May 3, 1993 - Journal of the Regular Council Meeting 

 

CITY OF EAST PROVIDENCE, RHODE ISLAND

JOURNAL OF REGULAR COUNCIL MEETING

MONDAY, MAY 3, 1993

8:00 P.M.

 

The City Council meets in the Council Chamber on Monday, May 3, 1993, and is called to order at 8:00 P.M. by Mayo Rolland R. Grant.

 

Present

Joseph S. Larisa, Jr.

Gerald R. Lynch

Norman J. Miranda

Rolland R. Grant

Council Members

 

Paul E. Lemont, City Manager

William J. Conley, Jr., City Solicitor

Valerie A. Perry, City Clerk

 

Absent

Robert D. Sullivan, Council Member

 

(Tracy Simoneau, 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. Lynch, seconded by Mr. Miranda, and on roll-call vote 4-0, it is voted to approve the Consent Calendar.  Mr. Sullivan is noted absent.

 

CC ITEMS

 

APPROVAL OF COUNCIL JOURNALS

Regular Meeting - April 19, 1993

 

Approved, 4-0.  Mr. Sullivan is noted absent.

 

License

 

Poppy Days - May 29 & 30, 1993

Applicant        - American Legion Auxiliary Post #10

                   c/o Valeria Osmanski

Location         - East Providence

Subject to Police Chief's approval

 

Granted, 4-0, subject to Police Chief's approval.  Mr. Sullivan is noted absent.

 

Poppy Days - May 20, 21 & 22, 1993

Applicant     - August Botelho

                     VFW - Primmer - Cordeiro

Location      - East Providence

 

Subject to Police Chief's approval

 

Granted, 4-0, subject to Police Chief's approval.  Mr. Sullivan is noted absent.

 

Alcoholic Beverage License - Class F-1 - 19 hours beginning at 6:00 A.M. on June 13, 1993

Applicant     - Cape Verdean Progressive Center

Location      - 329 Grosvenor Avenue

 

Subject to Police Chief's approval

 

Granted, 4-0, subject to Police Chief's approval.  Mr. Sullivan is noted absent.

 

Coastal Resources Management Council

By Gregory Baribault, Permitting Staff

File No. - 93-4-12

Requesting to replace sidewall shingles with T-I-11, Location; 61 Bluff Street, Plat 212-01, Lot 009.  (Kristen J. Lund)

 

Received as information.

 

PUBLIC HEARINGS

 

ORDINANCES - Final Passage - (Given first passage April

                             19, 1993)

Advertised - Providence Journal - April 23, 1993

 

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 Article X entitled "Stopping, Standing and Parking", Subsection 18-312 entitled "Same--One hundred twenty minutes", by adding thereto the following:

 

Gladys Street (east side)

 

(Requested by Traffic Engineer)

 

CHAPTER NO. 229

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 in a roll-call vote 4-0, said ordinance is adopted.  Mr. Sullivan 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 Vii entitled "Operation of Vehicles", Subsection 18-224 entitled "Certain trucks restricted on certain streets", by adding thereto the following:

 

Don Avenue, from Pawtucket Avenue to Greenwood Avenue

 

(Requested by Councilman Gerald R. Lynch)

 

CHAPTER NO. 230

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 roll-call vote 4-0, said ordinance is adopted.  Mr. Sullivan is noted absent.

 

CITY COUNCIL SITTING AS LICENSING COMMISSIONERS

 

Licenses

 

Victualling - Class 3 - Not over 25

Applicant   - Friendly Pizza & Fish

Location    - 68 Taunton Avenue

 

Subject to Police Chief's approval

Subject to Building Inspector's approval

Subject to Health Inspector's approval

 

Athanosios Rekaris, 36 Cherry Tree Lane, New Bedford, Massachusetts, and Nick Sedaris, 216 Raffle Hill Road, South Dartmouth, Massachusetts, are present and sworn.

 

Granted, 4-0, on motion of Mr. Miranda, seconded by Mr. Lynch, subject to all approvals.  Mr. Sullivan is noted absent.

 

Victualling - Class 1 - Over 50

Applicant   - Rosegarden Restaurant

Location    - 579 Warren Avenue

 

Subject to Police Chief's approval

Subject to Building Inspector's approval

Subject to Health Inspector's approval

 

Gregory Rose, 16 Reynolds Street, is present and sworn.

 

Granted, 4-0, on motion of Mr. Miranda, seconded by Mr. Larisa, subject to all approvals.  Mr. Sullivan is noted absent.

 

Victualling - Class 2 - Not over 50 - Transfer

From        - Paul & Kathleen Fraunfelter

dba         - Paul's Old Bridge Restaurant

To          - Dee's Place, Incorporated

Location    - 35 Warren Avenue

 

Subject to Police Chief's approval

Subject to Building Inspector's approval

Subject to Health Inspector's approval

 

Deidre Amaral, 1 No.  Howard Avenue, North Providence, Rhode Island is present and sworn.

 

Granted, 4-0, on motion of Mr. Miranda, seconded by Mr. Larisa, subject to all approvals.  Mr. Sullivan is noted absent.

 

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL

 

RECEPTION OF PETITIONS

 

Tony Sylvia - 103 Shore Road, 02915

Submitting a petition to the City Council requesting that the City of East Providence remove the Basketball Court at Sabin Point Park to a point that is not near homes.

 

The following people are present and sworn and speak regards to a petition to move the basketball court at Sabins Point Park:

 

Anthony Silva, 103 Shore Road

Donald Ziobrowski, Sr., 92 Shore Road

Armando Medeiros, 118 Bluff Street

Doreen Medeiros, 132 Shore Road

Tom Gagnon, 124 Middle Street

Rob Lonsby, 37 Medberry Street

 

They state the problems facing the neighbors, including speeding cars, foul language, and unruly behavior.

 

Mayor Grant states he will hold a neighborhood meeting to try and address the problems.  Mr. Lynch and Mr. Miranda ask for reports from the Recreation and Police Department.

 

Mr. Lemont says it is his opinion that the basketball court should be removed.

 

Private Detective License

Applicant   - Rodrigo M. Bettencourt - 42 Talcott Street

                    Barrington, Rhode Island

Location    - East Providence, Rhode Island

 

Subject to Police Chief's approval

 

Rodrigo Bettencourt, 42 Talcott Street, Barrington, Rhode Island is present and sworn.

 

On motion of Mr. Miranda, seconded by Mr. Lynch, it is voted 4-0 to defer this application to the next regular Council meeting to be held May 17, 1993.  The Council was not provided with documentation.  Mr. Sullivan is noted absent.

 

CONTINUED BUSINESS

 

NEW BUSINESS

 

CITY OFFICIAL REPORTS

 

Finance Department

By James F. McDonald, Finance Director

 

1. Presentation of 10/31/92 Comprehensive Annual Financial Report prepared by Cayer Prescott Associates.

 

Finance Director, James McDonald and Mr. Lemont are commended by the City Council for the audit report.

 

2. Final 1993 Tax Rate

 

James McDonald, Finance Director, states that the motor vehicle increase caused a larger revenue than was projected, thus the lower tax rate than was projected.

 

CLAIMS COMMITTEE

 

Lorraine Aprin - damage to vehicle - denied

Angela Batoldi - damages to vehicle - denied

Marie Dolman - damages to vehicle - denied

Julie Ann Silvia - $50,000 for personal injuries received from fall on school property - referred to the School Department insurance carrier

Thomas Siravo - unspecified amount for personal injuries referred to the Law Department

Helen Zannini - unspecified amount for personal injuries referred to the Law Department

 

Previous Claims:

Duffy Brothers Construction - allegation that the City participated in dumping of hazardous waste - referred to the Law Department

George & Jaline Allen vs. City of East Providence - case settled for $200 for property damage

MotorRing vs. City of East Providence Zoning Board of Review - Superior Court ruled against Zoning Board of Review - City will file an appeal

Robert Silva vs. City of East Providence - settlement of $650,000 - received as information

The Claims Committee report is accepted 4-0, on motion of Mr. Lynch, seconded by Mr. Larisa, Mr. Sullivan is noted absent.

 

COUNCILMEN

 

(By Councilman Joseph S. Larisa, Jr.)

Property Tax Cut

 

Mr. Larisa asks that information be sent to him of any other cities or towns that have property tax cuts on their docket.

 

Received as information.

 

INTRODUCTION OF ORDINANCES

 

1. * AN ORDINANCE IN AMENDMENT OF CHAPTER 16 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "TAXATION", which amends Article II entitled "Property Exemption for Veterans and Persons Sixty-five years of Age and Older", by adding thereto the following:

 

Sec. 16-21.  Self Help, Inc. Tax Exemption

 

(If given first passage, can be referred to May 17, 1993, for hearing)

(Requested by City Council)

 

The above-entitled ordinance is introduced and, on motion of Mr. Lynch, seconded by Mr. Miranda, and on a roll-call vote 4-0, is given first passage and referred to the next regular Council meeting to be held May 17, 1993, for a public hearing and consideration of final passage.  Mr. Sullivan is noted absent.

 

 

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", which amends Section 19-96 entitled "Districts--Designated" is 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.

 

(If given first passage, can be referred to June 7, 1993, for hearing)

 

The above-entitled ordinance is introduced and, on motion of Mr. Lynch, seconded by Mr. Miranda and on a roll-call vote 4-0, is given first passage and referred to the next regular Council meeting to be held on May 17, 1993, for a public hearing and consideration of final passage.  Mr. Sullivan 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 Subsection 18-269 entitled "Stop and yield intersections designated; when stops required", by addin thereto the following:

 

Moore Street (westbound traffic), at Fern Drive

 

Moore Street (eastbound traffic), at Pine Grove Street

 

(If given first passage, can be referred to May 17, 1993 for hearing)

(Requested by Councilman Lynch)

 

The above-entitled ordinance is introduced and, on motion of Mr. Lynch, seconded by Mr. Miranda, and on a roll-call vote 4-0, is given first passage and referred to the next regular Council meeting, to be held May 17, 1993, for a public hearing and consideration of final passage.  Mr. Sullivan is noted absent.

 

APPOINTMENTS

 

(By Mayor Rolland R. Grant)

 

Special Police Constable

R Mark McHugh      101 Wannamoisett Rd   02914

 

On motion of Mr. Miranda, seconded by Mr. Larisa, it is voted 4-0 to reappoint Mark McHugh as Police Constable, for the term expiring December 1, 1994, subject to conformance with all the rules and regulations.

 

(By Councilman Robert D. Sullivan)

 

Special Police Constable

R Louis Gelfusco     21 Wamsetta Ave  02915

 

On motion of Mr. Lynch, seconded by Mr. Miranda, it is voted 4-0 to reappoint Louis Gelfusco as Police Constable, for the term expiring December 1, 1994, subject to conformance with all the rules and regulations.  Mr. Sullivan is noted absent.

 

ANNOUNCEMENTS

 

Mayor Grant asks for a date from the Council for a Community Development Block Grant workshop.  It is decided to place the workshop at the end of the next meeting's docket, scheduled for May 17, 1993.

 

Mayor Grant invites the public to attend an All American Cities meeting, scheduled for Tuesday, May 4, 1993 at 7:00 P.M.

 

COMMUNICATIONS

 

Arlon - Adhesive & Films Division

By David A. Snow, Plant Manager

Re:  Live Fire Extinguisher Training at Arlon, Inc.

 

Mr. Conley states that communication form the Fire Chief regarding this matter indicates that specific training i?? needed for employees to put fires out and because our ordinance prohibits outdoor fires, the ordinance needs to be reviewed.

 

On motion of Mr. Lynch, seconded by Mr. Larisa, it is voted 4-0 to refer this matter to the Fire Chief, City Manager and the Law Department.  Mr. Sullivan is noted absent.

 

Meeting adjourned at 9:07 P.M.

 

Attest:

 

Valerie A. Perry

City Clerk

 

Approved:  6/7/93

 

 

May 3, 1993 - Journal of the Regular Council Meeting
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