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, June 7, 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
(Stephanie Vilaitis, 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 Mayor Rolland R. Grant.
TO APPROVE THE CONSENT CALENDAR
On motion of Mr. Larisa, seconded by Mr. Sullivan, and on a unanimous roll-call vote with all Council members present and voting, it is voted that the Consent Calendar be approved.
APPROVAL OF COUNCIL JOURNALS
Regular Meeting - May 3, 1993
Regular Meeting - May 17, 1993
Special Meeting - Lawsuit of East Providence vs. Bristol County Water Authority and the State of Rhode Island - June 3, 1993
Approved.
Coastal Resources Management Council
By Grover J. Fugate, Executive Director
File No. F93-5-44
FINDING OF NO SIGNIFICANT IMPACT, to replace side and rear decks. Install 4' x 8' shed to north side of dwelling; located at Map 414, Block 16, Lot 3; 145-147 Terrace Avenue. (Donald B. Babbit)
Received as information.
Coastal Resources Management Council - Cease and Desist Order
By Charles Brown, Wildlife Biologist
Cease and Desist Order No. 1285-93
Undertaken excavation and stockpiling of soils, within 200 feet of a coastal feature from property located at Map 203, Block 1, Lot 4. (Ocean State Steel)
Received as information.
Coastal Resources Management Council
By Grover J. Fugate, Executive Director
File No. F93-5-72
FINDING OF NO SIGNIFICANT IMPACT to install a fence in yard as per approved site plan; located at Map 313, Block 4, Parcel 4; 15 White Avenue. (Peter Howard)
Received as information.
Joint Pole Location - The New England Telephone and Telegraph Company and The Narragansett Electric Company
Spring Street (WO#930550)
Subject to Fire Chief's approval; work to be done subject to Public Works Director's supervision.
Granted, subjected to above stipulations.
Burial Ground Trust Fund - (perpetual care) - $200.00 submitted by Grace Kaiser, 151 Providence Avenue for Joseph and Elizabeth Brown - Lot 136 - Little Neck Cemetery (old section). (Acceptance requested)
Accepted.
Alcoholic Beverage Licenses - Class F - 19 hours beginning at 6:00 A.M. on June 11, 12, & 13, 1993
Applicant - Sacred Heart Church
Location - 118 Taunton Avenue
Subject to Police Chief's approval
Granted, subject to Police Chief's approval.
Senior Citizens Week - June 7 - 11, 1993
ORDINANCES - Final Passage - (Given first passage March
15, 1993)
Advertised - Providence Journal - March 25 (entirety)
April 1 & 8, 1993
1. ** 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 Sec. I. Section 19-1 entitled "Definitions", Section II. Section 19-98 entitled "Schedule of use regulations", Section III. Section 19-284 entitled "Off-street parking spaces required", amending Subsection (7).
CHAPTER NO. 235
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. Larisa, seconded by Mr. Sullivan, and on a unanimous roll-call vote with all Council members present and voting, said ordinance is adopted.
(Given first passage May 3, 1993) Advertised - Providence Journal - May 7, 1993
2. ** AN ORDINANCE IN AMENDMENT OF CHAPTER 19 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "ZONING", Section 19-96 entitled "Districts--Designated in hereby amended as follows:
Parcel 22, Block 1, on Assessor's Map 611 presently located in a Residential 1 District is hereby changed to be included in a Residential 3 District with stipulations.
CHAPTER NO. 233
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. Larisa, seconded by Mr. Miranda, and on a roll-call vote with all Council members present and voting, said ordinance is adopted.
(Given first passage May 17, 1993) Advertised - Providence Journal - May 20, 1993
3. ** 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 Section 13-2 entitled "Loitering in public places between 9:30 P.M. and 9:00 A.M., (a) (b) (c).
CHAPTER NO. 236
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.
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 18-307 entitled "Parking prohibited at all times.", is amended by adding thereto the following:
Star Avenue (south side), from Promenade Street easterly to the Barrington Town line.
Shore Road (south side), from Borden Street westerly to its deadend at Sabin Point Park except the pull-off parking area.
CHAPTER NO. 237
The above-entitled ordinance, referred to this time and place for a public hearing and consideration of final passage, is called for hearing.
Jerome Edwards, 547 Douglas Avenue, Providence, Rhode Island, is present and sworn, and speaks against the ordinance.
Mayor Grant states that this ordinance has nothing to do with Mr. Edwards' concerns and relates only to parking.
On motion of Mr. Sullivan, seconded by Mr. Lynch and on a unanimous roll-call vote with all Council members present and voting, said ordinance is adopted.
Community Development Block Grant Program 1993-1994
Review of applications received for funding.
The following speakers are present and address the Council:
John Digits East Bay Mental Health
Yvonne Cabral East Providence Community Center
Sam Abbood East Providence Providence Mohawk
Cathy LaSalle Riverside SHARE, Family Services, Inc.
Ron Hofer East Providence Neighborhood Housing Services
Dr. Mary Mulvey East Providence Council of the Elderly
Cathy Donnelly East Bay Geriatric Center
Gery Moore, Orlando
Alves, Lisa Armado Boys & Girls Club
Jay Litman Carousel
Joseph Crook Recreation Director
Julia Forgue Public Works Director
Cathy LaSalle East Bay Human Resources
Daniel Evangelista VEVA/RI Veterans' Action
Barbara Lindsey Blackstone Valley Chapter ARC
Tuscon James, Jr. Kent Farm Village
Leo Sullivan Weaver House Renovation
Dennis Roy Self Help, Inc.
Janet Roccobello East Providence Health Center, Head Start
Bridget Kelley R.S.V.P. Director
Leo Sullivan R.S.V.P.
Deborah Jackson Senior Employment Program
Claire O'Neil R.S.V.P.
Jan Flaherty Lead Safe Program
The meeting recesses at 9:40 P.M. and reconvenes at 9:55 P.M. with all Council members present.
On motion of Mr. Sullivan, seconded by Mr. Lynch, it is unanimously voted to change the order of business.
Wilfrid L. Gates, Jr., 1540 Pawtucket Avenue, Chairman of the Library Board of Trustees, is present and sworn. Mr. Gates addresses the Council about information that he terms "erroneous" regarding Fuller Library. He states that a state grant was received by the City for Large Print Books which will be housed at Fuller Library, but it will not disrupt the regular services.
The following people address the Council regarding the issue:
Leo C. Sullivan, a Library Board of Trustees member
Barbara Weaver, State Library Services
Henry Caparco, 4 Allerton Avenue
After discussion, it is decided that the Library Board will hold a special meeting with the Kent Heights residents.
The meeting recesses at 11:00 P.M. and reconvenes at 11:05 P.M. with all Council members present.
The meeting returns to the regular order of business.
Private Detective
Applicant - Donna Marie Marrier, 362 Willett Avenue
Subject to Police Chief's approval
Donna Marie Marrier, 362 Willett Avenue, is present and sworn.
Police Chief, Carl Winquist, speaks on the license.
On motion of Mr. Lynch, seconded by Mr. Larisa, it is unanimously voted to approve the above application subject to Police Chief's approval.
Victualling/Not over 50 - Transfer
From - Armando's Coffee Shop, Inc.
To - Armando's Coffee Shop, Inc. (New Owners)
Location - 330 Warren Avenue
Approved - Chief of Police
Subject to Building Inspector's approval
Subject to Health Inspector's approval
Edward J. Perry and Anita Perry, 10 Nimitz Road, are present and sworn.
After answering questions from the Council, on motion of Mr. Miranda, seconded by Mr. Lynch, it is unanimously voted to grant the above transfer, subject to all approvals.
Sunday/Holiday - Transfer
From - H. Prendergast, Inc.
To - D & M Ribeiro, Inc.
dba - Prendergast Variety
Location - 127 Waterman Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Don Ribeiro, 209 Franklin Street, Bristol, Rhode Island, is present and sworn.
After answering questions from the Council, on motion of Mr. Larisa, seconded by Mr. Lynch, it is unanimously voted to grant the license, subject to all approvals.
Theatre
Applicant - East Providence Cinema's Ltd. Partnership
Location - 60 Newport Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Subject to Zoning Officer's approval
Theatre - Sunday/Holiday
Applicant - East Providence Cinema's Ltd. Partnership
Location - 60 Newport Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Subject to Zoning Officer's approval
Video - (Sundays Included)
Applicant - East Providence Cinema's Ltd. Partnership
Location - 60 Newport Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Subject to Zoning Officer's approval
Victualling - Class 3/Not over 25
Applicant - East Providence Cinema's Ltd. Partnership
Location - 60 Newport Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Subject to Zoning Officer's approval
Subject to Health Inspector's approval
Bill Hanney, 807 Washington Street, Stoughton, Massachusetts, is present and sworn.
After answering questions from the Council the licenses are unanimously granted, subject to all approvals on motion of Mr. Lynch, seconded by Mr. Larisa.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
John E. MacDonald, 220 Narragansett Avenue
Requesting to address the Council, Re: Purchase of City-owned land, 218 Narragansett Avenue (Map 313, Block 01, Parcel 8)
John E. MacDonald, 220 Narragansett Avenue, is present and sworn, and addresses the Council regarding his request to purchase City Owned land.
Mr. Conley says the only action the Council can take is to refer the petition to Planning.
After further discussion, a motion in made by Mr. Sullivan, seconded by Mr. Lynch, to refer the matter to the Planning Department.
Mr. Larisa asks for a friendly amendment to refer to the Planning Board and specifically direct them to answer the question if the lot is buildable.
Mr. Lynch says he hopes all other departments signs off on the matter.
The motion, as amended, passes 5-0.
Albert G. Miller - 2 Narragansett Avenue
Requesting disposition of City owned land - Maple Avenue
Albert G. Miller, 2 Narragansett Avenue, is present and sworn and addresses the Council regarding his request to purchase City owned land.
Mr. Conley explains what options Mr. Miller has, to petition for abandonment or to petition for acquisition of property.
Mr. Lynch states that he wants all Departments involved to look at this.
Mr. Miller will file a petition for Highway Abandonment.
1. * Alternative Fuel Project - Pilot Program
Mr. Lemont addresses the Council regarding a grant proposal for alternative fuel for vehicles. The following people speak on the project:
Bill Chapman from the Governor's Energy Office, Dave Moniz, Supervisor at Providence Gas and Gordon Baddington, Providence Gas.
2. * Increased expenditures - Blackstone Valley Sewer District - Tipping Fees
Mr. Lemont informs the Council that the City has received and $85,000 bill for a two year period for customers in the Blackstone Valley District Commission area.
Mr. Lemont speaks on a bill pending in the legislature to increase tipping fees and asks the Council to advise the legislators that we cannot afford the proposed $37 fee.
Law Department
By William J. Conley, Jr.
RE: Removal of Basketball Courts on City Playgrounds and Public Parks
Mr. Conley says the removal of Basketball Courts must be referred to the Planning Board, with recommendations to the City Council, before the City Council can take any action.
Victor Brum - $89.73 for property damage - denied
Hanover Insurance - Subrogation claim - $1,141.84 - referred to Insurance carrier
Kim McDonald - $55 for reimbursement of expenses for towing of her car - approved
Manuel Silva - damages to his trash barrel - referred to Valco
Pending Litigation - U.S. Supreme Court has denied City's petition in matter of Robinson vs. City of East Providence
Claims Committee report unanimously approved on motion of Mr. Larisa, seconded by Mr. Miranda.
(By Mayor Rolland R. Grant)
1. City Parks
Deferred to June 21, 1993
2. All American Cities Award
Deferred to June 21, 1993
3. Trash Collection
Deferred to June 21, 1993
4. City Hall Parking
Deferred to June 21, 1993
5. Closing of Fuller Library
(See page no. 5 - Wilfrid Gates)
(By Councilman Joseph S. Larisa, Jr.)
Public Access to East Providence Coast
Deferred to June 21, 1993
(By Councilman Robert D. Sullivan)
Willett Avenue Reconstruction
Mr. Sullivan speaks on the flow of traffic on Willett Avenue. He asks that the islands be beautified, new signs be put in the area and new sidewalks in back of and around Bristol Avenue. He makes a motion to refer the matter to the Planning Department. Mr. Lynch seconds the motion, which passes 5-0.
RESOLUTION IN SUPPORT OF THE NARRAGANSETT BAY COMMISSION COMBINED SEWER OVERFLOW ABATEMENT PROGRAM
RESOLVE NO. 21
(By Councilman Joseph S. Larisa, Jr.)
Deferred to the next regular Council meeting, to be held, June 21, 1993.
1. * AN ORDINANCEANCE 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. Subsection (5) of Section 5-2 entitled "Amendments." is amended by adding thereto the following:
4. Live fires for the purpose of training employees in the use and operation of fire extinguishers and fire equipment shall be authorized upon the approval of the City of East Providence Fire Chief and the State of Rhode Island, Department of Environmental Management. Such live fire training shall be in accordance with all applicable National Fire Protection Agency standards. A certified fire extinguisher instructor shall be present at all times during the training for instruction in the use and operation of fire extinguishers and fire equipment.
(If given first passage, can be referred to June 21, 1993, for hearing)
(Requested by Fire Chief)
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 June 21, 1993, for a public hearing and consideration of 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.", by adding thereto the following:
Division 10.
Section 2-250. Creation
Section 2-251. Appointment and Terms
Section 2-252. Duties
Section 2-253. Senior Citizens
Section 2-254. Action
(If given first passage, can be referred to June 21, 1993, for hearing)
(Requested by Councilman Robert D. Sullivan)
The above-entitled ordinance is introduced and, on motion of Mr. Lynch, seconded by Mr. Miranda, and on a roll-call vote with all Council members present and voting, it is given first passage on a 4-1 vote with Mr. Larisa abstaining.
Roll-call vote as follows:
Mr. Larisa Abstain
Mr. Lynch Aye
Mr. Miranda Aye
Mr. Sullivan Aye
Mayor Grant Aye
Motion passes 4-1.
3. * 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.", by adding thereto the following:
Division 5. RESIDENTIAL PARKING PROGRAM
Section 13-174. Statement of purpose (a) through (g)
Section 13-175. Residence sticker for use of city facilities (a) through (b)
Section 13-176. Designation of residential parking for public places and streets
Section 13-177. Withdrawal of designations
Section 13-178. Erection of Signs
Section 13-179. Parking permits for fishing vehicles Statement of purpose
Section 13-180. Designation of permitted parking for fishing vehicles
Section 13-181. Fishing vehicle parking permits
(If given first passage, can be referred to June 21, 1993, for hearing)
(Requested by Mayor Rolland R. Grant)
Mayor Grant states that there are some legal problems with this ordinance and he asks that it be referred to the Law Department.
Unanimously voted on motion of Mr. Lynch, seconded by Mr. Larisa.
Mr. Lynch receives Unanimous Consent to appoint Leo Correia, dba BLS Enterprises, Inc. as a Wrecker/Tower for the City. Mr. Larisa seconds the motion which passes on a 5-0 vote.
Mr. Sullivan receives Unanimous Consent to reinstate Ann M. Robinson as a Special Police Officer. Mr. Larisa seconds the appointment, which passes on a 5-0 vote.
Tree Warden
R Gregory W. Gammell
On motion of Mr. Lynch, seconded by Mr. Miranda, it is unanimously voted to reappoint Gregoy W. Gammell as Tree Warden.
(By Councilman Norman J. Miranda)
Zoning Board
R Antonio Cunha 154 Walunt St 02914 - Exp 6-98
On motion of Mr. Miranda, seconded by Mr. Sullivan, it is unanimously voted to reappoint Antonio Cunha to the Zoning Board.
(By Councilman Gerald R. Lynch)
Special Police Officer
N Heidi Williams 417 Massassoit Ave 02914
On motion of Mr. Sullivan, seconded by Mr. Miranda, it is voted that Heidi Williams be nominated as Special Police Officer for the term expiring December 1, 1994, subject to conformance with all the rules and regulations.
Fraternal Order of Police, East Providence Lodge No. 1
By John Burney, FOP Secretary
Requesting to address the Council Re: Contract Issues.
Officer Alister McGregor, Vice President of the East Providence F.O.P. Lodge #1, asks the Council to give Corporate Authority to the City Manager to negotiate the F.O.P. contract. The matter will be put on the next Council docket.
Henry Caparco, 4 Allerton Avenue
Requesting to address the Council Re: Kent Heights Fuller Library.
(See page no. 5 - Wilfrid Gates)
Wilfrid L. Gates, Jr. - Chairman, Library Board of Trustees
Requesting to address the Council Re: Large Print Grant received from the State Library Services
(See page no. 5 - Wilfrid Gates)
Meeting adjourned at 12:35 A.M.
Attest:
Valerie A. Perry
City Clerk
Approved: ___