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 15, 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 Mayor Rolland R. Grant.
Salute to the Flag is led by Councilman Gerald R. Lynch.
TO APPROVE THE CONSENT CALENDAR
On motion of Mr. Lynch, seconded by Mr. Miranda, and on a roll-call vote, it is unanimously voted to approve the Consent Calendar.
APPROVAL OF COUNCIL JOURNALS
Regular Meeting - March 1, 1993
Unanimously Approved
Alcoholic Beverage - Class F-1 - 19 hours beginning
at 6:00 A.M. on April 23 & 24, 1993
Applicant - Bay View Academy
- Manhattan At The Bay
Location - 3070 Pawtucket Avenue
Subject to Police Chief's approval
Sunday/Holiday Sales
Applicant - James Edward Toolin
dba - Rollercoasters
Location - 205B Bullocks Point Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Sunday/Holiday Sales
Applicant - An Exquisite Occasion
Location - 326 Bullocks Point Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Sunday/Holiday Sales
Applicant - Buckett's General Store
Location - 269 Bullocks Point Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Sunday/Holiday Sales
Applicant - Forbes Square Florist
Division of Bayberry Corporation
Location - 1235 Wampanoag Trail
Subject to Police Chief's approval
Subject to Building Inspector's approval
Subject to Zoning Officer's approval
(Permission to advertise)
Alcoholic Beverage Class B Limited
Applicant - Cafe Gianni, Inc.
Location - 335 Newport Avenue
Cancellations/Abatements
Year Amount
1983 $ 107.90
1984 97.00
1985 32.93
1986 33.81
1987 46.76
1988 84.51
1989 232.44
1990 695.27
1991 3,521.56
1992 3,872.80
Employee Recognition - Firefighters
Plaques and proclamations presented by Mayor Grant and Fire Chief Kenneth Marcotrigiano to Firefighters Walter Canavan, Timothy Cullinan, Stephen Roca, and Glen Quick for distinguished service.
Citizen's Recognition, by East Providence Fire Department & The American Heart Association
Dr. Harrison of the American Heart Association presents the "Five Minutes to Live Award", the highest award given by the American Heart Association, to Timothy Sullivan, 165 Vineyard Road, Warwick, Rhode Island and Joseph Castro, 40 Walnut Street, East Providence, Rhode Island, for saving the life of another East Providence citizen.
Motion to change the order of business Unanimously voted
Mr. Lynch announces that he will have to leave shortly, and makes a motion, seconded by Mr. Larisa, to change the order of business. Motion passes on a unanimous vote.
At the request of Mr. Lynch, Mr. Lemont speaks on the issue. The question is whether it is logical to place the air quality station at Glenlyon Field, which recently received extensive renovations.
Mr. Lynch says he welcomes the station in Ward 1 and expects D.E.M. to work with the department heads to find the ideal location.
Barbara Morin, a representative from D.E.M., addresses the Council. She states that D.E.M. is willing to negotiate a lease with the City for the site, and D.E.M. will pay for the sewer and electricity connections.
Mr. Larisa says he would join in a motion by Mr. Lynch to say the Council welcomes the air pollution facility and asks for an update from the City Manager in three weeks regarding the status of it.
Mr. Lynch makes a motion to endorse the location of the air quality location around the Glenlyon Field or the school and ask the City Manager to see to negotiations with D.E.M. Mr. Larisa seconds the motion and amends it to say if it is agreed by D.E.M. and the Planning Department, or the City Manager, that the facility should be moved to a different location in the City, that it not be ruled out.
Mr. Lynch moves the question seconded by Mr. Miranda, and unanimously voted. Roll call vote taken on original motion, which passes unanimously.
Resolve #15
RESOLUTION REQUESTING AN INVESTIGATION OF THE SAFETY, NECESSITY AND REGULATION OF THE STATE'S LNG FACILITIES AND THE TAKING OF MEASURES TO ENSURE THE PUBLIC HEALTH, SAFETY AND WELFARE. (Requested by Councilman Lynch)
Gerald Cousineau, 98 Catlin Avenue, East Providence, Rhode Island, receives permission to address the Council regarding the resolution. He asks for a favorable vote from the Council on the issue. He announces a public hearing scheduled for March 22 at Martin Junior High School regarding the Newbay plant and asks if the City will be formally represented. Mayor Grant states that he plans to be there, but only as an observer, and he will report back to the Council.
On motion of Mr. Lynch, seconded by Mr. Larisa, and on a unanimous roll-call vote with all Council members present and voting, the resolution is adopted.
Mr. Lynch speaks on the proposed amendment to the Labor Relations Legislation. He says he agrees with the legislation, but would abstain from the vote because his brother is a member of the Fire Department.
(Mr. Lynch leaves the meeting at 8:50 p.m.).
Motion made by Mr. Miranda, seconded by Mr. Sullivan, to return to the regular order of business. Motion passes 4-0. Mr. Lynch is noted absent.
(Deferred to 4/5/93 for update with hearing scheduled to 4/19/93 provided all conditions met)
REZONING - District R-1 to District R-3
PETITIONER - Monroe F. Allen
Attorney - Martin S. Slepkow
Change from District - R-1 to District R-3
Lot - Map 611, Block 1, Parcel 22
Area - 29,653 sq. ft. +-
Location - Forbes Street
Re-advertised - East Providence Post - February 18 & 25, & March 4, 1993
Notices sent by certified mail - March 5, 1993
Planning Board
Recommending approval subject to certain conditions
Attorney Martin P. Slepkow addresses the Council. He asks for a postponement of the matter because of Mr. Lynch's absence.
Councilman Sullivan states that the neighbors want an independent engineering study on the area.
Mr. Larisa makes a motion, seconded by Mr. Sullivan, to allow Bruce Blaydes to address the Council on behalf of the neighbors. The motion passes 3-1, with Mayor Grant voting against, and Mr. Lynch noted absent.
Bruce Blaydes, 66 Griffith Drive, East Providence, Rhode Island, is present and sworn. Mr. Blaydes states that he is speaking on behalf of the neighbors and suggests hiring Pare Engineering to do an independent study, and if the proposal is given the okay by this firm, the neighbors would agree.
After further discussion, Mr. Slepkow states his client will agree to pay up to $1,000 to a firm to study the CDM report, which the Council agrees with.
Motion is made by Larisa, seconded by Mr. Sullivan, to continue the matter to the next Council meeting for an update, with the actual hearing to be held in four weeks, at the April 19th meeting, on the condition that the petitioner is going to work with Mr. Blaydes and his group to retain the Pare Engineering Corp. and to pay the cost of the engineer up to $1,000. Motion passes 4-0 on a roll call vote, with Mr. Lynch noted as absent.
(Same as Above)
SUBDIVISION - Preliminary Plans
PETITIONER - D'Ambra Realty Corp. & Monroe F. Allen
Plat Title - Evergreen Estates
Assessor's Lot - Map 611, Block 1, Parcels 22, 23.1 & 25
Area - 5.53 acres +-
General Location - South side of Forbes Street - adjacent to 277 Forbes Street
Planning Board
Recommending approval subject to certain conditions
ALCOHOLIC BEVERAGE LICENCE - Class B Full Privilege (Victualer)
Advertised - East Providence Post - February 18 & 25, 1993
Applicant - The Old Oyster House Restaurant & Lounge, Inc.
Location - 28 Water Street
Approved - Chief of Police
Approved - Chief of Police
Subject to - Building Inspector's Approval
Subject to - Health Inspector's Approval
The above application for a Class B Full Privilege Alcoholic Beverage License, referred to this time and place for a public hearing, is called for hearing.
The applicant, Anthony Faria, 28 Water Street, East Providence, Rhode Island, is present and sworn.
Mr. Faria is questioned by the Council about the fire alarm system at the location. Captain Pimental of the Fire Department addresses the Council. He states that there are other violations and he has not yet made an official inspection of the premises.
Motion is made by Mr. Larisa, seconded by Mr. Miranda, to grant the license, subject to all approvals, including the Fire Marshall's approval. Motion passes 4-0 on a roll-call vote, with Mr. Lynch noted absent.
*McLaughlin & Moran, Inc. - By Thomas M. Glavin, Credit Manager
Objection due to indebtedness.
Dance and Entertainment
Applicant - The Old Oyster House & Lounge, Inc.
Location - 28 Water Street
The City Clerk states that this matter must be deferred until the applicant appears before the Zoning Board of Review. Motion to defer is made by Mr. Miranda, seconded by Mr. Larisa, and voted 4-0 on a roll call vote, with Mr. Lynch noted as absent.
Victualling - Class 1/Over 50
Applicant - The Old Oyster House & Lounge, Inc.
Location - 28 Water Street
Subject to Police Chief's approval
Subject to Building Inspector's Approval
Subject to Health Inspector's Approval
Subject to Fire Marshall's approval
Motion is made by Mr. Larisa, seconded by Mr. Miranda, to grant the license, subject to all approvals, including the Fire Marshall's approval. Motion passes 4-0 on a roll-call vote, with Mr. Lynch noted absent.
Secondhand - Baseball Cards - Location Transfer
Applicant - Ronald J. Raposa
dba - Major League Memories
From - 121 Burgess Avenue
To - 686 Willett Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Subject to Zoning Officer's approval
Ronald J. Raposa, 30 Benedict Street, Riverside, Rhode Island, is present and sworn. Motion made by Mr. Miranda, seconded by Mr. Larisa, and voted 4-0 to approve. Mr. Lynch is noted absent.
Licenses
Victualling - Class 2/Not over 50
Applicant - Cafe Gianni, Inc.
Location - 335 Newport Avenue
Approved by Police Chief
Subject to Building Inspector's approval
Subject to Health Inspector's approval
Subject to Zoning Officer's approval
Theresa Raino, 100 Lena Street, Cranston, Rhode Island, is present and sworn.
Motion made by Mr. Sullivan, seconded by Mr. Larisa, to approve. Motion passes 4-0, with Mr. Lynch noted as absent.
Carnival - May 8, 1993
Applicant - Gordon School
Location - 45 Maxfield Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Subject to Fire Marshal's approval
Subject to Electrical Inspector's approval
Don Hendrie, Providence, Rhode Island, is present and sworn. Granted on motion made by Mr. Larisa, seconded by Mr. Miranda, and voted 4-0, with Mr. Lynch noted as absent.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
Defer to 4/5/93
By Valerie A. Perry, City Clerk
Report on Assistant Harbormaster applications
The City Clerk reports that advertisements were placed in the East Providence Post and The Times for an Assistant Harbormaster. Applications were received from Jay Gold and Kenneth Kopecky. On motion by Mr. Larisa, seconded by Mr. Miranda, it is unanimously voted to defer the matter to the next meeting. Mr. Lynch is noted as absent.
Labor Relations Legislation Denied
Proposed Amendements to Labor Relations Legislation
Mr. Sullivan says he feels the City Council is being used for special interest and sees no need for this to come before the City Council, and he will vote against.
Mr. Larisa states that the Council would be voting on whether or not to let the question be voted on by the general public.
Mr. Miranda states that the division heads should not be in the same union with rank and file.
Discussion is held regarding contracts that are in place. Mr. Larisa states that the legislation would not go into effect until after November 1994 and would not affect current contracts.
After further discussion, Mr. Larisa makes a motion to send this to Senator Tavares with the support of the Council to submit it as special legislation to be passed by the General Assembly and sent to the residents of East Providence for a vote in November 1994. Mr. Miranda seconds the motion.
Unanimous Consent is given to allow Senator Tavares to speak on the issue, and he discusses the purposes of the legislation.
Keith Grant, 17 Avenue B, Riverside, Rhode Island, a firefighter in the City of Providence, is present and sworn. He questions the reasons behind the separation of line officers and supervisory personnel.
After further comments by Senator Tavares, the question is moved by Mr. Larisa, seconded by Mr. Sullivan, and so voted. Roll call vote taken on the motion:
Mr. Larisa Aye
Mr. Miranda Aye
Mr. Sullivan Nay
Mayor Grant Nay
The vote is tied at 2-2 and dies. Mr. Lynch is noted as absent.
No Claims Committee on this date
Closed Session B.C.W.A.
Mr. Conley advises the Council that the case of the City of East Providence vs. the Bristol County Water Authority is scheduled for a hearing in Superior Court tomorrow. He requests the Council go into Closed Session to discuss litigation and to explain to the Council the strategy regarding that hearing.
On motion by Mr. Larisa, seconded by Mr. Miranda, it is voted 4-0 to go into Closed Session to discuss the B.C.W.A. litigation. Mr. Lynch is noted as absent.
The regular meeting is recessed at 10:28 p.m. and goes into Closed Session.
RE: BRISTOL COUNTY WATER AUTHORITY (B.C.W.A.) LITIGATION
(Reserved)
The regular meeting is reconvened at 10:45 p.m.
Mr. Miranda receives Unanimous Consent to thank everyone who worked during the blizzard. He commends the Department Heads and employees. The other Council members echo Mr. Miranda's comments.
(By Mayor Rolland R. Grant)
1. Inventory Tax
Mayor Grant requests a written report back from the Finance Director regarding the inventory tax and how we can get around it.
2. Municipal Clean-up
Mayor Grant announces that the OSCAR Earth Day will be held on April 22nd. He says the state is encouraging municipal clean-ups on Saturday, April 17. Mayor Grant urges all citizens to participate in the clean-up on the 17th of April, time and place to be announced.
(see Intro. of Ordinances)
By Councilman Joseph S. Larisa) Reconsideration of Planning Board's proposed ordinance regarding Institutions dedicated to the instruction of trades.
Resolve #17
East Providence Historical Society REQUESTING RESOLUTION FROM THE COUNCIL SUPPORTING A GRANT APPLICATION FROM THE RIDOT TRANSPORTATION ENHANCEMENT PROGRAM.
The resolution is introduced and adopted on a motion by Mr. Sullivan, seconded by Mr. Larisa, and voted 4-0 on a roll call vote, with Mr. Lynch noted as absent.
+Addendum
RESOLUTION
Resolve #16
RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR FUNDING UNDER THE RHODE ISLAND HOUSING HOME PROGRAM
The above resolution is introduced and on motion by Mr. Larisa, seconded by Mr. Sullivan, is adopted on a 4-0 roll call vote, with Mr. Lynch noted as absent.
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 Section 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).
Mr. Larisa speaks on the ordinance regarding institutions dedicated to the instruction of trades. He says MotoRing has agreed to move from the area they are now and asks Mr. Sullivan to move for reconsideration of the ordinance.
Mr. Sullivan makes a motion to reconsider the ordinance, Mr. Larisa seconds the motion. Motion passes 4-0 on a roll call vote, with Mr. Lynch noted as absent.
Mr. Larisa makes a motion, seconded by Mr. Sullivan, to give first passage to the ordinance, with final passage scheduled for April 19, 1993, as long as MotoRing meets the off-street parking regulations and other City regulations required. Motion passes 4-0 on a roll call vote, with Mr. Lynch noted as 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 Subsection 18-269 entitled "Stop and yield intersections designated; when stops required," by adding thereto the following: Mercer Street (eastbound traffic), at Lyon Avenue
(Requested by Traffic Engineer)
The above entitled ordinance is introduced and on motion of Mr. Larisa, seconded by Mr. Sullivan, is passed on a unanimous roll call vote with four Council members present and voting (Mr. Lynch is noted as absent), is given first passage and referred to the next regular Council meeting, to be held on April 5, 1993 for a public hearing and consideration of final passage.
3. * 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 Section 11-1 entitled "Definitions", is amended by changing the definition of the following words "terms and phrases".
Paragraph (5) of Subsection (e) entitled "Examinations generally" of Section 11-64 entitled "Examination procedure."
(Requested by Councilman Sullivan for Mayor Grant)
The above entitled ordinance is introduced and motion is made by Mr. Sullivan, seconded by Mr. Miranda, to approve for first passage. Mayor Grant states that the ordinance will close the gap on temporary employees, not allowing them to remain as temporary for more than six months, and will do away with unassembled tests. Question is moved on a motion by Mr. Larisa, seconded by Mr. Miranda, and voted 4-0, with Mr. Lynch noted as absent.
Roll call vote taken on the motion to approve the ordinance. Motion passes 4-0 with Mr. Lynch noted as absent. The ordinance is given first passage and referred to the next regular Council meeting, to be held on April 5, 1993 for a public hearing and consideration of final passage.
4. * 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 the following:
The first paragraph of Subsection (g) entitled "Rating examinations", of Section 11-64 entitled "Examination procedure."
(Requested by Councilman Sullivan for Mayor Grant)
Mr. Sullivan speaks on the ordinance which would give an additional 10% to City residents applying for City jobs.
Motion is made by Mr. Sullivan, seconded by Mr. Miranda to approve for first passage. Mr. Larisa speaks on the ordinance. He says that 10 points will all but eliminate anyone from outside the City. After further discussion, roll call vote taken on the motion:
Mr. Larisa Nay
Mr. Miranda Aye
Mr. Sullivan Aye
Mayor Grant Aye
Motion passes 3-1, with Mr. Lynch noted as absent. The ordinance is given first passage and referred to the next regular Council meeting, to be held on April 5, 1993 for a public hearing and consideration of final passage.
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:
Silver Street (south side), from Main Street easterly to its deadend.
Silver Street (north side), from its easterly deadend west for a distance of one hundred sixty (160) feet (along the length of the Water Pollution Control Pumping Station.)
(Requested by Traffic Engineer)
The above entitled ordinance is introduced and, on motion of Mr. Sullivan, seconded by Mr. Miranda, and on a unanimous roll call vote with four Council members present and voting (Mr. Lynch is noted as absent), is given first passage and referred to the next regular Council meeting, to be held on April 5, 1993 for a public hearing and consideration of final passage.
Tenant Affairs Board Council Liaison
City Council Liaison - Board of Tenants' Affairs Councilman Gerald R. Lynch
(By Councilman Joseph S. Larisa, Jr.)
Municipal Land Trust
Bruce Chick 235 Pleasant Street 02916
On motion by Mr. Larisa, seconded by Mr. Sullivan, Bruce Chick is unanimously appointed for a term expiring March 15, 1995.
(By Councilman Gerald R. Lynch)
Coastal Resources Management Commission
David F. Briden 21 Kelley Avenue 02916
On motion by Mr. Larisa, seconded by Mr. Miranda, David F. Briden is unanimously appointed for a term expiring December 31, 1995.
(By Councilman Robert D. Sullivan)
Adopt an Island Committee
Bruce D'Traglia 120 Smith Street 02915
On motion by Mr. Sullivan, seconded by Mr. Miranda, Bruce D'Traglia is unanimously appointed.
By Joseph A. Botelho, Jr., Yorktown Associates, Inc.
Requesting to address the Council on behalf of Graham and Mary Merkert regarding the status of Bart Drive which abuts the southerly side of their property located at 45 Plum Road.
Joseph A. Botelho, Jr., with offices at 2791 Pawtucket Avenue, East Providence, Rhode Island, addresses the Council regarding property on Plum Road. He says the property abuts what is known as Bart Drive, and he asks for a determination if Bart Drive is a City Street. Mr. Larisa makes a motion to refer the definition of City streets to the City Solicitor, and to refer Mr. Botelho's proposal to the Planning Department to determine what the ramifications would be, with the report to come back to the Council as soon as possible. Mr. Sullivan seconds the motion, which passes 4-0.
Meeting adjourned at 11:45 p.m.
Attest:
Valerie A. Perry
City Clerk
Approved: 4/5/93