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, July 19, 1993, and is called to order at 8:00 P.M. by Mayor Rolland R. Grant.
Invocation is given by Councilman Robert D. Sullivan.
Salute to the Flag is led by Mayor Rolland R. Grant.
Present
Joseph S. Larisa, Jr.
Gerald R. Lynch
Norman J. Miranda
Robert D. Sullivan
Rolland R. Grant Mayor
Councilmen
Paul E. Lemont, City Manager
William J. Conley, Jr., City Solicitor
Valerie A. Perry, City Clerk
(Lori Hammel, Woods Reporting, 20 Fifth Street, Providence, Rhode Island, is present to record the proceedings of the public hearings)
TO APPROVE THE CONSENT CALENDAR
On motion of Mr. Larisa, seconded by Mr. Miranda, and on a unanimous roll-call vote, it is voted that the Consent Calendar be approved.
APPROVAL OF COUNCIL JOURNALS
Regular Meeting - June 21, 1993
Special Meeting - Alcoholic Beverage/Carnival License
HGBC - 59 Brightridge Avenue - June 30, 1993
Unanimously approved.
Coastal Resources Management Council
By Gregory Baribault, Permitting Staff
File No. F93-6-70
FINDING OF NO SIGNIFICANT IMPACT; replacement of windows; located at 225 Terrace Avenue, Plat 414/19, Lot 6.
(Estate of Dora M. Fleurant)
Received as information.
Coastal Resources Management Council
By Gregory Baribault, Permitting Staff
File No. F93-6-71
FINDING OF NO SIGNIFICANT IMPACT; replacement of windows; located at 221 Terrace Avenue, Plat 414/19, Lot 5.
(Estate of Dora M. Fleurant)
Received as information.
Coastal Resources Management Council
By Grover J. Fugate, Executive Director
File No. 93-6-50
FINDING OF NO SIGNIFICANT IMPACT; requesting to install 3 10' x 10' garage doors, install access ramp as per approved drawings, located at 54 Water Street, Plat 16, lot 2. (Charles Andrews)
Received as information.
Coastal Resources Management Council
By Gregory Baribault, Permitting Staff
File No. M93-6-41
FINDING OF NO SIGNIFICANT IMPACT; to replace windows, interior renovations located at 73 Terrace Avenue, Plat 414, Lot 14. (Barbara Byrnes Collins)
Received as information.
Coastal Resources Management Council
By Gregory Baribault, Permitting Staff
File No. 93-6-94
FINDING OF NO SIGNIFICANT IMPACT; repair existing stone wall, replace concrete cap, fill voids in wall; located at Map 513, Block 58, Parcels 6 & 7, 52 Beach Point Drive. (James and Shirley Ray)
Received as information.
Coastal Resources Management Council
By George L. Seavey, Marine Resources Specialist
Cease and Desist Order No. 1002-93
Undertaken construction of two decks on an existing dwelling within 200 feet of coastal feature from property located at Plat 35, Lot 5; 65 Beach Point Drive.
(Linda L. Colson)
Received as information.
License
(Permission to advertise)
Alcoholic Beverage - Class B Full Privilege - (Victualer)
Transfer
Alcoholic Bev Lic Transfer - T.G.N., Inc dba Tom's Place Bar & Grill To Mr. Phil's Pub, Inc. Granted
From - T.G.N., Inc.
dba - Tom's Place Bar and Grill
To - Mr. Phil's Pub, Inc.
Location - 478 Waterman Avenue
(Can be referred to August 16, 1993, for hearing)
Unanimously granted.
Alcoholic Beverage License - Class F - 19 hours beginning at 6:00 A.M. on August 6, 7, 8, 1993
Applicant - St Martha's Church
Location - 2595 Pawtucket Avenue
Subject to Police Chief's approval
Unanimously granted.
Change order of business
At the request of Mr. Sullivan, motion is made by Mr. Lynch, seconded by Mr. Larisa, to change the order of business by moving "Communications" to the beginning of the docket. Motion passes 5-0.
Also, Mr. Sullivan makes a motion, seconded by Mr. Larisa, to group together the docketed items regarding residency requirements: the Residency Ordinance, the referendum and the Resolution. Motion passes 5-0.
Marie Chaplin, 30 Delway Road, and Mr. Ronald Procopio, 38 Brentwood Drive are present and sworn and address the Council.
Motion is made by Mr. Lynch, seconded by Mr. Miranda, to endorse the concept of the Chorus and refer any budgetary questions to the City Manager and let him get back to the Council on that. Motion passes 5-0.
John Vieira, Jr., 17 Garden Drive is present and sworn.
Motion is made by Mr. Miranda, seconded by Mr. Lynch and unanimously voted to approve.
Highway Abandonment - MAPLE AVENUE
From a portion of Maple Avenue from Narragansett Avenue to the end of Maple Avenue. Plat of Riverside Villa Lots near Cedar Grove, on Assessor's Map 312, Block 32.
Advertised - East Providence Post - June 24, July 1 & 7, 1993
Notices sent to utility companies - July 5, 1993
Planning Board recommends approval subject to conditions outlined in its memorandum dated July 9, 1993.
Bernard J. Wilson, 509 County Road, Barrington, Rhode Island, is present and sworn. Mr. Wilson states he owns property at 114-120 Maple Avenue, and speaks in opposition to the highway abandonment. He claims that the property is a right of way to the water and should be left open for emergency purpose.
Albert Miller, 2 Narragansett Avenue, is present and sworn. He hands a letter to the Council with the names of the property abutters relinquishing their rights to the title and property.
Mr. Conley states that he is not prepared to respond to where the easement should be. He says if the Council were to grant the request, it could be given subject to the Law Department's determination of where the easement should be.
After further discussion, motion is made by Mr. Larisa, seconded by Mr. Miranda, to pass the abandonment with some type of easement. Motion passes unanimously on a roll-call vote.
Martin P. Slepkow, Esq. (for Tobias Freitas)
Requesting a subdivision waiver so that his client may obtain a building permit to alter the lot line of Parcels 93 and 94, Map 309, Block 14, and thereafter to construct a new dwelling on what is shown as Lot 2 on the enclosed Map.
Planning Board recommends approval subject to conditions outlined in its memorandum dated July 14, 1993.
Martin P. Slepkow addresses the Council and asks for a continuance to the next meeting.
Motion is made by Mr. Lynch, seconded by Mr. Miranda, unanimously voted on a roll-call vote to defer the matter to the August 16, 1993 meeting.
(Given first passage June 21, 1993)
Advertised - Providence Journal - June 24, 1993
1. ** AN ORDINANCE IN AMENDMENT OF CHAPTER 11 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED ENTITLED "PERSONNEL, PENSIONS AND RETIREMENT", which amends Subsection (c) of Sec. 11-64 entitled "Examination procedure."
CHAPTER NO. 242
(Requested by Councilman Robert D. Sullivan)
The above-entitled ordinance, referred to this time and place for a public hearing and consideration of final passage, is called for hearing.
Mr. Sullivan speaks on the ordinance and says upon passage, he wants the matter to go before the voters.
Mr. Larisa says he will not support the ordinance in any form.
Mr. Conley says if this ordinance is amended to say it will not be in effect upon passage, but upon approval after referendum, then it will have to come back in amended form for seconded passage.
After further discussion, motion is made by Mr. Larisa, seconded by Mr. Lynch, to table the matter to allow the City Solicitor time to draw up the proper language for a resolution and redraft the language of the ordinance. Motion passes unanimously on a roll-call vote.
Meeting recesses at 9:10 P.M. and reconvenes at 9:25 P.M.
2. * AN ORDINANCE IN AMENDMENT OF CHAPTER 13 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "PUBLIC PLACES," which amends Article V entitled "Parks and Recreation Areas", adding thereto the following:
DIVISION 5. RESIDENTIAL PARKING PROGRAM
Sec. 13-174. Statement of purpose, (a) (b) (c) (d) (e)
Sec. 13-175. Residence stickers for parking in designated areas
Sec. 13-176. Designation of residential parking for streets
Sec. 13-177. Withdrawal of designations
Sec. 13-178. Erection of Signs
Sec. 13-179. Visitor permits for parking in designated areas
(Requested by Mayor Rolland R. Grant)
CHAPTER NO. 243
Planning Board
By Peter G. Poland, Secretary
Planning Board recommends that final action on the ordinance be deferred at this time.
At the request of Mayor Grant, motion is made by Mr. Larisa, seconded by Mr. Sullivan, to defer the ordinance to the Law Department. Motion passes unanimously on a roll-call vote.
3. * AN ORDINANCE IN AMENDMENT OF CHAPTER 19 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "ZONING."
CHAPTER NO. 244
(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.
Discussion is held on the selection of the Zoning Board Chairman. The majority of the Council agree that the Chairman should be appointed by the Council. After further discussion, the ordinance is amended to read the appointment of the Chairman will be made by the Council. Motion is made by Mr. Miranda, seconded by Mr. Sullivan, to approve the amended ordinance. Said ordinance is adopted unanimously on a roll-call vote.
4. ** AN ORDINANCE IN AMENDMENT OF CHAPTER 15 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "SUBDIVISION.", which amends
Section I. Sec. 15-30. entitled "Number and disposition of copies."
Section II. Subsection (c) (2) of Sec. 15-33. entitled "Contents."
Section III. Sec. 15-38. entitled "Name and address of abutting property owners to be furnished."
Section IV. Sec. 15-59. entitled "Number and disposition of copies."
CHAPTER NO. 245
(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. Miranda, seconded by Mr. Larisa, 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 8 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "LICENSES AND BUSINESS REGULATIONS.", which amends Section I. The title of Chapter 8, to read as follows:
LICENSES, BUSINESS REGULATIONS AND FEES
Section II. Chapter 8 of the Revised Ordinances of the City of East Providence, Rhode Island, 1987, as amended, is amended by adding thereto the following: Sec. 8-435. Zoning Fees (a) (b) (c) (d) (e)
(Requested by Planning Board)
CHAPTER NO. 246
Discussion is held on the proposed Zoning fees. After discussion, motion is made by Mr. Larisa, seconded by Mr. Lynch, to amend the ordinance by changing the fee structure to what it presently is - $75 for residential, $150 for commercial and $250 for industrial. Motion passes unanimously on a roll-call vote.
6. * AN ORDINANCE IN AMENDMENT OF CHAPTER 2 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "ADMINISTRATION", is amended by adding thereto the following:
DIVISION 10
Sec. 2-250. Creation
Sec. 2-251. Appointment & Term
Sec. 2-252. Duties
Sec. 2-253. Senior Citizens
Sec. 2-254. Action
(Requested by Councilman Robert D. Sullivan)
CHAPTER NO. 241
The above-entitled ordinance, referred to this time and place for a public hearing and consideration of final passage, is called for hearing.
Mary Mulvey, 95 Plymouth Road, President of the East Providence Council of the Elderly, speaks on the ordinance.
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.
Licenses
Victualling - Class 3 - not over 25 - Transfer
From - Rose & Johns Place
To - Nancy and Paul Chantre
dba - Nancy and Pauls
Location - 158 Roger Williams Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Subject to Health Inspector's approval
Paul Chanter, 153 Bentley Street, is present and sworn.
Unanimously granted, subject to all approvals on motion of Mr. Lynch seconded by Mr. Larisa.
Sunday/Holiday Sales
Applicant - Francine DiFruscio
dba - The Country Carousel
Location - 1086 G Willett Avenue
Approved - Chief of Police
Subject to Building Inspector's approval
Vincent DiFruscio, 42 Ferncrest Drive, is present and sworn.
Unanimously granted, subject to all approvals on motion of Mr. Sullivan, seconded by Mr. Miranda.
Victualling - Class 3 - not over 25
Applicant - D & M Ribeiro, Inc.
dba - Prendergast Variety
Location - 127 Waterman Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Subject to Health Inspector's approval
Applicant not present. Motion by Mr. Miranda, seconded by Mr. Sullivan to defer. Motion passes 5-0.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
East Providence Citizens Petition
Claire O'Neill requesting to address the Council
RE: R.S.V.P. Van
Claire O'Neill, 124 Roger Williams Avenue, is present and sworn. Ms. O'Neill speaks on the van which is used to transport senior citizens.
Mr. Larisa asks Ms. O'Neill to get a budget together showing how much it will cost per year to run the van.
Mr. Sullivan asks Mr. Lemont to comment on the possibility of a donation of a van.
Mr. Lemont says that a corporation might donate a van for multiple purpose use, and says he will know later this month.
Mr. Lynch asks Mr. Lemont to convey to Self Help the Council's concern and disappointment.
1. Special Needs Handicapped Van
Mr. Lemont reports to the Council on a van used by the Recreation Department. He makes a recommendation for the transfer of $50,000 from the sale of surplus property account for the purchase of the van. He also asks for transfers from the same account of $225,000 for a fire truck, and $80,000 for a rescue vehicle.
Mr. Lynch says he will not approve such transfers for the fire department until he sees the upcoming budget.
After further discussion, motion is made by Mr. Lynch, seconded by Mr. Miranda, to authorize the City Manager to spend up to $50,000 for a Special Needs Handicapped Van. Motion passes 5-0.
2. Request for transfer of funds/surplus property
Deferred by the City Manager.
3. Recommendation for award of contract to develop the City's Water Supply Management Plan (R.I. GL 46-15.4)
Unanimously granted on motion of Mr. Larisa, seconded by Mr. Miranda.
Department of Public Works
By Julia A. Forgue, Director of Public Works
Recommendation for the release of the performance bond for Riverwoods Development.
Unanimously granted on motion of Mr. Lynch, seconded by Mr. Miranda.
1. * By Peter G. Poland, Secretary
Disposition of City-owned Land; 218 Narragansett Avenue, Map 313, Block 1, Parcel 8 (Declaration of Surplus Property (Disposition)
Motion to approve made by Mr. Sullivan, seconded by Mr. Miranda, and unanimously voted on a roll-call vote.
2. * Development of a C5-A Zoning District
Motion made by Mr. Sullivan, seconded by Mr. Larisa, to accept the Planning Board's recommendation. Motion passes unanimously on a roll-call vote.
Joan Augustine - $500,000 - referred to School Department
Stephen Dutra - $100,000 - personal injuries - referred to Law Department
Christine Kane - $233.47 - property damage - approved
Sandra Lawnsby - $192.10 - property damage - approved
Lockheed Aluminum Window Corp. - $18,893 - referred to School Department
Theodore Walters - unspecified amount - property damage denied
Pend Litigation -
Quattrucci vs. East Providence Zoning Board of Review - Superior Court upheld decision of Zoning Board.
Silva vs. City of East Providence - referred to Law Department for further information.
On motion of Mr. Larisa, seconded by Mr. Miranda, it is unanimously voted to accept the Claims Committee Report.
Mayor Grant receives Unanimous Consent to discuss the legislation on revaluation. Mayor Grant says the Governor vetoed the bill, the time being the main reason for the veto. He says he wants to send in legislation tomorrow to ask for an extension of one year, rather than a three year extension.
Mr. Lynch suggests asking the legislative delegation to push for an override on the veto.
After further discussion, motion is made by Mr. Larisa, seconded by Mr. Lynch, to request that the state delegation move to override the Governor's veto of the three year extension request, but if that fails, to put in legislation and be authorized by resolution of this Council for a one year extension. Motion passes unanimously on a roll-call vote.
(By Mayor Rolland R. Grant)
1. Barrington Fire Department
Deferred to August 16, 1993.
2. Mayor's Business Summit and Fair
Deferred to August 16, 1993.
3. Flex Time Up Date
Deferred to August 16, 1993.
(By Councilman Robert D. Sullivan)
1. Referendum for residency requirement for City Employees
(See Ordinance #1)
2. Discussion on Richmond Point Fracas
Mr. Sullivan reports that he sent a letter to the U.S. Attorney requesting an investigation on the matter. He says he has been informed that some of the accused have filed complaints of police brutality, and violation of their civil rights.
(By Councilman Joseph S. Larisa, Jr.)
1. Vintner Avenue Playground
Withdrawn by Councilman Joseph S. Larisa, Jr.
2. Newbay Update
Mr. Larisa gives update for information.
1. * RESOLUTION REQUESTING AN EXEMPTION FROM RIGL S45-2-15 FOR ALL NEW POLICE OFFICERS AND FIRE FIGHTERS FOR THE CITY OF EAST PROVIDENCE.
Resolve No.
(Requested by Councilman Robert D. Sullivan)
(See Ordinance #1)
2. * RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR FUNDING UNDER THE RHODE ISLAND HOUSING HOME PROGRAM.
Resolve No.
(Requested by the Planning Department)
At the request of the Planning Department, motion is made by Mr. Larisa, seconded by Mr. Miranda for the postponement of this Resolution. Motion passes 4-0 with Mr. Lynch noted absent for the vote.
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 Subsection 18-315 entitled "Reserved parking designated--Handicapped parking." by adding thereto the following:
Wheldon Avenue (north side) in front of the westerly entrance of Taunton Plaza from a point 290 feet east of Taunton Avenue easterly for a distance of 40 feet.
(If given first passage, can be referred to August 16, 1993 for hearing)
(Requested by Traffic Engineer)
The above-entitled ordinance is introduced and, on motion of Mr. Lynch, seconded by Mr. Larisa, and on a unanimous roll-call vote with all Council members present and voting, is given first passage and referred to the next regular Council meeting to be held August 16, 1993, for a public hearing and consideration of final passage.
2. * 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 Subsection 18-269 entitled "Stop and yield intersections designated; when stops required.", adding thereto he following:
Avenue A (northbound and southbound traffic), at Locust Street
Avenue B (northbound and southbound traffic), at Locust Street
Avenue A (southbound traffic), at Middle Street
Avenue B (southbound traffic), at Middle Street
(If given first passage, can be referred to August 16, 1993 for hearing)
(Requested by Traffic Engineer)
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 the next regular Council meeting, to be held August 16, 1993, for a public hearing and consideration of final passage.
3. * 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 18-307 entitled "Parking prohibited at all times.", adding thereto the following:
Hilton Avenue (west side), from its intersection with Holland Avenue northerly for a distance of 330 feet.
(If given first passage, can be referred to August 16, 1993, for hearing)
(Requested by Director of Public Works)
The above-entitled ordinance is introduced and, on motion of Mr. Miranda, seconded by Mr. Sullivan, and on a unanimous roll-call vote with all Council members present and voting, is given first passage and referred to the next regular Council meeting, to be held August 16, 1993, for a public hearing and consideration of final passage.
4. * 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 V entitled "Purchasing":
Section I. Sec. 2-236.
Section II. Secs. 2-243. - 2-244.
Section III. Article V, Sec. 2-244.1
Section 2-244.2.
Section 2-244.3.
Section IV. Sec. 2-246.
Section V. Article V, Sec. 2-250.
Section 2-251.
(If given first passage, can be referred to August 16, 1993 for hearing)
(Requested by Purchasing Agent)
The above-entitled ordinance is introduced and, on motion of Mr. Miranda, seconded by Mr. Sullivan, it is voted to approve the ordinance. Motion passes unanimously on a roll-call vote. Motion is made by Mr. Lynch, seconded by Mr. Miranda, to approve the regulations for the ordinance. Motion passes unanimously on a roll-call vote.
5. * 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 18-307 entitled "Parking prohibited at all times.", by adding thereto the following:
Vincent Avenue (north side), from its intersection with Pawtucket Avenue westerly for a distance of 180 feet.
(If given first passage, can be referred to August 16, 1993 for hearing)
(Requested by Director of Public Works)
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 the next regular Council meeting to be held August 16, 1993, for a public hearing and consideration of final passage.
Special Police Officer
(Requested by Gerald R. Lynch)
NP Antonio Eugenio 26 Glenwood Avenue 02916
On motion of Mr. Miranda, seconded by Mr. Sullivan, it is voted that Antonio Eugenio be nominated a Police Constable for the term expiring December 1, 1994, subject to conformance with all the rules and regulations.
Unanimous Consent is given to Council Norman J. Miranda for the appointment of Brian Sylvia, 18 Fourth Street, as a Special Police Constable for the term expiring December 1, 1994, subject to conformance with all the rules and regulations.
Unanimous Consent is given to Councilman Lynch for the appointment of Christine LaBranch as a Special Police Constable for the term expiring December 1, 1994, subject to conformance with all the rules and regulations.
Marie Chaplin
Requesting to address the Council Re: Establishing East Providence Community Chorus.
(See page 3 of Journal)
East Providence Shoreline Improvement Association
By George Redman, Chairman
Requesting to address the Council Re: National Coastal Day
Withdrawn.
Sid Dogon, 30 Garden Drive
Requesting permission for use of the island opposite 30 Garden Drive for a neighborhood party starting at 12 noon on August 28 with a rain date of August 29, 1993.
(See page 3 of Journal)
Meeting adjourned at 11:10 P.M.
Attest:
Valerie A. Perry
City Clerk
Approved: 8/16/93