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, September 19, 1994, and is called to order at eight
o'clock P.M. by Mayor Rolland R. Grant.
Present Rolland R. Grant Mayor )
Joseph S. Larisa, Jr. )
Gerald R. Lynch ) Council Members
Norman J. Miranda, Jr. )
Robert D. Sullivan )
Paul E. Lemont ) City Manager
William J. Conley, Jr. ) City Solicitor
Valerie A. Perry ) City Clerk
(Kim Moitoza, Woods Reporting, 20 Fifth Street, Providence, Rhode Island, is present to record the proceedings of the public hearings)
APPROVAL OF COUNCIL JOURNALS
Regular Meeting - September 6, 1994
Executive Session - Negotiations - September 6, 1994
Regular Session, unanimously accepted.
Motion is made by Mr. Lynch, seconded by Mr. Miranda, to remove the September 6, 1994 Executive Session minutes
from the Consent Calendar and to keep the minutes closed. Motion passes unanimously on a roll-call vote.
Roll-call vote as follows:
Mr. Larisa Aye
Mr. Lynch Aye
Mr. Miranda Aye
Mr. Sullivan Aye
Mayor Grant Aye
Motion passes 5-0.
TO APPROVE THE CONSENT CALENDAR
On motion of Mr. Lynch, seconded by Mr. Larisa, and on a unanimous roll-call vote with all Council members
present and voting, it is voted to approved the Consent Calendar as amended.
Sunday/Holiday Sales
Applicant - The Arrangement
Location - 25 E Circle Street
Subject to approvals from:
Police Chief, Building Inspector
Approved, subject to all approvals.
Presentation of plaque to the Friends of the East Providence Public Library from the Board of Trustees, Wilfrid L. Gates, Jr., Chairman.
Mr. Gates presents plaque to Doris Hirsch, President of the East Providence Friends of the Library.
Presentation of 1994-1995 Budget by City Manager Paul E. Lemont
Mayor Grant says the date of the budget hearing was not set by the Council and must be done so tonight. He
recommends scheduling the Budget Hearing for the next Council meeting, October 3, 1994.
On motion of Mr. Larisa, seconded by Mr. Lynch, and on a unanimous roll-call vote, it is voted to defer the
presentation of the 1994-1995 Budget to the October 3, 1994 Council meeting.
PUBLIC HEARINGS
(Given first passage
September 6, 1994
Advertised - Providence Journal - September 9, 1994
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
CHAPTER NO. 325
(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. Larisa, seconded by Mr. Sullivan, 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 13 OF THE REVISED ORDINANCES 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."
(Requested by Harbormaster)
CHAPTER NO. 326
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 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."
CHAPTER NO. 327
(Requested by Councilman Norman J. Miranda)
The above entitled-ordinance, referred to this time and place for a public hearing is called for hearing.
Mr. Miranda makes a motion for two amendments added to the ordinance, 1) the property owner will be required to hire a private company to determine if the blockage is between the house and the curbline, and 2) the homeowner will be responsible for a blockage from the property to the curbline. Motion passes unanimously on a roll-call vote for First Passage by Mr. Miranda, seconded by Mr. Lynch.
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.
CHAPTER NO. 328
(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. Lynch, seconded by Mr. Sullivan, and on a unanimous roll-call vote with all Council members
present and voting, said ordinance is adopted.
(Advertised - Providence Journal - September 8, 1994)
(Ordinance receives final passage if adopted as presented.)
5. * AN ORDINANCE APPROPRIATING $76,900,357 FOR THE SUPPORT OF THE CITY GOVERNMENT FOR THE FISCAL YEAR ENDING OCTOBER 31, 1995.
The above-entitled ordinance, referred to this time and place for a public hearing and consideration of final passage, is called for hearing.
CHAPTER NO. 331
On motion of Mr. Lynch, seconded by Mr. Larisa, and on a roll-call vote with all Council members present and voting, it is voted to defer this ordinance to the October 3, 1994 Council Meeting.
Victualling/Not over 50 - Transfer
From - D'Angelo's, Inc
To - Delops, Inc.
dba - D'Angelo's
Location - Shoppers Town, Taunton Avenue
Subject to approvals from:
Police Chief, Building Inspector, Health Inspector
Edward T. Scanlon, 7 Meadowbrook Blvd., North Providence, Rhode Island, is present and sworn.
On motion of Mr. Sullivan, seconded by Mr. Lynch, it is unanimously voted to grant the above license, subject to
all approvals.
Video Game/Sunday Included
Applicant - East Providence Club Properties, Inc
dba - New England Health & Rqt Club
Location - 15 Catamore Blvd
Subject to approvals from:
Police Chief, Building Inspector
Cheryl Sisto, 2304 Pinewood Drive, Smithfield, Rhode
Island, withdraws the Video Game application.
Pool Table/2 Units/Sunday Included
Applicant - East Providence Club Properties, Inc
dba - New England Health & Rqt Club
Location - 15 Catamore Blvd
Subject to approvals from:
Police Chief, Building Inspector
Unanimously granted on motion of Mr. Sullivan, seconded by Mr. Miranda, subject to all approvals.
1. Authorization - Replacement of Kent Heights Water Tower Presentations is made by representatives of Metcalf & Eddy. Estimated cost is $2.75 million for a new tank, which will be 175 feet from the ground, replacing the present tank, which is more than 200 feet.
After the presentation, Mr. Lemont answers questions from the Council and asks for approval for authorization to proceed. He says the money will come from the Water Fund. Motion to approve is made by Mr. Sullivan, seconded
by Mr. Larisa, and unanimously voted on a roll-call vote. Mayor Grant says a meeting will be held for neighborhood input.
2. Authorization - Proceed with Police car computer installations Lt. Joseph Broadmeadow makes a presentation and answers questions from the Council. The overall project cost will be $100,000 which will be funded through grants. Motion to proceed is made by Mr. Lynch, seconded by Mr. Larisa, and voted 5-0.
Meeting recesses at 9:15 P.M. and reconvenes at 9:20 P.M. with all Council members present.
East Providence D.A.R.E. Program
(By Councilman Robert D. Sullivan)
Mr. Miranda asks for Council consent to bring the D.A.R.E. topic forward.
Motion is made by Mr. Lynch, seconded by Mr. Larisa, to suspend the regular order of business. Motion passes unanimously. Motion is made by Mr. Lynch, seconded by Mr. Larisa, to bring the D.A.R.E. topic forward.
Motion passes unanimously.
Mr. Sullivan speaks on his concerns over the Police Department's decision to drop the program. He makes a motion, seconded by Mr. Miranda, to direct the City Manager, Chief of Police, and a delegation from the School Department to get together and figure a way to fund the program.
Chief Winquist addresses the Council. He says the cost is about $20,000 per year, and last year $3,906 was received from the School Department, leaving a shortfall of approximately $16,000. He says the number one goal of the Police Department is to arrest and remove the drug dealers, and the money that is allocated to the Police Department in the budget should be geared toward enforcement. He says he has been informed that the School Department has come up with $10,000 and a couple of benefactors have come forward with another $5,000 to fund the program. Also, a couple
of civic organizations have called to make donations to the D.A.R.E. program, which should fully fund the program for the year.
Joanne Miele, Shcool Department D.A.R.E. Coordinator, is present and sworn.
Ms. Miele says the School Department has allocated $8,000 per year for the D.A.R.E. program, which is about one half of the total cost.
Roll-call vote is taken on the motion made earlier.
Motion passes unanimously on a roll-call vote.
Motion is made to return to the regular order of business by Mr. Larisa, seconded by Mr. Sullivan.
Finance/Purchasing Departments
By John M. Andrews, Purchasing Agent
Requesting approval to award a lease/purchase agreement for the financing of (3) heavy duty dump trucks.
John Andrews, Purchasing Agent, addresses the Council.
Mr. Andrews says the Council gave approval last April to submit a contract for lease/purchase of 3 dump trucks, and since that time, because of the debt market and the rise in interest rates, another $9,000 is need for the award of the contract.
Mr. Sullivan makes a motion to approve, and Mr. Larisa seconds the motion for discussion. Discussion follows
regarding the original bid. James McDonald, Finance Director, answers questions on the bid and explains why a new bid was done. He says in the future, two bids will be needed, one for equipment and one for financing.
After discussion, vote is taken on the motion, which passes 5-0.
City Clerk
Renewal of Alcoholic Beverage Licenses
Requesting authorization to advertise renewal applications for subject licenses - public hearing to be held on November 7, 1994.
Unanimously approved on motion of Mr. Miranda, seconded by Mr. Sullivan.
Renewal of Annual Licenses
Requesting authorization to renew subject licenses, excluding alcoholic beverage licenses, for year commencing December 1, 1994, upon application by licensee and approval by Police Chief and, as required, by Health Inspector and other City officials; and requesting also to be advised of any licenses to be deferred or withheld from the renewal process.
Approved subject to payment of City taxes on motion of Mr. Lynch, seconded by Mr. Larisa.
(By Wilfrid L. Gates, Jr., Chairman, East Providence
Library Board of Trustees
Presentation of the Library's Long Range Plan, Wilfrid Gates makes a presentation for the Council's
information.
The report from the Claims Committee is unanimously received as information on motion of Mr. Lynch, seconded
by Mr. Larisa.
(See Council file for report)
(By Councilman Robert D. Sullivan)
Presentation by Senior Citizen's Advisory Board - Status Update.
Tammy Cullen, Senior Citizen's Advisory Board Chairman, gives a status report to the Council. Mr. Larisa says
if non-seniors want to be on the board they should write to the City Clerk.
(By Councilman Joseph S. Larisa, Jr.)
1. Payment of Insurance Premiums by Special Police Officers
Mr. Larisa says some Special Police Officers have indicated they are willing to pay the $1,000 per year insurance premium. He makes a motion that the Council stay with the decision of no arrest powers and no guns for Specials, but if they are willing to pay the $1,000 per year, they be allowed the same privileges as before. Mr. Sullivan seconds the motion for discussion.
Mr. Sullivan speaks on the issue. He asks that the matter be referred to the Law Department for review of case law.
Chief Winquist speaks on the issue. He says he does not think that Specials receive enough training, and the Police Department is not prepared to do the training. He says the policy of specials not carrying guns and not having arrest powers should have gone into effect many years ago.
After further discussion, Mr. Larisa withdraws his motion and asks for an opinion from the Chief and the Law Department.
Mr. Miranda says he still wants to have a workshop on the matter. He says he wants the City Solicitor to come back with a report.
Motion is made by Mr. Larisa, seconded by Mr. Miranda, to get a report from the Police Department and City Solicitor on the propriety of letting Specials carry guns and have arrest powers, including a history of the Special Police Officers in the City. Also, a report from the City Solicitor on whether letting Specials pay the premium is legal under case law, and the setting up of a workshop.
Motion passes 5-0.
2. Allocation of the State's $3.1 million East Providence School Aid Grant Increase.
Mr. Larisa speaks on the issue. He says the State aid given to the School Department this year was an increase
over last year. He says the School Department should spend the money on existing programs before starting new programs. He says the School Department's request can be reduced to $1.1 million.
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 18-269 entitled "Stop and yield intersections designated; when stops required.", by
adding thereto the following:
Bloomfield Street (eastbound and westbound traffic) at its intersection with Outlook Avenue.
(Requested by Mayor Rolland R. Grant)
(If given first passage can be referred to October 3, 1994, for hearing and consideration of final 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 October 3, 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 18-269 entitled "Stop and yield intersections designated; when stops required.", by
adding thereto the following:
Hall Street (southbound traffic) at its intersection with Leonard Avenue.
(Requested by Councilman Norman J. Miranda)
(If given first passage can be referred to October 3, 1994, for hearing and consideration of final 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 on October 3, 1994, for a public hearing and consideration of final passage.
3. * AN ORDINANCE ORDERING THE ASSESSMENT AND COLLECTION OF PROPERTY TAX ON THE RATABLE REAL ESTATE, TANGIBLE PERSONAL PROPERTY AND AN EXCISE TAX ON REGISTERED MOTOR VEHICLES AND TRAILERS.
4. * AN ORDINANCE AUTHORIZING THE DIRECTOR OF FINANCE TO BORROW FUNDS IN ANTICIPATION OF TAXES.
The above-entitled two Budget ordinances are 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, are deferred to the next regular Council meeting to be held on October 3, 1994 for first passage.
5. * AN ORDINANCE IN AMENDMENT OF CHAPTER 14 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS.", which amends Section I. Section 14-3 entitled "Depositing certain objects on streets and sidewalks.", by adding thereto the following paragraph:
Nor shall any person deposit, place or install any pole or any other object on or in any street or sidewalk.
Section II.
Amending the first sentence of Subsection (a) of Section 14-4 entitled "Signs, flags, etc., over sidewalks."
(Requested by Law Department)
(If given first passage can be referred to October 3, 1994, for hearing and consideration of final passage)
The above-entitled ordinance is introduced and, on motion of Mr. Sullivan, seconded by Mr. Miranda, and on a unanimous roll-call vote with all Council members present and voting, it is voted to refer this ordinance to the City Solicitor.
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 Subsection (b) of Section 9-10 entitled "Property damage generally.", by adding thereto the following:
(6) Any telephone or electrical pole.
(Requested by Director of Public Works/Zoning Officer)
(If given first passage can be referred to October 3, 1994, for hearing and consideration of final passage)
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 October 3, 1994 for
a public hearing and consideration of final passage.
7.* 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.", by adding :
Section 9-16. Purchase, sale or delivery of tobacco products to persons under eighteen -- Posting notice of Law.
(Requested by Chief of Police)
(If given first passage can be referred to October 3, 1994 for a public hearing and consideration of final passage)
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 October 3, 1994, for a public hearing and consideration of final passage.
Mayor Grant receives Unanimous Consent to discuss a request by the Blackstone Valley Tourism Council for a letter of endorsement. Motion is made by Mr. Sullivan, seconded by Mr. Miranda, to send the letter. Motion passes 5-0.
(Requested by Councilman Norman J. Miranda)
Building Board of Appeals
Gustavo O. Raposo 411 Gulf Road West
(Engineer) South Dartmouth, MA
On motion of Mr. Miranda, seconded by Mr. Lynch, and on a unanimous roll-call vote with all Council members present and voting, it is unanimously voted to appoint Gustavo O. Raposo 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.
Meeting adjourned at 11:00 P.M.
Attest:
Valerie A. Perry
City Clerk
Approved:__________________________________