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CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
October 20, 2015
Council Chambers, City Hall, 145 Taunton Avenue, East Providence, RI 02914
7:00 P.M. Executive Session, Room 101
7:30 P.M. Open Session
I. EXECUTIVE SESSION
The City Council of the City of East Providence will meet in Executive Session pursuant to RI General Laws § 42-46-5 (a)(2).
A. New Claims:
1. Antonio J. Bairos
2. John Baptista
3. Maria S. Barros
4. Anthony Caprio
5. Carol A. Perry
6. Frederick R. Roberts, Jr.
B. Sewer Charge Abatements:
1. Antonio Dias
2. Antonio Rodrigues
3. John Salem
4. Jameson Ungerer
C. Litigation:
1. Nadine E. Lima vs. City of East Providence, et al C.A. No. 14-513-ML-PAS
II. CALL TO ORDER
III. SALUTE TO THE FLAG
IV. TO APPROVE THE CONSENT CALENDAR
A. Letters
1. Notice of New Property Number, 75 Highland Avenue (02914), Map 608, Block 02, Parcel 002.0, Zoning C5, Frank Paolino, 1150 New London Avenue, Cranston (02920).
2. Notice of New Property Number, 73 Highland Avenue (02914), Map 608, Block 02, Parcel 002.0, Zoning C5, Frank Paolino, 1150 New London Avenue, Cranston (02920).
3. Notice of New Property Number, 71 Highland Avenue (02914), Map 608, Block 02, Parcel 002.0, Zoning C5, Frank Paolino, 1150 New London Avenue, Cranston (02920).
4. CRMC Agenda, Semi Monthly Meeting, 10/13/15, 6:00PM, Administration Building, Conf. Rm A, One Capitol Hill, Providence.
B. Alcoholic Beverage Class F-1
1. St. Mary Academy Bay View, Fall Production, 3070 Pawtucket Avenue (02914), November 5, 6 & 7, Kirsten Harvey, 35 Grant Avenue (02915)
C. Change of DBA
1. Helgran, Lavern E. DBA A-1 Coin & Jewelry to Helgran, Lavern E. DBA American Coin & Jewelry Exchange
D. Council Journals
1. Regular Council Meeting October 6, 2015
2. Special Council Meeting September 29, 2015
A motion to approve the Consent Calendar is made by Assistant Mayor Cunha, seconded by Councilman Britto and on a roll call vote it is unanimous.
A motion to move the Final Passage of the Ordinance for removal of the stop sign at the corner of Estrell Drive and Larry Lane to this location on the docket is made by Councilman Britto, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
A. An Ordinance Repealing a Stop Sign on Estrell Drive at Larry Lane.
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”
SECTION I. Subsection (b) of Sec. 18-269 entitled “Stop and yield intersections designated; when stops required” is amended by deleting therefrom the following:
Estrell Drive (northbound and southbound traffic) at Larry Lane
SECTION II. This ordinance shall take effect upon second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Councilman Conley
1. Steven Sharky, 115 Estrell Drive speaks against the ordinance to repeal the stop sign due to it being for the good of the entire City.
2. Patrick Coughlin, 122 Estrell Drive corner of Larry Lane speaks in favor of the ordinance he notes if it is not necessary he won't put everyone through the presentation which takes about 30 minutes. He notes that stop signs are ineffective to be used to control speeding and should only be used at intersections.
Councilwoman Capobianco asked if they were pleased with the police presence.
Mr. Coughlin stated yes it has increased and yes they can see a difference.
Councilwoman Capobianco calls Director Coutu to podium regarding the new truck 2 ton limit. He states yes they are up on Rounds Avenue and roads coming up from the Wampanoag Trail.
Mr. Coughlin notes that he spoke with Chief Parella regarding ways to control speeding. There are devices which can be installed to take pictures and used to issue fines for when police cannot be in area. He states that a 2006 study showed 3,150 cars every day pass by the sign. Adjusting to today that would mean 3400 cars a day and this is a major cut through. There is no way around that and in an attempt to control speeding it is the wrong use of a stop sign. Studies have been done to show it actually causes an increase in speed when drivers start rolling again. The sign cannot be for one or two residents. We should be joining together to fight the speeding.
Mayor Rose stated the stop signs are not helping the speeding. He has seen this himself.
Councilwoman Capobianco asked if Mr. Coughlin was confident he will work with the Chief and DPW.
Mr. Coughlin stated absolutely he and the neighbors.
Councilman Britto asked Mr. Coughlin if as long as you have been living there have there been incidents or accidents prior to the sigh.
Mr. Coughlin stated none that they know of. Larry Lane is not a high traffic area.
A motion to approve the Ordinance for final passage is made by Councilman Britto, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
A motion for Unanimous Consent to move Proclamations and Presentations to this location on the docket is made by Councilwoman Capobianco and all are in favor.
V. PROCLAMATIONS AND PRESENTATIONS
A. Townies in Action (by Councilwoman Capobianco)
Councilwoman Capobianco explains the Townies in Action Award and presents the citations to the winners.
A motion for Unanimous Consent to move the item Resolutions a resolution naming Veterans Memorial Park at Squantum Woods to this location on the docket is made by Councilwoman Capobianco and all are in favor.
A. Resolutions
2. A resolution naming Veterans Memorial Park at Squantum Woods.
RESOLUTION NAMING VETERANS MEMORIAL PARK AT SQUANTUM WOODS
WHEREAS, the freedoms we enjoy as Americans has been demonstrated through the patriotic commitment and sacrifice of many veterans from the City of East Providence; and
WHEREAS, East Providence veterans are owed a great debt for serving in defense of this nation; and
WHEREAS, those sacrifices of our veterans have ended in permanent injury or death, yet their spirit remains in the continued promise and perseverance of liberty for all the oppressed individuals throughout our world; and
WHEREAS, in honor of these dedicated citizens of East Providence, the City Council of the City of East Providence wishes to memorialize the enduring efforts of our veterans in preserving the site off Veterans Memorial Parkway at Squantum Woods as a lasting symbol to the principles of freedom and democracy.
NOW, THEREFORE, BE IT RESOLVED, it is hereby decreed by the City Council of the City of East Providence that this land be named and known forevermore as:
VETERANS MEMORIAL PARK AT SQUANTUM WOODS
Requested by: Councilwoman Capobianco
Councilwoman Capobianco calls Glenn Maciel and Jim Miller to the podium.
Mr. Maciel spoke stating that the organization was founded 14 years ago this month. The idea was conceived by John Rebello and himself. They began with the monument at 6 Corners and from there the one on Taunton Avenue. The highlight was the west wall of City Hall and Taunton Plaza. They had wanted to relocate the garden of flags on Massasoit Avenue and fought this with the State for 14 years. There was always an issue as to who cut the grass, the flag poles were falling over and they we couldn’t hold a service there. They had always wanted Squantum Woods. He thanked Councilwoman Capobianco and Mayor for getting us to phase 1. They have been moved and there are 3 new flag poles. In the past the poles had no halyards so there was no way to raise and lower them. Now they do and they can replace the flags as needed. This takes a little burden off the City. They raise money for items like the gates at Pierce Filed, the statutes on Taunton Avenue. This is all privately raised funds. The new lights for the Riverside Square Memorial are nearly complete and Squantum phase 1 is done. Next year in the spring they will do phase 2 which will be 4 smaller markers for the first 4 boys for East Providence who died in Vietnam. They are going to replace these with a larger one containing all 18 names. There will be granite benches and a replacement marker and a flag pole on the corner of Mercer Street. He closes that he appreciates the support of the Council and added the organization will never dishonor our City or our brother veterans who they are honoring.
Councilwoman Capobianco presents them with the November Townies In Action Award.
A motion to approve the Resolution is made by Councilman Conley, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
VI. PUBLIC COMMENT
A. Tom Riley, 3620 Pawtucket Avenue (02915) – Water and Sewer
Assistant Mayor Cunha states that he is working with the City Manager to try to package a deduct meter and reduce the cost of having them installed.
The City Manager let Mr. Riley know that he understands his analysis and some communities do this and that he will look into it. Adding as he understands there is also the service of the Narragansett Bay Commission and there is the bond and it is an issue to address and he will look into it.
VII. COMMUNICATIONS
A. Julie Silva, 257 North Brow Street (02914) requesting to address the Council regarding the 3rd Annual Joseph Silva Memorial Foundation Toy Drive.
Ms. Silva passed out information on the organization and thanked the City Council for the use of the front case in the lobby to advertise the toy drive. She adds that she tried to be neutral and subtle with the Christmas theme as it is still early. She explains that her father started the drive over 20 years ago in conjunction with the Knights of Columbus. He was a Knight for over 40 years. When he passed in 2013 she and her mother wanted to continue and start a foundation in his memory. This is the 3rd year they are running the toy drive in his memory in conjunction with the Knights and Children’s Friends Services. All the toys go to The Children’s Friends enhancing the lives of children one child at a time. The brochures contain the logo we call Sir Joe. The toy drive kick off is November 1st and we will bring out our toy box drops at the first of November. A box will go to City Hall and there will be one in Riverside at Riverside Nutrition. They and will post additional sites on the website. The Memorial Toy Drive Dinner will be held Saturday, December 12th. Dinner will be at 7:00PM at the Knights of Columbus, 3200 Pawtucket Avenue. People interested can bring a toy the night of the dinner but this will be the last day to bring a toy. There will be music and dinner and tickets are on sale November 1st for $20 per person. If purchased on or before black Friday they are running a ticket special and the second ticket is $10. She closed by stating they are very lucky and thankful to the City and residents for their support. They have had over 1500 toys in the first year and average 800-1500 toys a year. She noted her father’s last toy drive brought in 600 toys all by himself.
VIII. APPOINTMENTS
A. Traffic Control (by Councilman Conley)
Michael Mayer, 87 Circuit Drive
A motion to approve the Appointment is made by Councilman Conley, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
B. Library Board of Trustees (by Councilman Conley)
Janet Seals, 50 Stephen Street
A motion to approve the Appointment is made by Councilman Conley, seconded by Councilman Britto and on a roll call vote it is unanimous.
C. Housing Authority – Resident Commissioner (by Mayor Rose)
Cynthia Faria, 184 Warren Avenue (02914)
A motion to approve the Appointment is made by Assistant Mayor Cunha, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
D. Probate Judge (by Assistant Mayor Cunha)
Dean Robinson, 404 New Meadow Road, Barrington
A motion to approve the Appointment is made by Councilman Britto, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
Assistant Mayor Cunha swears in the Probate Judge Dean Robinson.
E. City Sergeant (by Assistant Mayor Cunha)
John Medeiros, 291 Grosvenor Avenue (02914
This item was deferred.
F. Traffic Control (by Mayor Rose)
Heidi Sterne, 40 Luther Avenue (02914)
A motion to approve the Appointment is made by Britto, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous.
G. Traffic Control (by Mayor Rose)
Michelle Calouro, 212 S. Spruce Street (02914)
A motion to approve the Appointment is made by Councilwoman Capobianco, seconded by Councilman Britto and on a roll call vote it is unanimous.
IX. PUBLIC HEARING
A motion to dispense with the reading of the ordinance is made by Councilwoman Capobianco, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous.
A. AN ORDINANCE IN AMENDMENT OF THE CITY OF EAST PROVIDENCE 2010-2015 COMPREHENSIVE PLAN UPDATE
Section I. Map 3 of the City of East Providence 2010-2015 Comprehensive Update entitled “Central East Providence Generalized Land Use,” is hereby amended to identify the property designated as Assessor’s Map 307, Block 23, Parcels 2 and 3 as office/service use subject to the following conditions:
· That the use of Parcel 3 (vacant parcel) is restricted to a parking facility that is an accessory use to the funeral home located at Map 307, Block 23 Parcel 2 (2555 Pawtucket Avenue);
· In the event Parcel 3 is not developed into or used as a parking facility, the Comprehensive Plan designation of Parcel 3 would revert to its original status as a “Medium density residential” designated on the generalized land use map (Map 3) of the City’s Comprehensive Plan.
The Central East Providence Generalized Land Use Map (Map 3) of the City of East Providence 2010-2015 Comprehensive Plan Update shall be amended accordingly.
Section II. This ordinance shall take effect upon passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Planning Department
Lauren Vandervelt from Maia Law Office testifies on behalf of the petitioner.
Ms. Vandervelt explains the application is the result of a very comprehensive collaboration with the Planning Department and she thanked Director Boyle and staff.
Solicitor Chapman swore in the 3 attendees which state their names later when speaking. They noted Joseph Lombardo would not be present tonight but this matter was previously before the Planning Board where he did present.
Ms. Vandervelt requests Exhibit One be submitted for the record.
A motion to submit Exhibit One for the record is made by Councilman Britto, seconded Councilwoman Capobianco and on a roll call vote it is unanimous.
They are requesting a C1 to a C2 and Zoning for the empty lot from R4-C2 with the restriction that the lot be used solely for off street parking to alleviate the street parking and to benefit the neighborhood by increasing public safety.
Ms. Vandervelt requests Exhibit Two be submitted for the record. A report from planning in support of the items contained inside the folder.
A motion to submit Exhibit Two for the record is made by Assistant Mayor Cunha, seconded Councilman Britto and on a roll call vote it is unanimous.
Ms. Vandervelt requests Exhibit Three be submitted for the record this is the petitioner’s exhibit containing signatures of neighbors in support.
A motion to submit Exhibit Three for the record is made by Assistant Mayor Cunha, seconded Councilwoman Capobianco and on a roll call vote it is unanimous.
Ms. Vanervelt calls George Gifford a licensed landscape architect Cumberland RI to the podium to explain the new technology being used in the parking lot.
Mr. Gifford explains the lighting limits and the invasion of light to neighbors while lighting the parking lot and their solution. He explains the new technology in lot pavement drainage with impervious pavement to drain directly down into the ground. He provides background and a view of the site via aesthetic elements and the requesting zone. There will be no vehicular access from Pawtucket Avenue onto the property. There will be flowers and trees and an evergreen hedge which will be a tall dense hedge and will remain green all year round. The arborvitae allows the density but it’s thin and tall. The LED lights are efficient and accurately directed.
Councilman Britto asks what the distance is between the light pole and the green wall.
Mr. Gifford explains the closest point is 10 feet which is very short on the side to the tree but not over the property line.
Councilman Britto states that he drove by the area and took a look at the property and it appears to be at different elevations from what is proposed. He asks if there is going to be more of a ramp and how to will it flow from one area to the other.
Mr. Gifford stated this would be better answered by the site engineer.
David D’Amico comes to the podium he is the registered civil engineer and President of D’Amico Engineering in North Providence. Me. D’Amico stated that in looking at the site it does indeed pitch back and is one of the issues they had to deal with. There is about a 6 foot drop in elevation from Pawtucket Avenue to the back of the site. They are bringing it up to the level at the back of the parking lot and are going to employ a retaining wall around the back. The whole property meets zoning regulations for properly adding 24 new spots. There is a pervious sand layer and stone reservoir below that to infiltrate the run off. Then there is a natural filtration through the soil.
Assistant Mayor Cunha asks what happens in the winter time, does it continue to drain.
Mr. D’Amico stated that the pavement looks like the binder surface put on roads before the overlay. It’s not smooth it’s rough. Those voids are pretty wide and our experience is that when it rains in the winter it flows through. The particles inside may freeze but they have not seen it clog.
Assistant Mayor Cunha asked what it is made of.
Mr. D’Amico responded they just use a much larger aggregate.
Councilman Britto noted that he has been to Perry McStay on a number of occasions and when coming in from either direction when there is a wake or funeral cars are parked on both sides of Brightridge Avenue and in essence it causes it to become a one way street. Cars park all the way up Brightridge Avenue to Pawtucket Avenue and there is no way of turning. This might also alleviate the hassle to the residents of having all the cars parked in front of their homes.
Mayor Rose stated that he has to agree with Councilman Britto. In the winter time with the snow mounds and the parking a fire truck can't get down that street.
Mr. D’Amico stated they would work on a maintenance plan with the City and direct Mr. Martin how to care for the parking lot as you can't use sand on the ice as it will fill the voids and this plan will be submitted to the City.
1. Shirley Brisco, 201 Woodlawn Avenue, North Providence is present on behalf of her brothers who live on Brightridge Avenue, she speaks against the removing the wording in the original 1980 Ordinance which removes the language that if in the future the funeral home decides to sell it reverts back to residential. Ms. Brisco had a copy of the original ordinance which was shown to the Council and the Solicitor. Telling the Council that if they pass this ordinance as written the new ordinance will supersede the old ordinance and asked them to please include parcel 2 to revert to residential.
Attorney Maia came to the podium and stated that this parcel was previously a school. If you have a reverted clause it can't return to residential but any development would have to go before Zoning or City Council.
Councilwoman Capobianco asks if the Council can add parcel 2 to bullet number 2.
Solicitor Chapman states that is what it says but not what the applicant is requesting and what the applicant is requesting is what the Planning Board approved.
Councilwoman Capobianco asks that if the business went out of business would it have to come before that current Council.
Tom Riley, 3620 Pawtucket Avenue speaks stating that he agrees with Ms. Brisco with simply adding and/or to validate the original ordinance. He also suggests to the business that they just heat the parking lot underneath with electric.
1.Shirley Brisco, 201 Woodlawn Avenue, North Providence is present on behalf of her brothers who live on Brightridge Avenue, she speaks against the removing the wording in the original 1982 Ordinance which removes the language that if in the future the funeral home decides to sell it reverts back to residential.
2.Tom Riley, 3620 Pawtucket Avenue speaks regarding questions on the new drainage asphalt they are installing.
A motion to approve the Ordinance is made by Assistant Mayor Cunha, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
A motion to dispense with the reading of the Ordinance is made by Councilwoman Capobianco, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous.
B. AN ORDINANCE IN AMENDMENT OF CHAPTER 19 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND 1998, AS AMENDED, ENTITLED “ZONING”
SECTION I. Section 19-95 entitled “Districts Designated” of Article III entitled “District Regulations” is hereby amended as follows:
Parcels 2 and 3 on Assessor’s Map 307, Block 23 presently located in a Commercial 1 District and Residential 4 District respectively are hereby changed to be included in a Commercial 2 District subject to the following conditions:
· That the use of Parcel 3 (vacant parcel) is restricted to a parking facility that is an accessory use to the funeral home located at Map 307, Block 23 Parcel 2 (2555 Pawtucket Avenue);
· In the event Parcel 3 is not developed into or used as a parking facility, Parcel 3 would revert to its original status as a Residential 4 designation on the City’s official zoning map;
- That the entire length of the existing chain link fence along the rear property line of Parcel 2 (2555 Pawtucket Avenue) is removed and replaced with a stockade fence for a distance of approximately 165 feet;
- That all of the site improvements are installed as shown on the plan set titled, “Perry/McStay Funeral Home, Proposed Parking Lot Addition” last revision date September 9, 2015;
- That a maintenance plan is submitted by the applicant that addresses maintenance needs of the proposed parking facility for Parcel 3 and maintenance of the stockade fence to be installed along the property lines of Parcels 2 and 3.
The Zoning Map of the City of East Providence shall be amended accordingly.
SECTION II. This ordinance shall take effect upon passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Planning Department
A motion to approve the Ordinance is made by Assistant Mayor Cunha, seconded by Councilman Britto and on a roll call vote it is unanimous.
X. PUBLIC HEARING - ORDINANCE FINAL PASSAGE
A motion to dispense with the reading of the Ordinance is made by Assistant Mayor Cunha, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
A. ORDINANCE OF THE COUNCIL OF THE CITY OF EAST PROVIDENCE ORDERING THE ASSESSMENT AND COLLECTION OF PROPERTY TAX ON THE RATABLE REAL ESTATE, TANGIBLE PERSONAL PROPERTY, AND AN EXCISE TAX ON REGISTERED MOTER VEHICLES AND TRAILERS
SECTION I. That the Council of the City of the City of East Providence hereby orders the assessment and collection of a tax on ratable real estate, tangible personal property and an excise tax on registered motor vehicles and trailers in a sum not more than One Hundred Seven Million One Hundred Ninety Nine Thousand Three Hundred and Thirty Seven ($107,199,337) dollars. Said tax is for ordinary expenses, for the payment of interest and indebtedness, in whole or in part, of said city, and for other purposes authorized by law.
The Tax Assessor shall assess and apportion said tax on the inhabitants and ratable property of said city as of the 31st day of December, 2015 at twelve o'clock Eastern Standard Time, according to law, and shall on completion of said assessment, date and sign same and shall make out and certify to the Tax Collector of the City of East Providence, who is charged with the duties for the collection of taxes, on or before the 15th day of June, 2016 a complete list of the names of the persons taxed and of the total value of all the real estate and personal property assessed against each person, and also the amount of registered motor vehicles and trailers assessed against each person, and also the total amount assessed against each person on said real estate, personal estate and registered motor vehicles and trailers, opposite the name of the person or persons assessed. Upon receipt of the certified tax list by the Tax Collector, she shall proceed and collect said tax on the persons and estates liable thereof; said tax shall be due and payable on and between the 1st day of June 2016 and the 1st day of July, 2016 and provided further that if said tangible personal property, motor vehicle, and real estate taxes are paid in full on or before the 1st day of July, 2016, a discount of one and one half per centum (1.5%) of the total taxes on said tangible personal property, motor vehicles, and real estate shall be granted, and all taxes remaining unpaid on the 1st day of July, 2016 shall carry until collected a penalty at the rate of twelve per centum (12%) per annum from the 1st day of June, 2016 upon said unpaid tax, however, said taxes may be paid in four installments; the first installment of twenty-five per centum (25%) on or before the 1st day of July, 2016, the second installment of twenty-five per centum (25%) on or before the 1st day of September, 2016, the third installment of twenty-five per centum (25%) on or before the 1st day of December, 2016 and the fourth installment of twenty-five per centum (25%) on or before the 1st day of March, 2017.
Each installment of taxes if paid on or before the last day of each installment period successively in order shall be free from any charge of interest.
If any succeeding installment of taxes is not paid by the last date of the respective unpaid balance period or periods as they occur, then the whole tax or remaining unpaid balance of the taxes as the case may be shall immediately become due and payable and carry until collected a penalty at the rate of twelve per centum, (12%) per annum.
SECTION ll. That any of said taxes not paid on or before the 1st day of March, 2017 shall forthwith be collected by levy upon the sale of real estate upon which it is assessed and by that or other due process of law in case of assessment upon personal property.
SECTION III. This ordinance shall take effect upon its second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
Requested By: Mayor Rose
A motion to approve the Ordinance for final passage is made by Assistant Mayor Cunha, seconded by Councilman Britto and on a roll call vote it is unanimous.
A motion to dispense with the reading of the Ordinance is made by Councilman Conley, seconded by Councilman Britto and on a roll call vote it is unanimous.
B. AN ORDINANCE AUTHORIZING THE DIRECTOR OF FINANCE TO BORROW FUNDS IN ANTICIPATION OF TAXES
SECTION I. The Director of Finance is authorized to borrow during the fiscal year ending October 31, 2016 such sums of money in anticipation of the property taxes of the year as may be permitted by law for the purpose of meeting the current liabilities and expenses of the City and that the Director of Finance is authorized to issue the note or notes of the City therefore and to refund such note or notes and any tax anticipation notes of a prior year to the extent permitted by law.
SECTION II. This ordinance shall take effect upon its second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
Requested By: Mayor Rose
A motion to approve the Ordinance for final passage is made by Assistant Mayor Cunha, seconded by Councilman Britto and on a roll call vote it is unanimous.
A motion to dispense with the reading of the Ordinance is made by Councilman Britto, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
C. AN ORDINANCE AUTHORIZING THE DIRECTOR OF FINANCE TO BORROW FUNDS IN ANTICIPATION OF REVENUE
SECTION I. The Director of Finance is authorized to borrow during the fiscal year ending October 31, 2016 such sums of money in anticipation of the sewer use fee revenue of the year as may be permitted by law for the purpose of meeting the current liabilities and expenses of the City and that the Director of Finance is authorized to issue the note or notes of the City therefore and to refund such note or notes and any revenue anticipation notes of a prior year to the extent permitted by law.
SECTION II. This ordinance shall take effect upon its second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
Requested By: Mayor Rose
A motion to approve the Ordinance for final passage is made by Councilwoman Capobianco, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous.
D. An ordinance regarding a two ton truck limit for Argyle, President and Reardon Avenues.
A motion to dispense with the reading of the Ordinance is made by Councilwoman Capobianco, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous.
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”
SECTION I. Section 18-224 entitled “Certain trucks restricted on certain streets” of Article VII entitled “Operation of Vehicles” of Chapter 18 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Vehicles and Traffic.” is amended by adding thereto the following:
Argyle Avenue
President Avenue
Reardon Avenue
SECTION II. This ordinance shall take effect upon its second passage and all ordinances or parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Councilwoman Capobianco
A motion to approve the Ordinance for final passage is made by Councilwoman Capobianco, seconded by Councilman Britto and on a roll call vote it is unanimous.
XI. LICENSES REQUIRING PUBLIC HEARING
A. Annual Alcoholic Beverage Renewals
CLASS A (RETAILER)
Barrington Liquors, Inc.
618 Warren Avenue
Broadway Wine & Spirits, Inc. dba Liquor Plus
1015 South Broadway
Clift’s Liquors, Inc.
191 Willett Avenue
Cozy Corporation dba Brookfield Liquors
470 North Broadway
Marvic Enterprises, Inc. dba Jordan’s Liquors
199 Taunton Avenue
McGreens Fine Wine & Spirits, Inc.
1086 Willett Avenue
Riverside Liquors, Inc.
225 Bullocks Point Avenue
Town Liquor Co., Inc. dba Town Wine & Spirits
179 Newport Avenue
Warren Avenue Liquor Market, Inc.
208 Warren Avenue
B-FULL PRIVILEGE (VICTUALING)
141 Corp. dba Uncle Tony’s Pizza & Pasta
141 Newport Avenue
Avenue N Restaurant Group, LLC dba Avenue N
20 Newman Avenue
B. Pinelli, Inc. dba B. Pinelli’s
736 North Broadway
Ban Chiang, Inc. dba Pattaya Thai Cuisine
1050 Willett Avenue
Broadway Lounge, Inc. dba Merrill Lounge
535 North Broadway
Camelia of Istanbul Restaurant, LLC dba Camelia of Istanbul Restaurant
92 Waterman Avenue
Cape Verdean Progressive Center
329 Grosvenor Avenue
Centre Court Inc., The dba The Loft
55 Hospital Road
Chelo’s of East Providence, Inc.
911 Warren Avenue
Chelo’s of Newport Avenue, Inc.
45D Newport Avenue
China Gourmet, Inc. dba China Gourmet Restaurant
181 Willett Avenue
Davenport’s Bar & Grill, Inc. dba Davenport’s Restaurant
1925 Pawtucket Avenue
DL Enterprises, Inc. dba East Bay Tavern
305 Lyon Avenue
Dolces Restaurant, Inc. dba Bovi’s Town Tavern
287-289 Taunton Avenue
East Providence House of Pizza, LLC
187 Willett Avenue
East Providence Yacht Club, Inc.
9 Pier Road
El Azteca Mexican Restaurant, LLC dba El Azteca Mexican Restaurant
335 Newport Avenue
Golden Dragon, LLC dba Young China Restaurant
250 Warren Avenue
Hibachi Grill Supreme Buffet, Inc.
58 Newport Avenue
Holy Ghost Beneficial Brotherhood of Rhode Island
51 North Phillips Street
Holy Ghost Brotherhood of Charity
59 Brightridge Avenue
Ichigo Ichi, LLC dba Ichigo Ichie
5 Catamore Boulevard
Lane Foods Company, LLC dba Gregg’s Restaurant
1940 Pawtucket Avenue
Lees Restaurant and Lounge, Inc. dba Lees Restaurant and Lounge
376 Bullocks Point Avenue
Little Lucy’s Lunch, Inc. dba Red Bridge Tavern
22 Waterman Avenue
Loggia Luce Moderna 1112
99 Hicks Street
Lucky’s American Bar & Grille, Inc.
1175 Warren Avenue
Milho, Albertino dba Al's Place
28 Water Street
Milho, Albertino R. dba Madeira Restaurant
288-290 Warren Avenue
Nulevel Entertainment, LLC dba Comedy Connection
39 Warren Avenue
Our Place on North Broadway, LLC
525 North Broadway
P&G Bowling, Inc. dba East Prov Bowling Ctr.
80 Newport Avenue
Paiva’s Restaurant Corp. dba O’Dinis Restaurant & Tavern
579 Warren Avenue
Pepper Dining, Inc. dba Chili’s Grill & Bar
50 Highland Avenue
Portuguese American Athletic Club
281 Warren Avenue
Pub Ventures, Inc. dba Mulhearn’s Pub
507 North Broadway
PWRPJ, Inc. dba Rockin’ Times
478 Waterman Avenue
Riviera Inn Dining and Banquet Company
580 North Broadway
SAZ, Inc. dba Town Pizza & Family Restaurant
949 Willett Avenue
Square One, LLC dba Oxford Tavern
446 Waterman Avenue
Stevie DS Bar & Grille, LLC dba Stevie D's Riverside Tavern
24 Monroe Avenue
T&T’S 133 Club, Inc. dba 133 Club
29 Warren Avenue
Tasquinha Restaurant, Inc. dba Tasquinha Restaurant
218 Warren Avenue
The 311 Holdings Corp. dba Town Pub
311 Taunton Avenue
Tropical Ilhas, Inc.
472 Waterman Avenue
Watchemoket Bar, Inc. dba Watchemoket Bar
31 Warren Avenue
C (SALOON)
Quattrucci, Carl & Arthur dba Monforte’s Bar
493 Waterman Avenue
D-FULL PRIVILEGE
Agawam Hunt
15 Roger Williams Avenue
Columbus Club of Barrington
1 Viola Avenue
Columbus Club of East Providence
3200 Pawtucket Avenue
East Providence Athletic Club
118 Mauran Avenue
East Providence Fraternal Order of Eagles 1773
334 Waterman Avenue
East Providence Lodge of Elks 2337
60 Berkeley Street
Holy Ghost Brotherhood Mariense
846 Broadway
Metacomet Country Club
500 Veterans Memorial Parkway
Riverside Post Holding Co., Inc.
830 Willett Avenue
Riverside Sportsmans Association
1 Sportsman Drive
Squantum Association
Squantum Club
947 Veterans Memorial Parkway
Teofilo Braga Club
26 Teofilo Braga Way
Trinity Brotherhood
146 Sutton Avenue
Wannamoisett Country Club
96 Hoyt Avenue
B-LIMITED (VICTUALING)
Boston House of Pizza, Inc.
540-542 Taunton Avenue
Bowling Academy, Inc.
354 Taunton Avenue
Chen, Yun Yan dba Mei Sing Chinese Restaurant
2827 Pawtucket Avenue
E B Dragon, LLC dba East Buffet Restaurant
52 Narragansett Park Drive
Farnsworth Café, LLC dba Farnsworth Cafe
302 Willett Avenue
Jeon, Il Sun dba Sun & Moon Korean Restaurant
95 Warren Avenue
Jin Hua Chinese Restaurant, Inc. dba New Buffet Restaurant
1925 Pawtucket Avenue
JPCT Sports, LLC dba Tennis Rhode Island
70 Boyd Avenue
Valest, Justo G. dba Matador
521 Bullocks Point Avenue
Yama Fuji II, Inc. dba Yama Fuji
1080 Willett Avenue
Councilman Conley questioned renewing the license of DL Enterprises as this makes him very uncomfortable as they have a history of violence and are a repeat offender and he is anxious and looks forward to the resolution of the legal matter so the Council can take appropriate action.
Solicitor Chapman explains the motion of stay and RI Law 3-7-6 and the current matter is on appeal.
Mayor Rose also states the establishment is a continuous issue.
A motion to approve is made by Councilman Britto, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous.
XII. LICENSES NOT REQUIRING PUBLIC HEARING
A. Dance Entertainment – re: action taken at the 10/6/15 Council meeting
Tasquinha Restaurant, Inc. DBA Tasquinha Restaurant, 218 Warren Avenue (09214), Herman S. Cabral, 5 Endicott Street, Cranston (02910)
A motion to approve lifting the stipulation is made by Councilwoman Capobianco, seconded by Councilman Britto and on a roll call vote it is unanimous.
XIII. NEW BUSINESS
A. City Manager’s Report (by City Manager, Richard Kirby)
1. Fire Department Apparatus re: action taken at the 10/6/15 Council meeting
The City Manager explains he has reviewed the fire apparatus with the Fire Chief and City Solicitor.
The City Solicitor explains when the Fire Chief was making the presentation the item was listed on the docket as a presentation only with no indication of action to be taken for purchase. He is recommending the matter be reconsidered by being sent back to the City Manager to schedule it for the appropriate vote in the future. This would be done at the regularly scheduled Council meeting of November 3rd. A motion to reconsider and to withdraw the vote to avoid a possible open meetings violation, due to the way it was listed on the agenda, only as presentation and not under the City Manager with a vote would be in order.
Councilman Conley stated that he spoke with the Chief and there is a timeline.
The City Manager stated this is true and he also spoke to the Chief and they would still be on track for this timeline.
A motion to reconsider and withdraw the vote of 10/6/15 is made by Assistant Mayor Cunha, seconded by Councilman Britto and on a roll call vote it is unanimous 4-0 with Councilwoman Capobianco not voting as she was absent at the 10/6/15 meeting and was unable to vote on the original motion.
2. Auditor Selection
The City Manager states that he has reviewed this item with the Finance Director and recommends approval.
A motion to approve is made by Councilwoman Capobianco, seconded by Councilman Britto and on a roll call vote it is unanimous.
B. Reports of Other City Officials
1. Claims Committee Report (by City Solicitor Timothy Chapman)
A motion to approve the Claims Committee Report is made by Councilwoman Capobianco, seconded by Councilman Britto and on a roll call vote it is unanimous.
C. Report of School Committee Liaison
There is no report from the School Committee Liaison.
D. Introduction of Ordinances
1. An ordinance regarding an amendment to the Carousel Commission.
A motion to dispense with the reading of the Ordinance is made by Councilwoman Capobianco, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous.
AN ORDINANCE IN AMENDMENT OF CHAPTER 2 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “ADMINISTRATION”
SECTION I. Sec. 2-52 entitled “Membership; appointment of members” of Division 2 entitled “Carousel Park Commission” of Article III entitled “Boards, Committees, Commissions” of Chapter 2 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Administration” is amended to read as follows:
Sec. 2-52. Membership; appointment of members.
The carousel park commission shall consist of 18 20 residents of the city, to include a member of the city council selected by the council; two members from each of the four wards of the city, nominated by the council person from each ward; two members nominated by the council person at-large; one member at-large nominated by the mayor; the city manager or his representative; a member of the historic properties designation and study commission appointed by majority vote of the council and the superintendent of schools or his representative; and three five alternate members appointed by majority vote of the council to be designated as the first, second, and third, fourth, and fifth alternate members. These alternate members may actively participate in meetings. The first alternate shall vote if one member of the commission is absent, the second alternate shall vote if two members of the commission are absent, and the third alternate shall vote if three members are absent, the fourth alternate shall vote if four members are absent, and the fifth alternate shall vote if five members are absent. In the absence of the first alternate member, the second alternate member shall serve in the position of the first, and in the absence of the second alternate member, the third alternate member shall serve in the position of the second, in the absence of the third alternate member, the fourth alternate member shall serve in the position of the third, and in the absence of the fourth alternate member, the fifth alternate member shall serve in the position of the fourth. The selection of public members shall be from residents demonstrating an avid interest in the welfare of the carousel park properties and particular abilities to contribute to the commission, including but not limited to historic preservation, architecture, community heritage, public relations, environmental appreciation, fundraising, and community involvement. Each nominee for membership in the commission shall be elected by the entire city council.
SECTION II. This ordinance shall take effect upon its second passage and all ordinances or parts of ordinances inconsistent herewith are hereby repealed.
City Clerk of East Providence, Rhode Island
Requested by: Mayor Rose and Assistant Mayor Cunha
A motion to approve the Ordinance for first passage is made by Assistant Mayor Cunha, seconded by Councilman Britto and on a roll call vote it is unanimous.
XII. ADJOURNMENT
A motion to Adjourn at 9:38PM is made by Councilman Britto, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
Approved by Council: November 3, 2015
Attest: _______________