CITY OF EAST PROVIDENCE

 

RHODE ISLAND

JOURNAL OF REGULAR COUNCIL MEETING

DECEMBER 17, 2002

 

The City Council meets in the Council Chamber on Tuesday, December 17, 2002 and is called to order at 7:35 p.m. by Mayor Rolland R. Grant.

 

Present:            Mayor  Rolland R. Grant                          )

Daniel F. Harrington                                 )

Norman J. Miranda                                  )           Council Members

Dr. Isadore S. Ramos                              )

Patrick A. Rogers                                    )           

Paul E. Lemont                                        )            City Manager

William J. Conley, Jr.                               )            City Solicitor

Valerie A. Perry                                       )            City Clerk

 

Invocation is given by Mr. Harrington.  Salute to the Flag is led by Dr. Ramos.

 

Angela Sansoucci, Merandi Reporting, is present to record the proceedings of the public hearings.

 

Mr. Lemont announces that the Geo Nova public hearing will be delayed until the December 26th at 6:30 p.m.

 

CONSENT CALENDAR

 

1. Approval of Council Journals

 

$   Regular Meeting - November 14, 2002

$   Regular Meeting - November 19, 2002

 

2. Coastal Resources Management Commission - December 2002 Calendar

 

3. Coastal Resources Management Commission/DEM/ - Workshop Notice

 

4. Coastal Resources Management Commission ASSENT) #02-05-52 - Replacement of Washington Bridge #200, per approved plans

 

5. Coastal Resources Management Commission ASSENT #02-07-33 - Construct and maintain a residential boating facility consisting of a 4' X 100" fixed timber pier, ramp, and 10' X 15' float at 114 Riverside Drive.  (Joseph M. & Margaret F. Rock)

 

6. Coastal Resources Management Commission - FINDING OF NO SIGNIFICANT IMPACT - File No. 02-10-106 - Replacing one (1) window second floor, remove two (2) skylights re-roof and replace red cedar clayboards, located at 218 Riverside Dr.  Plat 414 Lot 4  (Anthony DeCrescenzo, Jr)

 

7. Coastal Resources Management Commission - FINDING OF NO SIGNIFICANT IMPACT - File No. 02-10-84 - Cut a 10' X 12' path on existing lot to dig test pits for future development located at (opposite) Pole #18 on Marine Drive.  Plat R-3 - Lots 115, 116 & 117

 

8. CANCELLATIONS /ABATEMENTS - Requested by Tax Board of Review.

 

YEAR                             AMOUNT

2002                               $ 72,734.09     

 

9. CANCELLATIONS /ABATEMENTS - Requested by Tax Assessor.

 

YEAR                             AMOUNT

2002                               $ 130.22          

 

10. Alcoholic Beverage License - Class F1 - December 31, 2002

 

St. Francis Xavier Church - 81 No. Carpenter Street

 

11. Alcoholic Beverage License - Class F - December 31, 2002

 

St. Martha’s Church - 2595 Pawtucket Avenue

 

Mr. Rogers questions item no. 8 “Abatements” and says this figure is very high and is reluctant to approve such a significant abatement without adding more explanation.  He proposes deferring this to the next Council meeting.

 

On motion of Mr. Rogers, seconded by Dr. Ramos, and on a roll call vote, it is unanimously voted to remove it from the Consent Calendar and defer to the next meeting.

 

Hon motion of Mr. Miranda, seconded by Mr. Harrington, and on a roll call vote, it is unanimously voted to approve as amended.

                                                                                            

CITY COUNCIL SITTING AS LICENSING COMMISSIONERS

 

LICENSES NOT REQUIRING PUBLIC HEARING

 

1. Private Detective

 

Robert A. Casale - 187 Becker Avenue, East Providence, RI 02915

 

The applicant is present and sworn. 

 

On motion of Dr. Ramos, seconded by Mr. Harrington, and on a roll call vote, it is unanimously voted to approve, subject to Police Chief approval.

 

2. Victualing/Not over 25

 

Dalila Silva, dba Dazzling Beginnings by Delilah - 446 No. Broadway

 

Dalila Silva, 31 Barney Street, Warren, Rhode Island is present and sworn.

 

On motion of Mr. Rogers, seconded by Mr. Miranda, it is unanimously voted to approve, subject to approvals of Police Chief, Building Inspector, and Health Inspector.

 

3. Victualing/N+t over 25 - Transfer

 

From Tom Dentino, dba Dentino’s Deli To The Joy Luck Corp. - 68 Taunton Avenue

 

Wen K. Yu, 12 High Street, East Providence, RI is present and sworn.

 

On motion of Mr. Miranda, seconded by Mr. Rogers, it is unanimously voted to approve, subject to approvals of Police Chief, Building Inspector, and Health Inspector.

 

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL

 

PUBLIC HEARINGS

 

PUBLIC HEARINGS

 

1. ZONING MAP AMENDMENT

 

Advertised - Providence Journal - October 31, November 7, 12, 2002

Notices Sent by Certified Mail - November 4, 2002

 

REZONING - Converting a mixed C-3 and R-6 area to total comprehensive Block of C-3 zoning including restaurant, residences, businesses and parking.

 

PETITIONERS -            Albertino and Zita M. Milho and Henry Rose

Attorney            -            William C. Maaia, Esq.

Lot                     -            Map 206, Block 25, Parcels 2,3,4

Location           -            53 Oakley Street

272-302 Warren Avenue

 

Mr. Maaia explains the rezoning request.  He states that there is some objection regarding parking on South Sharon Street. 

 

Following comments by the Council, the meeting is open to public comment.

 

Louis de Sousa, 10 So. Sharon Street, and Antonio Santos, 16 So. Sharon Street are present and sworn.

 

Mr. de Sousa states that the residents are asking the Council to deny the petition.  He states his concerns for the property value after the area is converted to a commercial zone and also mentions the problems with the parking situation.  He suggests eliminating the store and moving the house to that site, which would provide more parking.

 

Mr. Santos says he agrees with all the statements made by Mr. de Sousa.

 

Following further comments, on motion of Mr. Rogers, seconded by Mr. Harrington, and on a roll call vote, it is unanimously voted to approve.

 

Mayor Grant tells Mr. de Sousa and Mr. Santos that he may be able to help them, and suggests that perhaps they can have resident parking, which will allow them and their visitors to have exclusive parking spaces on the street.

 

The following ordinance modifies the Development Plan Review stipulations for parcels 2, 3, 4, located on the westerly side of Oakley Street and the southerly side of South Sharon Street.

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 197 OF THE  REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED ENTITLED AAN 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 19-96 entitled “DistrictsBDesignated” as follows:

 

Parcels 2, 3 and 4 on Assessor’s Map 206, Block 25 presently located in a Residential 6 District is hereby changed to be included in a Commercial 3 District provided, however, the petitioner meet the conditions of approval granted by the Development Plan Review Committee in the Notice of Decision dated December 3, 2001 and revised December 11, 2002.   The Zoning Map of the City of East Providence shall be amended accordingly.

 

CHAPTER NO. 240

On motion of Mr. Rogers, seconded by Mr. Harrington, and on a roll call vote, it is unanimously voted to dispense with the reading of the ordinance.

 

On motion of Mr. Miranda, seconded by Mr. Harrington, and on a roll call vote, it is unanimously voted to approve for Final Passage.

 

2. ZONING MAP AMENDMENT

 

Advertised - Providence Journal - November 7, 14, 18, 2002

Notices Sent by Certified Mail - November 4, 2002    

 

REZONING - Changing the property located at 149 Cadorna Street from Residential -4 to Commercial -5 with restrictions.

 

PETITIONER   -            David J. Enos

Attorney            -            William C. Maaia, Esq.

Lot                     -            Map305, Block 1, Parcel 3

Location           -            149 Cadorna Street

 

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 19-96 entitled “Districts-Designated” as follows:

 

Parcel 3 on Assessor’s Map 305, Block 1 presently located in a Residential 4 District is hereby changed to be included in a Commercial 5 District provided, however, (1) that there be no curb cuts or driveway access from the Clemenceau Street frontage of this property onto Clemenceau Street; (2) That the petitioner be required to submit a screening and buffering plan to the Zoning Officer for review and approval; (3) That the re-zoning be restricted to the following uses; nursery, municipal facility, watershed protection or supply, nonprofit club; civic, social or fraternal, public utility, retail sale of food, drugs, clothing, jewelry, stationary, or similar personal or specialty items, new or used motor vehicles sales lot, personal convenience service, restaurant without live entertainment, automatic parking garage or lot, automotive repair shop, animal or veterinary hospital or kennel, boat repair facility, auto body, soldering or welding shop, signs off-street parking, off-street loading, accessory uses, any business or professional office use, health, fitness and wellness facility, subject to meeting all of the zoning and building code requirements; (4) That there be no on-street parking from this use on adjoining city streets; and (5) that the property shall revert to the Residential 4 zoning shall any of the above conditions fail to be met.  The Zoning Map of the City of East Providence shall be amended accordingly.

 

CHAPTER NO. 241

On motion of Mr. Harrington, seconded by Mr. Miranda, it is unanimously voted to dispense with the reading of the ordinance.

 

David J. Enos, 44 Orlo Avenue, East Providence, Rhode Island is present and sworn.

 

Mr. Maaia addresses the Council regarding this petition and asks the Council to approve.  He says his client is agreeable to the stipulations as outlined by the Planning Board.

 

The meeting is open for public comment.

 

Donna Buxbaum, 135 Cadorna Street, East Providence, Rhode Island is present and sworn.  She states that the applicant is a good neighbor and has done a lot of improvement to the property. 

 

Dr. Ramos states that he visited the property and says it is a tremendous improvement. 

 

On motion of Mr. Harrington, seconded by Dr. Ramos, and on a roll call vote, it is unanimously voted to approve. 

 

NEW BUSINESS

 

CITY MANAGER

 

1. Requesting for City Council approval to purchase six (6) Police vehicles.

 

On motion of Mr. Miranda, seconded by Dr. Ramos, and on a roll call vote, it is unanimously voted to approve as recommended.

 

2. Requesting City Council approval for Drainage Easement of minor Subdivision Application No. 2202-12 Minor, 96 Blanding Ave., Map 205, Block 18, Parcel 11

 

On motion of Mr. Miranda, seconded by Mr. Harrington, and on a roll call vote, it is unanimously voted to approve.

 

3. Draft Initial Proposal for $1,000,000 in funding from the US Environmental Protection Agency to establish a Brownfields Revolving Loan Fund in the City of East Providence

 

Mr. Lemont explains that the Planning Department is proposing that the City get into the business of a million dollar fund in order to grant loans.

 

City Planner Jim Moran addresses the Council and explains the proposal.  The process is very competitive and is a two step process.  If successful, the City would receive funds from the Environmental Protection Agency for the purpose of establishing a Revolving Loan Fund, which will aid and facilitate in the cleanup efforts of several critical economic development parcels along the City’s waterfront.        

 

Following Mr. Moran’s presentation, Dr. Ramos asks how the Council can explain to taxpayers that the Council will be giving loans to help businesses clean up their property, when they should have been doing it all along.  Mr. Lemont responds by saying that some of the properties have been neglected for many years and it would be cost prohibitive for some to clean it up.  He says it would behoove the City to get the properties cleaned up as it will lure developers to the area.  Director Boyle explains that the money is not just for the waterfront properties. 

 

After further discussion, motion is made by Mr. Rogers, seconded by Mr. Harrington, to approve.  Roll call vote follows:

 

Mr. Harrington

Aye

Mr. Miranda

Aye

Dr. Ramos

Nay

Mr. Rogers

Aye

Mayor Grant

Aye

 

Motion passes 4-1.

 

4. Request to Purchase City-owned land in Seekonk, Massachusetts

 

On motion of Mr. Miranda, seconded by Mr. Rogers, and on a roll call vote, it is unanimously voted to deny the request and to authorize the sale of this parcel to the highest bidder.

 

5. Request for Executive Session in accordance with Section 42-46-5 of the “Exceptions” of Chapter 46 of the General Laws, pursuant to Section 42-46-5-(a)(2)[Collective Bargaining, to discuss negotiations with the Court Clerks.

 

On motion of Mr. Harrington, seconded by Mr. Miranda, it is unanimously voted to defer to the end of the meeting.

 

6. City Manager Report

 

Mr. Lemont reports that the City’s United Way campaign, co-chaired by Joanna Brito and Stephanie Camille, netted an all-time high of $16,208.  In addition, the Fund for Community Progress raised $1650.00.  He also mentions that the City has Dress Down Day on Fridays, and from January 2002, a total of $3,271.00 has been collected.  The total of the charities raised by the employees of the City during that time totals $21,129.  He personally thanks Joanna and Stephanie for their efforts, and Onna Moniz-John and Lorraine Vieira for their efforts in the Fund for Community Progress.

 

REPORTS OF OTHER CITY OFFICIALS

 

By William J. Conley, Jr., City Solicitor)

 

Claims and Litigation Committee Report

 

Safety Insurance Group, Claim No. 02-52

Approved

Siravo, Joseph, Claim No. 02-61

Defer

Plymouth Rock Assurance Corporation, Claim No. 02-61

Refer to Law Department

Pawtucket Mutual Insurance Co., Claim No. 02-62

Refer to Insurance Carrier

Eccleston, Wayne E., Claim NO. 02-65

Approved

Roberts, Joseph, Claim No. 02-48

Refer to Insurance Carrier

Doxey, Donald, Claim No. 02-44

Refer to Insurance Carrier

 

On motion of Mr. Miranda, seconded by Mr. Rogers, and on a roll call vote, it is unanimously voted to accept as presented.

 

RESOLUTIONS

 

Resolution of the City of East Providence City Council Supporting the Initial Proposal Application to the US Environmental Protection Agency  (EPA) for Funding of $1,000,000 to Establish a Brownfields Remediation Revolving Loan Fund in the City of East Providence 

 

WHEREAS, The City of East Providence’s waterfront redevelopment area currently contains numerous Brownfields properties that are critical to the economic redevelopment efforts of the City of East Providence; and, 

 

WHEREAS, These properties cannot be re-used without proper remediation efforts utilizing acceptable practices established under the Rhode Island Department of Environmental Management Waste Management Program; and,

 

WHEREAS, The City could facilitate and aid in the remediation and re-use of these significant properties if it were able to provide revolving loan funds to private parties to complete the cleanup of these properties; and,

  

WHEREAS, The remediation of significant economic development properties in the redevelopment area would act as a catalyst to promote further private investment in the restoration of the City’s extensive waterfront.

 

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of East Providence that in recognition of the importance of the waterfront in supporting future economic development activity, it fully supports the Initial Proposal application for $1,000,000 in Revolving Loan Funds to the US Environmental Protection Agency and urges that the Agency act favorably in its review of this application.  

 

RESOLUTION NO. 7

On motion of Mr. Rogers, seconded by Mr. Miranda, and on a roll call vote, it is unanimously voted to approve.

 

INTRODUCTION OF ORDINANCES (If given first passage, can be referred to the next regular Council meeting to be held on Tuesday, January 7, 2003 for consideration of final passage)

 

The following ordinance adds a stop sign to Vanderland Avenue at Dewey Avenue

 

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 18-269 entitled “Stop and yield intersections designated; when stops required.”, by adding: 

 

VANDERLAND AVENUE ACCESS ROAD (so called), (northbound traffic) at DEWEY AVENUE.

 

(Requested by the Director of Public Works)

On motion of Mr. Rogers, seconded by Mr. Miranda, it is unanimously voted to dispense with the reading of the ordinance.

 

On motion of Mr. Miranda, seconded by Mr. Rogers, it is unanimously voted to approve for First Passage.

 

The following ordinance eliminates the super majority vote requirement for any increases in the water consumption rate.

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 17 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “UTILITIES.”, which amends Sec.  17-183 entitled “Charges to be based upon water consumption; rate” is amended by deleting therefrom the following:

 

(d) Any increase in the fixed meter charge, the rate per cubic foot, or any decrease in the exemption provided for herein must be approved by a vote of four members of the city council.

 

SECTION II.   This ordinance shall take effect November 1, 2001 and all ordinances and  parts of ordinances inconsistent herewith are hereby repealed.

 

(Requested by Councilman Patrick A. Rogers and Mayor Rolland R. Grant)

Mr. Rogers speaks on the ordinance.  He says the majority should rule, but doesn’t believe in a super majority.

 

On motion of Mr. Miranda, seconded by Dr. Ramos, it is unanimously granted to approve for First Passage.        

 

Unanimous Consent - Councilman Miranda

 

Mr. Miranda wishes all a Merry Christmas and Happy New Year.

He names his Christmas Display Committee: Shirley Miranda, Constance Silveira, Elaine Russo

 

Dr. Ramos states that he will select one person in each one of the wards and will submit the names to the City Clerk.

 

Mr. Rogers thanks the East Providence Community Chorus and the Rumford Junior Women’s Group for the holiday decorations on the Gazebo at Freedom Green.  He also mentions that lights on the flag poles will be installed shortly.

 

Mr. Harrington will submit his names soon.

 

Mayor Grant names Richard Smith, Brookfield Road; Mrs. Lucy Stoddard, Carolina Street; Mrs. Rose Pereira, Cumberland Road, and Mrs. Maria Lindia.

 

APPOINTMENTS

 

City Council Liaison to the School Committee

 

Mr. Norman J. Miranda

 

On motion of Mr. Rogers, seconded by Mr. Harrington, it is unanimously voted to approve.

 

COMMUNICATIONS

 

R.I. Campaign to Eliminate Childhood Poverty - 32 East Ave., Pawtucket, RI

 

Effort to keep the Welfare Dept. in the City of East Providence or East Bay Area

 

The City Solicitors swears in members of the public who speak in favor of the services remaining in the City at least three times per week.

 

George C. Page, 31 Forrest Avenue, Riverside, Rhode Island

Frances Doherty, 20 Outlook Avenue, East Providence, Rhode Island

Virginia Gonsalves, 129 No. Hull Street, East Providence, Rhode Island

Diane Sullivan, 48 Lincoln Avenue, East Providence, Rhode Island

James Heatherton, 1285 So. Broadway, East Providence, Rhode Island

 

Councilman Rogers states that it was previously stated that a day and a half was all that was needed, and he asks if the contract can be amended to extend the service to 3 days.  Mr. Lemont responds that the contract has not been closed yet.

 

Henry Shelton states that the recipients need night service.  He suggests that the facility be opened one night per week to serve the people.

 

Maryann Matthews, 51 Outlook Avenue, East Providence, Rhode Island asks the Council to prepare a Resolution to submit to the General Assembly for support in the future. 

 

Councilman Rogers states that something stronger than a Resolution should be achieved, and it should be a deed restriction, requiring that the office be opened for a minimum of 3 days and he makes the motion.

 

On motion of Councilman Rogers, seconded by Councilman Ramos, and on a roll call vote, it is unanimously voted to approve the deed restriction requiring 3 days.

 

Ted Loebenberg and other residents of the Wilson Avenue neighborhood requesting to address the City Council requesting a temporary  Stop Sign at Wilson and Bourne Ave.            

 

Theodore Loebenberg, Wilson Avenue, is present and sworn.  He asks that a temporary stop sign be placed at Wilson and Bourne Avenues to cut down on the speeders. 

 

Residents of Crown Avenue requesting to address the City Council regarding implementation of traffic calming measures

 

Jeff Walker, 117 Crown Avenue, East Providence, Rhode Island is present and sworn.  Mr. Walker speaks about the traffic and speeders on Crown Avenue and asks the Council to place speed bumps on the street. 

 

Zeb Macomber, 123 Crown Avenue, East Providence, Rhode Island is present and sworn.  He states that the street is nothing but a speedway and asks to have police presence often. 

 

On motion of Councilman Rogers, seconded by Councilman Harrington, and on a roll call vote, it is unanimously voted to go into Executive Session in accordance with Section 42-46-5 of the “Exceptions” of Chapter 46 of the General Laws, pursuant to Section 42-46-5-(a)(2)[Collective Bargaining, to discuss negotiations.

 

The open sessions recesses and goes into Closed Session at 10:08 p.m.

 

The meeting returns to open session at 10:25 p.m.  It is noted for the record that Councilman Rogers was absent for the Closed Session and is not present.

 

Mr. Conley reports that a motion was made by Councilman Miranda and seconded by Councilman Ramos that the matter be referred to the City Manager to negotiate with the Steelworkers Union 15509 regarding the two court clerks and one court administrator position.

 

Mayor Grant

Aye

Councilman Ramos

Aye

Councilman Harrington

Aye

Councilman Miranda

Aye

Councilman Rogers

Absent

 

Motion passed 4-1.

 

There being no further business, the meeting adjourns at 10:28 p.m.

 

Attest:

 

 

Valerie A. Perry, CMC             

Approved: January 7, 2003

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