CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
8:00 P.M.
The City Council meets in the Council Chamber on Tuesday, July 18, 1995, 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
(Denise 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. Miranda, seconded by Mr. Sullivan, and on a unanimous roll-call vote with all Council members present and voting, it is voted to approve the Consent Calendar.
APPROVAL OF COUNCIL JOURNALS
Regular Meeting - June 20, 1995
Special Meeting - June 27, 1995 - Stop & Shop
Special Meeting - June 29, 1995 - City Towing Fees
Unanimously approved.
Town on Exeter-West Greenwich School Committee
By Cheryl A. Chorney, Town Clerk
Requesting consideration and/or adoption of a Resolution relating to State Aid and Property Taxes.
Received as information.
Coastal Resources Management Council
By Gregory Baribault, Permitting Staff
File No. F95-6-26 - FINDING OF NO SIGNIFICANT IMPACT
Requesting to replace roofing, siding and windows: located at Map 415, Block 8, Parcel 2; 297 Terrace Avenue. (Edward Weber)
Received as information.
(Permission to advertise)
Alcoholic Beverage - Class B Limited (Victualer)
Applicant - Annette Cabral
- Kathy Rodrigues
dba - New Primo's
Location - 158 Roger Williams Avenue
Approved - Chief of Police
Subject to approvals from: Building Inspector, Health Inspector
Unanimously approved.
CITATION
Bernard Kavanagh
Accepted.
Mr. Sullivan asks for a change in the order of business to place Communications next on the docket. Motion made by Mr. Larisa seconded by Mr. Miranda and unanimously voted on a roll call vote.
Anthony Perry, 9 Pier Road
Requesting to address the City Council regarding the lease of City Property at the end of Mauran Avenue.
Anthony Perry, 9 Pier Road, East Providence is present and sworn. Mr. Perry says he does not agree with the proposed use of City property at the end of Mauran Avenue. He says he would like to lease the property or adopt it to maintain the property.
After discussion, motion is made by Mr. Miranda, seconded by Mr. Larisa, to accept the communication from Mr. Perry refer the matter to the Planning Board. Motion passes unanimously on a roll call vote.
Doreen Medeiros, and Donna McEnery, 167 Ferris Avenue, East Providence, Rhode Island are present and sworn.
Ms. Medeiros addresses the Council and speaks of the late Geraldine Grant, an East Providence teacher and an advocate for special needs. Ms. Medeiros speaks about the formation of a foundation to make all public playgrounds in the State fully accessible to all children, and asks the Council's support for their efforts.
Councilman Sullivan commends Gerry Grant for her efforts to help handicapped children. He says the Carousel Commission has agreed to donate the use of the Carousel for the first fund raiser of the group. The Council agrees to support the project.
Motion is made by Mr. Larisa, seconded by Mr. Lynch, to return to the regular order of business. Motion passes unanimously on a roll call vote.
ALCOHOLIC BEVERAGE LICENSE - Class B Full Privilege (Victualer)
(Transfer)
Advertised East Providence Post, June 1 & 8, 1995
From - PJT'S Pub, Inc.
To - John Bar & Grille, Inc.
dba - Johnny's Bar & Grille
Location - 855 Waterman Avenue
Approval from Chief of Police - DENIED
Subject to approvals from: Building Inspector, Health Inspector
The applicant is not present.
On motion by Mr. Larisa, seconded by Mr. Lynch, and on a unanimous roll call vote with all Council members present and voting, it is voted to DENY the license.
Victualling/over 50 - (Transfer)
From - PJT'S Pub, Inc.
To - John Bar & Grille, Inc.
dba - Johnny's Bar & Grille
Location - 855 Waterman Avenue
Approval from Chief of Police - DENIED
Subject to approvals from: Building Inspector, Health Inspector
On motion by Mr. Larisa, seconded by Mr. Lynch, and on a unanimous roll call vote with all Council members present and voting, it is voted to DENY the license.
McLaughlin & Moran, Inc.
By Thomas M. Glavin, Credit Manager
Letter of objection due to indebtedness.
Received as information.
ALCOHOLIC BEVERAGE LICENSE - Class B Full Privilege (Victualler)
Transfer
From - Ping C. Chin
dba - Ping Chin Island
To - Lees Restaurant and Lounge, Inc.
dba - Lees Restaurant and Lounge
Location - 376 Bullocks Point Avenue
Approved - Chief of Police
Subject to approvals from: Building Inspector, Health Inspector
Attorney Donald A. Dellehunt, representing the applicant, addresses the Council and says there will be no pool tables at the establishment.
Cindy Chun, 115 Niles Hill Road, New London, Connecticut is present and sworn.
Ms. Chun states she is buying the entire building and the business. She says the building and parking lot will be upgraded.
In response to questions from the Council regarding the Entertainment license, Ms. Chun testifies that she is planning on having a band and dancing on Fridays and weekends to begin with.
Mayor Grant says there is a stipulation of time on the entertainment license because of several complaints in the past.
Attorney Robert Simmons, representing Mr. Chin, states that there was a period of time when there were some complaints, but they were addressed and the stipulation was that music be stopped 1/2 hour before closing time.
Ms. Chun says they will be happy to comply with stipulations, and if problems arise they will be happy to correct them. Says she is not sure what kind of entertainment they will have, but she will keep the noise down.
On a motion by Mr. Larisa, seconded by Mr. Sullivan, it is unanimously voted on a roll-call vote to approve the Alcoholic Beverage License, subject to all approvals.
Victualling/over 50 - Transfer
From - Ping C. Chin
dba - Ping Chin Island
To - Lees Restaurant and Lounge, Inc.
dba - Lees Restaurant and Lounge
Location - 376 Bullocks Point Avenue
Approved - Chief of Police
Subject to approvals from: Building Inspector, Health Inspector
On a motion by Mr. Larisa, seconded by Mr. Sullivan, it is unanimously voted on a roll-call vote to approve the Victualling License, subject to all approvals.
Dance/Entertainment - Transfer
From - Ping C. Chin
dba - Ping Chin Island
To - Lees Restaurant and Lounge, Inc.
dba - Lees Restaurant and Lounge
Location - 376 Bullocks Point Avenue
Approved - Chief of Police, Zoning Officer
Subject to approvals from: Building Inspector
On a motion by Mr. Larisa, seconded by Mr. Sullivan, it is unanimously voted on a roll call vote to approve the Dance/Entertainment License with the stipulation that the entertainment cease at 12:30 A.M. Subject to approval from Building Inspector.
Sunday/Holiday Sales
Applicant - Knapp Video
Location - 84 Narragansett Park Drive
Approved - Chief of Police, Building Inspector
Subject to approval from: City Manager
Richard McCaffrey, 149 Oakland Street, Mansfield, Massachusetts is present and sworn.
On a motion by Mr. Larisa, seconded by Mr. Sullivan, it is unanimously voted to approve the Sunday/Holiday Sales license, subject to approval from City Manager.
Victualling/not over 25
Applicant - Clint M. Layman
dba - Bagel Break
Location - 2825 Pawtucket Avenue
Approval from Chief of Police: DENIED
Subject to approvals from: Building Inspector, Health Inspector
Clint M. Layman, 173 Orchard Street, East Providence, Rhode Island is present and sworn.
Because the Council did not receive a report from the Chief of Police regarding his denial of the license, Mr. Larisa makes a motion to defer the matter to the next Council meeting. The motion is seconded by Mr. Miranda and unanimously voted.
Victualling/not over 25
Applicant - Annette Cabral
- Kathy Rodrigues
dba - New Primo's
Location - 158 Roger Williams Avenue
Approved - Chief of Police
Subject to approvals from: Building Inspector, Health Inspector
Annette Cabral and Kathy Rodrigues are present and sworn.
On a motion by Mr. Lynch, seconded by Mr. Larisa, it is unanimously voted to approve the Victualling License, subject to all approvals.
The meeting is recessed at 8:55 p.m. and reconvenes at 9:05 p.m.
Mr. Miranda receives Unanimous Consent to discuss two issues - Soccer Fields and Compost.
In response to a question from Mr. Miranda regarding Soccer Fields, Mr. Lemont reports that he is not optimistic about building additional facilities for soccer but is positive that there will be plenty of space in the Fall. He says the landfill is being tested by the E.P.A. and is doubtful that it will be available for anyone's use for some time.
Julia Forgue responds to Mr. Miranda's question about compost at the landfill. She says the City will deliver compost to anyone who will pay the trucking charge. She says a check should be sent to the Engineering office and the customer will be given a flag to place on the lawn indicating where the compost is to be dumped.
Mayor Grant receives Unanimous Consent to discuss the Adopt an Island. He raises the issue of having volunteers donating some time to water the plants and bushes on the Islands that have been adopted. He suggests the Firefighters Union donating a couple of hours to get out and help to make the City beautiful.
Police Department's recommended guidelines for tow companies.
(City Manager's reply to the Council with reference to towing charges)
Chief Winquist says something has to be done quickly to avoid complaints that have been coming in as recently as today. He asks that the complainants come forward to address the Council. Mr. Lynch says no company should be discussed on Cable TV without representation from an Attorney.
Mayor Grant says the issue originated from Councilman Miranda's complaint for an overcharge by a towing company.
Mr. Lynch says unanimous consent is needed to have the complaints heard and he will not give his consent.
Chief Winquist proceeds to give his report on the recommended towing charges. He says that the police department puts the towers on a rotating list - towers are appointed by the Council. If a person requests their own tower, the police will honor the request as long as it doesn't tie up the scene for too long.
Mr. Larisa asks if #7 of the Report (Complete report in Council File) could be done by the Council.
Mayor Grant says any tower who applies to the City of East Providence should not be convicted of moral turpitude.
Mr. Miranda speaks on Mr. Sullivan's report. While he says the rates are more than fair, he has a problem with people being overcharged and thinks the Council should act on recommendations, whether they be the Chief's or Mr. Sullivan's.
Mr. Larisa says he agrees, and he would propose the approving of the Chief's language with one adaption: However the towing service may petition the Council's Claims Committee if there has been additional delay.
Mr. Sullivan submits his report. He says there are only a couple of changes from the Chief's report - $4.00 for 4-10 miles and $3.00 for 11 miles and thereafter. He reports on the other changes (See Council File for complete report).
Mr. Lynch suggests that all Police officers or towers have a supply of the Guidelines to give out to those who have to be towed. Chief Winquist states that the Tow Company should give out the guidelines, and the Police Department will provide adequate copies to he towers. It is then decided that a 5x7 card will be adequate.
The Police Chief will have the authority to remove a tower from the tow list until the ordinance is passed.
After further discussion, motion is made by Mr. Sullivan, seconded by Mr. Miranda to accept Mr. Sullivan's recommendations with the following minor modifications:
1. Qualifications for Towing Services - City of East Providence
Any tower that applies to the City of East Providence to be placed on the tow list shall not have been convicted of moral turpitude; the nature of which will be determined by the East Providence City Council.
2. Schedule of Offenses..Guidelines - Sanctions or Penalty
a) Change #5 to read: Removal from List
b) Last Paragraph - Add: All complaints to be heard by the City Council.
3. Emergency power to the Police Chief
The motion passes unanimously on a roll call vote.
Corporate Authority - Negotiations
Motion made by Mr. Miranda, seconded by Mr. Sullivan and unanimously voted to move the item to the end of the meeting.
Finance Department
By James F. McDonald, Finance Director
Re: Providence Place Mall Update
Mr. McDonald says that the first $6 million that is generated from the Mall will be used to pay the debt service, but questions just how much in the way of sales tax dollars will be generated. He says that things of a clothing nature or things that are worn are not eligible for sales tax, and it does appear that there probably will not be enough sales tax money to pay for that.
Mr. McDonald goes on to say that he does not believe the Mall will have that much effect on East Providence retailers.
On a motion by Mr. Sullivan, seconded by Mr. Lynch, it is unanimously voted to accept Mr. McDonald's report.
Mr. Lynch thanks Mr. McDonald for the report.
Mayor Grant asks the Council if they want a Resolution on the issue, and Mr. Sullivan makes a motion, seconded by Mr. Lynch, and unanimously voted to take it under advisement.
The Claims Committee report is unanimously accepted on motion by Mr. Miranda, seconded by Mr. Sullivan. (See Council file for complete report).
(By Mayor Rolland R. Grant)
Licensing of Cats
Mayor Grant asks for support of an ordinance in respect to licensing of cats. He says there are armies of stray cats and they should be licensed and have the proper shots.
He asks the Council for support for an ordinance for licensing of all cats and ferrets
Mr. Larisa asks that the City Manager be directed to get a report from the Animal Control Officer and consult with those he feels appropriate and then report back to the Council with his findings.
Mr. Lynch says he wants to see cost factors in the licensing of cats and ferrets.
Mayor Grant says he is not opposed to a report from the Animal Control Officer but thinks it is imperative that the Council take action to protect the people.
(By Councilman Robert D. Sullivan)
Bay Side Park
Mr. Sullivan speaks on the conditions of Bay Side Park and says it is a disgrace to the City of East Providence. He says there is hardly any grass and the contractor that was hired did a terrible job.
Mr. Lemont reports that he is getting prices on a sprinkler system and loam, and says he would like to see a bandstand in the park.
RESOLUTION DETERMINING CERTAIN MATTERS RELATING TO THE MANNER IN WHICH NOT TO EXCEED THE $9,200,000 GENERAL OBLIGATION REFUNDING BONDS ISSUED FOR THE PURPOSE OF REFUNDING A PORTION OF THE CITY'S $15,600,000 GENERAL OBLIGATION BONDS SHALL BE ISSUED AND SOLD AND AUTHORIZING THE DIRECTOR OF FINANCE AND THE MAYOR TO DETERMINE CERTAIN OTHER MATTERS RELATING THERETO.
RESOLVE NO. 22
(Requested by Director of Finance)
The above-entitled resolution is introduced and, on a motion by Mr. Lynch, seconded by Mr. Miranda, said Resolution is adopted on a unanimous roll-call vote.
(If given first passage can be referred to the next regular Council meeting to be held, on Tuesday, August 15, 1995, for a public hearing and consideration for final passage)
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. Section 4-69 entitled "Same--Composition; appointment."
Section II. Section 4-70 entitled "Same--Terms of members; filling vacancies."
Section III. Section 4-71 entitled "Same--Qualifications of members; officers."
Section IV. Section 4-76 entitled "Same--Vote required for reversal or modification of orders."
(Requested by Law Department)
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 August 15, 1995, 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 "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:
Rosemere Drive (south side), from North Broadway easterly for a distance of 100 feet.
(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 unanimous roll-call vote with all Council members voting, is given first passage and referred to the next regular Council meeting to be held August 15, 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:
Drowne Parkway (south side), from Pawtucket Avenue easterly for a distance of 100 feet.
(Requested by Director of Public Works)
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 voting, is given first passage and referred to the next regular Council meeting to be held on August 15, 1995, for a public hearing and consideration of final passage.
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 X entitled "Stopping, Standing and Parking.", Subsection 18-315 entitled "Reserved parking designated-Handicapped parking.", adding thereto the following:
Viola Avenue (east side) from Crescent View Avenue northerly for a distance of approximately 40 feet.
(Requested by Public Works Director)
5) 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:
Viola Avenue (east side) from a point approximately 40 feet north of Crescent View Avenue northerly for a distance of 137 feet.
(Requested by Public Works Director)
The two above-entitled ordinance are introduced and, on motion of Mr. Sullivan, seconded by Mr. Lynch, and on a unanimous roll-call vote with all Council members present and voting, are given first passage and referred to the next regular Council meeting to be held on August 15, 1995, for a public hearing and consideration of final passage.
On motion by Mr. Larisa, seconded by Mr. Sullivan, it is unanimously voted on a roll-call vote to go into Executive Session to discuss negotiations.
The meeting recesses at 10:40 p.m. and goes into Executive Session.
(See separate folder for Closed Session)
NEGOTIATIONS
The meeting reconvenes into Open Session at 11:00 P.M. and adjourns at 11:00 P.M.
Attest:
Valerie A. Perry
City Clerk
Approved:___________________________________