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, August 15, 1994, 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 ) Council Members
Norman J. Miranda )
Robert D. Sullivan )
Paul E. Lemont ) City Manager
William J. Conley, Jr. ) City Solicitor
Valerie A. Perry ) City Clerk
(Tracy Simoneau, 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.
TO APPROVE THE CONSENT CALENDAR
At the request of Mr. Sullivan, two items are removed from the Consent Calendar. On motion of Mr. Larisa,
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.
Motion is made by Mr. Lynch, seconded by Mr. Larisa, to defer for further study the Consent Calendar items from
the Town of East Greenwich and the Town of Barrington regarding Resolutions for Educational Financial Support. Motion passes unanimously on a roll-call vote.
APPROVAL OF COUNCIL JOURNALS
Regular Meeting - June 6, 1994
Regular Meeting - June 20, 1994
Approved.
Coastal Resources Management Council - TEMPORARY ASSENT
By Grover J. Fugate, Executive Director
File No. 94-6-288 Assent No. A94-6-288
Requesting to maintain a temporary private residential recreational boating facility located; 60 Beach Point
Drive, Plat 100, Lot 16. (Edward D. McLaughlin)
Received as information.
Coastal Resources Management Council - TEMPORARY ASSENT
By Grover J. Fugate, Executive Director
File No. 94-6-227 - Assent No. A94-6-227
Requesting to maintain a temporary private residential recreational boating facility located; 24 Beach Point
Drive, Plat 36, Lot 18100-S. (Joseph Wahl)
Received as information.
Coastal Resources Management Council - TEMPORARY ASSENT
By Grover J. Fugate, Executive Director
File No. 94-6-268 - Assent No. A94-6-268
Requesting to maintain temporary private residential recreational boating facility located; 100 Riverside
Drive, Lot 109, No Plat. (James & Jane Newell Joubert)
Received as information.
Beautification Committee
Richard Gerling 117 Weeden Avenue 02916
Resignation July 13, 1994
Received as information.
Coastal Resources Management Council
By William J. Hawkins, III, Acting Executive Director
TEMPORARY ASSENT - File No. 94-6-289 - Assent No. A94-6-289
Requesting to maintain temporary private residential recreational boating facility; located at 64 Beach Point
Drive, Plat 513, Lot 3. (Ernest Bessette)
Received as information.
Coastal Resources Management Council
By William J. Hawkins, III, Acting Executive Director
File No. A94-7-87 - FINDING OF NO SIGNIFICANT IMPACT
Requesting to replace 2,000 gallon underground fuel storage tank; located at Silver Street, Map 412, Block
19, Lot 07. (City of East Providence)
Received as information.
Sunday/Holiday Sales
Applicant - Winter Sports
Location - 212 Willett Avenue
Subject to approvals from:
Chief of Police, Building Inspector
Unanimously approved, subject to all approvals.
Sunday/Holiday Sales
Applicant - Azores Grocery Store
Location - 95 Waterman Avenue
Subject to approvals from:
Chief of Police, Building Inspector
Unanimously approved, subject to all approvals.
Sunday/Holiday Sales
Applicant - Francine Difruscio
dba - The Country Carousel
Location - 1060 Willett Avenue
Subject to approval from:
Chief of Police, Building Inspector
Unanimously approved, subject to all approvals.
Town of East Greenwich
By Elizabeth F. Choiniere, Deputy Town Clerk
Town of Barrington
By Mark R. Powers, Member of Barrington Town Council
Resolution for Educational Financial Support
(See page #1 of this Journal)
Town of Barrington
By Bert W. Anger, President, Barrington Town Council
Resolution requesting installation of emergency telephones on East Bay Bike Path.
Received as information.
(Permission to advertise)
Alcoholic Beverage License - Class B Limited (Victualer)
Applicant - Rosegarden Restaurant
Gregory A. Rose
Location - 579 Warren Avenue
Subject to approvals from:
Chief of Police, Building Inspector, Health Inspector
Unanimously approved, subject to all approvals.
At the request of Mr. Sullivan, motion made by Mr. Lynch, seconded by Mr. Miranda, and unanimously voted to change the order of business by placing Communications first on the docket.
Kent Corner Congregational Church
By Rev. Gerald Gordon
Requesting to address the Council re: The Religious Freedom Restoration Act.
Rev. Gordon not present.
Police & Fire Retirees Association
By John Vieira, Jr., President and Norman E. Glading, Secretary
Requesting to address the Council on the Cost of Living Adjustment for all retired personnel who were not included when the original adjustments were granted in the past.
John Vieira, Jr., 17 Garden Drive, President of the East Providence Police and Fire Retirees Association, is present and sworn. Mr. Vieira requests the Council approve a 3% compounded raise in pension for the 89 retirees not receiving COLA.
Mr. Lemont reports that the pension figure for those individuals was adjusted in 1991, and a compounded 3% raise would be a substantial amount of money.
After further discussion, motion is made by Mr. Sullivan, seconded by Mr. Larisa, to refer the matter to the City Manager.
Mr. Lemont says he will get a letter off tomorrow and will report back at the September 19, 1994 Council meeting.
Alice Street Traffic
By Sidonio R. Simoes, 26 Alice Street
Requesting to address the Council re: Ongoing Alice Street traffic due to Fleet Bank Customers.
Sidonio R. Simoes, 26 Alice Street, is present and sworn. Mr. Simoes addresses the Council regarding traffic problems on Alice Street. He says an ordinance establishing one-way traffic on that street is not being enforced, and the problems arise from customers of Fleet Bank using the drive-up window by entering from Taunton Avenue and going around through the Alice Street entrance. He asks that the Alice Street entrance be blocked.
After further discussion, motion is made by Mr. Miranda, seconded by Mr. Larisa, to refer the matter to the City Manager, who will try solving the problem by meeting with bank officials, and if he has no success, will have the police stationed there all the time. Motion passes unanimously on a roll-call vote.
The meeting returns to the regular order of business.
STOP & SHOP, CO.
Comprehensive Plan Amendments
An ordinance to amend the Comprehensive Plan of the City of East Providence, in part relating to sections of the "Economic Development Plan Element" and the "Land Use Plan 2010 Figure LU-1" (map). Map amendment from open space designation to retail is sought for Parcel 1, Map 406, Block 5, and for right-of-way property to be acquired from the State of Rhode Island, and amendment from medium density residential designation to retail for parcels 2,3,4,5, and 6, Map 406, Block 5.
Planning Board
Memo from Planning Board, dated August 9, 1994, recommending denial of Comprehensive Plan Amendments.
Rezoning
An ordinance to amend Chapter 19 of the revised ordinances of the City of East Providence, by changing Map 406, Block 5, Parcels 1,2,3,4,5, and 6; located on the westerly side of Pawtucket Avenue, the northerly side of Waterman Avenue and the easterly side of Payette Street and property acquired by Providence Country Day School from the Rhode island Department of Transportation, from district Os-1, R-4 and C-1, to district C-3.
Planning Board
Memo from Planning board, dated August 9, 1994, recommending denial of Rezoning.
Land Development Project
Request for Preliminary Land Development Project.
Approval from the Stop & Shop Supermarket Company for property owned on Assessors Map 406, Block 5, Parcels
1,2,3,4,5,6 and property to be acquired by Providence Country Day School from the Rhode Island Department of Transportation for the construction of a Super Stop & Shop with related off-street parking and loading facilities and off-site traffic signalization and turning lanes.
Planning Board
Memo from Planning Board, dated, August 9, 1994, recommending denial of Land Development Project. Slepkow, Slepkow and Bettencourt. Inc
By Martin P. Slepkow, Attorney ( Stop & Shop Supermarket, Co.)
Re: Above three (3) petitions withdrawn, without prejudice.
The City Clerk informs the Council that the first three public hearing items have been withdrawn, and refers to the docketed item from Martin P. Slepkow, requesting that the three petitions be withdrawn without prejudice. Motion
passes unanimously on a roll-call vote.
Meeting recesses at 9:00 P.M. and reconvenes at 9:05 P.M. with all Council members present.
Mayor Grant states that a report was suppose to be received from the Director of Public Works and the City Manager with respect to a drainage problem on the lower end of Dover Avenue. He says the report is in and there will be some changes made, but the payloaders are out of commission.
Another problem deals with a wrongly placed telephone pole. Mayor Grant assures the residents that the work will be done.
(Given first passage July 18, 1994)
Advertised - Providence Journal - July 21, 1994
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 18-269 entitled "Stop and yield intersections designated; when stops required.", by adding thereto the following:
Circle Street (southbound traffic) at its intersection with Ferris Avenue.
CHAPTER NO. 315
(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.
2. ** AN ORDINANCE IN AMENDMENT OF CHAPTER 5 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "FIRE PREVENTION.", which amends Section 5-1. entitled "Fire code adopted."
CHAPTER NO. 316
(Requested by Fire Chief)
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.
3. ** AN ORDINANCE IN AMENDMENT OF CHAPTER 2 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "ADMINISTRATION.", by adding thereto the following:
DIVISION 12. BEAUTIFICATION COMMISSION
Section 195.6 Establishment
Section 195.7 Appointment and Term
Section 195.8 Election of Officers, Rules, Records and Reports
Section 195.9 Meetings (a) (b)
Section 195.10 Duties of Officers (a) (b)
Section 195.11 Powers and Duties Generally (a) (b) (c) (d) (e)
CHAPTER NO. 318
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. Larisa, 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 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:
Dorr Avenue (south side), from Smith Street westerly for a distance of 150 feet.
CHAPTER NO. 319
(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. Miranda, seconded by Mr. Larisa, and on a unanimous roll-call vote with all Council members present and voting, said ordinance is adopted.
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 IX entitled "Stop Intersections.", Subsection 18-269 entitled "Stop and yield intersections designated; when stops required.", by adding thereto the following:
Benedict Street (eastbound and westbound traffic) at its intersection with Palmer Avenue.
(Requested by Councilman Robert D. Sullivan)
CHAPTER NO. 321
Mr. Sullivan speaks on his reasons for requesting this ordinance, and presents for the record a petition with 56 names.
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.
6. ** AN ORDINANCE IN AMENDMENT OF CHAPTER 4 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "BUILDINGS AND BUILDING REGULATIONS.", which amends Section I. Section 4-43. entitled "violations of this article; penalties;
remedies deemed cumulative."
CHAPTER NO. 322
The above-entitled ordinance, referred to this time an 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.
7.** AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "MOTOR 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:
Earl Avenue (west side) from a distance of 35 feet to dead end starting from the property line northerly at 203 Earl Avenue.
(Requested by Councilman Robert D. Sullivan)
CHAPTER NO. 323
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.
8. ** 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:
Burrough Street (northbound and southbound traffic) at its intersection with Mayflower Street.
CHAPTER NO. 324
(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. Miranda, seconded by Mr. Sullivan, and on a unanimous roll-call vote with all Council members present and voting, said ordinance is adopted.
Victualling
Applicant - Azores Grocery Store
Location - 95 Waterman Avenue
Subject to approvals from:
Chief of Police, Building Inspector, Health Inspector
Antonio J. DaSilva, 116 Waterman Avenue, is present and sworn.
On motion of Mr. Miranda, seconded by Mr. Larisa, it is unanimously voted to grant the license, subject to all
approvals.
Victualling/51 or more
Applicant - Vartan Arslanian
dba - Athens Pizza
Location - 2830 Pawtucket Avenue
Subject to approvals from:
Chief of Police, Building Inspector, Health Inspector
Vartan Arslanian, 56 Cranberry Terrace, Cranston, Rhode Island, is present and sworn. Attorney Martin Slepkow speaks for Mr. Arslanian. Motion to approve the license subject to all approvals, is made by Mr. Larisa, seconded by Mr. Miranda, and voted 5-0.
Pool Table (1 Unit)/Sundays Included
Applicant - Vartan Arslanian
dba - Athen's Pizza
Location - 2830 Pawtucket Avenue
Subject to approvals from:
Chief of Police, Building Inspector
Mr. Slepkow presents a petition signed by customers in favor of the pool table license. Motion to accept the petition for the record is made by Mr. Miranda, seconded by Mr. Lynch and approved on a 5-0 vote.
At the consent of the Council, Olga Santos, 37 Sumach Avenue, is allowed to speak, and she is sworn in. Ms. Santos speaks in opposition to the license and gives her reasons. She says she is concerned it will be turned into a pool hall.
Dorothy Raffa, 60 Sumach Avenue, is present and sworn and speaks in favor of the license and praises Mr. Arslanian and the business he runs.
Motion is made by Mr. Sullivan, seconded by Mr. Lynch, to approve the license, subject to all approvals. Motion passes 5-0.
Secondhand/Autos - Transfer
From - East Ford, Inc.
To - Tasca Ford Sales, Inc.
Location - 777 Taunton Avenue
Subject to approvals from:
Chief of Police, Building Inspector
An attorney from 1345 Westminster Street, Providence, Rhode Island, representing Tasca Ford Sales, is present and sworn. Motion to approve, subject to all approvals, is made by Mr. Larisa, seconded by Mr. Lynch, and voted 5-0.
Bingo - September 7, 1994 To October 12, 1994
Applicant - Carousel Park Commission
Location - Loof Crescent Park Carousel
Subject to Police Chief's approval
William Lange, Carousel Commission member, addresses the Council regarding the license. Mr. Conley tells the
City Clerk to make sure the City license is made out to the same name as the State license.
Law Department
By William J. Conley, Jr., City Solicitor
Beautification Committee Bylaws
On motion of My Lynch, seconded by Mr. Larisa it is unanimously voted to accept the Bylaws
The report from the Claims Committee is unanimously received as information on motion of Mr. Lynch, seconded by Mr. Miranda.
(See Council file for report)
(By Councilman Robert D. Sullivan)
East Providence Heritage Days
Mr. Sullivan speaks on the Heritage Days Festival, and commends the Recreation Director and staff, as well as
the East Providence Police Department.
(By Councilman Joseph S. Larisa, Jr.)
Review of Police Staffing Policy at City Festivals
Mr. Larisa asks the Police Chief to put in writing the City's policy with respect to police specials at City festivals.
Review of Rabies Policy
Mr. Larisa says because of the epidemic of rabies in the State, people should know about a D.E.M. flyer, which gives information on rabies.
Mr. Miranda receives Council Consent to address the Council on the scholarship presentation from the Charity Ball proceeds.
(By Mayor Rolland R. Grant)
Zoning Board of Review
(R) Kenneth Walker 15 Kent Avenue 02916
Mayor Grant recommending Kenneth Walker to the above Board on motion of Mr. Miranda, seconded by Mr. Lynch.
Tenants Board of Affairs
Marge Babbit 90 Forbes Street 02915
Appointment of Marge Babbit to the above Board by Mayor Grant.
(By Councilman Joseph S. Larisa, Jr.)
Historic Properties
Robert Cusack 150 Greenwood Avenue 02916
On motion of Mr. Lynch, seconded by Mr. Miranda it is unanimously voted to appoint Robert Cusack to the above
Board.
Meeting adjourned at 9:48 P.M.
Attest:
Valerie A. Perry
City Clerk
Approved:___________________________________