CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
7:30 P.M.
The City Council meets in the council Chamber on Tuesday August 15, 2000 and is called to order at 7:35 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
Mary Gadouas................................................Deputy City Clerk
The Invocation is led by Councilman Rogers. The Salute to the Flag is led by Councilman Miranda. Merandi Reporting is present to record the proceedings of the Public Hearings.
1. Approval of Council Journals
Regular Meeting - July 18, 2000
2. Coastal Resources Management Council - FINDING OF NO SIGNIFICANT IMPACT - File No. 00-7-1 - to install above ground swimming pool located at 151 Pinecrest Drive, Plat Map 513, Blk 3, Lot 3 (Dana & Lisa Peters)
3. Coastal Resources Management Council - RESIDENTIAL ASSENT File No. 00-4-97
Perform buffer zone management consisting of the selective removal of certain identified species of vegetation followed by re-planting with native plants, located at Carousel Drive, Map 413, Block 15 Lot 2, Map 4143, Block 1, Lots 3 & 4, M ap 414, Block 24, Lot 1 (Picerne Properties, 75 Lambert Lind Highway, Warwick RI 02886)
4. Coastal Resources Management Council - CEASE & DESIST ORDER - unauthorized earthwork on and within 200 ft. of a coastal feature on property located at Map 414, Block 23, Parcel 4; 6 Riverside Drive (Dianne Gibbs)
5. Cancellations/Abatements - City Assessor requesting cancellation of taxes as follows:
Year Amount
2000 $5,093.50
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. Secondhand Auto (Deferred from July 18, 2000) (Advertised E.P. Post - July 6, 2000)
Victor's Auto Care - 195 Newport Avenue
Grace Antunes, 12 Wood Street, Rehoboth, Massachusetts is present and sworn.
There are no persons 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 require a stipulation that no more than three vehicles at any one time will be available for secondhand sale.
On motion of Mr. Grant, seconded by Mr. Miranda, and on a roll call vote, it is unanimously voted to approve, subject to the stipulation and subject to approvals from the Chief of Police and Building Inspector.
2 Secondhand Dealer (Advertised E.P. Post - August 3, 2000)
Paul Lachance, dba Video Games, Etc., 337 Warren Avenue
The applicant is present and sworn.
There are no persons from the public wishing to be heard.
On motion of Mr. Miranda, seconded by Mr. Midgley, and on a unanimous roll call vote, it is VOTED to approve, subject to approvals from the Chief of Police and Building Inspector.
3. Additional Hours (Advertised Prov. Journal - July 15, 22, 29, 2000)
Mobil on the Run - 2336 Pawtucket Avenue
The applicant is present and sworn.
There are no persons from the public wishing to be heard.
On motion of Mr. Grant, seconded by Mr. Miranda, and on a unanimous roll call vote, it is VOTED to approve, subject to approvals from the Chief of Police and Building Inspector.
4. Victualing - N/Over 25 - Mobil on the Run - 2336 Pawtucket Avenue
On motion of Mr. Miranda, seconded by Mr. Grant, and on a unanimous roll call vote, it is VOTED to approve, subject to approvals from the Chief of Police, Building Inspector and Health Inspector..
5. Sunday/Holiday Sales - Mobil on the Run - 2336 Pawtucket Avenue
On motion of Mr. Miranda, seconded by Mr. Grant, and on a unanimous roll call vote, it is VOTED to approve, subject to approvals from the Chief of Police, Building Inspector and Health Inspector.
6. Alcoholic Beverage Class B FP - Transfer
From Moitoso's Pub, Inc. to Dick C's Inc., dba Dick C's Place - 218 Warren Ave
Richard D. Costa, 19 Oakland Drive, West Warwick, Rhode Island 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 unanimous roll call vote, it is VOTED to approve, subject to approvals from the Chief of Police, Building Inspector, and Health Inspector.
7. Victualing/Over 50 - Transfer
From Moitoso's Pub, Inc. to Dick C's Inc., dba Dick C's Place - 218 Warren Ave
On motion of Mr. Miranda, seconded by Mr. Grant, and on a unanimous roll call vote, it is VOTED to approve, subject to approvals from the Chief of Police, Building Inspector, and Health Inspector.
8 Dance/Entertainment - Transfer
From Moitoso's Pub, Inc. to Dick C's Inc., dba Dick C's Place - 218 Warren Ave
On motion of Mr. Miranda, seconded by Mr. Grant, and on a unanimous roll call vote, it is VOTED to approve, subject to the stipulation that the decibel level of music shall not be audible by any of the neighbors surrounding this establishment and subject to approvals from the Chief of Police and Building Inspector..
9. Pool Table (2) - Transfer
From Moitoso's Pub, Inc. to Dick C's Inc., dba Dick C's Place - 218 Warren Ave
On motion of Mr. Miranda, seconded by Mr. Grant, and on a unanimous roll call vote it is VOTED to approve, subject to approvals from the Chief of Police and Building Inspector.
10. Pool Table (Sunday) (2) - Transfer
From Moitoso's Pub, Inc. to Dick C's Inc., dba Dick C's Place - 218 Warren Ave
On motion of Mr. Miranda, seconded by Mr. Grant, and on a unanimous roll call vote, it is VOTED to approve, subject to approvals from the Chief of Police and Building Inspector.
11. Alcoholic Beverage - Class B Ltd. (Advertised E.P. Post 6/29 & 7/6, 2000)
Maria D.N. Goncalves, dba Dolores Place - 330 Warren Avenue
The applicant is present and sworn, along with her Attorney, L. Abilheiro, 1052 Main Street, Warren, Rhode Island.
There are no persons from the public wishing to be heard.
On motion of Mr. Grant, seconded by Mr. Midgley, and on a unanimous roll call vote, it is VOTED to approve, subject to approvals from the Chief of Police and Building Inspector.
1. Employment Agency
Roger Caldwell dba Quickstaffing Medical Agency - 172 Taunton Avenue
The applicant, residing at 130 Moore Street, Providence, Rhode Island, is present and sworn.
On a motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously VOTED to approve, subject to approvals from the Chief of Police and Building Inspector.
2. Sunday/Holiday Sales - Transfer
From Hien Van Nguyen dba Convenience Store #1
To Joseph Hoa-Do dba Joe's Convenience #One - 665 North Broadway
The applicant, residing at 148 Woodward Avenue, East Providence, Rhode Island, is present and sworn, and accompanied by his Attorney, Bob Kuzoian, Esq.
On a motion of Mr. Grant, seconded by Mr. Midgley, it is unanimously VOTED to approve, subject to approvals from the Chief of Police, Building Inspector and Health Inspector..
3 Victualing - N/Over 25 - Transfer
Joseph Hoa-Do dba Joe's Convenience #One - 665 North Broadway
On a motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously VOTED to approve, subject to approvals from the Chief of Police, Building Inspector and Health Inspector.
4. Victualing - N/Over 25 - Transfer
Joao Tavares, dba Tavares Market - 498 North Broadway
The Applicant, residing at 205 Sayles Avenue, Pawtucket, Rhode Island is present and sworn.
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously VOTED to approve, subject to approvals from the Chief of Police, Building Inspector, and Health Inspector.
5. Sunday/Holiday Sales - Transfer
Joao Tavares, dba Tavares Market - 498 North Broadway
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously VOTED to approve, subject to approvals from the Chief of Police
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
ORDINANCES - FINAL PASSAGE (Given first passage July 18, 2000
Advertised - Providence Journal - July 21, 2000
1. AN ORDINANCE IN AMENDMENT OF CHAPTER 11 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "PERSONNEL" which amends Subsection (e) of Sec. 11-236 entitled "Requirements for service retirement." to read as follows:
(e) Effective July 1, 2000, those members who retired from service between 1962 and 1984 shall receive an increase of $900.00 per member per year except in the case of a widowed member whose increase shall be $600.00 per year, and those members who are receiving an annual cost of living adjustment. Effective July 1, 2000, those members who retired from service prior to 1962 or their surviving widow shall receive an increase of $600.00 per member per year.
(Requested by Police and Fire Pension Board) CHAPTER NO. 133
William Andre of 162 Bentley Street, is present, sworn, and gives his thanks to the Council and everyone involved with the City's Police and Fire Pension Board.
On motion of Mr. Miranda, seconded by Mr. Grant, and on an unanimous roll-call vote, said ordinance is adopted.
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:
FOREST AVENUE (northbound traffic) at Circuit Drive.
(Requested by the Director of Public Works) CHAPTER NO. 134
There are no persons present who wish to be heard.
On motion of Mr. Miranda, seconded by Mr. Grant, and on a unanimous roll-call vote, said ordinance is adopted.
3. 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." is amended by adding thereto the following:
THATCHER STREET (eastbound and westbound traffic) at Brayton Avenue.
(Requested by the Director of Public Works) CHAPTER NO. 135
There are no persons present who wish to be heard.
On motion of Mr. Midgley, seconded by mr. Grant, and on a unanimous roll-call vote, said ordinance is adopted.
(The following ordinance will allow the City to ticket all handicapped parking violations on East Providence Municipal Court tickets, not just those who violate handicapped parking restrictions on City streets).
On motion of Mr. Grant, seconded by Mr. Miranda, and on a unanimous roll-call vote, it is voted to dispense with the reading of this ordinance, except for the description.
4. 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. 18-315 entitled "Same Handicapped parking" to read as follows:
(A) It shall be unlawful for the operator of any vehicle to stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers, within the following areas designated as handicapped parking areas:
Agnes Street (south side), in front of house number 115, from a point 187 feet west of the North County Street intersection westerly 27 feet.
Arcadia Avenue (south side), in front of house number 22, from a point 320 feet east of Campbell Avenue-Arcadia Avenue intersection easterly for a distance of 35 feet.
East Providence Police Station as shown on the plan, entitled "Handicap Parking Layout, East Providence Police Station, 750 Waterman Ave., East Providence, R.I., scale: 1" = 20'," on file in the office of the city clerk.
Summit Street (west side), in front of house number 106, from a point approximately 180 ft. south off Summit Street-Cross Street intersection southerly for a distance of 40 ft.
Summit Street (west side), in front of house number 124, from a point 106 feet south of the Summit Street-Cross Street intersection southerly 46 feet.
Viola Avenue (east side), from Crescent View Avenue northerly for a distance of approximately 40 feet.
Wheldon Avenue (north side), in front of the westerly entrance of Taunton Plaza from a point 290 feet east of Taunton Avenue easterly for a distance of 40 feet.
Wilmarth Avenue (south side), in front of house number 171 from a point 375 feet east of the Wilmarth Avenue-Dourado Lane intersection easterly 50 feet.
(B) It shall be unlawful for the operator of any vehicle to stand or park a vehicle, whether occupied or not, in all other areas in the City of East Providence whether on public or private property when the parking space is within the purview of the state building code and is designated as a "Disability Parking Space."
Disability Parking Space shall be designated and identified by the posting of signs above ground level incorporating the international symbol of access of white and blue, and the words "Handicapped Parking", "Disability Parking, "Disabled Parking" or Reserved Parking".
(Requested by: Law Department) CHAPTER NO. 136
There are no persons present who wish to be heard.
On motion by Mr. Midgley, seconded by Mr. Grant, and on a unanimous roll-call vote, said ordinance is adopted.
1. The Project Director, North American Realty Advisors, gives a presentation on the Waterfront Study Plan.
2. Michael Fallon presents the Police & Fire Pension Plan Actuarial Report.
3. Melissa Kaplan and Jason Pezzullo give a presentation on the Taunton Avenue Study.
4. Recommendation of Award for Consultant on Forbes Street Feasibility Study
On motion by Mr. Grant, seconded by Mr. Miranda, it is unanimously voted to award the Contract to Vanesse Hangen Brustlin, Inc.
5. Southeast Drainage Area Improvements - Qualification Statements
On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously voted that Camp Dresser McKee, Fuss & O'Neill, SEA Consultants, and Weston and Sampson be pre-qualified.
6. Request for Qualification Water Distribution System Improvements Yr 2000
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously voted to pre-qualify A.F. Bragger Construction Co., Inc., Bizko Contracting Corp., Boyle & Fogarty Construction Co., Inc., CB Utility Co., Inc., VF Capaldi Construction Corp., Cardi Corporation, and Munroe Construction.
(By William J. Conley, Jr., City Solicitor)
Claims Committee Report
Rita Serapigilia Claim No. 00-2 Approved for $224.74
Jason Richard Proulx Claim No. 00-33 Denied
Trust Negotiated Settlements - For Informational Purposes Only
On motion of Mr. Grant, seconded by the entire Council, and on a roll call vote, it is unanimously voted to accept the report as presented.
(By Councilman Patrick A. Rogers)
1. Tree Policy
Mr. Rogers and Julia Forgue, Director of Public Works, discuss the back log of requests for tree plantings. Mr. Rogers requests a report on the cost of planting trees, how many trees have been planted in CDBG eligible areas and how many trees have been planted in non-CDBG areas. He suggests calling other municipalities to find out what their tree planting policy is.
Mayor Larisa requests a list of trees that have been cut down that need replacements, a list of requests for trees that were not previously cut down and a list of how many trees that have been planted in CDBG eligible areas and how many non-CDBG eligible areas from June 1995 to present. He also requests that Greg Gammell, Parks Superintendent, be present at the next Council meeting.
2. Pond View
Mr. Rogers asks City Solicitor Conley to send a letter to the President of Pond View regarding the City's policy to Pond View's applications.
(By Councilman Peter F. Midgley)
BST's
Mr. Midgley asks the City Solicitor to send a letter to the State Traffic Commission regarding the problems of trucks parking on Wampanoag Trail.
A discussion is held regarding "Big Scary Trucks" parking in residential areas.
(If given first passage, can be referred to the next regular Council meeting to be held on September 5, 2000 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. 18-269 entitled "Stop and yield intersections designated; when stops required." by adding thereto the following:
MERRICK ST. (eastbound and westbound traffic) at its intersection with Brayton Ave.
LURAY STREET (eastbound traffic) at Providence Avenue.
Requested by the Director of Public Works
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously voted to approve for First Passage.
(By Mayor Joseph S. Larisa, Jr.)
Minimum Properties Standards Bd. of Review Steven Michalski, 88 Fenmoor St.
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously voted to approve.
(By Councilman Peter F. Midgley)Ancient Little Neck Cemetery Diane Thompson 20 Penrod Avenue (02915)
On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously voted to approve.
There being no further business, the meeting adjourns at 11:17 p.m.
Attest:
Mary Gadouas
Deputy City Clerk