CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
TUESDAY,
The City Council meets in the Council Chamber on Tuesday, April 6, 1999, and is called to order at 7:35 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
Mayor Larisa asks for Personal Privilege and thanks the Council and the entire community for their kindness during the days following the death of his mother, Representative Rose Larisa. A moment of silence is taken, followed by the Invocation by Mayor Larisa.
The Salute to the Flag is led by Councilman Midgley.
Lori Merolla, Merandi Reporting, is present to record the proceedings of the public hearings.
Mr. Lemont announces that he is contributing to the Carousel in the name of Rose Larisa, and says the public is invited to do the same, in the hopes of getting a lasting memorial in her name.
1. APPROVAL OF COUNCIL JOURNALS
March 7, 1999 - Special Meeting Re: Crescent Beach
March 16, 1999 - Regular City Council Meeting
March 30, 1999 - Special Meeting Re: Soccer Fields
2. Alcoholic Beverage - Class F1 - Friday April 30, 1999 - Saturday, May 1, 1999
St. Mary's Academy - Bayview, 3070 Pawtucket Avenue
3. Alcoholic Beverage - Class B Ltd. - (Permission to Advertise)
Applicant: Bullocks Point Cafe, 664 Bullocks Point Avenue
4. Tag Days - April 16, 17, 18, 1999 -
Knights of Columbus, c/o Stephen Costa, 77 Burnside Avenue
5. RIDEM - Public Notice PN99-03 Draft RIPDES General Permit for Discharges Associated with the Treatment of Groundwater Contaminated by #2 Fuel Oil
6. CRMC Maintenance Certification 99-3-8 - Replace 130 linear feet section of 24" diameter clay pipe with new 130 lf section of 30" diameter concrete pipe - Located at Map 312, Block 3, Grant Avenue, ROW, East Providence, RI
7. Cancellation/Abatements
Year Amount
1991 $ 114.15
1997 11,240.67
1998 11,440.41
8. Town of Jamestown - Asking for support of Resolution re: Quonset/Davisville proposed container port
At the request of Mr. Rogers, the minutes of the March 16, 1999 meeting are removed from the Consent Calendar for amendment. The minutes will be put on the next meeting docket for approval.
On motion of Mr. Grant, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to approve the Consent Calendar as amended.
Alcoholic Beverage License - Class B Limited - Advertised March 11, 18, 1999
Notice mailed to abutters on March 23, 1999
PIM Corp., dba Siam Square Restaurant - 1050 Willett Avenue
Attorney Milton Slepkow, representing the applicant, Sipim Tongsap, 53 Hillside Avenue, Providence, Rhode Island, addresses the Council regarding the business operation.
There is no one from the public wishing to speak for or against the license.
On motion of Mr. Midgley, seconded by Mr. Grant, and on a roll call vote, it is unanimously VOTED to approve the license, subject to approvals from the Building and Health Inspectors.
Victualing License/26 - 50 Persons
PIM Corp., dba Siam Square Restaurant - 1050 Willett Avenue
On motion of Mr. Midgley, seconded by Mr. Grant, it is unanimously VOTED to approve the license, subject to approvals from the Building and Health Inspectors.
Sunday/Holiday Sales -Family Dollar Stores of R.I., Inc., 56 Newport Avenue
Lisa Morales, 64 Ashton Street, Pawtucket, Rhode Island is present and sworn.
On motion of Mr. Rogers, seconded by Mr. Grant, it is unanimously VOTED to approve the license, subject to approval from the Building Inspector.
Sunday/Holiday Sales - Class 2 (Open to 1:00 P.M.)
Say It With Chocolates, Inc. - 1086 Willett Avenue
Kim Borges, 1 Indian Road, Riverside, Rhode Island is present and sworn.
On motion of Mr. Midgley, seconded by Mr. Grant, it is unanimously VOTED to approve the license, subject to approval from the Building Inspector.
Peddler - Brendan McVeigh, 40 Kepler Street, Pawtucket, RI
The applicant is not present. On motion of Mr. Midgley, seconded by Mr. Midgley, it is unanimously VOTED to defer to the next meeting.
Later in the meeting, it is noted that Mr. McVeigh had been present for 8:00 p.m., believing the meeting started at that time, but had to leave.
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously VOTED to temporarily approve the license, subject to the approval from the Chief of Police, and have Mr. McVeigh present at the next meeting.
Peddler - Thomas Turcotte, 194 East Street, Pawtucket, RI
The applicant is not present. On motion of Mr. Midgley, seconded by Mr. Grant, it is unanimously VOTED to defer to the next meeting.
Later in the meeting, the applicant is present and sworn.
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously VOTED to approve the license, subject to approval from the Chief of Police.
Hawker - Robert E. Sousa, dba Zbest Landscape & Gardners - 338 Massasoit Ave.
It is determined that the applicant does not need a license, because he will be selling retail, and not on Sundays.
Secondhand/Miscellaneous - Patricia D. Levesque, dba Jay-Row Raceway Collection
326 Bullocks Point Avenue
Patricia and Ronald Levesque, 300 Taunton Avenue, Seekonk, Massachusetts are present and sworn. On motion of Mr. Midgley, seconded by Mr. Grant, it is unanimously VOTED to approve, subject to approval from the Building Inspector.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
Proposed Change of Use for DelleFemine Field
Mr. Lemont gives an overview on the matter, which deals with the concerns of the Soccer groups for additional playing fields in the City. He says the most viable short-term solution would be to convert a softball field at the DelleFemine Field for soccer.
Julia Forgue, Public Works Director, reviews the proposed plans, which would remove the existing softball field to accommodate the soccer field, and to shift the football field to an easterly direction. She tells the Council that the projected cost for the work at the field is $40,000. The work will be done by the Parks Division, with the exception of the irrigation system, which will be done by a private contractor.
Mr. Grant says there is room at Kent Field for a soccer field, but Mr. Lemont disagrees, saying there is not enough land there.
Mr. Miranda mentions Rose Garden and says there is plenty of land there. He asks Ms. Forgue for a cost estimate of both Rose Garden and Kent Field.
Mr. Conley mentions the fact that the DelleFemine Field was funded by land and water conservation fund grants, and the regs say a process must be followed when there is a change in use.
Joseph Crook, Recreation Director, says scheduling could be done to accommodate both soccer and football.
Mr. Miranda says he wants to make it clear that he is not trying to knock out any teams. He says soccer is a growing sport and the people involved pay taxes and deserve the fields.
Mr. Midgley suggests that when the adults are not playing, the youth be allowed to play on the adult fields.
After further discussion, Mayor Larisa asks if anyone on the Council is still in favor of a proposed change of use for DelleFemine Field as explained by the Public Works Director, for a 120 yd. x 70 yd adult soccer field. There is no affirmative response from the Council.
Mr. Miranda says he wants the assurance of the Council to at least move somewhere to get the ball rolling.
Mayor Larisa asks the Public Works Director for a report for the next Council meeting on the costs for both Rose Garden and Kent Field for the 120 x 70 yd. soccer field.
Mayor Larisa also speaks about a 40 x 80 yd. field at DelleFemine Field for youth soccer.
After further discussion, Mayor Larisa says the matter will be continued to the next meeting, and the following motion would be in order: To have the Public Works Director prepare a report on the following three options: 1) leaving the football field as is and putting in a 40x80 yd. Soccer field; 2) a larger field (40 or 50x100) with some overlap, which could be subdivided; 3) no strict boundaries, leave open what sized field) - all eliminate softball.
For the adult soccer, Ms. Forgue will get a cost analysis for Rose Garden and Kent Field, along with a recommendation of which one to go with.
On motion of Mr. Miranda, seconded by Mr. Grant, and on a roll call vote, it is unanimously VOTED to approve.
(Given first passage March 16, 1999)
Advertised - Providence Journal - March 19, 1999
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 SEC. I. Sec. 18-269 entitled "Stop and yield intersections designated; when stops required." is amended by adding thereto the following:
PLYMOUTH RD. (eastbound and westbound traffic), at Bradford Avenue
CLYDE AVE. (southbound traffic) at its intersection with Plymouth Road
Requested by Director of Public Works CHAPTER NO. 61
There are no persons from the public wishing to be heard.
On motion of Mr. Miranda, seconded by Mr. Grant, and on a roll call vote, it is unanimously VOTED to approve for Final Passage.
1. Requesting Pre-qualification approval for Road Surfacing & Kent Heights Playground Improvements
Mr. Rogers asks why Ward I streets were not included in the list of streets to be resurfaced. Ms. Forgue says that the areas are in CDBG areas. She also mentions that the work schedule is done by area, which is more cost effective than moving from place to place throughout the City.
The Council gives permission for public comment.
Chester Mott, 28 Grant Avenue, East Providence, Rhode Island is present and sworn. He asks about the repair of Pawtucket Avenue, and is told this is a State roadway.
On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously VOTED to approve.
2. Requesting Pre-qualification approval for Cleaning & Inspection of 27" Gravity Interceptor & Siphons
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously VOTED to approve.
3. Request for Increase for City Appraiser
Mr. Lemont states that the City Appraiser, Dick Costa, James Auto Body, has been receiving the same fee for thirty years - $12 for each appraisal. He asks the Council to increase the fee to $20 for appraisals of less than $1,000 and $40 for appraisals of more than $1,000.
Mr. Miranda and Mr. Midgley speak on behalf of Mr. Costa. Mr. Rogers says he would like to get the aggregate amount of money that the City spends each year on the estimates.
Mayor Larisa suggests instead of $20 and $40, to double the $12 and make it $24 for all estimates. It is further suggested to make it an even $25.
After further discussion, motion is made by Mr. Midgley, seconded by Mr. Grant, to increase the fee to $30 for all appraisals. Roll call vote follows:
Mr. Grant Aye
Mr. Midgley Aye
Mr. Miranda Aye
Mr. Rogers Nay
Mayor Larisa Aye
The motion passes 4-1.
4. City Manager's Report
Mr. Lemont reports that the R.I. League of Cities and Towns will be signing a five year agreement which will result in a 7%-9% savings on the City's electric bill, the result of the deregulation of the electric industry, spearheaded by former East Providence Representative George Caruolo.
Mr. Lemont reports that the Willett Avenue Pond will be stocked with Trout in time for Opening Day.
Mr. Lemont reports that a State Report on property tax compliance lists East Providence as one of three communities in the state that has stayed within the 5.5% cap - Mayor Larisa notes that East Providence is the only City on the list.
(By Timothy J. Chapman, Assistant City Solicitor)
Confirmatory Quitclaim Deed
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously VOTED to approve.
Claims Committee Report
Bethany Imbush Claim No. 99-13 Denied
Maria Leite Claim No. 99-18 Denied
Safety Insurance Group Claim No. 98-42 Approved
Jeanne McGurl, Claim No. 99-11 Approved
Winquist v. City - reached a settlement of $40,000 with former Chief of Police over unused vacation and other leave in return for waiving his claim of reversionary annuity, where his pension would go to his son rather than his spouse.
Mayor Larisa states that in the past the City has paid out enormous sums of money to the prior two chiefs in accrued vacation time that was not taken. He says the case could have been lost, which would have cost over $100,000.
On motion of Mr. Grant, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to accept the Claims Committee Report as presented.
1. (By Mayor Joseph S. Larisa, Jr.)
Mayor Larisa announces that polls will be open on April 27, 1999 to vote on a bond issue for a $3,000,000 road improvement program, which did not get on the November ballot. He says the Council needs to authorize the Public Works Director to seek bids for Phase I road improvements, which will be done subject to voter approval.
On motion of Mr. Midgley, seconded by Mr. Rogers, it is unanimously VOTED to approve.
Mayor Larisa introduces Edna Anness and David Kelleher of the Historic Properties & Designation Study Commission, who present a slide presentation on the history of Crescent Park and Crescent Beach.
2. (By Councilman Patrick A. Rogers)
Myron J. Francis School - Odyssey of the Mind State Champions
Stanley Traverse, Principal of Myron J. Francis School, speaks on the Odyssey of the Mind competition, which 19 students competed and qualified for international competition in Tennessee. He says the total cost will be approximately $11,000, and they now have approximately $7,500, with a $3,500 donation coming in from the School Department.
Mr Rogers makes a motion, seconded by Mr. Grant to appropriate $3500. Mayor Larisa asks for a friendly amendment to make up the difference between the $11,000 needed and the total amount raised. The motion passes unanimously.
"Safe Summer" Traffic Safety Program
Mr. Rogers says the Police Chief was asked to put together a program which would run from Memorial Day to Labor Day, and would address the concerns of safety for children during the summer months.
Lt. Robert W. McKenna, the author of the report, gives a synopsis. He says the focus of the program is an education component with voluntary public compliance of the motorists in the City, followed by strict enforcement.
The program will be City-wide, with emphasis on neighborhoods, and will be run seven days a week, with concentration during the daylight hours.
Discussion is held on the cost of the program. It is determined that there are three fundamental components: 1) Education - costs involved would include flyers, signs, ads, etc.; 2) Equipment - machines to determine speed; 3) Personnel Costs - options would include using existing manpower for a minimum amount of overtime.
Chief Dias states that the total cost will be approximately $23,441.60, over and above overtime costs. Mr. Miranda asks if every police officer will be used, and says he wants to keep the costs down. Mr. Midgley states that the program could be conducted by shifting the forces and could be done without overtime.
Chief Dias is asked to have a report ready for the next meeting which will show a reasonable cost for the program and what the minimum need is for the education component of the program.
3. (By Councilman Rolland R. Grant)
Telephone and Electric Poles
Mr. Grant says a recent wind storm picked up a telephone pole and threw it against a house. He says the Telephone Company is immune to paying City taxes, which costs millions of dollars every year. He says he wants the PUC to get after people regarding double poles. He asks for a Resolution to be sent to the PUC asking them to regulate the double poles out of the City.
Mayor Larisa states that there is legislation that's been in the General Assembly for two years, mandating the removal of all double poles by a certain date. He suggests having the Solicitor write to the PUC on behalf of the Council, asking if there is an existing schedule and if there is a schedule to remove the double poles in East Providence.
Sewer Connection for James Pereira, 30 Hilltop Road
Mr. Grant says this house is the only one on the street that is not connected to the City's sewer system. He says it could be connected to an existing pipe. He also states that it could be paid for from the Sale of Surplus Property Account.
Mayor Larisa asks for a report from the City Manager and Public Works Director to determine how many similar situations exist in the City, and what the approximate costs would be. Julia Forgue, Public Works Director, states that it would cost approximately $10,000 for the sewer extension. She says she is recommending that it be done by a private contractor, because it would be more efficient and more feasible.
4. (By Councilman Norman J. Miranda)
Warren Avenue Extension
Mr. Miranda says he is bringing this up again to keep the subject active. It is reported that P&W will be at the next meeting with a proposal for the area.
Mr. Lemont reports that he called the Governor's office to set up a meeting with the Governor and to show him the opportunities the City has with the land that has become available with the departure of the oil companies.
At the request of Mr. Midgley, the meeting reverts back to the licensing portion of the meeting to hear the licenses which the applicants were not present for. (See under heading "Licenses Not Requiring Public Hearing.)"
Mr. Rogers asks that the Clerk be directed to take out ads for the upcoming election for the $3,000,000 bond issue.
1. RESOLUTION REQUESTING THE OPENING OF THE FIRST WAMPANOAG TRAIL TURN-A-ROUND SOUTH OF FORBES STREET AND THE INSTALLATION OF APPROPRIATE TRAFFIC SIGNALS AND SIGNAGE FOR SAID WAMPANOAG TRAIL TURN-A-ROUND
A motion to approve the Resolution is made by Mr. Midgley, seconded by Mr. Miranda.
Mr. Rogers speaks on his opposition to the Resolution. He says he is troubled that reopening the turn-a-round could cause public safety problems.
Discussion is held about inserting the word "temporary" and it is decided that the Resolution will be reworded to reflect a temporary reopening of 90 days, with increased traffic enforcement.
Discussion is also held on the signage, which Mayor Larisa says he does not believe anyone in the State will approve.
Mr. Midgley and Mr. Miranda both agree on the amendment to the Resolution. Roll call vote is taken on the motion:
Mr. Grant Aye
Mr. Midgley Aye
Mr. Miranda Aye
Mr. Rogers Nay
Mayor Larisa Aye
The motion passes 4-1.
2. RESOLUTION REQUESTING THE REINSTATEMENT OF NECESSARY FUNDING FOR THE REGULATED COLLECTION OF USED MOTOR OIL PROGRAM. (Requested by the City Manager)
On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously VOTED to adopt the Resolution.
3. RESOLUTION REQUESTING THE REINSTATEMENT OF NECESSARY FUNDING FOR THE SUMMER YOUTH LITTER CORPS PROGRAM (Requested by the City Manager)
On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously VOTED to adopt the Resolution.
(If given first passage, can be referred to the next regular Council meeting to be held on April 20, 1999 for a public hearing and consideration of final passage)
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 SEC. I. Sec. 18-307 entitled "Parking prohibited at all times." by adding thereto the following: EASTERNAVENUE (south side) (Requested by Director of Public Works)
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously VOTED to approve for First Passage.
2. AN ORDINANCE IN AMENDMENT OF CHAPTER 11 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "PERSONNEL." which amends Section 11-111 entitled "Adoption." (This ordinance brings the Pay Plan up-to-date with previously approved salary increases).
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously VOTED to approve for First Passage.
3. AN ORDINANCE AUTHORIZING THE CITY OF EAST PROVIDENCE TO ACQUIRE BY EMINENT DOMAIN CERTAIN PARCELS OF LAND FOR PARKS AND RECREATION PURPOSES (Requested by Mayor Larisa)
This ordinance authorizes the City of East Providence to acquire a portion of Map 414, Block 13, Parcel 8 by eminent domain for parks and recreation purposes.
Mayor Larisa defers the ordinance to the next meeting.
On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously VOTED to approve Mayor Larisa's reappointment of David Kelleher, 36 Riverside Drive, East Providence, RI 02915 to the Historic Properties & Designation Study Commission.
On motion of Mr. Miranda, seconded by Mr. Midgley, it is unanimously VOTED to approve Mr. Midgley's reappointment of John Conley, 115 Smith Street 02915, to the Carousel Park Commission, for a term expiring January 2002.
On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously VOTED to approve Mr. Midgley's appointment of Sharlene Damiani, 887 Willett Avenue, 02915 to the Carousel Park Commission,
1. Michael Znosko, Chairman, Ancient Little Neck Cemetery Commission, addresses the Council regarding the transfer of a World War II Naval Gun to Ancient Little Neck Cemetery. He says the City of Pawtucket wants a Consent Form from the City of East Providence before discussing it further.
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously VOTED to approve the drafting of a Consent Form.
2. Lester Farnsworth, requesting to address the Council on behalf of Riverside business owners, re: Riverside Pride program
On motion of Mr. Miranda, seconded by Mr. Rogers, the item is deferred to the next meeting.
3. Riverside Youth Football requesting to address the Council regarding soccer fields at Riverside Recreation Field. - The item is postponed to the next meeting.
4. Edward Donahue, 106 Vincent Avenue, East Providence, Rhode Island, requesting to address the City Council re: Police Charge of Assault by next door neighbor
Mr. Donahue is not present. On motion of Mr. Miranda, seconded by Mr. Midgley, it is unanimously VOTED to remove the item from the Docket.
There being no further business, the meeting adjourns at 11:17 p.m.
Attest:
Valerie A. Perry, CMC
City Clerk Approved: April 20, 1999