CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
TUESDAY, FEBRUARY 17, 1998 8:00 P.M.
The City Council meets in the Council Chamber on Tuesday, February 17, 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 )
Invocation is given by Councilman Norman J. Miranda.
The Salute to the Flag is led by Gerald R. Lynch.
Claudia Merandi, Merandi Reporting, is present to record the proceedings of the public hearings
1. Approval of Council Journals
Regular Meeting - February 3, 1998
2. Alcoholic Bev. - Class F - March 22, 1998 –
Our Lady of Loreto Church, 346 Waterman Ave.
3. Alcoholic Bev. - Class F –
St Martha's Church, 2595 Pawtucket Avenue - "Dinner Play" - February 21, 1998
4. Alcoholic Bev. - Class F –
St Martha's Church, 2595 Pawtucket Ave - "Dinner Dance" - March 21, 1998
5. (Permission to advt) Alcoholic Beverage - Class B Full Privilege –
Moitoso's Pub, Inc., 218 Warren Avenue
6. Town of East Greenwich - Resolution –
Educational Financial Support
7. Town of Cumberland - Resolution –
In support of Rhode Island House of Representatives 98H- 7187, an act relating to the Narragansett Bay
8. Cancellations/Abatements –
City Assessor requesting cancellation of taxes as follows:
Year - 1997 Amount - $3,206.88 9.
Assessment Board of Review - Requested adjustments for Residential & Commercial
Year - 1997 Amount - 7,880.03
LICENSES REQUIRING PUBLIC HEARING
ALCOHOLIC BEVERAGE - CLASS BVL - Transfer –
From: Tedmar Corporation dba Theo's Pizza Restaurant,
To: Lexir Inc dba Theo's Pizza Restaurant,
1175 Warren Avenue
Approved: Chief of Police
Subject to approvals from: Building Inspector and Health Inspector
Attorney Martin P. Slepkow, representing the parties, addresses the Council on behalf of his clients, stating there will be no changes in operation.
On motion of Mr. Lynch, seconded by Mr. Miranda, and on unanimous roll call vote, it is VOTED to approve the license, subject to the necessary approvals.
Victualing/Not over 50 - Transfer - From: Tedmar Corporation dba Theo's Pizza Restaurant To: Lexir Inc dba Theo's Pizza Restaurant, 1175 Warren Avenue - Subject to approvals from Building Inspector and Health Inspector
On motion of Mr. Larisa, seconded by Mr. Lynch, it is unanimously VOTED to approve, subject to necessary approvals.
Secondhand/Automobiles - Carl E., Arthur A. & Joseph S. Sr. Quattrucci, dba Warren Avenue Auto Sales, 531 Warren Avenue - Approved: Chief of Police - Subject to approval from Building Inspector
The applicants are not present, motion to defer is made by Mr. Lynch, seconded by Mr. Miranda, and unanimously VOTED on a roll call vote.
LICENSES NOT REQUIRING PUBLIC HEARING
Peddler/Lemonade & Ice Cream –
Raymond J. Peloquin,
430 Carter Avenue, Pawtucket, RI
dba Ray's Ice Cream/Lemonade –
Subject to approval from Chief of Police
The applicant is not present.
On motion of Mr. Miranda, seconded by Mr. Lynch, it is unanimously VOTED to defer.
Peddler –
Applicant: Kenneth L. Mosher, Sr.,
25 Padelford Avenue
The applicant is present and sworn.
On motion of Mr. Larisa, seconded by Mr. Lynch, it is unanimously VOTED to approve.
Mr. Quattrucci is now present. The Council goes back to the Secondhand/Automobiles license.
Arthur Quattrucci, 31 Goldsmith Avenue, East Providence, Rhode Island is present and sworn. Mr. Quattrucci says the license was not picked up in time because the building was not ready. On motion of Mr. Lynch, seconded by Mr. Miranda, and on unanimous roll call vote, it is VOTED to approve the license, subject to necessary approvals.
Pinball License/2 Units –
Applicant - Kenneth Souza,
dba All Sport Collectibles,
389 Bullocks Point Ave. –
Subject to approvals from: Chief of Police, Building Inspector
Kenneth Souza, 34 Angell Drive, East Providence, Rhode Island is present and sworn.
On motion of Mr. Larisa, seconded by Mr. Midgley, it is unanimously VOTED to approve, subject to necessary approvals.
Sunday/Holiday Sales –
Applicant - Joseph V. and Ana M. Hebert
dba Dollar Shop,
229-A Warren Ave –
Approved: Chief of Police –
Subject to approval from Building Inspector
Joseph V. and Ana M. Hebert, 75 Walnut Street, East Providence, Rhode Island are present and sworn.
On motion of Mr. Midgley, seconded by Mr. Lynch, it is unanimously VOTED to approve the license, subject to necessary approvals.
Sunday/Holiday Sales- Transfer –
From - Joseph Nehem
To Samer Malko dba Prendergast Variety,
127 Waterman Avenue –
Subject to approvals from: Chief of Police, Building Inspector
Samer Malko, 118 Fremont Street, Central Falls, Rhode Island is present and sworn. On motion of Mr. Larisa, seconded by Mr. Miranda, it is unanimously VOTED to approve the license.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
ORDINANCES - FINAL PASSAGE - (Given first passage, Feb. 3, 1998)
Advertised - Providence Journal - Feb. 6, 1998
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: Sec I. Article X entitled "Stopping, Standing and Parking.", Subsec 18- 315 entitled "Reserved parking designated--Handicapped parking.", deleting therefrom the following:
MAPLE AVENUE, north side, in front of house number 113, from a point approximately one hundred (100') feet east of the NARRAGANSETT AVENUE intersection easterly twenty (20') feet.
CHAPTER NO. 464
There are no persons wishing to be heard on the ordinance.
On motion of Mr. Midgley, seconded by Mr. Miranda, and on unanimous roll call vote, it is VOTED to approve the ordinance for Final Passage.
AN ORDINANCE IN AMENDMENT OF CHAPTER 13 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, ENTITLED PUBLIC PLACES.", which amends: SEC. I.
Sec 18 100.11 entitled "Fees."
Mr. Larisa states that the ordinance does not apply this year, and it does not set any rate. All it does is require the mooring fee be the same for residents and non-residents. He says no rate will be set until the Harbor Commission has a full public hearing.
Mr. Midgley explains his reasons for requesting the ordinance, stating the Army Corps of Engineers will not dredge Bullocks Cove until the fee structure is changed, to allow the same fee for non-residents, and he reassures that it will not change this year.
Claire Sarganis, 1 Peach Orchard Drive, Riverside, Rhode Island addresses the Council regarding the proposed ordinance. She asks the Council to deny the ordinance until a public hearing is held. She speaks about her dissatisfaction with the Harbor Commission and says the boat owners are not being treated fairly by that group. She states that the 1997 minutes of the Commission were not file in the Clerk's office, and they have not followed through on a 5 year plan, which they were supposed to implement.
Donna Quintal, 917 Longwood Drive, North Attleboro, Massachusetts is present and sworn. She states that the non-residents make up 35 of the 145 moorings. She also states her dissatisfaction with the Harbor Management Commission and states that things which are supposed to be public record are not available as public records.
Fred Bieberbach, 40 Union Street, Riverside, Rhode Island, is present and sworn. He says the way the ordinance is worded on the docket does not give the public any idea what it is about. He says the reason they are tonight is because they heard rumours that there would be discussion on this subject.
After further discussion, Mr. Midgley makes a motion, which is seconded by Mr. Lynch, to defer the topic to the next meeting and to request someone from the Harbor Management Commission to attend that meeting. The motion passes unanimously on a roll call vote.
Mr. Lynch says for the record that the Harbor Commission Chairman should be asked why he was not here.
Senior Center Update Request For Executive Session - Union Negotiations Demolition of Riverside Water Tank
On motion of Mr. Lynch, seconded by Mr. Larisa, it is unanimously VOTED to defer the three items to the next meeting.
CLAIMS COMMITTEE
Chubb Services Corp. Claim No. 98-2 Referred Claim to Insurance Carrier
Rosa Pereira Claim No. 98-3 Referred to Insurance Carrier
Nancy Whalen Claim No. 98-4 Denied
Kellie McCarthy Claim No. 98-5 Referred to RIDOT
Gina Marie Feuti Claim No. 98-7 Referred to RIDOT
On motion of Mr. Miranda, seconded by Mr. Lynch, and on unanimous roll call vote, it is VOTED to accept as presented.
(By: Councilman Peter F. Midgley)
Council Discretionary Fund and/or Surplus Property Account
Mr. Midgley speaks about money coming in from sources such as Omni Point and the like, which will be renting or leasing from the City. He suggests putting the money into a separate account, to be used as the surplus property account is used.
Mr. Lych asks for a report from the City Manager giving the total amount of these types of funds, which are paid to the City.
Discussion is held on the matter and Mr. Lynch ask that it be deferred to the City Solicitor. After further discussion, Mr. Midgley makes a motion, seconded by Mr. Larisa, to defer to the City Solicitor for a recommendation on the legality with the Charter and how to set up the account. The motion passes unanimously.
Victory in Sunnybrook Estates vs. City in Supreme Court
Mr. Larisa commends Mr. Conley for the victory in Supreme Court on the Sunnybrook Estates hearing. Mr. Conley says that the opinion cited the Council's input in the matter. He says the lesson to be learned is that the remonstrants need expert testimony.
On motion of Mr. Lynch, seconded by Mr. Larisa, it is unanimously VOTED to reappoint Joseph Dourado, 95 Newman Avenue, East Providence, Rhode Island to the Canvassing Authority.
On motion of Mr. Larisa, seconded by Mr. Miranda, it is unanimously VOTED to approve Mayor Grant's appointment of Susan DaSilva, 30 Earl Avenue, as School Crossing Guard.
Mr. Midgley receives unanimous consent to make an appointment. On motion of Mr. Midgley, seconded by Mr. Miranda, Richard Gregory, 154 Beverly Road, as School Crossing Guard.
The meeting adjourns at 9:15 p.m.
Attest:
Valerie A. Perry, CMC City Clerk Approved:__________________