CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL REGULAR COUNCIL MEETING
MONDAY,
The City Council meets in the Council Chamber on Tuesday, May 6, 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 not present to record the proceedings of the public hearings)
Invocation is given by Mayor Rolland R. Grant.
Salute to the Flag is led by Councilman Robert D. Sullivan.
TO APPROVE THE CONSENT CALENDAR
On motion of Mr. Larisa, seconded by Mr. Lynch, and on a unanimous roll-call vote with all Council members present and voting, it is voted to keep the Closed Session of April 16, 1996 closed and approve the Consent Calendar as amended.
APPROVAL OF COUNCIL JOURNALS
Regular Session - April 16, 1996
Closed Session - April 16, 1996
On motion of Mr. Larisa, seconded by Mr. Lynch, it is unanimously voted to remove the Closed Session from the Consent Calendar.
Coastal Resources Management - ASSENT - CORRECTED NOTICE File No. 96-4-41
Requesting to construct and maintain: "Phase 2" of "East Bay Pipeline" project consisting of Contracts 2, 7, 6, 3. Attached project description. (Project includes Providence River and Bullocks Cove crossings) See also RIGL Sec 46-15, Bristol County Water Supply Act. Location; West of Fields Point (Providence) to east of Nayatt Point. (See Locus and large scale plans) (Bristol County Water Authority)
File No. 96-4-73
Requesting to replace roof shingles, Map 414, Block 21, Parcel 3, located at 210 Terrace Avenue. (Godfrey Allen)
Town of Middletown - RESOLUTION
By Barbara L. Nash, CMC
Requesting support of: Resolution relative to expansion and improvements at McCoy Stadium.
Tag Days - May 22, 23, 24, 25, 1996
Applicant - VFW-Primmer-Cordeiro
Location - East Providence
Approved: Chief of Police
Tag Days - May 24 & 25, 1996
Applicant - American Legion Auxiliary Post #10
- Rose Conroy
Location - East Providence
Subject to approval from: Chief of Police
Cancellations/Abatement
The City Assessor requesting cancellation of taxes as follows:
Year Amount
1995 $ 2,287.03
1994 41.17
1993 12.46
1992 196.79
Alcoholic Beverage License - Class F - 19 hours beginning at 6:00 A.M. on May 24, 25, & 26, 1996
Applicant - Holy Ghost Beneficial Brotherhood
Location - 51 North Phillips Street
Approved: Chief of Police
Alcoholic Beverage License - Class F - (Feast) 19 hours beginning at 6:00 A.M. on June 14, 15 & 16, 1996
Applicant - St Francis Xavier Church
Location - 81 North Phillips Street
Subject to approval from: Chief of Police
Alcoholic Beverage License - Class F - (Dance) 19 hours beginning at 6:00 A.M. on June 29, 1996
Applicant - St Francis Xavier Church
Location - 81 North Phillips Street
Subject to approval from: Chief of Police
Alcoholic Beverage License - Class F - (Dance)19 hours beginning at 6:00 A.M. on May 18, 1996
Applicant - Our Lady of Loreto Church
Location - 346 Waterman Avenue
Subject to approval from: Chief of Police
All CC items are received as information and approved on one motion.
Secondhand/Baseball Cards
Advertised - East Providence Post - April 25, 1996
Applicant - Vincent Memoli
dba - Another Card shop
Location - 262 Warren Avenue
Approved: Chief of Police, Zoning Officer
Subject to approvals from: Building Inspector
Vincent Memoli, 618 Charles Street, Providence, Rhode Island 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, it is voted to grant the above license subject to all approvals.
Secondhand/Automobiles
Advertised - East Providence Post - April 18, 1996
Applicant - Scott Motors, Inc.
dba - Scott Volkswagen
Location - 290 Newport Avenue
Approved: Chief of Police, Zoning Officer
Subject to Building Inspector
William R. Scott, Saunderstown, Rhode Island is present and sworn.
Unanimously granted subject to all approvals on a roll-call vote with all Council members present and voting, on motion of Mr. Lynch, seconded by Mr. Sullivan.
ALCOHOLIC BEVERAGE LICENSE - Class B Full Privilege (Victualler) Transfer
Advertised - East Providence Post - April 11 & 18, 1996
From - Paul Rodrigues
dba - Tamar Restaurant
To - Flip-Shots Bar & Grille, Inc.
dba - Flip Shots Bar & Grille
Location - 218 Warren Avenue
Approved: Chief of Police
Subject to approvals from: Building Inspector, Health Inspector
Attorney Robert Nocera, representing the owners of Flip-Shots is present to answer questions from the Council.
Glen and Idalina Breese, 77 Peck Street, Attleboro, Massachusetts are present and sworn.
Unanimously granted subject to all approvals on a roll-call vote with all Council members present and voting, on motion of Mr. Miranda, seconded by Mr. Larisa.
Rhode Island Distributing Company
Letter of objection due to indebtedness.
Paul Rodrigues, present owner of Tamar Restaurant, states that the letter of objection has been withdrawn.
Motion is made by Mr. Sullivan, seconded by Mr. Miranda, to grant the license subject to the City Clerk's notification of withdrawal by the objector. Motion passes 5-0.
Victualling/Over 50 – Transfer
From - Tamar Restaurant
To - Flip-Shots Bar & Grille, Inc.
dba - Flip-Shots Bar & Grille
Location - 218 Warren Avenue
Approved: Chief of Police
Subject to approvals from: Building Inspector, Health Inspector
Unanimously granted subject to all approvals on motion of Mr. Miranda, seconded by Mr. Larisa.
Pool Table/Sundays Included – Transfer
From - Tamar Restaurant
To - Flip-Shots Bar & Grille, Inc.
dba - Flip-Shots Bar & Grille
Location - 218 Warren Avenue
Approved: Chief of Police
Subject to approvals from: Building Inspector
Unanimously granted subject to all approvals on motion of Mr. Miranda, seconded by Mr. Sullivan.
Carnival - May 24, 25 & 26, 1996
Applicant - Holy Ghost Beneficial Brotherhood
Location - 51 North Phillips Street
Approved: Chief of Police
Subject to approvals from: Building Inspector, Fire Marshal, Electrical Inspector
Granted, subject to all approvals on a unanimous vote on motion by Mr. Miranda, seconded by Mr. Larisa.
Victualling/Not over 25 – Transfer
From - Willett Farms II Convenience
To - Star Mart, Inc.
dba - Star Mart
Location - 1024 South Broadway
Approved: Chief of Police
Subject to approvals from: Building Inspector, Health Inspector
Mohammed Sabjad, 3 A South Main Street, Newport, Rhode Island is present and sworn.
Granted, subject to all approvals on a unanimous vote on motion by Mr. Larisa, seconded by Mr. Miranda.
Sunday/Holiday Sales – Transfer
From - Willett Farms II Convenience
To - Star Mart, Inc.
dba - Star Mart
Location - 1024 South Broadway
Approved: Chief of Police
Unanimously granted on motion by Mr. Larisa, seconded by Mr. Miranda.
Pool Table/Sundays Included
Applicant - Brownie's Bar & Grille, Inc.
dba - Brownie's Bar & Grille
Location - 22 Waterman Avenue
Approved: Chief of Police
Subject to approval from: Building Inspector
Video Unit (2)/Including Sundays
Applicant - Brownie's Bar & Grille, Inc.
dba - Brownie's Bar & Grille
Location - 22 Waterman Avenue
Approved: Chief of Police, Zoning Officer
Subject to approval from: Building Inspector
Applicant not present.
On motion of Mr. Miranda, seconded by Mr. Larisa, and on a unanimous vote, it is voted to defer the above two licenses (Brownie's Bar & Grille Inc) to the next regular Council meeting to be held on May 21, 1996.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
Providence Country Day School - Land Acquisition
Mr. Lemont gives a summary of the negotiations with Providence Country Day over the land acquisition. He states that the Council had previously approved a $1.8 million offer for the land and buildings, but after inspector's checked the property, it was discovered that much more work needed to be done. Mr. Lemont says that he feels this will be a purchase with a minimal impact on the City.
A presentation is given by Mr. Lemont and members of the Planning Department.
At the end of the presentation, the Council proceeds to question Mr. Lemont and Planning Department members.
Mr. Larisa asks Nancy Remington, Community Development Director, if the CDBG funds are at risk in Washington. She tells Mr. Larisa that she feels comfortable that the City will continue to receive the present funding, at approximately $800,000.
Ms. Remington states that the City has been renovating over the last five years, and there is not as much demand on the CDBG funds, and the City will still be able to fund money for projects, while putting aside some of the funds to pay for the PCD land. She goes on to say she is personally in favor of spending the money because the purchase will meet many needs of the City.
Mr. Lynch questions Mr. Lemont as to why he is only estimating $450,000 of the surplus property account, when there is much more in the account. Mr. Lemont goes on the say that there are several ways in which the City could possibly raise funds, such as the sale of the old school on Warren Avenue. He says that if the City is sccessful with the consolidation of services with the School Department, perhaps the building on Warren Avenue will not be needed and could be sold.
Mr. Sullivan questions Ms. Remington about the HUD funding and says there is no guarantee that the City will continue to get the same amount of money. Ernie DeSaia, ICM Corporation, responds to a question from Mr. Larisa on whether
the programs can run at PCD without the renovations. Mr. DeSaia says they cannot.
The meeting recesses at 9:55 P.M. and reconvenes at 10:05 P.M. with all Council members present.
The meeting is open for public comment. Mr. Lemont swears in the speakers.
Nancy Moore, 14 Thurston Avenue, is present and sworn. Mrs. Moore speaks in favor of the purchase.
Carolyn Pelligrino, Director of Senior Services for Self-Help, and Secretary of the Senior Citizens' Advisory Commission, speaks in favor.
Tammy Cullen, Chairperson of the Senior Citizens Advisory Commission, speaks in favor.
Marilyn McDonald, representing American Youth Soccer, speaks in favor. She asks if PCD will have the use of the soccer field, and is told by Mr. Lemont that PCD can use the field during school days.
Les Howarth, representing the East Providence Historical Society, speaks in favor.
Mark Shaw, a representative from American Youth Soccer, passes along a letter written by a student. Mr. Shaw asks if PCD's use of the soccer field could be reciprocal with the soccer group.
Fred Radway, 225 Pleasant Street, President of the Land Conservation Trust, speaks in favor and says he strongly urges the Council to save the property from development.
David Kelleher, 36 Riverside Drive, says he is concerned about the preservation of Sweetland House.
Carlton Bully, Vine Street, advises the Council "not to jump into the water unless they know how to swim."
Allen Williams, 110 Caitlan Avenue, speaks in opposition. Mr. Williams says his concern is that those eligible for "senior" status will not do so because of the stigma of being called "elderly." He asks what will be done with the present meal sites. Also, Mr. Williams states that PCD is a tax exempt institution and the City has the opportunity to get the land back on the tax roll. Mr. Williams also asks how much study has been given to the commercial buildings in the City, and suggests the School Department lease one of the empty buildings.
Peter Midgley, 78 Smith Street, speaks in opposition. He says no one has mentioned what the intensity of the traffic will mean.
Manny Thetonia, 18 Oakwood Road, speaks in opposition and voices his concern that it will raise taxes.
Frank McFarland, Finance Director of Providence Country Day, addresses the Council and speaks of PCD's enthusiasm of having the City own the property.
Peter Oppenheimer, Vice President of the East Providence Coalition, who is involved with the Youth Soccer program, speaks in favor.
Anita Turner, 190 Grosvenor Avenue, Chairperson of the East Providence Political Minority Caucus, speaks in support of the proposal.
After the speakers, the Council enters into a discussion about the effect on the tax rate. Mr. Lemont says it will have virtually no impact on the tax rate.
Mr. Larisa says many people called him and stated they do not want this to result in a property tax increase. He speaks on a proposal to get the property tax free. He offers a breakdown of funds to pay for the property and renovations (included in Council file).
After further discussion, Mr. Larisa makes the following motion, which is seconded by Mr. Lynch:
To make PCD an offer of $1.8 million dollars to purchase the subject West Campus property by paying $1.35 million dollars in cash, there being a note issued by PCD to the City payable in three equal $150,000 installments, at the end of year one, year 2, and year 3 after the closing, with no interest, and that PCD can use the soccer field during normal school hours (PCD school hours), only when not in use by the City, or any representative of the City, so long as it remains a soccer field.
After the motion is made, the Council members make their comments. Mayor Grant commends Mr. Lemont and the Planning Department for their presentation, but states that he will not vote in favor of the proposal.
A roll-call vote is taken on the motion:
Mr. Larisa Aye
Mr. Lynch Aye
Mr. Miranda Aye
Mr. Sullivan Aye
Mayor Grant Nay
Motion passes 4-1.
The meeting recess at 11:40 P.M. and reconvenes at 11:50 P.M.with all Council members present.
1996-97 CDBG: Presentation of Applications received for funding
Nancy Remington gives the presentation on the CDBG funds.
(Deferred from December 19, 1995)
Highway Abandonment - Hillcrest Avenue
Hillcrest Avenue from Waterview Drive, south to dead end to Mobil Oil property shown on a recorded plat of land entitled "J F Bergin Plat". Replat of the "J F Bergin Plat," East Providence, Rhode Island. By Waterman Engineering Company, April, 1947 and on Tax Assessor's Map No. 310, Block 8 & 7, dated December 31, 1995.
Petitioner: Narragansett Improvement Company
By Bruce A. Beauchamp, Vice President
Advertised - East Providence Post - October 19 & 26 and November 2, 1995
Notices sent to Utility Companies - October 3, 1995
Notices sent to City Sergeant for service October 3, 1995
The petitioner is not present. Motion to defer to the next Council meeting to be held on May 21, 1996 is made by Mr Larisa, seconded by Mr. Sullivan, and voted 5-0.
(Given first passage April 16, 1996)
Advertised - Providence Journal - April 19, 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 IX entitled "Stop Intersections", Subsection 18-269 entitled "Stop and yield intersections designated; when stops required.", by adding thereto the following:
Fort Street (northbound and southbound traffic) at Fifth Street
CHAPTER NO. 404
(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.
1. Requesting approval to award a five (5) year lease/purchase contract for Scott Air-Pak & Bauer Compressor Equipment
2. Requesting approval to award a contract for the procurement of and alterations to uniforms for Police officers and Police dispatchers.
On motion of Mr. Sullivan, seconded by Mr. Lynch, it is unanimously voted to approve the above two request.
Law Department
By William J. Conley, Jr., City Solicitor
Re: Application Fee for appeals to the Building Board of Standards and Appeals
Mr. Conley requests the Council to approve application fees of $100 for non-residents and $50 for residents. Motion to approve is made by Mr. Miranda, seconded by Mr. Lynch, and voted 5-0.
The Claims Committee report is accepted on a 4-0 vote with Mayor Grant noted absent for the vote.
(By Mayor Rolland R. Grant)
City Taxes
Deferred until the next regular Council meeting to be held on May 21, 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 Section I. Section 18-269 entitled "Stop and yield intersections designated; when stops required.", adding thereto the following:
Burton Avenue (eastbound traffic) at its intersection with Lyman Street
(If given first passage can be referred to the next regular Council meeting to be held on May 21, 1996 for a public hearing and consideration of final passage)
(Requested by Councilman Robert D. Sullivan)
The above-entitled ordinance is introduced by unanimous consent and, on motion of Mr. Miranda, seconded by Mr. Larisa, 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 May 21, 1996 for a public hearing and consideration of final passage.
(By Councilman Robert D. Sullivan)
Juvenile Hearing Board
William A. Feeney 30 Harvard Street 02915
On motion by Mr. Sullivan, seconded by Mr. Miranda, it is unanimously voted to appoint William A. Feeney to the above Board.
Special Police Officer
Allen Stilkey 20 Becker Avenue 02915
It is unanimously voted to nominate as Special Police Officer Allen Stilkey for the term expiring December 1, 1996 subject to conformance with all the rules and regulations.
Mayor Grant reminds the public of a meeting on the water tower, scheduled for next Wednesday, May 15, 1996.
Anna McLaughlin - 12 Nassau Street
Re: Requesting waiver of fee for Zoning variance.
Unanimously voted to waive the fee on motion of Mr. Miranda, seconded by Mr. Larisa.
Motion is made by Mr. Larisa, seconded by Mr. Sullivan, to go into Executive Session, requested by the City Manager, to discuss possibility of litigation.
Roll-call vote is taken on the motion:
Mr. Larisa Aye
Mr. Lynch Aye
Mr. Miranda Aye
Mr. Sullivan Aye
Mayor Grant Aye
Motion passes 5-0.
The Open meeting recesses at 12:25 A.M. and goes into Executive Session.
May 6, 1996
CLOSED SESSION
Litigation
(See separate folder)
The meeting both reconvenes into Open Session and adjourns at 12:55 A.M.
Attest:
Valerie A. Perry, CMC
City Clerk
Approved:_______________________________