CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
TUESDAY,
8:00 P.M.
The City Council meets in the Council Chamber on Tuesday, January 7, 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 led by Councilman Norman J. Miranda.
Salute to the Flag is led by Councilman Joseph S. Larisa, Jr.
TO APPROVE THE CONSENT CALENDAR
On motion of Mr. Miranda, seconded by Mr. Larisa and on a unanimous roll-call vote with all Councilmen present and voting, it is voted to approve the Consent Calendar.
APPROVAL OF COUNCIL JOURNALS
Regular Meeting - December 17, 1996
Department of Environmental Management - Insignificant Alteration – Permit File No. - 96-0445
Submitting application below in reference to location below:
approximately 190 feet south of the end of an access road, approximately 900 feet southwest of Commercial Way, also approximately 1700 southwest of the intersection of Commercial Way and Taunton Avenue, Assessor's Map 506, Block 1, Lot 7. (Stephen Gentile)
Coastal Resources Management Council - RESIDENTIAL ASSENT
Assent No. - A96-12-2
Requesting approval "As Built", of concrete block retaining walls, stone placement on lawn adjacent to beach, two rail fence, located at Map 312, Block 65, Lot 15, 98 Knowlton St. (Paul T. Darrigan)
Town of Richmond - Resolution
By Patricia A. Valliere, CMC, Town Clerk
Resolution, EDUCATIONAL FINANCIAL SUPPORT
Alcoholic Beverage - Class F - 19 hours beginning at 6:00 A.M. on January 18, 1997
Applicant - St Martha's Church CYO
Location - 2595 Pawtucket Avenue
Alcoholic Beverage - Class F - 19 hours beginning at 6:00 A.M. on January 26, 1997
Applicant - St Martha's Church CYO
Location - 2595 Pawtucket Avenue
All CC items are voted and passed on one vote.
SHOW CAUSE HEARING -(To determine status of license)
Applicant - Brownie's Bar & Grille, Inc.
dba - Brownie's Bar & Grille
Location - 22 Waterman Avenue
Approved: Chief of Police, Building Inspector, Health Inspector
David A. Brown, 8 Stadley Street, Attleboro, Massachusetts is present and sworn. Attorney David Silva, representing the applicant, addresses the Council and says Mr. Brown has taken steps to alleviate the concerns of the neighbors. He says Mr. Brown has agreed to hire a police detail during the summer months. He asks the Council not to put further restrictions on the license.
Mr. Miranda speaks on the parking situation on Birch Street and says the neighbors have a right to park in front of their property. He says the parking problem has to be addressed.
Richard Cabral, 22 Birch Street, is present and sworn. Mr. Cabral states that things have been better since the last meeting, but he still has trouble with the noise level from the karoke. He says he believes the license states live music is
to cease at midnight. He says the Council agreed to a jukebox, but karoke was put in at the last minute.
Mr. Midgley asks Mr. Cabral if any of the neighbors have asked Mr. Brown to talk with them about the problems and Mr. Cabral responds that they have not been able to get Mr. Brown's telephone number.
Paul Silver, 30 Birch Street, is present and sworn. Mr. Silva states that Mr. Brown has done a good job of cleaning up the property and he asks that the dumpster be closed after the bottles are dumped. He also says he can still hear the music.
Mr. Miranda asks Mr. Lemont to check with the Police Chief in the morning to find out what police officer was dispatched to Brownie's the previous Saturday evening.
Lt. Norman J. Miranda, Jr. addresses the Council regarding his report. He says there is noise coming from the building when the karoke is being played but the noise does not exceed the law. He makes suggestions regarding the police detail during the summer months and suggests parking on Birch Street for residents only and their designated guests. He says the karoke level can be lowered. He also says the Police Department should continue its involvement.
Answering questions from the Council, Lt. Miranda states that he monitored the noise at different times. He states that Mr. Brown has been very cooperative with the Police Department.
Mr. Miranda asks Mr. Conley if he would be in conflict by asking Lt. Miranda questions due to the fact that Lt. Miranda is his son, and Mr. Conley responds that he would not. Mr. Miranda proceeds to question Lt. Miranda.
Mr. Lynch questions Mr. Brown as to why the neighbors can hear the karoke outside of the building, when the jukebox turned up all the way can't be heard outside. Mr. Brown says he does not know why, but is willing to lower the level of the karoke. Mr. Larisa asks Mr. Brown if he can lower the level of the karoke to the same level that the jukebox is played, and Mr. Brown says he can try. Mr. Larisa also asks Mr. Brown to give out his telephone number to the neighbors.
Further discussion is held on the noise level of the karoke and Attorney Silva says Mr. Brown is willing to lower the noise level. It is decided that the music will be no louder than a decibel level to be approved by the East Providence Police Department.
After further discussion, Mr. Larisa makes a motion to grant the renewal of the Dance/Entertainment License for Brownie's Bar & Grille to July 16, 1997, with the stipulation that the karoke halt at midnight remain in place and that a further stipulation be added that karoke music shall be no louder than a reasonable decibel level approved by the East Providence Police. Motion is seconded by Mr. Midgley and roll-call vote is taken with all Council members present and voting. Motion passes unanimously.
Secondhand/Auto & Trucks – Transfer
From - Viking Chevrolet GEO Inc
To - Paul Masse Chevrolet GEO, Inc
Location - 1111 Taunton Avenue
Subject to approvals from: Chief of Police, Building Inspector
Applicant not present. Motion is made by Mr. Miranda, seconded by Mr. Larisa, to defer the matter to the next Council meeting, scheduled for January 21, 1997. Motion passes 5-0
Victualling/Not over 25 – Transfer
From - Nasir M. Abbasi
dba - M & N Mart
To - Shoaibullah Khan
dba - Convenience Plus Inc
Location - 548 Willett Avenue
Subject to approvals from: Chief of Police, Building Inspector, Health Inspector
Shoaibullah Kahn, 548 Willett Avenue is present and sworn. Motion to approve is made by Mr. Midgley, seconded By Mr. Larisa, and voted 5-0.
Sunday/Holiday Sales – Transfer
From - Nasir Abbasi
dba - M & N Mart
To - Shoaibullah Khan
dba - Convenience Plus Inc
Location - 548 Willett Avenue
Subject to approval from: Chief of Police
Motion to approve is made by Mr. Larisa, seconded by Mr. Miranda, and voted 5-0.
Mr. Larisa requests Unanimous Consent for item #1 of the Addendum . All Council members agree.
Victualling/ Class 3 (Not more than 25)
Applicant - Portabella Deli, Inc
dba - Portabella Deli
Location - 1235 Wampanoag Trail
Subject to approvals from: Chief of Police, Building Inspector, Health Inspector
John Rao, Jr. 3 Bagey Wrinkle Cove, Warren Rhode Island is present and sworn.
Motion to approve is made by Mr. Larisa, seconded by Mr. Miranda, and unanimously voted on a roll-call vote with all Council members present and voting.
The meeting recesses at 9:25 P.M. and reconvenes at 9:35 P.M. with all Council members present and voting.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
ORDINANCES - FINAL PASSAGE - (Given First Passage December 17, 1996)
Advertised - Providence Journal - December 20, 1996
1*) AN ORDINANCE IN AMENDMENT OF CHAPTER 13 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "PUBLIC PLACES.", which amends:
Section 13-37 entitled "Membership; appointment and terms of members"
CHAPTER NO. 422
The above-entitled ordinance referred to this time and place for a public hearing and consideration of final passage, is called for hearing.
Mayor Grant states that this ordinance increases the number of Ancient Little Neck Cemetery Commission members to five.
On motion of Mr. Midgley, seconded by Mr. Larisa, and on a unanimous roll-call vote with all Council members present and voting, said ordinance is adopted.
2*) AN ORDINANCENANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "MOTOR VEHICLES AND TRAFFIC .", which amends:
Subsection 15 of Section 18-13 entitled "Traffic fines."
CHAPTER NO. 423
The above-entitled ordinance referred to this time and place for a public hearing and consideration of final passage, is called for hearing.
Mr. Conley states that this ordinance sets the fines for handicapped parking to coincide with the State Law.
On motion of Mr. Larisa, seconded by Mr. Miranda, and on a unanimous roll-call vote with all Council members present and voting, said ordinance is adopted.
City Official Report - (Continued from December 17, 1996)
By James F. McDonald, Finance Director
Re: Approval of Dental Contract for 1996-1997
Mr. Lemont requests that the item be tabled until he has the opportunity to meet with the union representatives. Motion to defer to the next Council meeting to be held January 21, 1997, is made by Mr.Midgley, seconded by Mr. Larisa, and voted 5-0.
The Claims Committee Report is unanimously accepted on motion by Mr. Larisa, seconded by Mr. Miranda.
(By Mayor Rolland R. Grant)
1) Moratorium on cellular towers
Mayor Grant speaks on the issue of cellular towers going up in the City and asks Mr. Conley who will receive the revenue from these towers, the City or State. Mr. Conley responds that the issue is still in the planning stages and he would need to see the final regulations promulgated before a decision can be made on how to proceed. He says he is not convinced that the City will be getting these towers, and urges the Council what steps should be taken. He also says that if the proposal is not monitored, the City risks the possibility of not being prepared.
Mr. Lemont speaks on the issue and says he believes this will be a zoning issue and feels confident the City will have the right to zone any towers.
2) Further explanation of the "Think Tank".
Mayor Grant urges citizens to become involved in the "Think Tank" and says the City needs people who are willing to put their time in to making the City better. He says the issues will include the harbors, streams and rivers, and the lack of business in the City.
Mr. Lemont states that the City received inventory tax on the oil tanks, and has lost considerable revenue since the tanks have diminished. He says boats are landing in East Providence and piping gasoline through the City to Springfield, and suggests there should be a landing fee or some kind of fee for that product that we are not getting tax dollars for.
3) Harbormaster's Boat
Mayor Grant speaks on the sinking of the Harbormaster's boat and says there is a need to put regulations on employees the City hires.
Mr. Lemont explains what happened to the boat and says that part of the engine is insured. He says the taxpayers are not paying for this, that the mooring fees cover all expenses. He also says that dual rates for residents and non-residents will be discussed.
4) Taxes and Revaluation
Mayor Grant says that every Councilman received many telephone calls on the revaluation. He explains that the Council does not set the tax rate and says it is important for people to call the revaluation people to complain. He says if the taxpayers have adequate proof that their revaluation is unfair, they should appeal to the Tax Board of Review.
Mr. Lynch says that if people feel their home is rated much higher than it is marketable, they should appeal.
Mr. Miranda states that he believes the legislature should repeal the law on revaluation. He also asks the Council to make sure there is a person involved in the revaluation program that can relate to the Portuguese community. Mr. Lemont tells him that this has been done before.
Mr. Larisa says that people should compare their rate with their neighbors and to look at property similar to their own. He says that people attending the revaluation meeting can find out what other properties are being valued at.
Mr. Midgley encourages anyone with a complaint about the revaluation to make an appointment with the revaluation company.
5) Advertisement for Two Court Clerks/Tellers
Mayor Grant asks the City Clerk what regulations are in place in the ordinance governing Court Tellers. The City Clerk responds that there are no regulations in the ordinance, but the criteria used is spelled out in the advertisement, i.e., computer experience , typing, filing, and general office procedures. Mayor Grant requests a Closed Session to discuss this under Personnel. Mr. Conley says the Council must have a specific topic, such as job performance, to allow a Closed Session. Motion is made by Mr. Larisa, seconded by Mr. Miranda, and voted 5-0 to move this item to the end of the agenda.
(By Councilman Joseph S. Larisa, Jr.)
Competitive bids for Medical Plan Consultants
Mr. Larisa asks for a report from the City Manager as to whether or not the City should go out for RFP's for Medical Plan Consultants. Mr. Lemont asks if this can be put off until the meeting after next, and Mr. Larisa agrees.
Mayor Grant states that these resolutions are to get them into the General Assembly and to get them passed. He says the Legislation will give the Council the power to act on the resolutions.
1) RESOLUTION REQUESTING LEGISLATION AUTHORIZING A DUAL TAX RATE FOR MOTOR VEHICLES IN THE CITY OF EAST PROVIDENCE.
RESOLVE NO. 6
(Requested by Director of Finance)
The above-entitled resolution is introduced and, on motion of Mr. Larisa, seconded by Mr. Miranda, and on a unanimous roll-call vote with all Council members present and voting, is adopted.
2) RESOLUTION REQUESTING LEGISLATION AUTHORIZING HOMESTEAD EXEMPTION FROM REAL ESTATE TAXES IN THE CITY OF EAST PROVIDENCE.
RESOLVE NO. 7
(Requested by Director of Finance)
The above-entitled resolution is introduced, and on motion of Mr. Larisa, seconded by Mr. Miranda, and on a unanimous roll-call vote with all Council members present and voting, is adopted.
3) RESOLUTION AUTHORIZING THE ESTABLISHMENT OF A DUAL TAX RATE IN THE CITY OF EAST PROVIDENCE FOR TANGIBLE PERSONAL PROPERTY TAXES.
RESOLVE NO. 8
(Requested by Director of Finance)
The above-entitled resolution is introduced, and on motion by Mr. Larisa, seconded by Mr. Midgley, and on a unanimous roll-call vote with all Council members present and voting, is adopted.
Mr. McDonald urges the Council to contact the members of the General Assembly personally asking for their support of the resolutions.
Mayor Grant receives Unanimous Consent to discuss the high school roof. Mr. Lemont says the City did everything possible to get the roof fixed. He says everything was turned over to the School Department at the end of October, and as of last week, no contract has been signed. Mayor Grant tells the City Manager to contact the Superintendent tomorrow.
Mr. Miranda receives Unanimous Consent to discuss the Charity Ball. Mr. Miranda tells the Council that $6,000 was taken in from last year's Charity Ball, and reviews the charities which were designated. He goes on the thank all who contributed and states that the next Charity Ball will be held on February 22, 1997.
AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "MOTOR VEHICLES AND TRAFFIC.", which amends:
Section I. Article XI entitled "Loading Zones.", Subsection 18-332 entitled "Curb Loading Zones.", is amended by deleting therefrom the following:
NARRAGANSETT AVENUE from RIVER STREET southerly for a distance of 100 feet.
Section II. Article XI entitled "Loading Zones.", Subsection 18-332 entitled "Curb Loading Zones.", is amended by adding thereto the following:
NARRAGANSETT AVENUE (east side), from RIVER STREET southerly for a distance of 54 feet from 9:00 A.M. to 2:00 P.M. weekdays.
(Requested by Director of Public Works)
The above-entitled ordinance is introduced.
Herman Gaipo, 1 River Street is present and sworn. Mr. Gaipo answers questions from the Council regarding the loading zone and his need for it. Mr. Gaipo says that the loading zone from 9:00 A.M. to 2:00 P.M. on weekdays is acceptable. He also says that 54' is not enough space, as proposed in the amended ordinance. Mr. Midgley states that Mr. Gaipo's driveway is 33 ft which, together with the proposed 54', would give him a total of 87 ft. for a loading zone. Mr. Gaipo says that is agreeable to him.
Edward Oliver, Jr., 181 Narragansett Avenue, is present and sworn. Mr. Oliver resubmits the petition with the neighbors' signatures, along with additional photographs. He speaks on other loading zones in the City and stresses that this one is not necessary.
Mr. Oliver states that he cannot get out of his driveway when the trucks are unloading. Mr. Larisa says that if that is true, then it is a different issue.
John Rose, 5 Willann Circle, is present and sworn. Mr. Rose states that only two parking spaces will be lost. He says there is plenty of space on the street and thinks Mr. Gaipo needs the full 100 ft. He says the 9:00 AM to 2:00 PM parking ban shouldn't hurt the neighbors.
Daniel Taylor, 5455 No. Main Street, Fall River, Massachusetts is present and sworn. Mr. Taylor says he use to live across from the restaurant and he is employed as a professional truck driver. He says the ordinance will violate the
ordinance of parking to the curb.
After a lengthy discussion, Mr. Larisa says that the City professionals recommended passage of this ordinance, and although he is not sure if Mr. Gaipo has proven his case, he will vote to approve First Passage of the ordinance. He says if Mr. Oliver documents problems with the parking, the issue will be revisited.
Motion to approve is made by Mr. Larisa, seconded by Mr. Miranda, and unanimously voted on a roll-call vote.
ADDENDUM #2
On a motion by Mr. Larisa, seconded by Mr. Midgley, and unanimously voted, Unanimous Consent is given to Mayor Grant for appointments.
Economic Development Commission
On a motion by Mr. Miranda, seconded by Mr. Midgley, Jeffrey West, 25 Wilson Avenue is unanimously appointed to the Economic Development Commission for a term to expire November 19, 2000.
Carousel Park Commission
On motion of Mr. Larisa, seconded by Mr. Miranda, the following are unanimously reappointed to the Carousel Park Commission for a term to expire in January, 2000.
Henry Caparco 4 Allerton Avenue 02914
John Poirer 15 Buckthorne Avenue 02915
Michael Reynolds 41 Barnsdale Road 02915
Senior Citizens Advisory Board
On motion by Mr. Miranda, seconded by Mr. Larisa, the following are unanimously reappointed to the Senior Citizens Advisory Board.
Marge Babbitt 90 Forbes Street 02915
Louise King 35 Greenwich Avenue 02914
Edna Snow 128 Allerton Avenue 02914
Motion is made by Mr. Larisa, seconded by Mr. Midgley, to go into Closed Session to discuss Personnel Job Performance. Motion passes unanimously on a roll-call vote.
The Open Session recesses at 11:20 P.M. and goes into Closed Session.
JANUARY 7, 1997
PERSONNEL JOB PERFORMANCE
The Open Session is called back to order at 11:40 P.M. on a motion by Mr. Midgley, seconded by Mr. Miranda, and voted 5-0.
Motion is made by Mr. Larisa, seconded by Mr. Midgley, to authorize the City Clerk to advertise for two (2) Municipal Court Clerks/Tellers and that the Council not reappoint the incumbent. Roll-call vote follows:
Mr. Larisa Aye
Mr. Lynch Aye
Mr. Midgley Aye
Mr. Miranda Aye
Mayor Grant Aye
Motion passes 5-0.
Meeting adjourned at 11:43 P.M. on a motion by Mr. Lynch, seconded by Mr. Larisa.
Attest:
Valerie A. Perry, CMC
City Clerk Approved:_____________________