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, October 18, 1993, and is called to order at eight o'clock P.M. by Mayor Rolland R. Grant.
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 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. Sullivan, and on a roll-call vote, it is voted to approve the Consent Calendar on a 4-0 vote. Mr. Lynch is noted absent for the vote.
APPROVAL OF COUNCIL JOURNALS
Regular Meeting - September 20, 1993
Closed Session - Negotiations - September 20, 1993
Special Meeting - Municipal Court - September 27, 1993
Special Meeting - Budget Hearing - September 27, 1993
Regular Meeting - October 4, 1993
Approved.
Coastal Resources Management Council - Assent Modification
By Grover J. Fugate, Executive Director
Assent No. B91-4-49
Requesting discharge contaminated groundwater after treatment through mobile filtration system; located approximately 125 feet north of Radio Station WRIB. (Timothy C. O'Brien)
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:
Application No. 93-0366D - east to Allison Court, at U.P. No. 3, approximately 260 feet east of its intersection with Sachem Road, A.M. 613, Block 2, Lot 36.10, recorded Lot 4, Barrington, Rhode Island. (Carl A. Winquist)
Received as information.
A Oliver
Application No. 93-0367D - east of Allison Court, at U.P. No. 2, approximately 220 feet east of its intersection with Sachem Road, Map 613, Block 2, Parcel 36.11, recorded Lot No. 3. (Anthony Oliver)
Received as information.
ORDINANCES - Final Passage (Given first passage September 27, 1993)
Advertised - Providence Journal - October 8, 1993
1. ** AN ORDINANCE APPROPRIATING $73,405,466 FOR THE SUPPORT OF THE CITY GOVERNMENT FOR THE FISCAL YEAR ENDING OCTOBER 31, 1994.
CHAPTER NO. 265
The above-entitled ordinance, referred to this time and place for a public hearing and consideration of final passage, is called for hearing.
John DeGoes, Superintendent of Schools, addresses the Council concerning the budget ordinance. He says there is not enough money to run the schools this year and asks the Council to restore some of the $1.9 million the School Committee requested.
Harold Gerstein, 12 Rhodes Avenue, is present and sworn. He speaks on the School Department budget and speaks on privaitzation and consolidation of services.
Dottie Hunter, 32 Beaumont Street, is present and sworn. She speaks against cutting the School Department budget.
Barbara Deacon, 22 Westwood Avenue, is present and sworn. She suggests the Council come up with alternative ways to fund the education of the City.
Wilfrid L. Gates, Jr., 1540 Pawtucket Avenue, is present and sworn. He speaks in favor of the proposed budget.
The Council proceeds to comment on the budget. Mr. Lynch says he will vote against the budget because he feels the City needs a cushion and urges a small increase.
After further discussion, motion is made by Mr. Sullivan, seconded by Mr. Larisa, to approve the proposed budget of $73,405,466.
Roll-call vote follows:
Mr. Larisa Aye
Mr. Lynch Nay
Mr. Miranda Aye
Mr. Sullivan Aye
Mayor Grant Aye
Motion passes 4-1.
2. ** AN ORDINANCE ORDERING THE ASSESSMENT AND COLLECTION OF PROPERTY TAX ON THE RATABLE REAL ESTATE, TANGIBLE PERSONAL PROPERTY AND AN EXCISE TAX ON REGISTERED MOTOR VEHICLES AND TRAILERS.
CHAPTER NO. 266
The above-entitled ordinance, referred to this time and place for a public hearing and consideration of final passage, is called for hearing.
Wilfrid L. Gates, 1540 Pawtucket Avenue, questions the need to borrow funds.
James McDonald, Finance Director, responds to Mr. Gates and says $14 million was borrowed last year for a six month period because the City does not collect taxes until the eighth month of the fiscal year.
On motion of Mr. Larisa, seconded by Mr. Sullivan, and on a roll-call vote with all Council members present and voting, said ordinance is adopted on a 4-1 vote with Mr. Lynch voting Nay.
3. ** AN ORDINANCE AUTHORIZING THE DIRECTOR OF FINANCE TO BORROW FUNDS IN ANTICIPATION OF TAXES.
CHAPTER NO. 267
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. Sullivan, and on a unanimous roll-call vote with all Council members present and voting, said ordinance is adopted.
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."
SECTION I. IN ACCORDANCE WITH SECTION 11-111 ENTITLED "ADOPTION."
CHAPTER NO. 268
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. Miranda, and on a unanimous roll-call vote with all Council members present and voting, said ordinance is adopted.
(Given first passage October 4, 1993)
Advertised - Providence Journal - October 7, 1993
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 prohibit at all times.", is amended by deleting therefrom the following:
Sea View Avenue (south side), from Terrace Avenue to Riverside Drive.
CHAPTER NO. 264
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)
Advertised - East Providence Post - September 23, 1993
Applicant - Down East Brewing Company, Inc.
dba - The Watering Hole
Location - 660 Bullocks Point Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Subject to Health Inspector's approval\
John Chappel, 1282 Greenwich Avenue, Warwick, Rhode Island, is present and sworn and addresses the Council regarding the license. He says the property is currently owned by DEPCO, which has advertised the property for sale. He says an agreement was made by DEPCO that he would apply for a license and lease the property from the buyer.
Mr. Sullivan questions Mr. Chappel about the Down East Brewing Company. Mr. Chappel says it is a Rhode Island Corporation set up by himself. He says at the present time he does not plan to open a Brew Pub but may do so in the future. Mr. Chappel says it will be run as a neighborhood tavern.
Mr. Sullivan says he does not want a liquor establishment in that part of the City that is so close to elderly housing. He says the kitchen has been taken out of the building and there is no guarantee that food will be served.
John Vincent, 3663 Pawtucket Avenue, is present and sworn. Mr. Vincent says if he won the bid from DEPCO and wanted an alcoholic beverage license, he would not be able to obtain it because Mr. Chappel would have it.
After further questions by the Council, motion to deny the license is made by Mr. Sullivan, seconded by Mr. Miranda.
Roll-call vote as follows:
Mr. Larisa Aye
Mr. Lynch Aye
Mr. Miranda Aye
Mr. Sullivan Aye
Mayor Grant Aye
Motion to deny is passed 5-0.
Secondhand Dealers/Antiques
Applicant - Teddy's Treasures Consignment and Collectibles Shop
Location - 25-C Circle Street
Subject to Police Chief's approval
Subject to Building Inspector's approval
Jean Paul Labbe, 164 Courtney Avenue, Pawtucket, Rhode Island, is present and sworn.
On motion of Mr. Lynch, seconded by Mr. Miranda, and on a unanimous roll-call vote with all Council members present and voting, said license is granted subject to all approvals.
Sunday/Holiday Sales
Applicant - Teddy's Treasures Consignment and Collectibles Shop
Location - 25-C Circle Street
Subject to Police Chief's approval
Subject to Building Inspector's approval
On motion of Mr. Lynch, seconded by Mr. Miranda, it is unanimously voted to grant the above license subject to all approvals.
Secondhand/Clothing
Applicant - Morgan Memorial Goodwill Industries, Inc.
dba - Bargain Basement
Location - 66 Newport Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Richard Bowen, 26 Holman Road, Newton, Massachusetts is present and sworn.
On motion of Mr. Lynch, seconded by Mr. Larisa, it is unanimously voted to grant the above license subject to all approvals.
Sunday/Holiday Sales
Applicant - Morgan Memorial Goodwill Industries, Inc.
dba - Bargain Basement
Location - 66 Newport Avenue
Subject to Police Chief's approval
Unanimously granted subject to Police Chief's approval on motion of Mr. Lynch, seconded by Mr. Larisa.
Meeting recesses at 9:15 P.M. and reconvenes at 9:25 P.M. with all council members present.
Victualling/Not over 25 - Class 3 - Transfer
From - Lisa Biliouris
dba - Santoro's
To - Semiao M. Carvalho
dba - Santoro's
Location - 329 Warren Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Subject to Health Inspector's approval\
Semiao M. Carvalho, 230 Sutton Avenue, is present and sworn.
Unanimously granted subject to all approvals on motion of Mr. Miranda, seconded by Mr. Larisa.
Victualling/Not over 25 - Class 3 - Transfer
From - Susan Sanger
dba - Vinnies Place
To - Patricia Medeiros
dba - Octavio's Grill
Location - 321 Warren Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Subject to Health Inspector's approval
Patricia Medeiros, 22 Rice Avenue, is present and sworn.
Unanimously granted subject to all approvals on motion of Mr. Miranda, seconded by Mr. Larisa.
Videos (23) - (Sundays Included)
Applicant - United Skates
Location - 75 New Road
Subject to Police Chief's approval
Subject to Building Inspector's approval
Attorney Dennis Gannon, representing United Skates, addresses the Council on the license.
Daniel Wortmen, 255 Frenchtown Road, East Greenwich, Rhode Island, is present and sworn.
On motion of Mr. Lynch, seconded by Mr. Larisa, it is voted to amend the number of videos to 33 (Making 50 total).
On motion of Mr. Lynch, seconded by Mr. Miranda, it is unanimously voted to grant the license as amended subject to all approvals.
Additional Hours - Transfer
From - Richard Mercier
dba - Richards Shell
To - J. Enterprises, Inc.
dba - East Providence Shell
Location - 501 Warren Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Paul Scrozinski, 14 Hammel Court, Portsmouth, Rhode Island, is present and sworn.
Unanimously granted on motion of Mr. Miranda, seconded by Mr. Sullivan, subject to all approvals.
Sunday/Holiday - Transfer
From - Richard Mercier
dba - Richards Shell
To - J. Enterprises, Inc.
dba - East Providence Shell
Location - 501 Warren Avenue
Subject to Police Chief's approval
Unanimously granted on motion of Mr. Miranda, seconded by Mr. Sullivan, subject to all approvals.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
Requesting Executive Session - Re: Police Negotiations Mr. Lemont's request is moved to the last item on the docket.
CLAIMS COMMITTEE
Claudia Drysdale - $25,000 for personal injury - referred to the Law Department
Althea Laprey - $146.95 for property damage - referred to R.I.D.O.T.
Silva vs. City of East Providence - claim for legal fees - denied
Motion to accept the Claims Committee Report is made by Mr. Miranda, seconded by Mr. Sullivan and voted 5-0.
(By Mayor Rolland R. Grant)
1. Update - Dock at Sabins Point
Mayor Grant asks Julie Forgue to give update - She states that she is waiting for a review from CRMC which could be several months. Ms. Forgue is asked if the location of the dock can be changed, so that it will face north to south instead of east to west.
Mayor Grant asks her to keep the Council updated as to the progress.
2. Update - Benches at Lincoln Park
Mayor Grant says he is awaiting word about the removal of the benches.
3. Almacs Closing - Re: Senior Citizens
Mayor Grant speaks about his concern for Seniors with respect to the closing of Almacs. He refers the matter to the Senior Citizen Advisory Board.
Mayor Grant receives Unanimous Consent regarding an event at the Library and thanks the Library Board of Trustees and Library Director for inviting the Council to witness the dedication of the Community room, donated by the Champlin Foundation. He thanks the Champlin Foundation for helping the City by providing funds.
(By Councilman Gerald R. Lynch)
Municipal Court
Mr. Lynch speaks on the use of the Council Chamber for Municipal court and says the Council needs to look at the real cost of moving the facility somewhere else, other than City Hall. He says the total cost to operate and maintain the Court is needed. He says he would like Mr. Lemont involved with the process.
Mr. Lynch asks for a point of personal privilege and talks about his personal problems with the state sales tax.
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 SECTION I. Article VII entitled "Operation of Vehicles", Subsection 18-224 entitled "Certain trucks restricted on certain streets", by adding thereto the following:
Fenmoor Street
SECTION II. Article IX entitled "Stop Intersections", Subsection 18-269 entitled "Stop and yield intersections designated; when stops required.", is amended by adding thereto the following:
Forest Avenue (southbound traffic), at Prescott Avenue.
SECTION III. Article X entitled "Stopping, Standing and Parking.", Subsection 18-307 entitled "Parking prohibited at all times.", is amended by adding thereto the following:
Goldsmith Avenue (east side), from a point 30 feet north of the northerly line of Woodward Avenue northerly for a distance of 100 feet.
(If first passage given, can be referred to November 1, 1993 for hearing)
(Requested by Director of Public Works)
The above-entitled ordinance is introduced and, on moti of Mr. Miranda, seconded by Mr. Sullivan, 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 on November 1, 1993, for a public hearing and consideration of final passage.
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:
A portion on Parcel 1.1 on Map 604, Block 1 presently located in Residential 5/Cluster; Residential 4 and Residential 3 Districts is here by changed to be included in an Open Space 1 District provided that all requirements and stipulations are met.
(If given first passage, can be referred to November 1, 1993, for hearing)
The above-entitled ordinance is introduced and, on motion of Mr. Lynch, 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 on November 1, 1993, for a public hearing and consideration of final passage.
3. * 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:
A portion of Parcel 1.1 on Map 604, Block 1 presently located in Residential 5/Cluster District, as hereinafter described, is hereby changed to be included in a Residential 2 district provided, however that conditions and stipulations be fulfilled preceding the zone change becoming effective.
(If given first passage can be referred to November 1, 1993 for hearing)
The above-entitled ordinance is introduced and, on motion of Mr. Larisa, seconded by Mr. Miranda, 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 on November 1, 1993, for a public hearing and consideration of final passage.
On motion of Mr. Lynch, seconded by Mr. Miranda, it is unanimously voted to go into Closed Session at 10:12 P.M. to discuss Police Negotiations.
Regular meeting reconvened with all Council members present, and adjourned at 10:45 P.M.
Attest:
Valerie A. Perry
City Clerk
Approved: Nov. 15 1993