CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
TUESDAY,
The City Council meets in the Council Chamber on Tuesday, June 15, 1999, and is called to order at 7:36 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 Rogers.
The Salute to the Flag is led by Councilman Midgley.
Carol Malaga, Merandi Reporting, is present to record the proceedings of the public hearings.
1. Approval of Council Journals - June 1, 1999
2. Coastal Resources Management Council - File No. 99-544 - FINDING OF NO SIGNIFICANT IMPACT - Replace windows, doors, shingles, gutters, repair roof front porch, side deck and stairs. Pave a one-foot strip in road area. Clean out trash. No vegetation removal is permitted with this assent located at 3 Harding Avenue, Plat 313 Lot 6. (William G. Campos)
3. Coastal Resources Management Council - File No. 99-545 - FINDING OF NO SIGNIFICANT IMPACT - Replace and repair windows, doors, roof shingles, gutters, front porch, side deck and stairs. Landscape, clear out trash and pave one foot strip in road. No vegetation removal is permitted with this assent; located at 2 Harding Avenue, Plat 8 Lot 5. (William G. Campos)
4. Alcoholic Beverage - Class F - July 9, 10, 11, 1999 -
Applicant: Teofilo Braga Club, 26 Teofilo Braga Way
Approved: Police Chief - Subject to approval from Building Inspector
5. Alcoholic Beverage - Class F - July 2, 3, 4, 1999
Applicant: Holy Ghost Brotherhood Mariense
Approved: Chief of Police - Subject to approval from Building Inspector
On motion of Mr. Grant, seconded by Mr. Miranda, and on a roll call vote, it is unanimously voted to approve the Consent Calendar.
1. Peddler - Rui M. Da Cruz, 51 Purchase Street, East Providence, Rhode Island
Approved: Police Chief
The applicant is present and sworn, along with an interpreter.
He states that he is applying for the license in order to sell clothing from the trunk of his car. He states that he does not know at this time which part of the City he will be peddling. The Council discusses the issue and tells the applicant that he cannot go door to door with this type of license.
Further discussion is held, with the majority of the Council saying they are against this type of operation in the City.
Motion to approve is made by Mr. Miranda and seconded by Mr. Grant. A roll call vote is held on the motion:
Mr. Grant Aye
Mr. Midgley Nay
Mr. Miranda Aye
Mr. Rogers Nay
Mayor Larisa Nay
The motion is denied on a 3-2 vote.
The City Clerk announces that Stephen Poole, owner of Eskimo King Inc., requested that the next two Peddler's licenses be deferred to later in the meeting. On motion of Mr. Grant, seconded by Mr. Midgley, it is unanimously VOTED to defer.
2. Victualing - Not more than 25 - Zeina Baroudi, 35 Bristol Avenue, East Providence, Rhode Island, dba Willet Texaco- 970 Willet Avenue
The applicant is present and sworn.
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously VOTED to approve, subject to approvals from the Building Inspector and Health Inspector.
3. Sunday/Holiday Sales - Zeina Baroudi, 35 Bristol Avenue, East Providence, Rhode Island, dba Willet Texaco- 970 Willet Avenue
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously VOTED to approve, subject to approvals from the Building Inspector and Health Inspector.
4. Victualing/26 to 50 persons - John Bruckner dba Refuel Cafe, 292 Bullocks Pt Ave.
Edward Souza, 13 Stephen Street, East Providence, Rhode Island is present and sworn.
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously VOTED to approve, subject to approval from the Building Inspector.
5. Peddler - Marshall E. Gorden, dba Wolfe Novelties, 140 Vancouver Avenue, Warwick, RI
The applicant is present and sworn. He states that this he will be selling balloons and novelties at Pierce Field on July 3rd.
On motion of Mr. Rogers, seconded by Mr. Midgley, it is unanimously VOTED to approve, subject to approval from the Chief of Police.
On motion of Mr. Miranda, seconded by Mr. Midgley, it is unanimously VOTED to change the order of business and hear the Communications.
1. Robert Johnson, Upyonda Way, addresses the Council and requests permission to hold an annual Block Party on Sunday, August 15, 1999 (rain date of August 29, 1999) on Upyonda Way.
On motion of Mr. Rogers, seconded by Mr. Grant, it is unanimously VOTED to approve, subject to approval from the Chief of Police.
2. Linda H. James, 220 Narragansett Avenue, East Providence, Rhode Island Requesting to purchase City owned land located next to her property at the intersection of Sherman and Narragansett Avenues..
On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously VOTED to refer to the Planning Board.
3. James S. Dillenbach - "305 Club", 305 Lyon Ave 02914
Requesting to rope off a small section in back of the 305 Club from 8 P.M. to 1 A.M. on July 3, 1999 to allow patrons to eat and drink outside of the establishment while watching Fireworks.
Discussion is held on the request and the Council voice their concern about the potential problems that this request could cause. Mr. Conley states there are Zoning regulations which require so many parking spaces, and this request might violate the regulations.
On motion of Mr. Rogers, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to deny the request.
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously VOTED to return to the regular order of business.
6. Peddler - Chris Rotelli, 28 Brigham Farm Road, East Providence, Rhode Island
7. Peddler - Edward Mariner, 87 Williams Street, Providence, Rhode Island
KH Business Ent. Inc., dba Eskimo King, 34 Unity Avenue, East Providence, Rhode Island
The applicants are present and sworn, along with Steve Poole, owner of Eskimo King.
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously VOTED to approve the licenses, subject to approval from the Police Chief.
Mr. Poole receives Council permission to speak on a related issue. He speaks on the matter of vendors selling at feasts and other events in the City, and asks the Council to consider adopting an ordinance which would prohibit vendors selling within 1,000 feet of other vendors. He states that the City of Providence has adopted a similar ordinance. Mayor Larisa asks Mr. Conley to look into the matter.
Mr. Poole also expresses his concern about getting additional peddlers licensed during the summer months. He says that because of the length of time between Council meetings, it makes it difficult.
After discussion, a motion is made by Mr. Grant and seconded by Mr. Miranda to allow the City Manager to approve Ice Cream and Lemonade Peddlers just for the months of July and August, with Confirmation given by the City Council at their next regular meeting. The motion passes unanimously on a roll call vote.
Crescent Beach/Park w/Slide Presentation
Mayor Larisa gives the presentation on Crescent Beach and speaks of acquiring land for the City's recreational use. He says the land will cost $600,000 and he has come up with a plan for $300,000 and hopes to raise the additional $300,000 from grants given by the DEM and Champlin Foundation. He says $100,000 will come from the bond issue which the voters approved in November, and $200,000 can be obtained from a no interest 5 year loan given by DEM, with a payback of $40,000 per year, taken from the surplus property account.
The meeting is open for public comment. The following speakers are sworn in and speak in favor of the plan:
John F. Conley, 115 Smith Street, Riverside, Rhode Island
David Kelleher, 36 Riverside Drive, Riverside, Rhode Island
Nancy Stevens, 37 Beaumont Street, Rumford, Rhode Island
Joseph Monteiro, 25 Appian Way, East Providence, Rhode Island
Mayor Larisa states that he is just seeking $300,000 at this time and if the Council is not successful in getting the money from DEM and the Champlin Foundation, then another plan will have to be worked out. Mr. Rogers asks about condemnation and Mayor Larisa responds by saying condemnation would be a last resort.
Mr. Miranda states that he has not closed the door on this and he is willing to listen. He says if the City can secure the funds, he will give 100% thought before he says "no."
Mr. Midgley says he will support the plan with the stipulation that the City will only have to come up with $300,000. He says it has the potential of being a garden spot in the City of East Providence.
Motion is made by Mr. Midgley, seconded by Mr. Rogers to approve the purchase of the subject land for the sum of $600,000, with $100,000 coming from the earlier approved bond issue; $200,000 coming from a no-interest loan from DEM, which will be replaced with Surplus Property money over a period of five years, with the vote being contingent upon, and effective only if, a combination of grants are obtained from DEM, Champlin, or any-other non-City source in the amount of $300,000.
Mr. Rogers commends Mayor Larisa for his tenacity in pushing the plan through. Mayor Larisa thanks the Planning Department, especially the Director Jeanne Boyle and Zac Gordon for their hard work in setting the plan in motion.
Mr. Grant says he will not support this until the $300,000 from the Champlin Foundation and DEM has been received. Once that is done, he says the proposal will have full Council support.
Mr. Rogers suggests that no other money from the Recreation bond be spent until the recreation needs in each of the four wards are determined.
A roll call vote is taken on the motion:
Mr. Grant Nay
Mr. Midgley Aye
Mr. Miranda Aye
Mr. Rogers Aye
Mayor Larisa Aye
The motion passes 4-1.
(Given first passage June 1, 1999) Advertised - Providence Journal - June 4, 1999
AN ORDINANCE IN AMENDMENT OF CHAPTER 14 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS." SECTION I. Article I entitled "In General", entitled "Streets and Sidewalks"; adding: Sec. 14-5. Sign Prohibition.
(Requested by: City Manager) CHAPTER NO. 75
Prohibits the placing of signs upon streets or sidewalks.
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.
AN ORDINANCE IN AMENDMENT OF CHAPTER 8 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, ENTITLED "LICENSES AND BUSINESS REGULATIONS.", SECTION I. Article V. entitled "Electric Poles and Wires.", adding: Sec. 8-101. Sign Prohibition. SECTION II. Article XVII entitled "Telegraphic and Telephone Uses", adding: Sec. 8-481. Sign Prohibition. (Requested by: City Manager) CHAPTER NO. 76
Prohibits the posting of signs upon telephone and electrical poles, with the exception of yard sale signs.
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.
City Manager's Report
Mr. Lemont reports that the School Bonds were sold today in the amount of $5,095,000 at a rate of 4.97%. Also sold were $3,400,000 in bond anticipation notes, at an expected rate of 3.339%, which are redeemable May 15, 2000. He says that these rates are very favorable and are due to the financial soundness and financial management of the City.
(By William J. Conley, Jr., City Solicitor)
Claims Committee Report
Lawrence & Lisa Quattrucci Claim No. 99-39 Approved w/the following stipulations:
Claimant signs a hold harmless agreement within 30 days or city trees will be cut.Claimant changes to lateral service to PVC pipes at their own expense
Joseph Asquino Claim No. 99-38 Approved
DEM/City of East Providence Agreement
re: East Providence Dog Pound Approved - signature authorized
On motion of Mr. Miranda, seconded by Mr. Rogers, it is unanimously VOTED to approve the Claims Committee Report as presented.
(By Gregory S. Dias, Assistant City Solicitor)
Re: Minimum Property Standards Board of Review Vacancy
On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously VOTED to accept the communication as read.
(By Timothy J. Chapman, Assistant City Solicitor)
Re: Building Board of Standards & Appeals Vacancies
On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously VOTED to accept the communication as read.
(By Mayor Joseph S. Larisa, Jr.)
1. Historic Carousel Grants
Mayor Larisa makes a request of the Planning Department to surf the web and assist the Carousel Commission in finding information regarding grants for the Carousel. He asks for a memo from Zac Gordon as to what efforts have been made in that regard.
2. School Department Surplus
Mayor Larisa mentions the news that the School Department will have a surplus this year. He says obviously they were funded sufficiently next year and hopes to see a more realistic budget for the coming year.
3. Order of Docket
Mayor Larisa says he was contacted by several members of the Council about changing the order of the docket, to allow members of the public to be heard before Council business. Mr. Miranda asks that any slide presentations made by the Council be put at the end of the meeting.
Mayor Larisa suggests keeping the same procedure that was used tonight and says he prefers to be flexible from meeting to meeting.
(By Councilman Patrick F. Rogers)
Street Cleaning - City and State
Mr. Rogers asks that the City Solicitor be directed to write to D.O.T. to inform them of the deplorable condition of the sidewalks on the state roads within the City. Mayor Larisa suggests that the Solicitor specify what streets when writing to the D.O.T.
Unanimous Consent - Councilman Miranda - Re: Gatherers' Licenses
Mr. Miranda states he received complaints in his ward regarding Gatherers leaving a mess after going through the rubbish. He asks that the City Clerk be directed to send a letter to the Gatherers informing them that the Council will not tolerate this and if the problem continues, the Council will have to take action. The City Clerk will send a letter to the gatherer's informing them that they are responsible for leaving the rubbish in the same order they found it.
(If given first passage, can be referred to the next regular Council meeting to be held on July 13, 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 Sec. I. Subsec. 18-307 entitled "Parking prohibited at all times." by adding thereto the following:
ROGER WILLIAMS AVENUE (north side), from Newport Ave. to Coyle Ave.
ROGER WILLIAMS AVENUE (south side) from Newport Ave. West for fifty (50) ft.
On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously VOTED to approve for First Passage.
(By Mayor Joseph S. Larisa, Jr.)
Richard Croke, 85 Hazlewood Avenue, East Providence, Rhode Island is appointed
Alternate 1 of the Zoning Board of Review for a term expiring June 1, 2004.
Zoning Board of Review – Chairman
On motion of Mr. Rogers, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to appoint Eugene Saveory, 11 Dearborn Drive, East Providence, 02915.
(By Councilman Peter F. Midgley)
Ancient Little Neck Cemetery Commission
On motion of Mr. Midgley, seconded by Mr. Grant, it is unanimously VOTED to approve the appointment of Ray Canario, 10 Penrod Street 02915, to fill the unexpired vacancy left by the death of Anthony Andrade. The term will expire January 1, 2001.
(By Councilman Norman J. Miranda)
Library Board of Trustees
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously VOTED to approve the appointment of Janet Seals, 30 Stephen Street 02915 to the Library Board of Trustees, for a term expiring February 5, 2002.
There being no further business, the meeting adjourns at 10:07 p.m.
Attest:
Valerie A. Perry, CMC
City Clerk Approved: 6-15-99