CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
The City Council meets in the Council Chamber on Tuesday, January 26, 2000 and is called to order at 7:40 P.M. by Mayor Joseph S. Larisa, Jr.
Present:
Mayor Joseph S. Larisa, Jr. ) Council Members
Peter F. Midgley
Norman J. Miranda
Patrick A. Rogers
Paul E. Lemont ) City Manager
Gregory S. Dias ) Assistant City Solicitor
Valerie A. Perry ) City Clerk
Absent:
Rolland R. Grant ) Council Member
William J. Conley, Jr. ) City Solicitor
The Invocation is led by Councilman Miranda.
The Salute to the Flag is led by Mayor Larisa.
1. Approval of Council Journals
January 4, 2000 - Regular Meeting
2.* Rhode Island DEM - Insignificant Alteration - Permit - No. 99-0071 - Approximately 50 ft. south of Village Green No. Drive, approximately 50 ft. west of its intersection with Village Drive, Map 410, Block 1, Parcel 1.3 & Map 310, Block 3, Parcel 1
3.* Coastal Resources Management Council - RESIDENTIAL ASSENT -
File No. 99-12-33 - Construct new 14'x20' attached garage; located at Map 414,
Block 21, Lot 005.00; 186 Riverside Drive (Harold J. Bovi)
4.* Coastal Resources Management Council - ASSENT - File No. 99-9-46
Construct a 6 lot residential subdivision w/municipal water and sewer connections. Upgrade/pave existing roadway; located at plat 310, Block 7, Lot 10; Waterview Avenue (Bruce Beauchamp/Narragansett Improvement Co. 223 Allens Ave., Providence, RI)
On motion of Mr. Miranda, seconded by Mr. Midgley, it is unanimously VOTED to approve the Consent Calendar. It is noted for the record that Mr. Grant is absent for the vote.
Gary Butterworth is presented with a Certificate in recognition of his 31 years of employment with the City, retiring as Zoning Officer in December 1999.
A Certificate of Recognition will be sent to Richard Roderick, who retired in December 1999 as Superintendent of Buildings and Grounds.
1. Alcoholic Beverage License - Class B Full Privilege
(Advertised - E.P. Post - Jan. 6 & Jan. 13, 2000
AJR Restaurant Group Inc., dba Estrella Do Mar 736 North Broadway
Subject to approvals from Chief of Police, Building Inspector, Health Inspector
Attorney Paul Bettencourt, representing the applicant, addresses the Council regarding his client's application.
Attorney Robert J. Healey, speaks in opposition to the license, arguing that it should be handled as a transfer rather than a new license.
There are no persons from the public wishing to be heard.
After further discussion, on motion of Mr. Rogers, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to approve, subject to approvals from the Police Chief, Building Inspector, and Health Inspector. It is noted for the record that Mr. Grant is absent for the vote.
2. Victualing/Over 50
AJR Restaurant Group Inc., dba Estrella Do Mar 736 North Broadway
On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously VOTED to approve, subject to approvals from the Police Chief, Building Inspector, and Health Inspector. It is noted for the record that Mr. Grant is absent for the vote.
3. Alcoholic Beverage License - Class B Limited
(Advertised - E.P. Post - Jan. 6 & Jan. 13, 2000
Christine Bevilacqua, dba The Corner Grill, 664 Bullocks Point Avenue
Christine Bevilacqua, 87 Shore Road, Riverside, Rhode Island is present and sworn.
There are no persons from the public wishing to be heard.
On motion of Mr. Midgley, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to approve, subject to approvals from the Police Chief, Building Inspector, and Health Inspector. It is noted for the record that Mr. Grant is absent for the vote.
4 Victualing/Over 50
Christine Bevilacqua, dba The Corner Grill, 664 Bullocks Point Avenue
On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously VOTED to approve, subject to approvals from the Police Chief, Building Inspector, and Health Inspector. It is noted for the record that Mr. Grant is absent for the vote.
1. Sunday/Holiday Sales
CVS/Pharmacy #2347 - 640 Warren Avenue
Michael Monasti, 40 Judson Street, Tiverton, Rhode Island is present and sworn.
On motion of Mr. Miranda, seconded by Mr. Midgley, it is unanimously VOTED to approve, subject to approvals from the Police Chief and Building Inspector. It is noted for the record that Mr. Grant is absent for the vote.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
ORDINANCES - FINAL PASSAGE
(Given first passage December 21, 1999 - Advertised - Providence Journal - Jan. 7, 2000)
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 SECTION I. Subsection (c) of Section 3-10 entitled "Nuisance abatement." to read as follows:
(c) It shall be unlawful to allow or permit any animal to trespass on private or public property so as to damage or destroy any property or thing of value and the animal trespassing on private or public property is hereby declared to be a nuisance and such animal may be impounded by the animal control officer.
SECTION II. Section 3-10 entitled "Nuisance abatement." is amended by adding thereto the following:
(e) It shall be unlawful to allow or permit any animal to deposit feces on private or public property other than the property of the animal owner without immediately removing same. Any person that shall allow or permit any animal to deposit feces, without immediately removing same, on private or public property shall be punished by a fine of not less than $25.00 for the first offense; not less than $50.00 for the second offense; and not less than $100.00 for the third and subsequent offense.
CHAPTER NO. 110
(Requested by Councilman Peter F. Midgley)
There are no persons from the public wishing to be heard on the ordinance.
On motion of Mr. Midgley, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to approve for Final Passage. It is noted for the record that Mr. Grant is absent for the vote.
1. Approval for Contract Award for Billing for Emergency Medical Services
On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously VOTED to approve a contract award to Lighthouse Medical Management, Inc. It is noted for the record that Mr. Grant is absent for the vote.
2. Approval for Contract Award for 2 Rescue Vehicles
On motion of Mr. Miranda, seconded by Mr. Rogers, it is unanimously VOTED to approve a contract award to Greenwood Fire Apparatus, Inc. It is noted for the record that Mr. Grant is absent for the vote.
3. City Manager's Report
Chief Gary Dias was recently installed as President of the Police Chiefs' Association. The ad for the smoke testing program has appeared in the newspapers - Has authorized the purchase of a new 16 person handicapped bus for the Senior Center has engaged an architect to design renovations to Breed Hall
Claims Committee Report
Susie Bettencourt Claim No. 00-01 Referred to Insurance Carrier
Shirley Burgess Claim No. 99-68 Approved
Metlife Auto & Home
(Stephen T. Allen) Claim No. 00-03 Referred to State D.O.T.
Dorothy Reposa Claim No. 99-52 Referred to Developer
On motion of Mr. Miranda, seconded by Mr. Midgley, it is unanimously VOTED to accept the Claims Committee Report as presented. It is noted for the record that Mr. Grant is absent for the vote.
(By Mayor Joseph S. Larisa, Jr.)
Mayor Larisa presents his "State of the City Address" and recaps the highlights of City accomplishments for the past year and plans for the City's future.
(By Councilman Patrick A. Rogers)
1. Mr. Rogers announces that Library Director Roberta Cairns has been selected to participate in the Greater Providence Chamber of Commerce "Leadership RI Program."
2. New Recreation Center
Recreation Director Joseph Crook answers questions from the Council and summarizes his report on the need for a new multi purpose recreational center. He says there are social issues as well as recreational activities planned. Money is available from private sources and Peter Marshall of the Community Center has offered to use his non-profit status to secure funds.
Mr. Midgley and Mr. Miranda both speak on the issue and say they are in support of the idea but feel that a complete study needs to be done on other areas of recreation as well, such as soccer fields, football fields, etc.
Discussion is held on a possible site. Mayor Larisa voices his opposition to the proposed sites of either PCD property or Pierce Field. He says he has no objection to the Council's authorization to retain an architect using bond money that has been allocated for that purpose, and he suggests the Council name a 15 member Task Force at the next meeting.
On motion of Mr. Rogers, seconded by Mr. Miranda, it is unanimously VOTED to (1) authorize a Task Force, to be co-chaired by Joe Crook and Jeanne Boyle, with three members to be appointed by each Council member at the next meeting, and the primary goal of the task force should be to hire an architect to design a proposed multi-purpose center, with the input of the committee, and to provide the Council with funding sources once the potential cost is determined; and (2) to authorize an initial expenditure amount of $25,000. It is noted for the record that Mr. Grant is absent for the vote.
(By Councilman Peter F. Midgley)
Recreation
Mr. Midgley says he met with some constituents and other residents of the City regarding recreation programs and the lack of availability and condition of fields. He says after inquiring about the Recreation Advisory Board, he found out that they do not meet.
On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously VOTED that each Councilman make an appointment to that Committee in addition to the present members, and that once the appointments are made, a letter be sent to all existing members that a meeting will take place to appoint a chairman and to reactivate the board. It is noted for the record that Mr. Grant is absent for the vote.
ADDENDUM #1
RESOLUTION CONGRATULATING EAST PROVIDENCE NATIVE DAVEY LOPES ON BEING NAMED MANAGER OF THE MILWAUKEE BREWERS
On motion of Mr. Miranda, seconded by Mr. Rogers, it is unanimously VOTED to adopt the Resolution. It is noted for the record that Mr. Grant is absent for the vote.
(If given first passage, can be referred to the regular Council meeting to be held on February 15, 2000 for a public hearing and consideration of final passage)
1. 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) 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.
(b) 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.
(c) 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.
(d) The solid waste container must be removed within 48 hours when filled to capacity.
(e) 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.
(f) Any person who violates any provision of this article shall be subject to a $50 fine per day.
(Requested by Councilman Peter F. Midgley)
Mr. Midgley says the ordinance will make it necessary to obtain a permit for dumpsters that are placed on public property and for them to be identified with reflective markings. He also states that the ordinance has no effect on dumpsters on private property.
On motion of Mr. Miranda, seconded by Mr. Midgley, it is unanimously VOTED to approve for First Passage. It is noted for the record that Mr. Grant is absent for the vote.
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. 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 $100.00 for the first offense; not less than $250.00 for the second offense; and not less than $500.00 for the third and subsequent offenses.
(Requested by Councilman Patrick Rogers)
Mr. Rogers speaks on the ordinance and says it would make it prohibitive for individuals to drive off road cross motor vehicles or all-terrain vehicles in conservation areas along the reservoir land or upon railroad track right of ways, and the penalty will be increased to graduated fines. He suggests that the proposed fines be amended to $75, $150, and $300.
After discussion, on motion of Mr. Rogers, seconded by Mr. Miranda, it is unanimously VOTED to approve the ordinance for First Passage as amended. It is noted for the record that Mr. Grant is absent for the vote.
ADDENDUM #2
(By Councilman Midgley)
On motion of Mr. Miranda, seconded by Mr. Midgley, it is unanimously VOTED to approve Mr. Midgley's reappointment of Theodore S. Sullivan, 51 Meadowcrest Drive, to the Planning Board.
Mayor Larisa announces that the rescheduled Martin Luther King celebration will be held in the Council Chamber on Wednesday, February 3, 2000.
There being no further business, the meeting adjourns at 9:50 p.m.
Attest:
Valerie A. Perry, CMC Approved:________________________