CITY OF EAST PROVIDENCE, RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
TUESDAY -
EXECUTIVE SESSION - 7:00 P.M. - PUBLIC SESSION - 8:00 P.M.
The City Council meets in the Council Chamber on Tuesday, July 15, 1997, and is called at 7:00 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
Mayor Rolland R. Grant calls the meeting to order at 7:00 P.M
Motion is made by Mr. Larisa and seconded by Mr. Lynch to go into Executive Session in accordance with Section 42-46-5 of the "Exceptions" of Chapter 46 of the General Laws, pursuant to Section 42-46-5-(a)(2)[Collective Bargaining, to discuss negotiations. The motion passes unanimously on a roll call vote.
The meeting goes into Executive Session at 7:04 P.M. Meeting reconvenes in Open Session at 8:00 P.M.
EAST PROVIDENCE CITY COUNCIL - CLOSED SESSION - JULY 15, 1997
The purpose of the closed session was to review the job performance of Council appointees. In closed session Councilman Miranda stated that the City Manager had been doing a good job and deserved a raise. He further stated that City Manager's base salary was $72,000 with a longevity payment of $4,500. Mayor Grant stated that no Council appointees should get longevity but out of fairness since the City Manager had been receiving it, it ought to be included in his base salary so long as the City Manager understands that he will get no longevity in the future. Councilman Lynch commented that the City ought to pay the City Manager a fair amount of money or they are going to be losing him. Councilman Larisa stated that any raise should not be effective until November 1, 1997. Councilmen Miranda and Lynch both said that the raise should be for this fiscal year. Councilman Miranda made a motion, seconded by Councilman Lynch that the City Manager's base salary be considered to be $76,500.00 ($72,000.00 plus $4500.00 in longevity) effective November 1, 1996; that the City Manager will receive a $5,000.00 raise in base salary with the stipulation that the City Manager not receive any longevity pay for this fiscal year or any fiscal year in the future so that the City Manager be awarded a salary of $81,500.00 effective November 1, 1996 with the stipulation that the City Manager no longer receive longevity as of that date.
ROLL CALL:
Gerald Lynch Aye
Peter Midgley Nay
Norman Miranda Aye
Rolland Grant Aye
Joseph Larisa Nay
The motion passes 3 to 2.
Upon further discussion the City Council voted not to review the job performance any other council appointees at this time. The Council did review the vacancy in the Municipal Court and upon motion made by Councilman Lynch, seconded by Councilman Miranda, Joan C. Kazarian is appointed to the vacant Municipal Court position.
ROLL CALL:
Gerald Lynch Aye
Peter Midgley Aye
Norman Miranda Aye
Rolland Grant Aye
Joseph Larisa Aye
William J. Conley, Jr. City Solicitor
(Carole Malaga, 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.
TO APPROVE THE CONSENT CALENDAR
On motion of Mr. Larisa, seconded by Mr. Miranda, and on a unanimous roll-call vote with all Council members present and voting, the Consent Calendar is approved.
APPROVAL OF COUNCIL JOURNALS
June 17, 1997 - Regular Meeting
July 2, 1997 - Special Meeting - Victualing/Clockwork Deli &Catering Co.
Coastal Resources Management Council - FINDING OF NO SIGNIFICANT IMPACT - File No. M97-6-36 - Replace roof shingles, windows, doors and rear steps. Install vinyl siding, 55 Bullocks Point Ave, Plat Map 311, Block 1, Parcel 23. (Jean & Richard Oliver)
FINDING OF NO SIGNIFICANT IMPACT - File No. 97-6-6
Remove existing concrete retaining wall and replace with stone wall over existing concrete footing; Plat 414, Block 20, Parcel 4; 218 Riverside Drive. (Anthony DeCrescenzo, Jr.)
MODIFIED ASSENT - File No. 87-9-76 - Subdivide parcel into six lots; construct four residential dwellings (sewered) on four lots; dedicate two lots to City of East Providence, Poles #410-415, Bullocks Point Avenue, Map 414, Block 13, Lot 8. (Kelly & Picerne, Inc)
NOTICE OF VIOLATION - File No. 1782-97 - Construction of a deck within 200 feet of a coastal feature; 11 North Shore Drive, Map 513, Block 33, Parcel 7. (Thomas & Barbara Whitfield)
File No. 97-6-84 - FINDING OF NO SIGNIFICANT IMPACT - Construct an 8'-5" x 14" bathroom addition; 109 Terrace Ave, Plat 414 Lot 7. (Ingrid Wild Kleckner)
File No. 97-6-25 - (Kelly & Picerne, Inc) - Construct and maintain: residential subdivision consisting of forty-six (46) individual residential structures on forty eight lots, approximately 2,700 linear feet of new roadway, associated utilities and drainage system, including water quality basin. Subdivision to be served by city sewers. (Extension of Carousel Drive)
RESOLUTION - Town of Glocester - Requesting support for our legislators tooppose Bill 97-S-0553, an Act relating to Law Enforcement Officers' Bill of Rights.
RESOLUTION - Town of North Kingstown - Requesting support for the Quonset access Road and Third Rail Improvement Program.
Cancellations/Abatements - City Assessor requesting cancellation of taxes as follows:
Year Amount
1997 $ 111,555.37
1996 3,805.25
1995 173.00
1994 137.36
1993 144.28
1992 195.10
All CC items are voted and passed one vote.
Proclamation - East Providence Heritage Week - Week of July 21, 1997
The week of July 21, 1997 is proclaimed "East Providence Heritage Week".
(Renewal of Dance/Entertainment License - (Continued from January 7, 1997)
Brownie's Bar & Grille, Inc dba - Brownie's & Grille, 22 Waterman Ave
David A. Brown is present and sworn. Mr. Brown states that there have been no problems at the establishment. Maj. Wayne Gallagher, Deputy Police Chief, reports that there have been only four calls for service since April 1, 1997 and these have not been for any disturbances at the site. Mr. Brown says he would be willing to sit with the neighbors in the future if any problems develop.
After further discussion, Mr. Miranda makes a motion, which is seconded by Mr. Larisa, to approve the renewal, keeping the stipulations in place, which halt the Karoke at midnight and keep the noise level down. Motion passes unanimously on a roll-call vote.
Victualing/Not over 25 - Transfer
From Antonio Neves, dba Armando's Coffee Shop
To Maria D.N. Goncalves, dba Armando's Coffee Shop, 330 Warren Ave.
Maria Goncalves, 330 Warren Avenue, is present and sworn.
On motion of Mr. Miranda, seconded by Mr. Larisa , it is voted unanimously to grant the license.
Alcoholic Beverage/Class F - August 8, 9 & 10, 1997 - St Martha's Church, 2595 Pawtucket Avenue
Approved on a 5-0 vote on motion of Mr. Miranda, seconded by Mr. Larisa.
Victualing/Not over 25 - Rumford Farms Convenience Store, 1246 Pawtucket Avenue
Mohamad N. Jamaleddin, 3 Burr Avenue, Barrington, RI is present and sworn.
Mr. Lynch reprimands the applicant for operating without a license and tells the applicant he is disappointed with his performance. Mr. Jamaleddin says there was a misunderstanding about the license and assures the Council that he will act properly. After further discussion, motion to approve, subject to approval from Building Inspector and Fire Chief, is made by Mr. Lynch, seconded by Mr. Larisa, and voted 5-0
Sunday/Holiday Sales -Mohamad Jamaleddin - dba Rumford Farms Convenience
Store, 1246 Pawtucket Avenue
Motion to approve is made by Mr. Lynch, seconded by Mr. Larisa, and voted 5-0.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
ORDINANCES - FINAL PASSAGE - (Given first passage June 17, 1997) -
Advertised - Providence Journal - June 20, 1997
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 Section I. Article IV entitled "Traffic Signals.", Section 18-86 entitled "Right turns on red lights prohibited at certain intersections.", adding:
GROSVENOR AVE (westbound traffic) onto BROADWAY.
CHAPTER NO. 440
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.
An Ordinance in Amendment of Chapter 11 of The Revised Ordinances of the City of East Providence, Rhode Island, as amended, entitled "Personnel, Pensions and Retirement", which amends Section I. Subsection (e) of Section 11-236 entitled "Requirements for service retirement." CHAPTER NO. 441
The above-entitled ordinance is called for hearing. There are no public comments.
On motion of Mr. Lynch, seconded by Mr. Larisa, and on a unanimous roll-call vote, said ordinance is adopted.
Contract for Senior Center
Mr. Lemont reports that Senator Reed indicated he would try to find federal money in the amount of $80,000 to fund additional items for the Senior Center. Mayor Grant asks if the bid of $732,000 is over the budget. Mr. Lemont says the amount includes a contribution of $65,000 that will come from the medical care provider.
Jeanne Boyle, Planning director, states that the budgeted item was $600,000. She says the actual renovations will cost between $575,000 and $580,000, which is under budget. The $732,000 includes parking lots and other renovations. She also states that she is anticipating some money from PCD and the Ivy Street parcel.
Mayor Grant asks if it is possible to make a ramp for the handicapped, and he is told by Ms. Boyle that in order to comply with ADA requirements, the ramp would have to be sloped too steep. She says that the ADA says these plans meet the requirements by having an elevator on the ground floor.
Mr. Midgley is assured that the plans meet all requirements and will not have to be changed in the future because of the laws.
After further discussion, motion to approve the low bid from DePasquale Building & Realty Company for $732,300 is made by Mr. Lynch, seconded by Mr. Larisa, and voted on as follows:
Mr. Larisa Aye
Mr. Lynch Aye
Mr. Midgley Nay
Mr. Miranda Aye
Mr. Grant Nay
Motion passes 3-2.
The meeting recesses at 8:50 P.M. and reconvenes at 9:03 P.M.
Mayor Grant asks for Council Consent to change the order of business to hear two items under Communications next. Motion to approve is made by Mr. Larisa, seconded by Mr. Miranda, and voted 5-0.
Rosemary Perry Oliver, 8 Allison Court is present and sworn. Ms Oliver addresses the Council regarding a proposed tower on Sachem Road and presents a petition with signatures of neighbors who oppose the placement of the tower.
Mr. Conley says this a Zoning Board issue and should be brought up before the Zoning Board.
The following people are present and sworn and speak in opposition:
Deborah Cash, 1 Allison Court
Maria Buzzi, 11 Allison Court
Chris Daft, 15 Allison Court
Helen Sullivan, 17 Allison Court
Kathy Lydon, 14 Allison Court
Robert D. Sullivan, 1 Seaview Avenue
After further discussion, a motion is made by Mr. Lynch, seconded by Mr. Miranda, and unanimously passed that the Council go on record that the preference and policy position of this City Council is not to approve towers in residential areas.
Ernie L. Lusignan, 60 Firglade Avenue is present and sworn. Mr. Lusignan requests permission to block off the intersection of Wendell Street and Firglade Avenue on July 19, 1997 at starting at 3 P.M. for a block party. Motion to approve is made by Mr. Midgley and seconded by Mr. Larisa. Motion passes 5-0.
Motion to return to the regular order of business is made by Mr. Lynch, seconded by Mr. Larisa, and voted 5-0.
On motion of Mr. Lynch, seconded by Mr. Miranda, and on a unanimous roll-call vote with all Council members present and voting, the Claims Committee report is accepted as presented.
Councilman Lynch removes the docketed item regarding 'Authorizing the City Manager to approve Block Parties'.
Mr. Midgley speaks on refuse collection for Condominiums and says we should offer residents the same rate as the City is paying, rather than have them pay the commercial rate, which they do now.
After discussion, Mr. Lemont says that he will have a report at the next meeting on the subject.
Council Appointees Job Performance and Review Councilman Miranda requests that the item regarding Council Appointees Job Performance and Review be placed at the end of the docket.
Mayor Grant speaks on the Sabin Point Park drainage problem. He asks Mr. Lemont about the feasibility of putting in a check valve .
Mayor Grant is given Unanimous Consent on a motion by Mr. Larisa, which is seconded by Mr. Miranda, to report on the meeting with FERC. He states that he traveled to Washington, D.C. with Mr. Miranda, Mr. Lemont, Mr. Conley and Ms. Forgue to meet with the Chairman of FERC, and says that FERC will be revisiting the issue. Mr. Conley gives an overview of the issue and says the City will not get another hearing but will be able to appeal an adverse decision.
Mr. Miranda thanks Congressman Kennedy for setting up the meeting.
An ordinance in amendment of Chapter 18 of the Revised Ordinances of the city of East Providence, Rhode Island, as amended, entitled "Vehicles and Traffic", which amends Sec. 1 Article X entitled" Stopping, Standing and Parking.", Subsec 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.
Motion to approve for First Passage is made by Mr. Lynch, seconded by Mr. Larisa, and voted unanimously on a roll-call vote.
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:
Claire Street (Southbound Traffic), at its Intersection with Crescent View Avenue.
Motion to Approve for First Passage Is Made by Mr. Lynch, Seconded by Mr. Larisa, and Voted Unanimously on a Roll-call Vote.
An Ordinance in Amendment of Chapter 18 of the Revised Ordinances of the City of East Providence, Rhode Island, 1987, 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.
Motion to approve for First Passage is made by Mr. Lynch, seconded by Mr. Miranda and voted unanimously on a roll call vote.
An Ordiance 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."
Motion to Approve for First Passage Is Made by Mr. Miranda, Seconded by Mr. Lynch, and Voted Unanimously on a Roll-call Vote.
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 System.", 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 (c)
Sec XI. Sec 17-166 entitled "Administration", Subsec (g)
Sec XII. Sec 17-167 entitled "Enforcement; penalty; costs"
Motion to approve for First Passage is made by Mr. Larisa, seconded by Mr. Miranda, and voted unanimously on a roll-call vote.
An Ordiance 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:
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.
Motion to approve for First Passage is made by Mr. Lynch, seconded by Mr. Miranda, and voted unanimously on a roll-call vote.
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 Section I. Article X entitled "Stopping, Standing and Parking.", Subsection 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.
Section II. Article X entitled "Stopping, Standing and Parking.", Subsection 18-315 entitled "Reserved parking designated--Handicapped parking.", adding:
MAPLE AVENUE (north side), in front of house number 113, from a point approximately one hundred (100') east of the NARRAGANSET AVENUE intersection easterly twenty (20') feet.
Motion to approve for First Passage is made by Mr. Larisa, seconded by Mr. Lynch, and voted unanimously on a roll-call vote.
(Requested by Councilman Peter F. Midgley)
On motion of Mr. Larisa, seconded by Mr. Miranda, it is voted 5-0 to appoint Harold Mahler, 3 White Avenue, 02915 to the Coastal Resources Management Commission for a term to expire December 31, 2000.
(Requested by Councilman Gerald R. Lynch)
On motion of Mr. Larisa, seconded by Mr. Miranda, it is voted 5-0 to appoint William C. Fisher, 65 Don Avenue 02916 to the Planning Board for a term to expire January 15, 2002.
On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously voted to nominate as Special Police Officer, James Baino, 428 Massasoit Avenue 02914 for a term expiring December 1, 1997 , subject to conformance with all the rules and regulations.
Beautification Committee
On motion of Mr. Midgley, seconded by Mr. Larisa, it is unanimously voted to appoint Mrs. Stephen O'Hara, 1354 Broadway 02914 and Mrs. Frank O'Hara, 12 Rowena Drive 02915 to the Beautification Committee. Term for Mrs. Stephen O'Hara will expire on December 1, 1999, and the term for Mrs. Stephen O'Hara will expire on December 1, 2000.
Kenneth Walker, 10 Ridge Drive 02914 is unanimously appointed Chairman of the Zoning Board of Review on motion of Mr. Midgley, seconded by Mr. Miranda.
Raymond S. Rutko, 745 Bullocks Point Avenue, addresses the council regarding the purchase of property currently owned by the City. Location; White Ave, Plat 0056, Lot 0061 - Map 313, Block 9, Parcel 05.
Motion to refer to the Planning Board is made by Mr. Larisa, seconded by Mr. Miranda, and voted 5-0.
Motion is made by Mr. Larisa, seconded by Mr. Miranda, and unanimously voted on a roll-call vote to go into Closed Session to discuss Council appointees' job performance and review.
The meeting recesses at 10:04 P.M. and goes into Closed Session. The meeting reconvenes into Open Session at 10:32 P.M.
Mr. Conley reports that upon review of the job performance of the City Manager, the City Council approved the following:
The City Manager's base salary will be $76,500, effective November 1, 1996. Also, effective November 1, 1996, there will no longer be a longevity payment to the City Manager. In addition, effective November 1, 1996, the City Manager will be given a raise of $5,000, making his base pay salary $81,500.
Upon reviewing the vacancy in the office of Municipal Court, the City Council approved the appointment of Joan Kazarian, 21 Woburn Road, East Providence, RI 02916 for the position of Municipal Court Clerk Teller.
Motion to approve the report is made by Mr. Larisa, seconded by Mr. Lynch and voted 5-0.
The meeting adjourned at 10:40 P.M.
Attest:
Valerie A. Perry, CMC
City Clerk
Approved:________________________