CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
TUESDAY,
The City Council meets in the Council Chamber on Tuesday, April 21, 1998, and is called to order at 8:00 P.M. by Mayor Rolland R. Grant.
Present: Mayor Rolland R. Grant ) Council Members
Joseph S. Larisa, Jr. )
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
Invocation is given by Mr. Miranda. The Salute to the Flag is led by Mr. Lynch.
Claudia Merandi, Merandi Reporting, is present to record the proceedings of the public hearings.
1. APPROVAL OF COUNCIL JOURNALS
Regular Meeting - April 7, 1998
Closed Meeting - April 7, 1998 - Re: Negotiations - E.P.P.M.T.E.A.
2. Town of Cumberland – Resolution
In Support of the Passage of Senate Bill 98S-2251, entitled "An Act Relating to Education - Health and Safety of Students." Amending R.I.G.L. 16-21 and 16-21-8.
3. Assessment Board of Review - Requested adjustments for residential and commercial & tangible property
Year Amount
1997 $ 58,930.08
4. Cancellation/Abatements - City Assessor requesting cancellation of taxes as follows:
Year Amount
1997 $ 59,865.40
1994 10.00
1993 48.09
5. Coastal Resources Management Council - NOTICE OF VIOLATION
File No. 98-0075 - Undertaken construction/reconstruction of a seawall coastal feature at your property located; Plat 13, Lot 3; 45 Terrace Avenue. (Eleanore and Altino Barbosa)
6. Department of Environmental Management - PN98-02
Re: Draft RIPDES General Permit for discharges associated with the treatment of gasoline contaminated groundwater.
7. Tootsie Roll Days - April 23, 24, & 25, 1998 - Knights Of Columbus, 3200 Pawtucket Ave
On motion of Mr. Larisa, seconded by Mr. Miranda, and on unanimous roll call vote, it is VOTED to remove the minutes of the April 7, 1998 Closed Session regarding negotiations, and to approve the Consent Calendar as amended.
On motion of Mr. Larisa, seconded by Mr. Lynch, and on unanimous roll call vote, it is VOTED to keep the minutes of the April 7, 1998 Closed Sessions regarding negotiations with E.P.P.M.T.E.A. closed.
(Advertised - East Prov.Post - April 9 & 16, 1998
Bertucci's Restaurant Corp., 60 Newport Avenue - Transfer of Stock Only
At the request of the applicant, motion to defer is made by Mr. Lynch, seconded by Mr. Miranda, and unanimously VOTED.
Alcoholic Beverage - Class B-Full Privilege - Transfer
From Broadway Bar, Inc.
To Joe's On Broadway, Inc dba: Joe's On Broadway, 968 Broadway
Pasquale Botelho, 136 No. Hull Street, East Providence, Rhode Island is present and sworn.
On motion of Mr. Miranda, seconded by Mr. Larisa, it is unanimously VOTED on a roll call vote to approve the transfer, subject to approvals from the Police Chief, Building Inspector, and Health Inspector..
Victualing/Over 50 - Transfer
From: Broadway Bar, Inc.
To: Joe's On Broadway, Inc dba: Joe's On Broadway, 968 Broadway
On motion of Mr. Miranda, seconded by Mr. Lynch, it is unanimously VOTED to approve the transfer, subject to approvals from the Police Chief, Building Inspector, and Health Inspector.
Pinball/Sundays Included – Transfer
From: Broadway Bar, Inc
To: Joe's On Broadway, Inc. dba: Joe's On Broadway, 968 Broadway
On motion of Mr. Miranda, seconded by Mr. Larisa, it is unanimously VOTED to approve the transfer, subject to approvals from the Police Chief and Building Inspector.
Pool Table /Sundays Included – Transfer
From: Broadway Bar, Inc.
To: Joe's On Broadway, Inc. dba: Joe's On Broadway, 968 Broadway
On motion of Mr. Miranda, seconded by Mr. Lynch, it is unanimously VOTED to approve the transfer, subject to approvals from the Police Chief and Building Inspector.
Dance/Entertainment - Transfer
From: Broadway Bar, Inc
To: Joe's On Broadway, Inc. dba: Joe's On Broadway, 968 Broadway
On motion of Mr. Miranda, seconded by Mr. Lynch, it is unanimously VOTED to approve the transfer, subject to approvals from the Police Chief, and Building Inspector.
Victualer/Not over 25 - Manuel T. Cabral dba: EP Portuguese Market, 220 Warren Avenue
Maria Cabral, 220 Warren Avenue, East Providence, Rhode Island is present and sworn.
On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously VOTED to approve the license, subject to approvals from the Police Chief, Building Inspector, and Health Inspector.
Sunday/Holiday Sales - Transfer - Mariela Hachem, dba City Mart, 327 Warren Ave
Mariela Hachem, 327 Warren Avenue, East Providence, Rhode Island is present and sworn.
On motion of Mr. Lynch, seconded by Mr. Larisa, it is unanimously VOTED to approve the transfer, subject to approvals from the Police Chief and Building Inspector.
Hawker/Food - Applicant - Jackie A. Keith, dba Hawg Dawg, 300 Ferris Avenue
Jackie A. Keith, 330 Bullocks Point Avenue, East Providence, Rhode island is present and sworn.
On motion of Mr. Lynch, seconded by Mr. Miranda, it is unanimously VOTED to approve the license, subject to approvals from the Police Chief and Health Inspector.
Peddler/Ice Cream - Applicant - Alejandro Arteaga dba Palagi's Ice Cream
Alejandro Arteaga, 237 Suffolk Avenue, Pawtucket, Rhode Island is present and sworn.
On motion of Mr. Midgley, seconded by Mr. Lynch, it is unanimously VOTED to approve the license, subject to approvals from the Police Chief, Building Inspector, and Health Inspector
Theater - Transfer –
From East Providence Cinema's Ltd
To: SBC Providence Theater Corp dba East Providence Cinemas 10, 60 Newport Avenue
Kelly Glazer, 2 Farber Road, Norton, Massachusetts is present and sworn.
On motion of Mr. Lynch, seconded by Mr. Larisa, it is unanimously VOTED to approve the transfer, subject to approvals from the Police Chief, Building Inspector, and Health Inspector.
Victualer/Not over 25 - Transfer
From East Providence Cinema's Ltd
To: SBC Providence
Theater Corp, dba East Providence Cinemas 10, 60 Newport Avenue
On motion of Mr. Lynch, seconded by Mr. Larisa, it is unanimously VOTED to approve the transfer, subject to approvals from the Police Chief, Building Inspector, and Health Inspector.
Sunday/Theater - Transfer –
From East Providence Cinema's Ltd.
To SBC Prov. Theater Corp. dba East Providence Cinemas 10, 60 Newport Avenue
On motion of Mr. Miranda, seconded by Mr. Larisa, it is unanimously VOTED to approve the transfer, subject to approvals from the Police Chief, Building Inspector, and Health Inspector.
Video/Sunday Included - Transfer –
From East Providence Cinema's Ltd
To SBC Providence Theater Corp, dba East Providence Cinemas 10, 60 Newport Avenue
On motion of Mr. Lynch, seconded by Mr. Miranda, it is unanimously VOTED to approve the transfer, subject to approvals from the Police Chief, Building Inspector, and Health Inspector.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
ORDINANCES - FINAL PASSAGE - (Given First Passage April 7, 1998)
Advertised - Providence Journal - April 10, 1998
AN ORDINANCE IN AMENDMENT OF CHAPTER 8 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "LICENSES AND BUSINESS REGULATIONS.", which amends: SEC I. Sec 8-116 entitled "Defined." of Article VI. entitled "Canvassers and Solicitors." SEC II. Sec 8-123 entitled "Hours Permitted.", of Article VI. entitled "Canvassers and Solicitors." (Requested by Chief of Police) CHAP. NO. 23
(Limits the hours of canvassers and solicitors from 8:00 A.M. to one half hour after sunset)
There are no persons wishing to be heard.
On motion of Mr. Lynch, seconded by Mr. Miranda, it is unanimously VOTED to approve for Final Passage.
(Given first passage March 24, 1998) Advertised - Providence Journal - March 27, 1998)
AN ORDINANCE IN AMENDMENT OF CHAPTER 6 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "GARBAGE AND REFUSE", which is amended by adding thereto the following: Sec 6-54. Leaf and Yard Waste Composting Facility Sec 6-55. Eligible Participants Sec 6-56. Hours of operation Sec 6-57. Dates of Operation Sec 6-58. Acceptable Materials Sec 6-59. Condition of Materials Sec 6-60. Fees. (Requested by Councilman Peter F. Midgley)
(Establishes a leaf and yard waste composting facility at Forbes Street for East Providence residents)
Michael Gagnon, 267 Forbes Street, Riverside, Rhode Island is present and sworn. Mr. Gagnon states his concerns with the ordinance. Mr. Lemont responds and says the ordinance is for City residents who are not commercial haulers. Mr. Midgley states that signs will be posted as to the times and if there are any problems, the police will be sent to monitor the situation.
Tony Gouveia, 62 Euclid Avenue, Riverside, Rhode Island is present and sworn. Mr. Gouveia states his opposition to the ordinance and says the taxpayers are already paying to have their waste picked up, and there is no need to take $3,000 to pay for something the taxpayers already have.
Mr. Larisa says an ordinance is not necessary, that the City Manager can be directed to have the landfill open for the last two Saturdays in May.
Mr. Lynch says he does not think it should be open on Saturday, and an ordinance should not be passed for a few people.
After further discussion, Mr. Midgley makes a motion to approve the ordinance for Final Passage. The motion DIES for lack of a second.
Motion is made by Mr. Larisa and seconded by Mr. Miranda to direct the City Manager to open the landfill from 12:00 p.m. to 5:00 p.m. the last two Saturdays in May, as long as DEM has approved, and the first three Saturdays after Columbus Day weekend. The criteria for entering the dump will be a valid drivers license and registration and both confirm that the person is an East Providence resident and that information be taken down by one of two workers there. A friendly amendment is added to include restrictions contained in the ordinance, except for the change in times. The motion passes unanimously on a roll call vote.
The meeting recesses at 8:50 p.m. and reconvenes at 9:00 p.m.
Attorney William Lynch, representing Nancy Stevens, addresses the Council regarding Mrs. Stevens' request to acquire City-Owned land adjacent to Greenwood Avenue ( 4 Newman Avenue, Map 403, Block 18, Lot 26).
The Council enters into discussion regarding the fact that the property has not been valued by the Tax Assessor. Mr. Lynch, Mr. Miranda, and Mayor Grant all state that the Tax Assessor should be contacted first.
Mr. Larisa says this has been done in the past and this matter should not be dealt with any differently. He makes a motion to approve the recommendation of the Planning Board. The motion is seconded by Mr. Midgley for discussion.
Mr. Miranda states that he wants to make it clear that he is not against Mrs. Stevens getting the property; he just wants the Tax Assessor's assessment before voting.
Further discussion is held on the matter. After discussion, motion to accept the report and recommendation of the Planning board, subject to the next meeting to accept or reject the Tax Assessor's recommendation.
Mr. Larisa says he wants a commitment from the Council that the property will be sold, and the only issue will be the value, whether it be the Assessor's value or one set by the Council. After further discussion, roll call vote is taken on the motion:
Mr. Larisa Aye
Mr. Lynch Nay
Mr. Midgley Aye
Mr. Miranda Aye If not satisfied with the assessment, he will vote against
Mayor Grant Nay Says he wants to see the assessment first
Motion passes 3-2.
Expanded Recycling Program
Steve Mutter, Recycling Coordinator, explains the new Program, which will begin on May 4.
Request by RMD for Water Tower Antenna
On motion of Mr. Larisa, seconded by Mr. Miranda, it is unanimously VOTED to allow the City Manager to continue negotiations with RMD.
Mr. Lemont requests permission to send to the Planning Board an Omni Point proposal for a tower at Grassy Plain Park. Motion to approve is made by Mr. Larisa, seconded by Mr. Miranda, and unanimously voted.
1998-1999 CDBG Program: Presentation of applications received for funding.
Mr. Larisa asks how much of the $860,000 has to go to Planning and Administration. He is told that 15% has to be allocated for social service programs.
On motion of Mr. Larisa, seconded by Mr. Miranda, it is unanimously VOTED to accept as presented.
Requesting approval to award a contract for the lease/purchase selection of a four wheel drive loader
for the Highway Department
On motion of Mr. Larisa, seconded by Mr. Midgley, it is unanimously VOTED to approve.
Requesting approval to award a contract for the lease/purchase financing of a four wheel drive loader for the Highway Department
On motion of Mr. Miranda, seconded by Mr. Larisa, it is unanimously VOTED to approve.
City Manager's Report
Mr. Lemont recognizes Alicia Antone, an employee at the Weaver Library, who has been awarded $5,000 toward her Masters Degree Program in Library Science.
Mr. Lemont states that he will have the Actuary of the Police & Fire Pension Plan at the next Council meeting to report to the Council.
Within the next month, the annual audit will be completed, and once again, a favorable report is expected.
The City has qualified for the All American City Award once again. It will be held in Mobile, Ala. June 18-20. The three programs listed were: The Senior Center, the Lead Paint Program, and the Runnins River.
Mr. Midgley asks Mr. Lemont for a report at the next meeting on the condition of the City's fire equipment and asks that Master Mechanics be on hand to answer questions. He says there were some alarming claims and statements made and he wants everyone on board to respond to these statements.
Mr. Conley reports on the matter of the Dept. of Justice claim against the City regarding handicapped accessibility at Pierce Field. He says the City Council approved a final revised settlement agreement with the Dept. Of Justice and anticipate that the handicapped accessibility improvements will be completed by the end of the week.
On motion of Mr. Miranda, seconded by Mr. Midgley, it is unanimously VOTED on a roll call vote to accept the report as presented.
Resolution requesting lights, signage and pedestrian bridge to alleviate dangerous student crossing on Pawtucket Avenue. RESOLVE NO. 21 (Requested by Councilman Peter F. Midgley)
Mr. Midgley explains the reasons for the resolution. He says there is some thought that the existing walkover can be moved further north. He says that "No right turn onto Pawtucket Avenue" from the shoppers parking lot may cause a lot of disruption. He suggests modifying it so there would be no right turn during certain hours of the school day.
After further discussion, on motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously VOTED to adopt the resolution as amended.
On motion of Mr. Lynch, seconded by Mr. Miranda, it is unanimously VOTED to approve Mr. Lynch's reappointment of Richard Moore, 41 Cardorna Street, to the Affirmative Action Committee.
Seekonk Water District - Bruce S. Baldwin, Superintendent
Requesting the City Council to grant an easement for a fire hydrant inadvertently installed on City Property at end of Joy Street.
On motion of Mr. Larisa, seconded by Mr. Miranda, and on a unanimous roll call vote, it is VOTED to refer the matter to the Planning Board.
There being no further business, the meeting adjourns at 10:30 p.m.
Attest:
Valerie A. Perry, CMC
City Clerk Approved: