CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
TUESDAY,
The City Council meets in the Council Chamber on Tuesday, March 24, 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 Councilman Norman J. Miranda.
The Salute to the Flag is led by Councilman Gerald R. Lynch.
Carole Malaga, Merandi Reporting, is present to record the proceedings of the public hearings.
1. Approval of Council Journals
Regular Meeting - March 3, 1998
2. Coastal Resources Management Council - File No. M98-2-13 - Requesting for maintenance activities to Washington Bridge, Eastbound (Bridge No. 200) consisting of temporary shoring to reinforce existing supports, and timber access walkways to be erected across arch nos. 4,5,9 and 10. Location; Washington Bridge (I-195), Prov., East Prov. No Plat, No Lot. (St of RI-DOT)
3. Town of Hopkinton - Resolution - Relating to the Realty Stamp Tax
4. Town of Barrington - Resolution - Relating to Realty Transfer Tax
5. Town of Jamestown - Resolution - Education Financial Support
6. Town of Burrillville - Resolution - Amending the Law Enforcement Officers' Bill Of Rights
7. Town of Charlestown - Resolution - Regarding Tax Relief/Exemption Bills
8. Alcoholic Bev. Class F - June 5,6,7, 1998 -Trinity Brotherhood, 146 Sutton Avenue
9. Alcoholic Bev. Class F1 - April 18, 1998 - St. Francis Xavier Church, 81 No. Carpenter Street
10 Requested adjustments for hardship, residential commercial and tangible property, Tax Board of
Review Year - 1997 Amount - $ 98,385.76
11. City Assessor requesting cancellation of taxes as follows:
1997 - $7,866.10; 1996 - $178.03; 1995 - $ 88.01
12. Alcoholic Bev. Class F - June 26,27,28, 1998 - Holy Ghost Brotherhood Saint Peter Micalence, 51 No. Phillips Street
13. Alcoholic Bev. Class F - May 29,30,31, 1998 - Holy Ghost Beneficial Brotherhood, 51 No. Phillips St
14. (Permission to advertise)Alcoholic Bev. Class B-Full Privilege –
Transfer - From Broadway Bar, Inc. dba: 42nd Street
To: Joe's On Broadway, Inc., dba: Joe's On Broadway 968 Broadway
On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously VOTED on a roll call vote to approve the Consent Calendar.
Mayor Grant speaks on the Meningitis Clinic and commends the volunteers for a job well done.
William Dias presents a clock for the City to Mayor Grant.
Alcoholic Beverage - Class B-Full Privilege - Moitoso's Pub, Inc., 218 Warren Avenue
Jorge Moitoso, 218 Warren Avenue, East Providence, Rhode Island is present and sworn.
It is noted that there were two letters of objection from McLaughlin & Moran, Inc., and Carroll, Kelly & Murphy, representing Narragansett Electric Company. The City Clerk informs the Council that McLaughlin & Moran, Inc. have withdrawn their objection. The City Council questions Mr. Moitoso about his debt to Narragansett Electric Company.
After further questioning, it is determined that this license is a new application, and the indebtedness belongs to the former occupant, Flip Shots Bar & Grille, which was owned by Mr. Moitoso's sister.
On motion of Mr. Miranda, seconded by Mr. Lynch, it is unanimously VOTED on a roll call vote to approve the license, subject to the approvals of the Chief of Police, Building Inspector, and Health Inspector.
Victualer/Over 50 - Moitoso's Pub, Inc., 218 Warren Avenue
On motion of Mr. Miranda, seconded by Mr. Lynch, it is unanimously VOTED to approve the license, subject to approvals from the Chief of Police, Building Inspector, and Health Inspector.
Dance/Entertainment - Moitoso's Pub, Inc., 218 Warren Avenue
On motion of Mr. Miranda, seconded by Mr. Lynch, it is unanimously VOTED to approve the license, subject to approvals from the Chief of Police and Building Inspector.
Pool Table/Sunday Included - Moitoso's Pub, Inc., 218 Warren Avenue
On motion of Mr. Miranda, seconded by Mr. Lynch, it is unanimously VOTED to approve the license, subject to approvals from the Chief of Police and Building Inspector.
Secondhand/Gold & Silver - Steven A. Innarelli, dba: American Rare Coin, 311 Newport Ave.
Steve Innarelli, 7 Gladding Drive, Cumberland, Rhode Island is present and sworn.
On motion of Mr. Lynch, seconded by Mr. Miranda, it is unanimously VOTED on a roll call vote, to approve the license, subject to approvals from the Chief of Police and Building Inspector.
Secondhand - Goodwill Industries of Rhode Island dba Goodwill Retail Store, 376 Newport Ave.
Carol Johnson, 4 Richmond Street, Pawcatuck, Connecticut is present and sworn.
On motion of Mr. Larisa, seconded by Mr. Lynch, it is unanimously VOTED to approve the license, subject to approvals from the Chief of Police and Building Inspector.
Peddler/Novelties - Steven Berry, dba K & S Novelty, Inc., 29 Lauriston St., Providence, RI
Kevin Skelly, 29 Lauriston Street, Providence, Rhode Island is present and sworn.
Mr. Skelly says he plans to sell flowers and novelties on Easter and Mother's Day. Mr. Lynch voices his objections to this type of license, saying it is not fair to the local business people.
The questions arises that this is not the same person that applied for the license. Mr. Skelly says he is the owner of the company, and Steven Berry is his employee.
Steven Berry, 57 Bucklin Street, Pawtucket, Rhode Island is present and sworn.
Motion to approve the license is made by Mr. Midgley, seconded by Mr. Larisa. Motion passes 4-1, with Mr. Lynch voting Nay.
Sunday Sales - Carousel Of Flowers, 2731 Pawtucket Avenue
On motion of Mr. Larisa, seconded by Mr. Lynch, is unanimously VOTED to approve the license, subject to approvals from the Chief of Police and Building Inspector.
Carnival - May 29,30,31, 1998 - Holy Ghost Beneficial Brotherhood, 51 No. Phillips Street
Mr. Miranda speaks on the license. He says there was a meeting held at the Police Station, with the Chief, the Fire Chief, the Building Inspector, City Clerk, Lt. Miranda and himself with representatives of all organizations in the City that have Feasts. He says all the requirements were explained to the people attending and believes that all regulations will be followed.
On motion of Mr. Miranda, seconded by Mr. Lynch, it is unanimously VOTED to approve the license, subject to approvals from the Chief of Police, Building Inspector, Fire Marshall, and Electrical Inspector.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
Planning Board recommending approval of the disposition of City-owned land on Anson Drive Map 513, Block 13, Parcel 35 (Requested by Sheila Tobin).
Mr. Conley gives the Council some background on the matter. He says that part of the property encroached onto a City right-of-way. On motion of Mr. Larisa, seconded by Mr. Lynch, it is unanimously VOTED on a roll call vote to approve the disposition of the property.
Mr. Lemont requests approval to award a bid for the planting of 49 trees to Samuel Kinder company, which is not the low bidder. After discussion, on motion of Mr. Miranda, seconded by Mr. Lynch, it is unanimously VOTED to approve.
Mr. Lemont speaks on the purchase of police cars. He says during the budget deliberations, he proposed putting off purchasing new police cars until August 1998. He asks for Council permission to put the bid out four months earlier. After discussion, on motion of Mr. Lynch, seconded by Mr. Larisa, it unanimously VOTED to approve.
CITY MANAGERS REPORT
Mr. Lemont speaks on Boom Boxes and says the City is going to declare war on violators this year. Chief Dias says if someone has a car stereo that is so loud as to disturb the peace and if it can be heard 50 feet away from the car, the person will be charged. Mr. Lemont says people will not be given warnings, they will be charged.
Mr. Lemont says he has met with the Chief regarding Specials and they have not yet formulated their recommendations for the Council.
Mr. Lemont reports that the garage on Mauran Avenue will be renovated with new doors, new heating system, and new water heater, and will be used by the Parks Department. Also, new doors will be placed at the Bentley Street garage, and a portion of the garage will be used for a Recycling Center.
Mr. Lemont speaks on underground storage tanks, which are at all the Fire stations, public garage, and several of the pumping stations. He says there is a requirement that they be either certified and up-to-date or replaced by the end of 1998, and the cost will be substantial. Fortunately, money has been saved on the overtime and plowing and sanding operation, due to the mild winter, and the bid that came in on the waste hauling gave the City a substantial savings, which will allow the problem to be solved without asking for expenditures from the Surplus Property Account.
Mr. Lemont echoes Mayor Grant's comments on the Meningitis clinic.
Mr. Lemont says he will be coming to the Council in the near future to request tapping into the Surplus Property Account to replace aging rescue vehicles. Mr. Larisa says he is still waiting to see a proposal for billing for rescue services.
William J. Conley, Jr., City Solicitor, reviews a lease agreement between the City and University Physicians Foundation, Inc. It is noted that page 6 has a typo, which will be corrected with the word "lessee" rather than "lessor."
Mr. Lemont reports that a grand opening of the Senior Center will be held on May 11, 1998.
Ancient Little Neck Cemetery Commission - Status Report
There being no one from the Commission present, motion to Defer to the next meeting is made by Mr. Larisa, seconded by Mr. Midgley, and unanimously VOTED.
CLAIMS COMMITTEE
PHH Vehicle Management Services Claim No. 98-15 Approved
Maria Rosa Nogueira Claim No. 98-12 Denied
Liberty Mutual Insurance Co. Claim No. 98-14 Denied
Amica Mutual Insurance Co. Claim No. 98-13 Referred to Law Department
Dept. Of Justice vs. City of East Providence - complaint filed by the Justice Department regarding handicapped accessibility at Pierce Field - referred to Law Department
On motion of Mr. Lynch, seconded by Mr. Miranda, it is unanimously VOTED on a roll call vote to accept the report as presented.
The meeting recesses at 8:55 p.m. and reconvenes at 9:00 p.m.
Mr. Larisa proposes amending Council regulations to make the ordinances more understandable to the public. Motion is made by Mr. Larisa, seconded by Mr. Lynch, and unanimously VOTED to make the docket more user friendly.
Mr. Larisa speaks on the problems at the dog pound, and says he thinks things have escalated. He proposes that in the future the City Manager meet with the poundkeeper and resolve problems.
Mr. Lynch speaks about the bills sent out by the Narragansett Bay Commission to 3500 customers in the northern end of the City, and states that was an error. He says that he has suggested over the years taking those 3500 customers and tying them into our own treatment plant. He asks the City Manager to meet with other City officials to determine what it would cost to have an engineering firm figure out what the real cost would be to accomplish that goal.
Mr. Lynch speaks about a house fire on Williams Avenue, which he witnessed, and commends the Fire Department and personnel for the job they did.
Mr. Lynch asks for a Point of Personal Privilege, to announce that he will not seek reelection to the City Council, and that he will be running for the 42nd Senate District.
Mayor Grant receives Unanimous Consent to announce a fund raiser for Rachel Rose, an East Providence youngster who was stricken with an unknown virus.
Mayor Grant announces the Rabies Clinic will be held on Sunday, March 29, 1998.
Mayor Grant announces that Fort, Inc. will be bringing 25 more new jobs into East Providence.
AN ORDINANCE AMENDING CHAPTER 6 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)
Discussion is held on the ordinance. Mayor Grant speaks about eliminating the fee. Mr. Larisa speaks about his concerns about other communities dumping, and says he is concerned with the fiscal impact. He asks for a fiscal impact statement prior to the second passage. Mr. Lemont says the fees would be used to offset the costs of two people for fourteen days (a Laborer and Leadworker) for five hour periods for a total cost of $3100.
On motion of Mr. Midgley, seconded by Mr. Larisa, it is unanimously VOTED to approve the ordinance for First Passage.
AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF EAST PROVIDENCE, RHODE ISLAND; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE.
On motion of Mr. Larisa, seconded by Mr. Miranda, it is unanimously VOTED on a roll call vote to approve for First Passage.
AN ORDINANCE AMENDING CHAPTER 18 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: HOPPIN AVENUE (eastbound and westbound traffic), at Arnold Street.
On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously VOTED on a roll call vote to approve for First Passage.
AN ORDINANCE AMENDING CHAPTER 18 ENTITLED "VEHICLES AND TRAFFIC.", which amends SEC I. Article IV entitled "Traffic Signals.", SEC 18-86 entitled "Right turns on red lights prohibited at certain intersections.", adding thereto the following: TAUNTON AVENUE (eastbound traffic), onto PURCHASE STREET.
On motion of Mr. Miranda, seconded by Mr. Midgley, it is unanimously VOTED on a roll call vote to approve for First Passage.
Robert D. Sullivan, 1 Seaview Avenue - East Providence Politics
The City Clerk informs the Council that Mr. Sullivan was called out of town and was unable to attend the meeting.
Attorney William J. Lynch - Representing Nancy Stevens and the Rumford Morning School, requesting that the City declare the driveway and small strip of land between the Rumford Morning School and the sidewalk on Greenwood Avenue as surplus property and that the same be deeded over to the Rumford Morning School.
On motion of Mr. Larisa, seconded by Mr. Midgley, it is unanimously VOTED to refer the matter to the Planning Board.
At the request of Marybeth Bowden, Volunteer Services for Animals, the request to address the Council is deferred to the next meeting.
There being no further business, the meeting adjourns at 9:45 p.m.
Attest:
Valerie A. Perry, CMC
City Clerk Approved: April 7, 1998