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, March 21, 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
(Deanna DelGreco, Woods Reporting, 20 Fifth Street, Providence, Rhode Island, is present to record the proceedings of the public hearings)
Invocation is led by Councilman Norman J. Miranda.
Salute to the Flag is led by members of Riverside Troop 4 Boy Scouts of America.
TO APPROVE THE CONSENT CALENDAR
Motion is made by Mr. Larisa, seconded by Mr. Lynch, to remove three items from the Consent Calendar: 1) Class F Alcoholic Beverage License for Trinity Brotherhood, 2) Sunday/Holiday Sales license for Airborne East, and 3) Sunday/Holiday Sales license for Carousel Video. Motion passes 5-0.
Motion is made by Mr. Lynch, seconded by Mr. Larisa to approve the Consent Calendar as amended. Motion passes unanimously on a roll-call vote.
Coastal Resources Management Council
By Gregory Baribault
File No. M95-2-52 - FINDING OF NO SIGNIFICANT IMPACT
Requesting to replace roof shingles gutters and downspouts, located at 7 Bluff Street, Map 312, Block 33, Lot 10. (Susan A. Shore)
Received as information.
Coastal Resources Management Council
By Gregory Baribault
File No. A95-2-54 - FINDING OF NO SIGNIFICANT IMPACT
Requesting to construct a 10' x 26' deck located at Booth Avenue, Map 513, Block 13, Parcel 6. (Joan P. Riendeau)
Received as information.
(Permission to advertise)
Alcoholic Beverage - 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
Unanimously granted.
Alcoholic Beverage - Class F - 19 hours beginning at 6:00 A.M. on March 25,
1995.
Applicant - St Martha's Church
Location - 2595 Pawtucket Avenue
Subject to Police Chief's approval
Unanimously granted.
Alcoholic Beverage - Class F - 19 hours beginning at 6 A.M. on June 9, 10, 11,
1995.
Applicant - Trinity Brotherhood
Location - 146 Sutton Avenue
Subject to Police Chief's approval
Removed from the Consent Calendar.
Mr. Miranda says he wants all organizations planning Feasts to be instructed by the City Clerk's office as to what permits are needed. Motion is made by Mr.Miranda, seconded by Mr. Lynch, for all applicants to receive information on permits at the time of application. Motion passes unanimously on a roll-call vote.
Sunday/Holiday
Applicant - Airborne East, Inc.
Location - 155 Newport Avenue
Subject to Police Chief's approval
Removed from the Consent Calendar.
Carl Bruno, 23 Salem Drive, North Providence, Rhode Island, is present and sworn.
Mr. Bruno answers questions from the Council regarding the operation of his establishment. Mr. Bruno states that the Sunday hours will be from 12 P.M. to 10 P.M.
After further questions from the Council regarding the items for sale, the Council opens the meeting to public discussion.
Mr. Conley swears in all those who want to address the Council on this issue.
Representative Edward Lynch, 123 Don Avenue, addresses the Council on his opposition to the business establishment. He says that under the law, the only way to deny the license would be at renewal time if the company is breaking any
laws. A discussion is held regarding Rhode Island General Law 11-31-1, which gives the Attorney General the power to prohibit the sale of obscene material. Mr. Larisa says that one important issue is that one of the standards of the law is called "Community Standard", which encompasses the entire State. He says it would be a great help if legislation changed "Community Standard" to mean each individual City and Town in the State.
Lisa Proctor, Pawtucket Avenue, speaks against the license.
David Archer, Dell Avenue, presents a petition with more than 500 signatures demanding the Attorney General's office to investigate the matter. Mr. Archer asks the Council to consider changing the City wide zoning laws to prohibit the
sale of adult videos in residential areas.
Robert L. Deacy, 5 Gibb Street, speaks against the license.
Bob Hollands, Cumberland, Rhode Island, speaks against the license.
Ken Schneider, 33 Edward Avenue, Co-President of the East Providence Coalition, addressed the Council.
He asks for the denial of the Sunday license for the Council to put as much pressure as possible to the Attorney General, and for the City to pass ordinances keeping pornographic shops at least 1,000 feet away from schools and churches.
Bob Alienello, President of the Boys and Girls Club of East Providence, asks the Council to deny the license.
Mr. Conley states that the issue is if the items for sale at Airborne East violate the obscenity laws, and he proceeds to discuss those laws.
After further discussion, a motion is made by Mr. Larisa, seconded by Mr. Lynch, to defer the license for a period of 30 days to await a ruling from the Attorney General. Motion passes unanimously on a roll-call vote.
Motion is made by Mr. Lynch, seconded by Mr. Miranda, to change the order of business and move Mr. Larisa's docketed item to this point. Motion passes 5-0.
(By Councilman Joseph S. Larisa, Jr.)
Distribution of obscene material. Referral to the Attorney General's Office.
Mr. Larisa speaks on a Resolution regarding obscene material, which refers the matter to the Attorney General.
After discussion, motion is made by Mr. Larisa, seconded by Mr. Lynch, to adopt the Resolution. Motion passes unanimously on a roll-call vote.
Meeting recesses at 9:20 P.M. and reconvenes at 9:30 P.M. with all Council members present.
Sunday/Holiday
Applicant - Carousel Video
Location - 662 Bullocks Point Avenue
Subject to Police Chief's approval
Removed from the Consent Calendar.
Deferred to the next meeting. Applicant not present.
APPROVAL OF COUNCIL JOURNALS
Regular Meeting - January 17, 1995
Regular Meeting - February 7, 1995
Regular Meeting - February 21, 1995
Regular Meeting - March 7, 1995
Unanimously approved.
SCHRODERS DELICATESSEN & CATERING DAY - March 21, 1995
Accepted.
Request for funding to extend sewers on Nassau Street
Motion made by Mr. Miranda, seconded by Mr. Larisa, and voted 5-0 to defer to the next meeting.
*Finance/Purchasing
By John M. Andrews, Purchasing Agent
1) Re: Recommendation for Award for Provision of Dental Coverage.
John Andrews, Purchasing Agent, answers questions from the Council on the proposal. After a lengthy discussion regarding rates for active and retired employees, Mr. Larisa states that the information given to the Council is incomplete and says the Council needs a detailed explanation why the recommendation is being made for Delta Dental and asks that the report be given at the next Council meeting.
Motion is made by Mr. Lynch, seconded by Mr. Larisa, to defer the matter to the next Council meeting. Motion passes unanimously on a roll-call vote.
2) Re: Request for Prequalification Approval - Reappraisal and Revaluation of Real and Personal Property.
Albert Ereio, Assessor, answers questions from the Council. After discussion, motion is made by Mr. Larisa, seconded by Mr. Lynch, to approve the request for prequalification approval for the submission of bids for the revaluation process.
Motion passes unanimously on a roll-call vote.
City Clerk
By Valerie A. Perry, City Clerk
Re: Requesting Changes to the Council Rules of Procedure
The City Clerk states that the only change being proposed is to put licenses first on the docket. Motion to approve is made by Mr. Larisa, seconded by Mr. Lynch, and unanimously approved on a roll-call vote.
*Planning Department
By Jeanne Boyle, Planning Director
1) Re: Memo dated 3/14/95 from Jeanne M. Boyle to City Council seeking Council approval to submit Shoreline Access Grant to RIDEM.
Jeanne Boyle, Planning Director, answers questions from the Council. Motion to approve is made by Mr. Larisa, seconded by Mr. Lynch, and unanimously passed on a roll-call vote.
2) Re: 1995-96 Community Development Block Grant Program: Planning Process Applications Received For Funding.
Motion to accept report is made by Mr. Sullivan, seconded by Mr. Larisa, and voted 5-0.
Mr. Conley speaks on the Parents as Teachers and HIPPY Affiliates request for funding. Mr. Conley says he received information that the program is a non-profit business corporation and that the Council can allocate funds to it outside of the School Department budget.
The Claims Committee report is unanimously accepted.
(For complete report, see Council file)
(By Councilman Robert D. Sullivan and Councilman Gerald R. Lynch)
National Leagues Of Cities and Towns
Councilmen Sullivan and Lynch report on the National League of Cities and Towns
Conference, held last week in Washington, D.C.
*RESOLUTION REQUESTING LEGISLATION TO AMEND RHODE ISLAND
GENERAL LAW 37-13-7
RESOLVE NO. 12 (Requested by John M. Andrews, Purchasing Agent)
John Andrews, Purchasing Agent, addresses the Council regarding this Resolution.
The above-entitled Resolution is introduced, and on motion of Mr. Larisa, seconded by Mr. Miranda, it is voted on a roll-call vote to adopt the Resolution.
Roll-call vote as follows:
Mr. Larisa Aye
Mr. Lynch Absent for the vote
Mr. Miranda Aye
Mr. Sullivan Aye
Mayor Grant Nay
Motion passes 3-1. Mr. Lynch is noted absent for the vote.
*RESOLUTION AUTHORIZING PARTICIPATION IN THE SOUTHERN NEW ENGLAND FIRE EMERGENCY ASSISTANCE PLAN
(Requested by Gerald A. Bessette, Fire Chief)
RESOLVE NO. 13
Chief Gerald Bessette, Fire Chief, addresses the Council regarding this ordinance.
The above-entitled Resolution is introduced, and on motion of Mr. Larisa, seconded by Mr. Sullivan, it is voted on a roll-call vote to adopt the Resolution.
Roll-call vote as follows:
Mr. Larisa Aye
Mr. Lynch Absent for the vote
Mr. Miranda Aye
Mr. Sullivan Aye
Mayor Grant Aye
Motion passes 4-0. Mr. Lynch is noted absent for the vote.
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
Subsecs. (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 loading zones.
Sec. 18-333 City Traffic Engineer to designate public carrier stops and stands
(Requested by Law Department)
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 April 4, 1995, for a public hearing and consideration of final passage.
2. AN ORDINANCE IN AMENDMENT OF CHAPTER 19 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "ZONING"., which amends the following:
Subsec. (c) of Sec. 19-135. entitled Use of required yards
Sec. 19-191. Curb Cuts
Subsec. (b) of Sec. 19-283. Plans, construction and maintenance of off-street parking areas
Subsec. (a) (16), (a) (30) and Subsection (b) of Sec. 19-284. Off-Street parking spaces required
Subsec. (a) of Sec. 19-290. Same--Plans, construction and maintenance of off-street loading areas.
Sec. 19-454. Subsec. (c) (6) a. Second sentence; Development and landscaping design standards
Sec. 19-454. Subsec. (c) (6) c. Development and landscaping design standards
Sec. 19-459. Subsec. (b) (3) Supporting documentation
(Requested by Law Dept)
The above-entitled ordinance is introduced and, on motion of Miranda, seconded by Mr. Lynch, and on a unanimous roll-call vote with all Council members present and voting, is given first passage and referred to the Planning Board .
(By Mayor Rolland R. Grant)
Coastal Resources Management Commission
Edward M. Wood 112 Howland Avenue 02914 (R)
Edward M. Wood, reappointed to the above Commission by Mayor Rolland R. Grant on a unanimous vote on motion of Mr. Lynch, seconded by Mr. Larisa.
(By Mayor Rolland R. Grant)
Affirmative Action
Denise Morris 88 Elder Avenue 02914 (R)
Denise Morris, reappointed to the above Board by Mayor Rolland R. Grant, on a unanimous vote on motion of Mr. Lynch, seconded by Mr. Larisa.
(By Councilman Norman J. Miranda)
Coastal Resources Management Commission
Mark J. Lewis 245 Fifth Street 02914 (R)
Mark J. Lewis, reappointed to the above Commission on a unanimous vote on motion of Mr. Miranda, seconded by Mr. Sullivan.
(By Councilman Joseph S. Larisa, Jr.)
Coastal Resources Management Commission)
Daniel Stafford 251 Burnside Avenue 02915 (R)
Lola M. Brito 6 Fairbanks Avenue 02914
Daniel Stafford is reappointed and Lola M. Brito is unanimously appointed to the above Commission on motion of Mr. Miranda, seconded by Mr. Lynch.
(By Councilman Gerald R. Lynch)
Coastal Resources Management Commission)
John Knight 15 Rosemere Drive 02914
John Knight is unanimously appointed to the above Commission on motion of Mr. Miranda, seconded by Mr. Sullivan.
Meeting adjourned 10:58 P.M.
Attest:
Valerie A. Perry
City Clerk
Approved:__________________________________