CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
TUESDAY,
The City Council meets in the Council Chamber on Tuesday, March 19, 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 )
Robert D. Sullivan )
Paul E. Lemont ) City Manager
William J. Conley, Jr. ) City Solicitor
Valerie A. Perry ) City Clerk
(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 Gerald R. Lynch.
APPROVAL OF COUNCIL JOURNALS
Closed Session - February 6, 1996 - City Manager Job Performance
Regular Session - March 5, 1996
Motion made by Mr. Larisa, seconded by Mr. Miranda, to keep the minutes of the February 6, 1996 Closed Session regarding City Manager Job Performance closed. Motion passes unanimously on a roll-call vote.`
TO APPROVE THE CONSENT CALENDAR
Motion to approve the Consent Calendar as amended made by Mr. Larisa, seconded by Mr. Sullivan, and unanimously voted on a roll-call vote with all members present and voting.
Coastal Resources Management Council – ASSENT File No. A96-2-51
Requesting regrading activities to meet requirements of landfill closure plan, consisting of regrading, and loaming/seeding final slopes at Bucklin Point North Landfill, 102 Campbell Avenue, Plat 302, Block 1, Lot 1. (Narragansett Bay Commission)
Division of Freshwater Wetlands - Application No. 96-0005
Submitting request for preliminary determination application for location; north of Waterview Avenue and southwest of Curve Avenue, immediately north west of their intersection; Map 310, Block 8, Lot's 1 & 2.
Alcoholic Beverage License - Class F- May 31 to June 2, 1996
Applicant - Trinity Brotherhood Annual Holy Ghost Feast
Location - 146 Sutton Avenue
Subject to approvals from the Chief of Police, Building Inspector & Health Inspector
All CC items are received as information and approved on one motion.
Riverside Junior High School Girls' Basketball Team Day
Accepted by Coach George Sarganis and entire team.
Secondhand/Clothing
Applicant - Baby's Wear-House
Location - 222 Warren Avenue
Approved: Chief of Police
Subject to approval from: Building Inspector
Advertised - East Providence Post - February 29, 1996
Elizabeth Goulart, 31 North Broadway, is present and sworn.
The above license is granted on motion of Mr. Miranda, seconded by Mr. Larisa, and on a unanimous roll-call vote with all Council members present and voting, subject to all approvals.
Secondhand/Baseball Cards – Transfer
From - Goalie's Net
To - Goalie's Net II
Location - 262 Warren Avenue
Approved by Chief of Police
Subject to approval from: Building Inspector
Applicant not present. Motion to defer is made by Mr. Sullivan, seconded by Mr. Miranda, and voted 5-0.
Secondhand/Auto
Applicant - Carl, Arthur & Joseph Quattrucci
dba - Warren Avenue Auto Sales
Location - 531 Warren Avenue
Approved: Chief of Police
Subject to approvals from: Building Inspector, Zoning Officer
Carl Quattrucci, 31 Goldsmith Avenue & Joseph Quattrucci, 74 Grove Avenue are present and sworn.
On motion of Mr. Miranda, seconded by Mr. Lynch, and on a unanimous roll-call vote with all Council members present and voting, the above license is granted subject to all approvals.
Sunday/Holiday Sales
Applicant - Mak, Inc.
dba - Magic Video
Location - 1235 Wampanoag Trail
Approved: Chief of Police Subject to approval from: Building Inspector
Daniel Sullivan, 95 Penguin Avenue, East Greenwich, Rhode Island, is present and sworn.
Mr. Sullivan is asked if he will be renting x-rated videos and he answers in the affirmative. Mr. Sullivan makes a motion to approve, seconded by Mr. Miranda. Motion is withdrawn for discussion. Mr. Sullivan states his reasons for approving the license, saying that the courts already ruled against the City by allowing video stores to rent x-rated videos on Sundays. Mr. Lynch says he will abstain from the vote and says an abstention is not a denial. Mr. Larisa says he is uncomfortable with the Court's ruling.
After further discussion, motion is made by Mr. Sullivan, seconded by Mr. Miranda to approve the license.
Roll-call vote is taken:
Mr. Larisa Abstain
Mr. Lynch Abstain
Mr. Miranda Aye
Mr. Sullivan Aye
Mayor Grant Aye
Motion passes 3-0 with 2 abstentions.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
(Advertised - Providence Journal - March 13, 1996
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.)
Mr. Larisa speaks on the proposed amendments to the towing regulations. He proposes the following changes:
1. Section 17 - Give the Chief of Police the power to suspend a tower on a temporary basis until the next regularly scheduled Council meeting.
2. Section 16 - Draft a provision whereby each tower agrees to indemnify the City in the case of any lawsuit as a result of a City tow.
3. Section 14 - change "payment by cash", to "tow service company agrees to accept a personal check or major credit card for payment of emergency services, including tows, when accompanied by two forms of identification by the payor. The tow services may accept a personal check or major credit card for non-emergency service.
Mr. Lynch says this issue never got in front of the Council before. He says the Police Chief should oversee the issue and should not involve the Council.
Mayor Grant replies to Section 17. He says towers are Council appointments and some members of the Council should be notified when there is a problem with a tower.
Mr. Miranda says the Council can call an emergency meeting at any time, and the Chief of Police should be able to suspend a tower in an emergency situation.
A discussion ensues regarding whether towers should accept checks. Mr. Sullivan says business should not be told they have to accept checks. Mr. Miranda says residents who do not have cash should be able to pay with a check or credit card.
Mr. Larisa makes the following suggestions: 1) Each towing service shall specify in writing whether they will accept checks or credit cards. When the police send out for a tow, they should ask the person how he/she plans to pay. If the person cannot pay cash and has only a check or credit card, the towing company will be asked if they will accept the check/credit card, and if not, other towers will be called.
After further discussion, a motion is made by Mr. Larisa, seconded by Mr. Miranda, to amend Section 14 of the towing regulations. Mr. Lynch says the public has not been heard from as yet, and he asks the Mayor to rule the motion out of order, which he does.
Marcia Gerstein, 12 Rhodes Avenue, is present and sworn. Mrs. Gerstein asks about penalties for checks returned because of insufficient funds.
After further discussion, motion is made by Mr. Larisa, seconded by Mr. Miranda, relating to Section 14 of the towing regulations, to have each tower provide notification as to what forms of payment they will accept. Motion passes unanimousoy on a roll-call vote.
A motion is made by Mr. Larisa, seconded by Mr. Miranda, that will obligate each tower to hold the City harmless in the event of a suit over a tow. Motion passes unanimously on a roll-call vote with all Council members present and voting.
A motion is made by Mr. Larisa, seconded by Mr. Miranda, that will give the Police Chief the authority to suspend a tower in an emergency situation, and who will notify the City Manager immediately. Roll-call vote is taken on the motion:
Mr. Larisa Aye
Mr. Lynch Abstain
Mr. Miranda Aye
Mr. Sullivan Aye
Mayor Grant Aye
Motion passes 4-0 with 1 abstention.
The meeting recesses at 9:20 P.M. and reconvenes at 9:30 P.M. with all Council members present.
Requesting approval to award a contract for the purchase of Scott Air-pak equipment & Bauer Compressor equipment required by the City's Fire Department
(Deferred from March 5, 1996)
Mr. Lemont and Fire Chief Bessett answer questions from the Council regarding the bid. Motion to approve is made by Mr. Larisa, seconded by Mr. Lynch, and voted unanimously on a roll-call vote with all Council members present and voting.
Mr. Lemont requests an Executive Session meeting to discuss land acquisition. The meeting will be held after adjournment of this meeting.
1) Finance/Purchasing Departments
By John M. Andrews, Purchasing Agent
Requesting approval to award a contract for the Utility Control Instrumentation System for the Water Tank Project.
Unanimously approved on motion of Mr. Larisa, seconded by Mr. Lynch.
2) Requesting approval to award a contract for the construction of the Kent Heights elevated water storage tanks.
Motion to approve made by Mr. Lynch, seconded by Mr. Miranda, and voted 5-0.
The Claims Committee report is unanimously accepted on a roll-call vote with all Council members present and voting on motion of Mr. Larisa, seconded by Mr. Lynch.
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.", Subsection 18-106 entitled "Established.", adding thereto the following:
Fram Service Building - Fire Lanes, 55 Pawtucket Avenue - Fram Service Building."
(Requested by Director of Public Works)
&nbps;
The above-entitled ordinance is introduced and, on motion of Mr. Miranda, seconded by Mr. Sullivan, and on a unanimous roll-call vote is given first passage and can be referred to the next regular Council meeting to be held April 2, 1996 for a public hearing and consideration of final passage.
2.* AN ORDINANCEINANCE 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," by adding thereto the following:
Sec. 4-15 entitled "Reimbursement of Fees"
Section II: Article III entitled "Minimum Property Standards," by adding thereto the following:
Sec. 4-109 entitled "Reimbursement of Fees"
(Requested by the Law Department)
The above-entitled ordinance is introduced and, on motion of Mr. Lynch, seconded by Mr. Sullivan, and on a unanimous roll-call vote is given first passage and can be referred to the next regular Council meeting to be held on April 2, 1996 for a public hearing and consideration of final passage.
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 Article I entitled "In General," by adding thereto the following:
Sec. 4.1 entitled "Building Code adopted (a) (b)
(Requested by the Law Department)
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 next regular Council meeting to be held on April 2, 1996 for a public hearing and consideration of final passage.
4.* 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 Article III entitled "Minimum Property Standards" by amending the
following:
Sec. 4-241 entitled "Maintenance of exterior paint"
Sec. 4-337 entitled "Structures generally"
(Requested by the Law Department)
The above-entitled ordinance is introduced.
Motion is made to defer back to the City Solicitor by Mr. Sullivan, seconded by Mr. Lynch, and voted 5-0.
A RESOLUTION RELATING TO PRIMARY ELECTIONS IN THE CITY OF EAST PROVIDENCE.
RESOLVE NO. 29
(Requested by Councilman Joseph S. Larisa, Jr.)
Mr. Larisa speaks on the resolution. He says having one primary will save the City between $25,000-$50,000, and will encourage more people to run, because they will not have to fund raise twice. He says it will result in a more significant voter turnout.
The above-entitled resolution is introduced and on motion of Mr. Larisa, seconded by Mr. Lynch and on a unanimous roll-call vote, is adopted.
Kathy Anthony Requesting to address the Council re: Constructing a building on Glenlyon Field.
Withdrawn
Motion is made by Mr. Miranda, seconded by Mr. Lynch, to go into Executive Session to discuss land acquisition. Motion passes unanimously on a roll-call vote with all Council members present and voting.
The Open Meeting recesses at 10:10 P.M. and goes into Executive Session.
MARCH 19, 1996
LAND ACQUISITION
(See Separate Folder)
The Open meeting resumes and adjourns at 10:50 P.M.
Attest:
Valerie A. Perry, CMC
City Clerk
Approved:___________________________________