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, December 5, 1995 and is called to order at 8:05 P.M. by Mayor Rolland R. Grant.
Present: Rolland R. Grant ) Mayor
Joseph S. Larisa, Jr. )
Gerald R. Lynch ) Councilmen
Norman J. Miranda )
Robert D. Sullivan )
Paul E. Lemont ) City Manager
William J. Conley, Jr. ) City Solicitor
Valerie A. Perry ) City Clerk
(Darlene LaPlante, 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.
TO APPROVE THE CONSENT CALENDAR
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 to approve the Consent Calendar.
Coastal Resources Management Council
File No. 95-11-51 - FINDING OF NO SIGNIFICANT IMPACT
Requesting to install nine replacement windows, remove triple window unit replace with wall construction, Map 415, Lot 7, Block 7. (Marilyn J. Walsh)
File No. 95-11-31
Requesting to construct and maintain: Construct steel sheetpile bulkhead in location of boat launch ramp; dredge launch ramp area/backfill bulkhead (104 cubic yards total dredge +/-; install boat travel lift. (Bullocks Cove Marina, Inc)
File No. A95-10-40 -Assent
Requesting to construct "Waterfront Park", improvements consisting of (9) parking spaces, pathways, landscaping, and misc. amenities; located at Mauran Avenue (western terminus) (City of EP)
Burial Ground Trust Fund - (Perpetual care)
$200.00 submitted by Bryan K. Annable, Jr. for lot # 206, New Little Neck Cemetery - Acceptance requested.
Abatements/Cancellations
City Assessor requesting cancellation of taxes as follows:
Year Amount
1993 $ 211.76
1994 31.14
1995 1,347.46
Alcoholic Beverage - Class F - 19 hours beginning at 6:00 A.M. on December
31, 1995
Applicant - St Marthas Church
Location - 2595 Pawtucket Avenue
Subject to approval from: Chief of Police
Snow Report - 1995-1996
By Julia Forgue, Public Works Director
All above CC items received as information and unanimously approved.
Secondhand/Clothing
Applicant - Family Treasures
Location - 920 Broadway
Subject to approval from: Building Inspector
Maria L. Rodrigues, 26 Russell Avenue, is present and sworn.
On motion of Mr. Miranda, seconded by Mr. Sullivan and on a unanimous roll-call vote with all Council members present and voting, said license is granted subject to all approvals.
Sunday/Holiday Sales
Applicant - Family Treasures
Location - 920 Broadway
Subject to approval from: Building Inspector
On motion of Mr. Larisa, seconded by Mr. Miranda, said license is unanimously approved.
Sunday/Holiday Sales
Applicant - Jayme Machado Neto
dba - Viva Brasil
Location - 211 1/2 Warren Avenue
Subject to approval from: Building Inspector
Silas Machado, Pawtucket Avenue, is present and sworn.
Unanimously approved on motion of Mr. Lynch, seconded by Mr. Larisa, subject to all approvals.
Victualling/Not over 25
Applicant - East Providence Donuts Inc.
dba - Honey Dew Donuts
Location - 60 Newport Avenue
Subject to approvals from: Chief of Police, Building Inspector, Health Inspector
Cynthia March, 115 Irving Road, Warwick, Rhode Island, is present and sworn.
Unanimously approved, subject to all approvals on motion of Mr. Lynch, seconded by Mr. Larisa.
Gatherer
Applicant - Stephen J. Lema, 16 Anthony Street
Subject to approval from: Chief of Police
Stephen J. Lima, 16 Anthony Street, is present and sworn. He tells the Council that he has a storage facility.
Unanimously granted, subject to Police Chief's approval on motion of Mr. Larisa, seconded by Mr. Miranda.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
ORDINANCES - FINAL PASSAGE (Given First Passage, November 21, 1995)
Advertised - Providence Journal - November 24, 1995
1) 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 the following:
Section 1. Division 7 entitled "Planning Board.", of Article III entitled "Boards, Committees, Commissions."
Section 2-166. Created: composition; appointment of members generally; qualifications and compensation of members.
Section 2-168. Appointment of first members; term of vacancies; removal from office.
CHAPTER NO. 389
(Requested by Councilman Joseph S. Larisa, Jr. & Councilman Gerald R. Lynch)
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.
The ordinance provides for five year terms for the two alternates.
On motion of Mr. Lynch, seconded by Mr. Miranda, and on a roll-call vote with all Council members present and voting, said ordinance is adopted on a 4-0-1 vote with Mayor Grant abstaining.
Roll-call vote as follows:
Mr. Larisa Aye
Mr. Lynch Aye
Mr. Miranda Aye
Mr. Sullivan Aye
Mayor Grant Abstain
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.", adding thereto the following:
ARTICLE V. LOITERING ON PUBLIC AND PRIVATE PROPERTY
Section 10-54. Definition
Section 10-55. Prohibited
Section 10-56. Notice
CHAPTER NO. 390
(Requested by Chief of Police)
The above-entitled ordinance, referred to this time and place for a public hearing and consideration of final passage, is called for hearing.
Milton Stanzler, 30 Argyle Avenue, and Attorney appearing on behalf of the Rhode Island affiliates of the American Civil Liberties Union, addresses the Council. Mr. Stanzler says the language in the ordinance is too vague and speaks on the difficulties of applying the ordinance. He urges the Council to reject the ordinance.
Mr. Larisa states that the only time someone will be charged with violation is if the grounds has the proper signage and the person or persons refuse to leave when asked.
After further discussion, the ordinance is approved on a motion by Mr. Sullivan, seconded by Mr. Miranda, and a unanimous vote of the Council on a roll-call vote.
3) 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.", which amends:
Section I. Section 8-339. entitled "Right of entry for inspection."
Section II. Section 8-348. entitled "Inspection of dwelling.", (a) (b) (1) (2) (3)
CHAPTER NO. 391
(Requested by Fire Chief)
The above-entitled ordinance, referred to this time and place for 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. 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 4 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "BUILDINGS AND BUILDING REGULATIONS.", adding thereto the following:
Section 4-283. Sprinklers required.
CHAPTER NO. 392
(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. 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 ORDINANCE IN AMENDMENT OF CHAPTER 6 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "GARBAGE AND REFUSE.", which amends:
Section I. Section 6-43. entitled "Violation Of Article; penalty." of Article IV entitled "Recyclables.", (a)
CHAPTER NO. 393
(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. 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 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "VEHICLES AND TRAFFIC.", adding thereto the following:
Section I. Article XI entitled "Loading Zones.", Subsection 18-331.
entitled "City Engineer to designate curb loading zones.", adding thereto the following:
Carl T. Thompson School Driveway (west side) from its southern intersection with Ferris Avenue to its northern intersection with Ferris Avenue, school days between 8:00 A.M. and 4:00 P.M.
Section II. Article XI entitled "Loading Zones.", Subsection 18-334.
entitled "School bus loading zone.", adding thereto the following:
Carl T. Thompson School Driveway (east side) from its southern intersection with Ferris Avenue northerly for a distance of approximately 70 feet, school days between 8:00 A.M. and 4:00 P.M.
Carl T. Thompson School Driveway (east side) from its northern intersection with Ferris Avenue Southerly for a distance of approximately 80 feet, school days between 8:00 A.M. and 4:00 P.M.
Section III. Article X entitled "Stopping, Standing and Parking.",
Subsection 18-302. entitled "Parking adjacent to schools prohibited when signs are erected.", adding thereto the following:
Carl T. Thompson School Driveway (east side) from a point approximately 70 feet north of its southern intersection with Ferris Avenue to a point approximately 80 feet south of its northerly intersection with Ferris Avenue, school days between 8:00 A.M. and 4:00 P.M.
CHAPTER NO. 394
(Requested by Law Department)
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. Sullivan, and on a unanimous roll-call vote with all Council members present and voting, said ordinance is adopted.
Planning Department
By Jeanne Boyle, Planning Director
Memo dated 11/29/95 from Planning Board to City Council "Squantum Woods."
Mr. Lemont addresses the Council and makes a recommendation that the City Council take on the property known as Squantum Woods from the State. He says the City will be responsible for the maintenance. Mr. Lemont goes on to say that citizens participation for how the property is to be developed will be very important. Motion to accept made by Mr. Larisa, seconded by Mr. Miranda, and unanimously voted on a roll-call vote.
Mr. Lemont receives Council Consent to discuss the high school roof. He says the bad weather has hampered efforts to check the condition and as it is completed, he will report back to the Council.
Mr. Lemont requests an Executive Session at the end of the meeting to discuss possible acquisition of property.
City Clerk
By Valerie A. Perry, City Clerk
Requesting City Council's approval for dates of the 1996 City Council Meetings.
On motion of Mr. Sullivan, seconded by Mr. Miranda, the Council unanimously votes to change the January meeting dates to January 9 and January 30, 1996. The remaining dates are unanimously approved on motion of Mr. Larisa, seconded by Mr. Miranda.
CLAIMS COMMITTEE
The report from the Claims Committee is unanimously accepted on motion of Mr. Larisa, seconded by Mr. Miranda.
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. Sec 11-237 entitled "Reversionary annuity." is hereby repealed in its entirety.
(Requested by Councilman Joseph S. Larisa, Jr.)
The above-entitled ordinance is introduced.
Mr. Larisa speaks on the ordinance, which allows pensioners to designate anyone as a beneficiary. He says that the ordinance is based on actuarial assumptions, and a pension system with very few people and too high a proportion with reversionary annuity could play havoc with the system. Mr. Larisa makes a motion to approve the ordinance for First Passage, with Final Passage on the January 9, 1996 docket. Mr. Sullivan seconds the motion.
Mayor Grant requests a confidential written report from the City Solicitor and City Manager be provided to each Council member pertaining to the matter before the January 9, 1996 meeting. He asks Mr. Conley if the State Law affects the City Ordinance and Mr. Conley responds that the City is not subject to the State Law because the City's pre-existed State Law, and the law provides for systems with no provisions. Mayor Grant further states that he wants an explanation of why this subject never came up before and also wants an actuary report and wants to know if extreme cases will break the system.
Mr. Miranda states that he wants to see an actuary report and prefers the matter not go any longer than January 9, 1996.
Mr. Sullivan voices his concerns on the matter.
Mr. Lynch says he will not vote in favor of the ordinance tonight and will not vote until the paid professionals of the City come back with a written report.
After further discussion, roll-call vote is taken on the motion.
Mr. Larisa Aye
Mr. Lynch Nay
Mr. Miranda Aye
Mr. Sullivan Aye
Mayor Grant Aye
Motion passes 4-1.
(By Councilman Robert D. Sullivan)
Historic Properties
George Page 42 Star Avenue 02915
(To fill unexpired term of Dennis M. Mullervy - Expires 2-6-96)
On motion of Mr. Sullivan, seconded by Mr. Miranda, George Page is unanimously appointed to the above Board.
Assistant Harbor Master
Kenneth Dixon 82 Lindy Avenue 02915
(Replacing Kenneth Kopecky)
Kenneth Dixon, unanimously appointed as Assistant Harbor Master, on motion by Mr. Sullivan, seconded by Mr. Larisa.
Holiday Display Award Committee
WARD 3 - Rolland R. Grant
1) Anne Bessette 50 Park Road 02915
WARD 4 - Councilman Robert D. Sullivan
1) Helena Brochu 14 Harding Avenue 02915
2) Susan Meyer 75 Terrace Avenue 02915
3) Paul Toolan 86 Terrace Avenue 02915
WARD 2
Mr. Miranda receives Unanimous Consent to appoint Joseph Francis to the Holiday Display Committee. Mr. Francis is appointed on motion of Mr. Miranda, seconded by Mr. Sullivan, and on unanimous vote.
WARD 1
Mr. Lynch states that he will contact the City Clerk with the names of his Committee.
AT LARGE
Mr. Larisa appoints Dylan and Colleen Conley to the Committee.
Motion is made by Mr. Larisa, seconded by Mr. Miranda, and unanimously voted on a roll-call vote to recess the meeting and go into Closed Session to discuss possible land acquisition. The meeting recesses at 9:22 P.M.
DECEMBER 5, 1995
LAND ACQUISITION
The Open Meeting is reconvened at 9:45 P.M. with all Council members present and voting.
Motion is made by Mr. Lynch, seconded by Mr. Miranda, to accept the City Manager's report and authorize him to continue negotiations as discussed in Closed Session.
Motion passes unanimously on a roll-call vote with all Council members present and voting.
The meeting adjourns at 9:47 P.M.
Attest:
Valerie A. Perry, CMC
City Clerk
Approved:___________________________