September 6, 1994 - Journal of the Regular Council Meeting 

 

CITY OF EAST PROVIDENCE

RHODE ISLAND

JOURNAL OF REGULAR COUNCIL MEETING

TUESDAY

SEPTEMBER 6, 1994

8:00 P.M.

____________________________________________________________________________

 

The City Council meets in the Council Chamber on Tuesday, September 6, 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                   )  Councilmen

                       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 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. Lynch, seconded by Mr. Sullivan, and on a unanimous roll-call vote, it is voted to approve the Consent Calendar.

 

CC ITEMS

 

APPROVAL OF COUNCIL JOURNALS

* Regular Meeting - July 18, 1994

* Executive Session - July 18, 1994

* Special Meeting Re: Neighborhood Housing Services -

                    July 25, 1994

* Regular Meeting - August 15, 1994

 

Unanimously approved.

 

Coastal Resources Management Council - Finding of No Significant Impact                    

By Gregory Baribault, Permitting Staff

File No. 94-8-39

Replace pilings (3) as per plans.  Located at plat Map 16, Block 22, Lot 3; 9 Pier Road, East Providence

(Watchemoket Realty)

 

Received as information.

 

Coastal Resources Management Council - TEMPORARY ASSENT

File No. 94-6-316

Requesting to maintain a temporary private residential recreational boating facility located at 21 Seaview Avenue, Map 415, Block 7, Parcel 9. (Ralph Falaguerra)

 

Received as information.

 

Coastal Resources Management Council 

File No. 94-8-8

Consideration of application of AMOCO OIL CO., 41 Regan Road, Ridgefield, Connecticut.  Purpose of project is to remediate prior site contamination associated with former petroleum storage terminal, located at Kettle Point Terminal, Plat No. 108/109, Lot #'s 0 z-01/01-01

 

Received as information.

 

Cancellations/Abatements

City Assessor requesting cancellation of taxes as follows:

 

  Year             Amount

  1992          $  337.31

  1993              597.54

  1994           6,646.17

 

Accepted

 

Sunday/Holiday Sales

Applicant          - Bagel Finagle Deli, Inc.

dba                  - Bagel Finagle

Location           - 615 Waterman Avenue

 

Subject to approvals from:

Chief of Police, Building Inspector, Health Inspector

 

Unanimously granted.

 

PROCLAMATIONS, PRESENTATIONS & INTRODUCTIONS

 

Certificate of Appreciation for the National Park Service Rivers, Trails and Conservation Assistance

 

Proclamation accepted by Douglas Evans, National Park Service.

 

PUBLIC HEARINGS

 

CITY COUNCIL SITTING IN AS LICENSING COMMISSIONERS

 

LICENSES

 

ALCOHOLIC BEVERAGE - Class B-Limited (Victualer)

 

Applicant       - Rosegarden Restaurant

                        Gregory A. Rose

Location        - 579 Warren Avenue

 

Subject to approvals from:

Police Chief, Building Inspector, and Health Inspector

 

Applicant is not present at beginning of hearing. 

Motion to defer to the next meeting is made by Mr. Larisa, seconded by Mr. Lynch, and unanimously voted on a roll-call vote. 

 

Mr. Rose is now present, and motion to rescind motion to defer is made by Mr. Larisa, seconded by Mr. Miranda,

and unanimously voted on a roll-call vote.

 

Gregory A. Rose, 9B Grove Avenue, is present and sworn. 

Mr. Rose addresses the Council regarding concerns of neighbors, and states that he will never have a band or

entertainment and says he will close between 9:00 and 10:00 P.M.  Mr. Rose agrees to a stipulation that no

beer or wine will be served after 10:00 P.M.

 

The following are present and sworn and say they will not object to the license:

 

     Raymond A. Cardillo, 559 Warren Avenue

     Francisco J. Cardoso, Sr., 143 So. Spruce Street

     Charlie Botelho, 553 Warren Avenue

 

Motion is made by Mr. Miranda, seconded by Mr. Larisa, to approve the license, with the stipulations that no beer or wine will be served after 10:00 P.M. and that there will be no entertainment.  Motion passes unanimously on a roll-call vote.

 

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL

 

CITY MANAGER

 

1.     Presentation -1994-1995 Budget (Hearings to be held at subsequent meetings)

Mr. Lemont hands out copies of the budget to the Council and states that the budget calls for a zero tax

increase.  He says the public can obtain copies from the City Clerk's office, starting tomorrow.

 

2.     Report on figures from actuary for requested COLA for certain retired Police/Fire/Widows

At the request of Mr. Lemont, a motion is made by Mr. Miranda, seconded by Mr. Sullivan, to defer the matter

to the next meeting.

 

3.     Report - Meeting re: Alice Street

Mr. Miranda reports on the meeting and says he is very satisfied with the solution that was proposed.  Mr. Lemont says that the parking lot on Alice Street is not blocked and there seems to be no confusion.

 

4.     Report - CNG fueling station at Engustian Complex

Mr. Lemont asks for Council approval to sign a contract, which will enable the City to own the fueling station for $1.00 in five years.  Mr. Conley speaks on the contract.  He says the agreement will be between the City and Providence Gas, and the upkeep costs after five years will be minimal.  East Providence is the second municipality in New England, and the first in Rhode Island, to have the project.

 

Motion is made by Mr. Lynch, seconded by Mr. Larisa, to approve.  Motion passes unanimously on a roll-call vote.

 

5.     Report - Requested lease space on radio tower by NEXTEL

Mr. Lemont withdrew this item.

 

6.     Request for Executive Session - Negotiations

Motion is made by Mr. Larisa, seconded by Mr. Miranda, and voted 5-0 to go into Executive Session at the end of

the regular meeting.

 

CITY OFFICIAL REPORTS

 

Department of Public Works

By Julia Forgue, Director of Public Works

Recommending release of performance bond for Moore Farm Plat located on Pleasant Street.

 

The bond is unanimously released on motion of Mr. Sullivan, seconded by Mr. Lynch.

 

REPORTS OF COMMITTEES

 

By Jesse E. Perry, Chairman, Harbor Management Commission

Requesting Council approval to seek Federal funds for improvements at Bold Point.

 

Unanimously granted on motion of Mr. Lynch, seconded by Mr. Miranda.

 

CLAIMS COMMITTEE

The Claims Committee report is unanimously accepted on motion of Mr. Miranda, seconded by Mr. Lynch.

   (See Council file for complete report)

 

COUNCILMEN

 

(By Councilman Joseph S. Larisa, Jr.)

Vote on September 13, 1994

Councilman Larisa urges people to vote in the September 13th primary.

 

Councilman Lynch receives unanimous consent to discuss money for playgrounds.  Mr. Lynch asks that $3600 be                  taken from the Contingency Fund and given to the Rumford Little League to repair the field at Thompson Playground.  The money will defray the cost of material.  Mr. Larisa says he will vote for approval tonight, but in the future he wants to see written documentation on all similar matters.

 

Motion to approve is made by Mr. Lynch, seconded by Mr. Miranda, and unanimously voted on a roll-call vote.

 

Mr. Sullivan receives unanimous consent to discuss Riverside Playgrounds.  He speaks on the plans for the playgrounds and says a public hearing will be held at the Providence Avenue playground.  Mayor Grant states that another meeting will be held regarding Sabins Point Park.  Mr. Lemont makes a comment about money for recreational fields.  He says the City cannot keep spending money for these projects.

 

INTRODUCTION OF ORDINANCES

 

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 VII entitled "Operation of Vehicles", Subsection 18-224 entitled "Certain trucks restricted on certain streets", by adding thereto the following:

 

     Algonquin Road

 

(If given first passage, can be referred to September 19, 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. 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 September 19, 1994, for a public hearing and consideration of final passage.

 

2. *     AN ORDINANCE IN AMENDMENT OF CHAPTER 13 OF THE REVISED ORDINANCE OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "PUBLIC PLACES.", which amends:

 

Section I. The Mooring Standards in Section 13-100.9 entitled "Mooring tackle specifications."

Section II. Subsection (a) of Section 13-100.12 entitled "Penalties."

Section III. The first paragraph of Subsection (b) and Subsections (c), (e) and (g) of Section 13-100.2 entitled "Permitting."

 

(If given first passage, can be referred to September 19, 1994 for hearing and consideration of final passage)

 

(Requested by Harbormaster)

 

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 September 19, 1994, for a public hearing and consideration of final passage.

 

3. *     AN ORDINANCE IN AMENDMENT OF CHAPTER 17 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "UTILITIES.", which amends Section I. The definition of building sewer lateral listed under Section 17-76 entitled "Definitions."

 

(If given first passage, can be referred to September 19, 1994 for hearing and consideration of final passage)

 

(Requested by Councilman Norman Miranda)

 

Mr. Miranda speaks on the ordinance.  The ordinance would make the City responsible for breaks in sewer laterals, rather than the homeowners.  A discussion is held on the subject, and Mr. Larisa asks the City Manager to prepare a report for the next meeting.  Mr. Larisa states that he will abstain from the vote.  Mr. Lynch says he would like to see a report on back claims regarding sewers.

 

After further discussion the above-entitled ordinance is introduced and, on motion of Mr. Miranda, seconded by Mr. Sullivan, and on a roll-call vote with all Council members present and voting, is given first passage and referred to the regular Council meeting to be held on September 19, 1994, for a public hearing and consideration of final passage.

 

Roll-call vote as follows:

     Mr. Larisa               Abstain

     Mr. Lynch               Aye

     Mr. Miranda            Aye

     Mr. Sullivan             Aye

     Mayor Grant           Aye

 

Motion passes 4-0-1, with Mr. Larisa abstaining.

 

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 IX entitled "Stop Intersections", Subsection 18-269 entitled "Stop and yield intersections designated; when stops required.", by adding thereto the following:

 

     Dover Avenue (northbound and southbound traffic) at its intersection with Plymouth Road.

 

(If given first passage, can be referred to September 20, 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. 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 on September 19, 1994, for a public hearing and consideration of final passage.

 

APPOINTMENTS

 

(By Councilman Robert D. Sullivan)

Building Board of Appeals

Rudolph N. Paistacchio      9 Simpson Street, No.

(As Architect)              Providence, Rhode Island

 

On motion of Mr. Lynch, seconded by Mr. Miranda and on a unanimous roll-call vote with all Council members present and voting, Rudolph N. Paistacchio is appointed to the above Board.

 

Roll-call vote as follows:

     Mr. Larisa              Aye

     Mr. Lynch              Aye

     Mr. Miranda           Aye

     Mr. Sullivan           Aye

     Mayor Grant         Aye

 

Motion passes 5-0.

 

Motion is made by Mr. Lynch, seconded by Mr. Larisa, to go into Closed Session to discuss negotiations.  Motion passes unanimously on a roll-call vote.

 

Meeting is recessed at 9:27 P.M. and goes into Closed Session.

 

CLOSED SESSION

 

NEGOTIATIONS

 

Meeting resumes into Open Session with all Council members present and adjourns at 10:00 P.M.

 

Attest:

   

Valerie A. Perry

City Clerk

 

 

Approved:_______________________________________

 

 

September 6, 1994 - Journal of the Regular Council Meeting
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