September 19, 1995 - Journal of the Regular Council Meeting 

 

CITY OF EAST PROVIDENCE

RHODE ISLAND

JOURNAL OF REGULAR COUNCIL MEETING

TUESDAY, SEPTEMBER 19, 1995

8:00 P.M.

 

 

The City Council meets in the Council Chamber on Tuesday, September 19, 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                )

                       Robert D. Sullivan                 )

 

                       Paul E. Lemont                    )  City Manager

                       William J. Conley, Jr.           )  City Solicitor

                       Valerie A. Perry                   )  City Clerk

 

(Tracy Simoneau, Woods Reporting, 20 Fifth Street, Providence, Rhode Island is present to record the proceedings of the public hearings)

 

Invocation is given by Councilman Gerald R. Lynch.

 

Salute to the Flag is led by Councilman Norman J. Miranda.

  

TO APPROVE THE CONSENT CALENDAR

On motion of Mr. Miranda, seconded by Mr. Larisa, and on a unanimous roll-call vote with all Councilmen present and voting, it is voted to approve the Consent Calendar.

 

CONSENT CALENDAR

 

APPROVAL OF COUNCIL JOURNALS

 

Regular Meeting - August 22, 1995

 

Coastal Resources Management Council

File No. 95-9-1 - FINDING OF NO SIGNIFICANT IMPACT

Requesting to connect to municipal sewer line and add stone to rusting driveway located at 1270 Wampanoag Trail, Plat 811, Lot 7.  (Arthur Plouff)

 

Coastal Resources Management Council

File No. 95-7-366 (CRMC Maintenance Certf. No.)

Requesting to repair activities of various deteriorated bridge components as described and as per the approved plans, located at Interstate 195 Washington Bridge North Bridge No. 700) Providence/East Providence, R.I.   (RIDOT)

 

CITY COUNCIL SITTING AS LICENSING COMMISSIONERS

 

 

LICENSES REQUIRING PUBLIC HEARING

Advertised - East Providence Post - August 31, 1995

 

ALCOHOLIC BEVERAGE LICENSE - Class B-Full Privilege

(Victualer) Transfer

From                - Ronald Doire

dba                  - Ronnie's Down Under

To                    - The R & R Underground, Inc.

dba                  - Ronnie's Down Under

Approval: Chief of Police

Subject to approvals from:  Building Inspector, Health Inspector

 

Ronald Doire, 22 Tarklin Avenue, North Providence, Rhode Island is present and sworn.

 

Motion to approve is made by Mr. Miranda, seconded by Mr. Larisa, and unanimously voted on a roll-call vote, subject to all approvals.

  

LICENSES NOT REQUIRING PUBLIC HEARING

 

Victualling/Over 50 - Transfer

From                - Ronald Doire

dba                  - Ronnie's Down Under

To                    - The R & R Underground, Inc.

dba                  - Ronnie's Down Under

Location           - 305 Lyon Avenue

Approval: Chief of Police

Subject to approvals from: Building Inspector, Health Inspector

 

Motion to approve made by Mr. Miranda, seconded by Mr. Larisa and voted 5-0, subject to all approvals.

 

Dance/Entertainment - Transfer

From                - Ronald Doire

dba                  - Ronnie's Down Under

To                    - The R & R Underground, Inc.

dba                  - Ronnie's Down Under  

Location           - 305 Lyon Avenue

Approved: Chief of Police

Subject to approval from Building Inspector

 

Motion to approve is made by Mr. Miranda, seconded by Mr. Larisa, and voted 5-0, subject to all approvals.

 

Pool Table/Sunday's Included - Transfer

From              - Ronald Doire

dba                - Ronnie's Down Under

To                  - The R & R Underground, Inc.

dba                - Ronnie's Down Under

Location         - 305 Lyon Avenue

Approved: Chief of Police

Subject to approval from: Building Inspector

 

Motion to approve is made by Mr. Miranda, seconded by Mr. Larisa, and voted 5-0,

subject to all approvals.

 

Carnival

Applicant              -  Riverside Pride Days

                            -  Almacs Plaza Merchants

Location:              - 1050 Willett Avenue

Approved: Chief of PoliceSubject to approvals from: Building Inspector, Fire Marshal, Electrical Inspector

Carol Ann Robbin, 22 Maple Avenue is present and sworn.

Motion to approve is made by Mr. Lynch, seconded by Mr. Larisa and voted 5-0, subject to all approvals.

 

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL

PUBLIC HEARINGS

 

BUDGET

1995 - 1996 Budget for the City of East Providence: Public Hearing

Motion made by Mr. Larisa, seconded by Mr. Sullivan to hear the School Department budget presentation first.  Motion passes 5-0.

 

Dr. Patricia Daniel Superintendent of Schools, makes the presentation for the School Department budget.  She says the School Department's budget reflects a $3,360,723 increase over last year's request, which includes the 1994-1995 shortfall.

 

In response to a question from Mr. Larisa as to why all the School Committee members are not present, Dr. Daniel states that she never received official notification of tonight's hearing and some School Committee members are not present because there was no notice.

 

The meeting recesses at 9:30 P.M. and reconvenes at 9:40 P.M. with all Council members present.

 

Mayor Grant opens the hearing for public comments.  The following persons are sworn in by Mr. Conley and speak on the proposed budget.

 

Kelly Watts, 55 Floyd Avenue

Jessica Macedo, 17 Ferncrest Drive

Ben Macedo, 109 Ruth Avenue

 

Mr. Lynch states for the record that he hopes that all three previous speakers have gone before the School Committee because the City Council has no say how the School Committee allocates its funds.  He says the School Committee has ignored the high school roof for years.

 

Harold L. Gerstein, 12 Rhodes Avenue

Richard Lund, 75 Bluff Street, member of the Finance Sub-Committee for the School Department.

David Kelleher, 36 Riverside Drive, Principal of Silver Spring School.

Kathy Santos, 4 Thurston Street speaks on the high school roof and says a maintenance program needs to be done.

Walter Langlois, Mauran Avenue, addresses the Council  regarding dues and legal fees.

Paul Slade, 122 Lyon Avenue, speaks against the School Department budget.

Regina Girouard, 9 Nimitz Road, questions the increase in salaries and is told by Mr. Lemont that the increase is due to the 27th pay period together with a contractual 3% increase.

Lisa Procter, 1836 Pawtucket Avenue, addresses the Council regarding sewers in her area.  Mayor Grant rules Ms. Procter out of order and says the matter will be looked into.

Armando Medeiros, 118 Bluff Street, asks questions about overtime wages, the budget surplus, capital improvements and revaluation.

 

The meeting recesses at 11:35 P.M. and reconvenes at 11:45 P.M. with all Council members present.

 

Wilfrid L. Gates, Jr., Chairman of the East Providence Library Board of Trustees, addresses the Council and asks the Council to support the City Manager's budget.

 

Mr. Larisa urges Mr. Gates to get the Trustees to look at using volunteers to run the libraries and says he is concerned with the overtime at Weaver Library.

 

After further discussion, Mr. Lemont outlines reductions in the budget which will result in a decrease of $170,000.  He proposes that the School Department also be reduced by $170,000, making the total reduction $340,000, and making the proposed tax rate increase $1.15 instead of $1.70.

 

After further discussion, motion is made by Mr. Larisa, seconded by Mr. Lynch, to accept the budget as presented by the City Manager with the recommended cuts and revenue enhancements.

 

Mayor Grant says that he cannot vote for a tax increase with revaluation coming.

 

Roll-call vote is taken on the motion:

 

Mr. Larisa                    Aye

Mr. Lynch                    Aye

Mr. Miranda                Aye

Mr. Sullivan                 Aye

Mr. Grant                    Nay

 

Motion Passes 4-1.

 

ORDINANCES - Final Passage

NOTE:  BUDGET

Advertised - Providence Journal - September 12, 1995

 

1)          AN ORDINANCE APPROPRIATING $80,381,433 FOR THE SUPPORT OF THE CITY GOVERNMENT FOR THE FISCAL YEAR ENDING OCTOBER 31, 1996.

 

CHAPTER NO. 373

 

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. Lynch, and on a roll-call vote with all Council members present and voting, said ordinance is adopted on a 4-1 vote with Mayor Grant voting Nay.

 

(Given first passage September 5, 1995)

Advertised - Providence Journal - August 28, 1995 - September 8, 1995

 

2)          AN ORDINANCE IN AMENDMENT OF CHAPTER 11 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, ENTITLED "PERSONNEL, PENSIONS AND RETIREMENT.", which amends Sec. 11-I.entitled "Definitions." changing the definition of the following words, terms and phrases."

 

(Requested by Mayor Rolland R. Grant)

CHAPTER NO. 366

 

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. Sullivan, seconded by Mr. Miranda and on a roll-call vote with all Council members present and voting, said ordinance is adopted on a 4-1 vote with Mr. Lynch voting Nay.

 

3)          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 REGULATION.", which amends Sec I. by deleting therefrom Sec 8-423. entitled "Wrecker charges as regulated by the Public Utilities Commission."  Sec II. Subsec (b) of Sec 8-424. entitled "Procedure for licensing."  Sec III. Amended, by adding thereto the following: Sec 8-425. "Qualification for listing, Sec 8-429.  Regulations for wrecker and towing services.

 

(Requested by City Council)

CHAPTER NO. 368

 

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. Sullivan, and on a unanimous roll-call vote with all Council members present and voting, said ordinance is adopted.

 

4)          AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "MOTOR VEHICLE 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 northwesterly for a distance of 220 feet on school days during the hours of 7:30 A.M. to 3:00 P.M.

 

(Requested by Director of Public Works)

CHAPTER NO. 372

 

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 unanimous roll-call vote with all Council members present and voting, said ordinance is adopted.

 

5)          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)

CHAPTER NO. 370

 

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. Sullivan, seconded by Mr. Miranda, and on a unanimous roll-call vote with all Council members present and voting, said ordinance is adopted.

 

REPORTS OF CITY OFFICIALS

 

City Clerk

Renewal of Alcoholic Beverage Licenses

Requesting authorization be granted to advertise renewal

Applications for subject licenses for a public hearing at the first Council meeting in November. (November 7, 1995)

 

Unanimously approved on motion of Mr. Miranda, seconded by Mr. Sullivan .

 

Renewal of Annual Licenses

Requesting authorization be granted to renew subject licenses, excluding alcoholic beverage licenses, for year commencing December 1, 1995, upon application by licensee and approval by Police Chief and, as required, by Health Inspector and other City officials; and requesting also to be advised of any licenses to be deferred or withheld from the renewal process.

 

On motion of Mr. Lynch, seconded by Mr. Larisa, it is unanimously voted to defer the renewal of the Annual Licenses.

 

Finance/Purchasing

 

* 1)   By John M. Andrews, Purchasing Agent

Pre-Qualification approval is requested for General Contractors to bid on a"Road Resurfacing" project (Community Development). 

 

On motion of Mr. Lynch, seconded by Mr. Larisa, it is unanimously voted to defer this matter.

 

 2)          Approval is requested to award a contract for "Improvements to the City's Wastewater Treatment Facility.

 

On motion of Mr. Larisa, seconded by Mr. Lynch, it is unanimously voted to defer this matter.

 

Law Department

By William J. Conley, Jr.

Claims procedure for sewer backups.

Unanimously voted to defer on motion of Mr. Larisa, seconded by Mr. Lynch.

 

CLAIMS COMMITTEE

No report.

 

INTRODUCTION OF ORDINANCES

NOTE:  BUDGET

 

(If given first passage can be referred to the next regular Council meeting to be held on October 3, 1995, for a public hearing and consideration of final passage)

 

 

1)          AN ORDINANCE ORDERING THE ASSESSMENT AND COLLECTION OF PROPERTY TAX ON THE RATABLE REAL ESTATE, TANGIBLE PERSONAL PROPERTY AND AN EXCISE TAX ON REGISTERED MOTOR VEHICLES AND TRAILERS.

 

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 regular Council meeting to be held on October 3, 1995, for a public hearing and consideration of Final Passage.

 

2)          AN ORDINANCE AUTHORIZING THE DIRECTOR OF FINANCE TO BORROW FUNDS IN ANTICIPATION OF TAXES.

 

The above-entitled ordinance is introduced and, on motion of Mr. Sullivan, seconded by Mr. Lynch, and on a roll-call vote with all Council members present and voting, is given First Passage and referred to the regular Council meeting to be held on October 3, 1995, for a public hearing and consideration of Final Passage.

 

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. Section 11-111 entitled "Adoption"

(Pay Plans)

 

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 regular Council meeting to be held, October 3, 1995, for a public hearing and consideration of Final Passage.

 

4)          AN ORDINANCE IN AMENDMENT OF CHAPTER 2 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, A AMENDED, ENTITLED "ADMINISTRATION.", which amends Section I. Section 2-166. entitled "Created; composition; appointment of members generally; qualifications and compensation of members.", of Division 7. entitled "Planning Board." (a) (b)   Section II. Section 2-168. entitled "Appointment of first members; term of office; vacancies; removal from office." of Division 7. entitled "Planning Board"

 

(Requested by Councilman Joseph S. Larisa, Jr. and Councilman Gerald R. Lynch)

 

The above-entitled ordinance is introduced and unanimously voted to defer on a roll-call vote, on motion of Mr. Larisa, seconded by Mr. Lynch.

 

5)          AN ORDINANCE IN AMENDMENT OF CHAPTER 4 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987 AS AMENDED, ENTITLED "BUILDING AND BUILDING REGULATIONS.",  which amends Section I. Section 4-333. entitled "Noxious weeds and overgrown yards.",  Section 4-33. Noxious weeds, overgrown yards and natural debris. (a) (b) (c) (d)

 

(Requested by Councilman Norman J. Miranda)

 

The above-entitled ordinance is introduced and on motion of Mr. Sullivan, 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 regular Council meeting to be held on October 3, 1995, for a public hearing and consideration of Final Passage.

 

6)          AN ORDINANCE IN AMENDMENT OF CHAPTER 14 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS.",  which amends Section I. Section 14-44. entitled "Duty of owner or occupant to cut grass."

 

(Requested by Councilman Norman J. Miranda)

 

The above-entitled ordinance is introduced, and on motion of Mr. Sullivan, 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 regular Council meeting to be held on October 3, 1995 for a public hearing and consideration of Final Passage.

 

 

7)          AN ORDINANCE IN AMENDMENT OF CHAPTER 7 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "HEALTH AND SANITATION." which amends Section I. Section 7-2. entitled "Poison ivy, Jimson weed, etc."

 

(Requested by Councilman Norman J. Miranda)

 

The above-entitled ordinance is introduced, and on motion of Mr. Sullivan, 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 regular Council meeting to be held on October 3, 1995 for a public hearing and consideration of Final Passage.

 

APPOINTMENTS

 

Sister City Ribeira Grande Committee

John Pacheco, Chairman - 21 Pickett Road  02914 (G)

  

On motion of Mr. Sullivan, seconded by Mr. Larisa, it is voted unanimously to appoint John Pacheco to the above Committee.

 

Planning Board

Bruce R. Ditraglia - 120 Smith Street  02915     (G)

 

Voted to the above Board on a roll-call vote.

 

Roll-call vote as follows:

Mr. Larisa                    Nay

Mr. Lynch                    Abstain

Mr. Miranda                 Aye

Mr. Sullivan                  Aye

Mayor Grant                Aye

Motion passes 3-1 with 1 abstention.

 

Meeting adjourns at 12:55 P.M.

 

Attest:

 

  

Valerie A. Perry

City Clerk

 

Approved:_____________________

 

 

 

 

September 19, 1995 - Journal of the Regular Council Meeting
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