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, March 21, 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
(Tracy Simoneau, Woods Reporting, 20 Fifth Street, Providence, Rhode Island, is present to record the proceedings of the public hearings)
Invocation is given by Councilman Joseph S. Larisa, Jr.
Salute to the Flag is led by Councilman Norman J. Miranda.
APPROVE CONSENT CALENDAR
On motion of Mr. Lynch, seconded by Mr. Sullivan, and on a unanimous roll-call vote with all Council members present and voting, it is Voted that the Consent Calendar be approved.
Conduit, Buried Cable Location - New England Telephone and Telegraph Company - Crescent View Avenue (WO#930838)
Subject to Fire Chief's approval; work to be done subject to Public Works Director's supervision.
Unanimously approved, subject to all stipulations.
Planning Department
By Jeanne Boyle, Director of Planning
Re: 1994 Draft East Providence Recreation Recovery Action Program (RRAP)-submission to the National Park Service
Jeanne Boyle, Planning Director, addresses the Council.
There are no public comments. Motion to approve made by Mr. Sullivan, seconded by Mr. Lynch, and unanimously
voted on a roll-call vote.
ORDINANCES - Final Passage
(Given first passage January 4, 1994)
Advertised - Providence Journal - January 27, February 3, 10, 1994 (Display Ad)
1. ** 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 Councilman Norman J. Miranda)
CHAPTER NO. 288
(Deferred from March 7, 1994)
Planning Board
By Peter Poland, Secretary
Re: Zoning Ordinance Amendment - Definition of Dwelling Unit - Recommendation of Adoption
Mr. Conley states that the definition recommended by the Planning Department is different than the definition contained in the ordinance for final passage, and the appropriate procedure would be to defer final passage and give it first passage later in the meeting. Motion to defer is made by Mr. Miranda, seconded by Mr. Sullivan and is voted unanimously on a roll-call vote.
(Given first passage March 7, 1994)
Advertised - Providence Journal - March 11, 1994
2. ** 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. in accordance with Section 11-111 entitled "Adoption."
CHAPTER NO. 293
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.
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. Section 2-249 entitled "Cooperative purchasing."
CHAPTER NO. 294
(Requested by Law Department)
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. Miranda, and on a unanimous roll-call vote with all Council members present and voting, said ordinance is adopted.
At the request of Mr. Conley, motion made by Mr. Larisa, seconded by Mr. Miranda, to change the order of business and go back to the Dwelling Unit Ordinance. Mr. Conley states that this is a Zoning Ordinance and it differs from regular ordinances in that it may be amended on final passage without an additional first passage. He says it can be approved as final passage with the changes. Motion is made by Mr. Miranda, seconded by Mr. Lynch, to approve for final passage. Motion passes unanimously on a roll-call vote.
LICENSES
Carnival - April 7-10, 1994
Applicant - Providence Country Day School
Location - 2117 Pawtucket Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Subject to Fire Marshal's approval
Subject to Electrical Inspector's approval
Ronald Rebello, 108 Legion Way, Cranston, Rhode Island, is present and Sworn. After answering questions from the Council, motion to approve is made by Mr. Sullivan, seconded by Mr. Miranda and unanimously voted on a roll-call vote.
Alcoholic Beverage License - Class F - 19 hours beginning 6:00 A.M. May 20-21-22, 1994
Applicant - Holy Ghost Beneficial Brotherhood of R.I.
Location - 51 North Phillips Street
Subject to Police Chief's approval
Letter Of Opposition
By Frederick L. DeAngelis - 82 Orchard Street
Re: Requesting to address the Council in opposition of Festival permits; Phillips Street Hall.
Frederick DeAngelis, 82 Orchard Street, is present and sworn. Mr. DeAngelis asks for some time limits to the public address system used at the festival. He asks that a cut off time be in effect at 11:00 P.M. on Friday and Saturday evenings, and 10:00 P.M. on Sunday evening. Also, he asks that the area be cleaned up after the festival and speaks of litter problems after past festivals.
Mr. Miranda speaks on the issue. He states that the area is always cleaned up after. Mr. Lynch states that the festival hours have been changed for all festivals and suggests that if there is a police problem, then the police or Mr. Miranda should be notified.
After further discussion, motion to approve the license with an entertainment cut off time of 12:00 A.M. Friday and Saturday, and 10:30 P.M. Sunday, is made by Mr. Miranda, seconded by Mr. Lynch, and unanimously voted on a roll-call vote.
Victualling - Class 3/Not over 25
Applicant - Harbor View Tenants Association
Location - 3663 Pawtucket Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Subject to Health Inspector's approval
John Vincent, 3663 Pawtucket Avenue, is present and sworn.
On motion of Mr. Lynch, 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
Applicant - FRB Corp.
dba - Riverside Convenience Store
Location - 970 Willett Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Victualling - Class 3/Not over 25
Applicant - FRB Corp.
dba - Riverside Convenience Store
Location - 970 Willett Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Subject to Health Inspector's approval
Richard Bianco, 9 Half Mile Road, Barrington, Rhode Island and Stacey Davis, 222 Forbes Street, are present and sworn.
On motion of Mr. Sullivan, seconded by Mr. Larisa, it is unanimously voted to grant the above two licenses to FRB Corp. subject to all approvals.
Meeting recesses at 8:50 P.M. and reconvenes at 9:00 P.M. with all Council members present.
Wrecker/Tower
Applicant - Ed's Garage, Inc.
Location - 140 Forbes Street
Subject to Police Chief's approval
On motion of Mr. Sullivan, seconded by Mr. Larisa, it is unanimously voted to grant the above license subject to all approvals.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
Alcoholic Beverage License - Class B Full Privilege
(Victualer) and Dance/Entertainment License
Applicant - Ping Chin's Island Restaurant
dba - Ping C. Chin
Location - 376 Bullocks Point Avenue
(For review only)
Robert Simmons, Attorney for the applicant, addresses the Council.
He asks that the stipulations be lifted from the license because his client is losing money with the restricted hours.
Mr. Larisa says he is concerned that if the time restrictions are lifted, the problem will resurface. Mr. Simmons responds that his clients have tightened up their operation and have hired bouncers and are keeping the parking lot clean. Mr. Larisa asks if his client is given another half hour, would they be amenable to another 90 day review.
Mr. Simmons says they would.
A discussion is held regarding notifying the neighbors. Mr. Lynch and Mr. Miranda say they feel the neighbors should be notified before any decisions are made. It is suggested that the City Clerk send a notice to the people who signed the petition objecting to the license and place the matter on the next meeting's agenda.
Mr. Sullivan says he has not received one complaint since the restrictions were put in place. He says they are not here tonight for the liquor license, but for the entertainment license. He says he can't see the applicants paying an attorney to come back to another meeting for only a half hour more of entertainment. He makes a motion to extend the entertainment to 12:15 A.M., with the bar to close at 12:45 A.M., with no changes in the present operation, and a further review in 90 days. Mr. Larisa seconds the motion.
Roll call vote follows:
Mr. Larisa Aye
Mr. Lynch Nay
Mr. Miranda Nay
Mr. Sullivan Aye
Mayor Grant Aye
Motion passes 3-2.
Transfer of Valco Contract
Mr. Lemont states that Valco, for a variety of reasons, is intending to get out of the trash hauling business and has requested that the City assign the contract to Liberty Disposal. Mr. Lemont says that Liberty Disposal meets all the requirements of the City, and he recommends approval.
Mr. Lynch says he has had hundred of complaints since Valco took over as trash hauls in the City and hopes that Liberty Disposal gives good service to the City.
Richard A. Cook, 735 Willett Avenue, is present and sworn. Mr. Cook urges the Council to approve a contract with Liberty Disposal and says the City will never see those bid prices again.
After further discussion, motion to approve is made by Mr. Miranda, seconded by Mr. Larisa, and voted unanimously on a roll-call vote.
Public Works
By Julia A. Forgue, Director of Public Works
Re: Recommending bond reduction for Moore Farm Plat.
Unanimously approved.
Planning Department
By Jeanne Boyle, Planning Director
1. New England Telephone Easement
Jeanne Boyle, Planning Director, addresses the Council.
She says the Planning Board is requesting a deferral on the matter to give them time to look at the compensation issue. Motion to defer made by Mr. Larisa, seconded by Mr. Miranda, and voted 5-0.
2. Request for approval to submit rehabilitation grant application to National Park Service
Motion to approve made by Mr. Sullivan, seconded by Mr. Miranda, and voted 5-0.
On motion of Mr. Sullivan, seconded by Mr. Miranda, it is unanimously voted to accept the Claims Committee Report. (See Council file for report)
(By Mayor Rolland R. Grant)
Sewer Problem - Merritt Road
Mayor Grant commends the wastewater staff for work done after a failure in the pump station at Merritt Road. Mr. Grant says he would like to see some cost factors with respect to the area around the pump station on Merritt Road.
(By Councilman Joseph S. Larisa, Jr.)
Special Police Officer Options
Mr. Larisa recommends a workshop to study the problem of dozens of Special Police Officers who are never assigned jobs. He says his goal is to make sure every Special Police Officer who does work gets reappointed in some way or other. He suggests each Councilman have ten appointments each. Also, all retired Police Officers be eligible for reappointed in unlimited number. He makes a motion to hold the workshop.
Mr. Miranda seconds the motion.
After further discussion, roll-call vote taken on the motion:
Mr. Larisa Aye
Mr. Lynch Nay
Mr. Miranda Aye
Mr. Sullivan Aye
Mayor Grant Aye
Motion passes 4-1.
(By Councilman Robert D. Sullivan)
Municipal Court Officer
Charles A. Goodwin, Jr. 108 Prescott Avenue 02915
On motion of Mr. Sullivan, seconded by Mr. Miranda, it is unanimously voted to appoint Charles A. Goodwin, Jr. as Municipal Court Officer.
Motion passes 5-0.
Motion made by Mr. Larisa, seconded by Mr. Miranda, to go into Closed Session to discuss character and job performance of applicants based on interviews for Municipal Court Teller positions. Motion passes unanimously on a roll-call vote.
Open meeting recesses at 10:29 P.M. and goes into Closed Session.
(See separate folder for Closed Session)
Municipal Court Tellers
(See separate folder)
Open Session resumes at 10:50 P.M. with all Council members present.
Municipal Court Teller (2)
Motion is made be Mr. Larisa, seconded by Mr. Lynch, for Unanimous Consent to appoint the Municipal Court Tellers. Motion passes 5-0.
Mr. Lynch commends the committee for their recommendations.
Paula C. Alves, 20 Fenmoor Street, is appointed on a motion made by Mr. Miranda, seconded by Mr. Larisa, and voted 5-0.
June O'Hara, 159 Martin Street, is appointed on motion of Mr. Larisa, seconded by Mr. Lynch, and voted 5-0.
East Providence Coalition
By Ken Schneider, President
Ken Schneider, 33 Edward Avenue, is present and sworn.
Mr. Schneider, President of the East Providence Coalition, addresses the Council on concerns relating to Ocean State Steel. He says letters to City officials have gone unanswered and he believes they are obligated to answer. He presents petitions signed by residents regarding the noise level of Ocean State Steel.
Mr. Lemont says that noise testing has been done on Ocean State Steel and they were found to be in compliance. He says every time testing is done, it costs the City $1,000.
Mr. Larisa says he wants Mr. Schneider's letters responded to with cc's to the City Council, and says the Council should receive the report regarding the noise test done by Ocean State Steel in November of 1993, and makes a motion to same. Mr. Lynch seconds the motion for discussion.
After discussion, roll-call vote is taken on the motion, which passes unanimously.
Meeting adjourns at 11:30 P.M.
Attest:
Valerie A. Perry
City Clerk
Approved:_____________________________