CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
TUESDAY -
8:00 P.M.
The City Council meets in the Council chamber on Tuesday, April 4, 1995, and is called to order at 8:00 P.M. by Mayor Rolland R. Grant.
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
(Virginia Royall, Woods Reporting, 20 Fifth Street, Providence, Rhode Island, is present to record the proceedings of the public hearings)
Invocation is led by Councilman Joseph S. Larisa, Jr.
Salute to the Flag is led by Councilman Norman J. Miranda.
TO APPROVE THE CONSENT CALENDAR
On motion of Mr. Larisa, seconded by Mr. Miranda, and on a unanimous roll-call vote with all Council members present and voting, it is voted to approve the the Consent Calendar.
Tag Day License - May 27-28, 1995
Applicant - American Legion Auxiliary Unit 10
Location - East Providence
Subject to Police Chief's approval
Unanimously approved.
Town of North Kingstown
Requesting support of the attached resolutions requiring the State budget be resolved prior to local budgets.
Received as information.
Coastal Resources Management Council - ASSENT
By Grover J. Fugate, Executive Director
Assent No. A95-1-39
Requesting to maintain dredge 100 cubic yards (maximum) of river sediment from existing fire protection system intake pipe and surrounding area, to restore operating function. (Mobil Oil Corp)
Received as information.
Coastal Resources Management Council
By Gregory Baribault
File No. M95-3-22 - FINDING OF NO SIGNIFICANT IMPACT
Requesting to install replacement windows, located at 24 Harding Avenue, Plat 313, Block 22, Lot 12. (Faith A. Needham)
Received as information.
Coastal Resources Management Council - ASSENT MODIFICATION WITH ADDITIONAL STIPULATION
Grover J. Fugate, Executive Director
Assent No. A91-12-31
Requesting to construct two single family dwellings, located at the corner of Lincoln and Crescent Avenue. (Susan A. Chariello)
Received as information.
Coastal Resources Management Council
By Gregory Baribault
File No. 95-2-75
Requesting to raise roof 4'x8" to expand second story. Construct a 10'x15' timber deck to rear of dwelling, remove 1/2 of front room 11'x6" x10'-9", located at Map 313, Parcel 11, Block 33; 5 Bluff Street. (John B. Rogers)
Received as information.
Coastal Resources Management Council - ASSENT
By Grover J. Fugate, Executive Director
Assent No. A95-3-26
Requesting to construct/maintain 50'x90' one story commercial boat/auto service building and associated parking and site work. Building to be serviced by municipal water and sewers, located at Mauran Avenue and Pier Road, Map 106, Block 22, and Lot 8. (Watchemoket Realty Inc.)
Received as information.
Cancellations/Abatements
City Assessor requesting cancellation of taxes as follows:
Year Amount
1993 $ 338.04
1994 3,095.65
Accepted.
Citation - (By Councilman Robert D. Sullivan)
Specialist E-4, Paul J. Toolan
Accepted.
Secondhand/Antiques & Sunday/Holiday Sales
Applicant - Camera Obscura
Location - 7 Centre Street
Subject to approvals from: Chief of Police, Building Inspector
David Brian Chow, 228 Taunton Avenue, is present and sworn.
On motion of Mr. Larisa, seconded by Mr. Miranda, and on a unanimous vote, it is voted to grant the above license, subject to all approvals.
Sunday/Holiday Sales
Applicant - Carousel Video
Location - 662 Bullocks Point Avenue
Subject to Police Chief's approval
Beth Montecalvo, 9 Fox Run Drive, West Warwick, Rhode Island, is present and sworn. William Gasbarro, Cumberland, Rhode Island is present and sworn.
Mr. Sullivan questions Mr. Gasbarro, owner of the property, about the items for sale at the video store. Mr. Gasbarro assures the Council that there will be no sex videos, magazines, or novelties for sale.
On motion of Mr. Sullivan, seconded by Mr. Lynch and on a unanimous roll-call vote with all Council members present and voting, it is voted to grant the above license, subject to Police Chief's approval.
*Victualling/50 or less
Applicant - Mhokhir Wali
dba - Pizza Amore
Location - 2792 Pawtucket Avenue
Subject to approvals from: Chief of Police, Building Inspector, Health Inspector
Mhokhir Wali, 35 Makin Street, Pawtucket, Rhode Island, 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 above license, subject to all approvals.
Alcoholic Beverage License - Class F - 19 hours beginning at 6 A.M. on March 25, 1995.
Applicant - Trinity Brotherhood
Location - 146 Sutton Avenue
Subject to approval from: Chief of Police
Unanimous Consent is given to Councilman Norman Miranda to vote on the Class F license application by Trinity Brotherhood. Mr. Miranda states that the Council neglected to vote on the license at the last Council meeting.
Joseph Nunes, 160 Sutton Avenue, is present and sworn.
On motion of Mr. Lynch, seconded by Mr. Larisa, it is voted unanimously to grant the above license, subject to all approvals
*Alcoholic Beverage - Class F - 19 hours beginning at 6:00 A.M. on June 2-3-4, 1995.
Applicant - H.G.B.B. of R. I.
Location - 51 North Phillips Street
Subject to Police Chief's approval
Julie Vieira, 59 Ledge Road, Seekonk, Massachusetts is present and sworn.
On motion of Mr. Lynch, seconded by Mr. Miranda it is voted unanimously to grant the above license, subject to all approvals.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
ORDINANCES - Given first passage March 21, 1995
Advertised - Providence Journal - March 24, 1995
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 the following:
Sec. 18-2. Enforcement of this Chapter
Sec. 18-4. Traffic accident studies
Sec. 18-6. City Traffic Engineer
Sec. 18-34. Duties of Traffic Engineer and Director of Public Works
Sec. 18-76. Authority to install traffic-control devices
Sec. 18-82. City Traffic Engineer to designate crosswalks and establish safety zones
Subsec. (a) of 18-83. Traffic Lanes
Sec. 18-84. Turning markers
Subsec. (a) of 18-106. Established
Sec. 18-204. Regulation of speed by traffic signals
Sec. 18-224. Second sentence; Certain trucks restricted on certain streets
Sec. 18-246. First sentence; Authority to place sign on one-way streets
Subsec. (a) (b) of Sec. 18-248. Authority to restrict direction of movement on streets during certain periods
Sec. 18-266. Signs required at through street
Sec. 18-267. First sentence; Other intersections where stop or yield required
Sec. 18-299. First sentence; Parking signs required
Subsec. (a) of Sec. 18-302. Parking adjacent to schools prohibited when signs are erected
Sec. 18-305. Standing or parking on one-way streets
Subsec. (a) of Sec. 18-306. No Stopping, Standing or Parking near hazardous or congested places
Sec. 18-331. City Traffic Engineer to designate curb zones
Sec. 18-333. City Traffic Engineer to designate public carrier stops and stands
CHAPTER NO. 350
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. Miranda, and on a unanimous roll-call vote with all Council members present and voting, said ordinance is adopted.
Discussion on Dental Coverage (Continued from March 21, 1995)
Mr. Lemont says he has received new information on the bid and asks for deferral to the next meeting.
Mr. Lynch questions Mr. Lemont and says he is ready to move on this item tonight.
After a lenghty discussion, motion is made by Mr. Lynch, seconded by Mr. Sullivan, to accept the low bid by Delta Dental. Follwing more discussion, the question is moved on a motion by Mr. Lynch and seconded by Mr. Sullivan.
Roll-call Vote as follows:
Mr. Larisa Nay
Mr. Lynch Aye
Mr. Miranda Aye
Mr. Sullivan Aye
Mayor Grant Aye
Motion passes 4-1.
The meeting recesses at 8:55 P.M. and reconvenes at 9:00 P.M. with all Council members present.
City Manager
Re: Request for funding to extend sewers on Nassau Street
On motion of Mr. Lynch, seconded by Mr. Miranda, it is unanimously voted to defer this issue.
Recommendations for funding for the 1995-1996 Community Development Block program
Mr. Sullivan questions Julia Forgue, Director of Public Works, about the allocation for public works. He speaks about the concerns of residents regarding the repaving and drainage system on River Street. He makes a motion to include the drainage system and repaving of River Street in the public works allocation. Mayor Grant rules the motion out of order. Mr. Miranda questions Ms. Forgue.
Mr. Lynch asks about air conditioners at Union Primary School. He says he wants them in place before the summer for the meal site participants.
Mr. Sullivan speaks on the Girl Scout House renovation allocation.
Dennis Roy, 14 Washington Street, Warren, Rhode Island, Executive Director of Self-Help, is present and sworn to answer questions on the Self-Help allocation. A disussion takes place about the property and how NHS was able to grant the property.
Mr. Lynch, says he will not vote on this tonight because he does not want to approve any agency purchasing land or building buildings with CDBG funds. He asks Mr. Lemont to clarify what is happening at NHS and asks Mr. Lemont to put the NHS back on the docket for the next meeting.
Mr. Sullivan speaks about the Senior Center development. He makes a motion to approve the CDBG proposal. Mr. Larisa seconds the motion.
Mr. Lynch says he wants to pull $75,000 from the Self-Help allocation. He says if the Council votes to approve the entire package, he will have to abstain from voting.
Mr. Sullivan and Mr. Larisa withdraw the motion.
Mr. Sullivan again makes a motion to accept the entire CDBG proposal as presented to the City Council. Mr. Larisa secondes the motion.
Mr. Larisa asks about the rational for awarding $75,000 to Self-Help and the rationale for not awarding to other programs. Mr. Lemont answers Mr. Larisa's questions.
Mr. Larisa asks what will happen to the money if Self-Help cannot get Zoning approval.
Mr. Lemont says that the land will becomne the property of the City and it will be up to the City to dispose of the property. Jeanne Boyle, Planning Director, states that the money would be added to next year's allocation.
Mayor Grant states that he is against the Self-Help allocation because East Providence taxpayers will be supporting a center that will be used by residents from other Cities and Towns and says that he will vote against the entire package.
Roll-call vote is taken on the motion:
Mr. Larisa Aye
Mr. Lynch Abstain
Mr. Miranda Aye
Mr. Sullivan Aye
Mayor Grant Nay
Motion passes 3-1-1.
Meeting recesses at 10:12 P.M. and reconvenes at 10:17 P.M. with all Council members present.
The Claims Committee report is unanimously accepted.
(See Council file for complete report)
(By Mayor Rolland R. Grant)
That the Governor scrap his plans to reduce general revenue to Cities and Towns
Mayor Grant asks for Council support to send a Resolution to the Govenor and Legislative Delegation asking the Governor to scrap his 1995-1996 budget proposal.
Mr. Larisa says he will abstain from voting because of his position as Legal Counsel to the Govenor.
Motion is made by Mr. Miranda, seconded by Mr. Sullivan, to adopt the Resolution.
Roll-call vote follows:
Mr. Larisa Abstain
Mr. Lynch Nay
Mr. Miranda Aye
Mr. Sullivan Aye
Mayor Grant Aye
Motion passes 3-1-1.
(By Councilman Norman J. Miranda)
1) 1995 Charity Ball report
Mr. Miranda gives a report on the 1995 Charity Ball for information.
2) Performance Review of Council Appointees
Motion made by Mr. Miranda, seconded by Mr. Larisa, and voted 5-0 to move the item to the end of the docket.
(By Councilman Robert D. Sullivan)
Municipal Court Update
Mr. Sullivan gives a brief report on the Municipal Court and asks the City Clerk to read the financial report. Mr. Larisa requests the Finance Director to prepare an accrual report of the Court for the Council.
RESOLUTION REQUESTING LEGISLATION TO EXEMPT SCHOOL CROSSING GUARDS AND SPECIAL OFFICERS WORKING AS SCHOOL CROSSING GUARDS FROM UNEMPLOYMENT COMPENSATION DURING SCHOOL VACATION AND SUMMERS.
RESOLVE NO. 15
(Requested by Chief of Police)
The above-entitled Resolution is introduced and, on motion of Mr. Lynch, seconded by Mr. Larisa, and on a unanimous roll-call vote with all Council members voting, is adopted.
1) AN ORDINANCE IN AMENDMENT OF CHAPTER 5 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "FIRE PREVENTION.", which amends Section I. Sec. 5.28. of Chapter 5 is amended to read as follows:
Sec. 5.28. Safety protection for drive-thru businesses.
(Requested by Fire Marshal)
The above-entitled ordinance is introduced and, on a motion of Mr. Larisa, 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 April 18, 1995, for a public hearing and consideration of final passage.
2) AN ORDINANCE IN AMENDMENT OF CHAPTER 5 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "FIRE PREVENTION.", which amends Sec. I
Sec. 5-1. entitled "Fire Code Adopted."
Sec. II. Sec. 5-2 entitled "Amendments."
Sec. F-101.0. General
Sec. F-101.6. Life and/or Fire Safety Matters Not Set Forth In This Code
Sec. F-105.1. Enforcement Officer
Sec. F-110.1. General
Sec. F-403.0 Open Burning
Sec. F-403.1 Outdoor Fires
Sec. F-312.2. Prohibited Areas
Sec. 18. Street Obstructions
Sec. F-3201.0. General
Sec. F-3201.0. Above Ground Tank Storage
Sec. F-3201.1. General
Sec. F-3201.2. Existing Tanks
Sec. F-3201.3. Fuel Oil For Heating Purposes
Sec. F-3203.5. Dispensing
Sec. F-3203.5.5. Bulk Plants Dispensing Class 1 Flammable Liquids
Sec. F-3210.0. Tank Vehicles
Sec. F-404.0. Torches For Removing Paint
Sec. F-404.1. (Torches - Description)
Sec. F-404.2. (Torches - Description)
Sec. F-404.3. (Torches - Description)
(Requested by Fire Chief)
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 on April 18, 1995, for a public hearing and consideration of final passage.
3) AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "MOTOR VEHICLES AND TRAFFIC.", which amends Article X entitled "Stopping, Standing and Parking.", Subsection 18-307 entitled "Parking prohibited at all times.", adding thereto the following:
Pawtucket Avenue (west side), from the northerly drive of the Recreation Center southerly for a distance of thirty (30) feet.
(Requested by Director of Public Works)
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 on April 18, 1995, for a public hearing and consideration of final passage.
4) 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 I. Chapter 8 entitled "Licenses and Business Regulations.", is amended by adding thereto the following:
ARTICLE XIX. SEXUALLY ORIENTED BUSINESSES
(Requested by Councilman Joseph S. Larisa, Jr.)
Mr. Larisa speaks on the ordinance regarding sexually oriented business. He says this is the first ordinance of its kind in Rhode Island.
Mr. Conley explains the background of the ordinance and says the material comes from a series of court challenges on the subject.
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 April 18, 1995 for a public hearing and consideration of final passage.
(By Councilman Gerald R. Lynch)
Housing Advisory Commission
Aldor Cloutier 1 Frederick Street Apt 105 02916
On motion of Mr. Lynch, seconded by Mr. Sullivan, it is unanimously voted to appoint Aldor Cloutier to the above Commission.
*Earth Day Shoreline Clean-Up
By Noel Mahler, 3 White Avenue 02915
Re: Requesting to address the Council regarding 1995 Earth Day Shoreline Clean-Up.
Noel Mahler, 3 White Avenue, is present and sworn. Mr. Mahler announces 1995 Earth Day will be held on April 22, 1995.
Motion is made by Mr. Miranda, seconded by Mr. Larisa, to go into Closed Session to discuss Performance review of Council Appointees.
The meeting recesses at 11:06 P.M. and goes into Closed Session.
(CLOSED SESSION)
(Page 58)
The Open Meeting reconvenes at 11:15 P.M. and adjourns at 11:15 P.M.
Attest:
Valerie A. Perry
City Clerk
Approved:______________________________
CLOSED SESSION