CITY OF EAST PROVIDENCE, RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
TUESDAY,
8:00 P.M.
The City Council meets in the Council Chamber on Tuesday, September 7, 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
(Carol Malaga, Woods Reporting, 20 Fifth Street, Providence, Rhode Island, is present to record the proceedings of the public hearings)
TO APPROVE THE CONSENT CALENDAR
On motion of Mr. Lynch, seconded by Mr. Miranda, and on a roll-call vote with all Council members present and voting, it is voted to approve the Consent Calendar.
APPROVAL OF COUNCIL JOURNALS
Regular Meeting - August 16, 1993
Unanimously approved.
Coastal Resources Management Council - Cease and Desist
By Charles Brown, Wildlife Biologist
Cease & Desist Order No. 1351-93
Undertaken dumping of creosote timbers and debris in and adjacent to a coastal wetland and renovations to an existing dwelling; property located at Map 412, Block 16, Parcel 8, 94 Cozzens Avenue, without benefit of a CRMC assent. (Mark and Barbara Ballou)
Received as information.
Coastal Resources Management Council
File No. 93-8-28
Requesting to construct and maintain: partially "as built", fence structure, additional fence structures and associated filling and grading adjacent to coastal feature. (John E. & Margaret M. Claven)
Received as information.
Coastal Resources Management Council
By Grover J. Fugate, Executive Director
File No. 93-8-57
FINDING OF NO SIGNIFICANT IMPACT
Requesting to construct foundation for existing dwelling, located at, Plat Map 414, Block 4, Parcel 12; 242 Terrace Avenue. (Martha Deamley)
Received as information.
Coastal Resources Management Council
Gregory Baribault, Permitting Staff
File No. 93-8-56
FINDING OF NO SIGNIFICANT IMPACT
Requesting to replace doors, windows and siding, located at; Plat Map 414, Block 18, Parcel 2; 213 Terrace Avenue. (Steven & Susan Clemens)
Received as information.
Licenses
(Permission to advertise)
Alcoholic Beverage License Class B Limited - Victualer
Applicant - IslandCafe, Inc.
dba - IslandCafe
Location - 158 Roger Williams Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Subject to Health Inspector's approval
Granted.
Certificate of award for outstanding bravery presented to George Chipman.
Certificate of award for heroic action presented to Jeffrey Brissette and Amy Dorosko.
Accepted.
Unanimous Consent is given to change the order of business.
Mr. Lemont makes the following announcements:
The Mobil Corporation is going to grant $23,000 to the City for the purchase of a van to be used by Self Help.
The Coast Guard Administrative offices will be moving to East Providence.
Mr. Lemont proceeds to present the proposed 1993-1994 budget to the City Council. He states that the total spending will be $73,405,000, but there will be no tax increase, due to State aid to both the School Department and the City, as well as a project surplus to the School Department.
ORDINANCES - Final Passage - (Given first passage July 19, 1993)
Advertised - Providence Journal - August 19, 1993)
1. * AN ORDINANCE IN AMENDMENT OF CHAPTER 8 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "LICENSES AND BUSINESS REGULATIONS.", as amended is amended to read as follows:
SECTION I.
LICENSES, BUSINESS REGULATIONS AND FEES
SECTION II. is amended by adding thereto the following:
ARTICLE XIX. LAND USE AND DEVELOPMENT FEES
Sec. 8-435 Zoning Fees
(Requested by Planning Board)
CHAPTER NO. 252
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. Lynch, and on a unanimous roll-call vote with all Council members present and voting, said ordinance is adopted.
(Given first passage August 16, 1993)
Advertised - Providence Journal - August 19, 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.", by adding thereto the following:
Glenwood Avenue (east side), from Centre Street northerly for a distance of 150 feet.
CHAPTER NO. 253
(Requested by Director of Public Works)
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 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 Article IX entitled "Stop intersections", Subsection 18-269 entitled "Stop and yield intersections designated; when stops required.", by adding thereto the following:
Abbott Street (northbound and southbound traffic), at its intersection with Humphrey Street.
(Requested by Councilman Norman J. Miranda)
CHAPTER NO. 254
Julia Forgue, Public Works Director, states that the ordinance is incorrect and should read "Humphey Street at the intersection with Abbott Street."
Motion is made by Mr. Lynch, seconded by Mr. Miranda, to approve as amended. Motion passes unanimously on a rollcall vote.
4. ** 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:
Oxford Street
CHAPTER NO. 255
(Requested by Councilman Norman J. Miranda)
The above-entitled ordinance, referred to this time and place for a public hearing and consideration of final passage, is called for hearing.
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.
5. ** AN ORDINANCEINANCE 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 thereto the following:
Fort Street (eastbound and westbound traffic), at Seventh Street.
(Requested by Councilman Norman J. Miranda)
CHAPTER NO. 256
The above-entitled ordinance, referred to this time and place for a public hearing and consideration of final passage, is called for hearing.
On motion of Mr. Larisa, seconded by Mr. Miranda, and on a unanimous roll-call vote with all Council members present and voting, said ordinance is adopted.
6. * AN ORDINANCE IN AMENDMENT OF CHAPTER 2 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "ADMINISTRATION.", which amends SECTION I. DIVISION 2. Carousel Park Commission, Section 2-52. entitled "Membership; appointment of members.", SECTION II. Section 2-53 entitled "Compensation; terms; vacancies removal of members.
CHAPTER NO. 257
(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.
Mr. Larisa asks how the terms will be decided.
Mr. Conley states that the terms were given as the appointments were made, i.e., the first appointment got the longest term, the seconded, the second longest, etc. He says the only alternative would be to specify in the ordinance the order of the appointment.
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.
7. ** 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:
Pershing Street (eastbound traffic), at Clemenceau Street.
(Requested by Director of Public Works)
CHAPTER NO. 258
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 unanimous roll-call vote with all Council members present and voting, said ordinance is adopted.
LICENSES
ALCOHOLIC BEVERAGE LICENSE - Class B Full Privilege (Victualer) Transfer
Advertised - East Providence Post - August 19 & 26, 1993
From - Uncle Tony's of Newport Avenue, Inc.
To - Nadia, Inc.
dba - Uncle Tony's Pizza & Pasta
Location - 141 Newport Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Subject to Health Inspector's approval
At the request of the applicant, motion to postpone to the next meeting is made by Mr. Lynch, seconded by Mr. Sullivan, and unanimously voted on a roll-call vote.
NOTE:
Above license - new application will be corrected at next meeting, September 20, 1993.
Victualling/Not over 25
Applicant - D & M Ribeiro, Inc.
dba - Prendergast Variety
Location - 127 Waterman Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Subject to Health Inspector's approval
D. Riberio, 209 Franklin Street, Bristol, Rhode Island, is present and sworn. Application approved on a motion by Mr. Miranda, seconded by Mr. Sullivan, and unanimously voted.
Sunday/Holiday Sales Till 1:00 P.M. - Transfer -
Location only
Applicant - Standard Hardware, Inc.
From - 214 Taunton Avenue
To - 360 Taunton Avenue
Approved - Chief of Police
Approved - Building Inspector
George Labreque, Cranston, Rhode Island, is present and sworn. Application approved on a motion made by Mr. Miranda, seconded by Mr. Lynch, and unanimously voted.
Victualling/Not over 50 - Transfer
From - Peter Tsaoussis
dba - Rhodes Pizza
To - Andrey Gurvich
dba - Rhodes Pizza
Location - 3736 Pawtucket Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Subject to Health Inspector's approval
Andrey Gurvich, 135 Fourth Street, Providence, Rhode Island, is present and sworn.
Unanimously granted subject to all approvals, on motion of Mr. Sullivan, seconded by Mr. Larisa.
Victualling - Class 3/Not over 25 - Transfer
From - Nancy & Paul Chantre
dba - Stacey's
To - IslandCafe, Inc.
dba - IslandCafe
Location - 158 Roger Williams Avenue
Subject to Chief of Police approval
Subject to Building Inspector's approval
Subject to Health Inspector's approval
Jose Vieira, 21 Church Street, is present and sworn. Application is approved on a motion by Mr. Lynch, seconded by Mr. Miranda, and unanimously voted.
Victualling - Class 3/Not over 25 - Transfer
From - Express Mart
To - Stop 'N' Save Convenience Stores, Inc.
Location - 327 Warren Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Subject to Health Inspector's approval
Khalid Siddique, 825 Pontiac Avenue, Cranston Rhode Island, is present and sworn. Application is approved on a motion by Mr. Miranda, seconded by Mr. Sullivan, and unanimously voted.
Sunday/Holiday Sales - Transfer
From - Jan M. & Henryka Kukowski
dba - Express Mart
To - Stop 'N' Save Convenience Stores, Inc.
Location - 327 Warren Avenue
Subject to Police Chief's approval
Unanimously granted subject to all approvals, on motion of Mr. Miranda, second by Mr. Sullivan.
Sunday/Holiday Sales
Applicant - Forbes Square Florist
Location - 1235 Wampanoag Trail
Subject to Police Chief's approval
James Tavares, Jr., 11 Addy Drive, Bristol, Rhode Island, is present and sworn.
Unanimously granted subject to Police Chief's approval, on motion of Mr. Sullivan, seconded by Mr. Lynch.
Intro of Proposed 1993-1994 Budget See Pg 1222 of Sept 7, 1993 Journal
Introduction of Proposed 1993-1994 Budget
(See page 1222 of September 7, 1993 Journal)
Purchasing Department
By John M. Andrews, Purchasing Agent
Requesting that the City Council approve the award of a five (5) year contract to Business Records Corporation for the recording and indexing of Land Evidence Records, including an on-line retrieval and cash control system, per the attached bid tabulation.
Unanimously approved on motion of Mr. Lynch, seconded by Mr. Larisa.
City Clerk
1. * Renewal of Alcoholic Beverage License
Requesting authorization be granted to advertise renewal applications for subject licenses for a public hearing at the first Council meeting in November (November 1, 1993)
Unanimously approved on motion of Mr. Lynch, seconded by Mr. Larisa.
2. * Renewal of Annual Licenses
Requesting authorization be granted to renew subject licenses, excluding alcoholic beverage licenses, for year commencing December 1, 1993, upon application by licensee and approval by Police Chief and, as required, by Health Inspector and other City Officials; and requesting also to be advised of any licenses to be deferred or withheld from the renewal process.
Unanimously approved on motion of Mr. Lynch, seconded by Mr. Miranda.
Planning Department
By Jeanne Boyle, Planning Director
Re: Municipal Land Trust and Private Land Trust
Jeanne Boyle, Planning Director, addresses the Council on the Land Trusts.
Mr. Lynch states for the record that the Council supports both the municipal and private land trusts.
Council consent is given to allow William Simpson, 194 Don Avenue, President of the Private Land Trust, to address the Council. Mr. Simpson asks for a tax exemption for Brigham Farm property with a sale price in excess of $500,000.
After further discussion, motion is made by Mr. Lynch, seconded by Mr. Miranda, to allow the tax exemption. Motion passes 5-0.
Meeting recesses at 9:05 P.M. and reconvenes at 9:15 P.M.
Amica Mutual Insurance Company - subrogation claim for property damage - deferred pending receiving further information.
Nancy Kiley - $50,000 for violation of her civil rights regarding Richmond Point fracas - referred to the Law Department.
Pending Litigation - Kelly & Picerne vs. City of East Providence - deferred action to next meeting pending further information.
Miscellaneous matters - claim by the City against Ames Department store - settlement was agreed upon.
Motion to approve the Claims Committee Report made by Mr. Miranda, seconded by Mr. Sullivan, and so voted.
(By Councilman Robert D. Sullivan)
1. Reconstruction of Willett Avenue
Mr. Sullivan reports on a meeting he held with Riverside residents regarding concerns about the Willett Avenue/Bullocks Point Avenue areas. He says the State wants to eliminate the rotary at Willett Avenue/Crescent View Avenue/Metropolitan Park Drive, but he believes it should stay as it is. He proposes that one person from the Planning Board meet with area residents to determine if they want a traffic light. He urges concerned citizens to send him a post card and to share their viewpoints.
2. Richmond Point Fracas
Mr. Sullivan passes on the item.
3. Requesting that East Providence send a delegation to help celebrate the 350th Anniversary of the Town of Rehoboth, MA
Mr. Sullivan suggest a letter of congratulations be sent to the town of Rehoboth on their 350th Anniversary and to contact the High School to send the band, along with a delegation from the City.
Mr. Miranda asks that the East Providence School Department be included in the delegation.
(By Councilman Joseph S. Larisa, Jr.)
1. School Committee's $40,000 line item for Outside Attorney Fees. Request for Ethics Commission Advisory Opinion on Enforceability of Charter
(Deferred from September 7, 1993)
Mr. Larisa explains that the item refers to the outside legal counsel that the School Department hires, and says that the City Charter is clear in that the City Solicitor is the legal counsel for all City Departments, including the School Department. The discussion is deferred to the September 20th meeting.
2. The School Committee Budget and the crisis in Educational Funding---Source or Allocation?
Mr. Larisa questions the increase in the School Department's budget. He urges the School Committee to fight mandates.
3. Council Selection of Municipal Court Judge and Clerk
Motion is made by Mr. Larisa, seconded by Mr. Lynch, to choose the Judge and Clerk of the Municipal Court by full Council consent.
Mayor Grant questions whether the motion is in order.
A recess is called at 9:45 P.M. to allow the City Solicitor to review the Rules of Procedure.
Meeting reconvenes at 9:55 P.M.
Mr. Conley rules that the motion is in order.
Roll-call vote is taken on the motion:
Mr. Larisa Aye
Mr. Lynch Aye
Mr. Miranda Nay
Mr. Sullivan Nay
Mayor Grant Nay
The motion is denied on a 2-3 vote.
4. Loophole in Open Meetings Law
Mr. Larisa's docketed item evolves in a discussion regarding a party given by Councilman Sullivan where three Councilmen were in attendance. The Councilmen deny discussing public business. After further discussion, Mr. Lynch asks for a point of order. Mayor Grant rules the discussion out of order and the discussion ends.
5. Request for study of Riverside Square/Bike Path Intersection
Mr. Larisa asks the Public Works Director to check the area to see if a "no Turn on Red" sign is warranted.
City Solicitor Conley, reads from the Rules of Procedure regarding Mr. Larisa's request to respond to Mr. Sullivan's comments.
Mr. Larisa makes a motion to rescind the point of order. There is no second and the motion dies.
Mr. Larisa leaves the meeting at 10:20 P.M.
6. Attorney Fees Claim
Deferred.
(Deferred from September 7, 1993)
Mr. Lynch receives Unanimous Consent and says the behavior of the Council tonight has got to be curtailed in the future and asks the Mayor to stop it.
Mayor Grant receives Unanimous Consent to set the date for the budget hearing. The hearing will be held on September 27, 1993 at 7:30 P.M., with an alternate date of September 28, 1993 at 7:30 P.M.
1. * RESOLUTION EXTENDING CONGRATULATIONS TO THE TOWN OF REHOBOTH IN HONOR OF THEIR 350th ANNIVERSARY.
RESOLVE NO. 24
(Requested by Joseph S. Larisa, Jr.)
The above-entitle resolution is introduced and, on motion of Mr. Lynch, seconded by Mr. Sullivan, and on a roll-call vote 4-0, is adopted. Mr. Larisa is noted absent.
2. * RESOLUTION TO REDUCE THE SPEED LIMIT TO 30 MPH ON WARREN AVENUE BETWEEN PAWTUCKET AVENUE AND HIGHLAND AVENUE IN THE CITY OF EAST PROVIDENCE.
(Requested by Mayor Rolland R. Grant)
Mayor Grant requests radar patrols be put back on Rt 6.
RESOLVE NO. 25
The above-entitled resolution is introduced and, on motion of Mr. Lynch, seconded by Mr. Miranda and on a roll-call vote 4-0, is adopted. Mr. Larisa is noted absent.
3. * RESOLUTION REQUESTING THAT THE WAMPANOAG TRAIL BRIDGE, STATE BRIDGE NO. 477, BE NAMED IN HONOR OF THE FIVE AMARAL BROTHERS OF THE CITY OF EAST PROVIDENCE.
(Requested by Mayor Rolland R. Grant)
RESOLVE NO. 26
The above-entitled resolution is introduced and, on motion of Mr. Lynch, seconded by Mr. Miranda, and on a roll-call vote 4-0, is adopted. Mr. Larisa is noted absent.
4. * RESOLUTION REQUESTING LEGISLATION TO CHANGE THE DATES FOR DECLARATION OF CANDIDACY IN THE CITY OF EAST PROVIDENCE.
(Requested by Shelia E. Stringfellow, Clerk)
(Canvassing Authority)
RESOLVE NO. 27
The above-entitled resolution is introduced and, on motion of Mr. Lynch, seconded by Mr. Miranda, and on a roll-call vote 4-0, is adopted. Mr. Larisa is noted absent.
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 18-311 entitled "Same--Sixty minutes.", by adding thereto the following:
Warren Avenue (south side) from Fifth Street easterly for a distance of one hundred (100') feet.
(If given first passage, can be referred to September 20, 1993 for hearing)
(Requested by Traffic Engineer)
The above-entitled ordinance is introduced and, on motion of Mr. Miranda, seconded by Mr. Sullivan, and on a roll-call vote 4-0, is given first passage and referred to the next regular Council meeting to be held on September 20, 1993, for a public hearing and consideration of final passage. Mr. Larisa is noted absent.
2. * AN ORDINANCE IN AMENDMENT OF CHAPTER 10 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "NUISANCES.", which amends Sec. 10-52 entitled "Musical instruments, etc.---Playing so as to disturb the peace."
(If given first passage can be referred to September 20, 1993, for hearing)
(Requested by Councilman Robert D. Sullivan)
The above-entitled ordinance is introduced and, on motion of Mr. Sullivan, 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 September 20, 1993, for a public hearing and consideration of final passage. Mr. Larisa is noted absent.
(Mayor Rolland R. Grant)
Senior Citizen's Advisory Board
1. Louise King 35 Greenwich Ave 02914
2. Marge Babbitt 90 Forbes Street 02915
3. Edna Snow 128 Allerton Ave 02914
(By Councilman Norman J. Miranda)
Senior Citizens' Advisory Board
Susan Butler 54 Blanding Avenue 02914
(By Councilman Gerald R. Lynch)
Senior Citizens' Advisory Board
Millie Pelland 10 Office Parkway 02914
(By Councilman Joseph S. Larisa, Jr.)
Senior Citizen's Advisory Board
Claire McGroarty 126 Roger Wms Ave 02914
All appointments to the Senior Citizen's Advisory Board is made on one motion by Mr. Sullivan, seconded by Mr. Miranda and passed on a 4-0 vote. Mr. Larisa is noted absent.
Special Police Officer
N Richard Realjo 52 Russell Avenue 02914
Mr. Miranda receives Unanimous Consent to nominate Richard Realjo as a Special Police Officer.
On motion of Mr. Miranda, seconded by Mr. Sullivan, it is voted 4-0 to nominate the above as a Special Police Officer for the term expiring December 1, 1994, subject to conformance with all the rules and regulations.
Meeting adjourned at 10:45 P.M.
Attest:
Valerie A. Perry
City Clerk
Approved: OCT 04 1993