June 20, 1994 - Journal of Regular Council Meeting 

 

CITY OF EAST PROVIDENCE

JOURNAL OF REGULAR COUNCIL MEETING

MONDAY

JUNE 20, 1994

8:00 P.M.

____________________________________________________________________________

 

The City Council meets in the Council Chamber on Monday, June 20, 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

 

Invocation is given by Councilman Norman J. Miranda.

 

Salute to the Flag is led by Councilman Joseph S. Larisa, Jr.

 

TO APPROVE THE CONSENT CALENDAR

On motion of Mr. Sullivan, seconded by Mr. Larisa, and on a unanimous roll-call vote, with all Council members present and voting, it is voted to approve the Consent Calendar.

 

CC ITEMS

 

APPROVAL OF COUNCIL JOURNALS

Regular Meeting - May 16, 1994

 

Unanimously approved.

 

Coastal Resources Management Council

By Grover J. Fugate, Executive Director

File No. 94-5-151

FINDING OF NO SIGNIFICANT IMPACT: Requesting to construct a 7'-6" x 12' second story timber deck, located at 188 Narragansett Ave, Plat Map 312, Block 65, Parcel 25.  (Kenneth Satterley)

 

Received as information.

 

Cancellations/Abatements

City Assessor requesting cancellation of taxes as follows:

 

    Year          Amount

    1993      $    216.06    

    1994        18,805.88

 

Approved.

 

 

PROCLAMATIONS, PRESENTATIONS AND INTRODUCTIONS

 

Rhode Island Junior Miss Day          

Dana Damiani of East Providence accepts the proclamation for Rhode Island Junior Miss Day.

 

Certificate of approval, East Providence Comprehensive Plan. (Presentation by Daniel Varin, Associate Director,

Division of Planning)

Presentation accepted.

 

PUBLIC HEARINGS

 

ORDINANCES - Final Passage - (Given first passage June 6, 1994.

Advertised - Providence Journal - June 9, 1994.

 

CH 2**    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.

Section 2-152 entitled "Establishment and Composition.", (a) (b)

 

Section II.  Section 2-153 entitled "Terms of Office"

 

(Requested by Historic Properties Designation and Study Commission)

CHAPTER NO. 309

 

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.

 

CITY COUNCIL SITTING AS LICENSING COMMISSIONERS

 

(For review only - Continued from March 21, 1994)

Alcoholic Beverage - Class B-Full Privilege (Victualer)

Applicant          - Ping C. Chin

dba                  - Ping Chin Island

Location           - 376 Bullocks Point Avenue

 

Attorney Robert L. Simmons, representing the applicant, addressed the Council.

 

Mayor Grant states that he has not received any complaints and Mr. Sullivan states that he has checked on the business and all restrictions have been complied with.

 

Mr. Simmons asks that restrictions be lifted and music be extended to 12:45 A.M. with closing at 1:00 A.M.

 

After discussion, motion is made by Mr. Lynch, seconded by Mr. Sullivan to approve the Alcoholic Beverage License with full privileges.  Motion passes unanimously on a roll-call vote.

 

Dance/Entertainment

Applicant        - Ping C. Chin

dba                - Ping Chin Island

Location         - 376 Bullocks Point Avenue

 

Motion is made by Mr. Sullivan, seconded by Mr. Lynch, to restore full privileges on Dance/Entertainment license, with music ceasing at 12:45 A.M.  Motion passes unanimously on a roll-call vote.

 

LICENSE APPROVALS REQUIRING PUBLIC HEARING

 

ALCOHOLIC BEVERAGE - Class B Full Privilege (Victualer)

Transfer

From       - Paradise Lounge, Inc.

dba         - 133 Club

To           - City-Side Restaurant, Inc.

dba         - Club 133

Location    - 29 Warren Avenue

Subject to Approvals from: Building Inspector, Health Inspector, R.I. Div. Taxation,

 

Arcaro, Bellilove and Kolodney

Objections due to indebtedness:

 

Rhode Island Distributing Co.

Central Beverage Corp

 

Souhail S. Khoury, 675 Putnam Pike, Greenville, Rhode Island, is present and sworn.

 

On motion of Mr. Larisa, seconded by Mr. Miranda, the above transfer of the Alcoholic Beverage License is unanimously granted on a roll-call vote with all Council members present and voting, subject to all approvals and subject to payments of all debts.

 

LICENSES REQUIRING NO PUBLIC HEARING

 

Victualling  - Class 1 - Transfer

From          - Paradise Lounge, Inc.

dba            - 133 Club

To              - City-Side Restaurant, Inc.

dba            - Club 133

Location    - 29 Warren Avenue

 

License unanimously approved on motion of Mr. Sullivan, seconded by Mr. Larisa.

 

Dance/Entertainment - Transfer

From                - Paradise Lounge, Inc.

dba                  - 133 Club

To                    - City-Side Restaurant, Inc.

Dba                  - Club 133

Location           - 29 Warren Avenue

 

Subject to Police Chief's approval

Subject to Building Inspector's approval

 

Unanimously approved subject to all approvals, on motion of Mr. Miranda, seconded by Mr. Sullivan.

 

Pool Table/Sunday Included - Transfer

From                - Paradise Lounge, Inc.

dba                  - 133 Club

To                    - City-Side Restaurant, Inc.

dba                  - Club 133

Location           - 29 Warren Avenue

 

Subject to Police Chief's approval

Subject to Building Inspector's approval

 

Unanimously approved subject to all approvals, on motion of Mr. Miranda, seconded by Mr. Sullivan.

 

Additional Hours

Applicant   - City-Side Restaurant, Inc.

dba           - Club 133

Location    - 29 Warren Avenue

 

Subject to Police Chief's approval

 

Mr. Khoury answers questions from the Council regarding the request for additional hours.  He says he wants to stay open until 4:00 A.M. to serve breakfast.  The Council discusses the potential problems.  After further discussion, motion is made by Mr. Miranda, seconded by Mr. Sullivan, to defer without prejudice.  Motion passes 5-0.

 

Gatherer

Applicant   - Gilbert J. Dubois - Pole 309 - Old Victory Highway, Mapleville, RI  02839

Location    - East Providence

 

Subject to Police Chief's approval

 

License denied on motion of Mr. Lynch, seconded by Mr. Miranda. 

Applicant not present for the second consecutive meeting.

 

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL

 

CITY OFFICIAL REPORTS

 

Public Works Department

By Julia A. Forgue, Public Works Director

Re:  Recommending Council approval of bond reduction for Village Park, Section III

 

On motion of Mr. Lynch, seconded by Mr. Miranda it is voted 5-0 to grant the bond reduction.

 

Planning Department

By Jeanne Boyle, Planning Director

1. Re:  1994-95 CDBG: Final Statement of objectives and proposed use of funds; City Council authorization of Budget.

 

On motion of Mr. Lynch, seconded by Mr. Miranda, and on a unanimous  roll-call vote with all Council members present and voting, it is voted to approve City Council authorization of Budget.

 

2. Memo dated 6-15-94 to City Council from Peter Poland, Secretary - Planning board

Re:  Dimensional Definitions and Lot Measurements. 

Requesting that the City Council refer to City Solicitor for preparation and advertising as ordinance amendment.

 

On motion of Mr. Sullivan, seconded by Mr. Miranda, it is unanimously voted to approved the ordinance amendment.

 

3. Memo dated 6-15-94 to City Council from Planning Board;

Re:  Providence and Worcester Railroad Easement to the City - Rumford Railroad Bridge.

 

On motion of Mr. Lynch, seconded by Mr. Sullivan, it is unanimously voted to approve the easement to the Rumford Railroad Bridge.

 

CLAIMS COMMITTEE

On motion of Mr. Miranda, seconded by Mr. Sullivan it is unanimously voted to accept the Claims Committee report.

 

          (See Council File for report)

 

The meeting recesses at 8:50 P.M. and reconvenes at 9:00 P.M. with all Council members present.

 

 

COUNCILMEN

 

(By Councilman Robert D. Sullivan)

Petition from residences of River Street requesting drainage system and road resurfacing.

 

Mr. Sullivan asks the petitioner to address the Council.

 

Thomas W. Lolio, Jr. 105 River Street, is present and sworn.  Mr. Lolio presents the petition for the record.

 

At the request of Councilman Sullivan, item is referred to the Planning Department for further study.

 

RESOLUTIONS

 

RESOLUTION REQUESTING INSTALLATION OF EMERGENCY TELEPHONES ON THE EAST BAY BIKE PATH

 

(Requested by Councilman Joseph S. Larisa, Jr.)

Resolve No. 54         

 

Mr. Larisa suggests sending the Resolution to Nynex, which he says would be a good public relations move for Nynex to provide free phones.

 

The above-entitled Resolution is introduced and on motion by Mr. Larisa, seconded by Mr. Sullivan and on a unanimous vote, is adopted.

 

INTRODUCTION OF ORDINANCES

 

1. *     AN ORDINANCE IN AMENDMENT OF CHAPTER 4 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "BUILDING AND BUILDING REGULATIONS.", which amends Subsection (a) of Section 4-331 entitled "Dumpsters, trash

containers."

 

(Requested by Councilman Norman J. Miranda)

 

(If given first passage, can be referred to the next regular council meeting to be held, July 18, 1994, for hearing and consideration of final passage)

 

The above-entitled ordinance is introduced and on a motion by Mr. Miranda, seconded by Mr. Lynch, withdrawal request is unanimously granted.

 

 

2. *     AN ORDINANCE IN AMENDMENT OF CHAPTER 8 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "LICENSES AND BUSINESS REGULATIONS.", which amends Section 8-66 entitled "Amusements generally", by adding:

 

(14)  Theatrical performances:

    (a) Nonprofit/Charitable Organizations  Free

    (b) All others                       $25.00 per day

 

(Requested by City Clerk)

 

(If given first passage, can be referred to the next regular council meeting to be held, July 18, 1994, for hearing and consideration of final passage)

 

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 on July 18, 1994, for a public hearing and consideration of final passage.

 

3. *     AN ORDINANCE IN AMENDMENT OF CHAPTER 9 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE 1987, AS AMENDED, ENTITLED "MISCELLANEOUS OFFENSES.", which amends Section I. Section 9.3 entitled "Disorderly or indecent conduct.", (a) (b) (c) (d) (e) (f) (g)

 

Section II. The title of Section 9-10. is amended to read as follows:

 

Section 9-10. Property damage generally; obstruction of lawful pursuits.

 

Section III. Section 9-10. is amended by adding thereto the following:  (6) & (7)

 

(Requested by Councilman Robert D. Sullivan)

 

(If given first passage, can be referred to the next regular Council meeting to be held July 18, 1994 for hearing and consideration of final passage)

 

The above-entitled ordinance is introduced and, on motion of Mr. Sullivan, 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 July 18, 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 ISLAND, 1987, AS AMENDED ENTITLED "VEHICLES AND TRAFFIC.", which amends Article X entitled "Stopping, Standing and Parking.", Subsection 18-311 entitled "Same--Sixty minutes." is amended by adding thereto the following:

 

Vincent Avenue (north side), from a point 180 feet west of Pawtucket Avenue westerly for a distance of 100 feet between 8:00 A.M. and 6:00 P.M.

 

(Requested by Director of Public Works)

 

(If given first passage can be referred to the next regular Council meeting to be held July 18, 1994 for hearing and consideration of final passage)

 

The above-entitled ordinance is introduced and, on motion of Mr. Miranda, 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 July 18, 1994, for a public hearing and consideration of final passage.

 

5. *    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 Section 18-269 entitled "Stop and yield intersections designated; when stops required.", by adding thereto the following:

 

     Riley Drive (northbound traffic) at its intersection with Garden Drive

     Riley Drive (southbound traffic) at its intersection with Madeline Drive

 

(Requested by Director of Public Works)

 

(If given first passage can be referred to the next regular Council meeting to be held July 18, 1994 for hearing and consideration of final passage)

 

The above-entitle 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 on July 18, 1994, for a public hearing and consideration of final passage.

 

 

APPOINTMENTS

 

(By Mayor Rolland R. Grant)

Economic Development Commission

 

     Daniel Spaight            54 Plymouth Road  02914

 

Mayor Rolland R. Grant appoints Daniel Spaight to the above Commission.

 

On motion of Mr. Sullivan, seconded by Mr. Lynch, it is unanimously approved.

 

(Councilman Gerald R. Lynch)

   Historic Properties - Designation Committee

William R. Simpson        194 Don Avenue    02916

(Term expires 6-20-97)

 

On motion of Mr. Lynch, seconded by Mr. Miranda, William R. Simpson is unanimously appointed to the above Board.

 

Meeting adjourned 9:22 P.M.

 

Attest:

 

 

 

Valerie A. Perry

City Clerk

 

Approved:____________________________________

 

 

 

          + ADDENDUM - 2a

 

         

June 20, 1994 - Journal of Regular Council Meeting
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