CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
The City Council meets in the Council Chamber on Tuesday, June 6, 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
Valerie A. Perry..............................................City Clerk
The Invocation is led by Councilman Rogers. The Salute to the Flag is led by Mr. Miranda.
1. Approval of Council Journals - May 16, 2000 - Regular Meeting
2. Coastal Resources Mgmt. Council - FINDING OF NO SIGNIFICANT IMPACT
File No. 00-5-67 - Repair existing foot bridge, replace missing stone, rearrange fallen stone and install new walk on top of bridge, located at 500 Veterans Memorial Pkwy. (Metacomet Country Club)
3. Coastal Resources Mgmt. Council - ASSENT - File No. 00-3-41
Photoremediation and Enhanced Fluid Recovery activities (soil excavation and grading activity and groundwater treatment), located at 4 Kettle Point Lane, (BP Amoco Corp.)
4. Coastal Resources Mgmt. Council - FINDING OF NO SIGNIFICANT IMPACT
File No. 00-4-106 - Replace windows, door, porch, columns, and reshingle siding; located at 57 Terrace Ave., Plat 414, Lot 6 (William & Theresa DeCoste)
5 R.I D.E.M. - INSIGNIFICANT ALTERATION - PERMIT No. 00-0079
Property located approximately 230 ft. north of the intersection of Hilltop Road and Inglewood Road, utility Pole No. 2, Assessor's Plat 208;, Block 9, Lots, 3,4,17 & 18 (The Gordon School, 45 Maxfield Avenue)
6. Coastal Resources Mgmt. Council - DECISION - Docket No. 00-4-47
Construction of two new heating oil storage tanks at an existing oil storage terminal at 100 Dexter Road, East Providence, R.I. (Capital Terminal Co.)
7. Coastal Resources Mgmt. Council - FINDING OF NO SIGNIFICANT IMPACT - File No. 00-5-49 - Extend existing deck and replace existing shed with a new gazebo - property located at 1461 S. Broadway Plat 108, Lot 4 (Arthur L. Davey)
8. Town of No. Smithfield - Resolution in support of The National Campaign to Fully Fund IDEA (Individuals with Disabilities Education Act)
9. Alcoholic Beverage License - Cl B Ltd - Transfer (Permission to Advertise)
From Tedmar Corporation dba Theo's Family Restaurant to Symeon Co. LLC dba Theo's Family Restaurant - 1175 Warren Avenue
On motion of Mr. Grant, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to approve the Consent Calendar.
Senior Citizens' Week - June 5-9, 2000
Citation presented to David Kelleher - Recipient of Regional Tourism Award
Citation presented to members of the East Providence Boys Basketball Team - winners of the Dick Reynold's Sportsman Award
1. Private Detective - William H. Nichols, 10 Kenton Avenue, East Providence, RI
The City Clerk announces that Mr. Nichols called and asked that this be deferred.
On motion of Mr. Grant, seconded by Mr. Rogers, the application is deferred to June 20th.
2. Gatherer
Manuel Arruda, 175 South Rose Street, East Providence, Rhode Island is present and sworn.
Mr. Arruda is told that his permit to gather aluminum cans from Agawam Field is prohibited by City ordinance. Mr. Arruda withdraws his application.
3. Carnival - June 22, 23, 24, 25, 2000
Carousel Park Commission - Loof Carousel
On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously VOTED to approve the license, subject to approvals from Police Chief, Building Inspector, & Electrical Inspector.
4. Sunday/Holiday Sales
Pay-Half - 1863 Pawtucket Avenue
Marilyn DeQuattro, 39 Simpson Street, North Providence, Rhode Island is present and sworn.
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously VOTED to approve the license, subject to approvals from Police Chief and Building Inspector.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
ORDINANCES - FINAL PASSAGE (Given first passage May 16, 2000)
Advertised - Providence Journal - May 19, 2000
AN ORDINANCE IN AMENDMENT OF CHAPTER 5 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "FIRE PREVENTION.", which amends Chapter 5 by adding thereto the following:
Sec. 5-50. Closure and/or removal of underground tanks.
Cutting of all underground tanks and/or containers having contained flammable, combustible or explosive substances is hereby prohibited except upon approval of the Fire Chief. All underground tanks and/or containers having contained flammable, combustible or explosive substances shall be cut, closed and/or removed in accordance with the American Petroleum Institute Recommended Practices-1604, 2nd Edition as amended. CHAPTER NO. 129
(Requested by the Fire Chief)
There are no persons from the public wishing to be heard.
On motion of Mr. Grant, seconded by Mr. Miranda, and on a roll call vote, the ordinance is approved for Final Passage.
1. Recommendation for Consultant Selection of a Planning Consultant and an Architectural
Consultant for Needs Analysis for a Multi-Purpose Recreation Center
Mr. Lemont asks Jeanne Boyle to address the Council on the recommendation. She says the recommended selection was the high bidder, but was the one that met all the requirements.
Mr. Conley responds to a question by Mr. Midgley by saying that although the recommendation is the high bidder, the other firms did not meet all the requirements of the RFP, and are viewed as non-responsive bids.
Wesley Plante, one of the three bidders, asks to speak. Mayor Larisa states that Unanimous Consent is needed. Mr. Rogers objects. Mr. Plante is told he cannot speak.
On motion of Mr. Miranda, seconded by Mr. Rogers, and on a roll call vote, it is unanimously VOTED to approve the recommendation.
2. Tax Stabilization Request of 501 Wampanoag Trail Limited Partnership for proposed office development at 401 Wampanoag Trail
Planning Director Jeanne Boyle and Planner Jim Moran report on the request. They report that the Planning Department brought the request to the Economic Development Commission after reviewing the application. They state that it has potential job growth in the City. They also report that the City has not had a building of this size constructed in the City in over 12 years. Because the development is in excess of $1 million, the applicant is eligible to participate in the tax stabilization program.
Mayor Larisa explains that the tax stabilization will be given on only half of the value of the building and the purpose of this is to bring in new business to the City. He says it will create new jobs and more taxes. Rather than getting $1900 per year for an empty lot, the City will now receive 10 times that amount in taxes, plus there will be 135 new jobs. He says that this proposal is a pro tax payer ordinance
Mr. Rogers recuses himself from the discussion.
Mr. Midgley makes a motion to approve, seconded by Mr. Grant. Discussion follows.
Mr. Midgley says some taxes will be received and after twenty years, the full amount will be received. He says the more businesses that come in, the less taxes homeowners have to pay. He speaks about the breaks homeowners receive.
After further discussion, a roll call vote is taken on the motion:
Mr. Grant Aye
Mr. Midgley Aye
Mr. Miranda Aye
Mayor Larisa Aye
The motion passes 4-0. It is noted that Mr. Rogers recused himself from the vote.
3. City Manager's Report
Mr. Lemont reports that his son John passed the R.I. Bar.
Mr. Lemont reports on a recent Police search involving a stolen vehicle with a child in it. Police Chief Gary Dias reports to the Council on the incident, and says the Department received many accolades on the well orchestrated search. He commends Channel 12 for putting the boy's picture on TV right away, which resulted in the boy being recognized and found in Fox Point. He states that this incident shows how important training and resources are.
(By William J. Conley, Jr., City Solicitor)
Claims Committee Report
Esther Solondz - Claim No. 00-27 Referred to Law Department
Kayode Idowu - Claim No. 00-25 Denied
Jessica Prew - Claim No. 00-26 Referred to Law Department
Jennifer Zambarano - Claim No. 00-26 Referred to Law Department
George Foisy - Claim No. 00-29 Referred to Law Department
The Claims Committee was recessed at this point until after the regular meeting tonight.
On motion of Mr. Grant, seconded by Mr. Rogers, and on a roll call vote, it is unanimously VOTED to accept the report as read.
On motion of Mr. Grant, seconded by Mr. Midgley, it is unanimously VOTED to change the order of business to place Communications next on the docket.
Dr. David J. DiSanto, 2464 Pawtucket Avenue, East Providence, Rhode Island is present and sworn. He addresses the Council regarding his request for two to three parking spaces on the Rice Avenue side of his office and home property.
Mr. Grant suggests that the Doctor use some parking spaces in his driveway for handicapped parking. He says he gets complaints from neighbors. He says if the street handicapped spaces can be limited to Tuesdays and Thursdays and if the Doctor can put a couple of spaces in his driveway, it might be able to work.
After further discussion, Public Works Director Julia Forgue addresses the Council. She says that an ordinance to establish handicapped parking on Rice Avenue was given First Passage on March 7, 2000. Mr. Conley states that the ordinance will have to be advertised for Public Hearing for June 20th. It is decided that the ordinance will be placed on the June 20th docket for Final Passage.
On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously VOTED to return to the regular order of business.
Unanimous Consent - Mr. Miranda
Mr. Miranda announces that the City will conduct a joint commemoration of Flag Day and the Day of Portugal on Wednesday, June 14, 2000 at 12:00 p.m. at the City Hall. He invites the public to attend.
(By Councilman Rolland R. Grant)
Motor Vehicle Tax
Mr. Grant asks Mr. McDonald to explain how the motor vehicle tax is arrived at. Mr. McDonald explains that the method to determine the value of the cars was changed and some car values went up, but no one's tax bill went up.
(By Councilman Patrick A. Rogers)
1. Ward 1 Fire Station - Citizen Advisory Committee
Mr. Rogers proposes a Citizens Advisory Committee of five people from Ward 1 - Nancy Stevens, John Lynch, Kathleen Sherry, Bob Cusack, and Bill Drapeau.
He reads the Committee's responsibilities into the record:
1. To consult with, advise, and provide citizen input to the City Manager and other City professionals and professional advisors, relating to the Fire Station exterior building design and landscaping.
2. Each Committee member shall be invited to attend and participate at scheduled meetings relating to the Fire Station exterior building design and landscaping, including meetings with the Architect.
3. Each Committee member shall be provided with materials, correspondence and drawings, relating to the Fire Station exterior building design and landscaping.
4. This Committee shall report to the City Council from time to time as it seems appropriate regarding its work.
Discussion follows with Mr. Grant and Mr. Miranda voicing opposition to a committee made up entirely of residents of Ward 1. They say they will not support such a motion.
Mayor Larisa responds by saying that the he would expect the Committee to work with the City Manager and professionals and asks Mr. Rogers if he has an objection to eliminating #4. Mr. Rogers says he does not have a problem with this.
Mayor Larisa says the Councilman in Ward 1 should get 2 picks and the rest of the Council should get 1 pick for the Committee.
After further discussion, it is agreed to amend Mr. Rogers recommendations as follows: Item #1 - the names listed will be withdrawn and will be substituted with six members, two to be appointed by Ward 1 and the remaining Council members will each get one pick. Item #4 is deleted.
Motion to approve as amended is made by Mr. Rogers, seconded by Mr. Midgley. Roll call vote follows:
Mr. Grant Nay
Mr. Midgley Aye
Mr. Miranda Nay
Mr. Rogers Aye
Mayor Larisa Aye
Motion passes 3-2.
1. Safe Summer Program
Police Chief Gary Dias describes his proposal for traffic enforcement, which will allow for at least one or more officers on overtime, devoted to traffic enforcement.
Discussion is held on whether the program should be five days per week or seven days per week. It is decided that it will be left up to the discretion of the Police Chief and City Manager as to how many days per week it will be in place.
On motion of Mr. Rogers, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to approve the proposal , leaving the number of days up to the Police Chief and City Manager.
(By Councilman Peter F. Midgley)
Update of Riverside Library
Mr. Lemont reports on the status of the Riverside Library. He states that an RFP went out for proposals, which will be coming back to the Council. Mr. Midgley states that he hopes to have a Community Room for the Riverside area.
Discussion is held regarding using the Self Help Building, where the library is currently housed. Mr. Lemont says the building has a lot of problems, and Self Help has expressed interest in the entire building.
Mr. Miranda says the intent of taking down the Water Tower in Riverside was to put in a new library at the site. He says that piece of property was earmarked for that purpose, and believes the City should proceed.
Unanimous Consent - Mr. Midgley
Mr. Midgley speaks about D-Day and thanks all that participated for the contribution they made to the Country.
RESOLUTION REQUESTING LEGISLATION PROVIDING FOR APPOINTMENT OF RESIDENTS OF PUBLIC HOUSING AS COMMISSIONERS OF THE HOUSING AUTHORITY RESOLUTION NO. 35
On motion of Mr. Miranda, seconded by Mr. Grant, and on a roll call vote, it is unanimously VOTED to adopt the Resolution.
(If given first passage, can be referred to the next regular Council meeting to be held on June 20, 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:
CAROUSEL DRIVE (northbound) at its easterly intersection with Crescent View Ave.
CAROUSEL DRIVE (northbound) at its westerly intersection with Crescent View Ave.
(Requested by the Director of Public Works)
On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously VOTED to approve for First Passage.
(By Councilman Patrick A. Rogers)
Zoning Board of Review - Ward 1
Patrick Caine - 4 Drowne Parkway 02916
On motion of Mr. Miranda, seconded by Mr. Midgley, it is unanimously VOTED to approve.
(By Councilman Norman J. Miranda)
Traffic Control - Paul Amaral - 79 Charity Street 02914
On motion of Mr. Miranda, seconded by Mr. Midgley, it is unanimously VOTED to approve.
On motion by Mr. Midgley, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to return the Claims Committee Meeting.
The meeting recesses at 10:30 P.M. and returns to Claims Committee.
The meeting reconvenes at 10:56 P.M. with all Council members present.
Mr. Conley reports on the matters of FDIC and Fleet v. City of East Providence, which are tax appeals 91 through 98 - Referred to Law Department
There being no further business, the meeting adjourns at 10:58 P.M.
Attest:
Valerie A. Perry, CMC
City Clerk Approved: June 20, 2000