CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
TUESDAY,
The City Council meets in the Council Chamber on Tuesday, August 11, 1998, and is called to order at 8:00 P.M. by Mayor Rolland R. Grant.
Present: Mayor Rolland R. Grant ) Council Members
Joseph S. Larisa, Jr. )
Gerald R. Lynch )
Peter F. Midgley )
Norman J. Miranda )
Paul E. Lemont ) City Manager
Gregory S. Dias ) Assistant City Solicitor
Valerie A. Perry ) City Clerk
Invocation is given by Councilman Larisa
The Salute to the Flag is led by Councilman Miranda.
Carole Malaga, Merandi Reporting, is present to record the proceedings of the public hearings.
1. Approval of Council Journals - Regular Council Meeting - July 14, 1998
2. CRMC File No. 98-7-17 FINDING OF NO SIGNIFICANT IMPACT Re: Remove existing rotted Weeping Willow Tree located at 41 White Avenue (Shirley Laurendeau)
3. Cancellation/Abatements - City Assessor requesting cancellation of taxes as follows:
Year Amount
1998 $ 14,552.27
1997 466.35
1996 247.74
4. Letter of Resignation from Kenneth G. Walker, Chairman, Zoning Board of Review
On motion of Mr. Lynch, seconded by Mr. Miranda, it is unanimously VOTED on a roll call vote to approve the Consent Calendar.
Councilmen Larisa and Lynch present citations to the Rumford Boys Major League All Stars, the Rumford Girls Major League All Stars, the Rumford Junior All Stars, and the Rumford Minor All Stars.
Councilman Miranda presents a Citation to Alicia Antone for her service and achievements as an employee of the East Providence Library.
Additional Hours - Advertised - Providence Journal - July 7, 14, 21, 1998
Applicant - Maxi Drug, Inc. dba Brooks Pharmacy - 655 Warren Avenue
Daniel Kane, 50 Service Avenue, Warwick, Rhode Island is present and sworn.
There are no objections from the public.
On motion of Mr. Miranda, seconded by Mr. Lynch, and on unanimous roll call vote, it is VOTED to approve the license, subject to approvals from the Police Chief and BuildingInspector.
Secondhand/Scrapmetal - Amalgamated Metal Works, Inc. 2310 Pawtucket Avenue
Anthony A. Thomas, 153 Park Drive, Riverside, Rhode Island is present and sworn.
There are no objections from the public. On motion of Mr. Miranda, seconded by Mr. Lynch, and on unanimous roll call vote, it is VOTED to approve the license, subject to approvals from the Chief of Police and Building Inspector.
Victualing - 26-50 - Newport Ave Donut Inc. 223 Newport Avenue
Fred Vieira, 51 Brookfield Drive, Seekonk, Massachusetts is present and sworn.
On motion of Mr. Larisa, seconded by Mr. Lynch, it is unanimously voted to approve subject to approvals from the Chief of Police, Building Inspector, and Health Inspector.
Victualing/Not over 25 - Elizabeth Cormier dba Burgess Ave. Variety 85 Burgess Ave.
Elizabeth Cormier, 85 Burgess Avenue, East Providence, Rhode Island is present and sworn.
On motion of Mr. Miranda, seconded by Mr. Lynch, it is unanimously VOTED to approve, subject to approvals from the Chief of Police, Building Inspector, and Health Inspector.
Sunday/Holiday Sales - Elizabeth Cormier dba Burgess Ave. Variety 85 Burgess Ave.
On motion of Mr. Larisa, seconded by Mr. Lynch, it is unanimously VOTED to approve, subject to approvals from the Chief of Police, Building Inspector and Health Inspector.
Peddler - Lemonade - Raymond Thomas 44 Cole Street 02914 (Deferred from July 14, 1998)
The applicant is not present. Motion to Remove from the docket is made by Mr. Larisa, seconded by Mr. Lynch, and unanimously VOTED.
Sunday/Holiday Sales - Concord Buying Group Inc., dba A.J. Wright - 86 Narragansett Park Drive
John Coburn, 10 Foxwood Drive, Newburyport, Massachusetts is present and sworn.
Motion to approve is made by Mr. Lynch, seconded by Mr. Larisa, and unanimously VOTED to approve, subject to approvals from Chief of Police, Health Inspector, and Building Inspector.
Sunday/Holiday Sales - Barry A. Carter dba Prendergast Variety - 127 Waterman Avenue
Barry Carter, 194 Patterson Street, Attleboro, Massachusetts is present and sworn.
On motion of Mr. Miranda, seconded by Mr. Lynch, it is unanimously VOTED to approve, subject approvals from Chief of Police, Health Inspector, and Building Inspector.
Alcoholic Beverage - Class F - Sept. 18, 19, 20, 1998 - Carousel Park Commission - Bullocks Point Avenue
On motion of Mr. Miranda, seconded by Mr. Midgley, it is unanimously VOTED to approve.
Carnival - September 18, 19, 20, 1998 - Carousel Park Commission - Bullocks Point Avenue
Rose Larisa, 77 Argyle Avenue, East Providence, Rhode Island and Jeff Vallaincourt, 77 Gordon Street, Cranston, Rhode Island, are present and sworn.
On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously VOTED to approve.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
ZONING MAP AMENDMENT
Rezoning request - from Commercial 1 & Open Space 1 to Commercial 2
Petitioners - Robert, Judith & Seth Wood
Attorney - Martin P. Slepkow
Lot - Map 407, Block 3, Parcel 1-4
Area - 76,195 Sq. Ft.
Location - Warren Avenue
Notices served on abutters - July 28, 1998
Attorney Martin Slepkow, representing the petitioners and CVS Pharmacy, addresses the Council on the petition. At Mr. Slepkow's request, a motion is made by Mr. Miranda, seconded by Mr. Larisa, and unanimously VOTED to make a letter from Robert Maggiacomo, an abutting property owner, part of the record.
The following are present and sworn and speak on the matter: Patrick O'Leary, 20 Hillcrest Drive, Connecticut, Project Manager for CVS Robert Clinton, Traffic Engineer, is present and sworn. Attorney Peter Ruggeiro, 70 Jefferson Boulevard, Warwick, Rhode Island, a Certified Planner
On motion of Mr. Miranda, seconded by Mr. Midgley, it is unanimously voted to accept Mr. Ruggeiro as an expert witness.
The drive-thru is discussed. Mr. Slepkow says CVS intents to build, regardless of whether or not the drive-thru is approved. He asks the Council to reconsider reintroducing an ordinance pertaining to changing drive-thrus. He says CVS agrees with all the conditions as set forth by the Planning Board.
There are no persons from the public wishing to be heard.
On motion of Mr. Larisa, seconded by Mr. Lynch, and on a unanimous roll call vote, it is VOTED to approve the amendment, subject to the five conditions set forth by the Planning Board.
1) AN ORDINANCE IN AMENDMENT OF CHAPTER 19 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "ZONING". which amends SECTION I. Section 19-96 entitled "Districts--Designated" is hereby amended as follows:
Parcel 2 and portions of Parcels 1, 3 and 4, Block 3 on Assessor's Map 407 presently located in a Commercial 1 District as hereinafter described are hereby changed to be included in a Commercial 2 District; portions of Parcel 3 and 4, Block 3 on Assessors Map 407 presently located in an Open Space 1 District as hereinafter described are hereby changed to be included in a Commercial 2 District, provided however that the land development project final approval be obtained from the East Providence Planning Board for the above referenced lots. In the event of a violation of the above stipulation, said parcels of land shall revert to Commercial 1 and Open Space 1 Districts respectively. The Zoning Map of the City of East Providence shall be amended accordingly with said stipulation indicated thereon.
There are no persons wishing to be heard on the ordinance.
On motion of Mr. Larisa, seconded by Mr. Miranda, it is unanimously VOTED on a roll call vote to approve the ordinance for Final Passage.
2) AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "VEHICLES AND TRAFFIC.", which amends Sec I. Article X entitled "Stopping, Standing and Parking.", Subsec 18-307 entitled "Parking prohibited at all times" by adding thereto the following: VIOLA AVENUE (east side), from Bristol Avenue north for 87 feet.
There are no persons wishing to be heard on the ordinance.
On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously VOTED on a roll call vote to approve the ordinance for Final Passage.
3) AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "VEHICLES AND TRAFFIC.", which amends Sec I Article X entitled "Stopping, Standing and Parking.", Subsec 18-315 entitled, "Reserved parking designated-- Handicapped parking." is amended by adding thereto the following: SANDRA COURT (north side) in front of house number 6, from a point 75 feet easterly from the easterly street line of Wingate Road, that point also being 12 feet westerly from the intersection of the cul-de-sac street line and the extended easterly line of recorded lot 69 as shown on Leroy Heights (plat card 2840, westerly for a distance of 25 feet).
There are no persons wishing to be heard on the ordinance.
On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously VOTED on a roll call vote to approve the ordinance for Final Passage.
1. Discussion regarding RFP for Rescue Transportation
Fire Chief Gerald Bessette addresses the Council regarding billing for Rescue Service. Mr. Lemont suggests keeping the money separate for the first four or five years to be used for the upgrade of fire equipment. He goes on to say that the process is much more involved than he originally anticipated and suggests going into a one year contract to determine if the billing will be done in-house or contracted out.
Mr. Larisa suggests making a change in the third paragraph of the RFP to read, "Subject to the following paragraph, an award will be made to the responsible offeror."
Mr. Midgley speaks on the issue or people being transported to the hospital of their choice.
After further discussion, on motion of Mr. Lynch, seconded by Mr. Midgley, it is unanimously VOTED on a roll call vote to move the RFP.
On motion of Mr. Larisa, seconded by Mr. Lynch, it is unanimously VOTED on a roll call vote to place the money received from the successful RFP in a separate account entitled "Fire Rescue Reimbursement Fund" or "Account", with proceeds to be spent on updating fire equipment.
2. Request by Omnipoint Communications to construct a telecommunications tower at proposal - Grassy Plains Antenna (Referred to the Planning Board April 21, 1998)
On motion of Mr. Larisa, seconded by Mr. Lynch, it is unanimously VOTED to refer the matter back to Omnipoint for preparation for the public hearing.
The meeting recesses at 10:00 p.m. and reconvenes at 10:07 p.m.
1. Newman Burial Grounds
Daniel Allen O'Connell, 6 Harris Street, Coventry, Rhode Island is present and sworn. Mr. O'Connell presents a slide show on preservation work he has done at the Newman Cemetery.
The Council takes the report under advisement and Mr. Lemont says volunteers are welcome.
2. Sewer Use Rate Study
On motion of Mr. Larisa, seconded by Mr. Lynch, it is unanimously VOTED to defer to the September 1st meeting.
3. Request for money from Sale of Surplus Property Account to purchase new rescue vehicle
Mr. Lemont requests $130,000 to purchase a new rescue vehicle. On motion of Mr. Larisa, seconded by Mr. Lynch, it is unanimously VOTED on a roll call vote to authorize the City Manager to put a new rescue vehicle out to bid and to seek bids for financing of a two year lease and report back at the September 1 Council meeting.
4. Self-Help Inc. request for change of use - Union Primary Property
Dennis Roy, 40 Wilson Street, Barrington, Rhode Island is present and sworn. Mr. Roy requests that the Union Primary property be used for a Head Start program. He says 100% of the children that attend the Head Start program are from East Providence. He requests a 5 year lease.
After discussion, on motion of Mr. Lynch, seconded by Mr. Larisa, and on a roll call vote, it is unanimously VOTED to approve the request.
5. Department of Planning requesting authorization to proceed with Zoning Map amendment of Map 408, Block 17, parcels 9 and 20 - Kent Farm Estates
On motion of Mr. Miranda, seconded by Mr. Lynch, and on a roll call vote, it is unanimously VOTED to approve the request.
6. Requesting Corporate Authority for negotiations with various unions
On motion of Mr. Larisa, seconded by Mr. Lynch, it is unanimously VOTED to move this item to the end of the docket.
7. Requeting pre-qualification approval for vendors to submit proposals for dental services
On motion of Mr. Larisa, seconded by Mr. Lynch, it is unanimously VOTED to approve.
8. City Manager's Report
Mr. Lemont speaks on the trip to Washington regarding the meeting with FERC and reports that Algonquin has withdrawn their plans for a pipeline at the Bike Path.
Mr. Lemont speaks on the Corps of Engineers plans to create a toxic site off the coast of East Providence and asks for volunteers to get involved.
Mr. Lemont reports that 156 people were served today at the Mealsite, and that the Center is filled to capacity each day.
Library Board of Trustees - Requesting property at the former site of the Riverside Water Tank on Bullocks Point Avenue for a new Riverside Branch Library.
Helio Melo, Chairman of the Library Board of Trustees, and Helen Sullivan, Chair of the Ad Hoc Committee, address the Council in favor of the proposal.
On motion of Mr. Midgley, seconded by Mr. Larisa, it is unanimously VOTED to refer the matter to the Planning Board.
On motion of Mr. Larisa, seconded by Mr. Lynch, it is unanimously VOTED to change the order of business.
1. Big Brothers of R.I. Inc., requesting an abatement of real estate taxes for property located at 3304 Pawtucket Avenue for the balance of the year 7/10/98 to 12/31/98.
Mr. McDonald addresses the Council and says Big Brothers bought the property just before the tax bills went out. The tax for the current bill is not an automatic exemption and it is up to the Council to give the exemption for the remainder of the year. Next year, they will be totally exempt. On motion of Mr. Lynch, seconded by Mr. Larisa, and on a roll call vote, it is unanimously VOTED to approve the request.
The meeting returns to regular business.
2. Harbor Management Commission - Proposed Harbormaster Budget
Steve Clemens, Harbor Management Commission, makes a presentation to the Council. He says the Commission is proposing a few options for fees to fund the Harbormaster Budget. Mr. Larisa says the General Assembly will allow only mooring fees and no others. He asks for an opinion from Mr. Conley.
After further discussion, Mr. Larisa makes a motion, seconded by Mr. Miranda, to refer the matter to the City Manager and get a written opinion from the Law Department as to the legality of the proposal and to ascertain whether any other communities impose any such fees and give a recommendation on the propriety of it and whether it is legal, and not even to do that if the City Solicitor concludes that neither of these two past muster. Mr. Midgley suggests that the recommendation be accepted and referred back to the City Solicitor for an opinion.
After further discussion, the motion passes unanimously on a roll call vote.
Seth Arruda, Claim No. 98-28 Denied
Renee Flink, Claim No. 98-29 Denied
Jill London, Claim No. 98-30 Referred to Insurance Carrier
Joy Street property owned by the City of East Providence Referred to Law Department
Mayor Grant says complaints have been received regarding the Advisory Recreation Board because they never meet. He says he has been told they can't get a quorum. He asks Mr. Miranda to look into the matter and report back.
ORDINANCEResolution Establishing Citizens Committee For The Placement of a Memorial to The Appearance of Babe Ruth And Ted Williams at Pierce Memorial Field.
On motion of Mr. Miranda, seconded by Mr. Midgley, and on a roll call vote, it is unanimously VOTED to refer the resolution back to the Law Department.
1) AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "VEHICLES AND TRAFFIC.", which amends Sec I. Sec. 18-269 entitled "Stop and yield intersections designated; when stops required." by adding thereto the following: BROWN ST. (northbound and southbound traffic) at Birchard Ave.
Requested by Director of Public Works
On motion of Mr. Miranda, seconded by Mr. Midgley, and on a roll call vote, it is unanimously VOTED to approve for First Passage.
2) AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "VEHICLES AND TRAFFIC" which amends SEC. I. Sec. 18-269 entitled "Stop and yield intersections designated; when stops required." is amended by adding thereto the following:
KELLEY AVENUE (westbound traffic) at a point 728 feet west of the westerly line of Wilson Avenue; KELLEY AVENUE (eastbound traffic) at Wilson Ave.
Requested by Director of Public Works
On motion of Mr. Lynch, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to approve for First Passage.
On motion of Mr. Lynch, seconded by Mr. Miranda, it is unanimously VOTED to approve Mayor Grant's appointment of Marge Babbitt, 90 Forbes Street 02915, to the Carousel Park Commission to fill the unexpired term of Henry Caparco, who has resigned from the Commission.
On motion of Mr. Larisa, seconded by Mr. Miranda, it is unanimously VOTED to approve Mayor Grant's reappointment of Robert Radway - 14 Drowne Parkway 02916 to the Economic Development Commission.
On motion of Mr. Miranda, seconded by Mr. Lynch, it is unanimously VOTED to approve Mayor Grant's appointment of Clark Richardson - 73 Cushman Avenue 02914 to the Zoning Board of Review, to fill the unexpired term of Kenneth Walker.
Mr. Lynch makes a motion to appoint Christopher Morra Chairman of the Zoning Board of Review.
Mr. Larisa questions the priority of the motion because the name was not on the docket, and asks that the name be placed on the next docket.
The motion dies for lack of a second.
On motion of Mr. Larisa, seconded by Mr. Miranda, it is unanimously VOTED to approve Mr. Larisa's appointment of Anthony Minicucci - 120 Weeden Avenue as Crossing Guard.
On motion of Mr. Miranda, seconded by Larisa, it is unanimously VOTED to approve Mr. Lynch's reappointments of Claudette Field - 1474 Pawtucket Avenue (02916) and William R. Simpson - 194 Don Avenue (02916) to the Historic Properties Designation and Study Commission.
On motion of Mr. Miranda, seconded by Mr. Larisa, it is unanimously VOTED to approve Mr. Miranda's appointment of William Gomes 104 Fifth Street (02914) as Crossing Guard.
On motion of Mr. Larisa, seconded by Mr. Miranda, it is unanimously VOTED to approve
Joseph Cavaco - 145 Summit Street (02914), Fernando Pereira - 80 John Street (02914), and
Gerald R. Lynch - 23 Morra Way (02916) to the Sister Cities Committee.
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 Corporate Authority regarding contract negotiations with collective bargaining unions. The meeting goes into Executive Session at 11:45 p.m.
The meeting returns to Open Session at 11:56 p.m. and adjourns at 11:56 p.m.
Attest:
Valerie A. Perry, CMC
City Clerk Approved: September 1, 1998