CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
The City Council meets in the Council Chamber on Tuesday, April 4, 2000 and is called to order at 7:43 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 Miranda.
1. Approval of Council Journals - March 21, 2000 - Regular Meeting
2. Cancellations/Abatements - City Assessor requesting cancellation of taxes as follows:
Year Amount
1998 $ 56.23
1999 $ 63,231.73
Total $ 63,287.96
3. Tag Days Permit - April 16, 17, 18, 2000
Applicant - Stephen Costa on behalf of Knights of Columbus
St. Margaret CYO Midget Girls Basketball Team - State Champions
Mayor Larisa and Councilman Rogers present Certificates of Recognition.
Presentation to recipients of Charity Ball 2000
Councilman Miranda and City Clerk Valerie Perry, Co-Chairs of the Charity Ball, present awards from proceeds of the 2000 Charity Ball.
1. Victualing - N/over 25
Rebecca DeCosta & Lori Maratto, dba Riverside Creamery - 447 Willett Avenue
Subject to approvals from Police Chief, Building Inspector, Health Inspector
Rebecca DeCosta, 61 Garden Drive, East Providence, Rhode Island is present and sworn.
On motion of Mr. Grant, seconded by Mr. Midgley, it is unanimously VOTED to approve the license, subject to approvals from the Police Chief, Building Inspector, and Health Inspector.
2. Peddler
Anthony J. Vitali - 1280 Newman Avenue, Seekonk, Massachusetts
The applicant is present and sworn.
On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously VOTED to approve, subject to approval from the Police Chief.
3. Peddler
Frank Fressilli, 166 Beverly Road, East Providence, Rhode Island
The applicant is present and sworn. Mayor Larisa states that the applicant is his cousin and recuses himself from the matter.
On motion of Mr. Miranda, seconded by Mr. Rogers, it is VOTED 4-0 to approve. It is noted that Mayor Larisa did not vote.
4. Peddler
Jorge H. Amaya, dba Palagi's Ice Cream, 55 Bacon Street, Pawtucket, Rhode Island
On motion of Mr. Midgley, seconded by Mr. Rogers, it is unanimously VOTED to approve, subject to approvals from the Police Chief and Department of Health.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
ORDINANCES - FINAL PASSAGE (Given first passage March 21, 2000
Advertised - Providence Journal - March 24, 2000
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.", Subsection 18-307 entitled "Parking prohibited at all times." by adding thereto the following: PARSONS AVENUE (west side), from Taunton Avenue southerly 139 feet (Requested by the Director of Public Works) CHAPTER NO. 116
There is no one 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.
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. 18-269 entitled "Stop and yield intersections designated; when stops required." by adding thereto the following: CALLENDER AVENUE (eastbound traffic) at Dover Avenue.
(Requested by Director of Public Works) CHAPTER NO. 117
There is no one from the public wishing to be heard.
On motion of Mr. Grant, seconded by Mr. Rogers, and on a roll call vote, it is unanimously VOTED to approve for Final Passage.
1. Nancy Remington introduces, Krista Alessandro, Lead Safe Coordinator, who gives a presentation on the Lead Prevention Program.
2. Nancy Remington gives a presentation on the Community Development Block Grant (CDBG) Presentation of 1999 Activities. She states that the applicants will be at the first meeting in May to give brief presentations of their proposals, and at the second meeting in May, the Council will be presented with the proposed recommendations.
3. Jeanne Boyle, Planning Director, reviews the draft proposals for the Planning Consulting Services for a Needs Analysis for a Multi-Purpose Recreation Center and Architectural Design Services for Conceptual Design for Multi-Purpose Recreation Center.
She says random surveys will be sent out to determine the needs of the Center, and public forums will be held to get input from the public.
Mr. Rogers asks about the costs involved and suggests potential sources of funding should be identified.
Director Boyle says if the Purchasing Agent has a list of consultants who have worked for the City, he will send out the information to the people on the list, in addition to advertisements in the newspapers. She also says that the Recreation Department has some information from similar projects done in other parts of the country.
Mayor Larisa says he would like to see (1) input as to whether the site selection would detract, take away existing fields, depending on where it's located; (2) does the site itself have the opportunity for expansion in the future; (3) will the considered sites accommodate additional fields in the vicinity of the site.
Mayor Larisa goes on to talk about the needs analysis, and says it doesn't include any notion of additional fields. He says what he would be interested in seeing in the needs analysis is how much is there a need for additional fields. He also says he wants to see conceptual design(s), in particular the opportunity for phased construction.
Councilman Grant asks that the Council be kept updated on the plans.
Director Boyle gives an overview of the proposed changes in the Planning Consultant
The Planning Consultant is to identify sources of funding.
Outdoor recreation fields will be included with the center, as a possibility
Look at a possible effect on outdoor recreation , room for expansion, and possibilities for incorporation of outdoor recreation, and to what extent will any given site take away from existing recreation.
Consultant will do prioritization of various activities.
Mr. Rogers says he does not think a consultant should tell the Council what the priorities should be . Mayor Larisa agrees and says he envisions the consultant conducting a survey and asking the citizens what their needs are. Jeanne Boyle says that the prioritization would be a combination of the survey results and demographics.
Director Boyle proceeds to review the changes in the architectural services proposal:
1. (Item #3) after they meet with the Advisory Committee, that there be a presentation to the Council.
2. (Item #7) - Presentation of conceptual design alternatives, and possible phase components.
On motion of Mr. Rogers, seconded by Mr. Grant, and on a roll call vote, it is unanimously VOTED to approve the RFP as amended.
(By William J. Conley, Jr., City Solicitor)
Claims Committee Report
Mario Ferrucci, Jr., Claim No. 00-12 Approved for $475.00
Maria DeSousa , Claim No. 00-13 Denied - Referred to Insurance Co.
Kathleen Jamiel, Claim No. 00-14 Denied
CGI Southern New England Ins. Claim No. 00-17 Referred to Law Department
Devin Almeida, p.p.aa. Rebecca Andrade Claim No. 00-18 Referred to School Dept.
Bell Atlantic, Claim No. 00-16 Approved
Louise Riendeau, Claim No. 00-10 Denied
The Claims Committee went into recess at 7:40 p.m.
On motion of Mr. Grant, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to accept the report as presented.
With no objections, the order of business is changed.
George Redman, 29 Church Street, East Providence, Rhode Island, addresses the Council regarding the Greenway Alliance National Trails Day, which will be held on June 3, 2000. Mr. Redman asks that something be coordinated in the Riverside section of the City.
(By Councilman Rolland R. Grant)
1) Councilman Grant speaks about calls he has received about Progress Avenue playground. He says neighbors say the area is never used, and have suggested it be used for a soccer field. He asks Mr. Lemont to look into it.
2) Councilman Grant speaks about equipment at Kent Heights playground, and says that a slide there should be taken down, because of potential danger to small children. He also says sand should not be used in playgrounds.
Mr. Rogers proposes the Director of Recreation or Parks do an inventory on the equipment at all playgrounds in the City and get back to the Council with a report. Mr. Lemont says that equipment is bought on an ongoing basis. Mr. Rogers replies that he thinks it is insufficient.
After further discussion, a motion is made by Mr. Rogers, seconded by Mr. Grant, to have a report done for the Council with an inventory of the equipment and the Council will then make a policy decision on what to spend for improvement.
Mr. Miranda comments that a playground was just done in his Ward and the job was well done.
After discussion, the motion is restated. Director Forgue will provide the Council with a narrative of the condition of each playground, with some type of ranking order on which ones are in the best shape and which ones need the most work.
On a roll call vote, it is unanimously VOTED to approve the motion.
Mr. Rogers asks that the inventory include the description of the equipment.
(By Councilman Patrick A. Rogers)
Traffic Safety/Safe Summer Program
Councilman Rogers aks that the Chief of Police provide a report at the next Council meeting outlining what improvements were implemented last year and what other steps will be taken this year to address traffic safety programs.
(If given first passage, can be referred to the next regular Council meeting to be held on April 18, 2000 for a public hearing and consideration of final passage)
1. AN ORDINANCE IN AMENDMENT OF CHAPTER 3 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "ANIMALS." which amends SEC I. Sec. 3-1 entitled "Definitions" by adding thereto the following:
Enclosure means a fence or structure of at least six (6) feet in height, forming or causing and enclosure suitable to prevent the entry of young children and suitable to confine a vicious dog in conjunction with other measures which may be taken by the owner or keeper, such as tethering of the vicious dog. Such enclosure shall be securely enclosed and locked and designed with secure sides, top and bottom and shall be designed to prevent animal from escaping from the enclosure.
Vicious dog means any dog that, when unprovoked, inflicts bites or attacks a human being or other animal either on public or private property, or in a vicious or terrorizing manner approaches any person in apparent attitude of attack upon the streets, sidewalks or any public grounds or places; any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals; any dog which attacks a human being or domestic animal without provocation; any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting and/or any dog not licensed according to city ordinance.
SECTION II. Article II entitled "Dogs" of Chapter 3 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled "Animals" is amended by adding thereto the following:
Sec. 3-36. Registration of certain breeds of dogs required.
Any person having custody, ownership or control of any American Pit Bull dog, Pit Bull Terrier dog or Pit Bull mixes ("Pit Bulls") must register said dog before the age of three (3) months with the City on a form provided by the City. Said form shall require the following information: name, address and telephone number of the dog's owner; the address where said dog is harbored, if different from the owner's address; dog's sex, color, rabies certificate and tag number and other distinguishing characteristics of the dog, as well as proof of liability insurance of not less than one hundred thousand ($100,000) for such registration.
Sec. 3-37 Registration of vicious dogs.
No dog determined to be a "vicious dog" as defined under Rhode Island General Law shall be licensed for any licensing period commencing after May 1, 2000, unless the owner or keeper of such vicious dog shall meet the following requirements:
(1) The owner or keeper shall present to the City Clerk proof that the owner or keeper has procured liability insurance in the amount of at least one hundred thousand dollars ($100,000.) covering any damage or injury which may be caused by such vicious dog during the twelve-month period for which licensing is sought, which policy shall contain a provision requiring the City be named as additional insured for the sole purpose of the City Clerk to be notified by the insurance company of any cancellation, termination or expiration of the liability insurance policy.
(2) The owner or keeper shall have the licensing number assigned to such vicious dog, or such other identification number as the City Clerk shall determine, tattooed upon such vicious dog by a licensed veterinarian or other state or city agency on the upper inner lip of the vicious dog. Said number shall be noted on the city licensing files for such vicious dog if it is different from the licensing number of such vicious dog. For the purpose of this section, "tattoo" shall be defined as any permanent numbering of a vicious dog by means of indelible or permanent ink with the number designated by the licensing authority or any other permanent, acceptable method of tattooing. The City Clerk shall affix a two (2) letter prefix to the identification number in order to identify the city in which the dog was originally licensed.
(3) The owner or keeper shall display a sign on his or her premises warning that there is a vicious dog on the premises. Said sign shall be visible and capable of being read from the public highway.
(4) The owner or keeper shall sign a statement attesting that:
The owner or keeper shall maintain and not voluntarily cancel the liability insurance required by this section during the twelve-month period for which licensing is sought, unless the owner or keeper shall cease to own or keep the vicious dog prior to the expiration of such license; and
The owner or keeper shall, on or prior to the effective date of such license for which application is being made, have a fenced and locked enclosure for the vicious dog on the property where the vicious dog will be kept or maintained; and
The owner or keeper shall notify the licensing authority within twenty-four (24) hours if a vicious dog is on the loose, is unconfined, has attacked another animal or has attacked a human or has died or has been sold or given away. If the vicious dog has been sold or given away, the owner or keeper shall also provide the licensing authority with the name, address and telephone number of the new owner or keeper.
The owner or keeper shall not allow any vicious dog to be outside of the dwelling of the owner or keeper or outside of the enclosure unless it is necessary for the owner or keeper to obtain veterinary care for the vicious dog or to sell or give away the vicious dog or to comply with the commands of the Animal Control Officer with respect to the vicious dog. In such event, the vicious dog shall be securely muzzled and restrained with a chain having a tensile strength of three hundred (300) pounds and not exceeding three (3) feet in length and shall be under the direct control and supervision of the owner or keeper.
Sec. 3-38. Acquisition or training of dangerous dogs prohibited.
No person shall own, train or harbor any dog for the purpose of dog fighting, or train, torment, badger, bait or use any dog for the purpose of causing or encouraging said dog to attack human beings or domestic animals when not provoked.
Sec. 3-39. Action for damages Destruction of offending vicious dog.
(a) If any dog declared vicious, when unprovoked, kills or wounds, or assists in killing or wounding, any domestic animal, belonging to or in the possession of any person, or, when unprovoked, attacks, assaults, bites, or otherwise injures any human being, or assists in attacking, assaulting, biting or otherwise injuring any human being while out or within the enclosure of the owner or keeper of the vicious dog, or while otherwise on or off the property of the owner or keeper whether or not the vicious dog was on a leash and securely muzzled or whether the vicious dog escaped without fault of the owner or keeper, the owner or keeper of the dog may be liable to the person aggrieved for all damage sustained, to be recovered in a civil action, with costs of suit. It is rebuttably presumed as a matter of law that the owning, keeping, or harboring of a vicious dog in violation of this chapter is a nuisance. It shall not be necessary, in order to sustain any action, to prove that the owner or keeper of the vicious dog knew that the vicious dog possessed the propensity to cause this damage or that the vicious dog had a vicious nature.
(b) Upon the attack or assault, the Animal Control Officer is empowered to confiscate the vicious dog, and, if the conduct of the vicious dog or its owner or keeper constituted a violation of the provisions of this chapter, the attack or assault may be punishable by the destruction of the animal.
Sec. 3-40. Vicious dog penalties; compliance.
Any person found in violation of Secs. 3-36, 3-37, 3-38 and 3-39 this Chapter shall be fined $500.00 for each offense and/or sentenced to thirty (30) days in prison.
The Animal Control Officer is hereby empowered to make whatever inquiry is deemed necessary to ensure compliance with the provisions of this Chapter, and said Animal Control Officer is hereby empowered to seize and impound any vicious dog whose owner or keeper fails to comply with the provisions of this Chapter. (Requested by Chief of Police)
On motion of Mr. Grant, seconded by Mr. Rogers, it is unanimously VOTED to dispense with the reading of the ordinance.
On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously VOTED to approve the ordinance for First Passage.
Mr. Midgley asks that Sec. 3-40 be changed to read ".......not less than $100 and up to $500 for each offense and/or sentenced up to thirty (30) days in prison."
On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously VOTED to approve both changes.
2. AN ORDINANCEANCE 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. 18-269 entitled "Stop and yield intersections designated; when stops required." by adding thereto the following:
GROSVENOR AVENUE (eastbound and westbound traffic) at Appian Way.
(Requested by Director of Public Works)
On motion of Mr. Miranda, seconded by Mr. Rogers, it is unanimously VOTED to approve for First Passage.
(By Mayor Joseph S. Larisa, Jr.)
Canvassing Authority
Michael Solomon 6 Cushman Avenue (02914)
Mayor Larisa defers the appointment to the next Council meeting.
(By Councilman Peter F. Midgley)
Recreation Advisory Board - Shirley Winter 19 Griffith Drive (02915)
On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously VOTED to approve.
(By Councilman Patrick A. Rogers)
Recreation Advisory Board - Richard Delle Femine 29 Linden Avenue (02916)
On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously VOTED to approve.
On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously VOTED to recess the meeting and go back into the Claims Committee meeting.
The meeting recesses at 9:25 p.m.
The meeting reconvenes at 10:08 p.m. on a motion by Mr. Midgley, seconded by Mr. Miranda.
There being no further business, the meeting is adjourned at 10:08 p.m.
Attest:
Valerie A. Perry, CMC
City Clerk Approved: April 18, 2000