| CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING |
The City Council meets in the Council Chamber on Tuesday, March 6, 2001 and is called to order at 7:40 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 )
Paul E. Lemont ) City Manager
William J. Conley, Jr. ) City Solicitor
Valerie A. Perry ) City Clerk
The Invocation is led by Mayor Larisa. The Salute to the Flag is led by Mr. Grant.
1. Approval of Council Journals
Regular Meeting - February 20, 2001
2. Coastal Resources Management Council - March 2001 Calendar
3. City of Newport - Asking support of Resolution No.2001-016 regarding Hotel-Motel Room Tax Distribution
4. City of Newport - Asking support of Resolution No. 2001-017 regarding an increase in the PILOT appropriation
5. Alcoholic Beverage - Class F - March 17, 2001
St. Martha's Church - 2595 Pawtucket Avenue
6. Alcoholic Beverage - Class F - March 10, 2001
Sacred Heart Church - 118 Taunton Avenue
On motion of Mr. Grant, seconded by Mr. Midgley, and on a roll call vote, it is unanimously voted to approve all items on the Consent Calendar.
LICENSES REQUIRING PUBLIC HEARING
1. Additional Hours (Advertised Prov. Journal Feb. 10, 17, 24, 2001)
Bickford's Family Restaurants Inc. dba Bickford's Family Restaurant- 230 Newport Ave
Kenneth Allen, Hingham, Massachusetts, is present and sworn.
In response to a question from Mayor Larisa, Mr. Allen reports that there is one Bickford's Restaurant in Rhode Island open 24 hours a day.
Mr. Rogers speaks his concerns about a 24 hour operation which abuts a neighborhood. He says that a 24 hour operation is unusual for that area. He suggests that the business be allowed to operate the same hours that other businesses in the area operate.
Mayor Larisa asks Mr. Allen what kind of a hardship it would cause the Restaurant to be closed from 1:00 to 4:00 A.M. and Mr. Allen responds that a fair amount of business is done between 1:00 and 3:00 A.M. and economically it would make quite a bit of difference to them.
There is no one from the public wishing to be heard.
On motion of Mr. Rogers, seconded by Mr. Midgley, and on a roll call vote, it is unanimously voted to deny the 24 hour operation without prejudice, and allow Bickford's Restaurant to be open between the hours of 4:00 a.m. to 1:00 a.m., subject to the approvals from the Chief of Police, Building Inspector, and Health Inspector.
2. Alcoholic Beverage - Class B Full Privilege (Advertised E.P. Post Feb.8, 15, 2001)
Beef Hearth Inc., dba Chelo's 63 Newport Avenue
Glen Chelo, 5 Stoneridge Drive, North Smithfield, Rhode Island, is present and sworn.
Attorney Frederick Marzilli, 685 Warren Avenue, East Providence, Rhode Island, speaks for the applicant and asks Mr. Chelo questions about the license.
The hearing is open to public comment.
Al Santos, 38 Anama Avenue, Rumford, Rhode Island, is present and sworn.
Mr. Santos states that his property abuts the property of the proposed restaurant and he states his concerns about a business with an alcoholic beverage license so close to his property. Mr. Chelo assures Mr. Santos and the Council that his business has never had any problems and will not be tolerated. He says that the employees are advised to leave immediately after closing and are not allowed to be loud or to linger.
On motion of Mr. Rogers, seconded by Mr. Miranda, and on a roll call vote, it is unanimously voted to approve the license, subject to approvals from Chief of Police, Building Inspector, and Health Inspector.
3. Victualing
Beef Hearth Inc., dba Chelo's 63 Newport Avenue
On motion of Mr. Midgley, seconded by Mr. Rogers, it is unanimously voted to approve, subject to approvals from Chief of Police, Building Inspector, and Health Inspector.
LICENSES NOT REQUIRING PUBLIC HEARING
Carnival - May 13, 2001
Gordon School - 45 Maxfield Avenue
Melissa Ruhl, 32 Jennings Lane, Barrington, Rhode Island is present and sworn.
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously voted to approve, subject to approvals from the Chief of Police and Building Inspector.
Sunday/Holiday Sales - Transfer of Location
Colleen DelSanto, dba Carousel of Flowers
From 2731 Pawtucket Avenue to 2719 Pawtucket Avenue
Colleen DelSanto, 27 Becker Avenue, Riverside, Rhode Island, is present and sworn.
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously voted to approve, subject to approvals from the Chief of Police and Building Inspector.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
(Advertised Prov. Journal February 27, 2001)
Year 2001 Recreation, Conservation and Open Space Plan
RESOLUTION ADOPTING THE "EAST PROVIDENCE RECREATION, CONSERVATION AND OPEN SPACE PLAN (March 2001)" FOR SUBMISSION TO THE STATE OF RHODE ISLAND RESOLUTION NO. 7
Planning Director Jeanne Boyle states that having the plan approved makes the City eligible for a variety of State grants that are available. She states that the plan is a capital improvement program for improvements to the recreational facilities in the City, and it can be amended at any time.
Mr. Rogers asks Ms. Boyle about a comment she previously made that the urban areas are at a disadvantage for securing certain state funds because of the lack of open space. He suggests that small portions of land preserved as open space in urban areas is as valuable if not more valuable than a large tract in South County.
Ms. Boyle says the DEM is looking for comments on the regulations. She is asked to draft a letter addressing the issues of open space and development money.
There are no persons from the public wishing to be heard.
After further discussion, on motion of Mr. Midgley, seconded by Mr. Rogers, and on a roll call vote, it is unanimously voted to approve the plan and the accompanying resolution.
ORDINANCES - FINAL PASSAGE (Given first passage February 20, 2001)
Advertised - Providence Journal - February 23, 2001
AN ORDINANCE IN AMENDMENT OF CHAPTER 2 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "ADMINISTRATION"., which amends Sec. 2-277 entitled "Fines; penalties; imprisonment." by adding thereto the following:
(c) The municipal court may impose the requirement of voluntary community restitution in for a city agency in lieu of and/or in addition to fines, costs or both for not more than (10) days for any offense. CHAPTER 154
Requested by the Law Department
There is no one from the public wishing to be heard.
Mr. Conley explains that the ordinance provides an alternative penalty other than fines and costs for those who violate city ordinances.
On motion of Mr. Midgley, seconded by Mr. Miranda, and on a roll call vote, it is unanimously voted to approve the Ordinance for final passage.
CITY MANAGER
1. Notification - Request for Show Cause Hearing - Dick C's
Chief Dias requests a Show Cause Hearing for the Alcoholic Beverage License of Dick C's of Warren Avenue, due to a number of problems at the establishment recently, including a shooting and stabbing. The Chief hands out a packet of information to the Council, listing the complaints.
On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously voted to schedule a Show Cause Hearing for the next Council meeting, March 20, 2001.
2. City Manager's Report
Mr. Miranda says that he will meet with the Charity Ball Committee to discuss a donation.
Chief Bessette gives a report on the fire. He says several of the Department's trucks and rescues were on hand, as well as mutual aid from other communities. He commends members of the Department for a job well done.
REPORTS OF OTHER CITY OFFICIALS
(By William J. Conley, Jr., City Solicitor)
Claims and Litigation Committee Report
On motion of Mr. Grant, seconded by Mr. Midgley, and on a roll call vote, it is unanimously voted to accept as read.
COUNCIL MEMBERS
Mr. Grant invites the Council and members of the public to his Annual St. Patrick's Day celebration at City Hall on Friday, March 16, 2001 at 10:00 a.m. for the raising of the Irish Flag, followed by refreshments.
- (If given first passage, can be referred to the next regular Council meeting to be held on March 20, 2001 for a public hearing and consideration of final passage)
1. 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. 18-269 entitled "Stop and yield intersections designated; when stops required." by adding thereto the following:
JOHNSON PLACE (northbound traffic), at Oakcrest Drive.
JOHNSON PLACE (southbound traffic), at Park Drive.
Requested by Director of Public Works
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously voted to approve for First Passage.
2.* AN ORDINANCE IN AMENDMENT OF CHAPTER 6 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "GARBAGE AND REFUSE.", which amends
SECTION I. Article III entitled "Rubbish" by adding thereto the following:
Sec. 6-37.1 Time to Place Rubbish for Collection; Duty to Remove after Collection.
No placing or causing to be placed household rubbish, or other litter in receptacles or otherwise on the street, sidewalk, alley or public place for the purpose of having the same collected at a regularly scheduled or special collection shall do so before sunset of the day prior to such scheduled collection, nor shall such person allow such material or receptacles thereof to remain upon such street, sidewalk, alley or public place after the end of the day of such scheduled collection.
Sec. 6-37.2 Violation of article; penalty.
(a) Any person who violates this article, who shall fail, neglect or refuses to comply with the provisions of this article shall be issued a warning notice by Public Works Director or his/her duly authorized agent. Any person who violates this article, who shall fail, neglect or refuse to comply with the provisions of this article after such warning notice shall be punished by a fine as follows:
First offense $ 25.00
Second offense $ 50.00
Third offense $100.00
Each day such violation of this article shall continue shall constitute a separate offense.
(b) In addition to the penalty hereinabove provided any condition caused or permitted to exist in violation of this article shall be deemed a public nuisance and may be, by the city, abated as provided by law, and each day that such condition continues shall be regarded as a new and separate offense.
SECTION II. Article IV entitled "Recyclables" is amended by adding thereto the following:
Sec. 6-44 Time to Place Recycling Material for Collection; Duty to Remove after Collection.
No placing or causing to be placed recyclables in receptacles or otherwise on the street, sidewalk, alley or public place for the purpose of having the same collected at a regularly scheduled or special collection shall do so before sunset of the day prior to such scheduled collection, nor shall such person allow such material or receptacles thereof to remain upon such street, sidewalk, alley or public place after the end of the day of such scheduled collection.
SECTION III. Article V entitled "Yard Waste" is amended by adding thereto the following:
Sec. 6-54 Time to Place Yard Waste for Collection; Duty to Remove after Collection.
No placing or causing to be placed yard waste in receptacles or otherwise on the street, sidewalk, alley or public place for the purpose of having the same collected at a regularly scheduled or special collection shall do so before sunset of the day prior to such scheduled collection, nor shall such person allow such material or receptacles thereof to remain upon such street, sidewalk, alley or public place after the end of the day of such scheduled collection.
SECTION IV. Sec. 6-43 entitled "Violation of article; penalty." is amended to read as follows:
(a) Any person who violates this article, who shall fail, neglect or refuses to comply with the provisions of this article shall be issued a warning notice by Public Works Director or his/her duly authorized agent. Any person who violates this article, who shall fail, neglect or refuse to comply with the provisions of this article after such warning notice shall be punished by a fine as follows:
First offense $ 25.00
Second offense $ 50.00
Third offense $100.00
Each day such violation of this article shall continue shall constitute a separate offense.
(b) In addition to the penalty hereinabove provided any condition caused or permitted to exist in violation of this article shall be deemed a public nuisance and may be, by the city, abated as provided by law, and each day that such condition continues shall be regarded as a new and separate offense.
SECTION V. Sec. 6-53 entitled "Violation of article; penalty." is amended to read as follows:
(a) Any person who violates this article, who shall fail, neglect or refuses to comply with the provisions of this article shall be issued a warning notice by Public Works Director or his/her duly authorized agent. Any person who violates this article, who shall fail, neglect or refuse to comply with the provisions of this article after such warning notice shall be punished by a fine as follows:
First offense $ 25.00
Second offense $ 50.00
Third offense $100.00
Each day such violation of this article shall continue shall constitute a separate offense.
(b) In addition to the penalty hereinabove provided any condition caused or permitted to exist in violation of this article shall be deemed a public nuisance and may be, by the city, abated as provided by law, and each day that such condition continues shall be regarded as a new and separate offense.
Requested by: Councilman Rogers
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously voted to dispense with the reading of the ordinance.
Mr. Rogers speaks on the ordinance, which establishes the time to place and remove rubbish, recycling material and yard waste for collection, and establishes penalties for violations of these articles.
He suggests a slight modification to the proposed ordinance. Residents will not be allowed to put out trash and recycling before 3:00 P.M. on the day before it is to be picked up. Leaves and yard waste can be put out at any time. He also asks that the penalties be changed to a flat fee of $25.00. He also says the Recycling Coordinator should have the authority to issue the fines.
On motion of Mr. Grant, seconded by Mr. Midgley, it is unanimously voted
(By Councilman Rolland R. Grant)
Historic Properties Designation and Study Commission
Daniel Pineau 36 Willett Avenue (02915)
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously voted to approve.
(By Councilman Norman J. Miranda)
Recreation Advisory Board
(R) Joseph B. Sousa 234 Mercer Street (02914)
On motion of Mr. Midgley, seconded by Mr. Grant, it is unanimously voted to approve.
Memo from Planning Board dated March 1, 2001 recommending the Council defer action on a request to acquire City-owned land on Bullocks Pt. Avenue - Map 312, Block 9, Parcel 1.1
On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously voted to accept the recommendation of the Planning Board.
There being no further business, the meeting adjourns at 8:50 a.m.
Attest:
Valerie A. Perry, CMC
City Clerk Approved: March 20, 2001