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, September 5, 1995 and is called to order at 8:08 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
(Darlene LaPlante, Woods Reporting, 20 Fifth Street, Providence, Rhode Island, is present to record the proceedings of the public hearings)
TO APPROVE THE CONSENT CALENDAR
On motion of Mr. Sullivan, seconded by Mr. Larisa, and on a unanimous roll-call vote with all Council members present and voting, it is voted to approve the Consent Calendar.
Coastal Resources Management Council - CEASE AND DESIST ORDER
By Charles Brown
Violation No. 1392-95
In violation by undertaking excavation and earthwork within 200 feet of a coastal feature at property located at Map 811, Block 7, Parcel 3, 1270 Wampanoag Trail.
(Arthur J. Plouff, Jr.)
Town of Glocester - Resolution
Requesting endorsement of Resolution relating to State aid and property taxes.
(Barbara E. Robertson, Town Clerk)
Frederick Talbot
Re: Resignation from Planning Board, effective August 10, 1995.
All CC items received as information.
SECONDHAND/AUTO
Applicant - Ruggiero Motor Car Co.
dba - East Providence Mitsubishi
Location - 803 Taunton Avenue
Approved - Chief of Police, Zoning Officer
Subject to approvals from: Building Inspector
Joseph Ruggiero, 1 Nyatt Point, Barrington, Rhode Island is present and sworn.
On motion of Mr. Sullivan, seconded by Mr. Miranda, and on a unanimous roll-call vote with all Council members present and voting, said license is granted.
Secondhand/Books - Transfer
From - Rudy Germani, Inc.
dba - Emerald City Comics
To - Zekayi Kucukkaya
dba - The New Emerald City Comics
Location - 111 Waterman Avenue
Zak Kucukkaya, 100 Mt. Pleasant Avenue, Cumberland, Rhode Island is present and sworn.
On motion of Mr. Sullivan, seconded by Mr. Miranda, it is unanimously voted to grant the license, subject to approvals from Chief of Police and Building Inspector.
Alcoholic Beverage - Class F-1 - 19 hours beginning at 6:00 A.M. on September 16,
1995
Applicant - Carousel Park Commission
Location - Looff Carousel, Bullocks Point Avenue
Approved: Chief of Police
Henry Caparco, 4 Allerton Avenue, Carousel Chairperson, is present and sworn.
On motion of Mr. Sullivan, seconded by Mr. Miranda, it is unanimously voted to grant the license.
Alcoholic Beverage - Class F - 19 hours beginning at 6:00 A.M. on September 15 & 17, 1995
Applicant - Carousel Park Commission
Location - Looff Carousel, Bullocks Point Avenue
Approved: Chief of Police
On motion of Mr. Sullivan, seconded by Mr. Miranda, and on a unanimous vote, it is voted to grant the license.
Alcoholic Beverage - Class F - 19 hours beginning at 6:00 A.M. on September 22,
1995
Applicant - Kathy Santos
Location - St Brendan's Church Hall
(Fund raiser for Louis N. Cangiano, Jr.)
Approved: Chief of Police
Kathy Santos, 4 Thurston Street is present and sworn.
On motion of Mr. Sullivan, seconded by Mr. Miranda, it is unanimously voted to grant the above license.
Gatherer
Applicant - William Hanson, 75 Lincoln Avenue
Approved: Chief of Police
Mr. Conley says there are (2) Gatherer Licenses on the docket - gives Council information on the licenses. He says two City ordinances prohibit removing rubbish or recyclable and another ordinance regards gatherers' licenses. He says the Council has the right to adopt a policy to either continue the gatherers' licenses or to prohibit them.
The Council engages in discussion on the issue. Mr. Larisa requests a memo from the Recycling Coordinator before the December 1st license expiration date. Mr. Sullivan says he will vote against the license because of the hours that gatherers collect trash and because City ordinances prohibit removing trash or recyclable.
After further discussion, it is decided to let the applicants be heard.
William Hanson, 75 Lincoln Avenue, is present and sworn.
After answering questions from the Council, motion is made by Mr. Larisa, seconded by Mr. Lynch, to approve the license. Motion passes 4-1, with Mr. Sullivan voting against.
Gatherer
Applicant - Chester Mott, 28 Grant Avenue
Approved: Chief of Police
Applicant not present. Motion is made by Mr. Lynch, seconded by Mr. Miranda, and voted 5-0 to defer.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
ORDINANCE - Final Passage (Given first passage August 22, 1995)
Advertised - Providence Journal - August 25, 1995
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 18-307 entitled "Parking prohibited at all times.", adding thereto the following:
Bishop Avenue (north side), from Ferris Avenue westerly to Tryon Avenue on school days during the hours of 7:30 A.M. to 3:00 P.M.
CHAPTER NO. 372
(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.
Mr. Conley states that this ordinance had to be amended after receiving First Passage. The Amended ordinance will be given First Passage tonight. Motion to approve First Passage is made by Mr. Lynch, seconded by Mr. Larisa, and unanimously voted on a roll-call vote with all Council members present and voting.
+ ADDENDUM:
2) (Given First Passage August 22, 1995)
Advertised - Providence Journal - August 11, 17 & 21, 1995
AN ORDINANCE TO AMEND CHAPTER 19 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, BY CHANGING MAP 402, BLOCK 4, PARCELS 2, 3 AND 4 FROM C-1 OFFICE BUSINESS DISTRICT TO A C-2 NEIGHBORHOOD BUSINESS DISTRICT, AND MAP 402, BLOCK 12, PARCEL 15 FROM R-3 ONE AND TWO FAMILY DISTRICT TO C-2 NEIGHBORHOOD BUSINESS DISTRICT.
CHAPTER NO. 371
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. Larisa, and on a unanimous roll-call vote with all Council members present and voting, said ordinance is adopted.
Presentation of the Budget to the City Council
Mr. Lemont presents the budget to the Council. He says the budget reflects a 4.9% tax increase, which equates to $1.70.
Motion is made by Mr. Miranda, seconded by Mr. Larisa, to schedule a Budget Workshop for Tuesday, September 12, 1995 at 8:00 P.M. Motion passes 5-0 on a roll-call vote with all Council members present and voting. It is requested that the Department Heads be present.
Mr. Conley, says the budget passage procedure is different from other ordinances.
He says the presentation of the budget is considered First Passage of the budget ordinance. When the public meeting is held, the budget ordinance will be considered for Final Passage.
Discussion is held on the School Department Budget and the requested allocation for a new roof for the high school.
Mr. Lemont says he was asked if it would have been better to have raised taxes in small amounts over the last few years, and his answer to that is "No."
Mr. Lynch says he totally disagrees that any tax increase over the last few years would have been detrimental, and says he wants that to be put in the record.
Motion is made by Mr. Larisa, seconded by Mr. Sullivan, to hold the public hearing on the budget at the next regular Council meeting, scheduled for September 19, 1995.
It is noted that the applicant for the Gatherer's license, Chester Mott, is now present. Motion is made by Mr. Larisa, seconded by Mr. Lynch, to change the order of business to go back to the licenses. Motion passes 5-0.
Chester Mott, 28 Grant Avenue, is present and sworn.
After answering questions from the Council about where he will store the material, motion to approve the license is made by Mr. Larisa, seconded by Mr. Lynch, and voted 5-0.
The meeting recesses at 9:30 P.M. and reconvenes at 9:40 P.M. with all Council members present.
Motion is made by Mr. Miranda, seconded by Mr. Sullivan, and voted 5-0 to return to the regular order of business.
Mayor Grant says that the Council did not accept the City Manager's budget. Motion is made by Mr. Sullivan, seconded by Mr. Lynch, to accept the budget presented by the City Manager. Motion passes unanimously on a roll-call vote with all Council members present and voting.
The report from the Claims Committee is unanimously received as information on motion of Mr. Miranda, seconded by Mr. Sullivan.
(By Mayor Rolland R. Grant)
Bullocks Point Avenue (Near Stonegate Complex)
Mayor Grant says he met with some tenants regarding the fatal accident in the area, has been in touch with Director Bundy of DOT who has made it a priority to investigate the reduction of speed with proper signage. He says the Police Department has set up radar on several occasions which has reduced the speed but total correction is needed. He says the Management and tenant's have been asked to use the second driveway rather than the first.
Mayor Grant speaks on the cement blocks and says they would be ideal for a port facility or container area. He says DOT Director Bundy said the City cannot have them or remove them.
Mayor Grant mentions a compliment given from a Brookfield Road resident regarding City workers who cleaned the stream in the area.
Mayor Grant says that the Dover Avenue pipe is being corrected.
Mayor Grant reports that a rodent problem at Sabins Point Park has been brought
under control.
(By Councilman Robert D. Sullivan)
Narragansett Bay Commission
Mr. Sullivan defers the subject of Narragansett Bay Commission to the budget workshop.
Mr. Sullivan receives Council Consent to discuss American Youth Soccer. He says a meeting with representatives from the group was very productive. He says an agreement was reached whereby the City will assess what needs to be done to the Grassy Plain Playground for soccer use.
Mr. Sullivan receives Unanimous Consent to make an appointment.
School Crossing Guard - Clifford Carr, 756 Willett Avenue, 02915, is appointed on a motion by Mr. Lynch, seconded by Mr. Miranda, and so voted 5-0.
Mr. Miranda receives Unanimous Consent to make an appointment.
Harbor Management Commission - Lee Hastings, 157 Schuyler Street, is reappointed to the Harbor Management Commission, for a term to expire September 21, 1997 on a motion by Mr. Lynch, seconded by Mr. Miranda and voted 5-0.
Mr. Lynch receives Unanimous Consent to discuss the high school roof. Mr. Lynch says there is some money set aside for an emergency fund, and if the School Department is sincere about fixing that roof, they will allow the City to send an engineering firm in there to get real cost figures. He says that if the roof is about to collapse, it should have been on the docket for the last twelve months. Mr. Lynch asks Mr. Lemont for his comments.
Mr. Lemont says that the roof can be repaired and a responsible firm can repair it.
After further discussion, motion is made by Mr. Lynch, seconded by Mr. Larisa, and voted 5-0 to direct the City Manager to contact the Superintendent tomorrow morning and get a commitment to allow us to send in an architectural firm to get costs and send our City inspector and the State inspector if necessary to check the safety of the roof. Motion passes 5-0.
(If given first passage, the following ordinances can be referred to the next Council meeting, September 19, 1995, for public hearing and consideration of final passage)
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 I. Section 18-269 entitled "Stop and yield intersections designated; when stops required.", adding thereto the following:
Purchase Street (northbound and southbound traffic) at its intersection with Orchard Street.
(Requested by Councilman Norman J. Miranda)
The above-entitled ordinance, is introduced and, on motion of Mr. Miranda, 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 September 19, 1995 for a public hearing and consideration of final passage.
2) 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.", deleting therefrom:
Section I. Sec 8-423. entitled "Wrecker charges as regulated by the Public Utilities Commission."
Section II. Subsec (b) of Sec 8-424 entitled "Procedure for licensing."
Section III. Sec 8-425. entitled "Qualification for listing."
Adding thereto the following:
Section IV. Sec 8-429. Regulations for wrecker and towing services.
(Re: Towing Charges)
(Requested by City Council)
The above-entitled ordinance, is introduced and, on motion of Mr. Miranda, 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 September 19, 1995 for a public hearing and consideration of final passage.
Motion is made by Mr. Sullivan, seconded by Mr. Miranda, to approve the Regulations attached to the Towing Ordinance. Motion passes unanimously on a roll-call vote.
3) AN ORDINANCE IN AMENDMENT OF CHAPTER 11 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED,ENTITLED, "PERSONNEL,
PENSIONS AND RETIREMENT.", which amends Section I. Sec 11-1 entitled "Definitions.", is amended by changing the definition of the following words; "terms and phrases."
(Re: Temporary Employees)
(Requested by Mayor Rolland R. Grant)
The above-entitled ordinance is introduced, discussion follows.
Mr. Conley speaks on the Ordinance. He says that City Charter Section 2-12 says the Council cannot interfere with the appointments of the City Manager, regardless of whether they are classified or not, and the section would apply to this ordinance or any employees covered by this ordinance. He says that there is also a question of the addition of language, "all other things being equal," and he indicated to Mr. Larisa his concern about the inclusion of the language.
Mr. Sullivan speaks in favor of the ordinance and makes a motion, seconded by Mr. Miranda, to approve the ordinance for First Passage.
Mr. Lynch says he is going to vote against this ordinance because the ordinance is not necessary. He says if the City Manager does not pay attention to the policy of hiring residents as temporary employees, then the City Council can fire him.
Mr. Larisa says that at the last Council meeting, the Council passed his proposal with the language regarding all things being equal, and that language is not in the ordinance before the Council tonight. He says before the Council votes on the ordinance without that language, the Council should properly vote on the ordinance which contains that language.
Mr. Conley clarifies. He says if an ordinance was passed with that language, it should have appeared in that form for a public hearing. Mr. Larisa request that the language be added and have a vote on first passage.
After further discussion, a roll-call vote is taken on the ordinance.
Mr. Larisa Aye
Mr. Lynch Nay
Mr. Miranda Aye
Mr. Sullivan Aye
Mayor Grant Aye
Motion passes 4-1 with Mr. Lynch voting against.
Harbor Management Commission
R Richard Robitaille 38 Mountain Avenue 02915 (G)
On motion of Mr. Miranda, seconded by Mr. Sullivan, it is unanimously voted to reappoint Richard Robitaille to the above Commission, for a term expiring September 21, 1997.
R Captain E. Howard McVay, Jr. 273 Terrace Avenue 02915 (S)
On motion of Mr. Sullivan, seconded by Mr. Larisa, it is unanimously voted to reappoint E. Howard McVay, Jr. to the above Commission, for a term expiring September 21, 1997.
Planning Board
Clark Richardson 73 Cushman Avenue 02914 (Mayor)
No motion on appointment. Appointment is denied.
Kevin Croke, 85 Hazelwood Avenue
Re: Requesting to address the Council on a variety of issues.
At the request of Mr. Croke, the matter is deferred.
Meeting adjourned at 10:40 P.M.
Attest:
Valerie A Perry
City Clerk
Approved:___________________________