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, March 7, 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
(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 Joseph S. Larisa, Jr.
Salute to the Flag is led by Councilman Gerald R. Lynch.
Mayor Grant announces that the application for Goldie's Lounge has been withdrawn. Mr. Conley states that he received the information from the applicant a short time before the meeting. He says the measurement from the footprint of the building to the footprint of St. Mark's Church is 192 feet.
What this means is that based on the State Law that no alcoholic beverage license can be in a building within 200 feet of a church, that premises may not hold an alcoholic beverage license.
On motion of Mr. Lynch, seconded by Mr. Larisa, and unanimously voted on a roll-call vote, the Consent Calendar item regarding the Class F Alcoholic Beverage license for Trinity Brotherhood is removed from the Consent Calendar.
On motion of Mr. Larisa, seconded by Mr. Lynch, it is unanimously voted on a roll-call vote, the minutes of the closed session of February 15, 1994 regarding Kelly & Picerne will remain closed pending review by the City Solicitor.
On motion of Mr. Lynch, seconded by Mr. Larisa, and on a unanimous roll-call vote with all Council members present and voting, it is voted that the Consent Calendar be approved as amended.
APPROVAL OF COUNCIL JOURNALS
Regular Meeting - February 7, 1994
Special Meeting - Kelly & Picerne vs. City of East Providence - February 15, 1994
Closed Session - Kelly & Picerne vs. City of East Providence - February 15, 1994
Regular Meeting - February 22, 1994
Unanimously approved
Town of Charlestown
By Marcia D. Carsten, Town Clerk
A Resolution opposing casino/gambling facility within the Town.
Received as information.
Town of Barrington
By Bert W. Anger, President, Barrington Town Council
Town of New Shoreham
By Susan R. Shea, Town Clerk
Town of Coventry
By Roberta H. Johnson, CMC, Town Clerk
A Resolution seeking release of funds for substance Abuse Prevention.
Received as information.
Town of North Kingstown
By James D. Marques, CMC, Town Clerk
A Resolution opposing local prosecution of DWI/DUI refusal cases.
Received as information.
Coastal Resources Management Council
By Grover J. Fugate, Executive Director
File No. 94-2-24
FINDING OF NO SIGNIFICANT IMPACT to construct an 8'x 8' storage shed; located at 65 Jackson Avenue, Plat 312, Lot 1. (John M. Bray)
Received as information.
Department of Environmental Management
By Charles A. Horbert, Supervisor for Applications
Submitting the following Fresh Water Wetland Applicability Determination:
#92-0484D - east and west of Route 114 (Wampanoag Trail), at the Mobil Oil Corporation Oil/Water Separator, Utility Poles Nos. 93 through 96, approximately 1000 feet north of the intersection of Forbes Street and Wampanoag Trail.
Received as information.
Tag Days - April 21,22,23, 1994
Applicant - Knights of Columbus Council 1528
Location - East Providence
Subject to Police Chief's approval
Tag Days - April 21, 22 & 23, 11994
Applicant - Bishop Hickey Knights of Columbus
Location - East Providence
Subject to Police Chief's approval
Alcoholic Beverage - Class F - 19 hours beginning at 6:00 A.M. on June 17, 18 & 19, 1994
Applicant - St Francis Xavier Church
Location - 81 North Carpenter Street
Subject to Police Chief's approval
Alcoholic Beverage - Class F - 19 hours beginning at 6:00 A.M. on March 19, 1994
Applicant - Sacred Heart Church
Location 118 Taunton Avenue
Subject to Police Chief's approval
Antique Show - March 19 & 20, 1994
Applicant - Southeastern New England Antique Dealers Association
Location - Providence Country Day School
Subject to Police Chief's approval
All the above CC Licenses are unanimously granted, subject to all approvals.
Alcoholic Beverage - Class F - 19 hours beginning at 6:00 A.M. on May 27, 28 & 29, 1994
Applicant - Trinity Brotherhood
Location - 146 Sutton Avenue
Subject to Police Chief's approval Mr. Lynch addresses the Council regarding this license and recommends adding time limitations to this license.
He suggests ending the entertainment at 11:30 P.M. on Friday and Saturday, and 10:30 P.M. on Sunday. Mr. Miranda says 12:00 A.M. is sufficient on Friday and Saturday and agrees with 10:30 P.M. on Sunday, and makes the motion, seconded by Mr. Lynch. Motion passes unanimously on a roll-call vote.
Public Hearing Regarding Kelly & Picerne vs. City of East Providence
Mr. Conley asks the Council to establish some guidelines on this matter. He says the case is pending in Court and says certain information could jeopardize the City's ability to prosecute the case.
He reads from correspondence from the Insurance Company counsel, which cautions the City not to discuss the details in the litigation case.
He says he would ask the City to refrain from speaking on strategy and settlements proposals.
Mr. Larisa asks for a clarification. He asks Mr. Conley if the public can say anything they want to, and Mr. Conley agrees they can. Mr. Larisa also says that this is not a public hearing regarding K & P vs. the City of East Providence, but a public hearing regarding what to do with the beachfront property and what the public wants done to the cove front property. He makes a motion to make that fact part of the record. Mr. Lynch seconds the motion, which passes unanimously on a roll-call vote.
Mr. Conley swears in the following who speak in favor of preserving the area for open space:
Nancy Moore, 14 Josephine Avenue, speaking on behalf of the Historical Society, asking the Council to acquire the property.
Frances Trafton, 15 Jay Street, President of the East Providence Conservation Trust, asking the Council to acquire the property.
David Kelleher, 36 Riverside Drive, says this is part of the City's Comprehensive Plan. Mr. Kelleher presents a petition from the condominium owners of Seaview on Bullocks Point Avenue.
David Faria, 104 Bailey Street, representing C-CARE, RI
Linda McEntee, 134 Terrace Avenue. Mrs. McEntee presents a petition to preserve the land for open space. She says it is the original petition with 5200 signatures, collected in the early 1980's when the issue first surfaced.
Bruce Chick, 235 Pleasant Street, Chairman of the Municipal Land Trust, reads from the Municipal Land Trust ordinance.
Robert Wheeler, 87 Beverly Road.
Anthony Bocchichio, 96 Pinecrest Drive. He presents a petition with 1,531 signatures requesting the land be preserved as open space.
Valerie Bruzzi-Krsulic, 29 Crescent Avenue.
Peter Oppenheimer, 22 Woburn Road, President of the East Providence Coalition.
Gail Durfee, 26 Stoneham Drive.
Rose Larisa, 77 Argyle Avenue. Mrs. Larisa states that money could be obtained from the Municipal Recreational Acquisition Grant, and the Council would have to instruct the Director of Planning to go after the money.
George Redman, 234 Mauran Avenue. Mr. Redman speaks against keeping the land for open space and says there has been enough land taken off the tax rolls. He says the City cannot maintain the property it now owns.
Harold Gerstein, 12 Rhodes Avenue, who speaks in favor of keeping the land for open space.
Kathy Santos, 4 Thurston Street.
Gil Medeiros, 51 Murray Avenue.
Mr. Larisa makes a motion, seconded by Mr. Sullivan, to go into Executive Session to determine how best to respond within the constraints of the pending lawsuit as advised by Solicitor Conley. Motion passes unanimously on a roll-call vote, and the meeting recesses at 8:53 P.M. to Executive Session.
(See separate folder for Closed Session)
The meeting resumes in Open Session at 8:55 P.M.
Motion to adopt the resolution is made by Mr. Larisa, seconded by Mr. Sullivan, and unanimously approved on a roll-call vote.
(Given first passage January 4, 1994)
Advertised - Providence Journal - January 27, February 3 & 10, 1994 (Display Ads)
** 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 Section 19-1 entitled "Definitions."
(Requested by Councilman Norman J. Miranda)
CHAPTER NO. 288
(Deferred from January 18, 1994)
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, it is unanimously voted to defer the above ordinance to the next regular Council meeting to be held, March 21, 1994.
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
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 February 22, 1994)
Dance and Entertainment
Applicant - Goldie's Lounge, Inc.
dba - Goldie's
Location - 3712 Pawtucket Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
John J. Hurley - 28 Burnside Avenue
Letter of objection to grant licenses to the above establishment.
Motion made by Mr. Miranda, seconded by Mr. Sullivan, to withdraw with prejudice. Motion passes unanimously on a roll-call vote.
ALCOHOLIC BEVERAGE LICENSE - Class B Limited (Victualer)
Applicant - Two Dads Incorporated
dba - Carousel Family Restaurant
Location - 656 Bullocks Point Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Subject to Health Inspector's approval
Victualling
Applicant - Two Dads Incorporated
dba - Carousel Family Restaurant
Location - 656 Bullocks Point Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Subject to Health Inspector's approval
Russell Bettencourt, 12 Flint Street, Pawtucket, Rhode Island and William L. Hagy, 44 Deborah Road, Warwick, Rhode Island are present and sworn.
The applicants answer questions from the Council. Mr. Bettencourt says the property is owned by DEPCO, and they have a lease with a potential buyer. Mr. Sullivan says this creates a problem. Mr. Conley says licenses are issued not only to individuals, but to the location as well. He says there should be some kind of evidence before the Council that a proper lease is in place.
After further discussion, motion is made by Mr. Sullivan, seconded by Mr. Larisa, and voted unanimously on a roll-call vote to defer the matter until a lease is in place.
Carnival - May 7, 1994
Applicant - Gordon School
Location - 45 Maxfield Street
Subject to Police Chief's approval
Subject to Building Inspector's approval
Subject to Fire Marshal's approval
Subject to Electrical Inspector's approval
Lee Forbes, 29 Sachem Road, Tiverton, Rhode Island and Pam Spencer, Jamestown, Rhode Island are present and sworn. The applicants state that the school now has three parking lots which will eliminate a lot of the parking problems. Mayor Grant says emergency no parking signs will be put up on the street. Motion is made by Mr. Miranda, seconded by Mr. Sullivan, and voted unanimously on a roll-call vote to approve with the stipulation that the no parking signs will be put in place.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
St. Francis Xavier Church - (Annual Feast)
By Anthony A. Almeida, 57 North Carpenter Street
Mr. Miranda states that the feast will be held on June 17, 18, & 19.
On motion of Mr. Miranda, seconded by Mr. Lynch, it is unanimously voted to grant the above license subject to all stipulations and approvals being met.
Law Department
By William J. Conley, Jr., City Solicitor
Re: Agreement between Bristol County Water Authority and City of East Providence
(Deferred from February 22, 1994)
Mr. Conley says that this agreement will give the City of East Providence an emergency connection and says he is recommending it. Mr. Lemont says it will give the City an emergency connection on Pawtucket Avenue with no cost to the City. Motion made by Mr. Lynch, seconded by Mr. Larisa, to give Corporate Authority to the City Solicitor to enter into the agreement on behalf of the City. Motion passes unanimously on a roll-call vote.
Request to transfer funds - For study of Waste Water System
On motion of Mr. Miranda, seconded by Mr. Lynch, and on a unanimous roll-call vote with all Council members present and voting, it is voted to approve the transfer of funds.
1. * Finance Department
By James F. McDonald, Finance Director
Re: RHODE ISLAND INTERLOCAL TRUST RENEWAL - Application deadline is 3-11-94.
James McDonald, Finance Director, asks the Council for guidance on the renewal of Special Police Constables.
He says he needs to give the Interlocal Trust the numbers of Specials. After some discussion, a motion is made by Mr. Miranda, seconded by Mr. Sullivan, and unanimously voted on a roll-call vote to hold a special meeting on Wednesday, March 16, 1994.
2. * Request to transfer $7,000.00 from Contingency Fund to Minimum Property Standards Account.
On motion of Mr. Lynch, seconded by Mr. Miranda, it is unanimously voted to approve the transfer.
The report from the Claims Committee is unanimously received as information on motion of Mr. Sullivan, seconded by Mr. Larisa.
(See Council File for report)
(By Mayor Rolland R. Grant)
Resuming the Sister Cities' Program
Mayor Grant speaks on the program and says he wants to reactivate it.
The Churches In the Various Locations that the City Plows
Mayor Grant speaks on the Church parking lots that are plowed by the City. He asks the City Manager to furnish him with a list of Churches that have agreed to allow cars to park in their lot when a snow storm occurs.
(By Joseph S. Larisa, Jr.)
1. The Open Meetings Law and the City Council
Mr. Larisa speaks on the Open Meeting Law and says he does not feel he violated the law. He says he attended
all the meetings of Kelly & Picerne and the plaintiffs as directed by the Council. He says in the future, to avoid any confusion, when the Council meets in Closed Session and he feels matters are being discussed which are not within the ambit of the closed meeting law, he will inform the Council at that time that he plans to disclose the matters and if need be, will get an opinion from the City Solicitor.
2. Council Backing For Acquisition of Crescent Park Beachfront
Mr. Larisa says that the two adjacent properties to the Beachfront property, the Carousel and Bayside Park, are examples of how the City property is kept up. He says what this Council is trying to do is to use its best efforts to acquire this land.
1. * RESOLUTION REQUESTING AN EXTENSION OF TIME FOR REVALUATION.
The above-entitled resolution 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 adopted.
(Requested by Director of Finance)
RESOLVE NO. 38
2. * RESOLUTION REQUESTING RELEASE OF TRAFFIC VIOLATION FUNDS TO THE CITY OF EAST PROVIDENCE.
Adopted
The above-entitled resolution is introduced and, on motion of Mr. Larisa, seconded by Mr. Lynch, and on a unanimous roll-call vote with all Council members present and voting, is adopted.
RESOLVE NO. 39
(Requested by Councilman Joseph S. Larisa, Jr.)
RESOLUTION REQUESTING RELEASE OF $2.3 MILLION IN FUNDS FOR THE RHODE ISLAND SUBSTANCE PREVENTION ACT.
The above-entitled resolution is introduced and, on motion of Mr. Larisa, seconded by Mr. Lynch, and on a unanimous roll-call vote with all Council members present and voting, is adopted.
RESOLVE NO. 40
(Requested by Councilman Joseph S. Larisa, Jr.)
4. * RESOLUTION AUTHORIZING THE ESTABLISHMENT OF INTERMUNICIPAL AGREEMENTS FOR JOINT PURCHASING AND SEEKING THE SERVICES OF THE STATE DIVISION OF PURCHASES, DEPARTMENT OF ADMINISTRATION.
The above-entitled resolution is introduced and, on motion of Mr. Lynch, seconded by Mr. Sullivan, and on a unanimous roll-call vote with all Council members present and voting, is adopted.
RESOLVE NO. 41
(Requested by Law Department)
RESOLUTION REQUESTING THE STATE OF RHODE ISLAND, DEPARTMENT OF TRANSPORTATION TO PERFORM ROAD CONSTRUCTION DURING LATE NIGHT TO EARLY MORNING HOURS.
The above-entitled resolution is introduced and, on motion of Mr. Sullivan, seconded by Mr. Larisa, and on a unanimous roll-call vote with all Council members present and voting, is adopted.
RESOLVE NO. 42
(Requested by Mayor Rolland R. Grant)
RESOLUTION AMENDING RESOLUTION NO. 26 TO REQUEST THAT THE VETERANS MEMORIAL PARKWAY BRIDGE ALSO KNOWN AS THE BARRINGTON PARKWAY BRIDGE, STATE BRIDGE NO 151, BE NAMED IN HONOR OF THE FIVE AMARAL BROTHERS OF THE CITY OF EAST PROVIDENCE.
RESOLVE NO. 43
(Requested by Mayor Rolland R. Grant)
The above-entitled resolution is introduced and on motion of Mr. Miranda, seconded by Mr. Lynch, and on a unanimous roll-call vote with all Council members present and voting, is adopted.
1. * AN ORDINANCE IN AMENDMENT OF CHAPTER 3 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "ANIMALS.", which amends Section I. Subsection (b) (1) of Section 3-5 entitled "Keeping rabbits, hares or pigeons."
(Requested by Mayor Rolland R. Grant)
(If given first passage can be referred to the next regular Council meeting to be held March 21, 1994, for hearing and consideration of final passage)
Ordinance is withdrawn.
2. * 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.", which amends Section I. in accordance with Section 11-111 entitled "Adoption."
(If given first passage can be referred to the next regular Council meeting to be held March 21, 1994, for hearing and consideration of final passage)
The above-entitled ordinance is introduced and, on motion of Mr. Lynch, 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 regular Council meeting to be held March 21, 1994, for a public hearing and consideration of final passage.
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.", which amends Section I. Section 2-249 entitled ' Cooperative purchasing."
(If given first passage, can be referred to the next regular Council meeting to be held March 21, 1994, for hearing and consideration of final passage)
(Requested by Law Department)
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 March 21, 1994, for a public hearing and consideration of final passage.
4. * AN ORDINANCE AUTHORIZING THE ISSUANCE OF BONDS IN AN AMOUNT NOT TO EXCEED $9,200,000 TO REFUND A PORTION OF THE PRESENTLY OUTSTANDING $15,600,000 CITY OF EAST PROVIDENCE, RHODE ISLAND GENERAL OBLIGATION BONDS.
(If given first passage can be referred to the next regular Council meeting to be held March 21, 1994, for hearing and consideration of final passage)
(Requested by Finance Department)
The above-entitled ordinance is introduced and, on motion of Mr. Lynch, seconded by Mr. Larisa, it is unanimously voted to give first passage and referred to the regular Council meeting to be held March 21, 1994, for hearing and consideration of final passage.
(By Councilman Robert D. Sullivan)
Library Board of Trustees
Helen Sullivan 17 Allison Court 02915
On motion of Mr. Miranda, seconded by Mr. Sullivan, it is unanimously voted to appoint Helen Sullivan to the above Board.
(By Councilman Gerald R. Lynch)
Crossing Guard
Heidi Williams 417 Massassoit Avenue 02916
On motion of Mr. Lynch, seconded by Mr. Sullivan, it is unanimously voted to appoint Heidi Williams as Crossing Guard.
Valerie Bruzzi-Krsulic - 29 Crescent Avenue
Requesting to address the Council re:
1. The Water Pollution Control Plant
2. The Mayor's Office and Phone Line
3. The Land Deal At Crescent Park
Valerie Bruzzi-Krsulic, 29 Crescent Avenue, previously sworn in, addresses the Council. She registers her complaints about the Water Pollution Control Plant and the problems she has had in trying to resolve some of the odor problems. She said she was lied to by employees about the lids that were supposed to be replaced.
Julia Forgue, Public Works director, responds that covers have been installed and the delay was caused by renovations. She says the odors were increased because the tanks were being cleaned.
Ms. Kusulic also addresses the Council regarding the Mayor's phone and office.
Fredrick L. DeAngelis - 82 Orchard Street
Requesting to address the Council, Re: Phillips' Street Hall - Festival Permits
Withdrawn.
American Youth Soccer Organization
By Mark A. Shaw, Regional Treasurer
Requesting to address the Council re: Use of Pierce Field, six Sundays this Spring for East Providence Youth Soccer.
Mark Shaw, 1169 Bullocks Point Avenue, is present and sworn. Mr. Shaw addresses the Council about the need for Soccer fields in the City. He says the High School fields are being refurbished this Spring and he cannot count on using them in the Fall.
Mr. Miranda says that Mr. Lemont has assured him that there would be a Soccer field made available for the youths of East Providence.
Mr. Lemont says the City has a piece of land in Kent Heights where a field will be built.
Mr. Lynch suggests that the Recreation Advisory Board get involved and report back to the Council.
Meeting adjourns at 11:12 P.M.
Attest:
Valerie A. Perry
City Clerk
Approved:__________________________________