CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
TUESDAY,
__________________________________________
The City Council meets in the Council Chamber on Tuesday, June 4, 1996, and is called to order at 8:00 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
(Claudia Merandi, Merandi Reporting, is present to record the proceedings of the public hearings)
TO APPROVE THE CONSENT CALENDAR
On a unanimous roll-call vote, motion is made by Mr. Larisa, seconded by Mr. Lynch, to remove and keep closed the minutes of the May 6, 1996 Closed Session regarding Possible Litigation from the Consent Calendar. Motion passes 5-0.
Motion is made by Mr. Larisa, seconded by Mr. Lynch, and is unanimously voted on a roll-call vote with all Council members present and voting, to approve the Consent Calendar as amended.
APPROVAL OF COUNCIL JOURNALS
Regular Meeting - May 6, 1996
Closed Session Re: Possible Litigation - May 6, 1996
Regular Meeting - May 21, 1996
Alcoholic Beverage - Class F - 19 hours beginning at 6 AM July 19, 1996
Applicant - East Providence Little League (c/o Frank Fogarty)
Location - St Martha's Church
Approved by Chief of Police
Alcoholic Beverage - Class F - 19 hours beginning at 6 AM July 12 to July 14, 1996
Applicant - Teofilo Braga Club
Location - 26 Teofilo Braga Way
Approved by Chief of Police
Alcoholic Beverage - Class F - 19 hours beginning at 6 AM July 19 to July 21, 1996
Applicant - Holy Ghost Brotherhood of Charities
Location - 59 Brightridge Avenue
Approved by Chief of Police
Alcoholic Beverage - Class F - 19 hours beginning at 6AM June 20 to June 23, 1996
Applicant - East Providence Recreation Department
- Bud Light Tournament
Location - Agawam Field
Subject to approval from Chief of Police
Alcoholic Beverage - Class F - 19 hours beginning at 6AM July 26, 27, 28, 1996
Applicant - East Providence Recreation Department
- Heritage Days
Location - Pierce Field
Subject to approval from Chief of Police
Coastal Resources Management Council – ASSENT File No. B95-11-38
Requesting to maintain "As Built.", riprap revetment (structural shoreline protection) constructed beyond scope of CRMC assent A95-5-12; located at Map 313, Block 1, Lot 008.00; between nos. 220 and 226, Narragansett Avenue. (City of East Providence)
Coastal Resources Management Council - FINDING OF NO SIGNIFICANT IMPACT File No. 96-5-2
Requesting to construct a timber deck attached to dwelling as per the approved plans; located at 333 Seaview Avenue, Plat Map 414, Block 7, Lot 7. (Marilyn J. Walsh)
All CC Items are received as information and approved on one vote.
Additional Hours
Advertised - Providence Journal - May 10, 17 & 24, 1996
Applicant - Gabriel Pacheco
dba - Gabriel's Exxon
Location - 69 Taunton Avenue
Approved: Chief of Police - Subject to approval from: Building Inspector
Gabriel Pacheco, 12 College Lane, Barrington, Rhode Island, is present and sworn. Mr. Pacheco is told he cannot sell food until he receives approval from the Building Inspector and Health Inspector.
On motion of Mr. Miranda, seconded by Mr. Sullivan and on a unanimous roll-call vote with all Council members present and voting, it is voted to approve the above license subject to all approvals.
Sunday/Holiday Sales
Applicant - Gabriel Pacheco
dba - Gabriel's Exxon
Location - 69 Taunton Avenue
Approved by Chief of Police
On motion of Mr. Miranda, seconded by Mr. Larisa, it is unanimously voted to approve the above license.
Secondhand/Auto - Transfer of Location
Applicant - E'Zee Car Rental & Leasing Co., Inc.
dba - Collyer Auto Sales
Location - From 901 Taunton Avenue to 407 Taunton Avenue
Approved: Chief of Police - Subject to approval from Building Inspector and Zoning Officer
Stephanie Anatone, 530 Angell Road, Lincoln, Rhode Island, and Domenic Carcieri, 16 Riata Drive, Lincoln, Rhode Island are present and sworn.
On motion of Mr. Miranda, seconded by Mr. Larisa, and on a unanimous roll-call vote with all Council members present and voting, it is voted to grant the above license subject to all approvals.
Gatherer
Applicant - Richard Salzillo, 64 Sterling Street
Approved by Chief of Police - Subject to approval from Building Inspector
Unanimously granted subject to Building Inspectors approval on motion of Mr. Miranda, seconded by Mr. Larisa.
Gatherer
Applicant - Jonathan D. Killian, 2 Beaumont Street
Approved by Chief of Police - Subject to approval from Building Inspector
At the request of the applicant, motion to defer to June 18, 1996 Council meeting is made by Mr. Larisa, seconded by Mr. Miranda. Motion passes 5-0.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
Presentation of recommendations for 1996-97 CDBG funding; City Council authorization of budget and programs.
Jeanne Boyle presents the CDBG recommendations totaling $829,000 to the Council for approval. (Full report on file)
Mr. Lynch explains that only certain areas of the City qualify for CDBG funds.
Katherine Lybrook, Director of the East Bay Economic Initiative speaks and asks the Council to reconsider funding for the program.
Mr. Larisa requests one change and makes the following motion. The money allocated for the job training at MotoRing will be reduced by $2500, and the Meeting Street Center will be allocated $2500.
Motion is made by Mr. Miranda, seconded by Mr. Larisa, to approve the recommendations with Mr. Larisa's change. Motion passes unanimously on a roll-call vote.
the meeting recesses at 8:50 P.M. and reconvenes at 9:00 P.M. with all Council members present.
(Given First Passage, May 21, 1996)
Advertised - Providence Journal - May 24, 1996
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 18-315 entitled "Reserved parking designated--Handicapped parking.", adding thereto the following:
Orchard Street (north side), in front of house number 92, from a point 600 feet east of Purchase Street, easterly for a distance of 30 feet.
CHAPTER NO. 406
(Requested by: Director of Public Works)
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. Miranda, seconded by Mr. Larisa, and on a unanimous roll-call vote with all Council members present and voting, said ordinance is adopted.
1. (By Annmarie Maciel, R.N. - Marketing/Public Relations - Edmund Place Health Center, 350 Taunton Avenue
Requesting three handicapped parking spaces on Taunton Avenue in front of Edmund Place Health Center, and a painted cross walk.
Chief Gerald Bessette, Fire Chief, states that they have petitioned the State Traffic Commissioner for no parking at all in this area. Mr. Lynch makes a motion to refer the matter to the City Manager. Motion is seconded and unanimously voted.
2. (By Brian M. Thetonia, 6 Hilltop Road)
Requesting that the sewer line on Hilltop Road be extended to his residence.
Brian M. Thetonia, 6 Hilltop Road, is present and sworn. Mr. Thetonia says his street has sewers and he asks that his house be connected. Mr. Lemont estimates the job to cost between $8,000 and $9,000. A discussion is held on where the money will come from, and it is decided to take money from the Sale of Surplus Property account. Motion is made by Mr. Sullivan, seconded by Mr. Miranda, to take the money from the Sale of Surplus Property account, not to exceed $10,000. Motion passes unanimously on a roll-call vote.
(Deferred from May 21, 1996)
Bell for East Providence
Mr. Lemont shows the Council a piece of the East Providence bell, which was housed in the old City Hall and was destroyed by the fire of 1976.
He speaks about having a new bell made from the brass of the existing bell, and says he hopes to form a committee that will reach out to other community groups and will raise funds for the project.
Motion to approve the request is made by Mr. Lynch, seconded by Mr. Miranda and voted unanimously.
Law Department
By William J. Conley, Jr., City Solicitor
1. Re: Memorandum requesting the approval of a Grant of Easement for construction of a sewerage pumping station and authorization for the Mayor and Director of Finance to execute same.
On motion of Mr. Lynch, seconded by Mr. Larisa, it is unanimously voted to approve the above request.
2. Easement between City of East Providence and Roderick S.K. O'Connor and Edna G. O'Connor
On motion of Mr. Larisa, seconded by Mr. Miranda, it is unanimously voted to approve the above request.
Finance Department
By James F. McDonald, Finance Director
Requesting approval to award a contract for the twenty four (24) month lease/purchase financing ($1.00 byout) for eight (8) police cruisers.
On motion of Mr. Lynch, seconded by Mr. Miranda, it is voted unanimously to approve the above request.
On motion of Mr. Larisa, seconded by Mr. Miranda, it is unanimously voted on a roll-call vote to approve the Claims Committee report.
(By Mayor Rolland R. Grant)
1. School Department award by Department of Education for $1.1 million.
Mayor Grant speaks on the impact of additional tax dollars and says it is imperative that the City Council appeal the decision. Mr. Miranda says he was hoping the Council could sit down with the School Committee and reach a compromise. Mr. Larisa says he tried to discuss this with the School Committee, but they are reluctant to discuss the issue. Mr. Miranda says he wants it in the record that the Council was close to settling the issue when the decision came down. Mr. Lynch explains that if the issue is not appealed tonight, there will be an immediate tax increase of $1.10. He says the School Committee did not sue the Council, they sued the taxpayers.
Mr. Lemont speaks on the issue. He reviews the history of the budget allocation to the School Department and says the public should know the facts. Mr. Larisa speaks and reads from the decision. Mr. Conley says the decision cannot be reconciled with existing statutes or with case precedent. After further discussion, motion is made by Mr. Larisa, seconded by Mr. Lynch, to authorize the City Solicitor to appeal the decision by the Department of Education. Motion passes unanimously on a roll-call vote.
2. Explanation of City Income Tax
Mayor Grant speaks on his proposed City Income Tax and explains his reasons for the proposal. He says he simply gave the idea to the City for further study.
3. Congratulating the graduates of the first Citizens Police Academy
Mayor Grant speaks on the Citizens Police Academy and congratulates the graduates and the Police Department for a successful program. Acting Police Chief Gary Dias speaks and says all Police Officers volunteered their time. Another program will be run in the Fall.
4. Update on Providence Country Day
Mayor Grant speaks of the written agreement with PCD and says he was not aware some of the things were discussed with the Council. He speaks of the plan for PCD to continue use of some of the buildings until 1997. Mr. Larisa explains the agreement and says the City will not be ready until November 1, 1997 and says it is better to have the building occupied. He says PCD has agreed to pay rent on Memorial Hall until December 1, and that they will pay a penalty fee if they don't vacate within the allocated time. He says Breed and Sweetland Halls will be occupied until March 1997, and they will pay penalties after that time.
Mr. Miranda receives Unanimous Consent to ask for approval of a Class F Alcoholic Beverage License for the Cape Verdean Club for June 9, 1996. Motion to approve is made by Mr. Miranda, seconded by Mr. Lynch, and unanimously voted on a roll-call vote.
Mayor Grant receives Unanimous Consent to speak on a communication from the League of Cities and Towns regarding a pending bill pertaining to diabetes. He urges citizens to contact the Senators to act on this bill.
1. RESOLUTION FOR ABANDONMENT OF HILLCREST AVENUE
RESOLVE NO. 31
Elsie Carol Metcalf, 3 Bergin Street, is present and sworn. She states she has concerns about the easement, and says it needs to be very specific. Mayor Grant explains that it will be a conservation area, not an easement. Ms. Metcalf claims that there has been dumping of tires and stumps and Mr. Larisa asks her if she has physically seen the tires dumped.
Mr. Conley says illegal dumping of tires should be referred to DEM, and anything illegal could result in a loss of the abandonment. Mr. Conley advises that the City is abandoning the property, and it will not belong to the City. Whoever buys this property will have the burden of maintaining the land, and regardless of whether it is private property or not, there can be no illegal dumping on it.
Adolph Littlefield, 15 Bergin Street, is present and sworn. He says he knows that three tires have been buried there.
After further discussion, motion to adopt is made by Mr. Miranda, seconded by Mr. Sullivan,and unanimously voted on a roll-call vote.
2. RESOLUTION REQUESTING A LEGISLATIVE GRANT TO ASSIST IN THE ACQUISITION OF THE "WEST CAMPUS" OF PROVIDENCE COUNTRY DAY SCHOOL FOR PUBLIC USE RESOLVE NO. 32
(Resolution No. 32 & 33 requested by Councilman Larisa)
Mr. Larisa asks the City Clerk to read the Resolution and explains that the Council is trying to raise $50,000 for a Legislative grant to help with the PCD purchase.
The above-entitled resolution is introduced and on motion of Mr. Larisa, seconded by Mr. Miranda, and on a unanimous roll-call vote with all Council members present and voting, is adopted.
3. RESOLUTION REQUESTING A FEDERAL GRANT TO ASSIST IN THE ACQUISITION OF THE "WEST CAMPUS" OF PROVIDENCE COUNTRY DAY SCHOOL FOR PUBLIC USE RESOLVE NO. 33
The above-entitled resolution is introduced and, on motion of Mr. Larisa, seconded by Mr. Sullivan, and on a unanimous roll-call vote with all Council members present and voting, is adopted.
(If given first passage, can be referred to the next regular Council meeting to be held June 18, 1996 for a public hearing and consideration of final passage).
AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "MOTOR VEHICLES AND TRAFFIC," which amends:
1. Article X entitled "Stopping, Standing and Parking," Subsection 18-307 entitled "Parking prohibited at all times" by deleting therefrom the following:
AMARAL STREET (east side) from Wampanoag Trail north to dead end.
2. Article X entitled "Stopping, Standing and Parking," Subsection 18-307 entitled "Parking Prohibited at all times" by adding thereto the following:
AMARAL STREET (east side) from Wampanoag Trail north for a distance of 152 feet.
AMARAL STREET (east side), from a point 236 feet north of Wampanoag Trail, northerly to its dead end.
(Requested by Mayor Grant)
The above-entitled ordinance is introduced by unanimous consent and, on motion of Mr. Larisa, 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 June 18, 1996, for a public hearing and consideration of final passage.
(By Mayor Rolland R. Grant)
Special Police Officer
Sandra Sanford 130 Evergreen Drive Apt 29 02914
Mayor Grant recommends the above be elected Special Police Officer.
On motion of Mr. Sullivan, seconded by Mr. Miranda, it is voted that the above be elected Police Constable for the term expiring December 1, 1996, subject to conformance with all the rules and regulations.
Crossing Guard
Mary Cayer Warren Avenue 02914
Mayor Grant recommends that the above be appointed Crossing Guard.
On motion of Mr. Sullivan, seconded by Mr. Miranda, and on a unanimous vote, it is voted to appoint the above as Crossing Guard.
(By Councilman Robert D. Sullivan)
Zoning Board of Review (Reappointment)
Eugene Saveory 78 Dyer Avenue 02915
On motion of Mr. Miranda, seconded by Mr. Sullivan, it is unanimously voted to reappoint Eugene Saveory to the above Board.
Request for Executive Session/Negotiations
On motion of Mr. Larisa, seconded by Mr. Miranda, it is unanimously voted on a roll-call vote to go into Executive Session to discuss negotiations. The Open Meeting recesses at 10:55 P.M. and goes into Executive Session.
(Closed Session - Negotiations)
The meeting resumes in Open Session at 11:25 P.M. and adjournes at 11:30 P.M.
Attest:
Valerie A. Perry, CMC
City Clerk
Approved:___________________________
JUNE 4, 1996
CLOSED SESSION
NEGOTIATIONS
(See separate folder)
The meeting resumes in Open Session at 11:25 P.M. and adjourns at 11:30 P.M.
Attest:
Valerie A. Perry, CMC
City Clerk
Approved:________________________________