| | CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING APRIL 16, 2002 | |
The City Council meets in the Council Chamber on Tuesday, April 16, 2002 and is called to order at 7:07 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 Councilman Grant. The Salute to the Flag is led by Councilman Rogers.
On motion of Councilman Rogers, seconded by Councilman Miranda, it is unanimously voted to change the order of business to hear the Alcoholic Beverage Class F licenses first.
Alcoholic Beverage - Class F-1 - May 17, 18, 19, 2002
Holy Ghost Beneficial Brotherhood - 51 North Phillips Street
Helio Melo, 1187 So. Broadway, East Providence, Rhode Island is present and sworn.
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously voted to approve, subject to approvals of Police Chief, Building Inspector, and Health Inspector.
Alcoholic Beverage - Class F-1 -May 24, 25, 26, 2002
Trinity Brotherhood - 146 Sutton Avenue
Stephen Costa, 36 Willett Avenue, East Providence, Rhode Island is present and sworn.
Mr. Costa states that their Feast happens to fall on Memorial Day weekend, and asks permission to remain open until 12:00 a.m. on that Monday. The Council enters into discussion on the request. Both Councilman Rogers and Councilman Miranda say that the 10:00 P.M. curfew on Sunday should be adhered to, as all other Feasts close at that time on Sundays.
On motion of Councilman Rogers, seconded by Councilman Grant, it is unanimously voted to approve, providing that the Feast be closed at 10:00 P.M. on Sunday, and subject to approvals of Police Chief, Building Inspector, and Health Inspector.
Alcoholic Beverage - Class F-1 - July 12, 13, 14, 2002
Teofilo Braga Club, 26 Teofilo Braga Way
Armando Medeiros, 15 Forrest Avenue, Riverside, Rhode Island is present and sworn.
On motion of Councilman seconded by Councilman, it is unanimously voted to approve, subject to approvals of Police Chief, Building Inspector, and Health Inspector.
Alcoholic Beverage - Class F-1 - July 19, 20, 21, 2002
Holy Ghost Brotherhood of Charity - 59 Brightridge Avenue
Joe Rosa, Pawtucket, Rhode Island is present and sworn.
On motion of Councilman Grant, seconded by Councilman Rogers, it is unanimously voted to approve.
Alcoholic Beverage - Class F-1 - June 28, 29, 30, 2002
Holy Ghost Brotherhood St. Peter Micaelence - 51 North Phillips St.
Albino Pinto, 263 Bourne Avenue, East Providence, Rhode Island is present and sworn.
On motion of Councilman Midgley, seconded by Councilman Grant, it is unanimously voted to approve, subject to approvals of the Police Chief, Building Inspector and Health Inspector.
Alcoholic Beverage - Class F-1 - July 5, 6, 7, 2002
Holy Ghost Beneficial Brotherhood Mariense - 846 North Broadway
The applicant is not present. On motion of Councilman Miranda, seconded by Councilman Grant, it is unanimously voted to defer.
Alcoholic Beverage - Class F-1 - June 14, 15, 16, 2002
St. Francis Xavier Church - 81 North Carpenter Street
The applicant is not present. On motion of Councilman Miranda, seconded by Councilman Grant, it is unanimously voted to defer.
On motion of Councilman Rogers, seconded by Councilman Miranda, it is unanimously voted to hear the request from the United Methodist Center next and to allow one speaker at this time.
Kathleen Brady, River Road, Middletown, Rhode Island, Director of Development, United Methodist Elder Care, is present and sworn.
Ms. Brady states that it had been their understanding that they would be last on the docket, and some of the speakers are not here as yet, and asks to stay last on the docket.
On motion of Councilman Miranda, seconded by Councilman Rogers, it is unanimously voted to move the School Department presentation to be heard next.
COMMUNICATIONS
Dr. Taras Herbowy - Superintendent of Schools - Bonding presentation
Dr. Herbowy presents the School Department's requests for bonding. He presents Michael McCuen, Kaesle Boos Associates, Inc., who gives a report on the Feasibility Study done for Edward R. Martin Middle School, with a projected cost of $32 million.
Following the Feasibility Study report, Dr. Herbowy goes over the entire list of needs, which total approximately $9 million, bringing the total of all projects to approximately $42 million.
At the conclusion of the presentation, the Council enters into discussion. Mayor Larisa speaks about what this would do to the taxpayers and says the City does not have the fiscal ability to fund a project of this size. It is also mentioned that the City Manager and Ernie DeSaia may be able to get lower bids for the projects, excluding the Martin Middle School. Mayor Larisa suggests that Martin Middle School go on a separate ballot rather than lumping all projects together.
Mr. Rogers speaks on the issue and says he recently took a tour of the Martin Middle School and was appalled by what he saw. He suggests that new school construction should be looked at, rather than renovating the existing building. Both Councilmen Grant and Miranda agree with Councilman Rogers, saying they would support new construction. Councilman Miranda also suggests looking at A-type roofs, rather than flat roofs.
Dr. Herbowy responds to the Council's comments and states that he will attend the next Council meeting. Mayor Larisa asks the Finance Director to provide for the next Council meeting an impact analysis statewide and on the City's bonded indebtedness for a $50 million bond issue total.
The meeting recesses at 9:10 p.m. and reconvenes at 9:20 p.m. with all Council members present.
On motion of Councilman Grant, seconded by Councilman Miranda, it is unanimously voted to change the order of business to go back to the Class F Alcoholic Beverage licenses.
Alcoholic Beverage - Class F-1 - July 5, 6, 7, 2002
Holy Ghost Beneficial Brotherhood Mariense - 846 North Broadway
Joaquim Amaral, Centre Street, East Providence, Rhode Island is present and sworn.
On motion of Councilman Miranda, seconded by Councilman Grant, it is unanimously voted to approve.
On motion of Councilman Rogers, seconded by Councilman Grant, it is unanimously voted to allow two representatives from the United Methodist Center to address the Council.
Thomas Hemmengingeo, Treasurer of the Board of Trustees of the United Methodist Center, speaks on the foreclosure of Edmund Place, and informs the Council that the City had the option to purchase the building from HUD for $10. He states that the Housing Authority decided they did not have the resources itself, and the option was sent over to the City, and now the option has expired. Mayor Larisa and others say they never heard of this and would have purchased the building if they knew this to be the case.
Mr. Hemmengingeo asks that the City try to persuade HUD to cancel the auction scheduled for April 30, 2002.
Mayor Larisa states for the record that approximately 75 petitions from residents and staff were received on this issue.
Catherine Brady, Director of Elder Care, United Methodist Home, is present and sworn, and speaks on the subject.
Daniel Harrington, 74 Temple Drive, East Providence, Rhode Island, speaks as a member of the Board of Trustees for United Methodist.
Councilman Grant states that the City should find out if this information is correct and should also find out what strings are attached.
After further discussion, it is the unanimous consent of the Council to accept the papers and refer the matter to the City Solicitor and Nancy Remington.
On motion of Councilman Grant, seconded by Councilman Midgley, it is unanimously voted to return to the regular order of business.
CONSENT CALENDAR
Approval of Council Journals
Regular Meeting - April 2, 2002
On motion of Councilman Miranda, seconded by Councilman Grant, it is unanimously voted to approve.
CITY COUNCIL SITTING AS LICENSING COMMISSIONERS
LICENSES REQUIRING PUBLIC HEARING
(Advertised East Providence Post - March 28 & April 4, 2002)
Alcoholic Beverage - B Full Privilege - Transfer
From: First Stop Inc., dba Mulhearn's Pub - 507 North Broadway
To: Pub Ventures, Inc., dba Mulhearn's Pub - 507 North Broadway
Tom Cummings, 67 Mayflower Drive, Seekonk, Massachusetts is present and sworn.
Bob Mulhearn, 35 Bullocks Point Avenue, Riverside, Rhode Island is present and sworn.
The applicant is informed that there are two letters of objection from R.I. Distributing Co. and McLaughlin & Moran. The Council is told that these have been taken care of.
There are no persons from the public wishing to be heard.
On motion of Councilman Grant, seconded by Councilman Midgley, and on a roll call vote, it is unanimously voted to approve, subject to approvals of the Police Chief, Building Inspector, and Health Inspector, and the release of objections by creditors.
On motion of Councilman Rogers, seconded by Councilman Miranda, it is unanimously voted to consolidated all other licenses for this applicant.
Victualing / Over 50- Transfer
Dance/Entertainment - Transfer
Pool Table - Transfer
Pool Table - Sunday - Transfer
On motion of Councilman Grant, seconded by Councilman Rogers, it is unanimously voted to approve all licenses, subject to approvals of Police Chief, Building Inspector, and Health Inspector.
Alcoholic Beverage - Class B Full Privilege
Advertised - East Providence Post - March 28 & April 4, 2002 - Notices Mailed to Abutters
Setback Restaurant Inc., dba Setback Grill - 218 Warren Avenue
John Pestana, 1463 So. Broadway, East Providence, Rhode Island and Celia Pestana, same address, are present and sworn. They are represented by Attorney William Maaia, who addresses the Council regarding the business operation and states that the business will be run as a family-type restaurant.
Councilman Miranda speaks in support of the restaurant.
There are no persons from the public wishing to be heard.
On motion of Councilman Miranda, seconded by Councilman Grant, and on a roll call vote, it is unanimously voted to approve, subject to approvals of Police Chief, Building Inspector, and Health Inspector.
Victualing/Over 50
Setback Restaurant Inc., dba Setback Grill - 218 Warren Avenue
On motion of Councilman Grant, seconded by Councilman Miranda, it is unanimously voted to approve, subject to approvals of Police Chief, Building Inspector, and Health Inspector.
LICENSES NOT REQUIRING PUBLIC HEARING
Victualing - Not Over 50 - Transfer
From: William A. Rougas to James D'Aquila, dba Riverside Grille - 277 Bullocks Pt. Ave.
Subject to approvals of Police Chief, Building Inspector, Health Inspector
The applicant is not present. On motion of Councilman Miranda, seconded by Councilman Midgley, it is unanimously voted to defer to the next meeting.
Victualing - Not Over 25
Joon Koo Park dba Sun & Moon Korean Restaurant - 95 Warren Avenue
Joon Koo Park, 95 Wayland Avenue, Providence, Rhode Island, is present and sworn.
On motion of Councilman Midgley, seconded by Councilman Miranda, it is unanimously voted to approve, subject to approvals of Police Chief, Building Inspector, and Health Inspector.
Hawker
Steven W. Yuppa, dba A&S Novelty - 14 Ide Avenue, East Providence
The applicant is not present. On motion of Councilman Grant, seconded by Councilman Rogers, it is unanimously voted to defer.
Sunday/Holiday Sales -
E.P. Firearms, Inc. - 389 Bullocks Point Avenue
Attorney Timothy O'Hara, 197 Taunton Avenue, East Providence, Rhode Island, and his clients, Kenneth and Kristen Vieira, 58 Meadowcrest Drive, Riverside, Rhode Island, are present and sworn.
Discussion is held on whether or not firearms can be sold on Sunday. It is decided that the City Solicitor will get further information
A motion is made by Councilman Rogers, seconded by Councilman Miranda, to defer the matter until the next Council meeting.
Mayor Larisa asks if there is anyone from the public wishing to be heard on this. There is no one.
After further discussion, Mayor Larisa calls for a vote on the motion. The motion passes 3-2, with Councilmen Grant and Midgley voting against.
Sunday/Holiday Sales
Raymond C. Mason, dba Bullocks Pt. Arms
497A Bullocks Point Avenue
Councilman Midgley reports that the application has been withdrawn.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
PUBLIC HEARINGS
ORDINANCES - FINAL PASSAGE (Given first passage April 2, 2002)
Advertised - Providence Journal - April 5, 2002
The following ordinance establishes a No Parking Zone in an area of Summit Street at the intersection with Cross Street due to safety concerns.
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." of Chapter 18 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled "Vehicles and Traffic." Subsection 18-307 entitled "Parking prohibited at all times." is amended by adding thereto the following::
SUMMIT STREET (east side), from Cross Street to a point 45 feet north.
(Requested by Director of Public Works) CHAPTER NO. 202
There is no one from the public wishing to be heard.
On motion of Councilman Miranda, seconded by Councilman Grant, and on a roll call vote, it is unanimously voted to approve for Final Passage.
NEW BUSINESS
CITY MANAGER
1. Review of Qualification Statements for "Wastewater Facility Assessment"
On motion of Councilman Miranda, seconded by Councilman Grant, it is unanimously voted to approve the City Manager's recommendation.
2. 2002-2003 CDBG Applications Received for Funding: Summary of Proposed Projects
Mr. Lemont reports that the City received 35 applications for a total requested amount of $1,535,895 and the allocated allotment is $928,000. He asks Nancy Remington to address the Council for further information.
Nancy Remington, CDBG Coordinator, states that the presentations will be made at the next Council Meeting, on May 7, 2002.
On motion of Councilman Grant, seconded by Councilman Miranda, it is unanimously voted to accept the report.
3. City Manager's Report
- Mr. Lemont reports that the new Fire Station is on schedule
- The School Department Maintenance Garage is on schedule
- The Community Policing has been moved to Sweetland House
- The Municipal Court is in and operating
- He met with a Providence Journal reported talking about East Providence and the article will be in Thursday's newspaper
On motion of Councilman Rogers, seconded by Councilman Miranda, it is unanimously voted to accept the City Manager's Report.
REPORTS OF OTHER CITY OFFICIALS
(By William J. Conley, Jr., City Solicitor)
Claims and Litigation Committee Report
- Claire Schleffer, Claim No. 02-17 Referred to Law Department
- Barbara Pray, Claim No. 02-18 Denied
- One Beacon Insurance Company, Claim No. 02-19 Referred to Law Department
- Ann M. Kane, Claim No. 02-20 Highway Dept. to repair lawn
On motion of Councilman Miranda, seconded by Councilman Grant, and on a roll call vote, it is unanimously voted to accept as presented.
COUNCIL MEMBERS
(By Mayor Joseph S. Larisa)
1. Amendment to the Council Rules of Procedure - Docket Deadline - For discussion and vote
Mayor Larisa states that the Council needs to set a deadline for getting information into the City Clerk before the Docket is printed.
On motion of Councilman Miranda, seconded by Councilman Rogers, it is unanimously voted to require all Council docket items be given to the City Clerk no later than 4 P.M. on the Thursday preceding the Council meeting.
2. Pond View Proposed Expansion -- discussion and request for information
Mayor Larisa asks Mr. Conley to get a memo to the Council on what Pond View is proposing and how it will impact the City, and what the Council's legal rights are, and possibly a Resolution to DEM or to whomever to get on the record that the City Council is in opposition to any expansion.
3. Presentation on EP taxpayer effects of bonding scenarios -- proposal for next meeting
Mayor Larisa states that if the City can build a new school on new property and free up Martin for a possible Multi-Purpose Center, and the State gives the same kind of give-back on the financing on a new school as on the old, that will have a big impact on what is done on the whole bond issue.
(By Councilman Rolland R. Grant)
1. Playgrounds - Need of financing - For discussion and vote
Councilman Grant states he has spoken with the City Manager and Parks and Recreation Director about alternative financing for playground equipment. He suggests that the City look to private funding, such as was done with the "Adopt an Island" program.
Councilman Rogers states that the Parks and Recreation Department Director has a plan for fixing up the city's playgrounds, and would like to address the Council regarding this at the next Council meeting. Mayor Larisa states that he would like a memo from Mr. Crook prior to the meeting.
On motion of Councilman Miranda, seconded by Councilman Midgley, it is unanimously voted to have the City Solicitor draw up a Resolution for the next meeting naming Councilman Grant and Councilman Rogers as Co-Chairs of a Commission on Playground Improvements.
2. Rosegarden Soccer Field - discussion and request for information
Councilman Grant reports that two things happened while he was at Rosegarden. The first incident was a dog that was let loose on the field. He asks the City Manager to have signs put up in the various parks throughout the City reminding people to keep their dogs on a leash.
Also, Councilman Grant reports that there is progress and he has been assured that the Rosegarden Soccer Field will be one of the premier parks in the State.
RESOLUTIONS
RESOLUTION TO INCLUDE A REQUEST FOR LEGISLATION AUTHORIZING A BOND REFERENDUM IN THE AMOUNT OF $1.5 MILLION DOLLARS FOR CONSTRUCTION OF A RIVERSIDE BRANCH LIBRARY
(Requested by Councilman Peter F. Midgley) RESOLUTION NO. 30
Mayor Larisa asks for a friendly amendment adding the words "including the two Representatives from Riverside. "
On motion of Councilman Midgley, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to adopt the Resolution as amended.
INTRODUCTION OF ORDINANCES
(If given first passage, can be referred to the next regular Council meeting to be held on May 7, 2002 for a public hearing and consideration of final passage)
The following ordinance adds as a violation the return of a dismantled, junked or abandoned vehicle to the same premises within a 12 month period; creates a penalty for subsequent offenses; and a definition and penalty for unlicenced junkyards.
1. AN ORDINANCE IN AMENDMENT OF CHAPTER 10 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "NUISANCES.", which amends:
SECTION I. Article II entitled " Dismantled, Junked and Abandoned Vehicles" by adding thereto the following:
Sec. 10-30.1 Failure to comply with notice to remove.
A violation of the regulations contained in this article shall also be deemed to have been committed by any person who initially removes any abandoned vehicle after having been given notice according to this article to remove said vehicle, but who then returns the same vehicle to the same property, in the same or similar abandoned condition, within a twelve month period from the initial notice of removal.
Sec. 10-36. Subsequent Offenses; Penalty.
For a second offense of this section, a person shall be subject to a fine of two hundred fifty dollars ($250.00), and for a third and any subsequent offense, be subject to a fine of five hundred dollars ($500.00).
Sec. 10-37. Unlicenced Junkyards; Penalty
Any person who maintains an unlicenced junkyard, whether or not they are the owner of said premises, shall be subject to a fine of not more than $500.00.
SECTION II. Sec. 10-26 entitled "Definitions" of Article II entitled " Dismantled, Junked and Abandoned Vehicles" is amended by adding thereto the following:
Unlicenced Junkyards means any establishment or premises which are used for the storing, keeping, or accumulation of one or more inoperable, worn out, junked, or discarded motor vehicles, or the storing, keeping, or accumulation of one or more abandoned vehicles and/or trailers within a twelve month period, which establishment or premises do not have a license as an auto wrecking and salvage yard.
(Requested by: Law Department)
On motion of Councilman Midgley, seconded by Councilman Miranda, it is unanimously voted to approve for First Passage.
The following ordinance adopts the state law violation for sale of alcoholic beverages to underage persons so that violators can be referred to municipal court.
On motion of Councilman Miranda, seconded by Councilman Rogers, it is unanimously voted to dispense with the reading of the ordinance.
2. AN ORDINANCE IN AMENDMENT OF CHAPTER 9 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "MISCELLANEOUS OFFENSES." , is amended by adding thereto the following::
9.1.1 Penalty for violations relating to sale of alcoholic beverages to underage persons.
Any person who sells or suffers to be sold or delivered any beverage which contains alcohol to a person who has not reached his or her twenty-first (21st) birthday either for his or her own use or the use of his or her parents or any other person, or allows any person who has not reached his or her twenty-first (21st) birthday to drink said alcoholic beverages within the City of East Providence or suffers or allows any persons who have not reached their eighteenth (18th) birthday to sell or serve any alcoholic beverage on the premises shall for the first offense be subject to a fine of two hundred fifty dollars ($250); for the second offense, be subject to a fine of five hundred dollars ($500); and for the third and any subsequent offense, be subject to a fine of seven hundred fifty dollars ($750). In the event that there are no offenses in three (3) successive years from the date of the last offense, then the next offense shall be treated as a first offense.
(Requested by: Law Department)
On motion of Councilman Midgley, seconded by Councilman Miranda, it is unanimously voted to approve for First Passage.
3. The following ordinance establishes a No Parking Zone in an area of the Riverwoods development at the entrance due to safety and vehicles access concerns.
On motion of Councilman Rogers, seconded by Councilman Miranda, it is unanimously voted to dispense with the reading of the ordinance.
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 18-307 entitled "Parking prohibited at all times." by adding thereto the following:
RIVERWOODS COURT (east side), from Bourne Avenue to a point 120 feet south.
(Requested by Director of Public Works)_
On motion of Councilman Miranda, seconded by Councilman Rogers, it is unanimously voted to approve for First Passage
4. The following ordinance provides a handicapped parking space at 136 Juniper St.
On motion of Councilman Midgley, seconded by Councilman Rogers, it is unanimously voted to dispense with the reading of the ordinance.
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:
JUNIPER STREET, (north side) in front of house number 136.
(Requested by Director of Public Works)
On motion of Councilman Midgley, seconded by Councilman Miranda, it is unanimously voted to approve for First Passage
5. The following ordinance brings the City into conformity with state law by changing
125 yards to 500 feet.
AN ORDINANCE IN AMENDMENT OF CHAPTER 9 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "MISCELLANEOUS OFFENSES", which amends Sec. 9-3 entitled "Firearms and hunting-Definitions applicable to sections 9-4 through 9-6." to read as follows:
Shoreline hunting means hunting on any part of the shore that is at least 500 feet from any occupied dwelling house, residence or other building occupied by human beings or any barn, stable or other building used in connection therewith.
(Requested by: City Solicitor)____
On motion of Councilman Grant, seconded by Councilman Midgley, it is unanimously voted to approve for First Passage
APPOINTMENTS
(By Councilman Patrick A. Rogers)
Historic Properties Designation and Study Commission
(R) Claudette C. Field - 1474 Pawtucket Avenue (02916)
William R. Simpson - 194 Don Avenue (02916)
Nancy Moore - 14 Josephine Ave. 02916
On motion of Councilman Grant, seconded by Councilman Rogers, it is unanimously voted to approve the appointments.
(By Councilman Rolland R. Grant)
Library Board of Trustees
Jean Grant - 12 Callender Avenue (02914)
On motion of Councilman Miranda, seconded by Councilman Rogers, it is unanimously voted to approve the appointment.
COMMUNICATIONS
2. Maryann Mathews requesting an update on the Waterfront Commission Status and/or plan.
Ms. Mathews is not present.
The meeting adjourns at 11:07 p.m.
Attest:
Valerie A. Perry, CMC
City Clerk