CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
8:00 P.M.
The City Council meets in the Chamber on Tuesday August 12, 1997, 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 )
Peter F. Midgley )
Norman J. Miranda )
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 Joseph S. Larisa, Jr.
APPROVAL OF COUNCIL JOURNALS
Regular Meeting - July 15, 1997
Executive Session - Negotiations - July 15, 1997
Executive Session - Council Appointees Job Performance and Review - July 15, 1997
Coastal Resources Management Council
File No. 97-7-1 - FINDING OF NO SIGNIFICANT IMPACT
Replace failed septic system. Individual sewage disposal system; 1 Waterman Ave, Plat 105, Lot 17. (Red Bridge Properties)
File No. 1912-97 - CEASE & DESIST
Reinstalled an unauthorized boat dock into tidal waters, location; Block 23, Parcel 8, 60 Riverside Drive. (Michael & Edith Mandryk)
File No. 97-7-43 - Construct and maintain the reconstruction and replacement of an existing gravel boat ramp with two (2) 12'x92' concrete ramps including the installation of a single fixed handicapped accessible 8'x90' wooden dock; replacement of an existing 16'x18' wooden floating boat dock and a 4'x24' wooden pier with a 16'x16'wood dock and a 4'x24' aluminum gangway. The City also proposes to reconstruct and provide an asphalt surface to an existing gravel entrance road and parking area accommodating 33 parking spaces. (City of East Providence)
File No. M7-7-59 - FINDING OF NO SIGNIFICANT IMPACT
Requesting to replace roof shingles, replace bow window and door. Replace 4'x16' float and mooring piling, located at; 184 Riverside Drive, Plat 414 (21), Lot 4. (Joseph A. Kumiega)
File No. 97-7-76 - FINDING OF NO SIGNIFICANT IMPACT
Install 120' of sewer to be connected to existing City line replacing old cesspool, located at; 1431 So Broadway, Plat 108, Lot 8. (Emilleo Butterworth)
File No. 1788-97 - NOTICE OF VIOLATION - (Manuel F. and Lusa M. Sousa)
Undertaken dumping of brush on coastal wetlands, located at; 1449 So Broadway, Map 108, Block 1, Parcel 7.
File No. B97-5-56 - ASSENT - (P&WR)
Applied for maintenance dredge 2,300 cubic yards of material from north berth (north side) of Wilkes Barre Pier, to restore depth to -40'MLW; disposal material in CRMC approved "South Quay" site (CRMC file no. 74-2-1 and 86-5-73).
Department of Environmental Management - Permit To Alter Freshwater Wetlands Application No. 95-0429 - Approximately 170 feet east-southeast of No Broadway, at Utility Pole No. 1/2, approximately 600 feet northeast of the intersection of Roger Williams Ave, Centre St and No Broadway; Map 404, Block 3, Parcel 4. (G. Wayne Zoppo, Golf Course Supert., Agawam Hunt)
Abatements/Cancellations - City Assessor requesting cancellation of taxes as follows:
Year Amount
1997 $ 107,993.05
1996 1,546.89
1995 306.46
(Permission to advertise) - Alcoholic Beverage - Class B - Full Privilege (Victualer) Applicant - Dino's Restaurant, Inc. dba - Dino's Restaurant, 1235 Wampanoag Trail
(Permission to advertise) - Alcoholic Beverage - Class B - Full Privilege (Victualer) Transfer - From - Herman Gaipo - dba 1 River Street To: - Mindelo Restaurant dba 1 River St.
Town of North Smithfield - Resolution - In support for the Quonset Access Road and Third Rail Improvement Program
TO APPROVE THE CONSENT CALENDAR
Motion is made by Mr. Larisa, seconded by Mr. Lynch, to remove from the Consent Calendar the minutes of the two Executive Sessions of July 15, 1997 and the Abatement/Cancellations, and to approve the Consent Calendar as amended. Motion passes unanimously on a roll-call vote.
Motion is made by Mr. Larisa, seconded by Mr. Lynch, to approve and keep closed the Executive Session minutes of July 15, 1997 regarding Council Appointees Job Performance and Review. Motion passes unanimously on a roll-call vote.
Motion is made not to approve at this time and leave the minutes of the July 15, 1997 Executive Session regarding Negotiations open for amendment at tonight's Executive Session. Motion passes unanimously on a roll-call vote.
Mr. Larisa questions Mr. McDonald on the amount of cancellation of taxes, and he is told the amount is because of the revaluation. Mr. Larisa asks Mr. McDonald to prepare a report for the next Council meeting on the total abatement figure for the year and on the budget impact.
Motion to approve the Abatements/Cancellations is made by Mr. Larisa, seconded by Mr. Lynch, and voted 5-0.
Russell Frye Day - August 12, 1997
James Vincent accepts the proclamation for Mr. Frye.
Secondhand/Appliances - John A. Paon, dba AJ Appliance, 190A Newport Avenue
John A. Paon, 76 Rhode Island Avenue, Pawtucket, is present and sworn.
On motion of Mr. Lynch, seconded by Mr. Larisa, it is unanimously voted on a roll-call vote to grant the license, subject to approvals from the Chief of Police and Building Inspector.
Alcoholic Beverage - Class F-1 - August 22, 1997 - Employee Reunion Party
Carousel Park Commission, Bullocks Point Ave
John Poirier, Carousel Park Commission Chairman, is present and sworn.
Unanimously voted to approve the license on motion of Mr. Lynch, seconded by Mr. Larisa.
Alcoholic Beverage - Class F-1 - September 19,20,21,1997 Carousel
Park Commission, Bullocks Point Ave - 3rd Annual Weekend Celebration
Unanimously approved, on motion of Mr. Lynch, seconded by Mr. Miranda.
Yard Sale - Raymond Altomari, 34 Arlington St.
The applicant is not present. Mr. Miranda speaks on the issue and says he received many complaints from neighbors. He makes a motion to deny the license. Mr. Lynch seconded the motion, which passes 5-0.
Employment Agency - H.C. Watson Co., dba Interim Personnel, 1017 Waterman Avenue
Julia Curran, Seekonk, Massachusetts is present and sworn.
On motion of Mr. Miranda, seconded by Mr. Lynch, it is voted unanimously to approve the license, subject to approvals from the Chief of Police and Building Inspector.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
ORDINANCES - FINAL PASSAGE (Given first passage July 15, 1997) Advertised - Providence Journal - July 18, 1997
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 X entitled "Stopping, Standing and Parking." Subsection 18-307 entitled "Parking prohibited at all times." deleting:
HOPPIN AVENUE (south side) from PAWTUCKET AVENUE easterly for one hundred sixty (160) feet between 6:00 PM and 8:00 AM. (Director of Public Works) CHAPTER NO. 442
The above-entitled ordinance is called for hearing. There are no public comments.
On motion of Mr. Miranda, seconded by Mr. Midgley, it is voted 5-0 on a roll-call vote to adopt said ordinance.
2) 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 IX entitled "Stop Intersections", Subsection 18-269 entitled "Stop and yield
intersections designated; when stops required.", adding:
CLAIRE STREET (southbound traffic), at its intersection with CRESCENT VIEWAVENUE.
CHAPTER NO. 443 (Director of Public Works)
The above-entitled ordinance is called for hearing. There are no public comments.
On motion of Mr. Larisa, seconded by Mr. Midgley, it is unanimously voted on a roll-call vote to adopt said ordinance.
3) 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 IX entitled "Stop Intersections", Subsec 18-269 entitled "Stop and yield intersections
designated; when stops required", adding:
CUMBERLAND ROAD, (southbound traffic), at WATERVIEW AVENUE". (Director of Public Works)
CHAPTER NO. 444
The above-entitled ordinance is called for hearing. There are no public comments.
On motion of Mr. Miranda, seconded by Mr. Midgley and on a unanimous roll-call vote, said ordinance is adopted.
4) AN ORDINANCE IN AMENDMENT OF CHAPTER 8 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "LICENSES AND BUSINESS REGULATION.", which amends Sec 8-142 entitled "Application; issuance; expiration."
CHAPTER NO. 445 (Norman J. Miranda)
The above-entitled ordinance is called for hearing. There are no public comments.
On motion of Mr. Miranda, seconded by Mr. Larisa, and on a unanimous roll-call vote, said ordinance is adopted.
5) AN ORDINANCE IN AMENDMENT OF CHAPTER 17 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED, "UTILITIES.", which amends Sec I. Article III. entitled "Sanitary Sewer Systems.", Sec 17-76 entitled "Definitions." As follows:
Sec I. Sec 17-76 entitled "Definitions.", by adding definitions
Sec II. Sec 17-76 entitled "Definitions", by deleting definitions
Sec III. Sec 17-76 entitled "Definitions", by changing definitions
Sec IV. Sec 17-77 entitled "Abbreviations.", by adding abbreviations
Sec V. Sec 17-77 entitled "Abbreviations.", by deleting abbreviations
Sec VI. Sec 17-85 entitled "Notice of violations; penalties; disconnection of
sewer; liability for costs, expenses, etc., of violations, Subsec (a)
Sec VII. Sec 17-159 entitled "General Discharge Prohibitions."
Sec VIII. Sec 17-159 entitled "Pollutant Limitations"
Sec IX. Sec 17-164 entitled "Accidental discharge/Slug Control Plans
Sec X. Sec 17-166 entitled "Administration", Subsec (b) and
Sec XI. Sec 17-166 entitled "Administration", Subsec (g)
Sec XII. Sec 17-167 entitled "Enforcement; penalty; costs"
CHAPTER NO. 446 (Director of Public Works)
Mr. Conley says this is a sewer use ordinance that was brought before the Council on prior occasions but had to be adjusted for DEM requirements. Mr. Midgley questions if this ordinance adds a sewer use fee, and Mr. Conley says it does not affect a sewer use fee for residents, but has to do with industrial discharge.
On motion of Mr. Larisa, seconded by Mr. Midgley and on a unanimous roll-call vote, said ordinance is adopted.
6) 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 Sec I. Article IX entitled "Stop Intersections.", Subsec 18-269 entitled "Stop and yield
intersections designated; when stops required.", adding:
ALLEN AVENUE (eastbound and westbound traffic), at READ STREET;
DORR AVENUE(eastbound and westbound traffic), at READ STREET;
FENNER AVENUE (westbound traffic), at SMITH STREET.
CHAPTER NO. 447 (Director of Public Works)
The above-entitled ordinance is called for hearing. There are no public comments.
On motion of Mr. Midgley, seconded by Mr. Miranda and on a unanimous roll-call vote, said ordinance is adopted.
7) 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 Sec I. Article X entitled "Stopping, Standing and Parking.", Subsec. 18-315 entitled
"Reserved parking designated--Handicapped parking.", deleting:
MAPLE AVENUE (north side), in front of house number 113, from a point twenty-two (22) feet east of NARRAGANSETT AVENUE intersection easterly forty (40) feet.
Sec II. Article X entitled "Stopping, Standing and Parking.", Subsec 18-315 entitled "Reserved parking designated--Handicapped parking", adding:
Maple Ave (north side), in front of house number 113, from a point approximately one hundred (100') feet east of the NARRAGANSETT AVE intersection easterly twenty (20') feet
CHAPTER NO. 448 (Director of Public Works)
The above-entitled ordinance is called for hearing. There are no public comments.
On motion of Mr. Midgley, seconded by Mr. Larisa and on a unanimous roll-call vote, said ordinance is adopted.
Mr. Lemont speaks on the Omnipoint proposal to place equipment at Pierce field and compensate the City. Mr. Larisa asks Mr. Lemont to find out what other communities are being offered. After further discussion, motion to refer the matter to the Planning Board is made by Mr. Larisa and seconded by Mr. Miranda. Motion passes 5-0.
Mr. Lemont speaks on a proposal by AT&T. which will replace the Fire Department Communications tower. He says if AT&T wants to use the tower in the future, they would have to renegotiate with the City. After further discussion, motion to refer to the Planning Board is made by Mr. Miranda, seconded by Mr. Larisa, and voted 5-0.
Mr. Lemont states that American Disposal is purchasing Macera Brothers, and he is asking for approval of transferring the recycling contract. After further discussion, motion to approve is made by Mr. Larisa, seconded by Mr. Midgley, and voted 5-0.
Mr. Lemont states that the proposal for a tower on Sachem Road has been withdrawn because of the neighborhood opposition. He says that AT&T still needs something in the Riverside area and he is looking for an alternative site.
Steve Mutter, Recycling Coordinator, speaks on the issue of condominium trash removal. He says once the City starts applying public works services to condominiums, they could start approaching the City for other services, such as snow
plowing, etc. Mr. Midgley says his question was whether the condominium residents could be offered the same rate as the City is currently paying for trash removal, and asks that the issue be discussed when the next contract needs to be signed.
Mr. Larisa request Mr. Mutter to speak with representatives of Bowen Court, Stonegate and Riverwoods and get back to the Council with information on what they pay and where they dump.
Mr. Midgley says he wants it on record that he has no intention of supporting snow removal for condominiums.
At the request of Mr. Lemont, a motion is made by Mr. Midgley, seconded by Mr. Miranda, and unanimously voted to go into Executive Session at the end of the meeting to discuss negotiation.
The meeting recesses at 9:15 P.M. and reconvenes at 9:25 P.M.
William J. Conley, Jr, City Solicitor addresses the Council regarding the Enforcement Response Plan. He explains that this plan enforces sewer use regulations in the ordinance just passed. Motion to approve is made by Mr. Miranda, seconded by Mr. Lynch, and voted 5-0.
James F. McDonald, Finance Director, makes a request of the Council forauthorization to transfer $3,000.00 from contingency fund to Minimum Property Standards account. Mr. McDonald explains to the Council that this transfer is
needed to pay for the services provided by the City to clean up property when people can't do it. He says the City places a lien on the property until the money is paid back. Mr. Conley explains the procedures used for minimum housingviolations.
Discussion is held on the possibility of setting up a separate account to avoid having to ask for a transfer from the Contingency Fund.
Motion to approve the request is made by Mr. Miranda, seconded by Mr. Lynch, and unanimously voted.
CLAIMS COMMITTEE
On motion of Mr. Miranda, seconded by Mr. Lynch, and on a unanimous roll-call vote, it is voted to accept the Claims Committee report as presented.
Mayor Grant speaks on a moratorium on Cellular Towers that require Zoning variances or Zoning change. Mr. Conley says that the present zoning code addresses the location of cellular towers and allows them in a I-3 zone and also
there is allowable use in open space. He says there is a 30 ft. height requirement as well. He goes on to say that the City Council cannot ban the towers or put a moratorium on them, but there are avenues in place with the Zoning Board that can deal with the issue and the City has good controls in place. He says the City anticipated the invasion of these towers and does have regulations in place that allow for legal and significant control over the location of the towers.
Mayor Grant speaks about signs placed on poles. He says there is a City ordinance that addresses the issue and requires yard sales signs to be removed with 24 hours after the yard sale. Mr. Midgley says that the nails and spikes
left in poles create a hazard for utility workers that have to climb the poles. Mayor Grant speaks on the drainage problem at Sabins Point and asks Mr. Lemont to get back with a report on the check valve.
Mayor Grant speaks on the property at Squantum Woods that the State deeded over to the City. Mr. Lemont reports that Bradley Hospital is interested in making another parking lot, and he tried to make a switch with them to swap a piece of their land that would give them a parking lot and the City a path, but the State would not allow it. He says he will pursue the issue.
Mayor Grant speaks on a proposed City lottery and says the money would generate about $1 million for the purchase of equipment for schools. He says he is not in favor of gambling, but brought the subject up to bring attention to the problem of school funding and asks that people start thinking on ways to create funds.
Mr. Larisa says the issue would need to be voted on by the voters in the City and in the State, and it would be illegal without the vote. He says that when gambling was first introduced to the State in the form of lotteries, the money was going to fund education, but to this day it has not.
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: Sec I. Article IX entitled "Stop Intersections.", Subsec 18-269 entitled "Stop and yield intersections designated; when stops required.", adding:
CRESCENT AVENUE (southbound traffic), at LINCOLN AVENUE. (Requested by the Department of Public Works)
The above-entitled ordinance is introduced and on a unanimous roll-call vote on motion of Mr. Midgley, seconded by Mr. Miranda, is given first passage.
(Appointment of Councilman Norman J. Miranda)
On a motion by Mr. Larisa, seconded by Mr. Lynch, it is unanimously voted to appoint Julie Silva, 114 Second Street 02914 to the Beautification Committee.
(Appointment of Councilman Gerald R. Lynch)
Mr. Miranda makes a motion, seconded by Mr. Lynch and unanimously voted, to appoint Jason Dolman, 42 No. Phillips Street 02914 as a Special Police Officer for the term expiring December 1, 1997, subject to conformance with all the rules and regulations.
Becky Morency & Colleen Pereira, 25-29 Harvey Avenue, come before the Council to request closing off Harvey Avenue at its intersection with Willett Avenue to Fenner Avenue, and to Elinora Street from 2:00 P.M. to 9:00 P.M. on August 23, 1997 for a Block Party. Motion to approve is made by Mr. Midgley, seconded by Mr. Lynch, and voted 5-0.
Mr. and Mrs. Steven J. Pimental, 51 Bristol Avenue, come before the Council to request closing off 51 Bristol Avenue to Alden Avenue from 2:00 P.M. to 9:00 P.M. on September 13, 1997 for a Block Party. Motion is made by Mr. Miranda, seconded by Mr. Lynch, to make the petition part of the record. Motion to approve is made by Mr. Larisa, seconded by Mr. Lynch, and voted 5-0.
Motion is made by Mr. Larisa and seconded by Mr. Miranda to go into Executive Session to discuss negotiations. Motion passes unanimously on a roll-call vote.
The meeting recesses at 10:25 P.M. and goes into Executive Session.
(Executive Session - Negotiations)
The meeting reconvenes at 10:55 P.M. and adjourns at 10:55 P.M.
Attest:
Valerie A. Perry, CMC
City Clerk Approved:_________________