May 6, 1997 - Journal of the Regular Council Meeting 

 

CITY OF EAST PROVIDENCE

RHODE ISLAND

JOURNAL OF REGULAR COUNCIL MEETING

TUESDAY, MAY 6, 1997

8:00 P.M.

 

+ ADDENDUM

 

 

 

The City Council meets in the Council Chamber on Tuesday, May 6, 1997, at 8:00 P.M. and is called to order by Mayor Rolland R. Grant.

 

Present:                    Rolland R. Grant                   )  Mayor

                                 Joseph S. Larisa, Jr.             )  Council Members

                                 Gerald R. Lynch                    )

                                 Peter F. Midgley                    )

                                 Norman J. Miranda               )

 

                                 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)

 

Invocation is given by Councilman Norman J. Miranda.

 

Salute to the Flag is led by Councilman Gerald R. Lynch.

 

TO APPROVE THE CONSENT CALENDAR

 

On motion of Mr. Miranda, seconded by Mr. Midgley, and on a unanimous roll-call vote with all Council members present and voting, it is voted to approve the Consent Calendar.

 

PROCLAMATIONS, PRESENTATIONS AND INTRODUCTIONS

 

Presentation

 

Maxine Pickering presents a check in the amount of $263.90 from the United Methodist Retirement Center for the new Senior Center.

 

CONSENT CALENDAR

 

APPROVAL OF COUNCIL JOURNALS

 

Regular Meeting - April 3, 1997

Regular Meeting - April 15, 1997

Special Meeting - Revaluation and Property Tax Rate - April 18, 1997

 

 

Coastal Resources Management Council - FINDING OF NO SIGNIFICANT IMPACT File No. 97-4-43

 

Requesting to strip roof, put plywood over existing wood roof and reshingle. (Edith B Suprenant)

 

 

City of Central Falls - Resolution

"CHILD SAFETY AWARENESS WEEK II"

 

 

Bingo - May 15, 1997

 

Applicant                  - Evergreen House Health Center

Location                    - One Evergreen Drive

 

Subject to approvals from: Chief of Police, Building Inspector

 

 

Alcoholic Beverage - Class F - 19 hours beginning at 6:00 A.M. on May 10, 1997

Applicant                   - St Martha's Church

Location                    - 2595 Pawtucket Avenue

 

All CC items are voted and passed on one vote.         

 

CITY COUNCIL SITTING AS LICENSING COMMISSIONERS

 

LICENSES REQUIRING PUBLIC HEARING

 

Secondhand/Auto

 

Applicant                   - Thomas P. Ricci

dba                            - Tom Ricci's Rental Cars U.S.A.

Location                    - 845 Taunton Avenue

 

Subject to approvals from: Chief of Police, Building Inspector

 

Thomas P. Ricci, 1825 Middle Road, East Greenwich, Rhode Island, is present and sworn.

 

Voted to approve on a unanimous vote subject to all approvals, on motion of Mr. Lynch, seconded by Mr. Larisa.

 

LICENSES NOT REQUIRING PUBLIC HEARING

 

Victualling/Not over 25  

 

Applicant                   - East Providence NY System Inc.

Location                    - 95 Warren Avenue

 

Subject to approvals from: Chief of Police, Building Inspector, Health Inspector

 

Dennis Santos, 6 Adelaide Avenue, Barrington, Rhode Island is present and sworn.  Mr. Santos asks if he keeps his Grandfather's Rights because he has been there 25 years, and he is told that all licenses must be renewed each year.

 

Unanimously voted to approve subject to all approvals, on motion of Mr. Miranda, seconded by Mr. Lynch.

 

 

Victualling – Transfer

 

From                  - John Tait

dba                    - Dari-Bee

To                      - Rosalie Silva

dba                    - Dari-Bee

Location            - 240 Bullocks Point Avenue

 

Subject to approvals from: Chief of Police, Building Inspector, Health Inspector

 

Rosalie Silva, 138 Plain Street, Seekonk, Massachusetts is present and sworn.

 

Unanimously voted to approve subject to all approvals, on motion of Mr. Midgley, seconded by Mr. Miranda.

 

 

Sunday/Holiday Sales

 

Applicant          - Rosalie Silva

dba                   - Dari-Bee

Location            - 240 Bullocks Point Avenue

 

Subject to approvals from: Chief of Police, Building Inspector, Health Inspector

 

Approved 5-0 subject to all approvals, on motion of Mr. Lynch, seconded by Mr. Miranda.

 

 

Alcoholic Beverage - Class F - Feast - 19 hours beginning at 6:00 A.M. on  May 23, 24, 25, 1997

 

Applicant          - Trinity Brotherhood

Location           - 146 Sutton Avenue

 

Subject to approvals from: Chief of Police, Building Inspector, Health Inspector

 

David Pacheco, Sr., 141 Bourne Avenue, is present and sworn.  Motion to approve is made by Mr. Lynch, seconded by Mr. Miranda, subject to all approvals.

 

 

Alcoholic Beverage - Class F - Feast - 19 hours beginning at 6:00 A.M. on June 27, 28, 29, 1997

 

Applicant         - St Xavier Band

Location           - 51 No Phillips St

Approved: Chief of Police

 

Subject to approvals from: Building Inspector, Health Inspector         

 

Motion to defer made by Mr. Miranda, seconded by Mr. Lynch, and voted 4-0.  Mr. Larisa is noted absent for the vote.

 

 

Alcoholic Beverage - Class F - Feast - 19 hours beginning at 6:00 A.M. on May 16, 17, 18, 1997

 

Applicant          - Holy Ghost Beneficial Brotherhood

Location           - 51 North Phillips Street

Approved: Chief of Police

 

Subject to approvals from: Building Inspector, Health Inspector

 

Mr. Miranda speaks on behalf of the applicant.  Motion to approve is made by Mr. Miranda, seconded by Mr. Lynch, and voted 5-0.

 

Mr. Miranda receives Council Consent to add to the docket a Carnival license for the Holy Ghost Beneficial Brotherhood for the same dates as the previous license, May 16, 17, 18, 1997.  Motion to approve the license is made by Mr. Miranda, seconded by Mr. Lynch, and unanimously voted.

 

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL

 

PUBLIC HEARING

 

Planning Department - Jeanne Boyle, Planning Director

1997-1998 CDBG Program; Presentations by applicants for funding.

 

Jeanne Boyle says the Planning Department received 30 applications for over $1 million in requests for the 1997-1998 CDBG Program funds.  The following speakers are sworn in and speak on their requests:

 

Kathleen  Brady and Catherine Smith, United Methodist Elder Care

Audrey Field, 5 Sheffield Avenue, Bristol, Rhode Island - Self Help RSVP Program

Anne Roulx, 20 Sawyer Street, Providence, Rhode Island, Blackstone Valley Chapter Rhode Island Arc

Christopher Morra, 194 Pleasant Street, Boys and Girls Club

Onna Moniz, Affirmative Action Officer/Welfare Director, withdraws her request

Carolyn Benedict-Drew, Executive Director, Family Services, Inc. – Quanicut House

Yvonne Cabral, Executive Director, East Providence Community Center - Adult Literacy

Catherine Donnelly, 116 Anson Drive, East Bay Geriatric Center

Betty Humeston, Family Development Director, Self-Help Job Training Program

Janet Rocabello, Administrator - East Bay Family Health Care of Self-Help

John Porier - Carousel Commission

 

The meeting recesses at 8:55 P.M. and reconvenes at 9:05 P.M.

 

ORDINANCES - FINAL PASSAGE

(Given First Passage April 15, 1997)

Advertised - Providence Journal - April 18, 1997

 

1)          AN ORDINANCE IN AMENDMENT OF CHAPTER 17 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "UTILITIES.", which amends Section I. Article III. entitled "Sanitary Sewer System.", as follows:

 

     Sec I. Sec 17-76 entitled "Definitions.", by adding definitions

     Sec II. Sec 17-76 entitled "Definitions.", by deleting definitions

     Sec III. Sec 17-76 entitled "Definitions.", by changing definitions

     Sec IV. Sec 17-77  entitled "Abbreviations.", by adding abbreviations

     Sec V. Sec 17-77 entitled "Abbreviations.", by deleting abbreviations

     Sec VI. Sec 17-85 entitled "Notice of violations; penalties; disconnection of sewer;

 liability for costs, expenses, etc., of violations, Subsec (a)

     Sec VII.  Sec 17-159 entitled "General Discharge Prohibitions"

     Sec VIII. Sec 17-159 entitled "Pollutant Limitations"

     Sec IX. Sec 17-164 entitled "Accidental discharge/Slug Control Plans

     Sec X. Sec 17-166 entitled "Administration", Subsec (b) & (c)

     Sec XI. Sec 17-166 entitled "Administration", Subsec (g)

     Sec XII. Sec 17-167 entitled "Enforcement; penalty; cost"

 

(Requested by Director of Public Works)

 

CHAPTER NO.  

 

Mr. Conley asks for a deferral to the next regular meeting to be held on May 20, 1997.

 

Mr. Miranda receives Unanimous Consent to ask for Council approval for permission to advertise two separate alcoholic beverage license transfers - Friends Food & Spirits to PERPJ, Inc. Rockin Times and the Rocking Robin's Nest, to D&M Sports Tavern, dba Golfers' A.C.  Motion to approve is made by Mr. Lynch, seconded by Mr. Larisa,

and unanimously voted on a roll-call vote.

 

 

2)          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 repeals Sec I. Sec 4-419 entitled "Relocation of occupants of condemned

nonresidential structure or dwelling."

 

(Requested by Law Department)

 

CHAPTER NO.  432

 

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. Lynch, seconded by Mr. Miranda, and on a unanimous roll-call vote with all Council members present and voting, said ordinance is adopted.

 

 

 

NEW BUSINESS

 

CITY OFFICIALS

 

* 1 )      Finance, James McDonald, Finance Director

 

Re: Requesting approval to award a contract for the twenty-four (24) month - Deferred lease/purchase ($1.00 buyout), for five (5) 1996 Ford vehicles for the Police Department.

 

 

* 2)       Re: Requesting the City Council approval for the Pre-Qualification of General Contractors, in order for them to be able to bid on the additions/renovations of Memorial Hall, for the Senior Center at Providence Country Day.

 

On motion of Mr. Lynch, seconded by Mr. Larisa, it is voted unanimously to defer the above two items.

 

CLAIMS COMMITTEE

 

On motion of Mr. Larisa, seconded by Mr. Midgley, and on a roll-call vote with all Council members present and voting, it is voted to accept the Claims Committee report as presented.

 

COUNCILMEN

 

(By Mayor Rolland R. Grant)

 

1)          Secret Salaries

 

Mayor Grant speaks on merit raises given to 14 employees as far back as 1982 and says it is unfair.  He says the contracts will be looked at closely in the next negotiation session.

 

 

2)          Citizen's Police Academy

 

Mayor Grant commends the Police Department and the officers involved.

 

 

3)          City Officials snubbed by Governor

 

Mayor Grant says the Governor went to the High School without notifying City officials.

 

 

4)          East Providence - THE ALL AMERICAN DIRTY CITY

 

Mayor Grant speaks on the lack of State support in cleaning up the City.  He says he is going to appoint a new Chairman for the Adopt an Island Committee to try to drum up new support for the program.  He also mentions the

Beautification Committee and urges people to get involved.

 

 

5)          Eligibility for Health Care Benefits

 

Mayor Grant asks the City Manager if anyone in the City is getting Blue Cross that should not be, and the City Manager answers that only people who had a contractual relationship with the City receive benefits.

 

 

(By Councilman Joseph S. Larisa, Jr.)

 

Property revaluation  - The fair thing to do

 

Mr. Larisa speaks on an article in the Providence Journal regarding remarks made about the  property tax rate.  He says if the revaluation was done three years ago, the numbers would still be the same.  He reaffirms that the City Council has no power to set a Homestead exemption, and says the General Assembly delegation will be the ones to decide the fate of the property owners.  He goes on to say that there is no time left, that it must be done this week.

 

Mr. Lynch speaks on the issue.  He warns Mr. Larisa to be careful about carrying on a disagreement with the General Assembly delegation.  He cautions everyone on the floor to be careful with their remarks.

 

INTRODUCTION OF ORDINANCES

 

(If given first passage can be referred to the next regular Council Meeting to be held on May 20. 1997, for a public hearing and consideration of final passage)

 

1)          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. Subsection 18-315 entitled "Reserved parking designated--Handicapped parking",

deleting:

 

MAPLE AVENUE (north side) in front of house number 113, from a point twenty-two (22) feet east of the NARRAGANSETT AVENUE intersection easterly forty (40) feet.

 

Section II. Subsection 18-315 entitled "Reserved parking designated—Handicapped parking.", amended by adding:

 

MAPLE AVENUE (north side) in front of house number 113, from a point one hundred and eight (108) feet east of the NARRAGANSETT AVENUE intersection easterly thirty-six (36) feet.

 

 

(Requested by: Director of Public Works)

 

The above-entitled ordinance is introduced and, 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 given first passage and can be referred to the next Council meeting to be held on May 20, 1997 for a public hearing and consideration of final passage.

 

 

2)          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. Article III entitled "Alcoholic Beverages" adding:

 

Section 8-39. Nudity on premises where alcoholic beverages are offered for sale.

 

(Requested by: Councilman Joseph S. Larisa, Jr.)

 

 

The above-entitled ordinance is introduced and, on motion of Mr. Larisa, seconded by Mr. Lynch, and on a unanimous roll-call vote with all Council members present and voting, is given first passage and referred to the next Council meeting to be held on May 20, 1997 for a public hearing and consideration of final passage .

 

 

3)          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 Section I. Article X entitled "Stopping, Standing and Parking.", Subsection 18-307 entitled "Parking prohibited at all times.", adding:

 

ESTRELL DRIVE (north side) from GRASSY PLAIN ROAD easterly for a distance of eight hundred twenty seven (827) feet.

 

(Requested by: Director of Public Works)

 

 

The above-entitled ordinance is introduced and, on motion of Mr. Lynch, 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 for a public hearing and consideration of final passage. 

 

 

4)          AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, ENTITLED "VEHICLES AND TRAFFIC.", which amends Section I. Subsection 18-315  entitled "Reserved parking designated--Handicapped parking.", adding:

 

AGNES STREET (south side) in front of house number 115, from a point one hundred eighty seven (187) feet west of the NORTH COUNTY STREET intersection westerly twenty seven (27) feet.

 

(Requested by: Director of Public Works)

 

 

The above-entitled ordinance is introduced and, on motion of Mr. Miranda, seconded by Mr. Midgley, 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 20, 1997, for a public hearing and consideration of final passage.

 

APPOINTMENTS

 

(By Councilman Gerald R. Lynch)

 

City Sergeant

William L. Abbood          23 Riverwoods Court  02916

Attachment

 

Unanimously voted to appoint William L. Abbood to the position of City Sergeant on motion of Mr. Lynch, seconded by Mr. Miranda.

 

 

COMMUNICATIONS

 

Town of Barrington – Resolution

 

Support of Resolution: LEGISLATION DESIGNATING ADULT SMOKING AREAS FOR RHODE ISLAND BEACHES

 

Unanimously accepted as information on motion of Mr. Larisa, seconded by Mr. Miranda.

 

 

John Rose - 130 Orchard Street

Re: Loud boom-box music in the area of Orchard Street.

 

John Rose, 130 Orchard Street, is present and sworn.  Mr. Rose addresses the Council about the loud music coming from automobiles and asks that the Council set a high fine to discourage them.  Mr. Lemont states that there is an ordinance on the books and it is enforced.

 

 

Barbara and Robert Clark - 1 Curtis Lane

Residents of Curtis Lane requesting to address the Council regarding rubbish removal

 

Barbara Clark, 3 Curtis Lane, is present and sworn.  She and other residents of Curtis Lane are present to speak about their request to have their trash picked up on their street.  Mr. Conley says the situation was researched, and it was determined that Curtis Lane is not an accepted City street, but a private right of way.  He says the only way the trash pickup could continue would be if all private property owners signed a release, indemnifying the City for any damage to the property.

 

 

Tom Braxton, 3 Curtis Lane, is present and sworn.  Mr. Braxton addresses the Council about the situation.

 

Steve Mutter, Recycling Coordinator, answers questions from the Council. Mr. Miranda suggests getting a smaller truck to handle the trash pickup on the street.

 

It is noted that this situation will be added to the next contract.

 

Mr. Conley tells the residents that their insurance companies do not have to sign the release, they just have to be notified that the property owner is signing the release.

 

It is decided that the issue will be revisited at the next Council meeting.

 

+ ADDENDUM

 

COUNCILMEN

 

(By Councilman Norman J. Miranda)

Personnel

 

Mr. Miranda makes a motion to go into Closed Session to discuss personnel job performance. 

 

Mr. Larisa seconds the motion, which passes unanimously.  The Open Meeting recesses at 10:58 P.M. and goes into Closed Session.

 

It is decided that there is no need for a Closed Session and the Council returns to Open Session at 11:00 P.M.

 

Mr. Miranda makes a motion to appoint Odelia Amaral, 40 Abbott Street, to the Municipal Court as Court Teller, to replace Julie Silva, who will be going to the Canvassing Office.  Mr. Larisa seconds the motion, which passes unanimously on a roll-call vote.

 

Meeting adjourns at 11:02 P.M.

 

 

Attest:

 

 

Valerie A. Perry, CMC

City Clerk

 

Approved:___________________________                             

 

 

May 6, 1997 - Journal of the Regular Council Meeting
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