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, May 2, 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
(Claudia Merandi, 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 Norman J. Miranda.
TO APPROVE THE CONSENT CALENDAR
On motion of Mr. Lynch, seconded by Mr. Miranda, and on a unanimous roll-call vote with all Councilmen present and voting, it is voted that the Consent Calendar be approved.
Coastal Resources Management Council - Assent
By Grover J. Fugate, Executive Director
File No. 94-1-59
Requesting to construct and maintain an "as built", (to be modified) timber pile seawall, approximately 170 linear feet, total length.
(East Providence Yacht Club)
Received as information.
Coastal Resources Management Council
By Grover J. Fugate, Executive Director
File No. 94-4-12
FINDING OF NO SIGNIFICANT IMPACT - to construct an 8' x 12' timber deck attached to dwelling, located at 226 Narragansett Avenue, Map 313, Block 1, Parcel 9.
(Linda Williams)
Received as information.
Joint Pole Location - The New England and Telephone and Telegraph Company and the Narragansett Electric Company
Pleasant Street (NE32-94)
Subject to Fire Chief's approval; work to be done subject to Public Works Director's supervision.
Unanimously approved subject to all stipulations.
Poppies - May 19, 20 & 21, 1994
Applicant - Primmer Cordeiro Post #5385
Location - East Providence
Subject to Police Chief's approval
Unanimously approved subject to Police Chief's approval.
Cancellations/Abatements
City Assessor requesting cancellation of taxes as follows:
Year Amount
1986 $ 13.53
1991 200.00
1992 1,453.74
1993 618.25
Approved.
Joint Pole Location - The New England and Telegraph Company and The Narragansett Electric Company - Forbes
Street (WO#931033)
Subject to Fire Chief's approval; work to be done
Subject to Public Works Director's supervision.
Unanimously approved subject to all stipulations.
Alcoholic Beverage License - Class F - 19 hours
beginning July 15, 16 & 17, 1994
Applicant - Holy Ghost Brotherhood of Charity
Location - 59 Brightridge Avenue
Subject to Police Chief's approval
Approved, subject to Police Chief's approval.
ORDINANCES - Final Passage - (Given first passage April 18, 1994)
Advertised - Providence Journal - April 21, 1994
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 I. by adding thereto the following:
4-20. Asphalt Contractors.
4-21. Posting Permit.
4-22. Penalty
(Requested by Councilman Robert D. Sullivan)
CHAPTER NO. 297
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.
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 III entitled "Minimum Property Standards.", Division 4, Subdivision H, is amended 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).
(Requested by Councilman Robert D. Sullivan)
CHAPTER NO. 298
The above-entitled ordinance, referred to this time and place for a public hearing and consideration of final passage, is called for hearing.
Harold Gerstein, 12 Rhodes Avenue, is present and sworn and speaks against the ordinance regarding contractor regulations on driveways.
Mr. Gerstein says it violates constitutional rights.
Mr. Sullivan answers and says the ordinance is designed to protect homeowners. Mr. Larisa says if someone cannot afford to put in the recommended driveway, they can petition the Council to put in less of a driveway.
After discussion, motion is made by Mr. Lynch, seconded by Mr. Larisa, to move the question. Motion passes unanimously on a roll-call vote.
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."
CHAPTER NO. 299
(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. Lynch, seconded by Mr. Miranda, and on a unanimous roll-call vote with all Council members present and voting, said ordinance is adopted.
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 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), and (e).
Section II. Section 18-11. entitled "Designation and duty of Police clerk to appeal in Court.", is hereby repealed.
(Requested by Law Department)
CHAPTER NO. 300
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 Councilmen present and voting, said ordinance is adopted.
5. ** AN ORDINANCE IN AMENDMENT OF CHAPTER 15 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "Type of material and size."
CHAPTER NO. 301
(Requested by Director of Public Works)
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. Miranda, seconded by Mr. Lynch, and on a unanimous roll-call vote with all Council members present and voting, said ordinance is adopted.
6. ** AN ORDINANCE IN AMENDMENT OF CHAPTER 8 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "ELECTRICAL POLES AND WIRES.", which amends
Section I. Section 8-87 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 8-96. 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."
(Requested by Law Department, City Clerk and City Council)
CHAPTER NO. 302
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.
ALCOHOLIC BEVERAGE LICENSE - Transfer of stock only
From - New England Restaurant Company Limited Partnership
dba - Chili's Grill & Bar
To - New England Restaurant Company, Inc.
dba - Chili's Grill & Bar
Location - 50 Highland Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Subject to Health Inspector's approval
The above application for transfer of stock, referred to this time and place for a public hearing, is called for hearing.
Brian Swanke, 930 Union Street, Duxbury, Massachusetts 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, it is voted to grant the application for transfer of stock, subject to all approvals.
Sunday/Holiday
Applicant - Stuarts Department Store
Location - 1925 Pawtucket Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Deferred on motion of Mr. Larisa, seconded by Mr. Miranda.
Sunday/Holiday
Applicant - Dollar-Rama-Plus
Location - 279 Bullocks Point Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Deferred on motion of Mr. Sullivan, seconded by Mr. Larisa.
Laundry
Applicant - Willett Laundromat
Location - 181 Willett Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Najar Jamaleddin, 260 Boyd Avenue, is present and sworn.
Unanimously approved on motion of Mr. Sullivan, seconded by Mr. Larisa.
1. Confirmation of Tax Rate
Mr. Lemont confirms that there will be no tax increase in the next fiscal year.
2. Audit Results
Mr. Lemont reports that auditors from Cayer Prescott said that the audit was as clean as any they have seen. James McDonald, Finance director, introduces Jim Wilkinson and Donna Cassia, auditors from Cayer Prescott, who highlight the audit for the Council.
Mr. Lemont thanks the Department Heads and extends his appreciation to them.
The meeting recesses at 9:15 P.M. and reconvenes at 9:25 P.M. with all Council members present.
Finance Department
By James F. McDonald, Finance Director
1. * Presentation of October 31, 1993 Comprehensive Annual Financial Report prepared by Cayer Prescott Associates.
(See City Manager)
2. * Final 1994 Tax Rate.
(See City Manager)
Law Department
By William J. Conley, Jr.
Re: Montessori School Tax Status
Mr. Conley reports that the Montessori School could institute a law suit to collect approximately $1,000. Mr. Larisa says if the City grants the tax abatement of approximately $1,000 it will not set a bad precedent subjecting the City to suit from other taxpayers, because this taxpayer is in a different status from other ones. Mr. Larisa makes the motion to grant the abatement.
Mr. Lynch seconds the motion, which passes 5-0.
Purchasing Department
By John M. Andrews, Purchasing Agent
Requesting approval of the Council to award a (36) month lease/purchase agreement ($1.00 Buyout), to the low financing company - i.e. Associates Commercial Corporation, with direction from the City to purchase the local area network (LAN) computer system for the Planning Department, from the second low Bidder - i.e. Computers Plus of East Providence at $34,800.00.
John Andrews, Purchasing Agent, addresses the Council on a bid for a Planning Department computer system, which is not the low bid. Jim Moran of the Planning Department answers questions from the Council. After further discussion, motion is made by Mr. Miranda, seconded by Mr. Larisa, to approve the bid. Motion passes 5-0.
On motion of Mr. Miranda, seconded by Mr. Sullivan, and on a unanimous vote, the Claims Committee report is accepted.
(See Council file for complete report)
(By Councilman Joseph S. Larisa,Jr.)
Reconsideration of Ethics Advisory Opinion
Mr. Larisa says that the matter was addressed in Claims Committee and needs no further comment. Mr. Sullivan requests the City Council to ask the Ethics Commission to reverse their decision or take it to Superior Court.
A RESOLUTION RELATING TO PRIMARY ELECTIONS IN THE CITY OF EAST PROVIDENCE.
(Requested by Councilman Joseph S. Larisa, Jr.)
RESOLVE NO. 49
Mr. Larisa addresses the Council. He suggests having a separate booth for State primary elections, where voters can vote for City candidates and do not have to declare. He says there will be more people voting if it is done at the same time as the State primary.
Mr. Lynch urges the council to give this matter serious thought and says he does not agree with this resolution.
After further discussion, motion to adopt the resolution is made by Mr. Larisa, seconded by Mr. Sullivan, and voted on a roll-call vote:
Mr. Larisa Aye
Mr. Lynch Nay
Mr. Miranda Aye
Mr. Sullivan Aye
Mayor Grant Aye
Motion passes 4-1.
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 Section I. Section 18-248 entitled "Authority to restrict direction of movement on streets during certain periods." (a), (b) & (c).
(If given first passage, can be referred to May 16, 1994 for hearing and consideration of final Passage)
(Requested by Mayor Rolland R. Grant)
Mayor Grant speaks on the ordinance. He says a meeting was held recently with parents of Kent Heights School children who are concerned with the safety of their children. He says the meeting was also attended by neighbors of the school. A decision was made to make Wannamoisett one way going East, and Howland Avenue one way going West. He says this ordinance gives the authority to the Traffic Engineer to test a zone for 30 days.
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 on May 16, 1994, for a public hearing and consideration of final passage.
2. * 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 I. Article X entitled "Stopping, Standing and Parking.", Subsection 18-307 entitled "Parking prohibited at all times.", by adding thereto the following:
Wannamoisett Road (south side), from Pawtucket Avenue to Dover Avenue.
Howland Avenue (north side), from Dover Avenue to Pawtucket Avenue.
(If given first passage, can be referred to May 16, 1994 for hearing and consideration of final passage)
(Requested by Mayor Rolland R. Grant)
The above-entitled ordinance is introduced and, on motion of Mr. Larisa, seconded by Mr. Sullivan, and on a unanimous roll-call vote with all Council members present and voting, is giving first passage and referred to the next regular Council meeting to be held on May 16, 1994, for a public hearing and consideration of final passage.
(By Mayor Rolland R. Grant)
R Conservation Commission
John Rose 5 William Circle 02915
At the request of Mayor Grant and on motion of Mr. Miranda, seconded by Mr. Larisa, John Rose is appointed to the above Commission.
Councilman Miranda receives Unanimous Consent to report on the Charity Ball. He thanks all who participated.
Mayor Grant reports on the Business Expo and says it was a huge success.
Meeting adjourned 10:07 P.M.
Attest:
Valerie A. Perry
City Clerk
Approved:______________________________