CITY OF EAST PROVIDENCERHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING |
The City Council meets in the Council Chamber on Tuesday, May 1, 2001 and is called to order at 7:40 p.m. by Mayor Joseph S. Larisa. Jr.
Present: Mayor Joseph S. Larisa, Jr. )
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
Absent: Rolland R. Grant ) Council Member
The Invocation is led by Mr. Miranda. The Salute to the Flag is led by Mayor Larisa.
1. Approval of Council Journals
Regular Meeting - April 17, 2001
2. Town of East Greenwich - Resolution to increase state aid to education and to more equitably distribute the costs of mandated special education.
3. Coastal Resources Management Council - FINDING OF NO SIGNIFICANT IMPACT - File No. 01-03-48 - Reshingle roof and install seven replacement windows - 51 Bluff Street - Plat 212-1-10 (Joseph & Margaret Rachette)
4. Coastal Resources Management Council - FINDING OF NO SIGNIFICANT IMPACT - File No. 01-04-26 - C/M a 8'x10' deck on second and third floor of dwelling located at 13 Harding Avenue, Plat 313 Lot 14 (Michael Westenhoefer)
5. Coastal Resources Management Council - FINDING OF NO SIGNIFICANT IMPACT - File No. 01-093-43 - C/M an open deck 10'x23' with stairs located at
38 Beach Point Rd., Martha Pezzullo)
6. Coastal Resources Management Council - RESIDENTIAL ASSENT - File # 00-11-8 Construct residential boating facility consisting of 4'x90' fixed timber pier; ramp, and 10'x15' float, located at 62 Riverside Drive, Plat 414, Lot 9 (Stephen R. Allen)
On motion of Mr. Miranda, seconded by Mr. Midgley, and on a roll call vote, it is unanimously voted to approve the Consent Calendar.
On motion of Mr. Miranda, seconded by Mr. Midgley, it is unanimously voted to change the order of business to put the items under "Communications" next on the agenda.
1. Robert Johnson, 27 Upyonda Way, East Providence, Rhode Island is present and sworn and requests permission to hold annual Block Party.
On motion of Mr. Rogers, seconded by Mr. Midgley, the request is unanimously approved.
2. Frederick A. Vinhateiro, 3730 Pawtucket Avenue, requesting to block off a portion of Pawtucket Avenue for Car Show - Sunday, May 27, 2001.
The City Clerk notes that Mr. Vinhateiro called to say he would not be able to attend the meeting.
On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously voted to defer to the next Council meeting.
3. Helio Melo, Chairman of the East Providence School Committee, addresses the Council regarding School Resource Officers. He says that he speaks as a parent and not as Chairman of the School Committee. He goes on to say that several people are present who support the program, including the President of the Student Council and President of the Teachers' Association, who would like to speak, with the consent of the Council.
Mayor Larisa states that no issue can be voted on under "Communications" without the unanimous consent of the Council. He asks Mr. Melo if he is asking the Council to reconsider the vote taken earlier in the year to deny, and Mr. Melo replies that he is. Mayor Larisa asks for Council comments.
Mr. Rogers says he would like to hear comments from the people who would like to speak, and Mr. Miranda agrees. Mr. Midgley says "Nay." Unanimous Consent to have people speak is denied. Mr. Rogers asks Mr. Melo to paraphrase what the speakers would say.
Responding to questions from the Council, Mr. Melo states that the teachers did not take a formal position on the issue, and he says there were some people with reservations about the program.
Mr. Miranda says he is in favor of the program and will vote to give unanimous consent. The remaining Council members say they will not give unanimous consent. Mr. Rogers states that he does not see a strong parent/teacher/student support. He says he is not willing to support a program without that input.
Police Chief Gary Dias, at the request of Mr. Miranda, answers questions from the Council and states that there are no police officers in schools every day.
Mr. Midgley speaks on the issue. He states that he respects the position of people who believe in this program, but he thinks this is a gross infringement of the rights of people. He goes on to say that putting police in schools is not the answer for children who do not get the basic foundation at home.
On motion of Mr. Rogers, seconded by Mr. Midgley, it is unanimously voted to return to the regular order of business.
Sunday/Holiday Sales -
1. Arlene M. Aronson, dba Willett Avenue Florist - 198 Willett Avenue, East Providence, RI
The applicant is present and sworn.
On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously voted to approve, subject to approvals from the Police Chief and Building Inspector
2. Sunday/Holiday Sales - Transfer
From: Frank J. McCabe, dba McCabes Mobil
To: Adriance Group, Inc., dba East Providence on the Run - 900 Wampanoag Trail
Subject to approvals from Chief of Police, Building Inspector, Health Inspector
The applicant is not present.
On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously voted to defer.
3. Carnival - Looff Carousel - May 11, 12, 13, 2001
Carousel Park Commission - 145 Taunton Avenue
Mr. Lemont speaks on behalf of the Carousel Park Commission.
On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously voted to approve,
Subject to approvals from the Chief of Police and Building Inspector.
4. Carnival - 51 North Phillips Street - June 1, 2, 3, 2001
Holy Ghost Beneficial Brotherhood - 51 North Phillips Street
David DaSilva, 46 Riley Drive, East Providence, 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 Chief of Police and Building Inspector.
5. Peddler (Flowers)
Loriann Bose, 162 Park Avenue, Warwick, Rhode Island
The applicant is present and sworn.
On motion of Mr. Midgley, seconded by Mr. Rogers, it is unanimously voted to approve, subject to approval from the Chief of Police
6. Peddler (Ice Cream)
Walter Gutierrez, dba Palagi's Ice Cream, 55 Bacon Street, Pawtucket, RI
The applicant is present and sworn.
On motion of Mr. Midgley, seconded by Mr. Rogers, it is voted 3-0 to approve, subject to approval from the Chief of Police. It is noted that Mr. Miranda is absent for the vote.
7. Peddler/Hawker
Michael J. Solitro, Jr., dba Solitro's, 298 Williams Street, Providence, RI
Subject to approval from Chief of Police
The applicant is not present.
On motion of Mr. Midgley, seconded by Mr. Rogers, it is voted to 3-0 to defer. It is noted that Mr. Miranda is absent for the vote.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
(Given first passage April 17, 2001)
Advertised - Providence Journal - April 20, 2001
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." CHAPTER NO. 158
(Requested by Mayor Larisa)
On motion of Mr. Midgley, seconded by Mr. Rogers, and on a roll call vote, it is voted 3-0 to adopt the ordinance for Final Passage. It is noted that Mr. Miranda is absent for the vote.
2001-2002 CDBG Planning Process: Presentation of proposed projects by applicants for funding
Nancy Remington, Community Development Coordinator, addresses the Council and states that 38 applications have been received, totaling $1.3 million. She says the 2001-2003 CDBG grant is $926,000, of which $290,000 is committed towards the cost of the East Providence Senior Center.
The Council calls for a five minute recess to allow Ms. Remington to make copies of the list for the Council. The meeting recesses at 8:35 p.m. and reconvenes at 8:40 p.m.
The following speakers are sworn in and speak on their requests:
Bonnie Flanagan, New Horizons Drop In Center, East Bay Mental Health Ctr, Inc.
Cheryl Patnaude - Sexual Assault & Trauma Resource Center
Officer Mark Norton - East Prov. Police Dept. - Kids and Cops Summer Camp/Are you OKAY
Audrey Field, RSVP, Self Help, Inc.
Karen Marsh, Employment Training Program Self Help, Inc
Bob Germani, Senior Employment Program, Self Help, Inc.
Mary Sherlock, East Bay Mental Health Center
Anne Rule and Damon ? - Blackstone Valley Chapter Rhode Island Arc
Donna Cone and Cynthia Braz, N.E. Gerontology Academy
Richard Smith, Big Brothers of Rhode Island
Peter Marshall, East Providence Community Center
Susan Meyer, and Rebecca Raposa - Boys and Girls Club of E.P.
Kathleen Brady - United Methodist Retirement Center
Steve Hugg, Family Service, Inc
Maryann Matthews, D.I.C.E.
Paul Lemont speaks on behalf of the Carousel Park Commission
Mr. Rogers requests information for the next Council meeting on previously proposed CDBG spending for the traffic light at Rosemere Drive, and on funding for playgrounds and tree planting.
City Manager's Report
Mr. Lemont reports on the REAP program, and informs the Council that a second check in the amount of $35,683.41 has been received. He says that had the City stayed with Narragansett Electric, the bill would have been $95,128 for the two months, but because of the program, there was substantial savings.
(By William J. Conley, Jr., City Solicitor)
Claims and Litigation Committee Report
§ Elaine Habib, Claim No. 01-34 Denied
§ Manuel Pereira, Jr., Claim No. 01-35 Denied
§ Jody Venditelli, Claim No,. 01-38 Denied
§ Jimarl Tunstall, Claim No. 01-41 Referred to Law Department
§ Francis Shanley II, Claim No. 01-37 Referred to Law Department
§ Frank N. Reis, Jr., Claim No. 01-39 Referred to Law Department
§ Gail Regine, Claim No. 01-27 Referred to Law Department
§ James Schenck, Claim No. 01-32 Denied
Pending Litigation -
§ Agawam Hunt Golf Club vs. City of East Prov.
§ Wannamoisett Country Club vs. City of East Prov Referred to Law Department
On motion of Mr. Midgley, seconded by Mr. Rogers, and on a roll call vote, it is unanimously voted to accept the report.
(By Mayor Joseph S. Larisa, Jr.)
An Ordinance to establish a Redevelopment Agency
Mr. Conley states the following: 1) The first step is for the City Council to determine the need for a Redevelopment Agency by Resolution, which has been done: 2) A Redevelopment Plan, must be presented to the City Council for a public hearing. If the plan is approved, then 3) the adoption of an ordinance to create the agency.
Mr. Lemont says he can't see the plan being developed before the summer, that it has to be fairly detailed. Mr. Conley says that the plan requires that all details regarding zoning and land use regulations be in place before the ordinance to adopt the agency.
Mayor Larisa says that seven applications have come in so far for the Redevelopment Agency, which will consist of five individuals chosen by the Mayor with the approval of the Council. He says his goal is to get every member approved unanimously by the Council. He says that he would like to see each Council member with a name that all other Council members are comfortable with, not broken down by ward. It is suggested that a Press Release go out to get high caliber people on the commission.
(By Councilman Rolland R. Grant)
Yard Waste
On motion of Mr. Miranda, seconded by Mr. Rogers, it is unanimously voted to defer.
RESOLUTION REQUESTING LEGISLATION PROVIDING FOR THE APPOINTMENT OF MEMBERSHIP TO MUNICIPAL REDEVELOPMENT AGENCIES BY CITY AND TOWN COUNCILS
(Requested by Councilman Rolland R. Grant)
On motion of Mr. Miranda, seconded by Mr. Rogers, it is unanimously voted to Table.
(If given first passage, can be referred to the next regular Council meeting to be held on May 15, 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 Subsection 18-315 entitled "Reserved parking designated--Handicapped parking." by adding thereto the following:
FIFTH STREET, (east side) from a point 35 feet south of the Warren Avenue intersection southerly for a distance of 20 feet.
(Requested by Director of Public Works)
On motion of Mr. Miranda, seconded by Mr. Midgley, it is unanimously voted to approve for First Passage.
2. AN ORDINANCE APPROPRIATING $3,000,000 TO FINANCE THE PLANNING, CONSTRUCTION AND RECONSTRUCTION OF STREETS AND/OR SIDEWALKS WITHIN THE CITY AND AUTHORIZING $3,000,000 BONDS TO FINANCE SAME
On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously voted to approve for First Passage.
3. AN ORDINANCE APPROPRIATING $1,205,000 TO FINANCE THE CONSTRUCTION AND INSTALLATION OF SANITARY SEWERS AND CONNECTOR UTILITIES AND AUTHORIZING $1,205,000 BONDS TO FINANCE SAME.
On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously voted to approve for First Passage.
4. AN ORDINANCE APPROPRIATING $925,000 TO FINANCE THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF A RECREATION CENTER, ATHLETIC FIELDS AND OTHER RECREATIONAL FACILITIES IN THE CITY AND THE DEVELOPMENT OF PLANS WITH RESPECT TO THE ACQUISITION AND DEVELOPMENT AND/OR RELOCATION OF RECREATION, LIBRARY AND OTHER SITES AND AUTHORIZING $925,000 BONDS TO FINANCE SAME.
On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously voted to approve for First Passage
5. 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:
WILSON AVENUE (southbound traffic) at Hammond Street.
WILSON AVENUE (northbound traffic) at Holbrook Avenue
HOLBROOK AVENUE (eastbound traffic) at Wilson Avenue.
SELDON STREET (westbound traffic) at Wilson Avenue.
WOODBINE STREET( westbound traffic) at Meadowcrest Drive.
(Requested by Director of Public Works)
Councilman Rogers asks that the ordinance be deferred. Councilman Midgley asks that Woodbine Street be voted on. Mayor Larisa asks the Public Works Director to do individual ordinances for stop signs for individual streets in the future.
On motion of Mr. Miranda, seconded by Mr. Midgley, it is unanimously voted to strike all but Woodbine Street and approve as amended for First Passage.
The following ordinance establishes the term of office for the Harbormaster and Assistants to run concurrent with that of the Council.
6. 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 three candidates for the position of assistant harbormaster. Candidates for assistant will be appointed by and serve at the pleasure of the city council in accordance with Sec. 13-84 of this article.
(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. Only two of the three assistant harbormasters shall receive compensation.
(Requested by Councilman Peter F. Midgley)
On motion of Mr. Miranda, seconded by Mr. Midgley, it is unanimously voted to dispense with the reading of the ordinance.
Mr. Conley states that the ordinance was amended to provide for three assistant harbormasters.
On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously voted to approve for First Passage.
(By Mayor Joseph S. Larisa)
Mayor Larisa receives Unanimous Consent to reappoint Elizabeth Pegg, 74 Sweetbriar Avenue (02914) to the Economic Development Commission. On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously voted to approve.
Tree Warden
Robert Flint 114 Oak Crest Drive (02915)
On motion of Mr. Miranda, seconded by Mr. Midgley, it is unanimously voted to approve.
There being no further business, the meeting adjourns at 9:52 p.m.
Attest:
Valerie A. Perry, CMC
City Clerk Approved: May 15, 2001