October 19, 1999 - Journal of the Regular Council Meeting 

 

CITY OF EAST PROVIDENCE

RHODE ISLAND

JOURNAL OF REGULAR COUNCIL MEETING

OCTOBER 19, 1999

 

The City Council meets in the Council Chamber on Tuesday, October 19, 1999 and is called to order at 7:43 P.M. by Mayor Joseph S. Larisa, Jr.

 

Present:

                        Mayor Joseph S. Larisa, Jr.   ) Council Members

                        Rolland R. Grant                  

                        Peter F. Midgley                  

                        Norman J. Miranda              

                        Patrick A. Rogers                

 

                        William J. Conley, Jr.         )   City Solicitor

                        Valerie A. Perry                 ) City Clerk

 

                                                                                                                                                                       

The Invocation is led by Councilman Miranda.

The Salute to the Flag is led by Councilman Midgley.

Lori Merolla, Merandi Reporting, is present to record the proceedings of the public hearings.

                       

CONSENT CALENDAR     

 

1.         Approval of Council Journals

            October 5, 1999 - Regular Meeting     

 

2.         Cancellations/Abatements - City Assessor requesting cancellation of taxes as follows:

 

                        Year                             Amount

                        1999                            $8,204.58                   

 

3.         Alcoholic Beverage - Class B Limited (Permission to Advertise)

            Tedmar Corporation, dba Theo's Family Restaurant - 1175 Warren Avenue                 

 

On motion of Mr. Grant, seconded by Mr. Miranda, and on a roll call vote, the Consent Calendar is approved. 

 

CITY COUNCIL SITTING AS LICENSING COMMISSIONERS

LICENSES REQUIRING PUBLIC HEARING                                       

 

            Alcoholic Beverage - Cl B Full Privilege - Transfer 

            (Advertised E.P. Post 9/16 & 9/23, 1999)

            From: Brownie's Bar & Grille, Inc.,

            To:      Little Lucy's Lunch, Inc., dba Red Bridge Tavern - 22 Waterman Avenue

                       

Manuel Sousa, 130 Arlington Street, East Providence, Rhode Island is present and sworn. 

 

Mr. Sousa states that he met with the neighbors and discussed some of the problems they had with the former operation.  He says he believes that everything has been resolved.  He says he is willing to limit the Entertainment License to jukebox music only, and that it will not include live music or Karoake.

 

Mr. Sousa responds to a question from Mr. Midgley regarding the bottle dumping and assures the Council it will not be a problem.

 

Richard Cabral, 22 Birch Street, East Providence, Rhode Island is present and sworn.  Mr. Cabral states that after speaking with Mr. Sousa, he believes the problems will be resolved.

 

On motion of Mr. Miranda, seconded by Mr. Grant, and on a roll call vote, it is unanimously voted to approve, subject to approvals from the Building Inspector and Health Inspector. 

 

            Victualing - Cl 1 - 50 & Over - Transfer

            From: Brownie's Bar & Grille, Inc.,

            To:      Little Lucy's Lunch, Inc., dba Red Bridge Tavern - 22 Waterman Avenue

 

On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously voted to approve, subject to approvals from the Building Inspector and Health Inspector.

                                   

            Dance/Entertainment - Transfer

 

            Mr. Conley reads the following stipulations:

            1.         No live music, no Karoake music, jukebox music only

            2.         Music will cease at midnight

            3.         No music of any sort, whether amplified or not, shall be heard outside the building at any time.

 

The applicant agrees to the stipulations.

 

On motion of Mr. Grant, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to approve, subject to the stipulations made.

 

            Video Game - (including Sunday) - Transfer

            From: Brownie's Bar & Grille, Inc.,

            To:     Little Lucy's Lunch, Inc., dba Red Bridge Tavern - 22 Waterman Avenue

                       

On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously voted to approve, subject to approvals from the Building Inspector.

 

            Pool Table - (including Sunday)- Transfer        

            From: Brownie's Bar & Grille, Inc.,

            To:     Little Lucy's Lunch, Inc., dba Red Bridge Tavern - 22 Waterman Avenue

                       

On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously voted to approve, subject to approvals from the Building Inspector.

 

+Addendum

LICENSES NOT REQUIRING PUBLIC HEARING

           

            24 HOUR BOWLING (60 Lanes)

            P&G Bowling, Inc., 80 Newport Avenue

            Roland Beauregard, 11 Wingate Road, Lincoln, Rhode Island is present and sworn. 

 

The City Clerk states that the applicant has been operating for 24 hours without the proper license.  Mr. Beauregard testifies that they have been doing this for four weeks, and were unaware that a special license was needed.  He says that in some of the parties, they have a disc jockey that plays from 2:00 A.M. to 6:00 A.M.

 

Mr. Conley states that City Ordinances provide that no bowling alleys shall be allowed to operate on the first day of the week (Sunday) between the hours of 1:00 A.M. and 12:00 P.M.

 

Mr. Rogers states his concerns and says he thinks the issue should be scrutinized very carefully. 

 

He mentions some complaints that have come in to the City Manager's office about the operation.

          

Mayor Larisa says that this is a 24 hour Dance/Entertainment license as well as a 24 hour Bowling license. 

 

Mr. Miranda says he wants to see something from the Police Department before he makes any decision.           

 

Chief Dias recommends deferring the matter until he has the opportunity to check with other municipalities that have similar operations.  He says he understands that there have been problems in some other communities, and he has some information that causes him concern.

 

On motion of Mr. Grant, seconded by Mr. Rogers, it is unanimously VOTED to defer the licenses to the next Council meeting, scheduled for November 2, 1999.  The City Clerk will prepare a report on what 24 hour licenses are issued in the City, and the Police Chief will prepare a report on similar operations in other municipalities.         

 

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL

                       

PUBLIC HEARINGS

                       

ORDINANCES - FINAL PASSAGE (Given first passage October 5, 1999)

Advertised - Providence Journal - October 8, 1999

 

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.                     CHAPTER NO.  90    

There are no persons from the public wishing to be heard.

 

On motion of Mr. Grant, seconded by Mr. Midgley, and on a roll call vote, it is unanimously VOTED to approval for Final Passage.

 

2.         AN ORDINANCE AUTHORIZING THE DIRECTOR OF FINANCE TO BORROW FUNDS IN ANTICIPATION OF TAXES.                        CHAPTER NO. 91

There are no persons from the public wishing to be heard.

                       

On motion of Mr. Midgley, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to approve for Final Passage.

                                   

(Given First Passage Sept.7, 1999 with 30 day trial - Advertised Prov. Journal Oct. 8, 1999)

 

3.         AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "VEHICLES AND TRAFFIC", which amends SEC. I.  Sec.  18-247 entitled "Designation of one-way streets." is amended by adding thereto the following: 

           

PURCHASE STREET (northbound) from Orchard Street to Grove Avenue during the hours of 8:00 AM to 9:00 AM and 2:00 PM to 3:00 PM, school days.  (Requested by Director of Public Works)                    CHAPTER NO. 92

There are no persons from the public wishing to be heard.

           

On motion of Mr. Miranda, seconded by Mr. Grant, and on a roll call vote, it is unanimously VOTED to approve for Final Passage.

 

4.         AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "VEHICLES AND TRAFFIC", which amends SEC I.  Sec.  18-247 entitled "Designation of one-way streets." by deleting therefrom the following:

           

HOWLAND AVENUE (westbound) from Dover Avenue to Pawtucket Avenue during the hours of 8:30 AM to 9:30 AM and 2:30 PM to 3:30 PM, school days.

 

WANNAMOISETT ROAD (eastbound), from Dover Avenue to Pawtucket Avenue during the hours of 8:30 AM to 9:30 AM and 2:30 PM to 3:30 PM, school days.

 

DODGE STREET (northbound), from Silver Spring Avenue to Hilltop Road during the hours of 8:30 AM to 9:30 AM and 2:30 PM to 3:30 PM, school days.

 

PROGRESS STREET (southbound), from Heath Street to Silver Spring Avenue during the hours of 8:30 AM to 9:30 AM and 2:30 PM to 3:30 PM, school days.

 

SILVER SPRING AVENUE (westbound), from Progress Street to Dodge Street during the hours of 8:30 AM to 9:30 AM and 2:30 PM to 3:30 PM, school days.

 

SECTION II.  Sec.  18-247 entitled "Designation of one-way streets." is amended by adding thereto the following:

 

HOWLAND AVENUE (westbound) from Dover Avenue to Pawtucket Avenue during the hours of 8:00 AM to 9:00 AM and 2:00 PM to 3:00 PM, school days.

 

WANNAMOISETT ROAD (eastbound), from Dover Avenue to Pawtucket Avenue during the hours of 8:00 AM to 9:00 AM and 2:00 PM to 3:00 PM, school days.

 

DODGE STREET (northbound), from Silver Spring Avenue to Hilltop Road during the hours of 8:00 AM to 9:00 AM and 2:00 PM to 3:00 PM, school days.

 

PROGRESS STREET (southbound), from Heath Street to Silver Spring Avenue during the hours of 8:00 AM to 9:00 AM and 2:00 PM to 3:00 PM, school days.

 

SILVER SPRING AVENUE (westbound), from Progress Street to Dodge Street during the hours of 8:00 AM to 9:00 AM and 2:00 PM to 3:00 PM, school days. (Requested by the Director of Public Works)                     CHAPTER NO.  93

There are no persons from the public wishing to be heard. 

                       

On motion of Mr. Grant, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to approve for Final Passage.

 

5.         AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "VEHICLES AND TRAFFIC", which amends SEC I.  Sec.  18-269 entitled "Stop and yield intersections designated; when stops required." by adding thereto the following:

 

SECOND STREET (northbound and southbound traffic), at Schuyler Street. (Requested by the Director of Public Works)                        CHAPTER NO. 94

There are no persons from the public wishing to be heard.

 

On motion of Mr. Grant, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to approve for Final Passage.              

           

6.         AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "VEHICLES AND TRAFFIC." which amends SEC I.  Article X entitled "Stopping, Standing and Parking." Subsection 18-307 entitled "Parking prohibited at all times." by deleting therefrom the following:

 

EASTERN AVENUE (south side)

 

SECTION II.   Article X entitled "Stopping, Standing and Parking." Subsection 18-307 entitled "Parking prohibited at all times." is amended by adding thereto the following:

EASTERN AVENUE (south side) from its dead end easterly for a distance of 386 feet

(Requested by the Director of Public Works)    CHAPTER NO. 95

There are no persons from the public wishing to be heard.

 

On motion of Mr. Grant, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to approve for Final Passage.

                                   

NEW BUSINESS

 

CITY MANAGER

 

1.         Requesting Executive Session to discuss Negotiations and real estate purchase

 

On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously VOTED to defer to the end of the meeting.

 

 

2.         Requesting approval to award contract for the lease/purchase financing for Police Dept. Vehicles

 

On motion of Mr. Miranda, seconded by Mr. Rogers, and on a roll call vote, it is unanimously VOTED to approve.

 

 

3.         City Manager's Report

 

Mr. Lemont announces that each resident will be receiving information about the Water System in the City.  He requests citizens to call Public Works Director Julie Forgue or Water Superintendent Ken Booth if they have any questions. 

 

REPORTS OF OTHER CITY OFFICIALS

 

(By Valerie A. Perry, City Clerk)

1.  Renewal of Annual Licenses

 

Requesting authorization be granted to renew subject licenses, excluding alcoholic beverage  licenses, for year commencing December 1, 1999, upon application by licensee and approval  by Chief of Police 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. Grant, seconded by Mr. Rogers, and on a roll call vote, it is unanimously VOTED to approve.

 

 

(By William J. Conley, Jr., City Solicitor)

2.  Claims Committee Report

 

            Jeffrey T. Luciano Claim No. 99-46                  Approved for $1,000

            Donald Shortman (1) Claim No. 99-53             Denied            

            Donald Shortman (2) Claim No. 99-54             Denied

                       

On motion of Mr. Midgley, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to accept the report as presented.

 

INTRODUCTION OF ORDINANCES

 (If given first passage, can be referred to the next regular Council meeting to be held on November 2, 1999  for a public hearing and consideration of final passage)

                       

1.         AN ORDINANCE IN AMENDMENT OF CHAPTER 17 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "UTILITIES.", which amends Subsection (c) of Sec.  17-183 entitled "Charges to be based upon water consumption; rate" to read as follows:

(c) The water consumption portion of the sewer charge shall be at a rate of  $1.90 per hundred cubic feet of water used  based upon the actual  quarterly or monthly meter reading of water consumption less an annual exemption of 3500 cubic feet. Such exemption shall be prorated  quarterly or monthly for users of city water who are billed on a quarterly or monthly basis.

                       

Mr. Conley explains the ordinance, which establishes sewer use rates.   Mayor Larisa asks for a report from Camp, Dresser, & McKee regarding possible ways to better and more accurately determine how to charge people for the amount of water they are putting back into the sewer system.  He also asks that they report on what other communities are doing in Rhode Island, New England, and around the country.

 

On motion of Mr. Rogers, seconded by Mr. Midgley, and on a roll call vote, it is unanimously VOTED to approve for First Passage.

           

2.         AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "VEHICLES AND TRAFFIC" which amends SEC I.  Sec.  18-269 entitled "Stop and yield intersections designated; when stops required."by adding thereto the following:         

BRADFORD AVE.  (northbound and southbound traffic) at Greenwich Avenue.

GREENWICH AVENUE (eastbound traffic) at Bradford Avenue.

                                   

(Requested by Councilman Grant)

                       

On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously VOTED to approve for First Passage. 

                                   

3.         AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "VEHICLES AND TRAFFIC", which amends SEC. I.  Sec.  18-269 entitled "Stop and yield intersections designated; when stops required."by adding thereto the following:          ELMWOOD DRIVE (eastbound), at Weeden Avenue.

(Requested by the Director of Public Works)

On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously VOTED to approve for First Passage.    

 

4.         AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "VEHICLES AND TRAFFIC." which amends SEC I.  Article X entitled "Stopping, Standing and Parking." Subsection 18-302 entitled "Parking adjacent to schools prohibited when signs are erected." by deleting therefrom the following:

NORTH COUNTY STREET (east side), from Grosvenor Avenue to Baker Street, school days between 8:00 AM and 4:00 PM.

 

NORTH COUNTY STREET (west side), from Grosvenor Avenue southerly 201 feet, school days between 8:00 AM and 4:00 PM.

                                   

(Requested by the Director of Public Works)

 

On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously VOTED to approve for First Passage.

                                   

5.         AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "VEHICLES AND TRAFFIC", which amends SEC I.  Sec.  18-247 entitled "Designation of one-way streets." by adding thereto the following:

DORR AVENUE (westbound) from Arnold Street to Smith Street during the hours of 8:00 AM to 9:00 AM and 2:00 PM to 3:00 PM, school days.

                                   

(Requested by the Councilman Midgley)

 

On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously VOTED to approve for First Passage.                        

 

6.         AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "VEHICLES AND TRAFFIC." which amends SEC I.  Article X entitled "Stopping, Standing and Parking." Subsection 18-302 entitled "Parking adjacent to schools prohibited when signs are erected." by adding thereto the following:

DORR AVENUE (south side) from Arnold Street westerly 78 feet, school days, between 8:00 AM and 3:00 PM.

 

(Requested by Councilman Midgley)

                                   

On motion of Mr. Midgley, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to approve for First Passage.

 

APPOINTMENTS

 

(By Mayor Joseph S. Larisa, Jr.)

 

1.         On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously VOTED to approve the appointment of Harold Gerstein, 12 Rhodes Avenue to the Economic Development Commission.

 

2.         On motion of Mr. Midgley, seconded by Mr. Grant, it is unanimously VOTED to approve the reappointment of Ladd Meyer, 75 Terrace Avenue to the Building Board of Appeals.

                                               

COMMUNICATIONS

 

1.         East Bay Mental Health Center, Inc. requesting an exemption from personal property (tangible) taxation for property located at 610 Wampanoag Trail.

 

John P. Digits, Jr., 552 Clay Terrace, Dighton, Massachusetts is present and sworn.  Mr. Digits says he met with the Tax Assessor as requested by the Mayor.  He testifies that this is a full service operation.

 

On motion of Mr. Midgley, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to approve.

 

 

2.         Alfred Luchesi, 10 Naushon Road, Pawtucket, Rhode Island, requesting to purchase City-owned land located at the corner of Brook Street and Newman Avenue, Seekonk, Massachusetts.

                       

On motion of Mr. Midgley, seconded by Mr. Grant, it is unanimously VOTED to refer to the Planning Board.

 

 

3.         Babe Ruth/Ted Williams Memorial Committee - Update

 

William Castro, 88 Byron Avenue, East Providence, Rhode Island, Chairman of the Committee, is present and sworn.  Mr. Castro informs the Council of the plaque unveiling, scheduled for October 31, 1999, commemorating the appearance of Babe Ruth and Ted Williams at Pierce Field in 1941.

 

On motion of Mr. Grant, seconded by Mr. Rogers, and on a roll call vote, it is unanimously VOTED to go into Executive Session to discuss contract negotiations with the Police and to discuss real estate purchase for future Fire Station.

 

The meeting goes into Executive Session at 8:42 p.m. and returns to Open Session at 9:50 p.m.

 

There being no further business, the meeting adjourns at 9:50 p.m.

 

Attest:

 

 

Valerie A. Perry, CMC

City Clerk                                                        Approved: November 2, 1999 

 

 

October 19, 1999 - Journal of the Regular Council Meeting
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