CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
TUESDAY,
The City Council meets on Tuesday, June 18, 1996, in the Council Chamber, 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
Norman J. Miranda )
Robert D. Sullivan )
Paul E. Lemont ) City Manager
William J. Conley, Jr. ) City Solicitor
Valerie A. Perry ) City Clerk
Absent: Gerald R. Lynch ) Council Member
(Claudia Merandi, Merandi Reporting, is present to record the proceedings of the public hearing)
Invocation is given by Councilman Norman J. Miranda.
Salute to the Flag is led by Councilman Robert D. Sullivan.
TO APPROVE THE CONSENT CALENDAR
Motion is made by Mr. Miranda, seconded by Mr. Sullivan, and voted on a roll-call vote 4-0, to approve the Consent Calendar. Mr. Lynch is noted absent.
Sunday/Holiday Sales
Applicant - Manual Cabral
dba - EP Portuguese Market
Location - 220 Warren Avenue
Approved: Chief of Police
Subject to approvals from: Building Inspector, Health Inspector
Sunday/Holiday Sales
Applicant - Reds All Seasons News, Inc.
Location - 283 Bullocks Point Avenue
Subject to Approvals from: Chief of Police, Building Inspector
Cancellations/Abatements
City Assessor requesting cancellation of taxes as follows:
Year Amount
1996 $ 14,738.74
1995 261.23
1994 131.13
All CC items are received as information, voted and passed on one motion. Mr. Lynch is noted absent.
ALCOHOLIC BEVERAGE - Class B Limited (Victualler) Transfer
From - Uncle Tony's Pizza of Newport Avenue
To - 141 Corp.
dba - Uncle Tony's Pizza & Pasta
Location - 141 Newport Avenue
Approved: Chief of Police
Subject to approvals from: Building Inspector, Health Inspector
Steven Ricard, 3 Emerald Lane, Johnston, Rhode Island, is present and sworn. On motion of Mr. Sullivan, seconded by Mr. Miranda and on a roll-call vote 4-0, it is voted to grant the license. Mr. Lynch is noted absent.
Gatherer
Applicant - Jonathan Killian, 2 Beaumont Street, Rumford, RI 02916
Approved: Chief of Police
Subject to approval from: Building Inspector
(Deferred from June 4, 1996)
Applicant not present for the second time.
On motion of Mr. Larisa, seconded by Mr. Miranda, it is voted 4-0 to remove the license from the docket and request the applicant reapply. Mr. Lynch is noted absent.
Gatherer
Applicant - Dennis Hurley, 97 Viola Avenue, Ea Providence, RI 02915
Approved: Chief of Police
Subject to approval from: Building Inspector
Applicant not present. At the request of applicant, and on motion of Mr. Larisa, seconded by Mr. Miranda, it is voted 4-0 to defer this license to July 16, 1996. Mr. Lynch is noted absent.
Dry Cleaner
Applicant - Tharwat Jenblat
dba - East Bay Cleaners
Location - 220 Willett Avenue
Approved: Chief of Police, Zoning Officer
Subject to approval from: Building Inspector
Tharwat Jenblat, 598 Admiral Street, Providence, Rhode Island is present and sworn.
On motion of Mr. Sullivan, seconded by Mr. Larisa, and on a 4-0 vote, it is voted to approve the above license. Mr. Lynch is noted absent.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
ORDINANCES - FINAL PASSAGE (Given first passage, June 4, 1996)
Advertised - Providence Journal - June 7, 1996
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:
1. Article X entitled "Stopping, Standing and Parking," Subsection 18-307 entitled "parking prohibited at all times", by deleting therefrom the following:
AMARAL STREET (east side) from Wampanoag Trail north to dead end.
2. Article X entitled "Stopping, Standing and Parking," Subsection 18-307 entitled "Parking prohibited at all times," adding thereto the following:
AMARAL STREET (east side) from Wampanoag Trail north for a distance of 152 feet.
AMARAL STREET (east side), from a point 236 feet north of Wampanoag Trail, northerly to
its dead end.
CHAPTER NO. 407
(Requested by Mayor Rolland R. Grant)
Mayor Grant explains the reasons for the ordinance and says that the ordinance will be reviewed if problems occur.
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. Miranda, seconded by Mr. Sullivan, and on a roll-call vote 4-0, the ordinance is adopted. Mr. Lynch is noted absent.
Requesting Executive Session – Negotiations
On a 4-0 vote, it is voted to defer to the end of meeting on motion of Mr. Larisa, seconded by Mr. Miranda. Mr. Lynch is noted absent.
Block Party - July 4, 1996
Bernadette M. Callahan, 36 Maple Avenue 02915
Requesting to block off the side street between Lamont Street and Pine Street.
(The street has no street sign or actual house address) Will be used for games and activities and possible D.J. (D.J. would be set up in driveway of 36 Maple Avenue)
Bernadette Callahan, 36 Maple Avenue is present and sworn. Ms. Callahan states that there are no objections by neighbors.
On a 4-0 vote, motion made by Mr. Larisa, seconded by Mr. Miranda, to approve the above request. Mr. Lynch is noted absent.
Block Party
Paul & Pamela Toolan, 86 Terrace Avenue
Requesting approval to block off Terrace Avenue north (at about #37 to 87) Terrace Avenue, (or the intersection of Myrtle Avenue & Terrace Avenue).
Paul Toolan, 86 Terrace Avenue, addresses the Council and presents a petition signed by several neighbors of the Terrace area. Motion is made by Mr. Miranda, seconded by Mr. Sullivan, and voted 4-0 to make the petition part of the record. Mr. Lynch is noted absent.
Walter Kelly, 78 Terrace Avenue, is present and sworn. Mr. Kelly speaks in opposition of the block party, and says he and his wife were not approached to sign the petition. He states his concerns for rescue vehicles to get through and suggests alternate sites for the party.
Mr. Toolan states that plans have been made to hire a Special Police Officer for the night. Mr. Kelly goes on to speak of a similar party last year, and says more than 200 people were there, which was the site of illegal activities.
Mr. Larisa says the Special Police Officer could be in communication with the Police Department, should an emergency arise.
Mr. Sullivan speaks in support of the request. Mayor Grant asks Mr. Conley if the Council will be violating a person's rights if they approve over his objections.
Mr. Conley says this is an issue of public safety and that block parties have been a long tradition in this country. He says the Council would have to decide on the public safety issue. If Mr. Kelly had to get out of his street, the barrier would have to be removed. Mr. Conley goes on to say that common sense and rationale has to take place, and he is not aware of constitutional evaluation of the issue.
Mayor Grant questions Acting Chief of Police, Gary Dias. Chief Dias says he would recommend a special detail, and recommends sitting down prior to the party to work out the details. He also states that it is his belief that closing the street will enhance the safety.
Fire Chief Gerald Bessette says if the area is blocked off, it will be the most accessible area on the Terrace. Chief Bessette also says he would never issue a permit for fireworks in the area.
Mr. Larisa asks Mr. Toolan if there will be fireworks, and Mr. Toolan says there will not be.
After further discussion, a motion to approve the request is made by Mr. Sullivan, seconded by Mr. Miranda, with a roll-call vote:
Mr. Larisa Aye
Mr. Miranda Aye
Mr. Sullivan Aye
Mayor Grant Nay
Motion passes 3-1. Mr. Lynch is noted absent.
The meeting recesses at 9:00 P.M. and reconvenes at 9:08 P.M. Mr. Lynch is noted absent.
Mr. Conley explains the ruling from the courts on Five Star Video's suit, and says it is agreed that the City will remove the restriction of the licensing of x-rated videos on Sundays.
Mr. Larisa speaks on the issue. He says the Council would fight the issue, but it will cost the City in legal fees, and he says the City Clerk will be directed to rescind the restriction.
After further discussion, on motion of Mr. Larisa, seconded by Mr. Miranda, and on a roll-call vote 4-0, it is voted to direct the City Clerk to reverse the Council directive. Mr. Lynch is noted absent.
(By Councilman Robert D. Sullivan)
1. East Providence High School Roof
Mr. Sullivan asks Mr. Lemont for an update on the High School roof. Mr. Lemont shows drawings of the roof and explains what needs to be done. He says a program for replacement should be done in phases and it will cost approximately $300,000. He says the process should be started soon in order for the project to be completed before school starts.
Motion is made by Mr. Sullivan, seconded by Mr. Miranda, and is voted 4-0 to get the project started. Mr. Lynch is noted absent.
Mr. Lemont suggests looking at a way of financing the project and says the City should look at consolidating the automotive section of the School Department with the City, because it will save money.
Mr. Larisa says the roof has to be fixed immediately, and should be part of the settlement with the School Department, and he has been told that the School Department has the money set aside for the roof. He asks that the matter be deferred until the Council discusses the settlement issue and the Council agrees.
2. War Memorial - Bullocks Point Avenue
Mr. Sullivan speaks of a communication he received from the American Legion Post #10 regarding the deplorable conditions of the war memorials at the Fire Station on Bullocks Point Avenue and old Riverside Junior High School, and he suggests that the City have them cleaned.
Mr. Lemont speaks on the subject and says the City looked at the problem in the past, and because the cost of cleaning is substantial and because money was tight, nothing was done.
After further discussion, motion is made by Mr. Sullivan, seconded by Mr. Larisa, to direct the City Manager to give a report at the next regular meeting. Motion passes on a 4-0 vote with Mr. Lynch noted absent.
Mr. Sullivan receives Unanimous Consent to discuss electrified fences. The City Clerk reads a proposed ordinance regarding the subject. Motion to approve for First Passage is made by Mr. Sullivan, seconded by Mr. Miranda, and voted 4-0 on a roll-call vote. Mr. Lynch is noted absent.
Mr. Larisa receives Unanimous Consent to speak on complaints he has received on the storage of boats in yards, and he requests a report from the Planning Department on the subject.
(See U/C Councilman Robert D. Sullivan)
Mayor Grant requests the item be deferred to the next meeting.
Motion is made by Mr. Miranda, seconded by Mr. Larisa, to go into Executive Session to discuss negotiations. Motion passes 4-0 on a roll-call vote. Mr. Lynch is noted absent.
The Open Session is recessed at 10:00 P.M. and goes into Closed Session.
(Closed Session)
The Open Session reconvenes and adjourns at 11:05 P.M.
Attest:
Valerie A. Perry, CMC
City Clerk
Approved:_______________________________