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, February 22, 1994, 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 ) Council Members
Norman J. Miranda )
Robert D. Sullivan )
Paul E. Lemont ) City Manager
William J. Conley, Jr. ) City Solicitor
Valerie A. Perry ) City Clerk
(Stephanie Vilaitis, 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
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 that the Consent Calendar be approved.
APPROVAL OF COUNCIL JOURNALS
Addendum to the January 10, 1994 Minutes
Unanimously approved.
Coastal Resources Management Council – Assent Application under consideration to construct and maintain: "As Built" (to be modified) timber-pile seawall, approx. 170 linear feet, total length.
(Referenced CRMC Cease and Desist Order No. 1288-93)
(Watchemoket Realty, Inc)
Received as information.
Department of Environmental Management
By Charles A. Horbert, Supervisor for Applications
Submitting the Freshwater Wetland Applicability Determination:
# 91-0289D - located northwest of Highland American plant, 1600 north of the intersection of Dexter Road, and King Phillip Road, Map 304, Block 1, Parcel 1.2.
(Blackstone Valley District Commission)
Received as information.
Town of Pawtucket
By Richard J. Goldstein, Clerk
Re: Resolution in support of Legislation entitled "AN ACT RELATING TO DEPARTMENT OF CORRECTIONS--COMMUNITY CONFINEMENT."
Received as information.
ORDINANCES - Final Passage - (Given first passage, January 4, 1994)
Advertised - Providence Journal - (Display Ad) January 27, February 3 & 10, 1994
1. * 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 I.
The definition of dwelling unit listed under Sec 19-1 entitled "Definitions."
CHAPTER NO. 288
(Given first passage, February 7, 1994)
The above-entitled ordinance is deferred, at the request of the Planning Board, to the next regular Council meeting to be held March 7, 1994 on a unanimous roll-call vote with all Council members present and voting, on motion of Mr. Lynch, seconded by Mr. Miranda.
Advertised - Providence Journal - February 10, 1994
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. Sec 18-202 entitled "Increasing State Speed Limits in Certain Zones.", deleting therefrom the following:
Forbes Street - 35 MPH
Section II. Sec 18-202 entitled "Increasing State Speed Limits in Certain Zones.", by adding thereto the following:
Forbes Street from Wampanoag Trail westerly to the entrance of the Riverside Junior High School - 35 MPH.
(Requested by Director of Public Works)
CHAPTER NO. 290
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 Sullivan, seconded by Mr. Larisa, 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 X entitled "Stopping, Standing and Parking.", Subsection 18-302 entitled "Parking adjacent to schools prohibited when signs are erected.", by adding thereto the following:
John Street (west side), from Grove Avenue northerly for a distance of 118 feet (118') school days between 8:00 A.M. and 4:00 P.M., except Saturdays, Sundays, and Holidays.
CHAPTER NO. 291
(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. Lynch, 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 - Goldie's Lounge, Inc.
dba - Goldie's
Location - 3712 Pawtucket Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Subject to Health Inspector's approval
(Deferred from January 7, 1994)
Victualling - Class 1/Over 50
Applicant - Goldie's Lounge, Inc.
dba - Goldie's
Location - 3712 Pawtucket Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Subject to Health Inspector's approval
(Deferred from January 7, 1994)
John J. Hurley - 28 Burnside Avenue
Letter of objection to grant licenses to the above establishment.
Attorney Michael Ursillo, representing the applicant, addresses the Council. He says the new owners want to establish a Country & Western Club at the subject location. He says that he spoke with Paul Foster, Attorney for Liquor Control, who told him that the radius measurement is taken from building to building, not property line to property line.
George Furtado, 62 Larchmere Drive, is present and sworn. He says he will do anything the neighbors want him to do and will operate a better establishment than the previous owners did. He says he will serve steak sandwiches and will have a 3 piece band, which will be limited to the upstairs. Upon questioning, he says he will probably have a juke box downstairs.
Leo Medina, 291 Massachusetts Avenue, Providence, Rhode Island, is present and sworn. Mr. Medina says he will be managing the club and offers to answer questions from the Council. He says the menu will consist of appetizers.
Mr. Conley discusses the ruling of Paul Foster. He says the radius map indicates measurements from property lines. He says it is important for the Council to evaluate all of the testimony tonight.
John Vincent, 3663 Pawtucket Avenue, is present and sworn. Mr. Vincent says he is representing residents of Harborview and submits a petition signed by 85 of the residents opposing the license.
Motion is made by Mr. Miranda, seconded by Mr. Larisa, and unanimously voted to make the petition part of the record.
James Hummell, Senior Warden of St. Mark's Church, is present and sworn. He says Mr. Foster's opinion is only an advisory opinion, and would strongly object to the license.
Mr. Lynch asks for a Point of Order and says once a license is given, it is nearly impossible to take it away.
He says you cannot judge a new owner from a previous one.
Antonietta Linda Sulo, 48 Burnside Avenue, is present and sworn. Mrs. Sulo states problems with the previous business at the establishment and presents a petition from abutting neighbors who object to the license.
A motion is made by Mr. Lynch, seconded by Mr. Larisa, to defer the hearing and have the petition verified to see if more than 50% of the abutting neighbors have signed.
Mr. Conley cites R.I.G.L. 3-7-19 regarding objecting abutters. He says if the owners of the greater part to the land within 200 feet of any point of such building objects, the license cannot be issued. He asks if Mrs. Sulo collected the signatures and if she knows the people who signed. Mrs. Sulo says she did collect them and knows all of the people who signed. Mr. Conley says the City should verify that the names of the people who signed are the same as the ones listed as owners of the properties.
After further discussion, an amendment is made to the motion by Mr. Larisa to have the City verify the names and addresses of the property owners who signed the petition and report back to Mrs. Sulo in case additional signatures are needed. Amended motion is passes unanimously on a roll-call vote.
Motion is made by Mr. Miranda, seconded by Mr. Lynch, to make Mrs. Sulo's petition part of the record. Motion passes 5-0.
Meeting recesses at 9:03 P.M. and reconvenes at 9:10 P.M. with all council members present.
Victualling - Class 3/Not over 25
Applicant - Sandra Sklarski
dba - Dels Lemonade
Location - 200 Newport Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Subject to Health Inspector's approval
Kevin Sklarski, 24 Edendale Street, Pawtucket, Rhode Island, is present and sworn. Motion to approve, subject to all approvals is made by Mr. Lynch, seconded by Mr. Larisa, and unanimously voted.
Victualling - Class 3/Not over 25
Applicant - 3-D Corp.
dba - Honey Dew Donut Express
Location - 2336 Pawtucket Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Subject to Health Inspector's approval
Dan DiPetro, 416 Taunton Avenue, Seekonk, Massachusetts is present and sworn. He states that the Donut Shop will be located inside Woods Service Station and will operate 24 hours a day.
On motion of Mr. Miranda, seconded by Mr. Larisa, it is unanimously voted to approve the license subject to all approvals.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
Law Department
By William J. Conley, Jr., City Solicitor
Re: Agreement between Bristol County Water Authority and City of East Providence.
On motion of Mr. Lynch, seconded by Mr. Miranda, it is unanimously voted to continue the above issue to the next regular Council meeting to be held March 7, 1994.
New Telephone System
Mr. Lemont states that February 24th is the date the City Departments' new telephone system will be in effect. The new telephone number for City Hall will be 435-7500, and the number for Police and Fire will be 431-1111.
Finance Department
By James F. McDonald, Finance Director
Requesting approval to request the General Assembly to extend the deadline for City wide revaluation. Current deadline is 12-31-94.
James McDonald, Finance Director, addresses the Council regarding the deadline for the City's revaluation.
After further discussion, motion is made by Mr. Lynch, seconded by Mr. Larisa, to request the General Assembly extend the deadline to December 31, 1996.
Planning Department
By Jeanne Boyle, Planning Department
Re: Award of Contract for Lead Inspection Service
Jeanne Boyle addresses the Council and asks for approval to award a contract to A & W Engineering for the purpose of lead inspection services. Motion to approve is made by Mr. Lynch, seconded by Mr. Miranda, and unanimously voted on a roll-call vote.
Andrew Arruda - false arrest - $25,000.00 - Refer to insurance carrier
Jean Connolly - personal injury due to fall on ice - denied
Joseph Andreozzi - property damage to vehicle involved in accident with City truck - unspecified amount - refer to insurance carrier
Denise Reil - property damage and personal injury as a result of an accident involving a Police vehicle - Unspecified amount Refer to insurance carrier
Pending Litigation:
Silva v. City - Global Settlement - Refer to Law Department
(By Mayor Rolland R. Grant)
The Sanctity of the East Providence City Council
Mayor Grant says the Council recently voted unanimously to go into Closed Session, to discuss the Kelly & Picerne litigation. He says that after the meeting, one member of the City Council breached the law of confidentiality by speaking to the press and gave vital information on the Council's strategy. He goes on to say that the Councilman betrayed the trust of his fellow Councilmen. After further discussion, Mayor Grant says a public meeting should be scheduled on the Kelly & Picerne matter after the February 25th court date.
Motion is made by Mr. Larisa, seconded by Mr. Miranda, and voted unanimously on a roll-call vote to schedule the Public Hearing on March 7, 1994.
(By Councilman Joseph S. Larisa, Jr.)
1. Acquisition of Crescent Park Property
Mr. Larisa responds to Mayor Grant's comments. A discussion ensues about the rules of procedure and whether or not Mr. Larisa is out of order. Mr. Larisa proceeds to give the background on the open space at Crescent Park. He says he wants to talk about the cove side and why the City should save the bay front property and does the City have the resources to do so, and the plans for the 58 houses and the concessions that Kelly & Picerne are asking for.
2. All American City Award
Mr. Larisa speaks on a letter received from the All American City committee. He says he agrees with the City's decision not to apply for the award this year, but hopes in light of the major restructuring of the criteria, the City will reapply in 1995.
3. Repeal a Request to Appoint Second Judge
Mr. Larisa asks the Council to repeal a request to appoint a second judge for the Municipal Court. He suggests the Probate Judge serve as an interim Judge.
A discussion is held and no action is taken.
Meeting is recessed at 10:20 P.M. and reconvenes at 10:25 P.M. with all Council members present.
RESOLUTION AMENDING RESOLUTION NO. 23 ENTITLED "ABANDONMENT OF A PORTION OF MAPLE AVENUE."
The above-entitled Resolution is introduced and, on motion of Mr. Lynch, seconded by Mr. Sullivan, and on a unanimous roll-call vote, is adopted.
Resolve No. 36
RESOLUTION AMENDING THE EXISTING RHODE ISLAND GENERAL LAWS REGARDING PENALTIES FOR MURDER; PENALTIES FOR ASSAULT ON PERSONS 60 YEARS OF AGE OR OLDER CAUSING SERIOUS BODILY HARM; CARRYING DANGEROUS WEAPONS OR SUBSTANCES WHEN COMMITTING A CRIME OF VIOLENCE; AND HABITUAL CRIMINALS.
(Requested by Councilman Sullivan)
Resolve No. 37
Mr. Sullivan speaks on the resolution. He says the resolution will amend R.I.G.L. 11-3-2 which enforces penalties upon those who use guns during crimes of violence. Motion to approve is made by Mr. Sullivan, seconded by Mr. Miranda.
Mr. Larisa says that the Council has no business meddling in the State legislation. Mr. Lynch says he does not feel qualified to vote on this.
After further discussion, roll-call vote is taken on the motion:
Mr. Larisa Nay
Mr. Lynch Abstain
Mr. Miranda Aye
Mr. Sullivan Aye
Mayor Grant Aye
Motion passes 3-1.
Mr. Sullivan receives Unanimous Consent to discuss the V-J Day holiday.
He says the Veterans were concerned about a bill to eliminate or change V-J Day. Representative Maria Lopes told Mr. Sullivan that the bill was killed in the House, which he says is a victory for the Veterans.
Mr. Larisa receives Unanimous Consent to discuss the Charity Ball and thanks Norman Miranda and Valerie Perry for the work done.
(By Councilman Norman J. Miranda)
Carousel Commission
Lorena DeMello 192 Mauran Avenue 02914
On motion of Mr. Miranda, seconded by Mr. Lynch it is unanimously voted to appoint Lorena DeMello to the above Board.
(By Councilman Robert D. Sullivan)
Municipal Court Judge
Michael Farley 156 Dyer Avenue 02915
On motion of Mr. Sullivan, seconded by Mr. Miranda, it is unanimously voted to appoint Michael Farley as Judge of Municipal Court.
Kenneth R. North, Sr. - 1307 South Broadway
Requesting to address the Council re: drainage problem
Kenneth North, 1507 South Broadway, is present and sworn. Mr. North addresses the Council about an overflow sewer line in the back of his property. After discussion, Mr. Lemont tells Mr. North to make an appointment and they will meet with Julia Forgue and try to solve the problem.
Robert J. McMannus - 260 Pawtucket Avenue
Requesting to address the Council re: drainage problem
Robert J. McMannus, 260 Pawtucket Avenue is present and sworn. Mr. McMannus addresses the Council about a drainage problem on his property. He says the Director of Public Works stated that it is not the City's concern, and Mr. Lemont rebuts the statement. Mr. Lemont says Mr. McMannus was told the matter is under study and it continues to be under study. After further discussion, Mr. Lemont says he will get the study completed and will report back to the Council at the next meeting.
Meeting adjourns at 11:29 P.M.
Attest:
Valerie A. Perry
City Clerk
Approved:__________________________________