CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
TUESDAY,
The City Council meets in the Council Chamber on Tuesday, January 5, 1999, and is called to order at 7:12 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
On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously VOTED to change the order of business and move the docketed item regarding Job Performance of Council Appointees to the first agenda item.
On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously VOTED to go into Closed Session to discuss Council Appointees Job Performance, with the City Solicitor taking the notes at the meeting.
The regular meeting recesses at 7:15 p.m. and goes into Closed Session.
The Open Meeting reconvenes at 8:10 p.m. with all Council members present.
The Invocation is given by Councilman Midgley.
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 - December 15, 1998
. Coastal Resources Management Council - FINDING OF NO SIGNIFICANT IMPACT
File No. 98-11-53 - Construct a second story addition and install a concrete retaining wall as per the approved plans. Located at 66 Beach Point Drive, Map 513, Bl. 58, Parcel 1. (Lucille Corrado)
.Coastal Resources Management Council - ASSENT File No. 98-11-50 Drainage Improvements to existing drainage system (new piping and catch basins), to alleviate backwater flooding; located at Sabin Point Park Area
. Alcoholic Beverage License - Class F1 - January 17, 1999-
Applicant: St. Francis Xavier Church, 81 No. Carpenter Street
.
Alcoholic Beverage - Class B Ltd - Transfer (Permission to Advertise)
From: Jo-Petro, Inc., dba Minerva Restaurant, 1022 So. Broadway
To: Mkrtich Dedeyan, dba Minerva Pizza House, 1022 So. Broadway
On motion of Mr. Miranda, seconded by Mr. Grant, and on a roll call vote, it is unanimously VOTED to approve the Consent Calendar as presented.
Proclamations are given to retiring City employees Robert Garedo and William Brickel, for recognition of service.
Secondhand/Auto - Transfer of Location From: 407 Taunton Avenue To: 750 TauntonAvenue
Applicant: E'Zee Car Rental and Leasing dba Auto Choice Car & Truck Sales
Domenic Carceiri, Vice President of E'Zee Car Rental, is present and sworn.
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 the transfer, subject to the approvals of the Police Chief and Building Inspector.
Victualer/Not Over 25 - Transfer
From: M&D Pizza Inc., dba Ronzio Pizza
To: JEC Inc., DBA Townies, 99 Warren Avenue
Subject to approval from the Chief of Police, Building Inspector, and Health Inspector
John Cummings, 39 Sheridan Street, Central Falls, Rhode Island is present and sworn.
On motion of Mr. Grant, seconded by Mr. Miranda, and on a roll call vote, the license transfer is unanimously approved.
Gatherer Applicant: David J. Capobianco, 104 Merritt Road 02915
(Deferred from December 15, 1998)
The applicant is not present. On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously VOTED to remove the license from the docket.
Peddler/Misc. Candles/Incense
Applicant: Augustine R. Oliver Watkins Representative - 83 Lyon Avenue
The applicant is present and sworn. It is determined that Mr. Oliver does not need a Peddler's license because he will be selling his merchandise within a Convenience Store that is already licensed. He informs the Council that he has applied for a Canvasser/Solicitor license.
On motion of Mr. Miranda, seconded by Mr. Midgley, it is unanimously VOTED that the Canvasser/Solicitor license is granted, subject to all approvals.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
ORDINANCES - FINAL PASSAGE (Given first passage December 15 , 1998)
Advertised - Providence Journal - December 18, 1998
1. AN ORDINANCE IN AMENDMENT OF CHAPTER 12 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "POLICE.", which amends: SECTION I. Article II entitled "Police Department.", adding: 12-26 Animal Shelter. CHAPTER NO. 48 (Requested by Councilman Midgley )
There are no persons from the public wishing to be heard.
On motion of Mr. Midgley, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to approve for Final Passage.
2. AN ORDINANCE IN AMENDMENT OF CHAPTER 17 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "UTILITIES.", which amends: SECTION I. Sec 17-183 entitled "Charges to be based upon water consumption; rate," (a) (b) (c) (d) (e) 1,2,3,4,5, (a) (b) 6,7, (a) (b) (c). CHAPTER NO. 49 (Requested by Finance Director and Public Works Director)
The City Solicitor states that what this ordinance does is to put into effect the mechanism for the sewer use fee that was incorporated in the budget.
There are no persons from the public wishing to be heard.
A roll call vote is taken, and the ordinance receives Final Passage on a unanimous VOTE.
It should be noted that there was no motion on this item, and it will be placed on the next docket for completion of the vote.
3. AN ORDINANCE IN AMENDMENT OF CHAPTER 16 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "TAXATION.", which amends: SECTION I: Chapter 16 by adding: ARTICLE IV. Tax Stabilization for Qualified Businesses; Sec. 16-49 Definitions., Sec. 16-50 Purpose; Sec. 16-51 Eligible Property; Sec. 16-52 Stabilization Schedule; Sec. 16-53 Application procedure. (Requested by Councilman Grant)
Jeanne Boyle explains the changes that the Economic Development Corporation has suggested be made to the ordinance. She recommends waiting for a couple of weeks to look over the suggested changes.
On motion by Mr. Grant, seconded by Mr. Miranda, it is unanimously VOTED to Defer.
City Manager Report
Mr. Lemont reports on the proposed fine to the City by D.E.M. He makes a presentation explaining the difference in the systems of the City and Narragansett Bay Commission. He says the problems that the City has with its system will be very costly to repair, but things are being done to remedy the problems.
Mr. Grant speaks on his Addendum Item regarding the D.E.M. fine. He speaks of his displeasure with the Mayor for not commenting on the situation. Mayor Larisa responds by saying that he is not a Strong Mayor and the Charter does not allow him to run the City. He also says that as the Executive Counsel to the Governor, he does not want the appearance of a conflict on any issue in the City.
Mr. Rogers says he wants the record to be clear that Save the Bay does not have any authority under State law, and D.E.M. is the agency charged with environmental law.
After further discussion, it is decided that Mr. Grant will be part of the group that appears before D.E.M. on Friday.
Jodi Diminico Claim No. 98-44 Approved
Gina Marie Lopes Claim No. 98-45 Referred to D.O.T.
Winifred Johannis Claim No. 98-46 Denied
Judith Norcini Claim No. 98-48 Referred to Law Department
Allstate Insurance Claim No. 98-50 Referred to Law Department
William Watson Claim No. 98-52 Referred to Rubbish Contractor
Elizabeth Lima Claim 98-41 Referred to Law Department
McAndrew v. City Pending Litigation Received as Information
On motion of Mr. Grant, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to accept the Claims Committee as presented.
The meeting recesses at 9:30 p.m. and reconvenes at 9:40 p.m.
Interview of Judicial Applicants
The following applicants give a brief presentation and answer questions from the Council for the positions of Probate Court Judge and Municipal Court Judge;
Matthew T. Oliverio, Don Avenue, East Providence, Rhode Island
Herbert J. Abedon, 27 Fisher Street, East Providence, Rhode Island
Christine Engustian, 28 Commack Road, East Providence, Rhode Island
Ralph T. Della Rosa, 60 Don Avenue, East Providence, Rhode Island
Herbert Katz, 202 Don Avenue, East Providence, Rhode Island
William W. Walsh, 150 Bentley Street, East Providence, Rhode Island
Michael J. Farley, 15 Bluff Street, East Providence, Rhode Island
Two applicants, Joseph Casale and Henry W. Asquith, Jr., are not present.
It is also noted that two applicants, Robert M. Brady and Aurendina Gonsalves Veiga have withdrawn.
(By Councilman Patrick Rogers)
1. Public Input Period Proposal (Deferred from December 15, 1998)
Mr. Rogers speaks about changing the process to allow people to be able to speak on any issue on the docket, without having to give a week's advance notice.
Mayor Larisa suggests the City Clerk send a copy of the Rules of Procedure to each Council member along with an amendment to the section that talks about someone wishing to speak on a topic must give the information one week in advance. He suggests the following wording: "Anyone wishing to speak on an item not on the docket at any time before a City Council meeting should submit their request orally or in writing to the Clerk, and the Clerk shall immediately call the Mayor; the Mayor shall poll the Council, and if the Council agrees, the person can be added to the agenda."
2. Ward 1 Senior Group
Mr. Rogers defers this item to the next meeting.
Unanimous Consent
Mayor Larisa receives Unanimous Consent to discuss changing the meeting time to 7:30 P.M., starting with the next Council Meeting.
On motion of Mr. Rogers, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to approve the change.
1) RESOLUTION REQUESTING SENATORS AND REPRESENTATIVES IN THE GENERAL ASSEMBLY FROM EAST PROVIDENCE TO INTRODUCE LEGISLATION TO AUTHORIZE A BOND REFERENDUM IN THE AMOUNT OF $3,000,000.00
This Bond Referendum is for the planning, construction and reconstruction of streets/and/or sidewalks within the City.
Mayor Larisa states that additional information has been received from the Public Works Department and asks that it be deferred to the next meeting.
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously VOTED to defer.
RESOLUTION REQUESTING LEGISLATION RATIFYING AMENDMENTS TO THE HOME RULE CHARTER FOR THE CITY OF EAST PROVIDENCE AS APPROVED BY THE VOTERS AT THE NOVEMBER 3, 1998 REFERENDUM
This Resolution requests legislation which will change the School Committee Terms from Four to Two-year Terms and will establish the composition of school committees as one member from each ward and one at-large member.
On motion of Mr. Grant, seconded by Mr. Rogers, and on a roll call vote, 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 January 19, 1999 for a public hearing and consideration of final passage)
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 SECTION I. Sec. 18-269 entitled "Stop and yield intersections designated; when stops required," adding thereto the following: BENSON AVENUE (southbound traffic) at Metacomet Avenue. (Director of Public Works)
On motion of Mr. Grant, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to approve for First Passage.
On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously VOTED to approve Mr. Miranda's appointment of Manuel Costa, 162 Brown Street, East Providence, Rhode Island to the Sister Cities Committee.
On motion of Mr. Miranda, seconded by Mr. Midgley, it is unanimously VOTED to approve Mr. Miranda's reappointment of Peter Calise, 125 So. Blossom Street, East Providence, Rhode Island to the Board of Assessment Review.
There being no further business, the meeting adjourns at 11:25 p.m.
Attest:
Valerie A. Perry, CMC
City Clerk Approved: January 19, 1999