CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
The City Council meets in the Council Chamber on Tuesday, August 10, 1999 and is called to order at 7:45 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 )
William J. Conley, Jr. ) City Solicitor
Valerie A. Perry ) City Clerk
Absent:
Paul E. Lemont ) City Manager
The Invocation is led by Councilman Grant.
The Salute to the Flag is led by Councilman Miranda.
Lori Merolla, Merandi Reporting, is present to record the proceedings of the public hearings.
1. APPROVAL OF COUNCIL JOURNALS
Regular Meeting - July 6, 1999
Show Cause Hearing on Entertainment License Brownie's Pub - July 27, 1999
2. Coastal Resources Management Council - File No. 99-7-5 Residential Assent Construct single family dwelling (26'x42') associated site improvements located at White Ave. (between No. 54&46; Map 313, Block 6, Lot 13) (Salvatore Martira)
3. Coastal Resources Management Council - File No. 99-6-56 Residential Assent
Repairs/Reconstruction of 50% of existing single family dwelling, landscaping, debris removal; located Map 313, Plat 9, lot 4; 1 Harding Ave. (William G. Campos, 188 Narragansett Avenue)
4. Coastal Resources Management Council - File No. 99-7-27 Assent
Coastal Wetland Restoration and Phytoremediation Project, located at Unical Facility, 1 Pier Road; Plat 6, Lot 1 (Union Oil Company of California)
5. Coastal Resources Management Council - File No. 99-7-47 Finding of No Significant Impact - Vinyl siding (reshingling existing building) Plat 68; Lot 46 Located at 249 Terrace Avenue (Mario Vigliani)
6. Cancellations/Abatements - City Assessor requesting cancellation of taxes as follows:
Year Amount
1999 $57,859.36
1998 902.00
1997 655.94
Total $59,417.30
On motion of Mr. Midgley, seconded by Mr. Grant, and on a roll call vote, it is unanimously VOTED to approve the Consent Calendar as presented.
Presentation to the Police Department by VFW Primmer Cordeiro Post #5385
Commander Frank Giordano and members of the VFP Primmer Cordeiro Post #5385 present a plaque to Chief Gary Dias in appreciation of the work done by the Police Department.
Mayor Larisa presents a Citation to Finance Director James McDonald for being named "Finance Officer of the Year" by the Rhode Island Government Finance Officers Association.
Rumford Little League - Senior Boys City-wide Champions
Mayor Larisa and Councilman Patrick Rogers present the "Mayor's Cup" trophy and certificates to the players and Coaches.
Auto Placement Center
Mayor Larisa ment9ions that a Citation has been prepared for the Auto Placement Center for their participation in the Gun Buy Back Program. The citation will be mailed.
On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously VOTED to change the order of business to allow the docket item under "Communications" to be heard next.
Lucie Contente, 60 Weeden Avenue, Rumford, Rhode Island is present and sworn and requests permission to hold a neighborhood party August 22, 1999.
On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously VOTED to approve.
On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously VOTED to return to the regular order of business.
(Advertised E.P. Post - 7/29/99)
Secondhand Dealer/Autos
Applicant - Altrui Bros. Truck Sales, Inc. - 1100 Warren Avenue
Anthony Altrui, 50 Colvin Street, Fiskeville, Rhode Island is present and sworn. In response to a question from Mr. Miranda, Mr. Altrui states that his hours of operation will remain between the hours of 7 A.M. to 9 P.M.
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, subject to approval from the Building Inspector.
(Advertised E.P. Post - 7/23/99 & 7/29/99 - Notices mailed to abutters 7/19/99)
Alcoholic Beverage - Class B Full Privilege
Applicant - Davenport's Bar & Grill, Inc. - 1925 Pawtucket Avenue
There are no persons from the public wishing to be heard.
On motion of Mr. Grant, seconded by Mr. Miranbda, it is unanimously VOTED to approve, subject to approvals from Chief of Police, Building Inspector, and Health Inspector
Victualing - Cl 1 (51 and over)
Applicant - Davenport's Bar & Grill, Inc. - 1925 Pawtucket Avenue
On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously VOTED to approve, subject to approvals from Chief of Police, Building Inspector, and Health Inspector
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
ORDINANCES - FINAL PASSAGE (Given first passage July 6, 1999)
Advertised - Providence Journal - July 9, 1999
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. 18-269 entitled "Stop and yield intersections designated; when stops required." by adding thereto the following: FIRST STREET (northbound and southbound traffic), at Tangent Street.
CHAPTER NO. 78
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.
2. 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. Subsection (a) of Sec. 8-523 entitled "Procedure for Licensing" by adding the following: (4) The applicant must hold a certificate of public convenience and necessity issued by the Division of Public Utilities and Carriers for the State of Rhode Island. (Requested by Law Department) CHAPTER NO. 79
There are no persons from the public wishing to be heard.
On motion of Mr. Grant, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to approve for Final Passage.
(The following Zoning ordinances were Advertised in the Providence Journal on July 31, August 6, August 10, 1999)
3. AN ORDINANCE IN AMENDMENT OF CHAPTER 19 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "ZONING"., which amends Subsection (b) of Sec. 19-351 entitled "Permitted uses." by adding Sec. (B) (3): Antennas, but not towers, upon the roof of any ten story building or greater located within any zoning district.
(Requested by Planning Department) CHAPTER NO. 80
There are no persons from the public wishing to be heard.
On motion of Mr. Grant, seconded by Mr. Rogers, and on a roll call vote, it is unanimously VOTED to approve for Final Passage.
4. AN ORDINANCE IN AMENDMENT OF CHAPTER 19 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "ZONING." which amends Subsection (b)(2) of Sec. 19-351 entitled "Permitted uses." to read as follows:
(2)(a) Notification of the proposed antenna or tower on property owned, leased or otherwise controlled by the city shall be required to be sent by first class mail by the applicant to all owners of real property whose property is located at within a two hundred-foot radius of the perimeter of the subject area as measured from the corners of the subject area; such notice shall be sent to the last known address of such owners as shown on the current real estate tax assessment records of the city at least fourteen days prior to the planning board meeting at which the use of city owned property for the location of the proposed antenna or tower will be reviewed by the planning board for purpose of making its recommendation to the city council.
(b) Notification of the proposed antenna or tower on property owned, leased or otherwise controlled by the city shall be required to be sent by first class mail by the applicant to all owners of real property whose property is located at within a two hundred-foot radius of the perimeter of the subject area as measured from the corners of the subject area; such notice shall be sent to the last known address of such owners as shown on the current real estate tax assessment records of the city and at least fourteen days prior to the city council meeting at which the license or lease authorizing such antenna or tower will be reviewed by the city council.
(c) The public notice to abutters provided for herein for the planning board meeting and the city council meeting shall contain a copy of the radius map showing the location of the cell tower and each of the properties within the two hundred foot radius of said location. (Requested by Mayor Larisa) CHAPTER NO. 81
There are no persons from the public wishing to be heard
On motion of Mr. Midgley, seconded by Mr. Rogers, and on a roll call vote, it is unanimously VOTED to approve for Final Passage.
5. AN ORDINANCE IN AMENDMENT OF CHAPTER 19 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "ZONING"., which amends Sec. 19-135 entitled "Use of required yards."by adding thereto the following:
(5) No fence or similar screen of solid appearance in a residential district shall exceed six (6) feet in height where located in the required rear yard or side yard or along property boundaries contiguous to the required rear yard or side yard when said boundary abuts another residential use. For a boundary between a residential and commercial or industrial use no fence or similar screen of solid appearance shall be less than six (6) feet nor more than ten (10) feet in height. These restrictions shall not apply to plantings such as arborvitae or other similar trees or shrubs. Said height shall be measured from the existing grade at the rear and side lot lines. (Requested by Mayor Larisa) CHAPTER NO. 82
The Council discusses the proposed ordinance amendment. Mr. Grant says he has an objection and wants to see special circumstances put in to allow people to put fences in where there are grades.
After discussion, Mayor Larisa proposes passing the ordinance and referring it back to Zoning and Planning, and to direct the City Solicitor to get back to the Council with a memo with alternate ideas.
Maureen Spaight, 61 Crescent Avenue, speaks against the ordinance and says the Council needs to give allowances.
Mr. Miranda makes a motion to approve the ordinance. Mr. Midgley seconds. Roll call vote is taken on the motion:
Mr. Grant Nay
Mr. Midgleyt Aye
Mr. Miranda Aye
Mr. Rogers Aye
Mayor Larisa Aye
The motion passes 4-1.
Planning Board recommending approval of the disposition of City-owned land at Narragansett Ave. and Sherman St. (Map 313, Block 1, Parcel 8) with certain restrictions
Linda James, 220 Narragansett Avenue, East Providence, Rhode Island is present and sworn. Ms. James, the petitioner, states that neighbor wants to purchase a 10' strip, which she is agreeable to.
Mr. Conley states that something is needed from the co-applicant and it will have to go back tot the Planning Borad.
On motion of Mr. Midgley, seconded by Mr. Grant, it is unanimously VOTED to refer back to the Planning Board.
Requesting pre-qualification approval for vendors to submit proposals for dental services
On motion of Mr. Midgley, seconded by Mr. Grant, it is unanimously VOTED to approve.
(By William J. Conley, Jr., City Solicitor)
1. Omnipoint/East Providence Pierce Memorial Park Lease Agreement
On motion of Mr. Rogers, seconded by Mr. Grant, it is unanimously VOTED to defer because of Mr. Lemont's absence.
2. Providence Water Supply Board Cathodic Protection System Agreement
On motion of Mr. Midgley, seconded by Mr. Rogers, it is unanimously VOTED to approve.
3. Claims Committee Report
Hartford Insurance Claim No. 99-42 Referred to Law Department
Noemia Medeiros Claim No. 99-45 Referred to Law Department
Caroline Osowiecki Claim No. 99-40 Referred to Law Department
Noreen Blanchette Claim No. 99-31 Denied
Debra Bellamy Claim No. 99-24 Approved for $250
Public Utilities Commission Referred to Law Department
Save the Bay v. City partial Consent Decree Approved
David A. Brown and
Brownie's Bar & Grille, Inc. v. City Referred to Law Dept. for PT Hearing
On motion of Mr. Midgley, seconded by Mr. Rogers, it is unanimously VOTED to accept the Claims Committee Report as presented.
(By Councilman Peter F. Midgley)
Reinstatement of Curbing Policy
Mr. Midgley speaks on a curbing policy that was discontinued several years ago. He asks that it be reinstated. Julia Forgue, Public Works Director, answers questions from the Council. Mayor Larisa says it should be made part of the budget.
Mayor Larisa says he wants a study done which will answer the questions: 1) What was the old program? 2) What was the cost of the program? 3) What is the cost of granite curbing. He also says he wants to know of any alternatives that the public Works Director or City manager can come up with and wants a report at the next Council meeting.
On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously VOTED to request a report from the City Manager and Public Works Director with an approximate cost.
Mr. Midgley says he wants it known that it is his intention to reinstate the policy.
(By Councilman Patrick A. Rogers)
1. Safe Summer Traffic Program - Update and Follow-up
At the request of Councilman Rogers, Chief Dias reports that the number of accidents and the number of accidents with injuries are down since the program was initiated.
2. New Fire Station – update
Mr. Rogers states that an appraisal has been received on land which has been proposed as the site of a new fire station in Rumford, and he hopes that the City Manager can put a bid in for it. He says he site is at the corner of Newman Avenue and Greenwood Avenue.
(By Councilman Norman J. Miranda)
Warren Avenue Extension
Mr. Miranda states that he is hoping something can be worked out with P&W Railroad for the proposed extension of Warren Avenue, and says he is anxious to get moving on it.
(By Councilman Rolland R. Grant)
Filthy Condition of State Highways
Mr. Grant speaks on the ongoing problem and says he is going to ask the mayor to establish a group of volunteers. He also asks that a letter be sent to D.O.T. requesting that the weeds be removed from sidewalks. He suggests using the Department of Corrections to sweep.
(By Mayor Joseph S. Larisa, Jr.)
.Riverside Pride and Grant Money
Mayor Larisa states that he is pleased with the $275,000 grant to spruce up Riverside Square and requests that Jeanne Boyle be present at the next meeting to give a report.
.URI Elderly Study
Mayor Larisa defers the item to the next meeting and requests that Nancy Remington be present to give a report.
.Personnel Matters - Closed Session
On motion of Mr. Grant, seconded by Mr. Rogers, it is unanimously VOTED to defer to the next meeting.
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. 18-269 entitled "Stop and yield intersections designated; when stops required." by adding theretothe following: MAYFLOWER STREET (eastbound and westbound traffic) at its intersectionwith Dover Avenue (Requested by Director of Public Works)
On motion of Mr. Midgley, seconded by Mr. Grant, it is unanimously VOTED to approve for First Passage.
2. 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.", adding thereto the following:
MAPLE AVENUE, north side, in front of house number 105, from a point fifty-seven (57) feet east of the Villa Street intersection easterly twenty-five (25) feet. (Requested by Director of Public Works)
On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously VOTED to approve for First Passage/
3. AN ORDINANCE IN AMENDMENT OF CHAPTER 10 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "NUISANCES".,which amends Sec. 10-4. entitled "Installation of electric fence." by adding thereto the following:
(5) No person shall install as part of any fence, wire, or enclosure any barbed wire or razor wire or similar device or material on or abutting a residential zone. (Requested by Mayor Larisa)
On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously VOTED to approve for First Passage.
(By Councilman Rolland R. Grant)
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously VOTED to approve the appointment of William Lopes , 185 Martin Street (02914) to Traffic Control.
(By Councilman Norman J. Miranda)
On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously VOTED to approve the appointment of
On motion of Mr. Grant, seconded by Mr. Rogers, it is unanimously VOTED to approve the following to the Sister Cities Committee:
John Faria 20 Rowley Street (02914)
Jose Estrela 55 Sumach Avenue (02915)
John Paiva 155 Fort Street (02914)
Paul J. Tavares 940 Veterans Memorial Parkway
There being no further business, the meeting adjourns at 9:39 p.m.
Attest:
Valerie A. Perry, CMC
City Clerk Approved: September 7, 1999