CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
TUESDAY,
The City Council meets in the Council Chamber on Tuesday, February 16, 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 given by Councilman Miranda.
The Salute to the Flag is led by Councilman Rogers.
Lori Merolla, Merandi Reporting, is present to record the proceedings of the public hearings.
APPROVAL OF COUNCIL JOURNALS
February 3, 1999 - Regular City Council Meeting
February 3, 1999 - Closed Session Re: Council Appointees Job Performance Review
Cancellation/Abatements - City Assessor requesting cancellation of taxes as follows:
YEAR AMOUNT
1997 $ 435.18
1998 $2,083.87
Tax Board of Review - Requested Adjustments for Appeals
Year Amount
1998 $155,308.69
1997 $ 37,026.10
Antique Show - March 20-21, 1999 - 2117 Pawtucket Avenue
Applicant: Southeastern New England Antique Dealers Assoc.
Alcoholic Beverage - Class F - March 21, 1999
Applicant: Our Lady of Loreto Church - 346 Waterman Avenue
CRMC File No. 99-2-16 - Finding of No Significant Impact - Requesting to install a 30x33' deck on rear of house and install replacement windows, (1) 8' sliding door located at 36 Riverside Drive (David & Evelyn Kelleher).
On motion of Grant, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to remove the minutes of the February 3, 1999 Closed Session from the Consent Calendar, and to approve the Consent Calendar as amended.
On motion of Mr. Miranda, seconded by Mr. Grant, and on a roll call vote, it is unanimously VOTED to keep the minutes of the February 3, 1999 Closed Session closed.
Mayor Larisa presents a proclamation to Senior Center custodian Manuel Souza for turning over a $3,000 ring that he found during his work shift, which was returned to its owner.
1998 Holiday Display Awards
Deferred to later in the meeting.
ORDINANCES - FINAL PASSAGE
(Given First Passage February 3, 1999 - Advertised Providence Journal February 8, 1999)
1. AN ORDINANCE IN AMENDMENT OF CHAPTER 2 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "ADMINISTRATION.", which amends SEC I. adding: Division 13. Youth Advisory Board, Sec 2.206.1 Establishment of Youth Advisory Board Sec 2.206.2 Officers and Quorum. Sec 2.206.3 Duties. 1,2,3,4,5,6. (Requested by Councilman Miranda) CHAPTER NO. 54
Creates a Youth Advisory Board and establishes terms and duties of officers
John Conley questions why there will be non residents on the board. Mr. Miranda explains that he will do everything possible to be sure all members are residents. The City Solicitor explains that the language pertaining to qualified electors of the City deals with legal age and not residence. He says it was not the intention to have non residents on the board.
On motion of Mr. Grant, seconded by Miranda, 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 Article X entitled "Stopping, Standing and Parking.", Subsec 18-307 entitled "Parking prohibited at all times.", adding : NORTH BROADWAY (east side), starting from a point 130 feet south of HOBSON AVE, north 22 feet. (Requested by Councilman Rogers)
There is no one from the public wishing to speak on the ordinance.
Discussion is held on the time requirements recommended by the Public Works Director.
On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously VOTED to amend the ordinance to reflect the times of 8:00 a.m. to 6:00 p.m., except Sundays and Holidays, and to approve the amended ordinance for First 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 I. Article X entitled "Stopping, Standing and Parking.", Subsec 18-307 entitled "Parking prohibited at all times.", adding: LUTHER AVENUE (both sides), from STATE STREET easterly to its dead end. (Requested by Councilman Norman J. Miranda) CHAPTER NO. 55
There is no one from the public wishing to speak on the ordinance.
On motion of Mr. Miranda, seconded by Mr. Grant, and on a roll call vote, it is unanimously VOTED to approve for Final Passage.
City Manager's Report
No Report
Winquist v. City Referred to Law Department
Jose Gomes v. City Referred to Law Department
Agawam Hunt Claim No. 99-8 Referred to Law Department
Marie McNulty Claim No. 99-9 Denied
Joseph Medeiros Claim No. 99-5 Referred to Law Department
Jean McGurn Claim No. 99-11 Referred to Law Department
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously VOTED to accept the report as presented.
Mayor Larisa reports on a $250 Property Tax Rebate for Low Income East Providence Residents. He says this is a State program which has a potential of giving many homeowners a tax break.
Councilman Rogers speaks on the Traffic Safety Report follow-up. He proposes a pilot program consisting of 1) Enforcement, 2) Education and 3) Engineering, and says he would like to have the Police Department come forward with a proposal, showing the cost, time limit, etc.
After some discussion, motion is made by Mr. Miranda, seconded by Mr. Rogers, and unanimously VOTED to direct the Police Chief to prepare a report for the second meeting in March
Councilman Midgley speaks on the Warren Avenue Extension, and says the City should pursue it in 1999. Mr. Miranda and Mr. Grant say they agree with Mr. Midgley and say the issue should be looked at seriously. Mayor Larisa says private funding as well as public funding should be sought for the project.
Mr. Rogers receives Unanimous Consent to make some comments on the Charity Ball. He commends Councilman Miranda and the City Clerk for their efforts. Mayor Larisa mentions that $1,000 was raised in a 50/50 raffle, of which $500 was given to the Meagan Hayward fund. Mr. Miranda makes some comments on the Charity Ball and says he will have a full report at the next meeting.
Mayor Larisa receives Unanimous Consent to ask Jeanne Boyle two questions on the Zoning Ordinance that was amended at the last meeting. He says he was contacted by two members of the Zoning Board who said they were not part of the process. He asks about the process for Zoning Ordinance changes. Ms. Boyle reports that the Zoning Board is never part of the advisory process for a zone change. Mayor Larisa says he wants to know what the Zoning Board thinks of the ordinance that was just passed.
Mr. Midgley says the Zoning Board is a Board to hear appeals and grant relief, not to approve zoning policy changes.
Mr. Conley explains that the Zoning Board of Review's authority begins with State law. He says Enabling Legislation does not provide for the Board to make policy decisions.
After further discussion, Mayor Larisa asks Mr. Conley to draft something for the next meeting for the Council to look at.
On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously VOTED to change the order of business to go back to the Presentation of the Holiday Display Awards.
Mr. Grant and Committee member Tony Andrade present the Ward 3 Holiday Display Awards as follows:
Most Creative Mr. & Mrs. Dennis Carrier, 20 Adams Avenue
Mr. & Mrs. John Botelho, 74 Plymouth Road
Most Inspirational Mr. & Mrs. Adelino Machado, 52 Richfield Ave.
Mr. & Mrs. Robert Marshall, 35 Madeline Drive
Most Traditional Mr. & Mrs. Mark Vieira, 89 Jackson Avenue
Mr. & Mrs. Brian Lynch, 48 Madeline Drive
Most Electrifying Mr. and Mrs. Hernani Dasilva, 74 Unity Avenue
Mr. Miranda thanks his committee, Shirley Miranda and Connie Silveira, and he presents the Ward 2 Holiday Display Awards as follows:
Best Commercial Gilmore's Florist, 76 Taunton Avenue
Most Creative Mr. & Mrs. Higino Bonito, 219 Mauran Avenue
Most Inspirational Mr. & Mrs. Antonio Escobar, 162 Grosvenor Avenue
Most Traditional Mr. & Mrs. Joseph Amaral, 943 Broadway
Joseph Brum , 92 Hazelwood Avenue
Most Beautiful Mr. & Mrs. Manuel Martins , 95 No. Carpenter Street
Mr. & Mrs. Luis Jardim, 146 Grove Avenue
Mr. & Mrs. Albert Escobar, 110 Brown Street
Most Electrifying Mr. & Mrs. Adelino Rosa, 15 Purchase St.
Mr. Rogers thanks his committee, Maura Rogers, Kate Lynch,, Jennifer Brennan, and Marthe-Anne Monagle. He presents the Ward 1 Holiday Display Awards as follows:
Best Commercial Clockwork Deli, 446 No. Broadway
Estrela Do Mar, 736 No. Broadway
Most Creative Mr. & Mrs. Nishan Serabian, 61 Orlo Avenue
Mr. David Roza, 50 Frederick St.
Most Inspirational Mr. & Mrs. Walter Phillips, 20 Garfield Ave.
Mr. David J. Maguire. 129 Roger Williams Ave.
Most Traditional Mr. & Mrs. James Lynch, 45 Drowne Parkway
Mr. & Mrs. John E. Rebello III 370 Pleasant St.
Most Electrifying Mr. & Mrs. Alfred Partin, 65 Cadorna St.
Mr. & Mrs. Joao Botelho, Jr., 34 Pilgrim St.
Mayor Larisa thanks his committee, Dylan, Colleen, and Brady Conley, and Susan Lipscomb, and he presents the At-Large Holiday Display Awards as follows:
Most Creative Mr. & Mrs. David Brown, 15 Bond Road
Most Festive Mr. & Mrs. Frank Gustafson, 42 Pleasant Street
Most Seasonal Mr. & Mrs. Joseph Amaral, 943 Broadway
Most Traditional Victorian Theresa Tanury, 281 Terrace Avenue
(If given first passage, can be referred to the next regular Council meeting to be held on March 2, 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. 18-269 entitled "Stop and yield intersections designated; when stops required." by adding:
FREEBORN AVENUE (westbound traffic) at its intersection with Potter Street.
ORCHARD STREET (westbound traffic) at its intersection with Potter Street.
SCHOOL STREET (westbound traffic) at its intersection with Potter Street.
On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously VOTED to approve for First Passage.
.AN ORDINANCE IN AMENDMENT OF CHAPTER 9 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "MISCELLANEOUS OFFENSES," which amends SECTION I. Sec. 9-15 entitled "Purchase, sale or delivery of tobacco products to persons under 18 prohibited; notice of law to be posted." of Chapter 9 entitled "Miscellaneous Offenses" by deleting: (c) (2) - 30 days; (c) (3) - 60 days; and by adding: (c) (2) - thirty-six (36) months; (c) (3) - thirty-six (36) months; (d) (1) & (2) Requested by the Chief of Police and City Solicitor
This ordinance prohibits the sale of tobacco products to any person under 18 years of age and requires posting notice of this law in any business selling such products.
Mr. Conley speaks on the ordinance. He says this ordinance adds a penalty for the violation and provides for a hearing in Municipal Court. Mayor Larisa questions whether it should be in the jurisdiction of the District Court rather than the Municipal Court. He asks Mr. Conley for information on 1) How many of the 17 Municipal Courts have enforced this violation, and 2) if there is anything pending in General Assembly to fix the problem with enforcing it in the District Court, and if not, can we get something in there to fix this. He says the Council may need to pass a Resolution asking for Legislation, but Mr. Conley says there is an ordinance on the books now, but it does not have a penalty.
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously VOTED to approve for First Passage.
(By Mayor Joseph S. Larisa, Jr.)
Board of Assessment Review - (R) Daniel Rowe, 33 Sylvan Road (02916)
On motion of Mr. Miranda, seconded by Mr. Rogers, it is VOTED 4-1 to approve. Mr. Grant is recorded as voting "Nay."
Library Board of Trustees - Donna Drapeau, 26 Drowne Parkway (02916)
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously VOTED to approve.
(By Councilman Norman J. Miranda)
Library Board of Trustees - (R) Paulo Silva, 150 So. Rose Street (02914)
On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously VOTED to approve.
Anthony Bochichio, 96 Pine Crest Drive, East Providence, Rhode Island, is present and sworn and addresses the Council regarding statements made about what rights Council Appointees have, and whether or not they can be in a bargaining unit. He asks if they are appointees or employees. Mayor Larisa answers that they are appointees and City employees. He also says there is a direct conflict between State law and the City Charter, and he disagrees with the State law, which says individuals have the right to Collective Bargaining. He says the matter will be decided in the Courts.
John Conley, 115 Smith Street, East Providence, Rhode Island, is present and sworn and addresses the Council regarding Public Relations as it effects employees. Mr. Conley says there has never been a problem with the court. He says he is not against people joining a union and says they are doing this on the uncertainty of their future.
Alejandro Arteaga, 237 Suffolk Avenue, Pawtucket, Rhode Island, addresses the Council regarding the length of time it takes to obtain a Peddler's License. He is told that he can get on the docket as late as Thursday before the Council meeting, and the process should not take more than two weeks.
On motion of Mr. Midgley, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to go into Closed Session to discuss Council Appointees Job Performance Review and to discuss the acquisition of property from a private entity.
The meeting recesses and goes into Closed Session at 9:50 p.m.
The meeting reconvenes in Open Session at 10:25 p.m.
On motion of Mr. Miranda, seconded by Mr. Midgley, a roll call vote is taken to go back into Open Session. The motion passes 4-0, with Mr. Grant recorded as being absent for the vote.
Mr. Midgley makes the following motion:
All Council Appointees listed, except for the two Canvassing members and three Judges, will be given a 4% salary increase, retroactive to November 1, 1998, with the caveat that the longevity is eliminated for the City Clerk and Canvassing Clerk; that the raise be based on the actual salary and the longevity figure be applied to it after the 4% raise, which would be the salary henceforth, with no longevity from this point on.
Mr. Grant says he does not want to vote on the longevity. After discussion, Mr. Midgley changes his motion:
All Council Appointees listed, except for the two people in Canvassing, and the three Judges, will be given a 4% salary increase, retroactive to November 1, 1998, with the 4% increase for the City Clerk and Canvassing Clerk based on the actual salary.
Mr. Rogers seconds the motion. Roll call vote follows:
Mr. Grant Aye
Mr. Midgley Aye
Mr. Miranda Aye
Mr. Rogers Aye
Mayor Larisa Aye
The motion passes 5-0.
A motion is made by Mr. Midgley, seconded by Mr. Rogers, to add the money that the City Clerk and Canvassing Clerk were getting in Longevity to their base salary, giving them a new base salary, and to eliminate the longevity from this point on. Roll call vote follows:
Mr. Grant Nay
Mr. Midgley Aye
Mr. Miranda Aye
Mr. Rogers Aye
Mayor Larisa Aye
The motion passes 4-1.
There being no further business, the meeting adjourns at 10:40 p.m.
Attest:
Valerie A. Perry, CMC
City Clerk Approved: