CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
TUESDAY,
8:00 P.M.
The City Council meets in the Council Chamber on Tuesday, May 20, 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, CMC ) City Clerk
(Claudia Mirandi, Mirandi 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 Peter F. Midgley.
TO APPROVE THE CONSENT CALENDAR
On motion of Mr. Lynch, seconded by Mr. Larisa, and on a unanimous roll-call vote with all Council members present and voting, the Consent Calendar is approved.
APPROVAL OF COUNCIL JOURNALS
Regular Meeting - May 6, 1997
Special Council Meeting - Council Meeting w/School Committee and
General Assembly Delegation - February 24, 1997
Alcoholic Beverage - Class F - 19 hours beginning at 6:00 A.M. on June 6, 7, 8, 1997
Applicant - Portuguese-American Athletic Club
Location - 281 Warren Avenue
Coastal Resources Management Council - FINDING OF NO SIGNIFICANT IMPACT File No. 97-4-117
Requesting to strip and replace role roofing/shingles and replace rotted boards as needed. (James R. Gorniewicz)
Coastal Resources Management Council – ASSENT File No. 96-12-16
Requesting to construct riprap revetment directly seaward of existing manmade shoreline feature (approx. 160 linear feet total.); located at Map 415, Block 8, L 1; 305 Terrace Ave. (Frederick & Helen MacDonald)
Cancellations/Abatements
City Assessor requesting cancellation of taxes as follows:
Year Amount
1996 $ 1,888.54
1995 389.94
1994 193.40
Municipal Court
Resignation of Court Clerk Rita Falaguerra, effective May 16, 1997.
All CC items are voted and passed on one vote.
Mr. Lemont receives Unanimous Consent to recognize Water Pollution Superintendent, Tom White, and his staff for receiving an outstanding achievement award for the plant operation.
ALCOHOLIC BEVERAGE - TRANSFER OF CLASS - From Class B
Limited to Class B Full Privilege (Victualler)
Applicant - SAZ, Inc.
dba - Town Pizza & Family Restaurant
Location - 949 Willett Avenue
Vasilios Zafiriades, 61 Beverly Road, is presentand sworn. Mr. Zafiriades presents a petition with than 400 signatures in support of his license transfer of class. Motion to accept the petition is made by Mr. Larisa, seconded by Mr. Lynch, and voted 5-0.
Mr. Midgley speaks on the license and says he led the opposition against this license at the last Council meeting because of some concerns, but says he is willing to talk to the applicant. Replying to a question from Mr. Midgley, Mr. Conley states that stipulations stay with a license, even after the license is transferred.
After further discussion, motion is made by Mr. Midgley and seconded by Mr. Larisa to grant the license with the stipulation that (1) there will be no standing or sitting bar, (2) last call for alcoholic beverages will be at 11:00 P.M.
Roll-Call vote as follows:
Mr. Larisa Aye
Mr. Lynch Aye
Mr. Midgley Aye
Mr. Miranda Nay
Mayor Grant Aye
Motion passes 4-1.
ALCOHOLIC BEVERAGE - Class B-Limited - (Victualler) Transfer of Stock
Applicant - Papa Gino's, Inc.
dba - Papa Gino's
Location - 12 Narragansett Park Drive
Subject to approvals from: Chief of Police, Building Inspector, Health Inspector
Cheryl Robinson, 1 Financial Center, Boston, MA, is present and sworn.
Motion to approve is made by Mr. Lynch, seconded by Mr. Larisa. Motion passes unanimously on a roll-call vote.
Victualling - Transfer of Stock
Applicant - Papa Gino's, Inc.
dba - Papa Gino's
Location - 12 Narragansett Park Drive
Subject to approvals from: Chief of Police, Building Inspector, Health Inspector
Motion to approve is made by Mr. Lynch and seconded by Mr. Larisa. Motion passes 5-0.
ALCOHOLIC BEVERAGE - Class B-Limited (Victualler) Transfer of Stock
Applicant - Papa Gino's, Inc.
dba - Papa Gino's
Location - 80 Highland Avenue
Subject to approvals from: Chief of Police, Building Inspector, Health Inspector
Motion to approve is made by Mr. Lynch, seconded by Mr. Larisa. Motion passes 5-0.
Victualling - Transfer of Stock
Applicant - Papa Gino's, Inc.
dba - Papa Gino's
Location - 80 Highland Avenue
Subject to approvals from: Chief of Police, Building Inspector, Approved Health Inspector
Motion to approve is made by Mr. Lynch, seconded by Mr. Larisa. Motion passes 5-0.
Alcoholic Beverage - Class F - Feast - 19 hours beginning at 6:00 A.M. on June 13, 14, 15, 1997
Applicant - St Francis Xavier Church
Location - 81 No Carpenter Street
Subject to approvals from: Chief of Police, Building Inspector, Health Inspector
Motion to approve is made by Mr. Miranda and seconded by Mr. Lynch. Motion passes 5-0.
(Deferred from May 6, 1997)
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
Mr. Miranda makes a motion that this item be taken off the docket until further notice. Mr. Midgley seconds the motion, which passes 5-0.
Laundry
Applicant - ABS Laundromat, Inc.
dba - Five Star Laundromat
Location - 257 Bullocks Point Avenue
Subject to approvals from: Chief of Police, Building Inspector
William Rougas, 344 Comstock Parkway, Cranston, Rhode Island is present and sworn. Motion to approve is made by Mr. Midgley, seconded by Mr. Lynch. Motion passes 5-0.
Gatherer
Applicant - Thomas A. Silvia, 73 Burnside Ave, Ea Prov, RI
Subject to approvals from: Chief of Police, Building Inspector
Thomas A. Silva, 73 Burnside Avenue, is present and sworn. Mr. Silva tells the Council that he does have a place for storage on his property.
Motion to approve is made by Mr. Midgley, seconded by Mr. Miranda. Motion passes 5-0.
Gatherer
Applicant - John J. McKenna, 44 Providence Ave, Ea Prov, RI
Subject to approvals from: Chief of Police, Building Inspector
John J. McKenna, 44 Providence Avenue, is present and sworn. Motion to approve is made by Mr. Lynch, seconded by Mr. Midgley. Motion passes 5-0.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
Planning Department - Jeanne Boyle, Planning Director
Presentation of recommendations for 1997-1998 CDBG funding;
City Council authorization of budget and projects.
Mr. Lynch submits a recusal letter to the City Clerk recusing him from all discussions on allocation of CDBG funds to the Boys and Girls Club because of his position as Acting Executive Director of the Boys and Girls Club of East Providence. He asks that a copy of the letter be forwarded to the Ethics Commission.
Mr. Larisa, a member of the Board of Directors of the Boys and Girls Club of East Providence, also submits a recusal letter and asks that it be forward to the Ethics Committee.
Jeanne Boyle, Planning Director, presents the recommendation for the use of the $835,000 in CDBG Funds.
Mayor Grant speaks on the request for funds to Kent Heights Playground and says he is not pleased that all the money was cut from that. Ms. Boyle responds that the Recreation Plan calls for consolidating the City's tennis courts into two areas in the City.
Mr. Miranda questions the amount allocated for CDBG Administration costs and Ms. Boyle responds that these are staff costs and costs associated with administering the program.
Mr. Miranda also states that the Boys and Girls Club allocation for landscaping and playground equipment was cut to $15,000 and should be upgraded. He suggests removing $5,000 from the CDBG administration.
After further discussion, Mr. Larisa makes a motion to approve the proposed recommendations for the CDBG Program, with the exception of 5a and 5b relating to the Boys and Girls Club.
Mr. Lynch amends the motion to take those two items separately.
Mayor Grant says there is a problem because Mr. Miranda apparently wants to shuffle some money to the Boys and Girls Club from other accounts.
Mr. Larisa withdraws his motion, and Mr. Lynch withdraws his amendment.
Mr. Miranda makes a motion to remove $5,000 from the CDBG Administration. Mr. Midgley seconds the motion. Roll-call vote follows:
Mr. Larisa Nay
Mr. Lynch Abstain
Mr. Midgley Nay
Mr. Miranda Aye
Mayor Grant Aye
Motion fails to carry on a 2-2 vote with 1 abstention.
Mr. Larisa makes a motion to approve the recommendation and dollar amounts recommended by the Planning Department for the CDBG Program, with the exception of 5a and 5b pertaining to the Boys and Girls Club. Mr. Midgley seconds the motion. Roll-call vote follows:
Mr. Larisa Aye
Mr. Lynch Aye
Mr. Midgley Aye
Mr. Miranda Nay
Mayor Grant Nay
Motion passes 3-2.
Motion is made by Mr. Miranda, seconded by Mr. Midgley, to accept the dollar amounts recommended for the Boys and Girls Club of East Providence.
Mr. Larisa Abstain
Mr. Lynch Abstain
Mr. Midgley Aye
Mr. Miranda Aye
Mayor Grant Aye
Motion passes 3-0 with 2 abstentions.
Meeting recesses at 8:45 P.M. and reconvenes at 8:55 P.M. with all Council members present.
(Deferred from May 6, 1997)
(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 Sec 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;
lability 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) and (c)
Sec XI. Sec 17-166 entitled "Administration", Subsec (g)
Sec XII. Sec 17-167 entitled "Enforcement; penalty; costs"
(Requested by: Director of Public Works)
CHAPTER NO. 431
The above-entitled ordinance, referred to this time and place for a public hearing and consideration of final passage, is called for hearing.
Mr. Conley requests that the ordinance be deferred until further notice. Motion to defer is made by Mr. Lynch, seconded by Mr. Miranda, and voted 5-0.
(Given first passage May 6, 1997) - Advertised - Providence Journal - May 9, 1997
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 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.
Amending Section II. Subsection 18-315 entitled "Reserved parking designated--Handicapped parking.", 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)
CHAPTER NO. 435
The above-entitled ordinance referred to this time and place for a public hearing and consideration of final passage, is called for hearing.
David Salisbury, 110 Maple Avenue, speaks in opposition to the ordinance. After some discussion, it is decided that Mr. Conley will review the State law regarding handicapped parking. Motion to defer the ordinance is made by Mr. Larisa, seconded by Mr. Midgley, and voted 5-0.
3) 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 REGULATION.", 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.)
CHAPTER NO. 436
The above-entitled ordinance referred to this time and place for a public hearing and consideration of final passage, is called for hearing.
Mr. Larisa says his intent was to utilize the U.S. Constitution's 21st Amendment power to regulate alcohol to provide that no alcoholic beverage license is issued where a strip joint is proposed to exist. Discussion is held on other classes of
licenses beside the Class B license and Mr. Conley says he would recommend that the Class C and Class D licenses be included in the ordinance. Mr. Larisa makes a motion to amend the ordinance to include the Class C and Class D licenses and give First Passage to the amended ordinance. Mr. Miranda seconds the motion.
Mr. Midgley asks that the ordinance be amended to state all alcoholic beverage licenses rather than classify them by class, in case the state adds a new class in the future.
Mr. Larisa withdraws his motion and Mr. Miranda withdraws his second.
Mr. Larisa makes a motion to amend the ordinance by striking out the words "Class B Victualer or Class B Limited Alcoholic Beverage license"and inserting the words"any alcoholic beverage license". Mr. Miranda seconds the motion. Motion passes unanimously on a roll-call vote. Motion passes 5-0.
4) 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. 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)
CHAPTER NO. 437
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. Larisa, seconded by Mr. Miranda, 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 18 OF THE REVISED ORDINANCE 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)
CHAPTER NO. 438
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. Larisa, seconded by Mr. Miranda, and on a unanimous roll-call vote with all Council members present and voting, said ordinance is adopted.
Retirement pay adjustment - Non-Cola Police and Fire Retirees
Mr. Lemont reports that a number of ex-employees are not under the COLA provision of the present retirement plan. As a result of an actuarial study, the Police and Fire Pension Board voted that effective July 1, 1997, the 42 retirees (the surviving retirees, not the spouses), would receive the same amount that was given three years ago, an increase of $900 per year; that the 27 surviving spouses would receive $600 per year; the 10 disability employees will receive $600 per year. The matter would be funded over a 20 year period, and the cost to the fund will be approximately $40,000 per year. Mr. Lemont says he would be would like to point out that the plan is 104% funded, so the actual impact is absolutely insignificant because the City has a fully funded plan.
Motion is made by Mr. Larisa and seconded by Mr. Miranda to accept the recommendation. Motion is made by Mr. Larisa, seconded by Mr. Miranda to accept the recommendation. Motion passes 5-0.
Mr. Lemont receives Council Consent to speak on the Algonquin Pipeline. He says that a Final Order was given on May 6, 1997, by FERC to approve the original pipeline route that the City is opposed to. Mr. Lemont goes on to say that he has asked the congressional delegation to assist in this issue. He asks that he be allowed to pursue this matter and requests a vote by the Council.
Motion is made by Mr. Larisa, seconded by Mr. Miranda to give the City Manager authority to use all avenues to persuade FERC officials to change the route. Motion passes 5-0.
(Deferred from May 6, 1997)
Finance Department, James F. McDonald, Finance Director
1) Re: Requesting approval to award a contract for the twenty-four (24) month lease/purchase ($1.00 buyout), for five (5) 1996 Ford vehicles for the Police Department.
Mayor Grant questions the need for executive vehicles and voices his opposition.
After further discussion, motion to approve is made by Mr. Lynch, seconded by Mr.Larisa. Roll-call vote follows:
Mr. Larisa Aye
Mr. Lynch Aye
Mr. Midgley Aye
Mr. Miranda Aye
Mayor Grant Nay
Motion passes 4-1.
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.
Approval for the pre-qualification of general contractors for Providence Country Day additions/renovations. Motion to approve is made by Mr. Lynch, seconded by Mr. Larisa. Roll-call vote follows:
Mr. Larisa Aye
Mr. Lynch Aye
Mr. Midgley Nay
Mr. Miranda Aye
Mayor Grant Nay
Motion passes 3-2.
On motion of Mr. Lynch, seconded by Mr. Miranda, and on a unanimous roll-call vote with all Council members present and voting, the Claims Committee report is accepted.
Mr. Lemont receives Council Consent to announce that Lemont Congressman Kennedy's office has informed him that the Police Department received a Federal Grant for $124,944 for the purpose of assisting the City insolving residential burglaries. He says that the Congressman commended both Chief Dias and Captain Broadmeadow for identifying the problem and developing a plan.
Mr. Larisa speaks on the tax rate. He says the tax rate will be $22.27 per thousand and explains the formula for homeowners to determine what their taxes will be. He goes on to list the steps taken by the Council to get legislation approved for more tax relief. He says the General Assembly delegation is responsible for the high increase in the tax rate.
Resolution authorizing Grant Applications for the State of Rhode Island Overall Economic Development Program (OEDP)
RESOLVE NO. 14
The above-entitled Resolution is introduced and on motion of Mr. Larisa, seconded by Mr. Miranda, and on a unanimous roll-call vote, is adopted.
(If given first passage can be referred to the next regular Council meeting to be held June 3, 1997, for a public hearing and consideration of final passage)
AN ORDINANCENCE 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. Article IX entitled "Stop Intersections", Subsection 18-269 entitled "Stop and yield intersections designated; when stops required.", adding:
MARGARET AVENUE (northbound and southbound traffic), at its intersection with ANSON DRIVE.
(Requested by Director of Public Works)
The above entitled-ordinance is introduced and on motion of Mr. Lynch, 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 June 3, 1997 for a public hearing and consideration of final passage.
Deborah Hambly, 4 Read Street
Requesting to address the Council re: Blocking off Read Street from Turner Avenue to Dorr Avenue, on May 24, 1997 (Saturday) from 4:00 P.M. to 11:00 P.M. for wedding reception.
Deborah Hambly is present and sworn. Motion to approve is made by Mr. Larisa and seconded By Mr. Midgley. Motion passes 5-0.
Robert C. Johnson, 27 Upyonda Way
Requesting to address the Council re: Blocking off Upyonda Way, July 12, 1997, 11:00 A.M. to 9:00 P.M. for third annual block party.
Robert Johnson, 27 Upyonda Way and Stuart Hughes, 46 Upyonda Way are present and sworn. Motion to approve is made by Mr. Lynch and seconded by Mr. Larisa. Motion passes 5-0.
Councilman Midgley announces that money was found in the Council Chamber after a previous Council meeting and says the owner can claim it from the City Manager's office.
Meeting adjourned at 10:25 P.M.
Attest:
Valerie A. Perry, CMC
City Clerk
Approved:______________________