CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
TUESDAY,
The City Council meets in the Council Chamber on Tuesday, January 19, 1999, and is called to order at 7:11 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. Grant, seconded by Mr. Miranda, 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. Midgley, it is unanimously VOTED to go into Closed Session to discuss Council Appointees Job Performance.
The regular meeting recesses at 7:13 p.m. and goes into Closed Session.
The Open Meeting reconvenes at 7:35 p.m.
The Invocation is given by Councilman Miranda.
The Salute to the Flag is led by Councilman Grant.
Lori Merolla, Merandi Reporting, is present to record the proceedings of the public hearings.
1. APPROVAL OF COUNCIL JOURNALS
January 5, 1999 - Regular City Council Meeting
January 5, 1999 - Closed Session RE: Council Appointees Job Performance Review
2.. Cancellations/Abatements - City Assessor requesting cancellation of taxes as follows
Year - 1998 Amount - $6,564.00
3. Coastal Resources Management Council - Assent File No. 98-11-52 - Repair/modify twenty three (23) pipe support structures (construct concrete pipe supports encasing existing timber/steel supports), located at Mobil Oil Facility, 1001 Wampanoag Trail, Map 210, Block 3, Lot 8.
On motion of Mr. Miranda, seconded by Mr. Grant, the minutes of the January 5, 1999 Closed Session are removed from the Consent Calendar, and on a unanimous roll call vote, the Consent Calendar is approved as amended.
On motion of Mr. Grant, seconded by Mr. Miranda, and on a unanimous roll call vote, it is VOTED to keep the minutes of the January 5, 1999 Closed Session closed.
Mayor Larisa presents a Certificate of Award to Gary Levesque, a student at Silver Spring School, for being named a Divisional Winner in the NFL Punt, Pass, and Kick competition for nine year old boys.
Mayor Larisa proclaims January 19, 1999 as Amanda Shattuck Day, in recognition of her achievement of winning the national NFL Punt, Pass, and Kick competition for 10-11 year old girls.
On motion of Mr. Midgley, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to change the order of business to consider the judicial appointments and the clerks.
Mr. Rogers recaps the process of the judicial appointments. After further comments by the Council, the following appointments are made:
On motion of Mr. Midgley, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to approve Councilman Midgley's appointment of Michael J. Farley, 15 Bluff Street, as Municipal Court Judge.
On motion of Mr. Miranda, seconded by Mr. Grant, and on a roll call vote, it is unanimously VOTED to approve Mayor Larisa's appointment of Christine J. Engustian, 28 Commack Road, as Deputy Probate Judge .
On motion of Mr. Rogers, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to approve Councilman Rogers' appointment of Ralph T. DellaRosa, 60 Don Avenue, as Probate Judge.
Mayor Larisa administers the Oath of Office to the three Judges.
On motion of Mr. Miranda, seconded by Mr. Grant, and on a roll call vote, it is unanimously VOTED to approve Councilman Miranda's appointment of William Andre, 162 Bentley Street, as Municipal Court Officer.
On motion of Mr. Grant, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to approve Councilman Grant's appointment of June O'Hara, 1354 South Broadway, as Municipal Court Administrator.
On motion of Mr. Miranda, seconded by Mr. Grant, and on a roll call vote, it is unanimously VOTED to approve Councilman Miranda's appointment of Odilia Amaral, 40 Abbott Street, as Court Clerk Teller.
A motion by Mr. Grant, seconded by Mr. Miranda, to reappoint Joan Kazarian, 21 Woburn Road, as Court Clerk Teller., fails as a result of a 2-2 roll call vote:
Mr. Grant Aye
Mr. Midgley Abstain
Mr. Miranda Aye
Mr. Rogers Nay
Mayor Larisa Nay
Discussion on the vote. Mr. Grant states that by City ordinance, with a 2-2 vote and one abstention, Ms. Kazarian would stay in that position until she is replaced. Mr. Conley concurs with Mr. Grant.
Mayor Larisa speaks on the issue. He says he feels that three full-time clerks are not needed in the Court, that it should be either two or two-and-a-half.
Mr. Rogers speaks and states that he believes the position is not needed and should be abolished, and says he will not vote for a third position in the Court.
On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously VOTED to finish all appointments.
Carousel Park Commission - Council Liaison - - Peter F. Midgley
On motion of Mr. Midgley, seconded by Mr. Miranda, is unanimously VOTED to approve Mr. Midgley's appointment of Keith Perry, 28 Harding Avenue 02915 to Traffic Control.
On motion of Mr. Miranda, seconded by Mr. Midgley, it is unanimously VOTED to approve Mr. Miranda's appointment of Anthony Cunha, 156 Walnut Street 02915 to Traffic Control.
On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously VOTED to return to the regular order of business.
The meeting recesses at 8:16 p.m. and reconvenes at 8:25 p.m. with all Council members present.
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously VOTED to suspend the regular of business to allow Mr. Lemont's invited speaker to make his presentation at this time.
Dan Beardsley, Executive Director of the Rhode Island League of Cities and Towns speaks on the Electrical Energy Consortium (RIEAP).
On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously VOTED to return to the regular order of business.
Wrecker/Tower - Transfer of Location & DBA
From: Richard R. Cavallaro DBA Woods, 2336 Pawtucket Avenue
To: Richard Cavallaro DBA East Providence Towing, 179 Greenwood Avenue
Richard Cavallaro, 7 Fuller Street, Seekonk, Massachusetts is present and sworn.
Mr. Rogers questions Mr. Cavallaro about the location, and the fact that another Towing Company, Coastal Towing, is in the same location. Mr. Rogers says he has received several complaints from Rumford Towers residents about the noise.
After further discussion, it is agreed that Mr. Rogers and Mr. Cavallaro will meet with the Rumford Towers Tenants' Association on Tuesday, February 2, 1999 to try and alleviate the concerns.
On motion of Mr. Rogers, seconded by Mr. Midgley, and on a roll call vote, it is unanimously VOTED to defer to the next meeting.
Victualing/Not over 25 - Transfer From: R&R Refreshments dba Del's
To: East Bay Refreshments dba Del's Lemonade - 400 Waterman Avenue
Paul McKivergan, 77 Heath Street, East Providence, Rhode Island is present and sworn.
On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously VOTED to approve, subject to approval from Police Chief, Building Inspector, and Health Inspector
Victualing/Not Over 25 - Transfer From: Star Enterprises dba Texaco
To: Motiva Enterprises, LLC dba Texaco 3275 - 2200 Pawtucket Avenue
Nabil Karrikoi and Iyad Chahia are present and sworn.
On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously VOTED to approve, subject to approval from Police Chief, Building Inspector, and Health Inspector.
Sunday/Holiday Sales - Transfer From: Star Enterprises dba Texaco
To: Motiva enterprises, LLC dba Texaco 3275 - 2200 Pawtucket Avenue
On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously VOTED to approve, subject to approval from Police Chief, Building Inspector, and Health Inspector.
Additional Hours - Transfer From: Star Enterprises dba Texaco
To: Motiva enterprises, LLC dba Texaco 3275 - 2200 Pawtucket Avenue
On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously VOTED to approve, subject to approval from Police Chief, Building Inspector, and Health Inspector.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
ORDINANCES - FINAL PASSAGE (Given First Passage January 5, 1999)
Advertised - Providence Journal - January 8, 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 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) CHAPTER NO.50
There are no persons from the public wishing to be heard on the ordinance.
On motion of Mr. Miranda, seconded by Mr. Grant, and on a roll call vote, it is unanimously VOTED to give Final Passage.
Pre-Qualification of Consultants for Infiltration/Inflow Project
Julia Forgue, Director of Public Works, addresses the Council about the project.
On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously VOTED to approve.
Recommendation for Rescue Services Fees
On motion of Mr. Grant, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to approve.
City Manager's Report
Mr. Lemont reports on the meeting with D.E.M. and says the meeting was productive.
1. The City Clerk informs the Council that the vote on the Sewer Use Ordinance, which was given Final Passage at the last meeting, was incomplete, due to a lack of a motion and second.
On motion of Mr. Grant, seconded by Mr. Midgley, and on a roll call vote, it is unanimously VOTED to approve.
2. (By William J. Conley, Jr., City Solicitor and Valerie A. Perry, City Clerk)
Discussion of amendment to Council Rules and Procedures
Mr. Conley speaks on the request by Councilman Rogers regarding the Council Rules and Procedures as they pertained to public input at Council Meetings. He states that the rules don't preclude anyone from speaking at a meeting, but the request should be in writing in order for the information to be on the docket.
John Conley, Democratic City Committee Chairman, receives unanimous consent to address the Council and states that anyone wishing to speak on any Council agenda item should be able to do so, even without unanimous consent.
After further discussion, a motion is made by Mr. Miranda, seconded by Mr. Rogers, that the docket deadline will be changed to the close of business at 4:00 p.m. on the Thursday before the meeting, and the docket will be delivered to the Council on Friday afternoon. The motion is unanimously approved on a roll call vote.
Change of Meeting Date - On a motion by Mr. Grant, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to change the date of the next Council meeting to Wednesday, February 3, 1999.
(By Mayor Joseph S. Larisa, Jr.)
Mayor Larisa speaks on the City's recent victory in a lawsuit by Attorney, Thomas McAndrew, which stemmed from the Police Chief DeCastro matter.
2. (By Councilman Patrick A. Rogers)
Ward 1 Senior Group (Deferred from 1/5/99)
Mr. Rogers defers to the next meeting.
Traffic Safety Study
Mr. Rogers requests that the Police Chief take a look at areas where the traffic is a concern and says he just wants to slow people down. Julia Forgue speaks on a program of "Traffic Calming" which has been instituted in other states.
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 (Deferred from 1/5/99)
Mayor Larisa says that what this resolution does is to give the Council the right to do whatever roads the Council wants to do and sidewalks, or no sidewalks, through the General Assembly. He says it doesn't require the City to do certain streets and it doesn't require the Council to ignore or to include CDBG areas, it gives the Council broad authority. He says the question is whether $3,000,000 is enough.
Mr. Miranda says he wants to be sure that the CDBG areas are included. On motion of Mr. Rogers, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to include the CDBG designated areas will be included.
A discussion follows regarding whether or not the $3,000,000 will be enough and whether or not it will be spent before November 2000.
James McDonald, Finance Director, advises the Council that the money cannot be held, it would have to be spent.
After further discussion, on motion of Mr. Grant, seconded by Mr. Rogers, and on a roll call vote, it is unanimously VOTED to adopt the Resolution as presented.
The meeting recesses at 11:05 P.M. and reconvenes at 11:12 P.M.
(If given first passage, can be referred to the next regular Council meeting Feb 3, 1999 for a public hearing and consideration of final passage)
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, Planning Director, addresses the Council regarding the ordinance.
On motion of Mr. Grant, seconded by Mr. Midgley, it is unanimously VOTED to approve for First Passage.
1. Attorney Victoria M. Almeida addresses the Council on behalf of the Kubacki Family regarding a dispute with a neighbor over property on Luther Avenue.
After discussion, the Council makes a recommendation that Ms. Almeida petition for a highway abanbdonment. On motion of Mr. Miranda, seconded by Mr. Grant, and on a roll call vote, it is unanimously VOTED to refer the matter to the Planning Department.
.Lori Nadrowski, 25 Arcadia Avenue, East Providence, Rhode Island addresses the Council regarding an automobile accident involving her husband and City Recreation Director, Joseph Crook. On motion of Mr. Midgley, seconded by Mr. Rogers, it is unanimously VOTED to refer the matter to the City Solicitor.
Mayor Larisa says he wants two questions answered: 1) Why was the report changed? Why? When? 2) Were photos taken and where did they go or were they destroyed?
Mayor Larisa announces that the Closed Session will be continued at 7:00 P.M. on Wednesday, February 3, 1999.
There being no further business, the meeting adjourns at 11:55 p.m.
Attest:
Valerie A. Perry, CMC
City Clerk Approved: February 3, 1999