CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
8:00 P.M.
The City Council meets in the Council Chamber on Tuesday, October 3, 1995, 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
(Jane Cormier, 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. Mr. Miranda asks for a special intention for Carousel Manager, Edward Amaral, Sr., who passed away
Salute to the Flag is given by Councilman Robert D. Sullivan.
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 to approve the Consent Calendar.
Coastal Resources Management Council
File No. A95-8-91 - FINDING OF NO SIGNIFICANT IMPACT
Requesting to install above ground pool in location as shown on plan--located at Plat 19, Lot 1, 83 Read Street. (Richard & Christine Pompei)
File No. 95-9-16 - FINDING OF NO SIGNIFICANT IMPACT
Requesting to resurface roadway as per statewide resurfacing program, located at Veterans Memorial Parkway, No Plat, No Lot. (RIDOT)
File No. A95-8-67 - ASSENT
Requesting demolition/removal/restoration of existing auxiliary separator, spillway, and abandoned freshwater pump house, located off Wampanoag Trail, (Route 114) Plat 210, Lot 8. (Mobil Oil Corp)
File No. A95-9-24 - RESIDENTIAL ASSENT
Requesting to construct two additions to existing cottage structure to facilitate handicap accessibility. Total addition area is approximately 60 sq ft, located at 2-4-6- Beach Point Drive, Plat 513, Lot Block 36, Lot 1. (Barbara St. Pierre)
All CRMC reports are received as information.
PROCLAMATIONS, PRESENTATIONS & INTRODUCTIONS
October, has been declared as "Down Syndrome Awareness Month"
Accepted.
ALCOHOLIC BEVERAGE LICENSE - Class B Full Privilege (Victualer) Transfer
From - PJT's Pub, Inc.
To - Brownie's Bar & Grille, Inc.
dba - Brownie's Bar & Grille
Location - 855 Waterman Avenue
Approved: Chief of Police
Subject to approvals from: Building Inspector, Health Inspector
Attorney Daniel J. Silva, representing the applicant, addresses the Council.
Daniel L. Brown, 2 Stanley Street, Attelboro, Massachusetts, is present and sworn.
On motion of Mr. Miranda, seconded by Mr. Sullivan, it is unanimously voted on a roll-call vote with all Council members present and voting to approve the license, subject to all approvals.
Arcaro, Belilove and Kolodney
By Samuel J. Kolodney, Attorney
Letter of objection due to indebtedness.
Withdrawn.
Victualling/Not over 50 - Transfer
From - PJT's Pub, Inc.
To - Brownie's Bar & Grille, Inc.
dba - Brownie's Bar & Grille
Location - 855 Waterman Avenue
Approved: Chief of Police
Subject to approvals from: Building Inspector, Health Inspector
On motion of Mr. Miranda, seconded by Mr. Sullivan, it is voted 5-0 to approve the license, subject to all approvals.
Gatherer
Applicant - Charles Torres, 165 Circuit Drive
Approved: Chief of Police
On motion of Mr. Lynch, seconded by Mr. Sullivan, it is unanimously voted to defer.
Alcoholic Beverage - Class F - 19 hours beginning at 6:00 A.M. on October 14, 1995
Applicant - St Martha's Church
Location - 2595 Pawtucket Avenue
Subject to approval from: Chief of Police
Unanimously granted on motion of Mr. Miranda, seconded by Mr. Lynch, subject to Police Chief's approval.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
ORDINANCES - FINAL PASSAGE - Advertised - Providence Journal
September 25, 1995
NOTE: BUDGET
1) AN ORDINANCE ORDERING THE ASSESSMENT AND COLLECTION OF PROPERTY TAX ON THE RATABLE REAL ESTATE, TANGIBLE PERSONAL PROPERTY AND AN EXCISE TAX ON REGISTERED MOTOR VEHICLES AND TRAILERS. (Budget)
CHAPTER NO. 374
The above-entitled ordinance, referred to this time and place for a public hearing, is called for hearing.
There are no persons present who wish to be heard.
On motion of Mr. Lynch, seconded by Mr. Sullivan and on a unanimous roll-call vote with all Councilmen present and voting, said ordinance is adopted.
2) AN ORDINANCE AUTHORIZING THE DIRECTOR OF FINANCE TO BORROW FUNDS IN ANTICIPATION OF TAXES. (Budget)
CHAPTER NO. 375
The above-entitled ordinance, referred to this time and place for a public hearing, 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.
3) 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 11-111 entitled "Adoption."
(Pay Plans)
CHAPTER NO. 376
The above-entitled ordinance is introduced.
Attorney Robert Silva, Legal Council for the School Committee, asks if this ordinance relates to the School Department and asks if he can make his remarks at this time. Mr. Conley states that this ordinance is the Pay Plan of the Budget, and the ordinance regarding the School Department will come up under Introduction of Ordinances for First Passage, and will be placed on the October 17, 1995 docket for Public Hearing and Final Passage. Mr. Silva states that he will not be present at the October 17th meeting and asks if the Public Hearing can be deferred to the next Council meeting, scheduled for November 7, 1995. The Council agrees.
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.
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.", which amends Section 4-333. entitled "Noxious weeds and overgrown yards."
Section 4-333. Noxious weeds, overgrown yards and natural debris.
(Overgrown vegetation in yards)
CHAPTER NO. 378
(Requested by Councilman Norman J. Miranda)
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 14 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED, "STREETS AND SIDEWALKS." which on 14-44. entitled "Duty of owner or occupant to cut grass." (Grass cutting)
CHAPTER NO. 379
(Requested by Councilman Norman J. Miranda)
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. 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 7 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "HEALTH AND SANITATION." which amends Section 7-2. entitled "Poison ivy, Jimson weed, etc.", is hereby repealed.
(Poison ivy, Jimson weed, etc)
CHAPTER NO. 380
(Requested by Councilman Norman J. Miranda)
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.
City Clerk
Renewal of Annual License
Requesting authorization be granted to renew subject licenses, excluding alcoholic beverage licenses, for year commencing December 1, 1995, upon application by licensee and approval by Police Chief and, as required, by Health Inspector and other City Officials; and requesting also to be advised of any licenses to be deferred or withheld from the renewal process.
Mr. Lynch makes a motion, seconded by Mr. Larisa, to remove the Sunday Video Sales licenses from the list and to have the City Manager instruct the Police Chief to look into what type of material the video stores are selling.
Motion passes 5-0.
Mr. Sullivan makes a motion, seconded by Mr. Miranda, to remove the Gatherers' licenses from the list. Motion passes 5-0.
Mr. Larisa makes a motion, seconded by Mr. Lynch, to renew all other licenses subject to stipulations as noted and that such stipulations be noted on the face of the license. Motion passes 5-0.
Law Department
By William J. Conley, Jr., City Solicitor
Claims procedure for sewer backup.
Mr. Conley reports that handouts will be given immediately explaining the rights for claims of sewer backup, along with a sheet that will list a number of vendors that can be called to get raw sewage out of the house.
Motion made by Mr. Larisa, seconded by Mr. Miranda to receive as information.
Motion passes 5-0.
Mr. Lemont announces that a check for $35,000 was received from Mobil Corporation to be used for refurbishing the Girl Scout House in Riverside.
Mr. Lemont asks for Unanimous Consent to discuss negotiations at the end of the meeting.
1) Request for funds/Dover Avenue
Mr. Lemont speaks on the Dover Avenue flooding problem and what has been proposed to alleviate the problem. He makes a request of the Council to transfer an amount not to exceed $75,000 from the Sale of Surplus Property account to solve the problem.
Mr. Lynch speaks about a raw sewage problem in the Rumford area and says that it is a health issue which should be addressed.
Mr. Larisa expresses his surprise that this item is on the docket, and asks that in the future a memo be given to the Council prior to the meeting, which will address the need and inform the Council if there are problems in other areas that are greater than the one proposed.
Mr. Sullivan speaks on the issue and requests Mr. Lemont to look at the problem in the Rumford area.
Mr. Lynch requests Mr. Lemont and Julia Forgue to report back to the Council with a written report, which will include diagrams, plans and the exact cost to solve the sewage problem in Rumford.
2) Squantum Woods/Request for referral to Planning Board
Mr. Lemont addresses the Council about preserving a portion of land in the Squantum Woods/Watchemoket Cove area for future generations. He says he has been after the State to do something with Squantum Woods and has received a reply from DEM. Mr. Lemont says that before the City Council can do anything, the matter has to be referred to the Planning Board. Motion is made by Mr. Larisa, seconded by Mr. Miranda, to refer the matter to the Planning Board.
Motion passes 5-0.
The meeting recesses at 9:07 P.M. and reconvenes at 9:15 P.M. with all Council members present.
Law Department
By William J. Conley, Jr., City Solicitor
Agreement between Self-Help and City of East Providence for approval.
Motion to approve made by Mr. Sullivan, seconded by Mr. Larisa, and unanimously voted on a roll-call vote.
CLAIMS COMMITTEE
The report from the Claims Committee is unanimously accepted on motion of Mr. Miranda, seconded by Mr. Sullivan.
(By Councilman Robert D. Sullivan)
Consolidation/Municipality and School Department
Mr. Sullivan speaks on the consolidation of School Department and City services, which he says would reduce school costs. He proposes the following:
1) Sale of the Warren Avenue School with proceeds to go towards the replacement of the High School roof.
2) A meeting with the City Manager, Superintendent of Schools, two members of the City Council and two members of the School Department, along with the City Solicitor to discuss the issues.
3) The consolidation of the Payroll and Purchasing Departments of the School Department with the City.
After further discussion, Mr. Sullivan makes a motion for consolidation and a meeting with the School Department and City government to work out details of the consolidation. Mr. Miranda seconds the motion, which passes unanimously on a roll-call vote. Mayor Grant and Mr. Sullivan will represent the City Council at the meeting.
RESOLUTION REQUESTING AUTHORIZATION TO ALLOW THE CONSOLIDATION OF THE CITY OF EAST PROVIDENCE/EAST PROVIDENCE SCHOOL DEPARTMENT ADMINISTRATIVE SERVICES.
RESOLVE NO. 23
(Requested by Councilman Joseph S. Larisa, Jr. and Councilman Robert D.
Sullivan)
Mr. Larisa speaks on the Resolution for Consolidation. He says the goal is to provide the same level of service without cost to the taxpayer. He says if an agreement is not reached, the resolution will request legislative action. After
discussion, motion to adopt the resolution is made by Mr. Larisa, seconded by Mr. Lynch, and unanimously voted on a roll-call vote.
(If given first passage can be referred to the next regular Council meeting to be held on October 17, 1995 for a public hearing and consideration of final passage)
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 Section I. 2-166. entitled "Created"; composition; appointment of members generally; qualifications and compensation of members.", of Division 7. entitled "Planning Board." (a) (b) Section II. Section 2-168. entitled "Appointment of first members; term of office; vacancies; removal from office." of Division 7. entitled "Planning
Board."
(Requested by Councilman Joseph S. Larisa, Jr. and Councilman Gerald R. Lynch)
(Deferred from September 19, 1995 Council meeting)
The above-entitled ordinance is removed from the docket on motion by Mr. Larisa, seconded by Mr. Lynch and voted 5-0.
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 18-269 entitled "Stop and yield intersections designated; when stops required." by adding thereto the following:
Sherman Street (eastbound and westbound traffic) at its intersection with Providence Avenue.
(Requested by Councilman Robert D. Sullivan)
The above-entitled ordinance is introduced and, on motion of Mr. Sullivan, 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 17, 1995, for a public hearing and consideration of final passage.
3) 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 Article III. entitled "Personnel Plan", adding thereto the following:
Section 11.75. Ratification of collective bargaining agreements.
(Requested by Mayor Rolland R. Grant)
The above-entitled ordinance is introduced and on motion of Mr. Larisa, seconded by Mr. Sullivan and on a unanimous roll-call vote, it is voted to place this ordinance on the November 7, 1995 docket for public hearing and consideration of final passage.
Juvenile Hearing Board
R Louis Proccacini 349 Juniper Street 02914 (M)
On motion of Mr. Miranda, seconded by Mr. Lynch, it is unanimously voted to reappoint Louis Proccacini to the above Board.
Harold Schein - 1 Richmond Square, Providence, Rhode Island 02906
Requesting to address the Council re: Inventory Taxes.
Deferred to November 7, 1995 on motion of Mr. Larisa, seconded by Mr. Miranda.
Motion is made by Mr. Lynch, seconded by Mr. Larisa, and unanimously voted to go into Closed Session to discuss negotiations. Motion passes unanimously on a roll-call vote.
The Open Meeting recesses at 10:10 P.M. and goes into Closed Session.
The Open Meeting reconvenes at 10:30 P.M. with all Council members
present.
Mr. Miranda replace Mayor Mayor Grant states that Mr. Miranda will replace him as Council Grant/City Council/Representative along with Mr. Sullivan for the City Council/School Department meeting of consolidation.
Motion to adjourn is made by Mr. Miranda, seconded by Mr. Larisa.
Meeting adjourns at 10:30 P.M.
Attest:
Valerie A. Perry
City Clerk
Approved:_____________________________
CLOSED SESSION
OCTOBER 3, 1995
NEGOTIATIONS