron 2 Seabrook Drive 02914
R Kevin Meehan 33 Ide Ave. 02914
R Paul McKivergan 77 Heath St. 02914
On motion of Mr. Grant, seconded by Mr. Sullivan, it is voted that the above be re-appointed or nominated as Special Police Constables for the term expiring December 1, 1994, subject to conformance with all the rules and regulations.
(Longstanding Special Police Constable)
Timothy Cullinan, 73 Temple Drive 02915
On motion of Mr. Grant, seconded by Mr. Sullivan, it is voted to appoint Timothy Cullinan, Longstanding Special Police Constable, subject to conformance with all the rules and regulations.
Mr. Larisa turns the gavel over to Mayor Grant.
(By Councilman Larisa)
Special Police Constable
N Daniel Nuey, 65 Ravena Ave. 02915
On motion of Mr. Larisa, seconded by Mr. Miranda, it is voted that Daniel Nuey be nominated a Special Police Constable for the term expiring December 1, 1994, subject to conformance with all the rules and regulations.
(By Councilman Miranda)
Advisory Recreation Board
Donna M. Petsch, 21 Marsh St. 02914
On motion of Mr. Miranda, seconded by Mr. Sullivan, it is voted to re-appoint Donna M. Petsch to the Advisory Recreation Board.
Carousel Park Commission
Carol Barbary, 24 Humphrey St. 02914
On motion of Mr. Miranda, seconded by Mr. Sullivan, it is voted to appoint Carol Barbary to the Carousel Park Commission.
Coastal Resources Management Commission
Mark J. Lewis, 245 Fifth St. 02914
On motion of Mr. Miranda, seconded by Mr. Sullivan, it is voted to appoint Mark J. Lewis to the Coastal Resources Management Commission.
Housing Advisory Commission
Octavio Cunha, 154 Walnut St. 02914
On motion of Mr. Miranda, seconded by Mr. Sullivan, it is voted to re-appoint Octavio Cunha to the Housing Advisory Commission.
Juvenile Hearing Board
Louis Proccacini, 349 Juniper St. 02914
On motion of Mr. Miranda, seconded by Mr. Sullivan, it is voted to re-appoint Louis Proccacini to the Juvenile Hearing Board.
Special Police Constables
R Antonio H. Cunha 156 Walnut St. 02914
R Brian Lundstrom 54 Appian Way 02914
R Jeffrey M. Perry 16 Greene St. 02914
R David A. Saunders 17 Russell Ave. 02914
R Arthur W. Alarie 60 Arlington St. 02914
N Kevin Braga 194 Summit St. 02914
R Carl J. Botelho 25 Laura St. 02914
N Darren Rose 21 Baltic Ave. 02914
N Frederick Yancey, Jr. 52 Apulia St. 02914
R John R. Kaiser 680 Veterans Mem. Pkwy. 02914
R Ricardo N. Costa 45 Woodland St. 02914
On motion of Mr. Miranda, seconded by Mr. Sullivan, it is voted to re-appoint or nominate the above as Special Police Constables for the term expiring December 1, 1994, subject to conformance with all the rules and regulations.
(By Councilman Sullivan)
Coastal Resources Management Commission
Leonard A. Hickey 162 Circuit Drive 02915
Kenneth Roberts 25 Poplar Ave. 02915
William Watson 1 Arrowhead Ave. 02915
On motion of Mr. Sullivan, seconded by Mr. Miranda, it is unanimously voted to appoint Leonard A. Hickey and re-appoint Kenneth Roberts and William Watson to the Coastal Resources Management Commission.
Juvenile Hearing Board
Michael Farley 156 Dyer Ave. 02915
Catherine Keating 285 Terrace Ave. 02915
On motion of Mr. Sullivan, seconded by Mr. Larisa, it is unanimously voted to re-appoint Michael Farley and appoint Catherine Keating to the Juvenile Hearing Board.
Special Police Constables
N Gerald F. O'Neill, Jr. 105 Maple Ave., Apt. 1 02915
R David E. Saveory 78 Dyer Ave. 02915
R John L. Smith 169 Orchard St. 02914
N Michael T. Smith 28 Cove St. 02915
N Andrew F. Burke 136 Holland Ave. 02915
R Jonathan E. Cute 159 Holland Ave. 02915
R Daniel Grant 126 Rice Ave. 02914
R Charles E. Hall, Jr. 176 Wilmarth Ave. 02914
R David C. Hall 25 Catalpa St. 02915
On motion of Mr. Sullivan, seconded by Mr. Miranda, it is voted that the above be re-appointed or nominated as Special Police Constables for the term expiring December 1, 1994, subject to conformance with all the rules and regulations.
On motion of Mr. Lynch, seconded by Mr. Larisa, it is unanimously voted to extend the expiration of the current Special Police Constable to the next regular meeting.
Meeting adjourns at 9:22 P.M.
Attest:
Valerie A. Perry
City Clerk
Approved: 1/19/93