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, January 4, 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
(Darlene LaPlante, Woods Reporting, 20 Fifth Street, Providence, Rhode Island, is present to record the proceedings of the public hearings)
Invocation is given by Mayor Rolland R. Grant.
Salute to the Flag is led by Councilman Joseph S. Larisa, Jr.
TO APPROVE THE CONSENT CALENDAR
On motion of Mr. Larisa, seconded by Mr. Lynch, and on a unanimous roll-call vote with all Council members present and voting, it is voted that the Consent Calendar be approved as amended.
APPROVAL OF COUNCIL JOURNALS
Regular Meeting - December 6, 1993
Executive Session - December 6, 1993
Approved.
On motion of Mr. Larisa, seconded by Mr. Lynch and on a unanimous vote, it is voted to remove the Executive Session of the meeting from the Consent Calendar and keep the minutes closed.
(Permission to advertise)
Alcoholic Beverage License - Class B Full Privilege
(Victualer)
Applicant - Goldie's Lounge, Inc.
Location - 3712 Pawtucket Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Subject to Health Inspector's approval
Approved.
Town of Glocester
By Patricia A. Hayward
Support of a Resolution relative to local prosecution of DWI/DUI refusal cases.
Approved.
ORDINANCES - Final Passage - (Given first passage December 20, 1993)
Advertised - Providence Journal - December 23, 1993
** AN ORDINANCE IN AMENDMENT OF CHAPTER 9 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987 AS AMENDED, ENTITLED "MISCELLANEOUS OFFENSES," which amends Section I. Subsection 9-14 Approved entitled "Miscellaneous Offenses", by adding thereto the following:
Section 9-14. Sale of cigarettes by vending machines prohibited.
CHAPTER NO. 276
(Requested by Mayor Rolland R. Grant)
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. Sullivan, seconded by Mr. Larisa, and on a unanimous roll-call vote with all Council members present and voting, said ordinance is adopted.
LICENSES
** ALCOHOLIC BEVERAGE LICENSE - Class B Full Privilege
(Victualer)
Advertised - East Providence Post - November 18 & 25, 1993
Applicant - Tropical Ilhas, Inc.
Location - 472 Waterman Avenue
Approved - Chief of Police
Subject to Building Inspector's approval
Subject to Health Inspector's approval
Victualling - Class 2/Not over 50
Applicant - Tropical Ilhas, Inc.
Location - 472 Waterman Avenue
Approved - Chief of Police
Subject to Building Inspector's approval
Subject to Health Inspector's approval
Mayor Grant says that a petition received by the Council must be certified.
On motion of Mr. Miranda, seconded by Mr. Sullivan, and on a roll-call vote with all Council members present and voting, it is unanimously voted to defer the above licenses to the next regular Council meeting to be held, January 18, 1994.
Secondhand Antiques
Applicant - Timothy & Elizabeth Patnaude
dba - Look & Listen Ltd.
Location - 25B Circle Street
Approved - Chief of Police
Subject to Building Inspector's approval
On motion of Mr. Lynch, seconded by Mr. Larisa, and on a unanimous roll-call vote with all Council members present and voting, said license is approved subject to all approvals.
Secondhand/Clothing
Applicant - Diane Paiva
dba - Once Around Memory Lane
Location 498 North Broadway
Approved - Chief of Police
Subject to Building Inspector's approval
Diane Paiva and Michael Paiva, 442 North Broadway, are present and sworn.
On Motion of Mr. Lynch, seconded by Mr. Larisa, it is unanimously voted on a roll-call vote with all the Council members present and voting, to grant the above license subject to all approvals.
Sunday/Holiday
Applicant - Always In Season
Location - 413 Waterman Avenue
Approved - Chief of Police
Subject to Building Inspector's approval
Debbie Reposa, 54 What Cheer Avenue, is present and sworn.
Responding to a question from Mr. Lynch about the need for applicants to appear before the Council for a Sunday/Holiday license, Mr. Conley states that it may be possible to have City Clerk's and City Manager's approval on those kinds of licenses, if they already have an existing license. He says he will check into it.
Unanimously granted on motion of Mr. Miranda, seconded by Mr. Lynch.
Department of Public Works
By Julia A. Forgue, Director of Public Works
Re: Recommendation of Award Environmental Engineering Services
Unanimously granted on motion of Mr. Larisa, seconded by Mr. Miranda.
Law Department
By William J. Conley, Jr., City Solicitor
Re: Drain Line Easement - Edmund Place Associates
Unanimously accepted on motion of Mr. Larisa, seconded by Mr. Miranda.
Pending Litigation - Silva vs. Witschen - Settlement proposal - refer to Law Department for report
Stanley Adalio - Property damage to vehicle - denied
Nancy Castro - property damage by police (guns) - denied
Joseph Derrick - medical expenses incurred while employed by City (90.00) - approved
Charles Hall - medical expenses incurred as a result of an on the job injury (318.85) - approved
Charles Jefferds - property damage to vehicle - refer to RIDOT
Paul & Suzanne Maria ppa James Maria - personal injuries to son (10,000.00) - refer to insurance carrier
Michael Mello - personal injuries incurred as a result of a sidewalk fall - refer to RIDOT
Robert Pereira - personal injuries - refer to RIDOT
Alfred Tamburro - violation of civil rights - refer to insurance carrier
Manuel Young - property damage to vehicle by Police vehicle (185.70) - approved
Katrina Finona - personal injuries to minor at Glynlyon Field - refer to insurance carrier
Gordon Klegraefe - property damage to vehicle - denied
The report of the Claims Committee is unanimously received as information on the motion of Mr. Lynch, seconded by Mr. Miranda.
(By Councilman Joseph S. Larisa, Jr.)
1. Municipal Court Referendum
Mr. Larisa says it is a disservice to the voters to create a third branch of government and asks for a referendum to let voters decide on whether the City should have a Municipal Court.
Motion is made by Mr. Larisa, seconded by Mr. Lynch, to put on the November ballot a non-binding referendum for Municipal Court.
Discussion follows.
Mr. Lynch says the original intent for the Court was for housing violations and says he does not think the city should have a traffic court. He says he wants to see the real cost of the operation.
Mr. Sullivan suggests there is a conspiracy in the City to kill the Court completely and speaks on the need for the Court.
After further discussion, a roll-call vote is held on Mr. Larisa's motion to place a non-binding referendum on the November ballot.
Roll-call vote as follows:
Mr. Larisa Aye
Mr. Lynch Aye
Mr. Miranda Nay
Mr. Sullivan Nay
Mayor Grant Nay
Motion is denied on a 2-3 vote.
2. City Manager Compensation Agreement
Mr. Larisa speaks on the issue and says he feels the City Manager's compensation is reasonable. He says his only purpose in a Compensation Agreement is to let the public know in writing what the City Manager is getting in salary and benefits. He asks the Council to review his draft and get back to him and Mr. Conley with their comments.
3. Special Police Officer Insurance
Mr. Larisa speaks on Special Police Officer insurance.
He says the City's insurance carrier is going to assess Cities and Towns $1,000 for each Special Police Officer. He proposes authorizing the City Manager to have a study conducted with recommendations to be brought back to the Council. He says a couple of options would be to remove guns from the Special Police Officers, or to limit Council members to one or two Special appointments who can carry guns.
Chief Winquist addresses the Council on the matter. He says Newport has a separate category of Traffic Control, in which uniforms are different from the Police Officers and applicants do not carry guns.
The Council agrees that a separate meeting is needed to discuss the issue and ask for a report outlining the costs.
The meeting recesses at 9:30 P.M. and reconvenes at 9:40 P.M. with all Council members present.
(By Councilman Robert D. Sullivan)
Municipal Court Location - City Garage, Commercial Way
At the request of Mr. Sullivan, the item is deferred until after the reading of the Ordinance pertaining to Municipal Court.
1. RESOLUTION REQUESTING LEGISLATION TO REQUIRE THE RHODE ISLAND DEPARTMENT OF THE ATTORNEY GENERAL TO CONTINUE TO PROSECUTE BREATHALYZER REFUSAL CASES.
RESOLVE NO. 33
(Requested by Councilman Robert D. Sullivan)
The above-entitled Resolution is introduced and, on motion of Mr. Sullivan, seconded by Mr. Larisa, and on a unanimous roll-call vote with all Council members voting, is adopted.
1. * 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 Article X entitled "Stopping, Standing and Parking", Subsection 18-307 entitled "Parking prohibited at all times.", by adding thereto the following:
Seth Street (north side), from South Broadway westerly for a distance of 150 feet.
(If given first passage, can be referred to January 18, 1994, for hearing and consideration of final passage)
(Requested by Director of Public Works)
Mr. Miranda asks the Public Works Director about the ordinance and says he will speak to the neighbors before second passage.
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 January 18, 1994, for a public hearing and consideration of final passage.
2. * AN ORDINANCE IN AMENDMENT OF CHAPTER 19 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND 1987, AS AMENDED, ENTITLED, "ZONING", which amends Section I. Section 19-1 entitled "Definitions." Lot Line, Section 19-141.
Section II. Section 19-52 entitled "Appeal Application Process." (a) (b)
Section III. Section 19-54 entitled "Appeal - Review and Determination." (a) (b) (c) (d) (e)
Section IV. Subsection (a) of Section 19-364 entitled "Review Procedure." (a)
Section V. Subsection (e) entitled "Referrals." of Section 19-453 entitled "Procedure."
Section VI. Subsection (a) entitled "Generally." of Section 19-458 entitled "Application requirements." (a)
(Requested by Planning Board)
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, January 18, 1994, for a public hearing and consideration of final passage.
3. * AN ORDINANCE IN AMENDMENT OF CHAPTER 2 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND 1987, AS AMENDED, ENTITLED "ADMINISTRATION.", which amends Section I. Chapter 2, by adding thereto the following:
ARTICLE VI. Municipal Court
Section 2-250. Establishment of Municipal Court; Jurisdiction.
Section 2-251. Appointment, Term, Qualifications of Judge.
Section 2-252. Witnesses, Issuance of Writs and Subpoenas, Warrants.
Section 2-253. Municipal Court Clerk--Appointment, Terms, Qualifications and Duties.
Section 2-254. Seal; Oaths.
Section 2-255. Sessions; Time; Place.
Section 2-256. Fines; Penalties; Imprisonment.
Section 2-257. Court costs
Section 2-258. Charter Provisions.
Section 2-259. Compensation of Municipal Court Judge; Municipal Court Clerk; Administrators and Clerical Assistants.
Section 2-260. Acting Judge/Acting Clerk.
(Requested by Councilman Robert D. Sullivan)
The above-entitled ordinance is introduced and motion to approve is made by Mr. Sullivan, seconded by Mr. Miranda.
Discussion follows.
Mr. Lynch says he asked for information on the cost of the court and never received that information.
Mr. Larisa says the court must receive the trust of the public, and he must vote against.
After further discussion, a roll-call vote is taken:
Mr. Larisa Nay
Mr. Lynch Nay
Mr. Miranda Aye
Mr. Sullivan Aye
Mayor Grant Aye
Motion passes 3-2.
2. RESOLUTION REQUESTING TWO JUDGES FOR THE CITY OF EAST. PROVIDENCE MUNICIPAL COURT.
(Requested by Councilman Robert D. Sullivan)
RESOLVE NO. 34
Mr. Sullivan asks that the matter be deferred until after the reading of the Ordinance pertaining to Municipal Court.
After discussion, the above-entitled Resolution is introduced and on motion of Mr. Sullivan, seconded by Mr. Miranda, and on a roll-call vote, is adopted.
Roll-call vote as follows:
Mr. Larisa Nay
Mr. Lynch Nay
Mr. Miranda Aye
Mr. Sullivan Aye
Mayor Grant Aye
Motion passes 3-2.
Mr. Sullivan proposes housing the court at the City Garage. A discussion follows.
Mr. Lemont speaks on the issue. He says that he does not think this is the place to hold the court, and while the site is not his first choice, there is room and it is close to the Police Department.
After further discussion, motion is made by Mr. Sullivan, seconded by Mr. Miranda, to direct the City Manager to take immediate action to get the building ready for the court.
Roll-call vote follows:
Mr. Larisa Nay
Mr. Lynch Nay
Mr. Miranda Aye
Mr. Sullivan Aye
Mayor Grant Aye
Motion passes 3-2.
4. * AN ORDINANCEANCE IN AMENDMENT OF CHAPTER 15 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND 1987, AS AMENDED, ENTITLED "SUBDIVISION.", which amends
Section I. Section 15-32 entitled "Scale.", Section II.
Subsection (a) of Section 15-39 entitled "Hearings."
Section III. 15-62 entitled "Scale."
(Requested by Planning Board)
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 January 18, 1994, for a public hearing and consideration of final passage.
5. * AN ORDINANCE IN AMENDMENT OF CHAPTER 19 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND 1987, AS AMENDED, ENTITLED "ZONING.", which amends Section I. The definition of dwelling unit listed under Section 19-1 entitled "Definitions."
(Requested by Council Norman J. Miranda)
The above-entitled ordinance is introduced and, on motion of Mr. Miranda, 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 January 18, 1994, for a public hearing and consideration of final passage.
6. ** AN ORDINANCE IN AMENDMENT OF CHAPTER 9 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND 1987, AS AMENDED, ENTITLED "MISCELLANEOUS OFFENSES.", which amends Sec. I. Subsec. 9-15 entitled "Miscellaneous Offenses", by adding thereto the following:
Sec 9-15. Sale of cigarette rolling papers prohibited. (a) (b)
(Requested by Rolland R. Grant)
The above-entitled ordinance is introduced and, on motion of Mr. Larisa, 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 January 18, 1994, for hearing and consideration of final passage.
Gregory Gammell is unanimously reappointed Tree Warden on a motion by Mr. Sullivan, seconded by Mr. Miranda.
Mr. Miranda thanks the Public Works Department for the work they did after the recent storm.
Mr. Larisa thanks the Fire Department for the work done during the recent fires in his neighborhood.
Meeting adjourns at 10:50 P.M.
Attest:
Valerie A. Perry
City Clerk
Approved:_____________________________