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, November 15, 1993, and is called to order at 8:00 P.M. by Mayor Rolland R. Grant.
Mr. Lynch asks for a moment of silence for Dave Hellendrung of Rumford.
Present
Rolland R. Grant Mayor
Joseph S. Larisa, Jr.
Gerald R. Lynch
Norman J. Miranda
Robert D. Sullivan
Council Members
Paul E. Lemont, City Manager
William J. Conley, Jr., City Solicitor
Valerie A. Perry, City Clerk
(Darlene LaPlante, Woods Reporting, 20 Fifth Street, Providence, Rhode Island, is present to record the proceedings of the public hearings)
Invocation is given by Councilman Norman J. Miranda.
Salute to the Flag is led by Mayor Rolland R. Grant.
Mr. Larisa makes a motion, seconded by Mr. Miranda, to keep the Closed Sessions closed at this time. Motion passes 5-0.
TO APPROVE THE CONSENT CALENDAR
On motion of Mr. Lynch, seconded by Mr. Miranda, and on a unanimous roll-call vote with all Council members present and voting, it is voted to approve the Consent Calendar as amended.
APPROVAL OF COUNCIL JOURNALS
Regular Meeting - October 18, 1993
Special Meeting - Special Hearing - Re: Special Police
Officer Joseph Traficante - October 25, 1993
Regular Meeting - November 1, 1993
Unanimously approved.
Closed Sessions
CLOSED SESSIONS
October 18, 1993 - Negotiations
October 25, 1993 - Negotiations
October 25, 1993 - Special Police Officer Joseph Traficante
November 1, 1993 - Negotiations
(See page #1)
Cancellations/Abatements
City Assessor requesting cancellation of taxes as follows:
Year Amount
1986 $ 87.44
1990 535.23
1991 176.88
1992 189.33
1993 917.94
Approved.
Board of Assessment Review
By Peter P. Calise, Chairman Eugene J. Amaral, Vice President; and Daniel Rowe, Secretary
1993 Tax Roll Assessment Appeals - (Decision)
Received as information.
Pole Location - The Narragansett Electric Company - King Phillip Road (#200968)
Subject to Fire Chief's Approval; work to be done subject to Public Works Director's supervision
Approved.
Licenses
(Permission to advertise)
Alcoholic Beverage License - Class B Full Privilege (Victualer)
Applicant - Tropical Ilhas, Inc.
Location - 472 Waterman Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Subject to Health Inspector's approval
(Can be referred to December 6, 1993, for hearing)
Unanimously approved.
ORDINANCES - Final Passage (Given first passage November 1, 1993)
Advertised - Providence Journal - November 4, 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 IX entitled "Stop Intersections," Subsection 18-269 entitled "Stop and yield intersections designated; when stops required.", by adding thereto the following:
Martin Street (eastbound and westbound traffic), at Dodge Street.
CHAPTER NO. 272
(Requested by Mayor Rolland R. Grant)
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. Lynch, and on a unanimous roll-call vote with all Council members present and voting, said ordinance is adopted.
2. ** AN ORDINANCENANCE 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 deleting therefrom the following:
Somerset Avenue (west side), from Burnside Avenue northerly approximately 300 feet to the south property line of Delle Femine Field Playground.
(Requested by Councilman Robert D. Sullivan)
CHAPTER NO. 273
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 unanimous roll-call vote with all Council members present and voting, said ordinance is adopted.
LICENSES
ALCOHOLIC BEVERAGE LICENSE - Class B Full Privilege (Victualer)
Applicant - Ping C. Chin
dba - Ping Chin Island
Location - 376 Bullocks Point Avenue
(Communication sent by certified mail November 5, 1993)
NOTE:
Regarding Ping Chin Island - letter of objection for Alcoholic Beverage License renewal submitted by residents.
Robert Simmons, Attorney for the applicant, addresses the Council.
Carol Carbone, 33 Earl Avenue, is present and sworn. Mrs. Carbone states that she is representing the neighbors and is protesting the license because of problems that have ensured since the entertainment license was granted. She states that neighbors are subjected to noise from patrons congregating in the parking lot and using profanity, fighting, and revving their car engines. She says there is also a problem with litter from trash and bottles in the parking lot. She says that she has spoken to the owner several times about the problems, but nothing has been done to alleviate them. She asks that the City Council revoke the license.
A discussion is held on the radius map, which was submitted with the neighbors' petition.
Mr. Conley says that he assumes Mrs. Carbone is addressing to R.I.G.L. 3-7-19, which states that if more than 50% of the neighboring property owners within 200 feet file an objection to the license, the licensing commissioners cannot issue the license. He says the question to be resolved is if the signatures collected by Mrs. Carbone fall within the 200' radius and the signatures are of the owners of the properties.
A motion is made by Mr. Larisa, seconded by Mr. Lynch, to make Mrs. Carbone's letter of October 25, 1993 and documentation accompanying the letter, plus the police reports part of the record. Motion passes unanimously on a roll-call vote.
Motion is made by Mr. Lynch, seconded by Mr. Miranda, to make all other documents submitted by Mrs. Carbone, and the City Clerk's letter of November 5, 1993 part of the record. Motion passes unanimously on a roll-call vote.
Victoria Silvia, 30 Earl Avenue, is present and sworn and speaks against the license.
The meeting is recessed at 8:55 P.M. and reconvenes at 9:05 P.M. with all Council members present.
Mayor Grant states that the hearing must be deferred to December 6, 1993, because the license holder did not receive all the information presented tonight. It is decided that the radius map will be referred to the Tax Assessor to confirm the names and addresses on the petition.
A motion is made by Mr. Lynch, seconded by Mr. Larisa, to defer the meeting and stay the renewal, request an opinion from the Police Chief, and direct the City Clerk to provide the Council with everything made part of the record tonight. Motion passes unanimously on a roll-call vote.
Mr. Simmons will be provided with all the information from tonight.
SECONDHAND/AUTO
Applicant - Cars Trucks & More, Inc.
Richard D. Marsella
Location - 407 Taunton Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Richard D. Marsella, 369 Simmonsville Road, Johnston, Rhode Island is present and sworn.
On motion of Mr. Sullivan, seconded by Mr. Lynch, and on a unanimous vote, it is voted to grant the above license subject to all approvals.
Sunday/Holiday
Applicant - Cars Trucks & More, Inc.
Richard D. Marsella
Location - 407 Taunton Avenue
Subject to Police Chief's approval
Unanimously granted on motion of Mr. Sullivan, seconded by Mr. Lynch subject to Police Chief's approval.
Sunday/Holiday
Applicant - Color Creations
Location - 307 Taunton Avenue
Subject to Police Chief's approval
Wayne Holmes, 27 Cobb Street, is present and sworn.
Unanimously granted subject to Police Chief's approval, on motion of Mr. Lynch, seconded by Mr. Miranda.
Sunday/Holiday - Transfer
From - Linden Farms
To - Stop N Save Convenience Stores, Inc.
Location - 548 Willett Avenue
Subject to Police Chief's approval
Khalid Siddique, 825 Ponitac Avenue, Cranston, Rhode Island, is present and sworn.
Unanimously granted subject to Police Chief's approval on motion of Mr. Sullivan, seconded by Mr. Larisa.
Victualling/Not over 25 - Class 3
Applicant - Stop N Save Convenience Stores, Inc.
Location - 548 Willett Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Subject to Health Inspector's approval
Unanimously granted on motion of Mr. Lynch, seconded by Mr. Sullivan subject to all approvals.
Victualling
Applicant - Little Longfellow's
Location - 257 Warren Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Subject to Health Inspector's approval
Mary Crawley, 32 Heath Street, is present and sworn.
Unanimously granted on motion of Mr. Miranda, seconded by Mr. Lynch subject to all approvals.
Employment Agency - Transfer - Location only
Applicant - Capitol Personnel, Inc.
From Location - 4 Reynolds Street
To - 850 Waterman Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Linda Perry, 17 Parker Avenue, is present and sworn.
On motion of Mr. Miranda, seconded by Mr. Sullivan, it is unanimously voted to grant the transfer of location to the above business subject to all approvals.
Dover Avenue
Petition by residents of Ward Three re: concerns regarding conditions at the end of Dover Avenue.
Mayor Grant speaks on the petition regarding problems with flooding at the end of Dover Avenue. He says he would like the Public Works Department to do an investigation and give a report.
Julia Forgue, Director of Public Works, states that two catch basins have been taken care of. She says she will look into it further and report back to the council.
Upgrade of City's telecommunications system.
Mr. Lemont asks John Andrews to report on the new telephone system bid. Mr. Andrews says that it is a Centrix system by New England Telephone. It is a system that will support both the City, School, Police and Fire Department.
Unanimous Consent is given to Mr. Lemont to discuss electrical engineering services for the Wastewater Treatment Plant.
Julia Forgue addresses the Council regarding the bid and recommends the bid go to Universal Engineering Corp., which she says although not the low bidder, seems to be the most qualified.
A motion made by Mr. Miranda to approve a bid to Universal Engineering Corp., fails for lack of a second.
Law Department, City Clerk's Office and Police Department
By William J. Conley, Jr., City Solicitor/Valerie A. Perry, City Clerk/Captain William Sloyer
Re: Municipal Court Report
Motion is made by Mr. Lynch, seconded by Mr. Larisa, to defer the report to the next meeting. Motion passes 5-0 on a roll-call vote.
The meeting recesses at 9:50 P.M. and reconvenes at 9:5 P.M. with all Council members present.
Mr. Sullivan makes a motion to accept the Department of Public Works recommendation for the bid for Universal Engineering Corporation. Mr. Larisa seconds, the motion. Mr. Lynch says he will not vote on this because the Council did not have the information prior to tonight.
Roll-Call vote follows:
Mr. Larisa Aye
Mr. Lynch Abstain
Mr. Miranda Aye
Mr. Sullivan Aye
Mayor Grant Aye
Motion passes 4-0-1.
Planning Board
By Peter Poland, Secretary
Re: Amendment of Zoning Ordinance Section 19-156 Minimum Residential Floor Area
Motion made by Mr. Sullivan, seconded by Mr. Larisa to accept the report. Motion passes 5-0.
At the request of Jeanne Boyle, Planning Director, motion is made by Mr. Lynch, seconded by Mr. Larisa, to refer the ordinance for action by the City Council at the next meeting. Motion passes 5-0.
Kenneth Baxter - unspecified amount for property damage - referred to the Law Department
Abington Casualty Insurance Company - unspecified amount for personal injury and property damage - referred to the Law Department
Jeffrey Perry - $168.99 for injuries received while employed by the City - approved
Pending Litigation - City vs. Sons of Italy - subrogation claim - approved
The Claims Committee Report is accepted on motion of Mr. Lynch, seconded by Mr. Miranda and voted 5-0.
(By Mayor Rolland R. Grant)
Street Painting Machine
Mayor Grant addresses the danger caused by improperly painted streets, and requests the City Manager to inquire about renting a street painting machine.
Julia Forgue, Director of Public Works, says she is looking into hiring a private contractor.
Mr. Lemont asks Julie to look into renting a machine to take care of the immediate problems.
(By Councilman Robert D. Sullivan)
Discussion on Missy Manor 10 Willett Avenue
Mr. Sullivan speaks on the conditions at Missy Manor and asks the legal staff to comply with his complaints.
Mr. Conley says that several letters have been sent to the owners, and another notice has recently been sent.
He says he has been informed the premises will be sold through the bankruptcy court. Mr. Conley assures the Council that the issue will not be visited again and apologizes on behalf of the City.
(By Councilman Joseph S. Larisa, Jr.)
1. City Manager Contract
Mr. Larisa responds to an issue brought up by Channel 6 regarding the City Manager's use of a City car and an allegation that City tax dollars are paying for Mr. Lemont's Law School. He says the City does not pay for the school, and as far as Mr. Lemont's use of the car, he does have the use of a City vehicle for private purposes and can take it wherever he wants to. He says it is equipped with a police radio to enable Mr. Lemont to know the status of any incidents or emergencies in the City at any given time. Mr. Larisa says the City Manager should have a contract which would spell out the compensation package.
After further discussion, Mr. Larisa makes a motion to authorize the City Solicitor to draft a contract. Mr. Miranda seconds the motion for discussion.
Mr. Sullivan says he disagrees with Mr. Larisa. He says Mr. Lemont is the Public Safety Director for the City as well as the City Manager and serves at the pleasure of the Council.
Mr. Larisa says a contract would state that the City Manager serves at the pleasure of the Council and would not change any Charter requirements.
Mayor Grant says he does not believe a contract is needed because the Charter outlines the duties of the City Manager.
After further discussion, a roll-call vote on the motion to have the City Solicitor draft a contract for the December 20, 1993 meeting:
Roll-call vote follows:
Mr. Larisa Aye
Mr. Lynch Aye
Mr. Miranda Aye
Mr. Sullivan Aye
Mayor Grant Nay
Motion passes 4-1.
2. PCD Property
Mr. Larisa says he has not made up his mind about the proposed Stop and Shop Center, and is open to any suggestions.
Addendum
3. Senior Citizens Advisory Board
Mr. Larisa makes a motion, seconded by Mr. Sullivan to amend the Senior Citizens Advisory Board Ordinance by adding a representative from R.S.V.P. to the Board. Motion passes 5-0.
(By Councilman Norman J. Miranda)
Charity Ball Update
Mr. Miranda says the Charity Ball will be held on February 19, 1994 at the Holy Ghost Beneficial Brotherhood Club on North Phillips Street. The tickets will be $15 per person. The City Clerk states that the committee has decided that one of the charities will be the establishment of a scholarship for an East Providence student, and organizations and interested parties are asked to send suggestions or requests to the City Clerk for consideration.
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", is amended by adding thereto the following:
Birch Street
(If given first passage, can be referred to December 6, 1993, for hearing)
(Requested by Councilman Norman J. Miranda)
At the request of Mr. Miranda, motion is made by Mr. Lynch, seconded by Mr. Larisa, to defer until a later date. Motion passes on a unanimous roll-call vote.
(By Councilman Joseph S. Larisa, Jr.)
Christmas Display Award Committee
Aldor Cloutier 10 Office Parkway 02914
Millie Pelland 10 Office Parkway 02914
Mr. Larisa receives Unanimous Consent to make an appointment to the Christmas Display Award Committee.
Motion made by Mr. Lynch, seconded by Mr. Miranda, and voted 5-0 to appoint Elizabeth Perry, 14 Breeze Avenue.
Mayor Grant receives Unanimous Consent to make an appointment to the Christmas Display Award Committee. Motion is made by Mr. Lynch, seconded by Mr. Miranda, and voted 5-0 to appoint Hope Caparco, 4 Allerton Avenue and Gordon Hubbard, 644 Warren Avenue. Mayor Grant appoints Mr. Hubbard as Chair of the Committee.
Mr. Miranda receives Unanimous Consent to make an appointment to the Christmas Display Award Committee. Motion made by Mr. Miranda, seconded by Mr. Lynch, and voted 5-0 to appoint Constance Silveira, 338 Warren Avenue and Shirley Miranda, 864 Waterman Avenue.
(By Councilman Robert D. Sullivan)
Special Police Officer
N Robert W. Peterson 165 Terrace Avenue 02915
On motion of Mr. Miranda, seconded by Mr. Sullivan it is unanimously voted to nominate Robert W. Peterson as Police Constable for the term expiring December 1, 1994, subject to conformance with all the rules and regulations.
Christmas Display Award Committee
Dennis Mulervy 22 Grassy Plain Road 02915
Susan Meyer 75 Terrace Avenue 02915
Helena Brochu 14 Harding Avenue 02915
On motion of Mr. Lynch, seconded by Mr. Miranda, it is voted to appoint Dennis Mulervy, Susan Meyer and Helena Brochu to the above Committee.
Building Board of Appeals
Ladd Meyer 75 Terrace Avenue 02915
On motion of Mr. Miranda, seconded by Mr. Lynch, it is voted to appoint Ladd Meyer to the above Board.
In response to a question from Mr. Larisa, Mr. Sullivan says Mr. Meyer is a contractor and meets the requirements of the ordinance.
Mr. Lynch receives Unanimous Consent to make a Special Police Constable appointment.
On motion of Mr. Miranda, seconded by Mr. Sullivan, and voted 5-0 to appoint David Reis, 132 Freeborn Street as Special Police Constable for the term expiring December 1, 1994, subject to conformance with all the rules and regulations.
(By Councilman Joseph S. Larisa, Jr.)
Special Police Officer
N Raymond H. Berry 2 Tanglewood Drive 02915
On motion of Mr. Miranda, seconded by Mr. Sullivan, it is unanimously voted to nominate Raymond H. Berry as Police Constable for the term expiring December 1, 1994, subject to conformance with all the rules and regulations.
(By Councilman Norman J. Miranda)
Special Police Officer
N Mario J. Carneiro 68 Taunton Avenue 02914
On motion of Mr. Sullivan, seconded by Mr. Miranda, it unanimously voted to nominate Mario J. Carneiro as Police Constable for the term expiring December 1, 1994, subject to conformance with all the rules and regulations.
St. Peter's Brotherhood Holy Ghost Society
By Richard D. Marshall, President
Requesting to address the Council regarding the future of St. Peters.
Richard Marshall, 204 State Street, Bristol, Rhode Island, is present and sworn. Mr. Marshall speaks on the status of the St. Peter's Brotherhood license and asks for a public meeting with the neighbors regarding the license.
Mr. Lynch tells Mr. Marshall he is willing to conduct a public meeting, and suggests Mr. Marshall contact the City Clerk to determine what is needed for the application.
CITY OF EAST PROVIDENCE
RHODE ISLAND
DOCKET OF REGULAR COUNCIL MEETING
MONDAY, NOVEMBER 15, 1993
8:00 P.M.
COUNCILMEN
(By Councilman Joseph S. Larisa, Jr.)
3. Senior Citizens Advisory Board - R.S.V.P. Representative
(See Page #1297)
Meeting adjourned 11:00 P.M.
Attest:
Valerie A. Perry
City Clerk
Approved: DEC 06 1993