CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
TUESDAY,
The City Council meets in the Council Chamber on Tuesday, April 2, 1996, and is called to order at 8:00 P.M. by Mayor Rolland R. Grant.
Present: Rolland R. Grant ) Mayor
Joseph S. Larisa, Jr. ) Council Members
Gerald R. Lynch )
Norman J. Miranda )
Paul E. Lemont ) City Manager
William J. Conley, Jr. ) City Solicitor
Valerie A. Perry ) City Clerk
Absent: Robert D. Sullivan ) Council Member
(Claudia Merandi, Merandi Reporting, 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 Norman J. Miranda.
TO APPROVE THE CONSENT CALENDAR
Motion made by Mr. Larisa, seconded by Mr. Miranda, to keep the minutes of the March 5 and March 19, 1996, Closed Sessions regarding Acquisition of Real Property closed. Motion passes 4-0 on a roll-call vote with Mr. Sullivan noted absent.
Motion to approve the Consent Calendar as amended is made by Mr. Larisa, seconded by Mr. Miranda and voted 4-0 on a roll-call vote with Mr. Sullivan noted absent.
APPROVAL OF COUNCIL JOURNALS
Closed Session - Acquisition of Real Property - March 5, 1996
Closed Session - Acquisition of Real Property - March 19, 1996
Regular Meeting - March 19, 1996
Coastal Resources Management Council/FINDING OF NO SIGNIFICANT IMPACT File No. A96-3-11
Requesting to construct a 6'x30'timber deck with stairway, construct a shed under deck--located at Map 513, Block 36, Parcel 8; 48 Beach Point Road. (Normand Baril, Jr.)
File No. 96-3-35 - FINDING OF NO SIGNIFICANT IMPACT
Requesting to raise existing flat roof to align with existing patched roof and install replacement window and clean up debris on beach and bank at 5 Harding Avenue, Plat 313. (Jose Sousa)
Cancellations/Abatements
City Assessor requesting cancellation of taxes as follows:
Year Amount
1995 $ 34,106.77
1994 733.52
(Permission to advertise)
Alcoholic Beverage License – Transfer
From - Paul Rodrigues
dba - Tamar Restaurant
To - Flip-Shots Bar & Grille, Inc.
dba - Flip-Shots Bar & Grille
Location - 218 Warren Avenue
Subject to approvals from: Chief of Police, Building Inspector, Health Inspector
Alcoholic Beverage License - Class F - 19 hours beginning at 6:00 A.M. on May 11, 1996
Applicant - St Martha's Church
Location - 2595 Pawtucket Avenue
All CC items are received as information and approved on one vote.
ALCOHOLIC BEVERAGE LICENSE - Class B Full Privilege (Victualler)
Transfer of Class Only
Applicant - Carl & Arthur Quattrucci
dba - Monforte's Bar
Location - 493 Waterman Avenue
Approved: Chief of Police
Subject to approvals from: Building Inspector, Health Inspector
Carl Quatturcci, 31 Goldsmith Avenue, is present and sworn.
On motion of Mr. Lynch, seconded by Mr. Miranda, and on a roll-call vote 4-0, the above license is granted subject to all approvals. Mr. Sullivan is noted absent.
Victualling/Not over 25
Applicant - Carl & Arthur Quattrucci
dba - Monforte's Bar
Location - 493 Waterman Avenue
Approved: Chief of Police
Subject to approvals from: Building Inspector & Health Inspector
On motion of Mr. Lynch, seconded by Mr. Miranda, it is voted 4-0 to grant the above license subject to all approvals. Mr. Sullivan is noted absent.
ALCOHOLIC BEVERAGE LICENSE - Class B Limited (Victualler) – Transfer
From - Rosegarden Restaurant
To - Paiva's Restaurant Corp.
dba - O'Dinis Restaurant and Tavern
Location - 579 Warren Avenue
Approved: Chief of Police
Subject to approvals from: Building Inspector, Health Inspector
Petition Re: Transfer of Alcoholic Beverage License from Rosegarden Restaurant to Paiva's Restaurant Corporation.
Dinis Paiva, 57 Fairfield Avenue, is present and sworn.
Mr. Miranda asks Mr. Paiva if he will be seeking an entertainment license, and Mr. Paiva says he will not. He says he will not be asking for a full liquor license.
Mr. Larisa speaks of the petition by the neighbors, which asks for the same restrictions as was placed on the Rosegarden license, namely that alcoholic beverages cannot be served after 10:00 P.M. Mr. Paiva agrees to that stipulation.
The meeting is open to public discussion. Mr. Conley swears in all those wishing to speak on the license transfer.
Francisco J. Cardoso, 143 So. Spruce Street, is present and sworn. Mr. Cardoso speaks against the license and raises the issues of parking and the trash container.
Mr. Larisa says the Building Inspector will be notified about these issues.
Raymond A. Cardillo, 559 Warren Avenue, is present and sworn. Mr. Cardillo speaks about his concerns that Mr. Paiva will come back for an entertainment license and full liquor license. He says he wants the restrictions to remain the same. Mr. Conley confirms that a Class 2 Victualling license means no more than 50 people can be served at one time. Mr. Cardillo produces pictures of the dumpster. Motion is made by Mr. Miranda, seconded by Mr. Larisa, and voted 4-0 to make the pictures part of the record. Mr. Sullivan is noted absent.
Mayor Grant says the Building Inspector will be asked to report back to the Council. Mr. Lynch says we have an ordinance that prevents the dumpster problem.
Debra Cardillo, 559 Warren Avenue, is present and sworn. Mrs. Cardillo says Mr. Paiva told her he wants to stay open until 1:00 A.M. on weekends. She says Mr. Paiva agreed to put a fence up to separate her property.
Charlie Botelho, 553 Warren Avenue, is present and sworn. Mr. Botelho speaks about a City ordinance regarding angle parking.
Mr. Larisa says that it should be stated for the record that the applicant is willing to stop serving liquor at 10:00 P.M. and will not seek an entertainment or full liquor license.
Mrs. Sylvia, owner of the property at 559 Warren Avenue, is present and sworn. She says Mr. Paiva should have the property surveyed before he puts up a fence.
Mr. Cardoso asks if the neighbors have to wait a year if there are violations, and he is told that the Council can call a Show Cause Hearing at any time.
After further discussion, Mr. Miranda makes a motion, seconded by Mr. Larisa, to approve the transfer with the stipulations that no liquor will be served after 10:00 P.M., no entertainment license will be sought and no full liquor license will be sought. Motion passes 4-0 on a roll-call vote subject to all stipulations and approvals. Mr. Sullivan is noted absent.
Victualling/Not over 50 – Transfer
From - Gregory A. Rose
dba - Rosegarden Restaurant
To - Paiva's Restaurant Corp.
dba - O'Dinis Restaurant and Tavern
Location - 579 Warren Avenue
Approved: Chief of Police
Subject to approvals from: Building Inspector, Health Inspector
Above license approved subject to all approvals on a 4-0 vote on motion of Mr. Lynch, seconded by Mr. Miranda. Mr. Sullivan is noted absent.
The meeting recesses at 8:55 P.M. and reconvenes at 9:30 P.M. Mr. Sullivan is noted absent.
Secondhand/Baseball Cards – Transfer
From - Goalie's Net
To - Goalie's Net II
Location - 262 Warren Avenue
Approved: Chief of Police
Subject to approval from: Building Inspector
Applicant not present.
On motion of Mr. Larisa, seconded by Mr. Miranda, it is voted 4-0 to give one more deferral to the applicant. Mr. Sullivan is noted absent.
Victualling/Not over 50 – Transfer
From - Peter A. Stevens
dba - Coney Island System
To - Sparky's Coney Island System Corp
dba - Sparky's Coney Island System
Location - 122 Taunton Avenue
Subject to approvals from: Chief of Police, Building Inspector, Health Inspector
George A. Watt III, 5 Standish Avenue, North Providence, Rhode Island, is present and sworn.
License granted subject to all approvals on motion of Mr. Miranda, seconded by Mr. Lynch on a 4-0 vote. Mr. Sullivan is noted absent.
Additional Hours – Transfer
From - Peter A. Stevens
dba - Coney Island System
To - Sparky's Coney Island System Corp
dba - Sparky's Coney Island System
Location - 122 Taunton Avenue
Subject to approvals from: Chief of Police, Building Inspector, Health Inspector
The above license is granted on a 4-0 vote subject to all approvals on motion of Mr. Lynch, seconded by Mr. Miranda. Mr. Sullivan is noted absent.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
Revision of Regulations for Wrecker and Towing Services, Subsection 15. entitled "Complaints Against Wreckers and Towing Services."
(Requested by Mayor Rolland R. Grant and Councilman Joseph S. Larisa, Jr.)
(Continued from March 19, 1995)
Mr. Larisa highlights the following proposed changes to the towing regulations:
1) The Chief of Police may suspend a license upon notification to the City Council until the next scheduled Council meeting.
2) The City will not be held liable in case of a law suit.
3) Payment for services can be made by personal check, credit card, or other payment form.
Mr. Larisa says the Police officer must ask the person being towed how he/she is to pay and then proceed to call towers who will accept the particular method of payment.
Discussion is held about adding a sentence that the provision shall not apply when the payment of services takes place at the tow service company.
Acting Police Chief, Gary Dias, addresses the Council. He says if a car is towed from the scene to another location other than the garage, the person should have the option of payment. He says he supports the proposed procedures.
Steven J. Ladeira, 33 Russell Avenue, is present and sworn. Mr. Ladeira, a City tower, speaks against the proposals. He says he will not accept credit cards or checks.
Mr. Larisa explains the ordinance to Mr. Ladeira, and Mr. Miranda asks Mr. Ladeira if he will accept Visa or Master Card. Mr. Ladeira says he will not.
Joelle Livinstone, 14 South Prospect Street, is present and sworn. She asks about the hold harmless indemnification clause. She suggests a mediator be assigned to towers for the Police Department.
Leo Correia, 14 South Prospect Street, is present and sworn. Mr. Correia says he has a problem with accepting checks and says he wants a guarantee against bounced checks.
Mr. Larisa says the towers asked the Council for the privilege to be City towers, and with that privilege comes responsibility. Christine Correia, 14 South Prospect Street, is present and sworn. She asks the Council why they won't support the towers, who are agents of the City.
Mr. Conley responds that the towers are not agents of the City, and the indemnification is only for City towers.
After further discussion, the meeting recesses at 10:30 P.M. and reconvenes at 10:35 P.M. Mr. Sullivan is noted absent.
Michael Ciro Morgera, Bullocks Point Avenue, is present and sworn. He asks some questions on the indemnifying clause.
John Lomba is present and sworn.
Mr. Lynch speaks on behalf of the towers. He says everyone deserves a public hearing and says he understands why everyone does not take credit cards.
After further discussion, motion is made by Mr. Larisa, seconded by Mr. Miranda, to approve the towing regulations as amended.
Roll-call vote follows:
Mr. Larisa Aye
Mr. Lynch Nay
Mr. Miranda Aye
Mayor Grant Aye
Motion passes 3-1, with Mr. Sullivan noted absent.
Motion is made by Mr. Larisa, seconded by Mr. Miranda, and so voted to change the order of business, putting Communications next on the docket.
Catherine Anthony, 157 Redland Avenue
Re: Glenlyon Field - Proposed Building to include handicapped restrooms, storage space and concession at no cost to the City of East Providence.
Catherine Anthony, 157 Redland Avenue, addresses the Council seeking approval for a building on the Glenlyon Field for the Rumford Little League.
Mr. Lemont says he reviewed the matter with the Department Heads who are concerned about the continued maintenance of the building, vandalism and the concerns that everything be done properly. He says the City does not want to be the maintainer of another building.
Jeanne Boyle, Planning Director reports that the plans have to go to D.E.M. for approval, and the fields were renovated with State money.
Ms. Anthony states that much of the $20,000 cost has been donated from contractors, and the rest will be raised by the Little League.
After further discussion, motion is made by Mr. Lynch to give the Rumford Little League approval to proceed after the City Manager gives the okay. Mr. Larisa seconds the motion with the amendment that if there are any insurmountable difficulties, they be brought to the Council's attention immediately. Motion passes 4-0 on a roll-call vote. Mr. Sullivan is noted absent.
Motion is made by Mr. Larisa, seconded by Mr. Miranda, and so voted to return to the regular order of business. Mr. Sullivan is noted absent.
(Given first passage March 19, 1996)
Advertised - Providence Journal - March 22, 1996
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 Article V. entitled "Fire Lanes.", Subsec 18-106 entitled "Established.", adding thereto
the following:
Fram Service Building - "Fire Lanes 55 Pawtucket Avenue - Fram Service Building
CHAPTER NO.401
(Requested by Director of Public Works)
The above-entitled ordinance, referred to this time and place for a public hearing 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 4 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "BUILDINGS AND BUILDING REGULATIONS.", which amends Sec. I. Article I entitled "In General.", adding thereto the following:Section 4-15. Reimbursement of fees - Secs 4-9 and 4-11
Section II. Article III entitled "Minimum Property Standards."
Section 4-109. Reimbursement of fees - Sections 4-93, 4-94, 4-108, 4-408,4-414 and 4-415
CHAPTER NO. 402
(Requested by Law Department)
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 4-0, said ordinance is adopted. Mr. Sullivan is noted absent.
3)* 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. Article I entitled "In General.", adding thereto the following:
Section 4.1 Building code adopted (a) (b)
Chapter No. 403
(Requested by Law Department)
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. Miranda, and on a roll-call vote 4-0, said ordinance is adopted. Mr. Sullivan is noted absent.
On motion of Mr. Miranda, seconded by Mr. Larisa, it is voted 4-0 to approve the Claims Committee report. Mr. Sullivan is noted absent.
(By Mayor Rolland R. Grant)
Providence Country Day School
Mayor Grant asks for Executive Session at the end of the meeting.
(By Councilman Gerald R. Lynch)
Affirmative Action
(R) Richard Moore 41 Cardona Street 02914
(Term to expire - 2-1-98)
On motion of Mr. Lynch, seconded by Mr. Miranda, it is voted 4-0 to reappoint Richard Moore to the above Board. Mr. Sullivan is noted absent.
Motion is made by Mr. Larisa, seconded by Mr. Lynch, to go into Executive Session to discuss Land Acquisition. Motion passes unanimously on a roll-call vote.
The meeting recesses into Executive Session at 11:07 P.M.
APRIL 2, 1996
LAND ACQUISITION
(See separate folder)
The open meeting reconvenes at 11:42 P.M. and adjourns at 11:42 P.M.
Attest:
Valerie A. Perry, CMC
City Clerk
Approved:________________________________