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, March 1, 1993, and is called to order at 8:03 P.M. by Mayor Rolland R. Grant.
Present
Joseph S. Larisa, Jr.
Norman J. Miranda
Robert D. Sullivan
Rolland R. Grant Mayor
Council Members
Paul E. Lemont, City Manager
William J. Conley, Jr., City Solicitor
Absent
Gerald R. Lynch, Council Member
(Tracy Simoneau, 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.
TO APPROVE THE CONSENT CALENDAR
On motion of Mr. Miranda, seconded by Mr. Larisa, and on a roll-call vote 4-0, it is voted to approve the Consent Calendar. Mr. Lynch is noted absent.
APPROVAL OF COUNCIL JOURNALS
Workshop - Taunton Avenue Traffic Pattern - February 3, 1993
Regular Meeting - February 16, 1993
Approved 4-0, on motion of Mr. Miranda, seconded by Mr. Larisa. Mr. Lynch is noted absent.
Coastal Resources Management Council
By Grover J. Fugate, Executive Director
Re: Assent No. B91-4-49 - modification of 4000 linear feet Providence River pipeline diameter from 24 inch to 18 inch. (Timothy C. O'Brien)
Received as information.
Coastal Resources Management Council
By Grover J. Fugate, Executive Director
File No. 93-2-44 - FINDING OF NO SIGNIFICANT IMPACT to construct a 15'X 20' two story addition, located at 14 Nassau Street, Map 201, Block 5, Parcel 4. (David Faria)
Received as information.
Coastal Resources Management Council
By Gregory Baribault, Permitting Staff
File No. F93-2-25 - FINDING OF NO SIGNIFICANT IMPACT 3-R improvements to include resurfacing reconstruct sidewalks. Convert curb inlets to catch basin with gutter inlet. Clean and flush drainage structures; located at South Broadway. (RIDOT)
Received as information.
Coastal Resources Management Council
By Gregory Baribault, Permitting Staff
File No. F93-2-24 - FINDING OF NO SIGNIFICANT IMPACT 3-R improvements to include resurfacing reconstruct sidewalks. Convert curb inlets to catch basin with gutter inlet. Clean and flush drainage structures; located at South Broadway. (RIDOT)
Received as information.
Coastal Resources Management Council
By Gregory Baribault, Permitting Staff
File No. F93-2-24 - FINDING OF NO SIGNIFICANT IMPACT 3-R improvements to include resurfacing reconstruct sidewalks. Convert curb inlets to catch basin with gutter inlet. Clean and flush drainage structures; located at Martin Street. (RIDOT)
Received as information.
Conduit Location - The New England Telephone and Telegraph Company - P.1 Read Street (Plan - PR#128593)
Approved.
Subject to Fire Chief's approval; work to be done subject to Public Works Director's supervision.
East Providence Harbor Management Commission
By Jesse E. Perry, Chairman
The Harbor Management Commission respectfully requests the support of the City Council to seek grant monies from the Rhode Island Department of Environmental Management.
Received as information.
Tag Days - March 22 - 23 - & 24, 1993
Applicant - Knights of Columbus Council 1528 Tootsie Roll Drive for Handicapped
Location - East Providence
Subject to Police Chief's approval
Granted, subject to Police Chief's approval.
Sunday/Holiday Sales
Applicant - Carlos Coelho
dba - Sol E Vento
Location - 229A Warren Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Granted, subject to all approvals.
Sunday/Holiday Sales
Applicant - Shirley Swinyar
dba - Dees Florist & Gift Shop
Location - 198 Willett Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Granted, subject to all approvals.
Sunday/Holiday Sales
Applicant - Frank J. McCabe
dba - McCabes Mobil
Location - 900 Wampanoag Trail
Subject to Police Chief's approval
Subject to Building Inspector's approval
Granted, subject to all approvals.
ORDINANCES - Final Passage - (Given first passage February 16, 1993)
Advertised - Providence Journal - February 19, 1993
1. ** AN ORDINANCE IN AMENDMENT OF CHAPTER 3 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "ANIMALS", which amends Article II. entitled "Dogs":
Sec. 3-35. Animal License - Fees - Penalty, (a) (b)
CHAPTER NO. 219
(Requested by City Clerk)
The above-entitled ordinance, referred to this time as 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 roll-call vote 4-0, said ordinance is adopted. Mr. Lynch is noted absent.
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 Article X entitled "Stopping, Standing and Parking, Subsec. (a) (3) of Sec. 18-301. entitled "Stopping, standing or parking prohibited in specified places."
CHAPTER NO. 220
(Requested by Chief of Police)
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 roll-call vote 4-0, said ordinance is adopted. Mr. Lynch is noted absent.
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 Parking prohibited at all times, by adding thereto the following:
Apulia Street (west side), from Grosvenor Avenue southerly for a distance of 88 feet.
CHAPTER NO. 221
(Requested by Traffic Engineer)
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 roll-call vote 4-0, said ordinance is adopted. Mr. Lynch is noted absent.
ALCOHOLIC BEVERAGE LICENSE - Class B Limited (Victualer)
Applicant - G.J. Bravo Pizza, Inc.
dba - Bravo Pizza
Location - 664 Bullocks Point Avenue
Approved - Chief of Police
Subject to Building Inspector's approval
Subject to Health Inspector's approval
Victualling - Class 2/Not over 50
Applicant - G.J. Bravo Pizza, Inc.
dba - Bravo Pizza
Location - 664 Bullocks Point Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Subject to Health Inspector's approval
(The above licenses were deferred from February 16, 1993)
Atha Salpoglou, 152 Estrelle Drive, is present and sworn. Mr. Salpoglou states that there is a problem with the lease, which is under DEPCO, and asks for a deferment.
A discussion is held regarding the letters of objection to the transfer. Mr. Conley says when the application is finalized, the Council will need a judgement or report from the trustee as to the status of the objections.
On motion of Mr. Larisa, seconded by Mr. Miranda, and on a roll-call vote, it is voted 4-0 to defer the two above applications to a future date. Mr. Lynch is noted absent.
Arcaro, Belilove and Kolodney, by Kenneth M. Beaver Objecting due to indebtedness
Providence-Newport Distributing Co., by Joseph D. Hanley Objecting due to indebtedness
Wayne Distributing Co., by Joseph F. Hanley Objecting due to indebtedness
Received as information.
Licenses
Pool - 1 Unit (Including Sunday)
Applicant - Tamar Restaurant
Location - 218 Warren Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Subject to Zoning Officer's approval
Paul Rodrigues, 46 Bluff Street, Rehoboth, Massachusetts, is present and sworn.
After answering questions from the Council, the license is granted 4-0, on motion of Mr. Miranda, seconded by Mr. Sullivan, subject to all approvals. Mr. Lynch is noted absent.
Carnival - May 6, 7, 8, & 9, 1993
Applicant - Carousel Park Commission
Location - East Side Carousel Park
Subject to Police Chief's approval
Subject to Fire Marshal's approval
Subject to Electrical Inspector's approval
Subject to Building Inspector's approval
Rose Larisa, 77 Argyle Avenue, Chairperson of the Carousel Commission, addresses the Council regarding the Carnival.
After answering questions from the Council the license is granted 4-0, subject to all approvals on motion of Mr. Sullivan, seconded by Mr. Miranda. Mr. Lynch is noted absent.
NOTE
At 8:25 P.M., Councilman Gerald R. Lynch is noted present.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
Law Department
By William J. Conley, Jr., City Solicitor
Re: Proposed Amendments to Labor Relations Legislation
Mr. Conley speaks on the revisions to the legislation proposed by Senator Tavares regarding separate unions for some fire and police personnel. He says in addition, the City Manager feels strongly that the present state st??e definition of a municipal employee is detrimental to the City, and would like this issue included in the legislation.
Mr. Sullivan states that this will violate the City Charter and asks the Council to defer this matter to the State Department of Labor. Mr. Miranda agrees with Mr. Sullivan.
Mr. Larisa asks the City Solicitor if this provision does violate the City Charter.
Mr. Conley responds that the State statute defines who is and who is out of the collective bargaining units, and the Rhode Island Labor Relations Board is the defining authority to determine in those areas where there is a dispute between the City and a union. He says he does not think the Charter specifies how the collective bargaining units are organized, structured, or defined.
Mr. Larisa explains that what Mr. Tavares is proposing is a State law and he does not need to come before the Council, but because the legislation is special to East Providence, it must go before the Council. He says he wants to make sure that Senator Tavares's bill gets a fair hearing.
Mr. Miranda says he does not want this matter to go away.
Mr. Larisa asks that Senator Tavares and the heads of the unions be allowed to speak. All Council members agree.
On motion of Mr. Sullivan, seconded by Mr. Miranda, and on a unanimous roll-call vote with all Council members present and voting, it is voted to defer on taking the vote.
The following are present and speak against the proposed legislation:
Gregory LaMarre, 25 Pearl Avenue, President of Local 850 Firefighters Association.
Ralph W. Ezovski, P.O. Box 14328, East Providence, President of the FOP Lodge #1.
John Smith, 28 Cove Street, President of the United Steelworkers.
Senator Paul J. Tavares speaks on the issue. He says the Rhode Island League of Cities and Towns has placed this legislation in their top 10 priorities. He says no where in the legislation does it deny those the right to collective bargaining.
Mr. Conley states that East Providence is a Home Rule Charter City and any special legislation must be approved by the voters at a referendum for the City.
Edward R. Lynch, 123 Don Avenue, speaks in opposition the proposed legislation. He says as Secretary of the House Labor Committee, he will work hard to kill this bill.
After further discussion, the meeting recesses at 9:30 P.M. and reconvenes at 9:40 P.M. with all Council members present.
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 to take a vote on Senator Tavares's proposed legislation at the next meeting.
Harbor Master
By Robert W. Peterson, Harbor Master
Requesting appointment of Steven Bradbury, 15 DeAngelis Street, Narragansett, Rhode Island 02882, as Assistant Harbor Master.
Jesse Perry, Harbor Management Commission Chairman, speaking on behalf of the Harbormaster, regarding the appointment of an Assistant Harbormaster.
Mr. Lynch says he thinks there should be enough qualified people in the City.
Mr. Larisa asks for a deferment until the position can be advertised.
On motion of Mr. Larisa, seconded by Mr. Sullivan, it is unanimously voted to direct the City Clerk to advertise in the East Providence Post and Times, listing the requirements of the position, and for the City Clerk to provide the Chairman of the Harbor Management Commission, as well as the Harbormaster, with copies of the resumes received, and to report back to the Council at the next meeting.
Candida Alves - $117.42 - property damage - denied
Richard Miller - $2401.51 - Property damage - referred to Law Department
American Disposal, Inc. vs. City of East Providence - R.I. Supreme Court ruled in favor of City
On motion of Mr. Larisa, seconded by Mr. Sullivan, it is unanimously voted to accept the Claims Committee report as presented.
(By Councilman Norman J. Miranda)
Zoning for Commercial Educational Institutions
Mr. Miranda states that he placed this item on the docket as a result of the Council's action on MotorRing's request for a zone change. He puts forth a motion to request that zoning for commercial educational institutions and industrial trade schools be referred to the Department of Planning and the Planning Board for reconsideration, giving special attention to the concerns expressed by the City Council, that the Planning Board make a recommendation to the Council and how the concerns may be addressed. Mr. Sullivan seconds the motion.
Mr. Larisa states that he has a similar proposal on the docket tonight. He says the Council needs to give the Planning Board some direction of what they are looking for. He proposes a friendly amendment, that a caveat be added to the ordinance that prohibits the type of training schools within a specified distance from residential districts, unless they have a special exception.
Motion passes on a 5-0 vote.
(By Councilman Joseph S. Larisa, Jr.)
1. Update on Crescent Park Open Space
Mr. Larisa speaks on the possibility of the City obtaining the land, and the City Manager is asked to set up a meeting with the Solicitor and Kelly & Picerne to determine what the status of the property is. Mr. Larisa says he wants to be at the meeting.
2. Proposed use change in zoning ordinances 19-98 and 19-1 to allow "Institutions dedicated to the instruction of trades such as automotive repair, marine repair and heavy equipment repair and operation" in C-4, C-5, I-2 and I-3 Zones with Caveat that such use be prohibited in these zones within a specified distance of a Residential District, without a special exception. In addition, Zones C-1, C-2 and C-3 would be specifically excluded from this use.
(By Mayor Rolland R. Grant)
Special Police Officer
N Garry P. Diminico - 53 Outlook Avenue 02914
Nominated by Mayor Grant and on motion of Mr. Miranda, seconded by Mr. Sullivan, it is voted that the above be appointed as Special Police Officer for the term expiring December 1, 1994, subject to conformance with all the rules and regulations.
Tenant Affairs Board
Margaret E. C. Dooley 40 Ruth Avenue 02916
Mark Selley 160 Forbes Street 02915
Edna Snow 128 Allerton Avenue 02914
Gertrude Harry 135 Vincent Avenue 02914
Charles Vermette 7 Hedley Circle 02914
The above were appointed to the Board by Mayor Rolland R. Grant.
Mr. Lynch states that he wants to be named to the board.
Adopt An Island
Kimberly Holmes 2930 Pawtucket Avenue 02??5
John B. Rogers III Monmouth Drive 02915
On motion of Mr. Larisa, seconded by Mr. Sullivan, it is unanimously voted to appoint Kimberly Holmes and John B. Rogers III to the above Committee.
Historic Properties
Sally Kent 77 Plymouth Road 02914
On motion of Mr. Sullivan, seconded by Mr. Larisa, it is unanimously voted to appoint Sally Kent to the above Board.
(By Councilman Norman J. Miranda)
Affirmative Action
Ruthina Hazard 52 Williams Avenue 02914
On motion of Mr. Miranda, seconded by Mr. Sullivan, it is unanimously voted to appoint Ruthina Hazard to the above Board.
Beautification Committee
Lerena DeMelo 192 Mauran Avenue 02914
On motion of Mr. Miranda, seconded by Mr. Sullivan, it is unanimously voted to appoint Lerena DeMelo to the above Committee.
(By Councilman Joseph S. Larisa, Jr.)
Special Police Officer
R George Larson, Jr. 11 Cooper Street 02914
On motion of Mr. Larisa, seconded by Mr. Miranda, it is voted that George Larson, Jr. be nominated as Special Police Officer for the term expiring December 1 1994, subject to conformance with all the rules and regulations.
School Committee
By Nancy R. Stevens, Council Liaison
Re: Up-date report of the School Department projects.
Nancy R. Stevens, School Committee Liaison to the City Council, addresses the Council regarding business involvement in the East Providence Public Schools.
Mayor Grant asks for Unanimous Consent.
Mr. Lynch says he will give consent, but if he is not named to the Board of Tenants' Affairs, he will no longer give consent.
Mayor Grant receives Unanimous Consent to thank Councilman Miranda and his committee for the work done at the Charity Ball.
Meeting adjourned 10:10 P.M.
Attest:
Valerie A. Perry
City Clerk
Approved: 3/15/93