CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
The City Council meets in the Council Chamber on Tuesday, February 15, 2000 and is called to order at 7:45 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 Grant.
Lori Merolla, Merand
Reporting, is present to record the proceedings of the public hearings.
1. Approval of Council Journals
Regular Meeting - January 26, 2000
Special Meeting - February 9, 2000 - Legislative Breakfast
2. Coastal Resources Management Council - File No. 00-01-10 ASSENT
Install containment boom/curtain and netting assembly around existing 18" sewer overflow pipe in Watchemoket Cove, until pump station modifications are made; located at Map 108, Block 2, lot 2; Veteran's Memorial Parkway (Dept. Of Public Works)
3. Alcoholic Beverage License Class F - July 21, 22, 23, 3000
Holy Ghost Brotherhood St. Peter Micaelence - 51 No. Phillips Street
4. Antique Show - March 17 March 19, 2000
Southeastern New England Antique Dealers Assoc. - 2117 Pawtucket Ave.
5. Cancellations/Abatements - City Assessor requesting cancellation of taxes as follows:
Year Amount
1998 $5,681.33
1999 $4,226.71
Total $9,908.04
The figures of the Cancellations/Abatements are corrected.
On motion of Mr. Grant, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to approve the Consent Calendar as amended.
Mayor Larisa and Onna Moniz-John present Citations to winners of the Martin Luther King Jr. Essay Contest. Winners Megan Perry and Fatsuma Salihu are present and read their winning essays. Other winners are Jessica Costa, Eric Emigh, Ashley Lancellotti, Shana Mancinho, Bruno Melo, Victoria Sesson, and Yujie Wong.
Alcoholic Beverage License - Class B Limited – Transfer
Advertised East Providence Post - January 13 & January 20, 2000
From: Panagiotis Lambrou dba East Providence House of Pizza, Inc.
To: Panagiotis Lambrou dba East Providence House of Pizza, LLC - 187 Willett Ave.
Attorney Milton Slepkow, representing the applicant, is present to answer questions from the Council.
There are no persons from the public wishing to be heard.
On motion of Mr. Midgley, seconded by Mr. Rogers, and on a roll call vote, it is unanimously VOTED to approve the license.
Victualing - Not Over 50 – Transfer
From: Panagiotis Lambrou dba East Providence House of Pizza, Inc.
To: Panagiotis Lambrou dba East Providence House of Pizza, LLC - 187 Willett Ave.
On motion of Mr. Midgley, seconded by Mr. Rogers, it is unanimously VOTED to approve.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
Transportation Improvement Program
Planning Director Jeanne Boyle, addresses the Council about the program, which she says is very competitive and which must be submitted by the end of this month. She says the projects which the City are submitting are: 1) the Warren Avenue extension (which receives top priority); 2) Waterfront Drive; and 3) Taunton Avenue - resurfacing and other improvements. She says it is very important that the City make a compelling case before the Advisory Committee and public support will be taken into consideration.
Mr. Miranda mentions that it is very important for the City to get the Warren Avenue extension done. Mr. Midgley encourages people to express their concerns and asks Legislators for support of this very important project to the City.
There are no persons from the public wishing to be heard.
It is determined that a Resolution will be needed for the first meeting in March.
On motion of Mr. Miranda, seconded by Mr. Grant, and on a roll call vote, it is unanimously VOTED to accept the recommendations of the Planning Department.
On motion of Mr. Miranda, seconded by Mr. Grant, and on a roll call vote, it is unanimously VOTED to authorize the Planning Director to draft a Resolution for the Warren Avenue extension, Waterfront Drive, and Taunton Avenue resurfacing to be submitted to the Transportation Improvement Program, and to note that it is with unanimous support of the City Council.
(Given first passage January 26, 2000 Advertised - Providence Journal - January 31, 2000
The following ordinance prohibits the operation of motor vehicles in specific areas and establishes fines for violations.
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. Subsection 18-225 entitled "on parks, playgrounds, etc., generally" to read as follows:
The operation of any motor vehicle upon any park, playground, play field, totlot, conservation area, or reservoir land, or railroad track right of ways is prohibited with the exception of those specific areas within these facilities that are designated and laid out for the use of motor vehicles, city vehicles and equipment, and vehicles and equipment used by vendors who are under contract with the city to provide goods or services within such facilities or, in the case of railroad right of ways, the operation of vehicles by or on behalf of the railroad company. Each violation of the provisions of this section shall constitute a separate offense as provided for in Sec. 18-226.
SEC. II. Subsection 18-226 entitled "Violation by minors and other persons in parks, playgrounds, etc." is amended to read as follows:
Any minor violating the provisions of section 18-225, who is subject to the jurisdiction of the juvenile court of the state, shall be dealt with in accordance with juvenile court law and procedure. All other persons not under the jurisdiction of the juvenile court shall upon conviction of violating the provisions of section 18-225 be punished by a fine of not less than $75.00 for the first offense; not less than $150.00 for the second offense; and not less than $300.00 for the third and subsequent offenses. CHAPTER NO. 111
(Requested by Councilman Patrick Rogers)
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 approve the ordinance for Final Passage and to direct the Public Works Director to make the proper postings.
1. Wannamoisett Road Pump Station Improvements
Public Works Director Julia Forgue answers questions from the Council.
Mr. Rogers asks the Public Works Director for a report which identifies how much was approved in bonds, what has been spent to date, how much will be spent and where it will come from. Mr. Lemont replies that it is being done.
On motion of Mr. Miranda, seconded by Mr. Rogers, and on a roll call vote, it is unanimously VOTED to award the bid to the low bidder - V.F. Capaldi Construction Co.
2. Sanitary Sewer Improvements Cozzens Avenue and Cedar Avenue
Ms. Forgue states that the two projects were put together in the hope that favorable prices would come in, but that did not happen. She says the Cedar Avenue came in as was estimated, but the Cozzens Avenue project came in at a much higher rate.
Mayor Larisa speaks about Competitive Negotiation. Mr. Conley replies that the State passed legislation which allows municipalities to do competitive negotiation.
It is decided that the matter will be held over for one more meeting, but no further.
On motion of Mr. Midgley, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to authorize the Purchasing Agent to make offers to Dicon on their bid price for Cedar Avenue and Boyle and Fogarty on their bid price of Cozzens Avenue, and if both accept, to authorize using the extra $10,000 from the surplus property account. If one or both reject, this will be on the next docket for further action by the City Council.
3. Prequalification for Phase II Bond Issue Road Improvements & Agawam Playground Basketball Court Rehabilitation
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously VOTED to approve the
4. City Manager's Report - None
(By William J. Conley, Jr., City Solicitor)
Claims Committee Report
Edward Tabela, Claim No. 00-08 Denied
William Hussey, Claim No. 00-07 Referred to Law Department
Joseph Lopes, Claim No. 00-06 Referred to Insurance Carrier
Amica Insurance Co. Claim No. 00-05 Referred to R.I. D.O.T.
Susie Bettencourt, Claim No. 00-01 Referred to Law Department
John & Cathleen Larose, Claim No. 99-25 Referred to Law Department
Peter Brown, Claim Nos. 99-32, 00-04 Denied
Susan Gomersall Denied
Higgins vs. City of East Providence Federal Court verdict in favor of the City
On motion of Mr. Grant, seconded by Mr. Rogers, it is unanimously VOTED to accept the report as presented.
(By Mayor Joseph S. Larisa, Jr.)
Reading Program
Mayor Larisa informs the Council of a Reading Program sponsored by the organization East Bay RSVP Reads. He encourages people to get involved.
(By Councilman Rolland R. Grant)
Notification
Mr. Grant asks that the Council be notified when there is a meeting cancellation.
(By Councilman Patrick A. Rogers)
1. Summer 2000 Street Paving/Playground Parking Lot
Mr. Rogers speaks about the condition of the Kimberly Rock Playground parking lot, which he says is the only playground parking lot that is entirely unpaved.
Mayor Larisa asks the Public Works Director to get a cost estimate for the paving. He also asks that she find out if this could be added as a rider to the Agawam bid. Mr. Lemont says the money cannot come of the bond money.
Mr. Conley says the language in the recreation bond was much broader to anticipate the needs of recreational facilities, and if the City were to look at bond money that would be the area to do it in.
After further discussion, on motion of Mr. Grant, seconded by Mr. Rogers, it is unanimously VOTED to use an Add Alternate on to the prequalifications that were just approved.
2. Requesting authorization be given to the Public Works Director to temporarily close a portion of Pleasant St.(per ordinance Sec. 18-248 (b), pursuant to D.O.T. approval
Councilman Rogers discusses residents' concerns about the potential traffic problems once Pleasant Street is repaved. He says the issue is how the residents or other drivers gain access to the road and says the issue is in response to the directive that the street has to be repaved.
Mr. Miranda says he will not vote to close a public street. Mr. Grant says it is a City street and the residents do not have the right to say whether the street will be paved or not. Mayor Larisa states that the road has to be paved because it is the worst street in the City. He says he sees a need for a temporary closure after it is paved, but does not see the justification for a 30 day shutdown now. He says the residents' concerns will have to be addressed if speeding becomes an issue once the street is paved.
Mr. Rogers says he will deal with the problem if it becomes an issue.
On a motion by Mr. Grant, seconded by Mr. Miranda, it is unanimously VOTED to change the order of business to place the docketed item "Communications" next.
1. John F. Conley, Chairman of the Carousel Park Commission, requests that all utilities of the Crescent Park Carousel be paid by the City.
On motion of Mr. Miranda, seconded by Mr. Grant, and on a roll call vote, it is unanimously VOTED to approve.
2. Attorney Robert D. Goldberg, representing Providence Country Day School, requesting a resolution approving an increase to the current tax-exempt status of the school's assets to twelve million dollars.
On motion of Mr. Rogers, seconded by Mr. Midgley, and on a roll call vote, it is unanimously VOTED to authorize a Resolution.
On motion of Mr. Grant, seconded by Mr. Miranda, the meeting returns to the regular order of business.
REQUESTING STATE HIGHWAY DESIGNATION FOR RT. 103A
(Requested by Councilman Peter F. Midgley)
Mr. Midgley states that this resolution is a result of a request from Riverside Square business owners.
On motion of Mr. Grant, seconded by Mr. Midgley, it is unanimously VOTED to adopt the Resolution.
This ordinance establishes a permitting procedure for the placement of solid waste containers in roadways.
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" , which is amended by adding the following: Sec. 14-23 Solid waste containers in roadways.
(a) A solid waste container is any container one cubic yard or greater in volume, generally owned by a commercial waste hauling corporation or industry but not limited to such ownership. This article shall not apply to any trash barrel of 100 gallons or less owned by a resident for household solid waste generated in the course of daily living.
(b) No person shall place or caused to be placed in any street, highway, or public right of way a solid waste container without first obtaining a permit from the building inspector's office. The permit will be issued in the name of the person responsible for the solid waste container and contain a specific site location in the street, highway, or public right of way for the container. Prior to the issuance of the permit for the solid waste container by the building inspector's office, said permit must be approved by the police department and fire department. There shall be a $25.00 permit fee for all solid waste containers placed within the street, highway, or public right of way.
(c) Said permit will expire 14 days from the date of issuance. A renewal of the permit may be applied for at the building inspector's office for additional successive time periods not exceed 14 days. There shall be no fee for the renewal of a permit.
(d) All solid waste containers shall have reflective markings not less than 6 inches wide by 3 feet long on all corners and additional markings on the front and rear facing ends. Placement of the containers shall not block pedestrian passage without proper safety warnings.
(e) The solid waste container must be removed within 48 hours when filled to capacity.
(f) The person to whom the permit is issued shall be responsible for any damage to utilities, roadways, curbing, walkways, or street trees during installation, use and/or removal of the container. The permit holder must post a $1,000.00 bond or a certified check in the amount of $1,000.00 with the building inspector's office for any container placed in the street, highway, or public right of way.
(g) Any person who violates any provision of this article shall be subject to a $50 fine per day.
(Requested by Councilman Peter F. Midgley)
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. Midgley, seconded by Mr. Grant, is unanimously VOTED to approve the ordinance for First Passage.
Tree Warden
On motion of Mr. Grant, seconded by Mr. Rogers, it is unanimously to approve the appointment of Gregory Gammell, 60 Commercial Way.
(By Mayor Joseph S. Larisa, Jr.)
Carousel Commission
On motion of Mr. Grant, seconded by Mr. Rogers, it is unanimously voted to appoint Lisa Larisa, 77 Argyle Avenue 02915. Term to expire January 2003
East Providence Housing Authority
Antero Braga 527 Forbes Street 02915 Term Expires 12-21-2004
Anthony Almeida 57 No. Carpenter St. 02914 Term Expires 12-18-2001
Letter to be sent to retiring member Richard Smith.
Multi-purpose Recreational Center Advisory Committee
On motion of Mr. Grant, seconded by Mr. Rogers, it is unanimously VOTED to approve the appointments of:
Barbara Pagano 240 Wilson Avenue 02916
JoAnne Harry 198 Vincent Avenue 02914
Raymond Alves 327 Juniper Street 02914
(By Councilman Rolland R. Grant)
Library Board of Trustees
On motion of Mr. Grant, seconded by Mr. Rogers, it is unanimously VOTED to reappoint Mary Smith, 26 Brookfield Road 02915.
Multi-purpose Recreational Center Advisory Committee
On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously VOTED to appoint:
Christopher Parella 750 Waterman Ave. 02914
Edward Cronan 15 Greenwich Ave. 02914
(By Norman J. Miranda, Jr.)
Multi-purpose Recreational Center Advisory Committee
On motion of Mr. Rogers, seconded by Mr. Grant, it is unanimously VOTED to appoint:
John Lewis 400 Veterans' Memorial Parkway 02915
Anthony Almeida 57. No. Carpenter St. 02914
William Stringfellow 122 Grosvenor Ave. 02914
(By Councilman Peter F. Midgley)
Multi-purpose Recreational Center Advisory Committee
On motion of Mr. Midgley, seconded by Mr. Grant, it is unanimously VOTED to appoint:
Helen Sullivan 17 Allison Court 021915
Robert Griffin 119 Circuit Drive 02915
Ronald Bagwell 50 Whitcomb Road
Mr. Rogers receives Unanimous Consent to make his appointments.
(By Councilman Patrick A. Rogers)
Multi-purpose Recreational Center Advisory Committee
On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously VOTED to appoint:
William Castro 88 Byron Avenue 02916
Linda Foley 11 Reservoir Avenue 02916
Ronald Procopio 38 Brentwood Drive 02916
Mayor Larisa asks that Directors Boyle and Crook put together recommendations for a packet on what they see as issues for funding, size, location, etc. and have it for the next meeting.
Mr. Miranda receives Unanimous Consent to have the Public Works Director give an update on the progress of the Rosegarden Soccer Field. She states that the engineers are working on the survey and she has been told it will be a couple of more weeks. She will update the Council at the next meeting.
There being no further business, the meeting adjourns at 9:50 p.m.
Attest:
Valerie A. Perry, CMC
City Clerk Approved: March 7, 2000