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, May 17, 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
(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
At the request of Mr. Lynch, the Consent Calendar is amended by removing the Class F Alcoholic Beverage License for St. Peter's Brotherhood.
On motion of Mr. Larisa, seconded by Mr. Miranda, it is unanimously voted to approve the Consent Calendar as amended.
Coastal Resources Management Council
By Grover J. Fugate, Executive Director
Maintenance Certification M93-4-25
Requesting maintenance repairs to 260' length (+-) of existing timber pile bulkhead, consisting of replacement of approximately 10% of the timber pile members; located at 9 Pier Road, Map 16, Block 22, Lot 3. (Watchemoket Realty)
Received as information.
Coastal Resources Management Council - ASSENT
By Grover J. Fugate, Executive Director
File No. 91-2-35
Assent to construct/maintain slag berm adjacent to Seekonk River; filling and grading adjacent to river and landward of berm; "capping" of approximately 1.6 acres of yard area. (Ocean State Steel)
Received as information.
Coastal Resources Management Council - Cease and Desist
By Charles Brown Order
No. 1282-93
In violation of installing a wooden boat crib in tidal waters located; at Map 513, Block 36, Parcel 7, 46 Beach Point Drive, without benefit of a CRMC assent. (Hortenze Cotta)
Received as information.
Department of Environmental Management
Division of Freshwater Wetlands
By Charles A. Horbert, Supervisor for Applications Submitting the following Fresh Water Wetland Applicability Determinations:
#91-0289D - located northwest of Highland American plant, 1600 feet north of the intersection of Dext?? Road and King Phillip Road, Map 304, Block 1, Parcel 1.2. (Blackstone Valley District Commission)
#92-0484D - east of Route 114 (Wampanoag Trail), at the Mobil Oil Corporation Oil/Water Separator, Utility Pole Nos. 93 through 96, approximately 1000 feet north of the intersection of Forbes Street and Wampanoag Trail. (R.E. Robbins)
Received as information.
Coastal Resources Management Council - ASSENT
By Grover J. Fugate, Executive Director
File Number 91-1-54
Requesting to construct and maintain private recreational boating facility consisting of 4' x 45' fixed aluminum walkway, 3' x 24' aluminum ramp, and (3) 10' x 20.5' floats (width modified from 16 feet). (Squantum Associates)
Received as information.
Burial Ground Trust Fund (perpetual care) - $200 submitted by Rose Ann and Henry Knowles, 799 Forest Lane, Kissiemmee, Florida, 34746, for Lots 251-252-253-254 - in Little Neck Cemetery - Acceptance Requested
Accepted.
Licenses
Alcoholic Beverage License - Class F - 19 hours beginning at 6:00 A.M. on June 25, 26 & 27, 1993
Applicant - Holy Ghost Society of St. Peter
Location - 172 Woodward Avenue
Subject to Police Chief's approval
The Council discussion is held on the status of the licenses at St. Peter's Brotherhood.
The City Clerk informs the Council that the annual license was not renewed because of non-payment of taxes. Mr. Conley states that if they come in for a new license, it will be a new license.
Michael A. Brown, 9 Lang Avenue, Bristol, Rhode Island, is present and sworn. Mr. Brown answers questions from the Council. He states that the State sales taxes are being paid this week. He also says the St. Peter's Brotherhood has been reorganized with new officers.
Mr. Lynch states his concerns about the license and the effect on the neighborhood. Mr. Brown states that policeman will be hired for the feast.
Mayor Grant suggests the money to pay the Special Police should be paid up front because of the money problems of St. Peter's, and Mr. Brown agrees.
After further discussion, Mr. Lynch says he will support a 19 hour license for the feast, but the organization will have to come before the Council again when they apply for a regular license.
On motion of Mr. Lynch, seconded by Mr. Larisa, and on a unanimous roll-call vote with all Council members present and voting, it is voted to grant the above license, subject to Police Chief's and Fire Marshal's approval, proof of payment of City and State taxes and insurance.
SUBDIVISION OF LAND - Preliminary Plans
Petitioner - Serafim Andrade & Maria C. Andrade
Attorney - Martin P. Slepkow
Assessor's Lots - Map 308, Block 2, Parcel 22
Area - 2.04 acres
General Location - Easterly side of Grassmere Avenue
Notices sent by certified mail on May 10, 1993
Planning Board
By Peter G. Poland, Secretary
Planning Board unanimously recommends to deny the preliminary subdivision; Andrade Estates Plat
Slepkow, Slepkow and Bettencourt, Attorneys At Law
By Martin P. Slepkow, Attorney
Re: Submitting letter of withdrawal for Subdivision of Land, Serafim and Maria C. Andrade, Andrade Estates Plat.
NOTE:
The Planning Board's recommendation to deny the Preliminary Subdivision, was made on May 11, 1993 before the letter of withdrawal was received.
Subdivision of Land, Serafim and Maria C. Andrade, Andrade Estates Plat, withdrawn.
ORDINANCES - Final Passage
Given first passage April 19, 1993)
Advertised - Providence Journal - April 22, 1993
1. ** 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 I. (8) of Section 13-83. entitled "Harbormaster". Section II. Section 13-84. entitled "Assistant Harbormaster." Section III. Section 13-85. entitled "Salary to be set by City Council."
CHAPTER NO. 231
(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.
There are no persons present who wish to be heard.
On motion of Mr. Sullivan, seconded by Mr. Larisa, and on 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 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 and Older", by adding thereto the following:
Sec. 16-21. Self-Help, Inc. Tax Exemption
CHAPTER NO. 232
(Requested by City Council)
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. Sullivan, and on a unanimous roll-call vote with all Council members present and voting, said ordinance is adopted.
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 adding thereto the following:
Moore Street (westbound traffic), at Fern Drive
Moore Street (eastbound traffic), at Pine Grove Street
(Requested by Councilman Lynch)
CHAPTER NO. 234
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 unanimous roll-call vote with all Council members present and voting, said ordinance is adopted.
Dance & Entertainment
Applicant - The Old Oyster House and Lounge, Inc
Location - 28 Water Street
Approved Chief of Police
Subject to Building Inspector's approval
Anthony Faria, 28 Water Street, is present and sworn.
After answering questions from the Council and on motion of Mr. Miranda, seconded by Mr. Lynch, and on a unanimous roll-call vote with all Council members present and voting, said license is granted subject to all approvals.
Licenses
Laundry/Dry Cleaners
Applicant - Antonio D. Braga
dba - Phillipsdale Laundry
Location - 253 Bourne Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Withdrawal request unanimously granted.
Rooming House
Applicant - Antonio D. Braga
Location - 253 Bourne Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Antonio D. Braga, 253 Bourne Avenue, is present and sworn.
After answering questions from the Council the license is unanimously granted, subject to all approvals on motion of Mr. Lynch, seconded by Mr. Miranda.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
St. Peter's Brotherhood (Annual Feast)
By Michael A. Brown, Feast Committee Chairman
Requesting to have a DO NOT ENTER sign on June 25, 26, & 27, 1993 at Dorado Lane, Sutton Avenue and Woodward Avenue.
On motion of Mr. Sullivan, seconded by Mr. Lynch, this request was unanimously approved.
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 M. Bettencourt, 42 Talcott Street, Barrington, Rhode Island, is present and sworn.
Chief Carl Winquist, Chief of Police, answers questions from the Council regarding the license.
Application unanimously approved on motion of Mr. Lynch, seconded by Mr. Larisa, subject to Police Chief's approval.
Sacred Heart Church
By Father Peter De Tullio, Pastor
Requesting permission to display a banner announcing the 1993 Parish Festival, to be hung on Taunton Avenue in the front of Sacred Heart Church to the fire escape located above the Flowers In Bloom Shop, beginning May 21, 1993 to June 13, 1993.
Unanimously granted on motion of Mr. Miranda, seconded by Mr. Lynch.
Dance Marathon
By Michael Regan
Requesting permission to sponsor a Dance Marathon at Phillipsdale Landing.
Michael Regan, 172 Mendon Avenue, Pawtucket, Rhode Island, is present and sworn. Mr. Regan addresses he Council regarding the petition.
Chief Winquist, Sgt. Robert McKenna, and Captain Joseph Pimental address the Council regarding requirements. Captain Pimental states that he is not satisfied with the existing fire safety because of the lack of a fire alarm system.
Mr. Larisa questions Captain Pimental and says he wants to go on record that they will comply to all fire codes.
After further discussion, the meeting recesses at 9:35 P.M. and reconvenes at 9:45 P.M. with all Council members present.
Mr. Conley states that this license is not a Council issue, it must be approved by the Police Chief, subject to all ordinances including the Fire Safety Code.
Vintner Avenue Playground - Petition
By George Page, 42 Star Avenue
Requesting to address the City Council Re: Vintner Avenue Playground.
George Page, 42 Star Avenue, is present and sworn. Mr. Page submits a petition requesting the entire basketball court at Vintner Avenue Playground be removed.
Mr. Sullivan addresses the Council regarding the matter. He requests the basketball court be removed immediately and that the City Manager notify the police to do nightly patrols and nightly reports for three weeks. He makes a motion to have the basketball court removed, and for introduction of an ordinance for no parking on Star Avenue. Mr. Miranda seconds the motion.
Mr. Larisa says the removal of the basketball court should be done only as a last resort. He says he will oppose Mr. Sullivan's motion but would support a motion that deleted removing this basketball court immediately.
Mr. Conley is asked if the motion is in order and he states that he will research it and get back to the Council at the next meeting.
The discussion is open to public comment.
The following residents are present and sworn and address the issue:
Mildred Page, 42 Star Avenue
Dolores R. Parker, 20 vintner Avenue
Robert Parker, 20 Vintner Avenue
Anna, Thomas A. and Kenneth Brightman, 1 Beach Point Drive
Martha Arnold Pezullo, 32 Beach Point Drive
Elizabeth, Joseph and Alicia Wall, 24 Beach Point Drive
Rachel Arruda, 131 Wannamoisett Road
Samuel George, 35 Harold Street
Henry Adams, 9 Promenade Street
Mayor Grant says a solution is needed as soon as possible. He suggests referring the matter to the City Manager and Recreation Department.
Mr. Larisa agrees with Mayor Grant and says the matter should be referred to the Recreation Department, the Law Department and City Manager.
Mr. Sullivan and Mr. Miranda withdraw their original motion.
Motion is made by Mr. Sullivan, seconded by Mr. Miranda, it is unanimously voted to defer the matter to the City Manager and Law Department, and to place it on the docket for the next meeting.
Meeting recesses at 10:50 P.M. and reconvenes at 11:?? P.M. with all Council members present.
Cancellations/Abatements
City Assessor requesting cancellation of taxes as follows:
Year Amount
1985 $ 7.84
1988 20.00
1989 153.57
1990 138.98
1991 1,495.23
1992 1,023.25
Approved.
Law Department
By William J. Conley, Jr., City Solicitor
1. Re: Bart Drive, Map 611, Block 1, Parcel 34
Mr. Conley reports on the status of Bart Drive. He says it has not become a City Street.
2. Re: Closing of Green Lane Road
Mr. Conley says there is no legal impediment to closing Green Lane Road.
On motion of Mr. Lynch, seconded by Mr. Miranda, and on a unanimous roll-call vote with all Council members voting, it is voted to instruct the City Manager to notify the City of Pawtucket that procedures will begin to close Green Land Road.
Finance/Purchasing Departments
By John M. Andrews, Purchasing Agent
Requesting to address the Council for approval to award contracts for alterations to three (3) Branch Libraries.
On motion of Mr. Lynch, seconded by Mr. Miranda, it is unanimously voted to grant the above request.
On motion of Mr. Lynch, seconded by Mr. Larisa, it is unanimously voted to direct the City Manager to thank the Champlin Foundation for their generosity and concern.
1. * Planning Board
By Clifton A. Moore, Chairman
Re: "Disposition of City-owned land - Maple Avenue, Paper Street"
On motion of Mr. Larisa, seconded by Mr. Lynch, it is unanimously voted to refer the matter to the Law Department to look into the feasibility of leasing the property with a right of way during the term of the lease.
2. * Planning Board
By Clifton A. Moore, Chairman
Re: Disposition of City-owned land - Narragansett Avenue"
The petition for Narragansett Avenue is deferred to the June 7th meeting on motion of Mr. Larisa, seconded by Mr. Lynch. Motion passes 5-0.
CLAIMS COMMITTEE
Health Haven Nursing Center - property damage - $185. - approved
Frances Riciardi - damage caused by baseball to automobile - $188. - referred to the School Department
Kelly & Picerne vs. City - demanding issuance of a building permit - referred to the Law Department
Haddock vs. City - Action filed in Superior Court - referred to the Law Department
Richard Silva vs. City - case pending in Federation Court - received as information Judge's decision
The report from the Claims Committee is unanimously received as information on motion of Mr. Lynch, seconded by Mr. Miranda.
Mr. Miranda receives Unanimous Consent to discuss the Holy Ghost Brotherhood carnival.
On motion of Mr. Miranda, seconded by Mr. Lynch, it is unanimously voted to grant the license, subject to all approvals.
Mr. Sullivan receives Unanimous Consent to discuss highways. He speaks on a Public Informational Workshop by D.O.T. regarding Willett Avenue.
(By Mayor Rolland R. Grant)
1. Resident Parking
Mayor Grant speaks on resident parking and says he is working with the Law Department to help alleviate some of the problems in areas that are congested with parking.
2. Report on Sabins Point and Vintner Avenue Playground
Mayor Grant reports on a meeting with Sabin Point neighbors.
3. Summer Lottery
On a recommendation from Mayor Grant, and on motion of Mr. Sullivan, seconded by Mr. Miranda, and unanimously voted to have the Law, Finance and Recreation Departments excluded from the summer lottery.
C.D.B.G. Workshop
On motion of Mr. Larisa, seconded by Mr. Miranda, it is unanimously voted to schedule the C.D.B.G. Workshop for June 7, 1993.
1. * A RESOLUTION ESTABLISHING THE OFFICIAL DRINK FOR THE CITY OF EAST PROVIDENCE FOR THE YEAR 1993.
The above-entitled Resolution is introduced and, on motion of Mr. Sullivan, seconded by Mr. Miranda, with all Council members present and voting, is adopted.
RESOLVE NO. 19
(Requested by Mayor Grant)
2. * RESOLUTION REQUESTING LEGISLATION FOR AN APPOINTMENT OF THE BUILDING CODE BOARD OF STANDARDS AND APPEALS BY THE CITY COUNCIL FOR THE CITY OF EAST PROVIDENCE.
After discussion, it is unanimously voted to amend the above resolution by adding "unanimous consent needed" on motion of Mr. Miranda, seconded by Mr. Sullivan.
The above-entitled Resolution 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 adopted as amended.
RESOLVE NO. 20
(Requested by Councilman Norman J. Miranda)
1. * 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 (a) (b) (c), entitled "Loitering in public places between 9:30 P.M. and 9:00 A.M."
(If given first passage, can be referred to June 7, 1993, for hearing)
(Requested by Onna Moniz, Affirmative Action Officer)
Onna Moniz, Affirmative Action Officer, addresses the Council regarding changing the term "loitering", to "congregating" to avoid the connotation of prostitution.
Police Chief, Carl Winquist, addresses the Council and asks that the time be changed from 9:30 P.M. to 9:00 P.M.
On motion of Mr. Lynch, seconded by Mr. Larisa, it is unanimously voted to amend the ordinance as requested.
The above-entitled ordinance is introduced and, on motion of Mr. Lynch, seconded by Mr. Larisa, and on the unanimous roll-call vote with all Council members present and voting, is given first passage, as amended, and referred to the next regular Council meeting to be held on June 7, 1993.
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", 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.
(If given first passage, can be referred to June 7, 1993, for hearing)
(Requested by Director of Public Works)
The above-entitled ordinance is introduced and, on motion of Mr. Miranda, 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 7, 1993.
Meeting adjourned 12:10 A.M.
Attest:
Valerie A. Perry
City Clerk
Approved: 6/7/93