CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
TUESDAY,
The City Council meets in the Council Chamber on Tuesday, February 3, 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 )
Norman J. Miranda )
Absent: Peter F. Midgley
Also Present: Paul E. Lemont ) City Manager
William J. Conley, Jr. ) City Solicitor
Valerie A. Perry ) City Clerk
Invocation is given by Councilman Norman J. Miranda.
The Salute to the Flag is led by Mayor Grant.
Claudia Merandi, Merandi Reporting, is present to record the proceedings of the public hearings.
1. Approval of Council Journals
Regular Meeting - January 20, 1998
2. Alcoholic Beverage - Class F-1 - April 24 & 25, 1998 - St Mary's Academy - Bayview, 3070 Pawtucket Avenue
3. Antique Show - March 22, 1998 - Applicant - Southeastern New England Antique Dealers Assoc., 2117 Pawtucket Avenue
4. Coastal Resources Management Council - Residential Assent
File Number - 97-12-18 Requesting to construct new single family dwelling, to be serviced by municipal water and sewers; associated work. (Demolition of previous dwelling approved per CRMC File # 97-12-37); located at Plat Block 14, Map 414, Lot 7;93 Terrace Avenue. (John and Janis Loughlin)
5. File No. M98-1-8 - Finding Of No Significant Impact Requesting to strip and re-shingle roof, located: 41 White Avenue, Map 313, Block 5, Parcel 6. (Shirley Laurendeau)
6. Town of Richmond -Resolution - Relating to the Realty Stamp Tax
7. Abatements/Cancellations - City Assessor requesting cancellation of taxes as follows:
Year Amount
1996 $ 94.75
1997 2,748.12
On motion of Mr. Lynch, seconded by Mr. Larisa, and on unanimous roll call vote, it is VOTED to approve the Consent Calendar. Mr. Midgley is noted as being absent.
Holiday Display Awards for 1997 are presented to the following:
Ward 1
Best Commercial Clockwork Deli 446 No. Broadway
Most Creative Mr. John Lynch 104 Wilson Avenue
Most Inspirational Mr. Jose Braga 22 Hollow Ridge Road
Most Traditional Mr. Lester Anderson 37 Kelley Avenue
Most Electrifying Mr. and Mrs. Antonio Cunha 8 Castro Street
Ward 2
Best Commercial Casa Horta 217 Taunton Avenue
Most Beautiful Mr. Eugenio Bonito 219 Mauran Avenue
Most Creative Mr. Albert Escobar 110 Brown Street
Mr. Anthony Marcotrigiano 3 Hillside Avenue
Most Inspirational Mr. Antonio Escobar 162 Grosvenor Avenue
Mr. Mario Lobo 67 Sterling Street
Most Traditional Mr. Ildeberto Medina 5 Marsh Street
Mr. Brian Roche 25 Humphrey Street
Most Electrifying Mr. Joseph DaRosa 40 Abbott Street
Ward 3
Best Commercial Emma Pendleton Bradley Hospital 1011 Veterans Memorial Parkway
Most Creative Mr. and Mrs. Brian Lynch 48 Madeline Drive
Most Inspirational Mr. and Mrs. Gabriel Escobar 110 Dover Avenue
Most Traditional Mr. and Mrs. Normand Bell 21 Garden Drive
Most Electrifying Mr. and Mrs. Antonio E. Vieira 54 Richfield Avenue
Ward 4
Best Commercial Perfect Cuts Willett Avenue
Most Creative Ms. Joyce Cotoia 121 Terrace Ave.
Most Inspirational Mr. and Mrs. Alan Dias 39 Primrose Drive
Most Traditional Mr. and Mrs. Sears 50 Euclid Avenue
Most Electrifying Mr. and Mrs. Antonio Andrade 26 Dearborn Drive
AT-LARGE
Most Festive Mr. and Mrs. Adelino Machado 52 Richfield Avenue
Most Scenic Joan E. Whitaker 85 Delway Road
Most Meaningful Sacred Heart Church 118 Taunton Avenue
Most Seasonal Mr. and Mrs. John Precopio 140 Wilson Avenue
Most Decorative Dennis Carrier 20 Adams Street
Alcoholic Beverage Licenses - Transfer of Class from Class B Limited to Class B Full Privilege - 141 Corp. dba Uncle Tony's Pizza and Pasta, 141 Newport Avenue
Steven Ricard, 3 Admiral Lane, Johnston, Rhode Island, is present and sworn.
There are no persons wishing to be heard.
On motion of Mr. Lynch, seconded by Mr. Larisa, and on unanimous roll call vote, it is VOTED to approve.
Employment Agency - Bayada Nurses, Inc., 855 Waterman Avenue.
Karen Feeley 3 Butch Sangin Circle, So. Walpole, Massachusetts is present and sworn.
On motion of Mr. Miranda, seconded by Mr. Lynch, it is unanimously VOTED to grant the license, subject to approvals from the Chief of Police and Building Inspector.
Victualing/Over 51 - Bert & Linda Amaral dba Pathway Cafe, Transfer of Location from 292 Bullocks Point Avenue to 664 Bullocks Point Avenue
Bert Amaral, 33 Grove Street, Seekonk, Massachusetts, 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 Chief of Police and Building Inspector.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
CONTINUED BUSINESS (Continued from Jan 20, 1998)
Regulations for Wrecker and Towing Services
Mr. Larisa gives a synopsis of the issue. He says the regulations would make East Providence the first municipality in the state to recover money for granting the privilege to certain towers to tow disabled vehicles. He says he and Mayor Grant came up with the idea, which would net approximately $10,000 to the taxpayers of East Providence. He says at the Council 's request, the agreement and regulations were circulated to all towers for their information and comments.
Mr. Lynch clarifies for the record that he did not agree to the drafting of these new regulations.
Attorney Albert DeFiore, representing the five City's towers, addresses the Council. Mr. DeFiore's expresses his legal concerns on the matter, and says the PUC regulates the rates.
After some discussion regarding the $10 charge, Mr. Larisa asks Mr. DeFiore if any of the five towers said they would no longer tow for the City if there was a charge because it would not be economically feasible. Mr. DeFiore says that had not been discussed with him.
Mr. Larisa says that the towers will still be making a profit.
Mr. Lynch asks Chief Dias for his opinion, and the Chief responds that he thinks $5 would be a good starting point, to which Mr. Larisa responds that he feels that charge is too low. Mr. Larisa then asks the towers to state for the record that they won't tow if they have to pay $10. He says he discussed this with a tower last year who said it would eat into his profits, but he would not stop towing because he would still make a profit.
After further discussion, the meeting recesses at 9:05 p.m.
The meeting reconvenes at 9:15 p.m.
Leo Correia, 14 So. Prospect Street, East Providence, Rhode Island is present and sworn. Mr. Correia says it will not be feasible for him to do tows if he has to pay a fee. He gives the Council a hand-out which lists his costs for each tow, which is $41.15. He says he will not be on the list if he has to pay a fee.
Mr. Larisa says he will agree to a fee of $7.50 per tow.
Richard Morgera, 32 Russell Avenue, East Providence, Rhode Island is present and sworn. Mr. Morgera, from Ciro's Garage, says he will not tow for the City at any rate.
Charles Parker, 20 County Street, Seekonk, Massachusetts, is present and sworn. Mr. Parker states that he will not tow at any rate.
Michael Morgera, owner of Ciro's Garage, Bullocks Point Avenue, East Providence, Rhode Island is present and sworn. Mr. Morgera says he invested considerable money on equipment which would allow him to tow large equipment, but which he had to sell at a loss because the City did not use him for the tows. He also says he will not tow for the City if there is a charge.
Mr. Larisa suggests collusion has taken place among the five towers. Mr. DiFiore asks that the reference to collusion be stricken from the record.
Chief Dias states that most of the big trucking companies have contracts with Coletta's etc. and that is why Mr. Morgera was not called to tow large equipment.
Richard Cavalarro, 7 Fourth Street, Seekonk, Massachusetts is present and sworn. He states that he will not tow if there is a $7.50 fee for each tow.
Mr. Miranda states that the Council needs to make a decision whether or not to go out to bid for towers, since the towers have all said they will not tow for the City if they are charged. He makes a motion, which is seconded by Mr. Larisa, to defer this matter to a workshop.
Mr. Larisa speaks on the motion. He speaks about the Anti-trust Law and says the towers cannot collude, and it can be proven there has been a collusion.
Mr. Lynch says this affects the business community and asks Mayor Grant to give this matter serious thought about postponing the issue for two weeks.
After further discussion, roll call vote is taken on the motion to defer this matter to a workshop:
Mr. Larisa Aye
Mr. Lynch Nay
Mr. Miranda Aye
Mayor Grant Aye
Motion passes 3-1. Mr. Midgley is noted absent.
The meeting recesses at 9:55 p.m. and reconvenes at 10:05 p.m.
1. Mr. Lemont requests Executive Session at the end of the meeting to discuss the Barrington/East Providence Wastewater Agreement. On motion of Mr. Miranda, seconded by Mr. Larisa, and on unanimous roll call vote, it is VOTED to defer the item to the end of the meeting.
2. Mr. Lemont speaks on the Bentley Street Furniture Recycling Center. Mr. Miranda says he canvassed the neighborhood and there was no opposition. Mr. Lemont asks for a motion to allow money from a D.E.M. grant to be used for new doors etc. at the site. Mr. Miranda says Mr. Mutter has assured that there will not be a problem with vehicles parked in the vacant lot.
On motion of Mr. Miranda, seconded by Mr. Larisa, it is unanimously VOTED to approve.
3. On motion of Mr. Larisa, seconded by Mr. Miranda, and on unanimous roll call vote, it is unanimously VOTED to refer plans for Grassy Plains from Omni Point to the Planning Board.
4. On motion of Mr. Lynch, seconded by Mr. Larisa, it is unanimously VOTED to refer a request from Ram Mobile to place a single antennae on the water tower to the Planning Board.
5. Mr. Lemont says that at the last meeting, there was a request from someone building a house
in Barrington to tie into the East Providence Sewer system. He says Mr. Larisa asked for a
report on what impact if any it would have on the City's negotiations with Barrington. Mr.
Conley gives the report.
Mr. Conley says a clause in the contract essentially says that the City Council must authorize connections. He says a refusal to approve a request must be in good faith, which means there must be some articulable reason for refusal. He says this request comes from the Town of Barrington, not an individual.
Mayor Grant says he would be wrong in not allowing a person to connect, and would have to vote for it.
It is mentioned that the person also needs to connect to the City's water system, and Julia Forgue explains the details.
After further discussion, motion to reconsider is made by Mr. Larisa, seconded by Mr. Lynch, and unanimously VOTED on a roll call vote.
Motion to grant the sewer connection is made by Mr. Larisa, seconded by Mr. Lynch, and unanimously VOTED on a roll call vote.
On motion of Mr. Lynch, seconded by Mr. Miranda, and on unanimous roll call vote under unanimous consent, it is VOTED to also allow the same party to tie in to the East Providence water system.
Mr. Lemont reports that the City Solicitor advised him that the Council cannot go into Executive Session to discuss the Barrington Wastewater agreement. He says he wanted to discuss negotiation strategy, but Mr. Conley says that the discussion would not fall under the Open Meetings Law requirement. Mr. Lemont says he will report back to the Council.
CLAIMS COMMITTEE
David Leamy Claim No. 98-1 Denied
Deborah Abetecola Claim No. 98-1 Denied
Joseph Sullivan Claim No. 97-59, Marie Freitas Claim No. 97-46, Susan Turillo Claim No. 97-43, Edward & Carol Silva Claim No. 97-45 - Approve Payment of 75% of Claim upon execution of subrogation agreement and release
On motion of Mr. Lynch, seconded by Mr. Miranda, and on unanimous roll call vote, it is VOTED to approve the report as presented.
1. Mr. Larisa speaks on the fiscal impact statement of the new Firefighters Contract, and speaks on what the costs will be to the City. He says the statement will be left with the City Clerk for the public's information. He says the Council never would have voted for the contract if they had the information prior to the approval.
After further discussion, Mr. Larisa makes a motion, which is seconded by Mr. Miranda, to require a fiscal impact statement each time a contract is negotiated.
After discussion, the motion is amended to require a fiscal impact statement for all contracts and a statements of true cost for any other money items.
After further comments by the Council, Mr. Lynch moves the question. The motion is approved on a unanimous roll call vote.
2. On motion of Mr. Lynch, seconded by Mr. Miranda, it is unanimously voted to defer the docketed item regarding Surplus Property Account because of Mr. Midgley's absence.
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: Sec I. Article X entitled "Stopping, Standing and Parking.", Subsec 18-315 entitled "Reserved parking designated--Handicapped parking.", deleting therefrom the following: MAPLE AVENUE, north side, in front of house number 113, from a point approximately one hundred (100') feet east of the NARRAGANSETT AVENUE intersection easterly twenty (20') feet.
On motion of Mr. Miranda, seconded by Mr. Larisa, and on unanimous roll call vote, it is VOTED to give First Passage to the ordinance.
2) AN ORDINANCE IN AMENDMENT OF CHAPTER 9 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "MISCELLANEOUS OFFENSES.", which amends: Sec I., Sec 9-17. Loam Piles Prohibited
Mr. Miranda speaks on the ordinance. Mr. Larisa says he will support the ordinance with the following changes:
By deleting everything after beginning with "such materials" and the remainder of the paragraph and substituting, "in connection with the use on residential property for a period not to exceed 30 days."
Mr. Larisa says what the ordinance says is that loam piles cannot be used unless connected with a business, construction, or use at a residential property for not more than 30 days.
Motion to approve the amended ordinance is made by Mr. Lynch, seconded by Mr. Larisa, and unanimously VOTED on a roll call vote.
3) 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 I., Section 18-100.11 entitled "Fees."
On motion of Mr. Larisa, seconded by Mr. Lynch, and on unanimous roll call vote, it is VOTED to approve for First Passage.
Gregory W. Gammell, Commercial Way, is unanimously reappointed Tree Warden on a motion by Mr. Lynch.
On motion of Mr. Miranda, seconded by Mr. Lynch, it is unanimously VOTED to approve Mr. Midgley's appointment of Peter DeMedeiros, 86 Rounds Avenue, as Special Police Officer.
On motion of Mr. Miranda, seconded by Mr. Lynch, it is unanimously VOTED to approve Mr. Midgley's appointment of Richard Gregory, 154 Beverly Road, as Special Police Officer.
On motion of Mr. Miranda, seconded by Mr. Lynch, it is unanimously VOTED to approve Mr. Miranda's reappointment of Lerena deMelo, 192 Mauran Avenue to the Carousel Park Commission.
On motion of Mr. Miranda, seconded by Mr. Lynch, it is unanimously VOTED to approve Mr. Miranda's reappointment of Mark J. Lewis, 245 Fifth Street, to the Coastal Resources Management Commission.
On motion of Mr. Miranda, seconded by Mr. Larisa, it is unanimously VOTED to approve Mr. Miranda's reappointment of Helio Melo, 1187 So. Broadway, to the Library Board of Trustees.
On motion of Mr. Miranda, seconded by Mr. Lynch, it is unanimously VOTED to approve Mr. Miranda's reappointment of Joseph Medeiros, 24 Humphrey Street, to the Planning Board.
On motion of Mr. Larisa, seconded by Mr. Miranda, it is unanimously VOTED to approve Mr. Lynch's appointment of Louise Healy, 74 Vanderland Avenue, to the Carousel Park Commission.
Mr. Lynch asks that the Council send a letter to Al Cloutier thanking him for his service on the Carousel Park Commission.
Mr. Lemont asks for someone from the Council to sit in on the Barrington/East Providence Wastewater negotiations. Motion by Mr. Larisa, seconded by Mr. Lynch, and unanimously VOTED for Mayor Grant to represent the Council.
The meeting adjourns at 11:00 p.m.
Attest:
Valerie A. Perry, CMC
City Clerk Approved:_________________