CITY OF EAST PROVIDENCE

RHODE ISLAND

JOURNAL OF REGULAR COUNCIL MEETING

JUNE 5, 2001

The City Council meets in the Council Chamber on Tuesday, June 5, 2001 and is called to order at 7:40 p.m. by Mayor Joseph S. Larisa. Jr.

Present:            Mayor Joseph S. Larisa, Jr.      )

Rolland R. Grant                       )

Peter F. Midgley                       ) Council Members

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 Mr. Miranda. The Salute to the Flag is led by Mr. Grant

CONSENT CALENDAR

1. Approval of Council Journals

Regular Meeting - May 15, 2001

2. Alcoholic Beverage License - Transfer of Class from B Limited to B Full Privilege

withdrawn (Permission to Advertise) - Public Hearing to be held June 19, 2001

O'Dinis Restaurant & Tavern - 579 Warren Avenue, East Providence, RI

3. Alcoholic Beverage License - Cl F - June 29, 30, July 1, 2001

Holy Ghost Brotherhood Mariense, 846 Broadway

4. Alcoholic Beverage License - Cl F - June 15, 16, 17, 2001

St. Francis Xavier Church - 81 No. Carpenter Street

5. Coastal Resources Management Council - FINDING OF NO SIGNIFICANT IMPACT - File No. 01-05-78 - Replace existing 8'x19' & 8'x16' deck with a new 8'x13' 2nd story deck located at 189 Terrace Avenue (Cheryl A. Caton)

6. Coastal Resources Management Council - FINDING OF NO SIGNIFICANT IMPACT - File No. 01-05-80 - Replace wooden landing and stairway; add guard railings to existing concrete steps; replace portions of fence in rear yard; install ballast and columns on front porch; replace roof & sheathing where needed - Plat 311-18 Lot 006 (Mrs. Francine Ileka - 19 Jackson Avenue)

7. Coastal Resources Management Council - FINDING OF NO SIGNIFICANT IMPACT - File No. 01-05-12 - Remove and replace front and side doors - plat 313-11, lot 002 - (Elizabeth Anne Needham - 133 Harding Avenue)

8. Coastal Resources Management Council - FINDING OF NO SIGNIFICANT IMPACT - File No. 01-05-004 - C/M a 20'x25' inground pool and cement pad surround in accordance to plans submitted - located at 15 Seaview Avenue - Plat 415/7 Lot 10 (Barbara S. Kourtesis)

9. Coastal Resources Management Council - JUNE 2001 CALENDAR

The City Clerk advises the Council that item #2 under the Consent Calendar has been withdrawn.

On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously voted to approve the Consent Calendar as amended.

PROCLAMATIONS, PRESENTATIONS, INTRODUCTIONS

Mayor Larisa and Detective Commander Captain Roger B. Houle, Jr. present citations to East Providence Police Department personnel, FBI agents, Providence Police officers, and Central Falls police officers for their participation in a Fleet Bank Robbery Investigation.

Citations are presented to the East Providence High School Boys Tennis State Champions.

Senior Citizens' Week - June 4 - 7, 2001

Parks/Recreation Director Joseph Crook accepts the Citation.

CITY COUNCIL SITTING AS LICENSING COMMISSIONERS

LICENSES NOT REQUIRING PUBLIC HEARING

1. Carnival - June 15 - 17, 2001

St. Francis Xavier Church - 81 No. Carpenter Street

Mr. Miranda speaks on behalf of the applicant.

On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously voted to approve, subject to approvals from the police Chief and Building Inspector.

2. Victualing - N/Over 25 - Transfer

From:   Joseph Hoa-Do dba Convenience Store #One

To:       Hien Van Nguyen dba Convenience Store #One - 665 No. Broadway

Hien Van Nguyen, 28 Sunnyside Avenue, Woonsocket, Rhode Island is present and sworn.

On motion of Mr. Grant, seconded by Mr. Rogers, it is unanimously voted to approve, subject to approvals from the Police Chief, Building Inspector, and Health Inspector.

3. Sunday/Holiday Sales - Transfer

From:   Joseph Hoa-Do dba Convenience Store #One

To:       Hien Van Nguyen dba Convenience Store #One - 665 No. Broadway

On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously voted to approve, subject to approvals from the Police Chief, Building Inspector, and Health Inspector.

4. Sunday/Holiday Sales

Dalila Silva, dba Dazzling Beginnings by Delilah - 446 No. Broadway

On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously voted to approve, subject to approvals from Police Chief and Building Inspector.

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL

PUBLIC HEARINGS

ORDINANCES - FINAL PASSAGE

(Given first passage May 15, 2001)

Advertised - Providence Journal - May 18, 2001

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:

WILSON AVENUE (southbound traffic) at Hammond Street for a period of sixty days after final passage.

WILSON AVENUE (northbound traffic) at Holbrook Avenue for a period of sixty days after final passage.

HOLBROOK AVENUE (eastbound traffic) at Wilson Avenue for a period of sixty days after final passage.

SELDON STREET (westbound traffic) at Wilson Avenue for a period of sixty days afer final passage.

(Requested by Director of Public Works)

Barbara Pagano, 240 Wilson Avenue, East Providence, Rhode Island is present and sworn. She thanks the Council and those involved in getting this ordinance passed. Mr. Rogers asks that there be police presence when this ordinance is first enacted, to get people adjusted to the new stop signs.

On motion of Mr. Rogers, seconded by Mr. Grant, and on a roll call vote, it is unanimously voted to approve for Final Passage.

CONTINUED BUSINESS

Award of Contract for Telecommunications Services (Deferred from May 15, 2001)

Mr. Midgley recuses himself from the discussion and vote because of his employment with Verizon.

Mr. Rogers questions the voice mail operation of the City and requests that voice mail be made available at the main number during hours when City Hall is closed.

Motion is made by Mr. Grant, seconded by Mr. Miranda, to award the five year contract to Verizon. A roll call vote is taken on the motion, which passes 4-0. It is noted that Mr. Midgley recused himself from the vote.

NEW BUSINESS

CITY MANAGER

1. Request for approval of emergency access easement at 950 Warren Avenue development.

On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously voted to approve.

2. Requesting pre-qualification approval municipal garage addition

Mr. Miranda recuses himself from the discussion because one of the qualifying companies rents his building.

On motion of Mr. Midgley, seconded by Mr. Rogers, it is voted 4-0 to approve. Mr. Miranda is recorded as being recused from the vote.

3. City Manager's Report

Mr. Lemont announces a new schedule for white goods' collection

Mr. Lemont reports on a recent trip to Washington, D.C. where he and other City officials met with the Congressional Delegation regarding the waterfront development

Mr. Lemont has Fire Chief Bessette report on the rendering for the new Fire Station

REPORTS OF OTHER CITY OFFICIALS

(By William J. Conley, Jr., City Solicitor)

Claims and Litigation Committee Report

§         Cary White, Claim No. 01-40 Denied

§         Raymond Walsh, Jr., Claim No. 01-42 Referred to Law Department

§         Rajni Amin, Claim No. 01-43 Denied

§         Paul Souza, Claim No. 01-44 Denied

§         Joseph McCullough, Claim No. 01-45 Denied

§         Benjamin Hadsell, Jr., Claim No. 01-47 Denied

§         Salvatore & Lucia Fratantaro, Claim No. 01-48 Denied

§         Concerned Boaters v. Town of Jamestown Received as Information

§         Frederick Reilly, Claim No. 01-50 Denied

§         Virginia Newman, Claim No. 01-49 Approved

On motion of Mr. Grant, seconded by Mr. Midgley, and on a roll call vote, it is unanimously voted to accept as presented.

COUNCIL MEMBERS

(By Mayor Joseph S. Larisa, Jr.)

Establishment of Carousel Beach Design Review Commission

Mayor Larisa requests Council approval to establish a 13 member commission. Each Council member will have two appointments, the Mayor will have three, and there will be two members from the Carousel Park Commission.

Mr. Miranda thanks former Mayor George Lamb for his work on the Fire Station Committee.

Mr. Midgley is assured that the Council will have the final approval for all proposals.

On motion of Mr. Rogers, seconded by Mr. Miranda, it is unanimously voted to approve.

(By Councilman Rolland R. Grant)

1. The Proclamation covers look very nice...................................

Mr. Grant speaks about the cost of the proclamation covers and questions where the money came from and says the Council was not informed about the purchase.

Mayor Larisa explains that the funds came from an account which is used to purchase Council stationery, which was not needed this year. He goes on to say that several months were spent trying to find vendors who made these covers. Working with the City Clerk, he was able to get the covers from the same vendor that the State uses, at a much lower cost.

Mr. Grant questions if the item was put out to bid. Mr. Conley responds by saying that this falls under the Small Purchase regulations, which does not require a bid.

Rosegarden Park

Mr. Grant speaks about the neighborhood park and asks the City Manager come back with a report stating what the City intends to do with the park.

(By Councilman Patrick A. Rogers)

1. Trash collection - failure by NEED to comply with the contract with City of East Providence; report by City Solicitor to Council; General Discussion

Recycling Coordinator Steve Mutter reports on what the company has been doing to improve service. He says the complaints are down significantly. Mr. Conley gives specifics of the contract provisions and advises the Council as to what steps can be taken should the company fail to provide services as outlined in the contract.

Mr. Mutter also announces a Recycling Bin Exchange, which residents can exchange old and broken recycling bins for new ones. The exchange will take place at Pierce Field on Saturday, June 9, 2001 from 9:00 A.M. to 1:00 P.M.

Safe Summer Traffic Program - Report and Recommendation from the Police Chief regarding the 2001 Program - Vote on increased enforcement

At the request of Mr. Rogers, Chief Dias reports on the steps that have been taken to reduce speeding in the City. Chief Dias informs the Council that there currently is one officer assigned specifically to traffic detail, and discussion is held regarding increasing the number of officers. Discussion is also held on using funds from the Municipal Court to fund the extra officers. Mr. Grant states that the Court was not supposed to be a revenue enhancer, and Mr. Lemont urges the Council to leave the Court out of it.

Mr. Midgley replies that the objective is to have safe streets and the issue is not a matter of increased revenue, but rather the safety of the residents. Mayor Larisa suggests increasing the number of traffic enforcement officers to 3 from the middle of June through Labor Day.

Motion is made by Mr. Rogers and seconded by Mr. Midgley to increase the number of traffic enforcement police officers to 3.

There being no objection from the Council, John F. Conley, 115 Smith Street, Riverside, Rhode Island, who is on the agenda under "Communications" is allowed to speak at this time. After being sworn in, Mr. Conley states that he is concerned that there will be quotas for the traffic enforcement officers, and that was not the intention of the Municipal Court.

A vote is taken on the motion to have 3 part-time police officers, 5 days per week, for a period from June through Labor Day, for the sole purpose of traffic enforcement in the City of East Providence. The motion passes 5-0.

Unanimous Consent - Mr. Miranda

Mr. Miranda announces the celebration of the Day of Portugal and Flag Day will be held at City Hall on Friday, June 8, 2001 at 11:30 a.m. He states that the public is invited.

Unanimous Consent - Mr. Midgley

Mr. Midgley reminds all that the following day (June 6) is the anniversary of D-Day - the remembrance of the Invasion of Normandy. He asks that we remember those that made the ultimate sacrifice for freedom.

RESOLUTIONS

Resolution in support of the 2001 Comprehensive Economic Development Strategy (CEDS) applications for the Omega Business Technology District and the Bold Point Harbor Redevelopment Area

On motion of Mr. Rogers, seconded by Mr. Midgley, and on a roll call vote, it is voted 4-0 to adopt the resolution. It is noted for the record that Mr. Miranda is absent for the vote.

INTRODUCTION OF ORDINANCES

(If given first passage, can be referred to the next regular Council meeting to be held on June 19, 2001 for a public hearing and consideration of final passage)

1. 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 Article X entitled "Stopping, Standing and Parking.", Subsection 18-315 entitled "Reserved parking designated--Handicapped parking." by adding thereto the following:

NORTH CARPENTER STREET, (west side) in front of house number 48, from a point 84 ft. No. of the Freeborn Ave. intersection northerly for a distance of 20 ft.

(Requested by Director of Public Works)

On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously voted to approve for First Passage.

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: CLEMENCEAU ST (northbound traffic), at Cardona St.

(Requested by Director of Public Works)

On motion of Mr. Miranda, seconded by Mr. Midgley, it is unanimously voted to approve for First Passage.

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. 18-247 entitled "Designation of one-way streets." by adding thereto the following:

CLIFFORD STREET (eastbound) from Bishop Avenue to Pawtucket Avenue during the hours of 8:00 AM to 9:00 AM and 2:00 PM to 3:00 PM, school days.

(Requested by Director of Public Works)

On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously voted to approve for First Passage.

The following ordinances establishes a reserve fund account which will provide funds in the event of an emergency or an unanticipated deficit.

4. AN ORDINANCE IN AMENDMENT OF CHAPTER 2 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED " ADMINISTRATION.", which is amended by adding:

ARTICLE VII. Finance - Sec. 2-282. "Rainy Day" Reserve Fund.

a) There is hereby created within the General Fund a Reserve Fund account. This account may be funded by majority vote of the City Council at such times and from such revenues as the City Council may deem appropriate.

b) Funds in the Reserve Fund account may be appropriated only in the event of an emergency involving the health, safety or welfare of the citizens of the City of East Providence or in the event of an unanticipated deficit in any given fiscal year, such appropriations must be approved by four members of the East Providence City Council.

(Requested by Mayor Joseph S. Larisa, Jr.)

The Council enters into a discussion on the ordinance.

Mr. Grant says he is very much against this fund because this money will probably be taken from another fund created by ordinance. Mayor Larisa explains that the City Council could take money from the Fire Rescue fund if the Council changed the ordinance. He also says that the fund has grown far beyond anyone's anticipation and he proposes to set some of the money aside to set up a Rainy Day Fund, and the rest of the money be used to fund other programs, such as a road program. Mr. Rogers speaks and says he wants to defer the ordinance to the next Council meeting, that the Council speak specifically about the fund and the allocations of that money. Mr. Midgley says he will support the ordinance for first passage. Mr. Miranda also says he would like to get further information before acting on the ordinance.

After further discussion, Mayor Larisa withdraws his ordinance and it will be placed on the next docket.

COMMUNICATIONS

James Raposa, 66 Brightridge Avenue, East Providence, requesting a radar set up on Brightridge Avenue to help reduce speeding vehicles.

Mr. Miranda speaks on behalf of Mr. Raposa and says the Police Department will take care of the problems on the street.

There being no further business, the meeting adjourns at 10:50 p.m.

Attest:

Valerie A. Perry, CMC

City Clerk Approved: June 19, 2001

CITY OF EAST PROVIDENCE
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