CITY OF EAST PROVIDENCE, RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
TUESDAY,
8:00 P.M.
The City Council meets in the Council Chamber on Monday, January 19, 1993, and is called to order at eight o'clock 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
(Lori Hamel, Woods Reporting, 65 Chestnut Street, Providence, Rhode Island, is present to record the proceedings of the public hearings)
Invocation is given by Mayor Rolland R. Grant.
Salute to the Flag is led by Councilman Robert D. Sullivan.
TO APPROVE THE CONSENT CALENDAR
On motion of Mr. Miranda, seconded by Mr. Lynch, and on unanimous roll-call vote with all Council members presen and voting, it is voted that the Consent Calendar be approved.
Department of Environmental Management - Division of Freshwater Wetlands
By Dean H. Albro, Chief
Submitting the following Fresh Water Wetland Applicability Determination:
#92-0196D - south of Forbes Street between Utility Poles Nos. 42 and 43, +- 1500 feet west of the intersection of Forbes Street and Hospital Road, AM 611, Block 1, Lots 22, 23.1, and 25.
Received as information.
Alcoholic Beverage - Class F - 19 hours beginning at 6:00 A.M. on January 30, 1993
Sacred Heart Church Granted
Applicant - Sacred Heart Church
Location - 118 Taunton Avenue
Subject to Police Chief's approval
Unanimously granted, subject to Police Chief's approval.
APPROVAL OF COUNCIL JOURNALS
Regular Meeting - December 21, 1992
Regular Meeting - January 4, 1993
Unanimously approved.
Christmas Display Awards
Henry Caparco, Chairman of the Committee, joins the Council members in making the following presentations:
Best Comm Display
Ward 1 - Hargreaves Studios 430 Newport Ave
Ward 2 - Fleet National Bank 218 Taunton Ave
Ward 3 - Bradley Hospital Vets Mem Parkway
Ward 4 - Riverside Nursing Home 336 Willett Ave
Best Religious Display
Ward 1 - Newman Congregational Church 51 Newman Ave
Ward 2 - Sacred Heart Church 118 Taunton Ave
Ward 3 - Saint Martha's Church 2595 Pawtucket Ave
Most Beautiful
Ward 1 - Rumford Towers 95 Newman Ave
Ward 2 - Mr. & Mrs. Manuel Martin 95 No Carpenter St
Ward 3 - Mr. & Mrs. Thomas Hudson 62 Plymouth Rd
Ward 4 - Mr. & Mrs. Fernando Coelho 3605 Pawtucket Ave
Most Colorful
Ward 2 - Mr. & Mrs. Emanuel Correia 55 Sidney St
Ward 3 - Mr. & Mrs. Brian Lynch 48 Madeline Dr
Most Colorful Display In Ward 4 -
Ward 4 - Mrs. Martha Pezzullo 32 Beach Point Dr
Community Tree at Richmond Point
Most Creative
Ward 2 - Mr. & Mrs. Mario Lobo 67 Sterling St
Ward 3 - Mr. & Mrs. Mark Shattuck 21 Unity Ave
Ward 4 - Mr. & Mrs. Carl Cotoia 121 Terrace Ave
Most Electrifying
Ward 2 - Mr. & Mrs. Adelino Rosa 15 Purchase St
Ward 3 - Mr. & Mrs. Hernani DaSilva 74 Unity Ave
Ward 4 - Mr. & Mrs. David Waycott 74 Charlotte St
Most Original
Ward 2 - Mr. & Mrs. James Sanford 14 Alice St
Ward 3 - Mr. & Mrs. Hamilton Rice, Jr 15 Pickett Rd
Ward 4 - Mr. & Mrs. Samuel Corrado 43 White Ave
Ms. Shirley Laurendeau 41 White Ave
Most Religious
Ward 2 - Mr. & Mrs. Frank Pimental 117 Bentley St
Ward 3 - Mr. & Mrs. Gabriel DeEscobar 110 Dover Ave
Ward 4 - Mr. & Mrs. Ralph Falaguerra 21 Seaview Ave
Runner-Up Most Colorful
Ward 3 - Mr. & Mrs. Gerald Hogan 149 Robinson St
Runner-Up Most Creative
Ward 2 - Mr. & Mrs. Stanley Leaf 103 Bliss St
Ward 3 - Mr. & Mrs. James Felix 69 Garden Dr
Ward 4 - Mr. & Mrs. Peter Midgley 78 Smith St
Runner-Up Most Electricfying
Ward 2 - Mr. & Mrs. Sebastiao Vieira 123 Apulia St
Ward 3 - Mr. & Mrs. Dennis Carrier 20 Adams Ave
Ward 4 - Mr. & Mrs. William Dawson 266 Terrace Ave
Runner-Up Most Original
Ward 3 - Mr. & Mrs. William Moura 74 Martin St
Runner-Up Most Religious
Ward 2 - Mr. & Mrs. Octavio DaPonte 251 Juniper St
Ward 3 - Mr. & Mrs. Jesse Perry 100 Plymouth Rd
U/C Mayor Grant
Mayor Grant receives unanimous consent to discuss a complaint regarding the demeanor of the audience. He cautions everyone in attendance about making comments from the back of the room, and warns that they will be subject to removal by the City Sergeant.
REZONING - Add to Section 19-98 and Section 19-1
PETITIONER - Edward R. Ring and Sharon Mitchell Ring
Purpose - to add to Section 19-98 and Section 19-1
Lot - Map 502, Block 02, Parcel 18
Area - to affect any business located in the following areas:
C-4, C-5, I-2, I-3, C-1, C-2 an C-3
Planning Board
By Clifton Moore, Chairman
Recommending approval of "Revision to Sec. 19-98 to permit certain technical training uses", subject to all conditions required.
The City Clerk announces that this item is a general amendment to the Zoning ordinance.
Councilman Norman Miranda reads a letter into the record recusing himself of participating in discussion or voting on said matter because he was a Zoning Board member when the case came before that Board.
William C. Maaia, 349 Warren Avenue, representing the applicant, addressed the Council.
Mr. Maaia reads the language which will be added to the Zoning ordinance, if the Council gives approval.
Planning Director, Jeanne Boyle, reports on research done regarding technical training.
Wilfrid L. Gates, Jr., 1540 Pawtucket Avenue, and Kevin Mercier, 200 Heroux Boulevard, Cumberland, Rhode Island, representing the Chamber of Commerce, are present and sworn. They report that a research of the MotoRing facility shows that they are in a distinct industrial area. They state that the Chamber of Commerce is recommending approval of the Zone change.
After further discussion, the meeting recesses at 9:00 P.M. and reconvenes at 9:10 P.M. with all Council members present.
Edward R. Ring, Warren, Rhode Island, is present and sworn. Mr. Ring offers testimony on the operation of MotoRing.
The meeting is open to public comment. The following people are present and sworn and speak on the petition:
Ronald Lizotte, 80 Nimitz Road, speaks against the zone change.
Don LaBranche, 69 Martha Road, speaks against the zone change.
Paul White, 18 Seventh Street. Mr. White states that he is a student at MotorRing and speaks in favor of the petition.
Gerald Durand, 46 Nimitz Road, Richard Lemieux, 23 Grove Street, Burriville, Rhode Island, Patricia Turillo 217 So. Hull Street, a student at the school, and Alan R. Spinger, 80 Hopkins Hill Road, West Greenwich, Rhode Island, and instructor at the school, all speak in favor of the petition.
Mr. Maaia states that the area was industrial before the residential came in.
Mr. Ring answers questions of Mr. Larisa and states how he has offered to correct the complaints.
After further discussion, Mr. Lynch makes a motion to deny the petition. Motion is seconded by Mr. Sullivan.
Roll-call vote as follows:
Mr. Larisa Nay
Mr. Lynch Aye
Mr. Miranda Abstain
Mr. Sullivan Aye
Mayor Grant Nay
Vote is 2-2, motion dies.
The meeting is recessed at 10:20 P.M. and reconvenes at 10:30 P.M. with all Council members present.
Mr. Larisa states that the motion last proposed was improperly done according to Robert's Rules. The motion has to be to refer the ordinance for second passage, rather than to deny it.
Mr. Larisa moves to refer the ordinance for second passage.
Mayor Grant turns the gavel over to Assistant Mayor, Joseph Larisa, and seconds the motion as Councilman.
Roll-call vote as follows:
Mr. Larisa Aye
Mr. Lynch Nay
Mr. Miranda Abstain
Mr. Sullivan Nay
Mayor Grant Aye
Vote is 2-2 and motion to approve the ordinance is denied.
LICENSES
ALCOHOLIC BEVERAGE LICENSE - Class B Full Privilege (Victualer) Transfer
From - 305 Club, Inc
dba - Michael's Downstairs Pub
To - Ronald Doire
dba - Michael's Downstairs Pub
Location - 305 Lyon Avenue
Advertised - East Providence Post - December 24 & 31, 1992
Approved - Chief of Police
Subject to Building Inspector's approval
Subject to Health Inspector's approval
Ronald Doire, 22 Tarklin Avenue, No Providence, Rhode Island, is present and sworn. Mr. Doire answers questions from the Council regarding letters of object that were filed.
Mr. Conley states that the Council may grant the license subject to the release of payment of indebtedness.
Mr. Larisa asks Mr. Doire if he understands that he cannot have the liquor license until the money is paid to the objectors.
Mr. Larisa moves that the transfer be granted, subject to payment to Wayne Distributing Co. of $1535.61, and that the license not be transferred until that payment is made in full.
Mr. Miranda says he has some questions, and Mr. Larisa withdraws his motion.
Mr. Miranda questions the applicant on the hours of operation and the type of music.
Mr. Doire says the music will be the same.
Mr. Larisa renews his previous motion, and Mr. Miranda seconds the motion.
Roll-call vote follows:
Mr. Larisa Aye
Mr. Lynch Aye
Mr. Miranda Aye
Mr. Sullivan Aye
Mayor Grant Aye
Motion passes 5-0.
Victualling/Over 50 - Transfer
From - 305 Club, Inc.
dba - Michael's Downstairs Pub
To - Ronald Doire
dba - Michael's Downstairs Pub
Location - 305 Lyon Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Subject to Health Inspector's approval
Unanimously granted on motion of Mr. Miranda, seconded by Mr. Sullivan, subject to all approvals.
Dance/Entertainment - Transfer
From - 305 Club, Inc.
dba - Michael's Downstairs Pub
To - Ronald Doire
dba - Michael's Downstairs Pub
Location - 305 Lyon Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Unanimously granted on motion of Miranda, seconded by Mr Sullivan, subject to all approvals.
Pool Table - 1 Unit - Transfer - (Including Sunday)
From - 305 Club, Inc.
dba - Michael's Downstairs Pub
To - Ronald Doire
dba - Michael's Downstairs Pub
Location - 305 Lyon Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Unanimously approved, on motion of Mr. Miranda, seconded by Mr. Larisa, subject to all approvals.
Wayne Distributing Company
By Joseph F. Hanley
Objecting due to indebtedness
Received as information.
Arcaro, Belilove and Kolodney
By Kenneth M. Beaver
Objecting due to indebtedness
Received as information.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
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
(Deferred from December 21, 1992 and January 4, 1993)
Applicant not present.
Manny Medeiros, 35 Windsor Street, is present and sworn Mr. Medeiros states that the applicant, Susan Sanger, has been ill and has not been able to come to the meetings.
Mr. Miranda states that the applicant is responsible for the license, and moves to defer the petition one more time. He tells Mr. Medeiros that the license will be denied if Ms. Sanger is not present at the next meeting. Motion is seconded by Mr. Lynch and on a roll-call vote with all Council members present and voting, it is unanimously voted to defer the application to the next regular Council meeting t_ be held on February 1, 1993.
Reconsider traffic pattern - Taunton Avenue
Mr. Lemont speaks on the matter and says that if the Council has the desire to reconsider the previous vote taken, regarding returning the Taunton Avenue traffic pattern to two-way traffic, now is the time to do it.
Mr. Larisa asks the Planning Department to prepare a packet of information on what took place the last time the matter had been addressed.
Mr. Miranda makes a motion for a round table discussion, including himself, Mr. Larisa, Mr. Lemont and business people in the Taunton Avenue area. Mr. Larisa seconds the motion, unanimously passes 5-0. Mr. Lemont says he will set up the meeting.
Councilman Sullivan receives Unanimous Consent regarding a Resolution, which was referenced at the last Council meeting regarding the water pipeline.
On motion of Mr. Sullivan, seconded by Mr. Lynch and on a unanimous roll-call vote with all Council members present and voting, it is voted to refer the matter to the Law Department for the purpose of drafting a resolution.
Finance Department
By James F. McDonald, Finance Director
Re: A Resolution to the Rhode Island General Assembly requesting postponement of property tax revaluation from December 31, 1993 to December 31, 1995.
Mr. McDonald asks for a Resolution requesting the General Assembly to reintroduce a bill delaying revaluation by two years.
After discussion, on motion of Mr. Larisa, seconded by Mr. Lynch, it is unanimously voted to extend the period three years, subject to a report by the City Solicitor.
Douglas Dawley - $2,625 - damage to motor vehicle - referred to RIDOT
Susan DeSalvo - $482.92 - damage to parked vehicle - referred to the Law Department for negotiation
Kent Farm Co. - action filed in Superior Court – Tax appeal challenging 1992 assessment - referred to the Law Department
Rezendes, Manuel & Jacqueline - unspecified amount for personal injuries received by minor child at Silver Spring Elementary School playground - referred to the School Department
On motion of Mr. Miranda, seconded by Mr. Larisa, the Claims Committee report is unanimously accepted.
(By Mayor Rolland R. Grant)
Libraries
Mayor Grant states that he is upset with the fact that the libraries are still closed and states that they should be open at least four days a week. He asks that the City Manager be directed to make sure this happens.
Motion is made by Mr. Sullivan to direct the City Manage to open the libraries four days a week, Friday, Saturday and two other days at the Library's discretion.
Mr. Lynch seconds the motion for purpose of discussion.
Mr. Lynch states that the action would be interfering with the City Manager, and the matter should be directed to him to get back to the Council with the scheduling.
Mr. Larisa agrees with Mr. Lynch's comments and without hearing from Mr. Lemont or the Library Board first, he would oppose the motion.
Mr. Miranda says he also agrees with the comments, but attended a meeting of the Library Board and heard that the libraries would open, therefore he agrees with Councilman Sullivan, but also agrees that this matter should be left up to the City Manager.
Mr. Lemont addresses the Council and says he has to live within the City ordinances.
After further discussion, a vote is taken on the motion, which passes 3-2, with Mr. Larisa and Mr. Lynch voting against.
Mr. Lemont says if the libraries are to be open four days a week, the administration will run into severe problems with scheduling.
Wilfrid L. Gates, Chairman of the Library Board of Trustees, addresses the Council. Mr. Gates says that the State law is clear on the authority of the Board of Trustees, which is to set hours, etc. He suggests the Council reconsider the motion.
Discussion follows, with Roberta Cairns, Library Director, addressing the Council regarding personnel scheduling.
After further discussion, the motion is withdrawn by Mr. Sullivan and Mr. Miranda.
1. * AN ORDINANCE APPROPRIATING $3,300,000 FOR THE CONSTRUCTION OF CAPITAL IMPROVEMENTS TO THE EAST PROVIDENCE WATER POLLUTION CONTROL FACILITY, FINANCED THROUGH THE RHODE ISLAND CLEAN WATER PROTECTION FINANCE AGENCY AND AUTHORIZING $3,300,000 BONDS TO FINANCE SAME.
(If given first passage, can be referred to February 1, 1993, for hearing)
On motion of Mr. Lynch, seconded by Mr. Miranda, and on unanimous roll-call vote with all Council members presen and voting, Ordinance is given first passage and referre to the next regular Council meeting to be held February 1, 1993 for a Public Hearing and final passage.
2. * 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 amend Article IV entitled "Officers and Employees", by adding thereto the following:
Sec. 2-202. Qualifications of City Manager
(If given first passage, can be referred to February 1, 1993, for hearing)
Mr. Larisa speaks on the proposed ordinance.
Mr. Sullivan states that he has no intent to change the City Charter.
Mr. Lynch seconds Mr. Larisa's motion.
Mr. Miranda says he supports the City Manager form of government, but does not agree with Mr. Larisa.
Mayor Grant asks Mr. Larisa to come back to the Council with amendments to this ordinance and suggests setting up a workshop.
After further discussion, Mr. Lynch moves the question, seconded by Mr. Larisa. Motion to move the question passes 5-0.
Vote is taken on the motion for first passage of the ordinance.
Roll-call vote as follows:
Mr. Larisa Aye
Mr. Lynch Aye
Mr. Miranda Aye
Mr. Sullivan Aye
Mayor Grant Nay
Motion Passes 4-1.
DIVISION 10. LAND TRUST
3. * 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 Article III entitled "Boards, Committees, and Commission", is amended by adding thereto the following:
Sec. 2-189. Created; purpose; authority
Sec. 2-190. Membership; appointment of members; terms vacancies
Sec. 2-191. Composition; Compensation
Sec. 2-192. Election of officers; reports; rules and regulations; budgets
Sec. 2-193. Powers and duties
Sec. 2-194. Creation of fund; exempt from taxation
Sec. 2-195. Transfer of title upon dissolution of lan trust
(If given first passage, can be referred to February 1, 1993, for hearing)
On motion of Mr. Larisa, seconded by Mr. Sullivan, and a unanimous roll-call vote with all Council members present and voting, Ordinance is given first passage and referred to the next regular Council meeting to be held on February 1, 1993, for a Public Hearing and final passage.
On motion of Mr. Larisa, seconded by Mr. Lynch, it is unanimously voted to adjourn the meeting and carry over the appointments to the next regularly scheduled meeting, keeping the Special Police list in effect until that time.
All appointments deferred to Feb. 1, 1993
Council Liaisons
Advisory Recreation Board - Norman Miranda
Carousel Park Commission - Robert D. Sullivan
Historic Properties - Rolland R. Grant
Housing Advisory Commission - Rolland R. Grant
(By Mayor Rolland R. Grant)
Beautification Committee
Victor Zuffoletti, 6 Seabrook Drive 02914
Conservation Committee
Frank Chase, 77 Ide Avenue 02914
Special Police Officers
R George Cunha 23 Martin St 02914
R Milton Pent 18 Astral Drive 02915
R Gary Tillou 32 Bullocks Point Avenue 02915
R Russell Spaight 61 Pleasant Street 02916
R Mark Saunders 132 Grove Avenue 02914
(By Councilman Joseph S. Larisa)
Library Board of Trustees
Donna R. Drapeau 19 Case Street 02916
Ethel Chase 77 Ide Avenue 02914
Coastal Resources Management Commission
Daniel Stafford 251 Burnside Avenue 02915
Adopt An Island Committee
Aldor Cloutier 10 Office Parkway 02914
Millie Pelland 10 Office Parkway 02914
Special Police Officer
R Joseph Traficante 1400 Wampanoag Trail 02915
Carousel Commission
R Gail C. Durfee 26 Stoneham Drive 02915
Economic Development Commission
Robert Radway 14 Drowne Parkway 02916
Historic Properties
R Nancy Stevens 37 Beaumont Street 02916
Juvenile Hearing Board
R Wendy Piper 15 Doro Place 02916
(By Councilman Gerald R. Lynch)
Affirmative Action
R Mary Ellen Burke 91 Wilson Avenue 02916
R Richard Moore 1 Cardona Street 02914
*
Special Police Officers
R William Abbood 378 1/2 Taunton Avenue 02914
R Charles Alexion 22 Walnut Street 02914
R Kyle Andrade 252 Don Avenue 02916
N/P Scott Bedford 50 Fredrick Street 02916
N/P Robin Botelho 90 Sprague Street 02915
N/P Lionel Butterfield 53 Bayview Avenue 02915
R Jason Cashman 160 Centre Street 02914
R Brian Craig 65 New Road Apt 25 02916
R Edward Dias 93 Miller Avenue 02916
R Shawn Fisher 21 Bellevue Blvd. 02916
N/P David J. Langeira 24 Riverwood Court 02915
R Barbara Mayforth 33 Poplar Avenue 02915
R Andrew Palmer 85 Frederick Street 02916
N/P Scott Trottier 80 Coyle Avenue 02916
N Mark Ducharme 101 D N Broadway 02914
N Brian Rebello 54 Sutton Avenue 02914
N Daniel Johnson 11 B Coyle Avenue 02916
N Christopher LaBranch 251 Newman Avenue 02916
(By Councilman Norman J. Miranda)
Special Police Officers
R Joseph S. White 173 Leonard Avenue 02914
R Robert Antone 214 Grosvenor Avenue 02914
Library Board of Trustees
Paulo Silva 150 South Rose Street 02914
(By Councilman Robert D. Sullivan)
Special Police Constables
R Patricia Karalekas 34 Pinecrest Drive 02915
R Scott R. Morency 29 Harvey Avenue 02915
R Donald Rebello Pole #11 Hospital Road 02915
Carousel Commission
R Rose Larisa 77 Argyle Avenue 02915
*
Planning Board
By Clifton Moore, Chairman
Recommending approval to appoint Council Liaison to the Planning Board.
Meeting is adjourned at 11:55 P.M.
Attest:
Valerie A. Perry
City Clerk
Approved: 2/16/93