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, September 20, 1993, and is called to order at 8:00 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
(Claudia Merandi, Woods Reporting, 20 Fifth Street, Providence, Rhode Island, is present to record the proceedings of the public hearings)
Invocation is given by Councilman Robert D. Sullivan.
Salute to the Flag is led by Mayor Rolland R. Grant.
TO APPROVE THE CONSENT CALENDAR
On motion of Mr. Miranda, seconded by Mr. Larisa, and on a unanimous roll-call vote with all Council members present and voting, it is voted to approve the Consent Calendar.
Department of Environmental Management
By Charles A. Horbert, Supervisor for Applicants
Submitting the following Fresh Water Wetland
Applicability Determination:
#93-0391D - east of Council Way, north of Almedia Avenue, U.P. 9 through 10, south of Commercial Way, A.P. 506, Block 3, Lots 11.0, 11.1 and 11.2.
Received as information.
Bishop Hickey Council Knights of Columbus
Requesting a handicapped parking space adjacent to the Council home on Viola Avenue.
(Referred to the Director of Public Works)
Cancellations/Abatements
City Assessor requesting cancellation of taxes as follows:
Year Amount
1991 $ 36.34
1993 1,283.92
Approved.
APPROVAL OF COUNCIL JOURNALS
Closed Session - Negotiations - August 16, 1993
Unanimously approved.
(Permission to advertise)
Alcoholic Beverage License - Class B-Full Privilege
(Victualer)
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
(Can be referred to October 18, 1993)
Unanimously granted.
Lincoln Ave Pk
A Public Hearing to consider changing the use of the Lincoln Avenue Park from active to passive recreation.
Mayor Grant says in order to remove the benches at Lincoln Avenue Park, a public hearing must be held.
The following residents are sworn in and speak in favor of the bench removal:
Daphne Phillips, 44 Lincoln Avenue
Nancy McDonald, 43 Maple Avenue
Laurie Simpson, 45 Maple Avenue
Armando Medeiros, 118 Bluff Street, is sworn in and commends the women for their efforts but says the proposed modifications of the park will still be a potential source of problems in the future. He say that the problem stems from the fact that the community's youth have no where to go and recommends forming a committee to research the City wide problem.
After further discussion, motion to remove the benches is made by Mr. Larisa, seconded by Mr. Sullivan, and so voted.
Finance Department
By James McDonald, Finance Director
Budget Hearing - Review of the 1993-94 Proposed Budget as advertised (Note - discussion on this topic will be deferred until 7:30 P.M. September 27, 1993)
On motion of Mr. Larisa, seconded by Mr. Sullivan, and on a unanimous roll-call vote with all Council members present and voting, it is voted to defer this matter to a special meeting to be held on September 27, 1993.
1. *
REZONING - R-5/Cluster, R-4, R-3 to District 01
(See attached addendum)
PETITIONER - Court Street Holdings, Inc.
Attorney - Anthony J. Bucci, Jr.
Lot - Map 604, Block 1, Parcel, portion of Parcel 1.1 (B) as shown on Plan submitted.
Area - approximately 19 acres
Location - Easterly boundary of premises bordering on the westerly boundary of James V. Turner Reservoir.
Advertised - Providence Journal - September 2, 9, & 16, 1993
Notices sent by certified mail - September 7, 1993
*
Planning Board
The Board voted unanimously to recommend approval of the rezoning request subject to all conditions and stipulations.
Richard A. Licht, with offices at 1 Park Row, Providence, Rhode Island, representing the petitioner, addresses the Council.
Sarah K. Abrams, Vice President of Court Street Holding Inc. is present and sworn. Ms. Abrams outlines the background of the bank's involvement with the property. She says the East Providence Land Trust contacted the bank about acquiring the property for Open Space but were not able to meet the bank's requirements in terms of the amount of money the bank was asking for. She says that after a number of months, Christopher Morra called the bank and asked if a single piece of property could be sold. A proposal was drawn up with Mr. Morra and the Land Trust to preserve the bulk of the property and which would satisfy the bank's monetary requirements. She says that 95 percent of the property will remain as open space, and asks the Council's support of the plan.
Mr. Sullivan questions whether the property was advertised and what the sale price was.
Mr. Licht says it is unusual for sales agreements to be given to a City Council, but says he will put it on record that the sale price was $150,000 for Mr. Morra and $600,000 for the Land Trust.
Mr. Licht asks the Council to look at the two petitions together and says that it is crucial that they be passed in one motion, because it could pose legal problems if one was denied.
Mr. Conley states that each petition must be heard separately and have separate votes.
Frances Trafton, 15 Jay Street, Chairperson of the East Providence Land Trust, is present and sworn. She reads a prepared statement from the East Providence Land Trust in support of the rezoning petition.
Tom West, 149 Terrace Avenue, is present and sworn. Mr. West speaks about the property's potential tax revenue and says it is not an appropriate time to reduce the tax base.
John Vincent, 3663 Pawtucket Avenue, is present and sworn. Mr. Vincent asks about the parking situation at the site. Ms. Boyle states that D.E.M. has permitted the Land Trust to put in a small parking lot.
David Kelleher, 36 Riverside Drive, a member of the East Providence Conservation Trust, is present and sworn and speaks in favor of the rezoning.
Nancy Moore, 14 Josephine Avenue, is present and sworn and speaks on open space.
Mayor Grant questions whether someone could buy land in the future and is told that if the Land Trust goes defunct the land would be given to another group.
After further discussion, motion to approve the rezoning with the conditions from the Planning Board is made by Mr. Lynch, seconded by Mr. Larisa with an amendment that the condition that the property be acquired by the Land Trust be eliminated such that this will become open space regardless of who eventually acquires the property. Motion passes unanimously on a roll-call vote.
Meeting recesses at 9:20 P.M. and reconvenes at 9:30 P.M. with all Council members present.
2. *
REZONING - R-5/Cluster to District R-2
PETITIONER - Christopher P. Morra
Court Street Holdings, Inc.
Attorney - James M. Sloan III
Lot - Map 604, Block 1, Parcel, portion of Parcel 1.1 (A) as shown on Plan submitted.
Area - 2.86 acres
Location - Westerly portion of the Parcel borders generally on Parcel 1.
Advertised - Providence Journal - September 2, 9, ^ 16, 1993
Notices sent by certified mail - September 7, 1993
*
Planning Board
By Peter Poland, Secretary
The Board voted unanimously to recommend approval of the rezoning request subject to all conditions and stipulations.
Planning Board - September 15, 1993
By Peter Poland, Secretary
Brigham Farm - Conservation Easement - Map 604, Block 01, Parcel 1.1
James Sloan, representing the petitioner, addresses the Council. Mr. Sloan asks that the record of the prior hearing be incorporated in this hearing.
Christopher P. Morra, 212 Cross Street, Seekonk, Massachusetts is present and sworn. Mr. Morra answers questions from Mr. Sloan regarding the petition.
The recommendations of the Planning Board will become part of the record.
James M. Sloan IV, 170 Westminster Street, Providence, Rhode Island, is present and sworn. Motion Made by Mr. Miranda, seconded by Mr. Larisa, to accept the qualifications of Mr. Sloan as an expert witness.
The following speak in favor of the petition:
Frances Trafton, 15 Jay Street
David Kelleher, 36 Riverside Drive
After discussion, motion to approve is made by Mr. Lynch, seconded by Mr. Miranda, and unanimously voted on a rollcall vote.
3. *
SUBDIVISION OF LAND - Preliminary Plans
PETITIONER - Varkis A. Markarian
Plat Title - Sunnybrook Estates
Assessor's Lot - Map 511, Block 2, Parcel, 49.02
Area - 3.82 acres
Location - West of Plum Road
Notices sent by certified mail - September 7, 1993
*
Planning Board
By Peter Poland, Secretary
Recommending deferral for further review of drainage and environmental concerns.
Paul Dupont, 35 Plum Road, is present and sworn. Mr. Dupont says that he is upset because the petitioner is not present. He is told that the Planning Board has asked for deferral while awaiting environmental and drainage test results.
(Given first passage, August 16, 1993)
Advertised - Providence Journal - August 19, 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:
Humphrey Street (northbound and southbound traffic) at its intersection with Abbott Street.
(Requested by Councilman Norman J. Miranda)
CHAPTER NO. 254
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.
(Given first passage September 7, 1993)
Advertised - Providence Journal - September 13, 1993
2. ** AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, PHODE 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.
(Requested by Traffic Engineer)
CHAPTER NO. 259
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.
3. ** 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 Section 10-52 entitled "Musical instruments, etc.--Playing so as to disturb the peace."
(Requested by Councilman Robert D. Sullivan)
CHAPTER NO. 260
The above-entitled ordinance, referred to this time and place for a public hearing and consideration of final passage, is called for hearing.
Peter Monsoratt, Willett Avenue, is present and sworn and speaks in favor of the ordinance and asks that it be enforced.
On motion of Mr. Miranda, seconded by Mr. Lynch, and on a unanimous roll-call vote with all Council members present and voting, said ordinance is adopted.
Law Department
By William J. Conley, Jr., City Solicitor
Public Hearing - Pursuant to R.I.G.L. 45-16-7
Re: Joseph M. Traficante
Mr. Conley asks for a deferral of the matter until the next Council meeting, scheduled for October 4, 1993.
Motion to defer is made by Mr. Lynch, seconded by Mr. Larisa, and unanimously voted on a roll-call vote.
LICENSES
ALCOHOLIC BEVERAGE LICENSE - Class B - Full Privilege
(Victualer)
Applicant - 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
(Deferred from September 7, 1993)
The City Clerk informs the Council that the applicant has withdrawn and may reapply at a future date.
Secondhand/Antiques
Applicant - Jeanne Linacre
dba - Amy Jeanne's Fashion Box
Location - Forbes Square - 1235 Wampanoag Trail
Subject to Police Chief's approval
Subject to Building Inspector's approval
Subject to Zoning Officer's approval
Jeanne Linacre, 30 Constitution Street, Bristol, Rhode Island, is present and sworn. After answering questions from the Council, motion to approve is made by Mr. Sullivan, seconded by Mr. Miranda, and unanimously voted on a roll-call vote.
Meeting recesses at 10:00 P.M. and reconvenes at 10:07 P.M. with all Council members present.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
Sewer line extension to service Hayward Place
Petitioners: Edward M. Adams - 1 Hayward Place
Roderick S. O'Connor - 3 Hayward Place
Charles T. Burleson - 7 Hayward Place
Roderick S. O'Connor, 3 Hayward Place, East Providence, is present and sworn and addresses the Council. Motion is made by Mr. Lynch, seconded by Mr. Larisa, to refer the matter to Mr. Lynch, the City Manager and Public Works Director, and they will report back. Motion passes 5-0.
Requesting Executive Session - Police Negotiations
Motion is made by Mr. Larisa, seconded by Mr. Lynch, to move the request by the City Manager for Executive Session to the last order of business. Motion passes 5-0.
Law Department/City Clerk's Office
By William J. Conley, Jr., City Solicitor
Valerie A. Perry, City Clerk
Report on Municipal Court
The report on the Municipal Court was unanimously accepted on motion of Mr. Lynch, seconded by Mr. Miranda.
CLAIMS COMMITTEE
Amica Mutual Insurance - unspecified amount - referred to Tedesco Construction Company
Jenny Kline - $104.77 for property damage - referred to R.I.D.O.T.
Health Haven Nursing Center - $350 property damage to a wall - approved
Mark Ducharme - $363.53 - personal injury - approved
Cheryl Ann Leonard - property damage - denied
Amica Mutual Insurance - $299.53 - subrogation claim - approved
Pending Litigation:
Kelly & Picerne vs. City of East Providence - collection of tax appeal cases - deferred
Kelly & Picerne vs. City of East Providence - regarding issuance of building permit - received as information
Silva vs. City of East Providence - appeal of an award by Federal district Court - both parties have filed brief
Motion to approve the Claims Committee report is made by Mr. Larisa, seconded by Mr. Lynch, and unanimously voted.
(By Councilman Norman J. Miranda)
Requesting a joint meeting with the City Council and School Committee re: Bentley Street and Warren Avenue properties.
Mr. Miranda states he would like the opportunity to sit down with the School Committee to try and work out something between the School committee and the City Council regarding Bentley Street garage. He asks that Mr. Lemont and Julie Forgue attend the meeting.
Mayor Grant asks Mr. Miranda if he can wait until after November 1st.
Mr. Miranda says he will.
Mr. Sullivan speaks on the need of classroom space in the Riverside area and suggests the Administration Building be moved to the Tristam Burges School, and convert the building back to a school.
Motion is made by Mr. Larisa, seconded by Mr. Sullivan, to arrange a meeting with the School Committee after November 1st. Motion passes 5-0.
(By Councilman Joseph S. Larisa, Jr.)
1. Response to Councilman Sullivan and Councilmen's Comments
Mr. Larisa responds to Mr. Sullivan's and the Councilmen's comments made at the last Council meeting.
2. 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 requests the item be deferred to the Budget Hearing.
3. Attorney Fees Claim (Deferred from September 7, 1993)
Deferred to the next Council meeting.
A RESOLUTION ASKING THE GOVERNOR TO CONSIDER REDUCING THE SALES TAX.
RESOLVE NO. 29
(Requested by Mayor Rolland R. Grant)
Mayor Grant speaks on the resolution.
Mr. Lynch states that Representative Lynch introduced a bill to reduce the sales tax this past year. Mr. Lynch says that any resolution from any city and town is a help.
Motion to adopt the resolution is made by Mr. Lynch, seconded by Mr. Larisa and unanimously voted. A copy of the resolution will be sent to all 39 cities and towns.
Unanimous Consent is given to Mayor Grant to update the Council on the Rehoboth parade, which will be held on October 3, 1993 with an assembly time of 12:45 P.M.
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 18-307 entitled "Parking prohibited at all times.", by adding thereto the following:
Somerset Avenue (west side), from Burnside Avenue northerly approximately 300 feet to the south property line of Delle Femine Field Playground.
(If given first passage, can be referred to October 4, 1993, for hearing)
(Requested by Director of Public Works)
The above-entitled ordinance is introduced and, on motion of Mr. Lynch, 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 regular Council meeting to be held October 4, 1993, for a public hearing and consideration of final passage.
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 Section I. Subsection 18-269 entitled "Stop and yield intersections designated; when stops required.", by adding thereto the following:
Willow Street (northbound and southbound traffic), at its intersection with North Street.
(If given first passage, can be referred to October 4, 1993, for hearing)
(Requested by Director of Public Works)
The above-entitled ordinance is introduced and, on moti 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 October 4, 1993, for a public hearing and consideration of final passage.
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 X entitled "Stopping, Standing and Parking," Subsection 18-315 entitled "Reserved parking designated--Handicapped parking.", by adding thereto the following:
Arcadia Avenue, south side, in front of house number 22, from a point 320 feet east of Campbell Avenue - Arcadia Avenue intersection easterly for a distance of 35 feet.
(If given first passage, can be referred to October 4, 1993, for hearing)
(Requested by Director of Public Works)
The above-entitled ordinance is introduced and, on motion of Mr. Lynch, 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 October 4, 1993, for a public hearing and consideration of final passage.
Special Police Officer
(By Mayor Grant)
N Virgil Ritz 90 Village Drive 02915
On motion of Mr. Miranda, seconded by Mr. Lynch, it is unanimously voted that Virgil Ritz be nominated as a Special Police Officer for the term expiring December 1, 1994, subject to conformance with all the rules and regulations.
Library Board of Trustees
(By Mayor Grant)
Henry Caparco 4 Allerton Avenue 02914
On motion of Mr. Lynch, seconded by Mr. Larisa, and on a unanimous vote, Henry Caparco is appointed to the above Board.
Carousel Commission
(By Mayor Grant)
Michael Reynolds 41 Barnsdale Road 02914
On motion of Mr. Lynch, seconded by Mr. Sullivan, it is unanimously voted to appoint Michael Reynolds to the above Commission.
Carousel Commission
(By Councilman Sullivan)
Linda Jean McEntee 134 Terrace Avenue 02915
On motion of Mr. Sullivan, seconded by Mr. Larisa, it is unanimously voted to appoint Linda Jean McEntee to the above Commission.
Mr. Sullivan receives Unanimous Consent and commends Bill Watson for his dedication and work at the traffic Island on Willett Avenue.
Motion is made by Mr. Lynch, seconded by Mr. Larisa, to go into Executive Session to discuss negotiations. Motion passes 5-0 and the meeting is recessed to Executive Session at 10:40 P.M.
The meeting reconvenes at 10:50 P.M. and adjourns at 10:50 P.M.
Attest:
Valerie A. Perry
City Clerk
Approved: OCT. 18 1993