| CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING |
The City Council meets in the Council Chamber on Tuesday, April 17, 2001 and is called to order at 7:35 p.m. by Mayor Joseph S. Larisa. Jr.
Present: Mayor Joseph S. Larisa, Jr. )
Rolland R. Grant ) Council Members
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 Mayor Larisa. The Salute to the Flag is led by Mr. Rogers.
1. Approval of Council Journals
Regular Meeting - April 3, 2001
2. Alcoholic Beverage License - Class F - June 22, 23, 24, 2001
Holy Ghost Brotherhood St. Peter Micaelence, 51 North Phillips Street
3. Alcoholic Beverage License - Class B FP Transfer (Permission to Advertise)
From SDJ Restaurant, Inc., dba B&B Sports Tavern
To Rodrigues Restaurant, Inc., dba B&B Sport Tavern - 281 Massasoit Avenue
4. Coastal Resources Management Council - Amended April 2001 Calendar
5. State of Rhode Island House Resolution - Commemorating the Greatest Tragedy in Irish History, the Great Irish Famine
On motion of Mr. Miranda, seconded by Mr. Rogers, the Consent Calendar item No. 3 - Alcoholic Beverage License Transfer (Permission to Advertise) for B&B Sports Tavern, is removed from the Consent Calendar. Mr. Miranda states that the present owner will be out of the Country on the scheduled hearing date, and asks that a special meeting be scheduled.
On motion of Mr. Grant, seconded by Mr. Miranda, and on a unanimous roll call vote, the Consent Calendar is approved as amended.
ORDINANCES - FINAL PASSAGE (Given first passage April 3, 2001)
Advertised - Providence Journal - April 6, 2001
1. The following ordinance establishes a time of no earlier than 3:00 p.m. of the day prior to the regularly scheduled or special collection of rubbish and recycling, as the time to place and remove rubbish, (except white goods), recycling material and yard waste for collection, and establishes a $5.00 penalty for violations of these articles.
AN ORDINANCE IN AMENDMENT OF CHAPTER 6 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "GARBAGE AND REFUSE.", which amends Article III entitled "Rubbish" by adding thereto the following:
Sec. 6-37.1 Time to Place Rubbish for Collection; Duty to Remove after Collection.
No placing or causing to be placed household rubbish, or other litter in receptacles or otherwise on the street, sidewalk, alley or public place for the purpose of having the same collected at a regularly scheduled or special collection shall do so before 3:00 PM of the day prior to such scheduled collection, nor shall such person allow such material or receptacles thereof to remain upon such street, sidewalk, alley or public place after the end of the day of such scheduled collection.
Sec. 6-37.2 Violation of article; penalty.
(a) Any person who violates this article, who shall fail, neglect or refuses to comply with the provisions of this article shall be issued a warning notice by Public Works Director or his/her duly authorized agent. Any person who violates this article, who shall fail, neglect or refuse to comply with the provisions of this article after such warning notice shall be punished by a fine of $5.00. Each day such violation of this article shall continue shall constitute a separate offense.
(b) In addition to the penalty hereinabove provided any condition caused or permitted to exist in violation of this article shall be deemed a public nuisance and may be, by the city, abated as provided by law, and each day that such condition continues shall be regarded as a new and separate offense.
SECTION II. Article IV entitled "Recyclables" of Chapter 6 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled "Garbage and Refuse" is amended by adding thereto the following:
Sec. 6-44 Time to Place Recycling Material for Collection; Duty to Remove after Collection.
No placing or causing to be placed recyclables in receptacles or otherwise on the street, sidewalk, alley or public place for the purpose of having the same collected at a regularly scheduled or special collection shall do so before 3:00 PM of the day prior to such scheduled collection, nor shall such person allow such material or receptacles thereof to remain upon such street, sidewalk, alley or public place after the end of the day of such scheduled collection.
(b) Any person who has placed so-called white goods or appliances on the street, sidewalk or alley or public place for the purpose of having the same collected pursuant to permission granted by the Public Works Department, shall be excused from the time restrictions established herein.
SECTION III. Sec. 6-43 entitled "Violation of article; penalty." of Article IV entitled "Recyclables" of Chapter 6 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled "Garbage and Refuse" is amended to read as follows:
(a) Any person who violates this article, who shall fail, neglect or refuses to comply with the provisions of this article shall be issued a warning notice by Public Works Director or his/her duly authorized agent. Any person who violates this article, who shall fail, neglect or refuse to comply with the provisions of this article after such warning notice shall be punished by a fine of $5.00. Each day such violation of this article shall continue shall constitute a separate offense.
(b) In addition to the penalty hereinabove provided any condition caused or permitted to exist in violation of this article shall be deemed a public nuisance and may be, by the city, abated as provided by law, and each day that such condition continues shall be regarded as a new and separate offense.
SECTION IV. Sec. 6-53 entitled "Violation of article; penalty." of Article IV entitled "Recyclables" of Chapter 6 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled "Garbage and Refuse" is amended to read as follows:
(a) Any person who violates this article, who shall fail, neglect or refuses to comply with the provisions of this article shall be issued a warning notice by Public Works Director or his/her duly authorized agent. Any person who violates this article, who shall fail, neglect or refuse to comply with the provisions of this article after such warning notice shall be punished by a fine of $5.00. Each day such violation of this article shall continue shall constitute a separate offense.
(b) In addition to the penalty hereinabove provided any condition caused or permitted to exist in violation of this article shall be deemed a public nuisance and may be, by the city, abated as provided by law, and each day that such condition continues shall be regarded as a new and separate offense.
(Requested by Councilman Rogers) CHAPTER NO. 156
The following are present and sworn and speak on the ordinance:
Barbara Connors, 65 Barney Street, East Providence, Rhode Island.
Harold Gerstein, 12 Rhodes Avenue, East Providence, Rhode Island.
John Paiva, 250 Mercer Street, East Providence, Rhode Island.
John F. Conley, 115 Smith Street, East Providence, Rhode Island
Carleton Bulley, 40 Irving Avenue, East Providence, Rhode Island
Mayor Larisa states that he is in favor of the ordinance, but does not agree with the 3:00 P.M. time limit. He believes that anytime the day prior to pickup should be sufficient. He states that if anyone is fined for putting out their rubbish at 2:00 p.m. instead of 3:00 p.m., they should call the Mayor, because he doesn't think it is fair and he will seek to have that requirement repealed. He also states that the fine will be $5.00 per day for each day of the violation.
Motion to approve is made by Mr. Rogers, seconded by Mr. Midgley. Roll call vote:
Mr. Grant Nay
Mr. Midgley Aye
Mr. Miranda Aye
Mr. Rogers Aye
Mayor Larisa Aye
The motion passes 4-1.
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 Subsection 18-315 entitled "Reserved parking designated--Handicapped parking." is amended by adding thereto the following: RUSSELL AVENUE, (north side) in front of house number 58, from a point 210 feet west of the John Street intersection, westerly for a distance of 20 feet..
(Requested by the Director of Public Works) CHAPTER NO. 157
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 the ordinance for Final Passage.
. CITY MANAGER
1. Recreation/Parks Director, Joseph Crook, introduces consultants from Edwards and Kelcey, who give a presentation on the proposed multi-purpose Recreation Center.
Mayor Larisa asks the consultant to find out why the Wheeler School was able to build a Field House for $3.5 million. He also asks if the majority of the respondents to the survey were in favor of a multi-purpose recreation center. The Consultants answer that there were a handful of the 500 respondents who were not in favor, but the majority were, and many were in favor of at least a $1 million bond issue, with the majority in favor of a $3 million bond.
Mayor Larisa says the great bulk of the multi-purpose center seems to be kid related and asks why this isn't a school project. He says that if it were a school related project, the State would pay 40% of the cost. He says the possibility should be investigated vigorously. He also asks for a report on funding sources and what the annual operating costs will be.
It is noted that Mr. Miranda received a number of calls from concerned neighbors on Mercer Street, and a petition with several signatures of neighbors is presented to the Council. On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously voted to accept the petitions as information.
Further discussion follows, and Mayor Larisa states that there will be the opportunity for public hearings before any decisions are made.
2. Requesting pre-qualification approval of general contractors for Road Improvements-Phase III Bond Issue
On motion of Mr. Miranda, seconded by Mr. Grant, and on a roll call vote, it is unanimously voted to approve.
3. Requesting pre-qualification approval of general contractors for Construction of New Fire Station
On motion of Mr. Grant, seconded by Mr. Rogers, and on a roll call vote, it is unanimously voted to approve.
4. 2001-2002 CDBG Applications Received for Funding
Nancy Remington, Community Development Director, states that 38 applications have been received, for a total of $1,334,486. Discussion is held on the proposed Riverside Library and whether it is in a CDBG area. Ms. Remington states that while the proposed site is a CDBG area, the library itself will service people from all over, and HUD is very strict in their regulations.
On motion of Mr. Miranda, seconded by Mr. Grant, and on a roll call vote, it is unanimously voted to receive as information.
5. City Manager's Report
to the Senior Center. He says it was the East Providence Lions that made the donation, not the Rumford Lions.
REPORTS OF OTHER CITY OFFICIALS
(By William J. Conley, Jr., City Solicitor)
Claims and Litigation Committee Report
Approved Settlement Proposal
Vs. City of East Providence Referred to Law Department
Hasbro vs. City of East Providence
On motion of Mr. Grant, seconded by Mr. Miranda, and on a roll call vote, it is unanimously voted to approve.
COUNCIL MEMBERS
(By Mayor Joseph S. Larisa, Jr.)
Vote on and Approval of New School Maintenance Building at Commercial Way
Mayor Larisa states that the State Department of Education has denied funding for a new maintenance facility at Commercial Way. He says the Council agreed to pay the cost if funding was not received. He goes on to say that it is a win/win situation for all parties. It will bring a great deal of economic development to the City, and it will provide the School Department with a brand new facility. The final design is to be approved by the School Committee. Mr. Lemont will meet with Dr. Herbowy next week to start the preliminaries.
On motion of Mr. Grant, seconded by Mr. Midgley, and on a roll call vote, it is unanimously voted to approve.
(By Councilman Peter F. Midgley)
Assistant Harbormaster Paul Williams - Job Performance Review
Mr. Midgley asks the City Solicitor to explains why this was put on the docket and why it is necessary. Mr. Conley explains that the Open Meeting Statute 46-5 (a) 1 regarding the job performance of an employee, requires a notice in writing to the employee advising the individual that discussion may be held in open meeting. He says before discussion is held, the person involved should be asked if he wishes the meeting be held in open session. He also says that even if the meeting is an open meeting, it does not mean that it is a public meeting, and there will be no public comment.
On motion of Mr. Midgley, seconded by Mr. Grant, it is unanimously voted to make the City Clerk's letter of April 9, 2001 to Mr. Williams part of the record.
Paul Williams, 114 Catalpa Avenue, Riverside, Rhode Island is present and sworn. He states that he wishes to have the job performance review held in open session.
Mr. Midgley speaks. He states that over the past two years, there have been numerous complaints about Mr. Williams' job performance, in the form of letters, phone calls, bumping into people on the street, .....and a total dissatisfaction with the way he has conducted himself. The letters state for themselves Mr. Williams has been spoken to about it before and it doesn't seem to have an affect. He says that in review of the job performance, he is going to recommend termination of employment with the City. He says he is tired of the complaints and letters and it is time to move on, and it will be his recommendation tonight that he be removed from office as Assistant Harbormaster.
Mayor Larisa asks the Council to agree to enter the following documents into the record:
1. April 17, 2001 - Letter from Capt. E. Howard McVay to Councilman Midgley
2. April 6, 2001 - Letter from Ron Mathers, Harbormaster to Paul Lemont
3. March 29, 2001 - Letter from Ron Mathers, Harbormaster, to Paul Lemont
4. Letter from David Murray, Secretary E.P. Harbor Commission
5. July 18, 2000 - Letter from Kennard G. Gregory, Bullock Cove Marine, to Peter Midgley
6. August 9, 2000 - Letter from Fred Bieberbach, Jr. to Ron Mathers
7. September 7, 2000 - Letter from Stephen Allen to Ron Mathers
8. September 10, 2000 - Letter from Fred Bieberbach, Jr. to Ron Mathers
9. September 11, 2000 - Letter from Barry Rideout to Ron Maters
10. April 17, 2001 - Letter from Caroline Allen to Mayor Larisa
On motion of Mr. Midgley, seconded by Mr. Grant, it is unanimously voted to make the letters part of the record.
Paul Williams reads a statement to the Council, listing his accomplishments as Assistant Harbormaster.
On motion of Mr. Midgley, seconded by Mr. Grant, and on a roll call vote, it is unanimously voted to terminate the employment of Mr. Williams as Assistant Harbormaster for the City of East Providence and to require Mr. Williams to turn in all material by 5:00 p.m. tomorrow.
(By Councilman Patrick A. Rogers)
1. Councilman Rogers and Zac Gordon of the Planning Department give a presentation regarding a proposed park on the corner of Center Street and North Broadway on land donated to the City by Joseph Swift. Mr. Rogers says they will be looking at funding from the State and from the Champlin Foundation.
At the request of Mr. Rogers, a motion is made by Mr. Grant, seconded by Mr. Miranda, and unanimously voted to change the order of business to hear the docketed items under Communications at this time.
Barbara Pagano, Wilson Avenue, East Providence, Rhode Island addresses the Council regarding traffic problems on Wilson Avenue. She speaks about the volume of traffic and says it has increased significantly. She offers suggestions to alleviate the problem. Mayor Larisa says the best way to take care of traffic problems is for the police department to be more aggressive in enforcing the speeding laws.
(By Councilman Rolland R. Grant)
Mr. Grant speaks about a drainage problem on Merritt Road and asks the Council to instruct the City Manager to clean the mess out. Mr. Lemont responds that the problem has been taken care of several times, and it is due to heavy rainfalls. Steve Coutu, Acting Director of Public Works, states that it has been cleaned often. After discussion, it is decided that Mr. Grant will meet Mr. Coutu at the site tomorrow to try and determine what can be done to take care of the problem.
Mr. Grant asks about the street sweeping program and suggests that the residents be notified when their streets are due to be swept. Mr. Coutu will place ads in the East Providence Post to notify residents of the schedule.
(By Councilman Norman J. Miranda)
Update on Rosegarden Soccer Field
Mr. Miranda asks Mr. Crook for an update on the Rosegarden Soccer Field. Mr. Crook responds that he had a turf specialist look at it and was told that there is not enough top soil and there is a drainage problem. He says it should be ready by Fall. Mr. Miranda replies that he wants an update of what happened and who is responsible for the mistakes.
Discussion is held on when the soccer field was supposed to have been ready. Mayor Larisa states that he is sure it was supposed to be ready now. Mr. Lemont says that the field was constructed to be used this Fall, not a day sooner.
Steve Coutu says it was his understanding that the sod would need a full year to be set and the field would not be ready until this Fall. Mayor Larisa asks for the record, saying he has a different recollection of when that field was to be opened.
Unanimous Consent - Councilman Miranda
Mr. Miranda asks for Council Consent to set the date and time for the special meeting for the hearing on the Alcoholic Beverage License Transfer of the B&B.
On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously voted to schedule the meeting for Thursday, May 4, 2001 at 5:30 p.m.
–(If given first passage, can be referred to the next regular Council meeting to be held on May 1, 2001 for a public hearing and consideration of final passage)
The following ordinance repeals the requirement of a $15.00 permit for the installation and construction of asphalt driveways or parking lots.
1. AN ORDINANCE IN AMENDMENT OF CHAPTER 4 OF THE REVISED ORDINANCE OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "BUILDINGS AND BUILDING REGULATIONS.", which repeals Section 4-20 entitled "Asphalt contractors."
(Requested by Mayor Larisa)
Mr. Conley states that one person applied for the permit since the ordinance was enacted.
On motion of Mr. Midgley, seconded by Mr. Rogers, and on a 4-1 vote, the ordinance is given First Passage. It is noted for the record that Mr. Grant voted against.
The following ordinance establishes the term of office for the Harbormaster and Assistants to run concurrent with that of the Council.
2. AN ORDINANCE IN AMENDMENT OF CHAPTER 13 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "PUBLIC PLACES.", which amends Sec. 13-83 entitled "Appointment; duties and responsibilities." and Sec. 13-84 entitled "Assistant harbormasters." to read as follows:
Sec. 13-83. Appointment; duties and responsibilities.
There shall be a harbormaster for the city. The harbormaster will be appointed by the city council at the recommendation of the harbor management commission for a term of office concurrent with that of the council and until his/her successor is appointed and qualified . In accordance with section 13-8 of the Charter the harbormaster shall devote sufficient time to the position of harbormaster as shall be required to perform the duties of the harbormaster as provided for in this section. The harbormaster shall report to the city manager and have the following duties:
(1) Be responsible for the administration and enforcement of the provisions of the harbor management plan and its ordinances.
(2) Process applications for the issuance of mooring permits and assign proper placements of moorings in accordance with this chapter.
(3) Keep proper records of all mooring application information, including the locations of moorings, mooring owners and vessel usage of mooring, type of vessels using mooring, etc. These records shall be available for public review at the city clerk's office.
(4) Prepare, keep current, and make available a waiting list for mooring permits in accordance with the provisions of this chapter if the demand for available mooring permits is greater than the number of available mooring locations in any given year. The waiting list shall be available for public review at the city clerk's office.
(5) Inspect mooring tackle in accordance with the provisions of this chapter.
(6) Assist in the preparation of grant applications as they pertain to waterways and harbors within the city with the approval of the harbor management commission.
(7) The harbor management commission recommend rules and regulations for approval by the city council.
(8) Recommend two candidates for the position of assistant harbormaster. Candidates for assistant will be appointed by and serve at the pleasure of the city council.
(9) Coordinate, maintain, and repair of the patrol boat and other departmental equipment.
(10) Prepare and implement an operational budget subject to the approval of the city council.
(11) Interface with city departments, committees, and commissions as necessary relating to harbors and waterways under the jurisdiction of the harbormaster.
(12) Coordinate and/or conduct a minimum of one coast guard approved boating safety class per year.
(13) Conduct a minimum of one safe boating seminar at each junior and senior high school in the city.
(14) With the harbor management commission conduct two public hearings per year for the purpose of soliciting public comments regarding all elements of the harbor plan. The dates and times for such hearings are to be determined by the harbormaster and harbor management commission.
(15) Act as a liaison with other harbormasters in an effort to modify and improve the existing harbor plan.
(16) Carry out all other powers and duties authorized to the harbormaster under various state and federal marine laws, including, but not limited to, Marine Sanitation Device (MSD) inspection and discharge responsibilities afforded through the U.S. Coast Guard, MARPOL ANNEX V, Section 312 of the Clean Water Act, G.L. 1956, § 46-22-1 et seq.
(17) The harbormaster and his assistant shall be required to receive training in harbormaster management techniques such as those offered by the University of Rhode Island Sea Grant Program harbormaster training classes. Completion of this course shall be a prerequisite to appointment as a harbormaster or assistant harbormaster.
Sec. 13-84. Assistant harbormasters.
There shall be three assistant harbormasters who shall be appointed by the city council for a term of office concurrent with that of the council and until his/her successor is appointed and qualified and shall report directly to the harbormaster and are empowered with the same duties as the harbormaster, under the direction of the harbormaster.
SECTION II. This ordinance shall take effect upon its second passage and all ordinances or parts of ordinances inconsistent herewith are hereby repealed.
(Requested by Councilman Midgley)
On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously voted to dispense with the reading of the ordinance.
On motion of Mr. Midgley, seconded by Mr. Grant, it is unanimously voted to approve for First Passage.
(By Mayor Joseph S. Larisa, Jr.)
Planning Board - (At-Large)
Michael P. Robinson 15 Belmont Street 02914
On motion of Mr. Miranda, seconded by Mr. Rogers, it is unanimously voted to approve. The City Clerk is instructed to send a letter to Bruce DiTraglia, thanking him for his years of service.
(By Councilman Rolland R. Grant)
Traffic Control
Arthur W. Chase 20 Church Street 02914
On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously voted to approve.
There being no further business, the meeting adjourns at 10:11 p.m.
Attest:
Valerie A. Perry, CMC
City Clerk Approved: _______________________