| | CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING AUGUST 13, 2002 | |
The City Council meets in the Council Chamber on Tuesday, August 13, 2002 and is called to order at 7:30 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 Mayor Larisa. The Salute to the Flag is led by Councilman Rogers.
CONSENT CALENDAR
1. Approval of Council Journals
Regular Meeting - July 16, 2002
2. Town of Hopkinton - Resolution requesting the state to undertake the construction of a weapons training facility for all police agencies, both state and local
3. Coastal Resources Management Council - RESIDENTIAL ASSENT - File No. 02-05-87 - Requesting alterations to existing dwelling consisting of (1) enclose back porch; (2) rebuilt second floor; (3) garage addition; located at 169 Terrace Avenue, Block 16, Lot 8 (John Gaines)
4. Coastal Resources Management Council - RESIDENTIAL BOATING FACILITY/ASSENT/RESTORATION ORDER - File No. 78-7-1 - Requesting “As Built”, modifications to Residential Boating Facility per CRMC file #78-7-1; located at 186 Riverside Drive, Plat 414, Lot 00.5.00 (Harold & Karen Bovi)
5. Coastal Resources Management Council ASSENT - File No. 02-05-12 - Requesting to remove existing boating facility; construct new 4'x50' fixed timber pier, 3'x14' ramp, and 8'x16' float; located at 245 Terrace Avenue, Plat 414, Lot 1 (James Arruda, 18 Dartmouth Avenue, Riverside, RI 02915)
6. Coastal Resources Management Council- FINDING OF NO SIGNIFICANT IMPACT -
File No. 02-06-77 - Requesting to install 200' of fencing on both sides of property and remove two (2) oaks at end of driveway; make repairs to pavement as needed in accordance to plan submitted for 6 Riverside Drive, Plat 414-231 Lot 4 (Dianne Gibbs)
7. Coastal Resources Management Council - CERTIFICATE OF MAINTENANCE
File No. 02-06-129 - Requesting to remove shingles and reshingle, paint existing clapboards & replace balk steps at; 6 Bluff Street, RI Plat 212, Block 1, Lot 6
(Kara M. Lund), 75 Bluff Street, East Providence, RI 02915
8. Coastal Resources Management Council - FINDING OF NO SIGNIFICANT IMPACT - File No. 02-06-123 - Requesting to remove existing window in rear of residence and replace with a 6' sliding glass door at; 48 Beach Pt Drive;
Plat 513-36 Lot 8.00 (Normand Baril)
9. Coastal Resources Management Council- FINDING OF NO SIGNIFICANT IMPACT - File No. 2-6-117 - Requesting to expand existing 2nd floor dormers to enlarge bedroom and bath at 37 Terrace Avenue, Plat 414-13 Lot 1(Deborah Rodricks)
10. Coastal Resources Management Council- FINDING OF NO SIGNIFICANT IMPACT
File No. 02-07-15 Requesting to remove and replace rotted railroad ties with interlocking wall system at 285 Terrace Avenue,
11. Coastal Resources Management Council- FINDING OF NO SIGNIFICANT IMPACT File No. 02-07-24 Replace and install windows and doors at 285 Terrace Avenue, Plat 415-08, Lot 4 (Joseph Michael Keating)
11. Sunday/holiday Sales License
Darlene Rieger, DBA: Gear Locker, 174 Taunton Avenue
12. CANCELLATION/ABATEMENT LIST Alberto S. Ereio, Tax Assessor
| | YEAR | AMOUNT |
| | 2002 | $29,409.27 |
| | 2001 | 417.27 |
| | 2000 | 305.33 |
| | 1999 | 385.84 |
| | TOTAL | 30,517.71 |
On motion of Councilman Miranda, seconded by Councilman Midgley, and on a roll call vote, the Consent Calendar is approved.
PROCLAMATIONS, PRESENTATIONS, INTRODUCTIONS
PRESENTATION
Presentation by Secretary of State, Edward S. Inman, to the City of East Providence. (1) A copy of the Declaration of Independence.
The Secretary of State is not present. Item is deferred.
The order of business is changed to hear licenses.
CITY COUNCIL SITTING AS LICENSING COMMISSIONERS
VICTUALING/OVER 50
Johnson & Wales University, DBA: Edmund Place, 350 Taunton Avenue
Chris Bracko, Warren, Rhode Island, representing Johnson & Wales University, is present and sworn.
On motion of Councilman Midgley, seconded by Councilman Rogers, it is unanimously voted to approve, subject to approvals from the Police Chief, Building Inspector, and Health Inspector.
The meeting returns to the regular order of business.
PROCLAMATION
Senator William Castro and Mayor Larisa read a citation in honor of the late Ted Williams. Senator Castro recognizes the Committee and thanks them for their work.
LICENSES NOT REQUIRING PUBLIC HEARING
2. VICTUALING/NOT OVER 25
Paul Mello/Robert A. Medeiros, dba M & M New York System, 361 Waterman Avenue
Attorney Arthur Frank, representing the applicants, is present, along with the applicants, Paul Mello and Robert A. Medeiros.
On motion of Councilman Miranda, seconded by Councilman Grant, it is unanimously voted to approve, subject to approvals from the Police Chief, Building Inspector, and Health Inspector.
3. PEDDLER/JEWELRY, ETC.
Leslie McClain, 393 Waterman Avenue
Approved: Chief of Police
The applicant is not present.
On motion of Councilman Midgley seconded by Councilman Grant, it is unanimously voted to continue to the next meeting.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
PUBLIC HEARINGS
ORDINANCES - FINAL PASSAGE (Given first passage July 16, 2002)
Advertised - Providence Journal - July 19, 2002
The following ordinance requires sellers of homes to obtain and provide to the Fire Department a zoning Certificate for their home prior to a smoke detector/carbon monoxide inspection by the East Providence Fire Department.
1. 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 Article II entitled “Inspections, Compliance and Violations of Fire Safety Code” by adding thereto the following:
Sec. 5-51. Zoning certificate required for smoke detector/carbon monoxide inspection appointment.
Prior to any homeowner, realtor, or seller requesting a smoke detector/carbon monoxide detector certificate appointment from the East Providence Fire Department pursuant to R.I.G.L. § 23-28.35-1 et seq., said homeowner, realtor or seller shall first obtain a zoning certificate from the East Providence zoning official and present said certificate to the East Providence Fire Department and any buyer of the subject property prior to or at the closing of the sale.
(Requested by Councilman Peter F. Midgley) CHAPTER NO. 217
On motion of Councilman Grant, seconded by Councilman Midgley, it is unanimously voted to dispense with the reading of the ordinance.
There is no one from the public wishing to be heard.
On motion of Councilman Midgley, seconded by Councilman Grant, and on a roll call vote, it is unanimously voted to approve the ordinance for Final Passage.
2. The following ordinance requires that all businesses entering into new locations within the City of East Providence file a change of tenancy form to ensure that all necessary permits, licenses or variances are obtained.
AN ORDINANCE IN AMENDMENT OF CHAPTER 8 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “LICENSES AND BUSINESS REGULATIONS”, which amends Article II entitled “Miscellaneous Business and Occupational Licenses and Permits” by adding thereto the following:
Sec. 8-39. Change of tenancy. All corporations, businesses, partnerships, LLC’s, and individuals entering into new business locations within the City of East Providence either by rental, lease or purchase shall complete a Change of Tenancy Form provided by the City and said corporations, businesses, partnerships, LLC’s, and individuals shall obtain all necessary permits, licenses or variances prior to operating at said location.
(Requested by Councilman Rolland R. Grant) CHAPTER NO. 218
On motion of Councilman Midgley, seconded by Councilman Grant, it is unanimously voted to dispense with the reading of the ordinance.
Councilman Grants speaks on the ordinance and says the ordinance needs to be adopted for public safety concerns. He states that by filling out this form, the Fire Department and Building Inspection Office will be made aware of what is in the building. Mr. Conley says the forms will be available in the Clerk’s Office and the Building Inspector’s Office.
Councilman Rogers voices his objections to the ordinance, saying he believes it will detract businesses coming into the City because of additional paperwork and bureaucracy.
Councilman Miranda comments that he did not hear any objection from the Fire Chief, and thinks the Chief is in favor of this ordinance.
Mayor Larisa states that it is important that new businesses be attracted to the City, and says that if any business has problems filling out the form, they can call him at his home for his help.
There is no one from the public wishing to be heard.
Motion to approve for Final Passage is made by Councilman Grant, seconded by Councilman Miranda. Roll call vote follows:
| Councilman Grant | Aye |
| Councilman Midgley | Aye |
| Councilman Miranda | Aye |
| Councilman Rogers | Nay |
| Mayor Larisa | Aye |
The motion passes 4-1.
3. The following ordinance removes the parking restriction on the south side of Firglade Avenue from Pawtucket Avenue easterly for 80 ft.
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 deleting therefrom the following:
FIRGLADE AVENUE (south side) from Pawtucket Avenue easterly for 80 feet.
(Requested by Councilman Peter F. Midgley) CHAPTER NO. 219
On motion of Councilman Grant, seconded by Councilman Miranda, it is unanimously voted to dispense with the reading of the ordinance.
There is no one from the public wishing to be heard.
On motion of Councilman Midgley, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to approve for Final Passage.
4. The following ordinance adds three alternate members to the Carousel Park Commission for two year terms.
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 amends Article III entitled “Boards, Committees, Commissions” , Division 2 entitled “Carousel Park Commission” to read as follows:
Sec. 2-52. Membership; appointment of members. The carousel park commission shall consist of 18 residents of the city, to include a member of the city council selected by the council; two members from each of the four wards of the city, nominated by the council person from each ward; two members nominated by the council person at-large; one member at-large nominated by the mayor; the city manager or his representative; a member of the historic properties designation and study commission appointed by majority vote of the council and the superintendent of schools or his representative; and three alternate members appointed by majority vote of the council to be designated as the first, second and third alternate members. These alternate members may actively participate in meetings. The first alternate shall vote if one member of the commission is absent, the second shall vote if two members of the commission are absent, and the third alternate shall vote if three members are absent. In the absence of the first alternate member, the second alternate member shall serve the position of the first and in the absence of the second alternate member, the third alternate member shall serve in the position of the second. The selection of public members shall be from residents demonstrating an avid interest in the welfare of the carousel park properties and particular abilities to contribute to the commission, including but not limited to historic preservation, architecture, community heritage, public relations, environmental appreciation, fund-raising, and community involvement. Each nominee for membership in the commission shall be elected by the entire city council.
Sec. 2-53. Compensation; terms; vacancies; removal of members. Members of the carousel park commission shall serve without compensation. The city council shall serve a one-year term commencing in January of each year. The city manager and the superintendent of schools shall serve for and during their terms of office. The original six public members shall serve terms of three years each, provided that the members first appointed shall serve staggered terms, the terms to commence on the January following the initial appointment of such members. The five additional public members appointed in 1993 shall serve terms of three years each provided that for the members first appointed in 1993, shall serve staggered terms, the terms to commence on the January following the initial appointment of such members. Alternate members shall serve a two-year term from the date of appointment. Vacancies caused by the resignation, death, or for any other reason shall be filled in the same manner set forth for selection of the initial appointments. The council, by a four-fifths vote, shall have the authority to remove any public member of the commission from office whenever, in its discretion, the best interests of the city shall be served thereby.
(Requested by Councilman Peter F. Midgley) CHAPTER NO. 220
On motion of Councilman Miranda, seconded by Councilman Grant, it is unanimously voted to dispense with the reading of the ordinance.
Councilman Midgley speaks on the ordinance. He states that sometimes people become too busy to attend the meetings, and the various boards and commissions have trouble getting a quorum for their meetings. He asks the City Clerk to send a reminder to all Board and Commission members to let the Council know if they no longer are interested in serving, in order for the Council to make new appointments.
Mayor Larisa mentions an event at the Carousel the past weekend, featuring zoo animals, which was a great success. He states that if anyone is interested in serving on the commission, to let the Council know.
There is no one from the public wishing to be heard.
On motion of Councilman Midgley, seconded by Councilman Grant, and on a roll call vote, it is unanimously voted to approve.
5. The following ordinance establishes no parking on the east side of North Broadway from Massasoit Avenue to Centre Street in order to improve vehicle movements and safety.
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:
NORTH BROADWAY (east side) from Massasoit Avenue to Centre Street.
(Requested by Director of Public Works) CHAPTER NO. 221
On motion of Councilman Midgley, seconded by Councilman Miranda, it is unanimously voted to dispense with the reading of the ordinance.
Councilman Grant voices his concerns about those people who have houses on North Broadway. He suggests that the parking be prohibited only during certain hours, such as 7:30 - 8:00 A.M. and 4:00 to 6:00 P.M.
Following further discussion, it is decided to enact the ordinance and revisit it if there are any problems.
There is no one from the public wishing to be heard.
On motion of Councilman Midgley, seconded by Councilman Rogers, and on a roll call vote, it is unanimously voted to approve for Final Passage.
6. The following ordinance establishes additional parking space for residents of Roger Williams Ave.
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.” to read as follows:
ROGER WILLIAMS AVENUE (east side) from Ruth Avenue south for 260 feet.
(Requested by the Director of Public Works) CHAPTER NO. 222
On motion of Councilman Miranda, seconded by Councilman Midgley, it is unanimously voted to dispense with the reading of the ordinance.
On motion of Councilman Midgley, seconded by Councilman Miranda, 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 the providing of Dental Services.
On motion of Councilman Miranda, seconded by Councilman Rogers, it is unanimously voted to approve the pre-qualification of the two bidders - Blue Cross & Blue Shield of Rhode Island and Delta Dental of Rhode Island..
2. Request for City Council Approval to Award Contract for “Lease/Purchase Financing for Automotive Fire Apparatus.”
Councilman Rogers notes that the money to pay for the apparatus is coming from Federal Government funds and not from property tax money.
On motion of Councilman Midgley, seconded by Councilman Grant, and on a roll call vote, it is unanimously voted to award the contract for Lease/Purchase Financing for Automotive Fire Apparatus to Koch Financial Corporation in the amount of $2,924,066.31.
Mr. Lemont is now present. He mentions some vandalism to a city car in the employees parking lot, and asks that anyone knowing anything of the incident to please contact him.
Councilman Grant suggests putting surveillance cameras in the areas to prevent further damage.
3. Request for authorization to proceed with pre-qualification/bidding process; Riverside Square Improvements.
Mr. Lemont reports that Jeanne Boyle and the Planning Department staff have done a ton of work with regards to the revitalization of Riverside Square. Jeanne Boyle highlights the project and says she will give a brief presentation for the public at the next meeting.
Councilman Midgley commends the Planning Department and the Riverside residents and business people of Riverside who have worked very hard to improve the entire section.
On motion of Councilman Midgley, seconded by Councilmen Rogers and Grant, and on a roll call vote, it is unanimously voted to approve.
City Manager’s Report
C Mr. Lemont reports that he, along with Jeanne Boyle and Jim Moran, took a developer on a tour of the waterfront and hopes that he will be able to give some good news at the next Council meeting.
C Probably by the next Council meeting he will be able to report on two very significant employers who will be relocating a portion of their operation to the City.
REPORTS OF OTHER CITY OFFICIALS
(By William J. Conley, Jr., City Solicitor)
1. Claims and Litigation Committee Report
| C | Diego Cardona, Claim No. 02-29 | Approved |
| C | Joanne Crowle, Claim No. 02-30 | Denied |
| C | Ralph Paparella, Claim No. 02-31 | Approved |
| C | Anthony Ferreira, Claim No. 02-35 | Referred to Insurance Carrier |
| C | Kris Ferrara, Claim No. 02-34 | Approved |
| C | Tracy Scott, Claim No. 02-32 | Referred to J.H. Lynch & Sons Inc. |
On motion of Councilman Miranda, seconded by Councilman Grant, and on a roll call vote, it is unanimously voted to accept as presented.
2. Amendment to Regulations for Wrecker and Towing Services by adding a section entitled “Notice of Towing.”, which requires written notice to the driver/owner of a towed vehicle as to where the vehicle is being towed and the hours tow companies are required to be open by the R.I.P.U.C.
Mr. Conley explains that this amendment is due to a request from the Mayor at the last meeting.
On motion of Councilman Miranda, seconded by Councilman Grant, and on a roll call vote, it is unanimously voted to adopt the amendment.
COUNCIL MEMBERS
(By Councilman Patrick A. Rogers)
1. Phillipsdale Initiative
Councilman Rogers announces that a community meeting will be held tomorrow night at 7:30 p.m. at the Grace Church on Roger Williams Avenue for neighbors to question City officials and developers about the proposed development and to voice their concerns.
2. Discussion regarding promoting Recycling Efforts in East Providence.
Councilman Rogers announces that a monthly recycling bin exchange will take place at different locations in the City.
(By Councilman Rolland R. Grant)
1. Lights at Sabin Point Park
Councilman Grant requests that the lights at Sabin Point Park be replaced and the tree limbs be cut away from the street lights. He also requests that increased police patrols be provided for the area. Mr. Lemont reports that he has received calls from neighbors who do not want the lights. Mr. Lemont tells Councilman Grant that he is meeting with representatives from Narragansett Electric and invites Councilman Grant to meet him there.
2. Public Safety problems mulch/wood chips
Councilman Grant urges citizens to take care with mulch and wood chips around their property. He mentions the recent apartment fire on Wampanoag Trail, saying it was started by a cigarette flicked into the mulch. He says this a very potential danger and urges people to wet it down or remove it all together.
Addendum - Mayor Larisa (by unanimous consent)
“Formation of Rumford Historic District Commission" by Resolution
Mayor Larisa states that he was approached by a Rumford resident who wants to start up an Historic District in Rumford. He asks Mr. Conley to speak to Tony Carcieri to set up the parameters.
INTRODUCTION OF ORDINANCES
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.”, Subsec 18-307 entitled “Parking prohibited at all times.”, adding:
NORTH BROADWAY (west side) from KING PHILLIP ROAD to ALGONQUIN ROAD.
(Requested by the Director of Public Works)
On motion of Councilman Midgley, seconded by Councilman Grant, 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 Article X entitled “Stopping, Standing and Parking.” Subsec 18-307 entitled “Parking prohibited at all times.” adding: GREENWOOD AVENUE (south side) from NORTH BROADWAY to a point east for 400 feet.
(Requested by the Director of Public Works)
On motion of Councilman Midgley, seconded by Councilman Miranda, it is unanimously voted to approve for First Passage..
COMMUNICATIONS
Letter dated July 13, 2002 from Robert F. Perreault , requesting to name an East Providence baseball field in honor of Mr. Albert “Al” Fascio.
The matter is referred to the City Manager.
Paul Cooke, Box 19332, Brown University, seeking permission to use the James Turner Reservoir for rowing practices and /or races.
Mr. Cooke is present and sworn. Upon Mr. Lemont’s recommendation, Mr. Cooke is advised to call Mr. Lemont’s office to schedule an appointment to meet with Mr. Lemont and other City officials to try and come up with a plan.
Richard Pumple, 51 Monmouth Dr., East Providence, Rhode Island is present and sworn.
Mr. Pumple requests permission to block off Monmouth Drive between numbers 51 - 72 from 2:00 P.M. to 10:00 P.M. on August 31, 2002 for a neighborhood Block Party.
On motion of Councilman Midgley, seconded by Councilman Miranda, it is unanimously voted to approve, subject to approvals from the Police Chief and Fire Chief.
On a motion by Councilman Midgley, seconded by Councilman Miranda, the meeting adjourns at 9:10 p.m.
Attest:
____________________________
Valerie A. Perry, CMC
City Clerk Adopted: September 3, 2002