CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
MONDAY
8:00 P.M.
____________________________________________________________________________
The City Council meets in the Council Chamber on Monday, April 18, 1994, and is called to order at 8:00 P.M. by Mayor Rolland R. Grant.
Present Rolland R. Grant Mayor )
Joseph S. Larisa, Jr. )
Gerald R. Lynch ) Council Members
Norman J. Miranda )
Robert D. Sullivan )
Paul E. Lemont ) City Manager
William J. Conley, Jr. ) City Solicitor
Valerie A. Perry ) City Clerk
(Kim Moitoza, Woods Reporting, 20 Fifth Street, Providence, Rhode Island, 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 Mayor Rolland R. Grant.
TO APPROVE THE CONSENT CALENDAR
On motion of Mr. Lynch, seconded by Mr. Sullivan, it is voted 4-0 to approve the Consent Calendar. Mr. Larisa is noted absent for the vote.
Coastal Resources Management Council
By Grover J. Fugate, Executive Director
File No. 94-3-50
FINDING OF NO SIGNIFICANT IMPACT to remove existing deck and construct a new 300 sq. ft. deck as per approved plans; located at Map 108, Block, Parcel 4; 1461 South Broadway. (Edith Suprenant)
Received as information.
Tag Days - September 8, 9 & 10, 1994
(Rain dates - September 15, 16 & 17, 1994)
Applicant - Riverside Pop Warner Football
Location - East Providence
Subject to Police Chief's approval
Unanimously approved, subject to Police Chief's approval.
Motion to change the order of business is made by Mr. Lynch, seconded by Mr. Miranda, and voted 4-0. Mr. Larisa is now present.
Jean Rosiello, Attorney at Law
Re: Montessori School, Inc. Orchard Street
Attorney Jean Rosiello, representing the Montessori School, addresses the Council. She asks for a refund of taxes erroneously paid by the school in the past.
Mr. Conley states that the school should not be paying taxes and says the Assessor has no authority to abate taxes, only the Council can do that.
After further discussion, Mr. Larisa makes a motion to defer the matter to the Solicitor's office. Mr. Sullivan seconds the motion. Mr. Lynch states that the matter should be reviewed by the Finance Director and asks that the matter be referred to the City Manager, Law Department and Finance Director. The motion is amended by Mr. Larisa and Mr. Sullivan and is voted 5-0.
Forrest B. Leland, 9 Westwood Lane, Barrington, RI
Use of Hull Street Playground for a Carnival; May 16 Carnival through May 22, 1994.
Forrest B. Leland addressed the Council regarding the use of Hull Street Playground for a Kiwanis Carnival. Mr. Miranda asks Mr. Leland if he checked on the availability of the high school with Mr. DeGoes, and says he feels the Carnival should be at the high school. Mr. Miranda speaks about the damage that was done to the playground the last time the Carnival was there.
Robert L. Bernstein, 555 Cul de Sac Way, is present and sworn. He says the last time the Carnival was at Hull Street Playground, there was no damage.
After further discussion, it is decided to refer the matter to the City Manager, who will check on alternative locations.
East Providence Harbor Management
By Bill Gallagher, Environmentalist
Re: Earth Day events and shore line clean-up.
Jesse Perry, Chairman of the Harbor Management Commission, introduces Ron Moore, Noel Mahler, Richard McCormick, Skip Mahler and Bill Gallagher, who addresses the Council on the upcoming Earth Day.
Mayor Grant speaks on Operation Clean Sweep, which is scheduled for April 23, 1994.
The meeting resumes to its regular agenda.
ORDINANCES - Final Passage - (Given first passage April 4, 1994)
Advertised - Providence Journal - April 11, 1994
** AN ORDINANCE IN AMENDMENT OF CHAPTER 11 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND,1987, AS AMENDED ENTITLED "PERSONNEL, PENSIONS AND RETIREMENT.", which amends Section I. Subsection (c) of Section 11-73 entitled "Certain practices prohibited."
CHAPTER NO. 296
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. Sullivan, and on a unanimous roll-call vote with all Council members present and voting, said ordinance is adopted.
Secondhand
Applicant - Arnold A. Andrade
dba - East Providence Auto Sales
Location - 2260 Pawtucket Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Advertised - East Providence Post - April 7, 1994
Kenneth Andrade, 1 Pawtucket Avenue, Bristol, Rhode Island, is present and sworn. Mr. Andrade states that he is present on behalf of his father, who wants to move his present business to Pawtucket Avenue.
On motion of Mr. Larisa, seconded by Mr. Miranda, and on a unanimous roll-call vote with all Council members present and voting, the above license is granted subject to all approvals.
Sunday/Holiday - Transfer of location only
Applicant - James Edward Toolin
dba - Rollercoasters
Location To - 213 Bullocks Point Avenue
From - 205 Bullocks Point Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
James Toolin, 20 Hazelton Road, Barrington, Rhode Island, is present and sworn.
Unanimously approved, on motion of Mr. Sullivan, seconded by Mr. Larisa subject to all approvals.
Carnival - May 20, 21 & 22, 1994
Applicant - Holy Ghost Beneficial Brotherhood
of Rhode Island
Location - 51 North Phillips Street
Subject to Police Chief's approval
Subject to Building Inspector's approval
Subject to Fire Marshal's approval
Subject to Electrical Inspector's approval
Mr. Miranda speaks on the Carnival. Unanimously approved on motion of Mr. Lynch, seconded by Mr. Larisa subject to all approvals.
Wrecker/Tower
Applicant - Coastal Towing, Inc.
Jim Martins
Location - East Providence
Subject to Police Chief's approval
Jim Martins, 149 Columbia Avenue, Pawtucket, Rhode Island, is present and sworn. Mr. Martins says he will be renting space from Ed Daft, who is giving up his towing rights. Mr. Sullivan says towers for the City are appointed by the Council. Mr. Martins says he will be towing only for Daft and not for the City. After further discussion, motion to approve for the wrecker/tower license only (not for City towing rights) is made by Mr. Sullivan, seconded by Mr. Larisa, and voted 5-0.
Mr. Sullivan receives Unanimous Consent to discuss towing. He says the City should have a uniform tow bill, and asks for a meeting with the City Manager, a Council representative, the Chief of Police, and the City towers to set a uniform fee. Mr. Lynch asks that he be included in the meeting and the motion for the meeting is made by Mr. Lynch, seconded by Mr. Miranda, and voted 5-0.
Finance/Purchasing
By Paul E. Lemont, City Manager
Requesting approval to award a (24 months lease)
Purchase Contract ($1.00 Buyout) to Security Capital Corporation for the financing of (10) Police vehicles.
Unanimously approved on motion of Mr. Lynch, seconded by Mr. Miranda.
Municipal Court
By Valerie A. Perry, Court Administrator
Requesting approval of Municipal Court Seal
On motion of Mr. Lynch, seconded by Mr. Miranda, it is unanimously voted to approve the Municipal Court Seal.
There are no Claim Reports at this time.
(By Councilman Norman J. Miranda)
Potholes
Mr. Miranda commends the Public Works Department for their work on the potholes.
(By Councilman Robert D. Sullivan)
Enterprise Zone
Mr. Sullivan makes a motion, seconded by Mr. Miranda, to set up a joint meeting between the Council and the East Providence General Assembly Delegation to discuss the Enterprise Zone. He asks that a breakfast meeting be set up within the next two weeks.
(By Councilman Joseph S. Larisa, Jr.)
1. The soundness of the East Providence Pension System
Mr. Larisa states that our pension system is a model not only for the State but for the entire country. He commends the City Manager and says Mr. Lemont has been able to save the taxpayers $5.8 million over the last 4 years.
2. The Legal Department's $75,000 victory
Mr. Larisa addresses the Council on the recent victory by the Law Department and commends the City Solicitor and his department.
He says the $75,000 award is the largest sanction rule in the country.
Mayor Grant receives Unanimous Consent to congratulate the new St. Francis Xavier Band.
Mr. Miranda receives Unanimous Consent to discuss a pending workshop with the Council, City Manager and the Chief of Police regarding Special Police Officers. Motion is made by Mr. Miranda, seconded by Mr. Sullivan, and voted 5-0 to set a date for the workshop.
1. * 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 amends Section I. Article III entitled "minimum Property Standards.", Division 4, Subdivision H, by adding thereto the following:
Section 4-254. Driveways.
Section II. Article III entitled "Minimum Property
Standards.", Division 5, Subdivision C, Section 4-328:
Section 4-328. Driveways, sidewalks and parking lots, (a) (b)
(If given first passage, can be referred to May 2, 1994, for hearing and consideration of final passage)
(Requested by Councilman Robert D. Sullivan)
Mr. Sullivan addresses the Council regarding the ordinance which deals with fraudulent paving contractors. Julia Forgue, Public Works Director, says the requirements would be very satisfactory. Mr. Larisa says he would like some professional guidance to set the minimum requirements for driveway construction.
After a lengthy discussion 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, to be held May 2, 1994, for a public hearing and consideration of final passage.
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 amends Section I. Article I. adding thereto the following:
4-20. Asphalt Contractors.
4-21. Posting of Permit.
4-22. Penalty. (a) (b) (c)
(If given first passage, can be referred to May 2, 1994 for hearing and consideration of final passage)
(Requested by Councilman Robert D. Sullivan)
Mr. Larisa says he wants a language change to the ordinance to say that it will be the responsibility of the contractor for posting of the building permit.
Mr. Conley says he will add language to the ordinance to reflect Mr. Larisa's request.
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 May 2, 1994, for a public hearing and consideration of final passage.
3. * AN ORDINANCE IN AMENDMENT OF CHAPTER 3 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE, ISLAND, 1987, AS AMENDED, ENTITLED "ANIMALS.", which amends Section I.
Subsection (b) of Section 3-16. entitled "Penalty."
(If given first passage, can be referred to May 2, 1994 for hearing and consideration of final passage)
(Requested by Law Department)
The above-entitled ordinance is introduced and, on motion of Mr. Lynch, seconded by Mr. Sullivan, 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 2, 1994, 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, 1987, AS AMENDED, ENTITLED "VEHICLES AND TRAFFIC", which amends Section I. the title of Section 18-10, presently entitled "Violation of chapter--Payment of fine in person or by mail in lieu of appearance before District Court.", and Subsections (a), (b), (c), (d), (e)
Section II. Section 18-11. entitled "Designation and duty of Police clerk to appeal in Court.", is hereby repealed.
(If given first passage, can be referred to May 2, 1994 for hearing and consideration of final passage)
(Requested by Law Department)
The above-entitled ordinance is introduced and, on motion of Mr. Sullivan, 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 regular Council meeting to be held May 2, 1994, for a public hearing and consideration of final passage.
5. * AN ORDINANCE IN AMENDMENT OF CHAPTER 15 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "SUBDIVISIONS.", which amends Section I.
Subsection 15-132 (f) (2) entitled "Type of material and size."
(If given first passage, can be referred to May 2, 1994 for hearing and consideration of final passage)
(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 regular Council meeting to be held May 2, 1994, for a public hearing and consideration of final passage.
6. * AN ORDINANCE IN AMENDMENT OF CHAPTER 8 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "ELECTRIC POLES AND WIRES.",
which amends Section I. 8-7. entitled "Permit to place wires."
Section II. Section 8-88. entitled "Application for permit to place poles and wires."
Section III. Section 8-89. entitled "Revocation of permit to place poles and wires; removal by City."
Section IV. Section 8-90. entitled "City to be indemnified."
Section VIII. Section 8-374. entitled "Revocation of permits to erect poles and wires; removal by City."
Section IX. Section 8-375. entitled "City to be indemnified."
Section X. Section 8-376. entitled "Locations to be approved; change of location."
Section XI. Section 8-377. entitled "Support and attachment of wires above ground."
Section V. Section 8-92. entitled "Poles to be provided by owner; use of poles by others."
Section VI. Section 8096. entitled "Poles to be marked."
Section VII. Section 8-372. entitled "Permit to place wires."
Section XII. Section 8-378. entitled "Placement of wires below ground."
Section XIII. Section 8-379. entitled "Use of poles by others."
(If given first passage, can be referred to May 2, 1994 for hearing and consideration of final passage)
(Requested by Law Department, City Clerk, City Council)
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 regular Council meeting to be held May 2, 1994, for a public hearing and consideration of final passage.
(By Mayor Rolland R. Grant)
Zoning Board of Review
(Alt. No. 1)
Bryan Silva 328 Warren Avenue 02914
(Alt. No. 2))
Eugene P. Saveory 78 Dyer Avenue 02915
Mayor Grant appoints Bryan Silva, Alternate I. and Eugene P. Saveory, Alternate II. to the above Board.
Mr. Conley states appointments will need to be made again for June 1, 1994 to comply with the new zoning
regulations.
Planning Board
Charles A. Goodwin 108 Prescott Avenue 02915
Replacing Eugene Saveory - Term expiring 1-15-97
On motion of Mr. Sullivan, seconded by Mr. Lynch,
Charles A. Goodwin is appointed unanimously to the unexpired term of Mr. Saveory.
Planning Board
Octavio Cunha 156 Walnut Street 02914
(Aux. member) Replacing Charles Goodwin - Term expiring 12-1-94
On motion of Mr. Miranda, seconded by Mr. Sullivan, it is unanimously voted to appoint Octavio Cunha to the unexpired term of Mr. Goodwin.
Jean Rosiello, Attorney at Law
Requesting to address the Council on Montessori School, Inc, Orchard Street.
(See page number 2 of this Journal)
Forrest B. Leland, 9 Westwood Lane, Barrington, Rhode Island
Requesting to address the Council for the use of Hull Street Playground for a Carnival: May 16 through May
22, 1994.
(See page number 2 of this Journal)
East Providence Harbor Management
By Bill Gallagher, Environmentalist
Requesting to address the Council, Re: Earth Day events and shore line clean up.
(See page number 3 of this Journal)
Mayor Grant receives Unanimous Consent to discuss the Business Expo, scheduled from 2:00 to 7:00 P.M. on April 19, 1994. He says more than 60 business will be exhibitors.
Meeting adjourned 9:58 P.M.
Attest:
Valerie A. Perry
City Clerk
Approved:_______________________________