April 18, 1995 - Journal of the Regular Council Meeting

 

 

CITY OF EAST PROVIDENCE

RHODE ISLAND

JOURNAL OF REGULAR COUNCIL MEETING

TUESDAY - APRIL 18, 1995

8:00 P.M.

 

 

The City Council meets in the Council Chamber on Tuesday, April 18, 1995, and is called to order at 8:05 P.M. by Mayor Rolland R. Grant.

 

Present               Rolland R. Grant                              )  Mayor

                           Joseph S. Larisa, Jr.                        )

                           Gerald R. Lynch                               )  Council Members

                           Norman J. Miranda                           )

 

                           Paul E. Lemont                              )  City Manager

                           William J. Conley, Jr.                     )  City Manager

                           Valerie A. Perry                             )  City Clerk

 

Absent                Robert D. Sullivan                         )  Councilman

 

(Darlene LaPlante, Woods Recording, 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 Gerald R. Lynch.

 

TO APPROVE THE CONSENT CALENDAR

On motion of Mr. Lynch, seconded by Mr. Miranda, and on a roll-call vote 4-0, it is voted that the Consent Calendar be accepted.  Mr. Sullivan is noted absent.

 

*CONSENT CALENDAR

 

APPROVAL OF COUNCIL JOURNALS

Regular Meeting - March 21, 1995

 

Tag Days - April 20,21 & 22, 1995 - Rain date: - September 14,15 & 16, 1995

Applicant        - Juan Glomba

Knights of Columbus

Location         - East Providence

Subject to Police Chief's approval

 

Unanimously granted.

 

Tag Days - September 7,8 & 9, 1995

Applicant        - Alfred D. Santie

Riverside Pop Warner Football

Location         - East Providence

Subject to Police Chief's approval

 

Unanimously granted.

 

Coastal Resources Management Council

File No. 95-3-49

Requesting to construct and maintain a 440 linear feet (of 20 inch diameter pipe)  

extension to existing discharge pipe (RIDEM RIPDES #RI0001333) to accommodate additional (600gpm+ -) discharge from groundwater remediation project.          (Mobil Oil Corp)

 

Received as information.

 

Coastal Resources Management Council

By Gregory Baribault, Permitting Staff

File No, 95-3-78

FINDING OF NO SIGNIFICANT IMPACT

Requesting to replace existing timber deck, located at Map 414, Block 22, Parcel 012.00; 132 Riverside Drive.  (Maryann DeClerq/Paula A. Rugloski)

 

Received as information.

 

Coastal Resources Management Council

By William A. Mosunic

File No. M95-4-5

FINDING OF NO SIGNIFICANT IMPACT

Requesting to replace roof shingles, exterior door, fence, siding and driveway, located at 209 Riverside Drive, Plat 414, Lot 5.  (Leona A. Pappas)

 

Received as information.

 

PROCLAMATIONS, PRESENTATIONS, & INTRODUCTIONS   

 

Boys & Girls Club Week - April 23 - 29, 1995

 

Accepted.

 

CITY COUNCIL SITTING AS LICENSING COMMISSIONERS

 

LICENSES REQUIRING PUBLIC HEARING

 

*ALCOHOLIC BEVERAGE LICENSE - Class B Limited (Victualer) Transfer

From                - Jose A. Vieira

dba                  - Island Cafe, Inc.

To                    - Steven J. Pimental

dba                  - Steve's Place

Location           - 158 Roger Williams Avenue

 

Subject to approvals from: Chief of Police, Building Inspector, Health Inspector

 

Steven J. Pimental, 61 Locust Street, Arthur Pimental, 131 Park Drive and Jose Vieira, 126 Birch Swamp Road, Warren, Rhode Island, are present and sworn.

 

On motion of Mr. Larisa, seconded by Mr. Lynch, it is voted 4-0 on a roll-call vote to grant the above license.  Mr. Sullivan is noted absent.

 

*Victualling - Class 3/not over 25 - Transfer

From                - Jose A. Vieira

dba                  - Island Cafe, Inc.

To                    - Steven J. Pimental

dba                  - Steve's Place

Location           - 158 Roger Williams Avenue

 

Subject to approvals from:  Chief of Police, Building Inspector, Health Inspector

 

On motion of Mr. Lynch, seconded by Mr. Larisa and on a roll-call vote 4-0, the above license is granted.  Mr. Sullivan is noted absent.

 

LICENSES NOT REQUIRING PUBLIC HEARING

 

*Victualling - Class 3/not over 25

Applicant          - J. T. Donuts, Inc.

Dba                  - Dunkin Doughnuts

Location           - 399 North Broadway

 

Subject to approvals from: Chief of Police, Building Inspector, Health Inspector

 

Joseph Martins, 95 Rice Avenue, Tony Arruda, Seekonk, Massachusetts and Lou DeAngelis, Randolf, Massachusetts are present and sworn.

 

Mr. Lynch asks for a deferral until the building is built. 

 

On motion of Mr. Lynch, seconded by Mr. Larisa and on a roll-call vote 4-0, the above license is deferred to a later date.  Mr. Sullivan is noted absent.

 

*Victualling - Class 3/not over 25

Applicant        - J. T. Donuts, Inc.

dba              - Dunkin Doughnuts

Location         - 484 Taunton Avenue

 

Subject to approvals from: Chief of Police, Building Inspector, Health Inspector

 

On motion of Mr. Miranda, seconded by Mr. Larisa, and on a roll-call vote 4-0, the above license is granted.  Mr. Sullivan is noted absent.

 

*Victualling - Class 3/not over 25

Applicant          - R & R Refreshments

dba                  - Dels Lemonade

Location           - 400 Waterman Avenue

 

Subject to approvals from:  Chief of Police, Building Inspector, Health Inspector

 

Richard Hallam, 211 Greenwood Street and Raymond Dale, 110 Magnolia Street, Cranston, Rhode Island, are present and sworn.

 

On motion of Mr. Miranda, seconded by Mr. Lynch, and on a roll-call vote 4-0, the above license is granted.  Mr. Sullivan is noted absent.

 

*Sunday/Holiday Sales - Transfer

From            - Rodrigues, Antonio

dba              - Rodrigues Meat

To               - East Providence Portuguese Market

Location         - 229 Warren Avenue

 

Subject to approvals from:  Chief of Police, Building Inspector, Health Inspector

 

Jose Placido, 43 Brightridge Avenue, is present and sworn.

 

On motion of Mr. Miranda, seconded by Mr. Lynch, and on a roll-call vote 4-0, it is voted to approve the above license.   Mr. Sullivan is noted absent.

 

*Sunday/Holiday Sales

Applicant        - Airborne East, Inc.

Location         - 155 Newport Avenue

 

Subject to Police Chief's approval

 

Mr. Larisa asks for a deferral to await a ruling from the Attorney General's Office.

 

Motion to defer to the next meeting made by Mr. Larisa, seconded by Mr. Lynch, and unanimously voted on a roll-call vote 4-0.  Mr. Sullivan is noted absent.

 

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL

 

PUBLIC HEARINGS

 

**ORDINANCES - (Given first passage April 4, 1995)

 

Advertised - Providence Journal - April 7, 1995 

 

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-through businesses.

CHAPTER NO. 352   

(Requested by Fire Marshal)

 

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 roll-call vote 4-0, said ordinance is adopted.  Mr. Sullivan is noted absent.

 

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)

CHAPTER NO. 353

 

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 roll-call vote 4-0, said ordinance is adopted.  Mr. Sullivan is noted absent.

 

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.

 

CHAPTER NO. 354

(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.

 

No persons are present who wish to be heard.

On motion of Mr. Miranda, seconded by Mr. Lynch, and on a roll-call vote 4-0, said ordinance is adopted.  Mr. Sullivan is noted absent.

 

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

 

CHAPTER NO. 355

(Requested by Councilman Joseph S. Larisa, Jr.)

 

Carl Bruno, 23 Salem Drive, North Providence, Rhode Island, is present and sworn.  Mr. Bruno asks when the ordinance takes effect and is told by Mr. Conley that it takes effect immediately upon passage.

 

Carl Bruno asks if he will have to wait a year for his Sunday/Holiday license if the Attorney General takes a year to make a determination on the obscenity issue.  Mr. Bruno is told that the license will be acted on at the next meeting.

 

Mr. Larisa states that upon passage, East Providence will be the first City in the State to regulate sexually oriented businesses.

 

Motion to approve on a roll-call vote 4-0 is made by Mr. Larisa, seconded by Mr. Lynch.   Mr. Sullivan is noted absent.

 

CONTINUED BUSINESS

Performance Review of Council Appointees - (Continued from April 4, 1995)

On motion of Mr. Miranda, seconded by Mr. Lynch, is voted 4-0 to defer this matter to the next regular Council meeting to be held May 2, 1995.

 

NEW BUSINESS

CITY MANAGER

 

*Re:  Minimum Requirements for Police Officer Candidate

On motion of Mr. Larisa, seconded by Mr. Lynch, it is voted 4-0 to defer this matter to the next regular Council meeting to be held, May 2, 1995.

 

CITY OFFICIAL REPORTS

 

1)          *Finance/Purchasing Departments

By John M. Andrews, Purchasing Agent

Re:  Improvements to the Providence Avenue Playground  

  

Motion is made by Mr. Larisa, seconded by Mr. Lynch, to approve the low bid as long as D'Ambra is the low bidder after recalculations are made.  Mr. Andrews is asked to give the Council a final bid tabulation at the next meeting.  Motion passes 4-0 on a roll-call vote.  Mr. Sullivan is noted absent.

 

2)          Re:  Restoration and renovations - Looff Carousel

Discussion is held regarding the amount of money needed for the restoration and where the funds will come from.  The project will be done in two phases to allow time for additional funds to be gathered in the form of donations, grants, etc.  

 

Henry Caparco, Chairman of the Carousel Commission, receives Council consent to address the Council.  He says that the Commission received $15,000 in Block Grant money and that two horses have been adopted.  He also states that because the Carousel is in the Enterprise Zone, anyone contributing to the Carousel will get a tax deduction.

 

On motion of Mr. Larisa, seconded by Mr. Lynch, and on a roll-call vote 4-0, it is voted to approve the above request.  Mr. Sullivan is noted absent.

 

CLAIMS COMMITTEE

The Claims Committee Report is accepted on motion of Mr. Lynch, seconded by Mr. Miranda on a 4-0 vote.  Mr. Sullivan is noted absent.

 

The meeting recesses at 9:00 P.M. and reconvenes at 9:05 P.M.  Mr. Sullivan is noted absent.

 

Mr. Lynch receives Unanimous Consent to discuss a fund set up for Jeramie Fund/J Nadrowski , the surviving family member that was involved in an automobile crash a few weeks ago. 

 

Mayor Grant receives Unanimous Consent to discuss an incident of dogs-at-large that resulted in no mail delivery for residents of the City.  Mayor Grant states that he was upset to learn that some people had not received mail for several days because of a vicious dog and the fact that authorities had not been notified.  He asks for the Council's endorsement to send a letter to the Providence Post Master informing him to notify the Police Department in future cases of dogs-at-large. 

 

*RESOLUTIONS

 

RESOLUTION ENDORSING PARTICIPATION IN THE STATE'S MASTER PRICE AGREEMENT FOR A "TURN-KEY" RESIDENTIAL RETROFIT PROGRAM.  

   

(Requested by Director of Public Works)

RESOLVE NO. 17

 

Julia Forgue speaks on the Resolution adopted.

 

The above-entitled Resolution is introduced and, on motion of Mr. Lynch, seconded by Mr. Miranda and on a roll-call vote 4-0, is adopted.  Mr. Sullivan is noted absent.   

 

*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 "MOTOR VEHICLES AND TRAFFIC.", which amends Article X entitled "Stopping, Standing and Parking.", Subsection 18-307 entitled "Parking prohibited at all times.", by deleting therefrom the following: 

 

Burnside Avenue (north side), from Arnold Street westerly four hundred (400) feet between 8:00 A.M. and 6:00 P.M.

 

Section II. Article X entitled "Stopping, Standing and Parking.", Subsection 18-307 entitled "Parking prohibited at all times.", is amended adding thereto the following:

 

Burnside Avenue (north side), from Arnold Street westerly four hundred (400) feet on school days during the hours of 8:00 - 9:00 A.M. and 2:00 - 3:00 P.M.

 

(Requested by Director of Public Works)

 

The above-entitled ordinance is introduced and on motion of Mr. Lynch, seconded by Mr. Miranda and on a roll-call vote 4-0, is given first passage and referred to the next regular Council meeting to be held on May 2, 1995, for a public hearing and consideration of final passage.  Mr. Sullivan is noted absent.

 

2)          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.", is amended by adding thereto the following:

 

  James Street (west side), from Waterman Avenue northerly for a distance of one hundred (100) feet.

 

(Requested by Director of Public Works)

 

The above-entitled ordinance is introduced and on motion of Mr. Miranda, seconded by Mr. Lynch and on a roll-call vote 4-0, is given first passage and referred to the next regular Council meeting to be held on May 2, 1995, for a public hearing and consideration of final passage.  Mr. Sullivan is noted absent.

 

3)          AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCE OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "MOTOR VEHICLES AND TRAFFIC.",  which amends Article X "Stopping, Standing and parking.", Subsection 18-312 entitled "Same-One hundred twenty minutes.", is amended by deleting therefrom the following:

 

     Council Way (both sides), from Almeida Avenue to Commercial Way.

 

(Requested by Director of Public Works)

 

The above-entitled ordinance is introduced and, on motion of Mr. Miranda, seconded by Mr. Lynch, and on a roll-call vote 4-0, is given first passage and referred to the next regular Council meeting to be held May 2, 1995, for a public hearing and consideration of final passage.

 

*COMMUNICATIONS

 

Emile A. Corriveau, 10 Providence Avenue

Re: Requesting to address the Council regarding Fire Equipment and the mannerism in which it is used.

 

Mr. Emile A. Corriveau not present.

 

Meeting adjourns at 9:15 P.M.

 

Attest:

 

 

 

Valerie A. Perry

City Clerk

 

Approved:____________________

 

 

April 18, 1995 - Journal of the Regular Council Meeting
Published by ClerkBase
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