CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
TUESDAY,
_________________________________________________
The City Council meets in the Council Chamber on Tuesday, July 16, 1996, and is called to order at 8:03 P.M. by Mayor Rolland R. Grant.
Present: Rolland R. Grant ) Mayor
Joseph S. Larisa, Jr. ) Council Members
Gerald R. Lynch )
Norman J. Miranda )
Robert D. Sullivan )
Paul E. Lemont ) City Manager
William J. Conley, Jr. ) City Solicitor
Valerie A. Perry ) City Clerk
Invocation is given by Councilman Norman J. Miranda.
Salute to the Flag is led by Councilman Joseph S. Larisa, Jr.
TO APPROVE THE CONSENT CALENDAR
Motion made by Mr. Larisa, seconded by Mr. Miranda, to remove the minutes of the June 4, 1996 and June 18, 1996 Closed Sessions from the Consent Calendar and keep them closed. Motion passes unanimously on a roll-call vote with all Council members present and voting.
Unanimously approved on a roll-call vote as amended, with all Council members present and voting on motion of Mr. Larisa, seconded by Mr. Miranda.
APPROVAL OF COUNCIL JOURNALS
Regular Meeting - June 4, 1996
Closed Session - June 4, 1996 - Negotiations
Regular Meeting - June 18, 1996
Closed Session - June 18, 1996 - Negotiations
Special Meeting - June 26, 1996 - Permission to Advertise Alcoholic Beverage
License - B&B Tavern
Coastal Resources Management Council - FINDING OF NO SIGNIFICANT IMPACT File No. 96-6-42
Requesting to install (2) 6'0" x 6'8" Anderson patio doors located at: 237 Terrace Avenue, Plat 414, Lot 3. (Roger P. Champagne)
File No. 96-6-67 - FINDING OF NO SIGNIFICANT IMPACT
Requesting to resurface driveway, replace siding on dwelling and garage, location: 45 Seaview Avenue, Plat Map 415, Block 7, Parcel 4. ( Joan M. Gernt)
File No. 96-6-68 - FINDING OF NO SIGNIFICANT IMPACT
Requesting to construct a second story addition as per the approved plans, location: 45 Seaview Avenue, Plat Map 415, Block 7, Parcel 4. (Joan M. Gernt)
File No. 96-6-69 - FINDING OF NO SIGNIFICANT IMPACT
Requesting to re-shingle roof, replace windows and doors, replace/repair siding fascia, soffit and gutters, change roof line on front dormer, located at: 141 Terrace Avenue, Map 414 Block 16, Parcel 2. (David A. Kumiega)
Cancellations/Abatements
City Assessor requesting cancellation of taxes as follows:
Year Amount
1996 $ 14,660.33
1995 208.63
1994 46.36
All CC Items are received as information and passed unanimously on one vote.
East Providence Heritage Week - Week of July 22, 1996
Accepted.
Mr. Larisa states that he has been called away by the Governor on urgent business and receives Council Consent to change the order of business to put his docketed item under "Councilmen Business" on next.
(By Councilman Joseph S. Larisa, Jr.)
School Committee Settlement Negotiations
Mr. Larisa states that he and Mr. Sullivan have been meeting with School Committee members Maria Pinheiro and Nancy Stevens to try and work out a settlement on the $1.1 million judgement awarded by the Commissioner of Education, which the Council has appealed. He says neither the City Council nor the School Committee wants to see a tax increase. He says the two groups agreed to meet together to try to avoid a tax increase, to solve the School Department deficit of $799,000, which occurred before the current Superintendent took office, to provide sufficient funds to get immediate repair of the high school roof, to attempt to normalize relations between the School Committee and City Council, and to try and achieve an approvable budget for 1996-97. He says the two groups reached a tentative settlement framework which still needs to be approved at a future meeting of the City Council and future meeting of the School Committee.
He speaks about contributions from both the School Department and City to pay off the deficit. He suggests the sale of the property on Warren Avenue, which is estimated to raise over $300,000. He says that money could be used for the renovations at Providence Country Day, for a future site of the School Administration. The balance could be paid off over a period of three years.
Another issue Mr. Larisa mentions is that the Council would provide up to $10,000 for suitable legal counsel for the School Department negotiations, which would result in a substantial savings.
Mr. Larisa goes on to suggest that the Council meet with the School Committee prior to the budget process and that the two groups try to work together.
Mr. Sullivan and Mr. Miranda commend the Superintendent and School Committee for working with the Council to try and resolve the issues.
Motion is made by Mr. Larisa, seconded by Mr. Miranda, to return to the regular order of business. Motion passes 5-0.
Mr. Larisa leaves the meeting.
Secondhand Clothing – Transfer
From - Charmine Carpenter
To - Arlene J. DaLuz
dba - Stork Exchange
Location - 198 Newport Avenue
Approved: Chief of Police
Subject to approval from: Building Inspector
Arlene DaLuz, 82 Lauren Drive, Seekonk, MA, is present and sworn.
On motion of Mr. Lynch, seconded by Mr. Miranda, the above license is granted subject to the Building Inspector's approval on a 4-0 vote with Mr. Larisa noted absent.
(Advertised - East Providence Post - June 27 & July 4, 1996
ALCOHOLIC BEVERAGE - Class B Full Privilege - (Victualler) Transfer
From - D & M Sports Tavern, Inc.
dba - B & B Tavern
To - SDJ Restaurant, Inc.
dba - B & B Tavern
Location - 281 Massasoit Avenue
Approved: Chief of Police
Subject to approvals from: Building Inspector, Health Inspector
Jose Estrela, 55 Sumach Street, is present and sworn. With Mr. Estrela is Attorney Paul Bettencourt, 1481 Wampanoag Trail, who answers questions from the Council.
On motion of Mr. Lynch, seconded by Mr. Miranda, and on a roll-call vote 4-0, the request to advertise Alcoholic Beverage transfer is granted subject to all approvals. Mr. Larisa is noted absent.
Victualling/Not over 25 – Transfer
From - D & M Sports Tavern, Inc.
dba - B & B Tavern
To - SDJ Restaurant, Inc.
dba - B & B Tavern
Location - 281 Massasoit Avenue
Approved: Chief of Police
Subject to approvals from: Building Inspector, Health Inspector
On a roll-call vote 4-0, and on motion by Mr. Lynch, seconded by Mr. Miranda, it is voted to grant the license subject to all approvals. Mr. Larisa is noted absent.
Pool Table/Sundays Included – Transfer
From - D & M Sports Tavern, Inc.
dba - B & B Tavern
To - SDJ Restaurant, Inc.
dba - B & B Tavern
Location - 281 Massasoit Avenue
Approved: Chief of Police
Subject to approvals from: Building Inspector
On motion by Mr. Lynch, seconded by Mr. Miranda, it is voted 4-0 to grant the license subject to all approvals. Mr. Larisa is noted absent.
Alcoholic Beverage - Class F - 19 hours beginning at 6:00 A.M. on August 9, 10 & 11, 1996 (Feast)
Applicant - St. Martha's Heritage Festival
Location - 2595 Pawtucket Avenue
Approved: Chief of Police
Subject to approval from: Building Inspector
Mr. Tavares, 57 Grassmere Avenue is present and sworn.
Granted 4-0, subject to Building Inspector's approval on motion of Mr. Sullivan, seconded by Mr. Miranda. Mr. Larisa is noted absent.
Alcoholic Beverage - Class F - 19 hours beginning at 6:00 A.M. on August 2, 3, & 4, 1996
Applicant - Holy Ghost Brotherhood Of Mariense
Location - 59 Brightridge Avenue
Approved: Chief of Police
Ron Amaral, 198 Summit Street is present and sworn.
On motion of Mr. Sullivan, seconded by Mr. Lynch, it is voted 4-0 to grant the license. Mr. Larisa is noted absent.
Sunday/Holiday Sales
Applicant - Frank Medeiros
dba - News Flash
Location - 613 Waterman Avenue
Approved: Chief of Police
Subject to approval from: Building Inspector
Frank Medeiros, 80 Orchard Street is present and sworn.
On motion of Mr. Lynch, seconded by Mr. Miranda, it is voted 4-0 to grant the license subject to approval from the Building Inspector. Mr. Larisa is noted absent.
Victualling/Not over 25 – Transfer
From - Katheryn & Paul K. Sr. McAdams
dba - Pathway Cafe
To - Robert Callison
dba - Pathway Cafe
Location - 292 Bullocks Point Avenue
Approved: Chief of Police, Building Inspector
Subject to approval from: Health Inspector
Robert Callison, 68 Taunton Avenue is present and sworn.
Granted 4-0 subject to approval from the Health Inspector on motion of Mr. Sullivan, seconded by Mr. Lynch. Mr. Larisa is noted absent.
(Deferred from June 18, 1996)
Gatherer
Applicant - Dennis Hurley, 97 Viola Avenue
Approved: Chief of Police
Subject to approval from: Building Inspector
Applicant not present. Deferred on a 4-0 vote on motion of Mr. Sullivan, seconded by Mr. Lynch.
Employment Agency
Applicant - Zekayi Kucukkaya
dba - Star Light Entertainment
Location - 228 Taunton Avenue
Approved: Chief of Police, Zoning Officer
Subject to approvals from: Building Inspector
Zekayi Kucukkaya, 100 Mt. Pleasant View Avenue, Cumberland, Rhode Island is present and sworn.
On motion of Mr. Lynch, seconded by Mr. Sullivan, and on a 4-0 vote, it is voted to grant the license subject to Building Inspector's approval. Mr. Larisa is noted absent.
Victualling - Class 3/Not over 25 – Transfer
From: - Terry's Corner
To: - Lucille Obenchain & John Chaves
dba - The Corner Restaurant
Location - 447 Willett Avenue
Subject to approvals from: Chief of Police, Building Inspector, Health Inspector
Applicant not present. Motion to defer is made by Mr. Sullivan, seconded by Mr. Miranda, and voted 4-0. Mr. Larisa is noted absent.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
ORDINANCES - FINAL PASSAGE - (Given First Passage, June 18, 1996)
Advertised - Providence Journal - July 8, 1996
AN ORDINANCE IN AMENDMENT OF CHAPTER 10 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "NUISANCES." Section I. ARTICLE I entitled "IN GENERAL." adding thereto the following:
Section 10-27. Installation of electric fence. (1) (2) (3) (4)
CHAPTER NO. 408
(Requested by Councilman Robert D. Sullivan)
The above-entitled ordinance referred to this time and place for a public hearing and consideration for Final Passage, is called for hearing.
Mr. Sullivan speaks on the ordinance.
Michael Cute, 46 Somerset Street is present and sworn. Mr. Cute speaks about the problems in the neighborhood and speaks of his concern that no signs are posted on the property regarding the electric fence.
Mr. Conley speaks on the requirements outlined in the ordinance, which include the posting of signs, liability insurance, etc. He says while the ordinance does not outlaw electric fences, it requires several regulations which have to be met.
Mr. Sullivan directs the City Manager to contact the Building Inspector in the morning and have him deliver in person a copy of the ordinance and inform the person as to the regulations of the ordinance.
On motion of Mr. Sullivan, seconded by Mr. Miranda, and on a 4-0 roll-call vote, said ordinance is adopted. Mr. Larisa is noted absent.
Block Party
Jason Martin, 244 Mercer Street
Re: Requesting permission for a block party at Lyon Avenue and Seventh Street (opposite Pierce Field) on July 20, 1996 from 7:00 P.M. to 11:00 P.M..
Jason Martin, 244 Mercer Street, is present and sworn. The petition presented by Mr. Martin is entered into the record. Jason Martin's father is present and says he will oversee the party. After answering questions from the Council, motion to approve is made by Mr. Miranda, seconded by Mr. Sullivan, and voted 4-0. Mr. Larisa is noted absent.
Block Party
Becky Morency, 29 Harvey Avenue & Colleen Pereira, 25 Harvey Avenue
Re: Requesting a block party on Harvey Avenue, Saturday, August 24, 1996 from 3:00 P.M. to 9:00 P.M..
Rebecca Morency and Coleen Pereira are present and sworn.
On motion of Mr. Sullivan, seconded by Mr. Miranda, and on a 4-0 vote, it is voted to approve the request. Mr. Larisa is noted absent.
Law Department
By William J. Conley, Jr., City Solicitor
Re: Agreement regarding Dissolution of East Providence Neighborhood Housing Services.
It is voted 4-0 to accept the report on motion of Mr. Sullivan, seconded by Mr. Miranda. Mr. Larisa is noted absent.
The meeting recesses at 9:00 P.M. and reconvenes at 9:10 P.M. Mr. Larisa is noted absent.
Personnel Hearing Board
Re: Minimum qualifications for Police Officers
Chief Dias gives his recommendations for entry level qualifications of Police officers, and his reasons for the recommendation. He states that college level applicants score higher on tests, and requiring applicants to have an Associate's or Bachelor's Degree will save the City money in testing process.
A discussion is held regarding narrowing the requirement to a law enforcement degree.
Mr. Lemont comments on the need for the educational requirement.
After further comments by the Council, Mr. Sullivan makes a motion to defer the matter to the next meeting. Mr. Miranda seconds the motion, which passes 4-0. Mr. Larisa is noted absent.
Mr. Lynch asks the Chief for a list of the top 30 applicants of the last test, to give him an idea of the backgrounds, and a report on the educational requirements of other Police Departments.
On motion of Mr. Lynch, seconded by Mr. Miranda, and on a 4-0 roll-call vote, it is voted to accept the Claims Committee report. Mr. Larisa is noted absent.
(By Councilman Robert D. Sullivan)
1) Speed Limit - Wampanoag Trail
Councilman Sullivan reports that the speed limit on the Wampanoag Trail will be reduced to 45 MPH as of July 25, 1996. He reminds the public that this road is a State highway and the State says it cannot afford a traffic light, which many people have asked for. He urges citizens to write letters to the General Assembly.
2) Enforcement of Boom Box ordinance
Mr. Sullivan says that the Police Department will be enforcing this ordinance.
(If given First Passage can be referred to the next regular Council meeting to be held on August 20, 1996 for a public hearing and consideration of Final Passage)
AN ORDINANCE IN AMENDMENT OF CHAPTER 12 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "POLICE"., which amends:
SECTION I. Subsection (6) of Section 12-18 entitled "Qualifications for Appointments."
SECTION II. Section 12-18 entitled "Qualifications for Appointments.", adding thereto the following: (8) (9)
(Requested by City Manager)
Deferred.
(By Mayor Rolland R. Grant)
Assistant Harbor Master
Walter B. Field 85 Lincoln Avenue 02915 (G)
Mayor Rolland R. Grant recommends and appoints Walter B. Field as Assistant Harbor Master.
(By Councilman Norman J. Miranda)
Senior Citizens Advisory Board
Edward Silva 1074 Waterman Avenue 02914 (M)
Mr. Miranda appoints Edward Silva to the above Board.
Paul Frechette - Representing: Elmwood Dodge, Inc. & Tasca Ford, Inc. Re: Requesting repeal of Inventory Tax on automobile dealerships.
Attorney Paul Frechette addresses the Council regarding the inventory tax. He says the General Assembly voted that the Cities and towns could repeal the tax, but did not give alternative solutions. He suggests the Council go back to the General Assembly and ask them to come up with alternatives to the tax.
Mr. Lemont states that repealing this tax would mean a loss of $604,163 from car dealerships located in the City, which equates to an additional 60 cents on every dollar. He says he does not believe the City will benefit from a repeal of the tax.
The meeting adjourns at 10:12 P.M.
Attest:
Valerie A. Perry, CMC
City Clerk
Approved:__________________________________