CITY OF EAST PROVIDENCE
JOURNAL OF REGULAR COUNCIL MEETING
RHODE ISLAND
TUESDAY,
The City Council meets in the Council Chamber on Tuesday, December 21, 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
The Invocation is led by Councilman Grant.
The Salute to the Flag is led by Councilman Rogers.
Lori Merolla, Merandi Reporting, is present to record the proceedings of the public hearings.
1. Approval of Council Journals
December 7, 1999 - Regular Meeting
2. Alcoholic Beverage License - Class F - December 31, 1999
St. Martha's Church - 2595 Pawtucket Avenue
3. Alcoholic Beverage License - Class B Full Privilege (Permission to Advertise)
Christine Bevilacqua, dba The Corner Grill - 664 Bullocks Point Ave.
4. Alcoholic Beverage License - Class B Full Privilege (Permission to Advertise)
AJR Restaurant Group Inc., dba Estrella Do Mar - 736 No. Broadway
5. R.I.D.E.M. - INSIGNIFICANT ALTERATION PERMIT No. 99-0376
Immediately northeast of King Philip Road, approximately 500 ft. east/southeast of its intersection with Dexter Road, approximately 600 ft. south/southwest of Omega Pond, at Utility Pole No. 11, Assessor's Map 304, Block 1, Lot (formerly parcel C-2).
6. Town of Narragansett - Resolution in Support of a Petition for Stricter Laws on Drinking and Driving
On motion of Mr. Grant, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to approve the Consent Calendar.
PROCLAMATIONS, PRESENTATIONS, INTRODUCTIONS
Mayor Larisa proclaims this day as "East Providence High School Football Team Day" and presents the coaches with copies of the Proclamation. He and the Council members present Certificates of Recognition to members of the Townies Football Team - 1999 Division I Superbowl Champions, and to Drum Majors and Flag Corps Captains of the East Providence High School Band, as well as to the captains of the East Providence High School Cheerleaders.
On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously VOTED to support the purchase of jackets for the team members.
The meeting recesses at 8:15 p.m. and reconvenes at 8:25 p.m.
Alcoholic Beverage License - Class B Full Privilege
(Advertised E.P. Post - November 25 & December 2, 1999)
LaRosa Restaurant, Inc., dba LaRosa Restaurant - 335 Newport Avenue
Michael C. Normandin, 6 LaForge Drive, Coventry, Rhode Island is present and sworn.
Robert J. Healey, Jr., Attorney for Global Horizon, Inc., Liquor Wholesalers, speaks on an objection to the transfer of the license from Cafe Gianni. Mr. Healey argues the position that this is a new license rather than a transfer. He says State Law prohibits a transfer if there is an objection.
Mr. Conley asks if there was a sale from the preceding business at this location, and the applicant responds that there was not, nor did he engage in any type of transaction from the prior owner. He is not buying the business assets, he is leasing the building from the land owner, and he had no contact with the prior owner. Mr. Conley states that these facts indicate that there was no transfer and this license should be treated as a new license.
On motion of Mr. Rogers, seconded by Mr. Grant, and on a roll call vote, it is unanimously VOTED to approve the license, subject to approvals from the Chief of Police, Building Inspector, and Health Inspector.
Victualing License - Class 1 - 51 and over
LaRosa Restaurant, Inc., dba LaRosa Restaurant - 335 Newport Avenue
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously VOTED to approve the license, subject to approvals from the Chief of Police, Building Inspector, and Health Inspector.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
ORDINANCES - FINAL PASSAGE (Given first passage December 7,1999)
Advertised - Providence Journal - December 10, 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. 18-269 entitled "Stop and yield intersections designated; when stops required." by adding thereto the following:
MARGARET AVENUE (southbound traffic) at Oakcrest Drive.
MARGARET AVENUE (northbound traffic) at Pinecrest Drive.
(Requested by Director of Public Works) CHAPTER NO. 105
There is no one 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 the ordinance 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 Sec. 18-269 entitled "Stop and yield intersections designated; when stops required." by adding thereto the following:
FENMOOR STREET (northbound and southbound traffic) at Birchard Street.
(Requested by Director of Public Works) CHAPTER NO. 106
There is no one 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 the ordinance for Final Passage.
3. 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. 18-269 entitled "Stop and yield intersections designated; when stops required." by adding thereto the following:
LARRY LANE (westbound traffic) at Estrell Drive.
LARRY LANE (eastbound traffic) at Elson Drive.
ELSON DRIVE (northbound traffic) at Temple Drive.
TEMPLE DRIVE (westbound traffic) at Estrell Drive.
LORCUM LANE ( northbound traffic) at Argyle Avenue.
(Requested by Director of Public Works) CHAPTER NO. 107
There is no one 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 the ordinance for Final Passage.
1. Infiltration and Inflow Remediation Program, Smoke Testing Program
Mr. Lemont gives a history of the issue. He says the City was cited by Save the Bay and DEM for its contribution to the pollution of Narragansett Bay. He says that although the city believes that the percentage is insignificant in the overall, DEM intends to fine the City for its contribution to that pollution. As a result, engineers have been engaged to conduct a program to identify the sources of infiltration and inflow into the system.
Public Works Director Julia Forgue gives the Council a detailed report on the program and says the public will be notified of a public hearing which will be held to provide further information on the program.
Mayor Larisa suggests putting ads in the newspapers to alert the public of the program, which is to identify which houses have sump pumps connected to the City's sewer system.
He also suggests that the cost of the ads be paid out of the bond money. Ms Forgue states that she will include the public hearing information in the ads.
After further discussion, a motion is made by Mr. Midgley, seconded by Mr. Grant, to approve the amended program with additional features discussed by the Public Works Director. The motion passes unanimously on a roll call vote.
2. Alfred Luchesi, 10 Naushon Road, Pawtucket, Rhode Island, requesting to purchase City-owned land located at the corner of Brook St. and Newman Ave., Seekonk, Mass.
Mayor Larisa speaks on the Planning Board's recommendation for denial. He states for the record that there are several reasons for denial, mainly that it potentially impacts Turner Reservoir, which the Army Corps of Engineers may well designate as an alternative water source to Scituate Reservoir.
On motion of Mr. Grant, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to deny. The City Clerk will send a letter to Mr. Luchesi.
1. Phase II - Street Paving Project (Deferred from November 16, 1999)
2. Water Infrastructure
3. New Recreation Center
4. City Manager Report
Mr. Lemont asks that No.'s 3 & 4 be deferred and to combine No.'s 1 & 2.
He speaks on the City's water infrastructure, which he says is quite old. He says in conjunction with the program to update the infrastructure, the City went to the bond market for a repaving program.
Julia Forgue reviews a history of the program and a representative from SEA Consultants, Inc. answers questions from the Council.
The first phase of the program will be the Watchemoket area, which is the oldest section of the City. Mr. Midgley notes that all sections of the City will be taken care of eventually. Mr. Miranda says people will need to be assured that their streets will be taken care of and he wants to make sure there is money available to complete the entire project.
Mr. Midgley says he is convinced that this is the best plan for the good of the City. He says everyone will get what they need and the City will have an outstanding project.
Mayor Larisa says this is a very positive program for the City and it will provide a state-of-the-art water main for the City.
After further discussion, Mayor Larisa states that if the Council proceeds tonight with this proposal, it will be proceeding with the amendment for the engineering in Phase I.
On motion of Mr. Grant, seconded by Mr. Rogers, and on a roll call vote, it is unanimously VOTED to approve the amendment of the Water Infrastructure Rehabilitation Program.
On motion of Mr. Grant, seconded by Mr. Rogers, and on a roll call vote, it is unanimously VOTED to approve the Phase II of the Road Repaving Program.
(By William J. Conley, Jr., City Solicitor)
Claims Committee Report
Catherine Barboza, Claim No. 99-64 Refer to Insurance Carrier
William & Marilyn Hassell Claim No. 99-63 Approve payment of $169 and have City remove tree
Lita Garrett Claim No. 99-65 Referred to School Department
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.
(By Councilman Rolland R. Grant)
1) Mr. Grant receives Unanimous Consent and speaks about James Greene, a long-time teacher at the High School, who recently passed away. Mr. Grant says he would like the Council to adopt a Resolution to have the new addition to the High School named after him. The Clerk will inform the Chairwoman of the School Committee that is the unanimous opinion of the Council that a prominent building, under the authority of the School Committee, be named in honor of Jim Greene.
2) Merritt Road (Deferred from December 7, 1999)
Mr. Grant speaks about the flooding problem on Merritt Road and says the pipes need to be cleaned out. He asks that the City Manager get a crew there to clean it out. Mr. Lemont responds that it is one of those problems where the capacity of the gully, which accepts the drain from that entire area, is just overburdened. He suggests that he will meet Mr. Grant at the site.
The City Clerk announces that the Council meeting scheduled for January 18, 2000 will be changed to January 25, 2000, at the request of the Mayor.
(By Councilman Norman J. Miranda)
Charity Ball 2000
The City Clerk gives a report on the upcoming Charity Ball, scheduled for February 5, 2000.
(By Councilman Peter F. Midgley)
1. Christmas Wish
Councilman Midgley extends a Merry Christmas and Happy New Year to all residents.
Councilman Grant extends a Happy Hanukkah and Ramadan.
Mr. Miranda extends his greetings, and Mayor Larisa says both he and Mr. Rogers also extend best wishes and adds Kwanza to the greetings.
2. Zoning
Mr. Midgley speaks about a newspaper article on Zoning in East Providence that he says was very uncomplimentary to the City and to the Council. He asks Mr. Conley if he had time to review a letter sent by the Chairman of the Zoning Board listing concerns that the zoning ordinances were outdated and that enforcement is selective.
Mr. Conley assures the Council that Greg Dias, Assistant Solicitor, and lawyer for the Zoning Board, did not pen the letters. Mr. Conley goes on to review what changes have been made this year regarding zoning. He says that the City does not have the staff to ride around to look for violations, but the Law Department does react when something is brought to their attention, such as illegal signs.
Mr. Miranda says that he sat on the Zoning Board for 18 years and cannot recall any Chairman going to the press without first talking t the Council. He says each member of the Council has an appointment on that Board, and they should have approached the Council with their concerns.
Mayor Larisa adds that the issue is much ado about nothing and that the statements were rather bold but they have no support. He says the City has the most up-to-date zoning ordinances in the State. He says there are no outdated zoning ordinances, and if there are, they should be brought to the Council's attention and they will be fixed.
(If given first passage, can be referred to the next regular Council meeting to be held on January 4, 2000 for a public hearing and consideration of final passage)
1. AN ORDINANCE IN AMENDMENT OF CHAPTER 11 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "PERSONNEL, PENSIONS AND RETIREMENT.", which amends Article V entitled "Firemen's and Policemen's Pension Fund" Subsection 11-236 entitled "Service retirement annuity"adding thereto the following:
(f) All retired police officers and fire fighters currently receiving a service connected disability pension who otherwise do not presently qualify for the existing cost of living adjustment as provided for in the current collective bargaining agreement for police officers and fire fighters shall be entitled to an annual 3% cost of living adjustment in their pension effective January 1, 2000. (Requested by: Police & Fire Pension Board)
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 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "VEHICLES AND TRAFFIC", which amends Sec. 18-203 entitled "Decrease of state maximum speed."to read as follows:
It is hereby determined upon the basis of an engineering and traffic investigation that the speed permitted by state law upon the following streets is greater than is reasonable or safe under the conditions found to exist upon such streets and it is hereby declared that the maximum speed limit shall be as hereinafter set forth below on those streets or parts of streets designated at the times specified when signs are erected giving notice thereof:
Massasoit Avenue from Tallman Avenue to a point 500 feet westerly from North Broadway 20 miles per hour.
Lindy Avenue 20 miles per hour.
(Requested by Director of Public Works & City Solicitor)
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously VOTED to approve for First Passage.
3. AN ORDINANCE IN AMENDMENT OF CHAPTER 3 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "ANIMALS", which amends SECTION I. Subsection (c) of Section 3-10 entitled "Nuisance abatement." to read as follows:
(c) It shall be unlawful to allow or permit any animal to trespass on private or public property so as to damage or destroy any property or thing of value and the animal trespassing on private or public property is hereby declared to be a nuisance and such animal may be impounded by the animal control officer.
SECTION II. Section 3-10 entitled "Nuisance abatement." is amended by adding thereto the following:
(e) It shall be unlawful to allow or permit any animal to deposit feces or urine on private or public property without immediately removing same. Any person that shall allow or permit any animal to deposit feces, without immediately removing same, or urine on private or public property shall be punished by a fine of not less than $25.00 for the first offense; not less than $50.00 for the second offense; and not less than $100.00 for the third and subsequent offense.
(Requested by Councilman Peter F. Midgley)
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously VOTED to amend the ordinance by striking the word "urine" and adding the word "trespass" and to approve for First Passage as amended.
On motion of Mr. Miranda, seconded by Mr. Rogers, it is unanimously VOTED to approve Mr. Miranda's appointment of Olympio Medeiros, 16 Forest Avenue, to the Sister Cities Committee.
On behalf of the City Council, City Manager, City Solicitor, and City Clerk, Mayor Larisa wishes all a safe and health holiday season and prosperous New Year.
There being no further business, the meeting adjourns at 10:24 p.m.
Attest:
Valerie A. Perry, CMC
City Clerk Approved: January 4, 2000