CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
TUESDAY,
7:30 P.M.
The City Council meets in the Council Chamber on Tuesday, March 2, 1999, and is called to order at 7:32 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 Rogers.
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
Feb. 16, 1999 - Regular City Council Meeting
Jan. 19, Feb. 3, Feb. 16, 1999 Closed Sessions Re: Council Appointees Job Performance Review
2. (Permission to Advertise) Alcoholic Beverage License - Class B Limited
Applicant: PIM Corp. dba Siam Square Restaurant - 1050 Willett Avenue
3. Alcoholic Beverage License - Class F - March 13, 1999
St. Martha's Church, 2595 Pawtucket Avenue
4. Alcoholic Beverage License - Class F - May 8, 1999
St. Martha's Church, 2595 Pawtucket Avenue
On motion of Mr. Miranda, seconded by Mr. Grant, and on a roll call vote, it is unanimously VOTED to remove the minutes of the January 19, February 3, and February 16, 1999 Closed Sessions and to approve the Consent Calendar as amended.
On motion of Mr. Grant, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to keep the minutes of the January 19, February 3, and February 16, 1999 Closed Sessions closed.
Meagan Hayward Fund Presentation by Council Norman J. Miranda
Councilman Miranda presents a check from proceeds of a Charity Ball 50/50 Raffle in the amount of $500 to Anthony Almeida for the Meagan Hayward Fund.
Proclamation - Peace Corps Day - Requested by Councilman Patrick A. Rogers
Laundry - Pride Coin Laundry & Dry Cleaners, Inc. dba Pride Laundry- 390 Waterman Avenue
Andreas Andreopoulos, 12 Ferncrest Drive, Johnston, Rhode Island is present and sworn.
On motion of Mr. Miranda, seconded by Mr. Grant, and on a roll call vote, it is unanimously VOTED to approve the license, subject to approvals from the Police Chief and Building Inspector.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
HIGHWAY ABANDONMENT - STATE STREET FROM WATERMAN AVENUE TO WARREN AVENUE - Map 607 Blocks 21 & 15
Petitioner: Lehigh Realty Associates Attorney: Martin P. Slepkow
Advertised: East Providence Post - February 4, 11, 18, 1999
Notice sent to Utilities - Feb. 15, 1999 - Notice served on abutters: Jan. 25 & Jan. 30, 1999
Martin P. Slepkow, representing Lehigh Realty Associates, addresses the Council. He says the abandonment has been recommended for approval by the Planning Board with stipulations, that his client has agreed to. He says that Mr. Pesce, the owner of the property, plans to put an office building in the location, which formerly housed a billboard for many years.
Replying to a question from Mayor Larisa, Mr. Conley responds that the City is not entitled to be paid for the property because it was formerly acquired for use as a public way, and now the City is saying it does not need that piece of property any longer.
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 Highway Abandonment, subject to the stipulations as recommended by the Planning Board.
(Given first passage February 16, 1999)
Advertised - Providence Journal - February 19, 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 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, between the hours of 8:00 A.M. and 6:00 P.M., except Sundays and Holidays. (Requested by Councilman Rogers) CHAPTER NO. 56
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 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. I. Sec. 18-269 entitled "Stop and yield intersections designated; when stops required." by adding: FREEBORN AVENUE (westbound traffic) at its intersection with Potter St.; ORCHARD STREET (westbound traffic) at its intersection with Potter St.; SCHOOL STREET (westbound traffic) at its intersection with Potter St. Requested by the Director of Public Works CHAPTER NO. 57
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 approve the ordinance for Final Passage.
3. AN ORDINANCENANCE 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) CHAPTER NO. 58 Requested by the Police Chief and City Solicitor
There are no persons from the public wishing to be heard on the ordinance.
In response to questions from Mayor Larisa, Mr. Conley states that other communities have had the same problems in District Court and have taken the proposed East Providence ordinance and are using it as a model to be used in their own Municipal Courts. Mr. Conley says that a House Bill has been introduced in the General Assembly which would provide a penalty provision for one half of the general law, but not the other. He concurs that the City has the power to enforce the ordinance in Municipal Court.
Mayor Larisa asks Mr. Conley to draft a Resolution for the next Council meeting detailing the two fixes or more fixes that could be submitted to the General Assembly and also to each City or Town with a Municipal Court that has the same problem.
On motion of Mr. Midgley, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to approve the ordinance for Final Passage.
Mr. Lemont reports that VNA informed him that they would no longer be able to provide the services of a nurse that has been servicing the Senior Center, and that she is leaving VNA and will become a part-time employee of the City, paid with funds from a State Grant.
Mr. Lemont says he was contacted by a resident of Stonegate Apartments regarding speeding and accidents in the area of her residence. He asks Mr. Grant, who has been working on the issue, to report. Mr. Grant states that the Police Department assigned Sgt. Kennedy to the area, and 113 violations have been issued. He says that the 25 MPH sign should be moved back in a northerly direction so that people would have a chance to reduce their speed before turning into or exiting from the apartments. He says that a police report recommends repeat enforcements to make sure people reduce their speed and use signals. He says he and Mr. Midgley will meet with the people in the area and will work with them to resolve the problem.
Mr. Larisa asks the City Solicitor to prepare a Resolution, requested by the Mayor, the Councilman from Ward 3 and the Councilman from Ward 4, to the State Traffic Commission, which attaches the Police Report that Councilman Grant is referring, which lists in the Resolution all accidents which occurred, the time they occurred and the results of the accidents, including a fatality, and also discusses how the accidents all resulted in speeding, and how the City is taking steps and will continue to take steps to intermittently monitor the situation and issue traffic tickets. That the City Council feels the Resolution and the protection of its Citizens requires that the lower speed limit sign be pushed back and a Blind Driveway sign be allowed to be constructed there, and whatever else is recommended in the police report. That should be put on for passage at the next meeting.
(By William J. Conley, Jr., City Solicitor)
Claims Committee Report
Claim of Save the Bay v. City of East Providence Referred to Law Dept.
Kelly & Picerne Inc. v. City of East Providence No. 90-5721 Deferred
Winquist v. City of East Providence Referred to Law Dept.
Joseph Medeiros Claim No. 99-5 Approved
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 Mayor Joseph S. Larisa, Jr.)
Mayor Larisa says he has been talking about one day restoring Crescent Park Beach to its former grandeur. He says an ordinance that would pave the way for First Passage for a condemnation of the four remaining lots that the City does not own at the site. He says before the Council moves in that direction, either condemnation or outright purchase of the property, he would ask the Council's permission to schedule a Council meeting for Sunday, March 7, 1999 at 1:00 p.m. at the site. He says the meeting will be to walk the entire site, take a look at what the City would be buying and what the beach might look like.
The Council agrees to the meeting, which will be posted in City Hall.
(By Councilman Rolland R. Grant)
Warren Avenue Extension - Mr. Grant says the extension is vitally important to the economy of the City, because it will open up the City's entire port.
Mr. Lemont states that P&W Railroad will be at the next Council meeting with drawings to show their proposal.
Bond Counsel
Mr. Rogers recuses himself from discussion of the Bond Counsel.
Mr. Grant states that this docketed item was included because of his concern of a possible violation because Mr. Rogers is an employee of Edwards & Angell, who is the City's Bond Counsel. Mr. Conley states that Mr. Rogers' recusal solves the concern.
Mayor Larisa states that for the record on the Bond Counsel, that he asked to put the Bond Counsel out to bid, which resulted in four to six proposals from well qualified firms. One actually underbid Edwards & Angell, who was asked if they would lower their bid to meet the low bid, and they agreed, which saved the City about $4,000 in that process.
Unanimous Consent Received - Mr. Grant
Mr. Grant suggests the appointment of a committee to carry on the work done by the Think Tank. He asks permission from the Council to seek legislation to provide a redevelopment agency for the City.
Mayor Larisa states that Redevelopment Agencies issue a lot of bonds, and he says he is not sure that taxpayers are willing to give authority to an agency to spend millions of dollars in bonding. He suggests extending tax treaties, to give sales tax relief on building construction, etc.
(By Councilman Patrick A. Rogers)
Ward 1 Fire Station Update
Mr. Rogers states that in November, the voters authorized the City to borrow funds to either renovate or construct a Fire Station in the northern end of the City. He says the Council asked the City Manager to find out if would be more cost efficient to renovate the existing building rather to build a new one. Mr. Lemont had a report prepared by International Construction Management. He presents the preparer of the report, Ernie DiSaia, president of ICM Corporation, who summarizes the report. He says it would be more extensive to do renovations to the existing building rather that build a new one. He says asbestos and lead would have to be removed; a heating system would have to be installed.
Mayor Larisa states that the Council needs to know the cost to build on site and the cost of acquiring another site. He says if another site can be found that is not cost prohibitive, it will be okay, but if not, the new station would have to fit in the present site.
Mr. DiSaia also says that the building was built for a specific purpose, and he finds no other use for the building. He suggests it would be useful to the Post Office as a parking lot.
Mr. Miranda asks for a similar report on Station 1.
(By Councilman Norman J. Miranda)
Charity Ball Report
Valerie A. Perry, City Clerk, Co-Chair of the Charity Ball, reports on the 1999 Charity Ball, She reports that $5,380.54 was the net proceeds from this year's Ball. Proceeds will go the Citizens Scholarship Foundation, to provide a scholarship to an East Providence High School graduating Senior; The Summit Association for the Handicapped; East Providence Boys and Girls Club Summer Camp, Self-Help Prescription program for elderly low -income residents; R.I. Meals on Wheels; Feinstein Community Kitchen.
Snow Removal
Mr. Miranda commends Julia Forgue and the Public Works Department for the snow removal done the past week.
(By Councilman Peter F. Midgley)
Leaves Well Enough Alone
Mr. Midgley speaks on the proposal to open the Landfill for the dumping of leaves. He says he thought it was all set last Fall, but nothing ever happened. Mr. Lemont says that he has been waiting to hear from DEM. Mr. Conley says that wires got crossed and it was not followed up. He assures Mr. Midgley that he will proceed to get the details worked out for this year.
(If given first passage, can be referred to the next regular Council meeting to be held on March 16, 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. Article X entitled "Stopping, Standing and Parking.", Subsec. 18-307 entitled "Parking prohibited at all times.", by adding thereto the following: BLYTHE WAY (both sides), from Pawtucket Avenue northerly for 20 ft.
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously VOTED to approve the ordinance for First Passage.
AN ORDINANCE AUTHORIZING THE CITY OF EAST PROVIDENCE TO ACQUIRE BY EMINENT DOMAIN CERTAIN PARCELS OF LAND FOR PARKS AND RECREATION PURPOSES (Requested by Mayor Larisa)
Mr. Larisa defers the ordinance to the next meeting.
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." by adding thereto the following: MIDDLE STREET (south side), from Narragansett Avenue westerly to its dead end. (Requested by the Director of Public Works)
On motion of Mr. Grant, seconded by Mr. Midgley, it is unanimously VOTED to approve for First Passage.
Mayor Larisa appoints John Baxter 38 Brigham Farm Road (02916) to the Housing Authority, replacing Regina Girouard. Mayor Larisa asks that a letter be sent to Ms. Girouard thanking her for her years of service.
On a motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously VOTED to approve Mr. Miranda's reappointment of Donna Petsch, 2 Marsh Street (02914) to the Recreation Advisory Board, for a term expiring January 1, 2003.
Mr. Miranda informs the Council that the Youth Advisory Board has nothing to do with the D.I.C.E. program, that it is for youths who want to get politically involved.
On a motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously VOTED to approve Mr. Miranda's appointment of David Medeiros, Orchard Street 02914 to the Youth Advisory Board.
There being no further business, the meeting adjourns at 9:10 P.M.
Attest:
Valerie A. Perry, CMC
City Clerk Approved: March 16, 1999