CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
TUESDAY,
The City Council meets in the Council Chamber on Tuesday, December 15, 1998, and is called to order at 8:00 P.M. by Mayor Joseph S. Larisa, Jr.
Present: Mayor Joseph S. Larisa, Jr. ) Council Members
Rolland R. Grant )
Peter F. Midgley )
Norman J. Miranda )
Patrick A. Rogers )
Paul E. Lemont ) City Manager
William J. Conley, Jr. ) City Solicitor
Valerie A. Perry ) City Clerk
The Invocation is given by Councilman Rogers.
The Salute to the Flag is led by Councilman Midgley.
Lori Merolla, Merandi Reporting, is present to record the proceedings of the public hearings.
1. APPROVAL OF COUNCIL JOURNALS
Regular Meeting - November 10, 1998
Regular Meeting - November 17, 1998
Closed Session - November 17, 1998 - Negotiations
Special Session - November 20, 1998
Organizational Meeting - December 1, 1998
2. Coastal Resources Management Council - FINDING OF NO SIGNIFICANT IMPACT
File No. 98-11-9 - Requesting to install front and back doors, fix and replace replacement windows, install vinyl siding, reshingle roof, add a back deck & install a 4' fence; location Plat 56, Lot 52 (Allan Hall)
3. Department of Environmental Management - Revised Permit - File No. 96-0445
In reference to the property and the proposed project located: Approximately 190 feet south of the end of an access road, approximately 900 feet southwest of the end of Commercial Way; also approximately 1700 feet southwest of the intersection of Commercial Way and Taunton Avenue, Assessor's Map 506, Block 1, Lot 7. (Stephen and Patricia Gentile)
4. Cancellation/Abatements - City Assessor requesting cancellation of taxes as follows:
YEAR 1998 AMOUNT $ 48,104.26
5. Public Libraries Board Of Trustees
Resignation of Mary Whelan Nascimento from the above Board. Effective Nov. 20, 1998.
6. Tax Board of Review - Requested Adjustments for Appeals
Year 1998 Amount $18,385.60
.
Coastal Resources Management Council - CEASE & DESIST ORDER - No. 98-2009
Re: Clearing of vegetation and discarding of cut vegetation on property located at Plat 16, Lot 6, Lincoln Avenue, Riverside, Rhode Island. (William & Rachel Lally)
On motion of Mr. Miranda, seconded by Mr. Grant, the Closed Session of November 17, 1998 regarding Negotiations is removed from the Consent Calendar. The Consent Calendar is approved as amended on a unanimous roll call vote.
On motion of Mr. Miranda, seconded by Mr. Grant, and on a unanimous roll vote, it is VOTED to keep the minutes of the November 17, 1998 Closed Session closed.
ALCOHOLIC BEVERAGE - Transfer From: Class B-Limited To: Class B-Full Privilege
Vartan Athens Pizza, Inc. dba: Athens Pizza - 2830 Pawtucket Avenue
Vartan Arslanian, 56 Cranberry Terrace, Cranston, Rhode Island is present and sworn.
Attorney Martin Slepkow, representing the applicant, addresses the Council about his client's operation. He states that his client will be substantially changing the concept of the restaurant by eliminating the pool tables and adding seating. He also says that the menu will be expanded. On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously VOTED to make the menu part of the record.
Mr. Grant states that this has been a well run establishment and there have not been any problems at the location.
The applicant agrees to the stipulation that the closing time will be no later than 11:00 p.m.
There are no persons from the public wishing to be heard.
On motion of Mr. Grant, seconded by Mr. Miranda, and on a unanimous roll call vote, the license is approved, subject to approvals from the Chief of Police, Health Inspector and Building Inspector.
Secondhand/Antiques - Transfer (Location only)
Applicant: Stanley A. Waskiel dba: Carletons Antiques & Waskiel Furniture
Location: From: 5 Grosvenor Avenue To: 242 Taunton Avenue
Stanley A. Waskiel, 4 Willow Road, Smithfield, Rhode Island is present and sworn.
There are no persons from the public wishing to be heard.
On motion of Mr. Miranda, seconded by Mr. Midgley, and on a roll call vote, it is unanimously VOTED to approve the license, subject to approvals from the Chief of Police and Building Inspector.
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously VOTED to change the order of business.
Sunday /Holiday Sales - Transfer (Location Only) - Stanley A. Waskiel dba: Carletons Antiques & Waskiel Furniture - From: 5 Grosvenor Avenue To: 242 Taunton Avenue
On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously VOTED to approve, subject to approvals from the Chief of Police and Building Inspector.
The meeting returns to the regular order of business.
Secondhand/Junkyard - Transfer
From: City Metal Co., Inc. To: Fortune Metal, Inc., 105 Valley Street
Julia Elliot, 156 Bethany Lane, North Kingstown, Rhode Island is present and sworn.
Mr. Miranda says that the former owner, City Metal Co., Inc. was always cooperative to the Zoning Board when asked to keep the property clean. He says he hopes Fortune Metal Inc. will continue being a good neighbor to the City and keep the property up as the former owner did.
There are no persons from the public wishing to be heard.
On motion of Mr. Miranda, seconded by Mr. Grant, and on a unanimous roll call vote, the license is approved, subject to approvals from the Chief of Police and Building Inspector.
Gatherer Applicant: Fortune Metal, Inc., 105 Valley St., East Providence, Rhode Island
It is determined that this license is not needed by the applicant.
On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously VOTED to Withdraw without prejudice.
Victualer/Over 50 - Bullocks Point Cafe, Inc., 664 Bullocks Point Avenue
Kevin Lewis, 11 Wildflower Circle, Warwick, Rhode Island is present and sworn. Mr. Lewis states that the restaurant will feature Italian and American cuisine. When asked by Mr. Midgley about the plans for a BYOB policy, it is determined by Mr. Conley that this is possible under the existing law.
On motion of Mr. Midgley, seconded by Mr. Grant, it is unanimously VOTED to approved, subject to approvals from the Chief of Police, Health Inspector and Building Inspector.
Sunday/Holiday Sales - Transfer from: Mary Ann Carbone
To Louis J. Gelfuso, Jr. dba: Reds News & Variety, 283 Bullocks Point Avenue
Louis Gelfuso, 23 Floyd Avenue, East Providence, Rhode Island is present and sworn.
On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously VOTED to approved, subject to approvals from the Chief of Police and Building Inspector.
Sunday/Holiday - Applicant: Paul LaChance, dba: Video Games Etc, 337 Warren Avenue
Paul LaChance, 8 Murphy Avenue, Bristol, Rhode Island is present and sworn.
On motion of Mr. Miranda, seconded by Mr. Midgley, it is unanimously VOTED to approved, subject to approvals from the Chief of Police and Building Inspector.
Gatherer Applicant: David J. Capobianco, 104 Merritt Road 02915
The applicant is not present.
On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously VOTED to Defer to the next meeting.
Unanimous Consent is given for approval of a Victualing License, which was not on the docket.
Victualing/Not Over 25 - AMA Donuts Inc., DBA Dunkin Donuts, 3348 Pawtucket Avenue
Joe Martins, 95 Rice Avenue, East Providence, Rhode Island is present and sworn.
On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously VOTED to approved, subject to approvals from the Chief of Police, Health Inspector and Building Inspector.
Mr. Miranda receives Unanimous Consent to place a license for St. Francis Xavier Church on docket.
Alcoholic Beverage - Class F1 - December 31, 1998 - St. Francis Xavier Church - 81 North Carpenter Street
On motion of Mr. Miranda, seconded by Mr. Rogers, it is unanimously VOTED to approved, subject to approval from the Chief of Police.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
(Given first passage November 10, 1998)
Advertised - Providence Journal - November 16, 1998
1) 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.", which amends SECTION I. Article X entitled "Stopping, Standing and Parking.", Subsec 18-307 entitled "Parking prohibited at all times.", adding MOORLAND AVENUE (west side), from RICE AVENUE northerly for a distance of 102 feet along the curvature of the corner. SECTION II. MOORLAND AVENUE (east side) from RICE AVENUE northerly 15 feet. CHAPTER 45
There are no persons wishing to be head on the ordinance.
On motion of Mr. Grant, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to approved for Final Passage
2) 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.", which amends SECTION I. Sec 18-269 entitled "Stop and yield intersections designated; when stops required.", adding: METACOMET AVENUE (eastbound traffic) at CASTRO STREET. CHAPTER NO. 46
There are no persons wishing to be head on the ordinance.
On motion of Mr. Midgley, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to approved for Final Passage
4) AN ORDINANCE IN AMENDMENT OF CHAPTER 5 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "FIRE PREVENTION.", by adding: Sec 5-9. Charges for Emergency Medical Services--Authorization., (a) 1 through 14, (b), (c) (By: Fire Chief) CHAPTER NO. 47
Anthony Bocchicchio, 96 Pinecrest Drive, East Providence, Rhode Island, is present and sworn. He states that there is a lot of confusion on this ordinance and asks the Council to explain it more in detail. He also asks the Council to give more information on the sewer use fees.
Fire Chief Gerald Bessette says the citizens of East Providence will not have to pay for any rescue services, and no one will receive a bill. He says the Federal Government or the private insurer will be making the payment.
Mr. Rogers speaks about a pro-active outreach effort at the various senior housing facilities in the City. Chief Bessette responds by saying that he has visited several facilities and has spoken to several elderly persons about the proposal.
Mr. Midgley suggests getting an informational kit out to the various organizations and to the schools. Mayor Larisa suggests a Q&A format be used for the information.
Discussion is held on adding Miriam Hospital to the hospitals that people are transported to. Chief Bessette says a third truck is needed, and State protocol dictates where the rescues are to go. Mr. Midgley says he is seeking a City policy that adds Miriam Hospital to Rhode Island Hospital and Pawtucket Memorial Hospital, as long as State protocol doesn't direct them elsewhere, so long as they are not diverted from that hospital because of space needs, and so long as the Chief doesn't feel that transporting them to Miriam Hospital would jeopardize the health and safety of East Providence residents.
Mr. Rogers says he wants to broaden the policy and include all metropolitan area hospitals to the list of hospitals.
Mayor Larisa asks the Chief what effect adding two hospitals to the list will it have on the Department and Chief Bessette states that this policy would increase the use of mutual aid.
Clifton Moore, 310 Roger Williams Avenue, East Providence, Rhode Island is present and sworn. He asks questions about the State protocol and asks for an explanation of State protocol, and if there is any guarantee that the insurers won't raise the rates. Chief Bessette responds by saying that the State has rules for Emergency Medical Service that they have to follow.
Chief Gary Dias, Chief of Police, tells the Council that the use of mutual aid delays the response time.
After further discussion, Mr. Midgley states he will support the ordinance as is without asking for transportation to additional hospitals at this time. He makes a motion to support the ordinance as is for Final Passage. Mr. Grant seconds the motion.
Mr. Rogers states what he wants to see a proposal effective immediately upon an additional rescue being added that the policy of transportation to other hospitals be put in place and asks that it be added as a friendly amendment.
On motion of Mr. Midgley, seconded by Mr. Grant, and on a roll call vote, it is unanimously VOTED to approve the ordinance for Final Passage, with the friendly amendment.
1. Requesting Council approval to award contract for Emergency Medical Services billing.
Chief Bessette gives the Council information on the firm that is being recommended and explains why the recommendation is being made. It is determined that Lighthouse Medical Management is the only firm that meets all of the City's requirements.
On motion of Mr. Midgley, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to award the Emergency Medical Services billing contract to Lighthouse Management.
.City Manager's Report
Mr. Lemont reports that the underground tanks at the City facilities have been repaired or replaced and the City is about 95% in compliance with DEM regulations.
Mr. Lemont reports that the Furniture Swap Program is a success and informs the public that they can take good used furniture to the Bentley Street Garage, and the furniture will be used by needy families.
The meeting recesses at 9:55 p.m. and reconvenes at 10:05 p.m.
William J. Conley, Jr., City Solicitor, addresses the Council regarding a Resolution which amends a resolution regarding special police officers. He says this resolution reflects the changes the Council voted on earlier in the year.
On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously VOTED to receive as information.
Valerie A. Perry, City Clerk, announces that the Clerk's office has been designated a Passport Acceptance Agency, and will begin taking applications for Passports after the first of the year.
Schofield, Raymond Jr. Claim No. 98-40 Approved
Lima, Elizabeth Claim No. 98-41 Denied
Safety Insurance Group Claim No. 98-42 Referred to Law Dept
(Insured: Louise Morgan)
Oliver, Peter & Kerri Claim No. 98-43 Referred to Law Dept
Progressive Ins. Claim No. 98-47 Referred to Law Dept
(Insured: Peter Oliver)
Andrade, Tasha Claim No. 97-24 Referred to Ins. Carrier
Robert & Deborah Amaral V. City Settlement Offer of $1,000 Approved
McAndrew V. City Status Report Received as information
On motion of Mr. Miranda, seconded by Mr. Grant, and on a roll call vote, it is unanimously VOTED to accept the Claims Committee Report as presented.
(By Mayor Joseph S. Larisa, Jr.)
1) Council Appointees Job Performance and Review
(Deferred from September 15, October 6, October 20, and November 10, 1998)
It is decided that the next regular Council meeting, scheduled for January 5, 1999, will begin at 6:30 p.m. and the Council will vote to go into Closed Session to discuss this agenda item, return to Open Session and vote to go into Claims Committee, then will return to Open Session for the 8:00 p.m. Council Meeting.
2) Public Approval of Bond Issues (Deferred from November 17, 1998)
Mayor Larisa speaks of the bond issue that did not get on the ballot in November - the one to spend up to $3.1 million for streets and sidewalk repair. He requests: 1) that the Solicitor draft a Resolution for Council approval for the next meeting; 2) City Manager to obtain from the Canvassing office the information on how many polls have to be open for that election (in March or April) and at what cost; 3) Public Works Director to provide a map to the Council for the next meeting showing a list of roads that are being worked on.
3) School Committee Charter Amendment Approval (Deferred from November 17, 1998)
Mayor Larisa says that voters approved Council opinion that the School Committee be elected to two year terms and elected by Ward with one At-Large. He says a question has arisen about the next election and how the terms will run. He says the Council intended for those who were elected this year to be able to serve out their four-year terms. Also, the proposed change will take place in the year 2000, when there will be two openings. At that time, the candidates will run At-large, but only for two year terms. The full effect will take place in 2002, when all five are up for reelection, and at that time they will be voted on by wards, with one At-large.
Mayor Larisa asks the Solicitor to look at that proposal and draft legislation to conform with the new Charter amendment, and have a Resolution prepared for the next Council meeting.
4) Constituent Call Report
Mayor Larisa speaks about a Call Report log that has been instituted in the City Manager's office to track constituent calls. He suggests that the information on who took care of the call be added to the report. Mr. Rogers suggests changing the name to "Inquiry Log." He asks what the turn-a-round time was for the responses. Mr. Lemont states that the calls are taken care of as soon as possible.
Mr. Midgley and the other Council members says they welcome calls from their constituents and do not want to discourage their calls.
(By Councilman Rolland R. Grant)
Holiday Displays
Mr. Grant announces that the City will be giving Holiday Display Awards once again this year.
(By Councilman Patrick A. Rogers)
1) Discussion/Review of computer technology/Internet access at E.P. Library Branches.
Mr. Rogers speaks on the importance of the library branches, and asks Roberta Cairns, Library Director, to comment on the computer programs. Ms. Cairns thanks the Council for their support of the library branches. She announces that as of February 1st, each branch will have 2 computers with Internet access. She says the Champlin Foundation funded the purchases. Mr. Rogers urges Ms. Cairns to encourage her staff to get training. Ms. Cairns responds that a series of computer seminars are being planned for the public. Mayor Larisa says the City Manager will send a letter thanking the Champlin Foundation for the donation.
2) Ward 1 Fire Station Project
Mr. Rogers asks Mr. Lemont to report on the status of the informal discussions held regarding the Fire Station in Rumford. Mr. Lemont responds by saying a meeting was held in his office, looking at time frames, designs, location, whether or not the present station can be upgraded, or whether it has to be demolished; whether to build on that site or another. Mr. Rogers suggests that he be added to any group that will be discussing the issue. Mr. Midgley asks that consolidation be taken into consideration. Mr. Miranda says that if consolidation of services is a consideration, he will want to be part of the committee as well.
3) Police Department Traffic Enforcement Policies
Mr. Rogers speaks on the subject dealing with speeding vehicles on City streets. Chief Dias tells the Council that the Police Department has been using a device to make motorists aware of their speed. The machine is on a loan basis, and will have to be returned. Mr. Rogers encourages the Chief to try to obtain funds to purchase a similar machine. He suggests that the Police Department have a Traffic Enforcement policy for the City, including what resources are needed, how the resources will be used, and the cost. He asks the Chief to give the Council a report in January.
Motion is made by Mr. Rogers, seconded by Mr. Miranda, to have the City Manager direct the Police Chief to prepare a report. Mr. Grant asks for a report showing where the violations are being committed. . Mr. Rogers tells the Chief he should look at everything - strategies on how to adjust the problem, whether an education component should be phased in, followed by some sort of ticketing, etc., with costs on each item. The motion passes unanimously
4) Public Input Period Proposal
Mr. Rogers defers this item to the next meeting.
RESOLUTION AMENDING RESOLUTION NO. 17 ENTITLED "RESOLUTION ESTABLISHING QUALIFICATIONS FOR SPECIAL POLICE OFFICER."
Discussion is held on the limit of Traffic Control personnel, and it is determined that there is a limit of 12 per Council member. The City Clerk will prepare a list for the Council showing those who have been appointed. The Council will also be given a list of Retired Special Police Officers. Mr. Rogers questions item #6 regarding moral turpitude. He recommends the language be modified to indicate that persons convicted of a crime shall not be eligible to serve as Special Officers. Mr. Conley says that the language was used as a defining line for crimes of intent.
Mayor Larisa recommends the following: "Candidates for appointment must never have been convicted of a crime unless special dispensation is granted by the Council upon recommendation by the Police Chief."
On motion of Mr. Grant, seconded by Mr. Miranda, and on a roll call vote, the Resolution is adopted as amended.
1) AN ORDINANCE IN AMENDMENT OF CHAPTER 12 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "POLICE.", which amends: SECTION I. Article II entitled "Police Department.", adding: 12-26 Animal Shelter.
Mr. Midgley speaks on this ordinance and says he hopes it will help things to run more efficiently at the Animal Shelter.
On motion of Mr. Grant, seconded by Mr. Midgley, and on a roll call vote, it is unanimously VOTED to give the ordinance First Passage.
2) AN ORDINANCE IN AMENDMENT OF CHAPTER 17 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "UTILITIES.", which amends: SECTION I. Sec 17-183 entitled "Charges to be based upon water consumption; rate," (a) through (e)
On motion of Mr. Grant, seconded by Mr. Midgley, and on a roll call vote, it is unanimously VOTED to give the ordinance First Passage.
3) AN ORDINANCE IN AMENDMENT OF CHAPTER 16 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "TAXATION.", which amends: SECTION I: Chapter 16 by adding: ARTICLE IV. Tax Stabilization for Qualified Businesses; Sec. 16-49 Definitions., Sec. 16-50 Purpose; Sec. 16-51 Eligible Property; Sec. 16-52 Stabilization Schedule; Sec. 16-53 Application procedure. (Requested by Councilman Grant)
Mr. Grant says the intention of this ordinance is to attract businesses to either expand or encourage businesses to move into the community. Mayor Larisa asks 1) that the Planning Department to send the ordinance to the Economic Development Commission; 2) have any other municipalities adopted the same thing that is being proposed; and 3) two years ago, we had a proposal that wasn't related to a physical plant, but rather to expansion in terms of jobs, why was the shift made and if it is, why it is it better than a job addition focus?
On motion of Mr. Grant, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to give the ordinance First Passage.
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously VOTED to approve the appointments of James P. Anthony, 510 Hope Road, Hope, Rhode Island and Joseph Anthony 59 Jacob Street, Seekonk, Massachusetts, both employed by General Road Trucking Corp., East Providence, as Weighers of Coal & Other Merchandise
On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously VOTED to approve Mr. Grant's appointment of Linda A. Burt, 27 Arthur Ave, Apt #6, to Traffic Control Detail
On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously VOTED to approve Mr. Grant's appointment of George E. Kent, 154 Redland Avenue, to the Conservation Commission
On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously VOTED to approve Mr. Grant's appointment of Alice L. Martin, 1 Vineyard Avenue, to the Affirmative Action Committee.
Holiday Display Committee
Mr. Grant appoints the following:
Anthony Andrade, 19 Cyprus Street; Donna Wall, 65 Oak Avenue;
John Marshall, 49 Ide Avenue, Frank Parella, Jr., 168 Wampanoag Trail
Mr. Miranda appoints the following with Council Consent.
Shirley Miranda, 864 Waterman Avenue; Constance Silveira, 41 No. Phillips Street
Mr. Rogers appoints the following with Council Consent:
Kate Lynch, Wilson Avenue; Maura Rogers, Don Avenue;
Jennifer Brennan, Linden Avenue; Marthe-Anne Monagle, Ferris Avenue
Mr. Midgley appoints the following with Council Consent:
Lawrence and June Brewster 140 Dorr Avenue
Mayor Larisa appoints the following:
Susan Lipscomb, 34 Aberdeen Road 02915 (Chair);
Dylan, Colleen, and Brady Conley, 22 Bond Road
On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously VOTED to approve Mr. Midgley's of Claire Wayland, 65 Forbes Street, to the Library Board of Trustees, to fill the unexpired term of Mary Whelan Nascimento.
There being no further business, the meeting adjourns at 11:32 p.m.
Attest:
Valerie A. Perry, CMC
City Clerk Approved: January 5, 1999