|  | CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING JULY 16, 2002 | |
The City Council meets in the Council Chamber on Tuesday, July 16, 2002 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 )
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 - June 18, 2002
Special Meeting - July 3, 2002
2. Coastal Resources Management Council - Cease and Desist Order - 47 Bluff Street
Plat 312/33, Lot 001 (James and Corinna Barry - 738A County St., Seekonk, MA)
3. Cancellations/Abatements - Tax Assessor requesting cancellation of taxes as follows:
Year Amount
2002 $176,702.31
2001 711.68
2000 224.18
1999 179.92
1998 11.19
Total $177,829.28
CITY COUNCIL SITTING AS LICENSING COMMISSIONERS
LICENSES REQUIRING PUBLIC HEARING
Additional Hours (Advertised Prov. Journal - June 22, 29, July 6, 2002)
Motiva Enterprises LLC/Colbea Enterprises LLC - DBA Shell - 2200 Pawtucket Avenue
Attorney Martin Slepkow, representing the applicant addresses the Council regarding the operation of the business.
There is no one from the public wishing to be heard.
On motion of Councilman Miranda, seconded by Councilman Grant, it is unanimously voted to approve, subject to approvals from Police Chief, Building Inspector, and Health Inspector.
LICENSES NOT REQUIRING PUBLIC HEARING
Sunday/Holiday Sales
Motiva Enterprises LLC/Colbea Enterprises LLC - DBA Shell - 2200 Pawtucket Avenue
On motion of Councilman Miranda, seconded by Councilman Grant, it is unanimously voted to approve, subject to approvals from Police Chief, Building Inspector, and Health Inspector.
Victualing
Motiva Enterprises LLC/Colbea Enterprises LLC - DBA Shell - 2200 Pawtucket Avenue
On motion of Councilman Miranda, seconded by Councilman Grant, it is unanimously voted to approve, subject to approvals from Police Chief, Building Inspector, and Health Inspector.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
NEW BUSINESS
CITY MANAGER
City Manager’s Report
Mr. Lemont reports the following:
· The Senior Center has received a Legislative Grant in the amount of $6,800 as the results of the actions of Rep. Raymond Coelho.
· A check in the amount of $86,546.21 from Dorothy Patti, representing payment in lieu of taxes on the properties of East Providence Housing.
Mr. Lemont also mentions the early morning fire on this day and commends the Fire Department for the excellent job done, which resulted in no injuries.
On motion of Councilman Grant, seconded by Councilman Miranda, it is unanimously voted to accept the report.
REPORTS OF OTHER CITY OFFICIALS
(By William J. Conley, Jr., City Solicitor)
Claims and Litigation Committee Report
· Mary Francis Najarian, Claim No. 02-27 Denied
· Joao P. Cordeiro Referred to the Law Department
· Antonio Bento, Jr., Claim No. 02-25 Denied
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, Jr.)
1. Update on Rose Larisa Memorial Park
Mayor states that the Committee has been meeting and is close making the final approve for the design. He says he expects the groundbreaking in late summer - early Fall, with the completion of next year. He also mentions a story that has been circulating that money was diverted from soccer fields to pay for the park. He says the money came from federal funds, as a result of the work of Sen. Lincoln Chaffee, and was never intended for anything other than the proposed park. He says there will be money for the soccer fields if the referendum passes.
2. Requesting Executive Session in accordance with Section 42-46-5 of the “exceptions” of Chapter 46 of the General Laws, pursuant to Section 42-46-5-(a)(1) [Job Performance]
On motion of Councilman Miranda, seconded by Councilman Rogers, and on a roll call vote, it is unanimously voted to put the item at the end of the docket.
(By Councilman Patrick A. Rogers)
Historic Property Commission - Announcement of new booklet regarding historic sites in East Providence
Councilman Rogers asks David Kelleher, Chairman of the Historic Properties Commission, to make a presentation. Mr. Kelleher hands out a booklet on Historic East Providence, depicting various historic sites throughout the City. He says this booklet was printed with legislative grant money, which was sponsored by Senator Irons, along with a grant sponsored by Allied Signal Corporation. Booklets will be free of charge to the public and will be available after Labor Day.
INTRODUCTION OF ORDINANCES - (If given first passage, can be referred to the next regular Council meeting to be held on August 13, 2002 for a public hearing and consideration of final passage)
1. 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.
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.
(Requested by Councilman Peter F. Midgley)
On motion of Councilman Rogers, seconded by Councilman Midgley, it is unanimously voted to dispense with the reading of the ordinance.
Councilman Midgley speaks on the ordinance and the reasons for it. Mr. Conley explains further that the ordinance is to put a requirement in place in which the buyer will be made aware if the property is a single family or multiple family dwelling.
Mayor Larisa questions how the buyer will get a copy of the Zoning Certificate. Mr. Conley suggests that language can be added to the ordinance to require a copy be given to the buyer, at or prior to the closing.
On motion of Councilman Midgley, seconded by Councilman Rogers, and on a roll call vote, it is unanimously voted to approve as amended for First 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)
On motion of Councilman Rogers, seconded by Councilman Midgley, it is unanimously voted to dispense with the reading of the ordinance.
Mr. Grant speaks on the ordinance, which he says is necessary information for the Fire Department and Police Department. Mr. Conley says the form will be made available in the Clerk’s Office. Once completed, copies of the one-page form will be forwarded to the Building Inspector, Zoning Officer, Police Department and Fire Department.
Councilman Rogers states that this is more bureaucracy and will not vote in favor of it. Mayor Larisa asks Mr. Conley why the City would want to know about all businesses, and Mr. Conley replies that a recent incident where a business was storing chemicals in the basement without the knowledge of the Fire Department is one example.
Further discussion takes place regarding a fee for the form, and it is decided there will be no fee.
Mayor Larisa mentions that the Town of Johnston recently put an ordinance in place that was similar to this idea, but with a fee of $25. He asks Mr. Conley to provide the Council with a report on that procedure at the next Council meeting.
On motion of Councilman Grant, seconded by Councilman Midgley, it is voted 4-1 to approve for First Passage. Councilman Rogers votes “Nay.”
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)
On motion of Councilman Midgley, seconded by Councilman Miranda, it is unanimously voted to approve for First 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, fundraising, 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)
On motion of Councilman Midgley, seconded by Councilman Miranda, it is unanimously voted
to dispense with the reading of the ordinance.
On motion of Councilman Midgley, seconded by Councilman Grant, it is unanimously voted to approve for First Passage.
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)
On motion of Councilman Rogers, seconded by Councilman Midgley, it is unanimously voted to dispense with the reading of the ordinance.
Steve Coutu, Public Works Director, explains the ordinance to the Council.
On motion of Councilman Rogers, seconded by Councilman Midgley, it is unanimously voted to approve for First Passage.
6. The following ordinance establishes additional parking space for residents of Roger Williams Avenue.
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)
On motion of Councilman Grant, seconded by Councilman Miranda, it is unanimously voted to dispense with the reading of the ordinance.
On motion of Councilman Miranda, seconded by Councilman Grant, it is unanimously voted to approve for First Passage.
APPOINTMENTS
(By Mayor Joseph S. Larisa, Jr.)
Zoning Board of Review
(R) Jude Kostas 18 Don Avenue (02916)
On motion of Councilman Miranda, seconded by Councilman Rogers, it is unanimously voted to approve.
Zoning Board of Review Chairman
(R) Eugene Saveory 11 Dearborn Drive (02916)
On motion of Councilman Miranda, seconded by Councilman Grant, it is unanimously voted to approve.
Unanimous Consent - Mayor Larisa
Mayor Larisa says there is an opening for an Alternate to the Zoning Board of Review, and asks residents who are interested to write to the City Clerk with their qualifications. He will make his appointment at the August meeting.
(By Councilman Peter F. Midgley)
Ancient Little Neck Cemetery
Russell Davis 21 Hospital Road (02915)
On motion of Councilman Miranda, seconded by Councilman Grant, it is unanimously voted to approve.
The City Clerk is directed to send a letter to the widow of Walter Muzzy.
(By Councilman Norman J. Miranda)
Traffic Control
Robin Botelho 90 Sprague Avenue (02915)
COMMUNICATIONS
1. Letter dated June 25, 2002 from Thomas Bezigian, 197 Sutton Avenue, requesting to purchase city-owned land located behind 197 Sutton Avenue.
On motion of Councilman Miranda, seconded by Councilman Midgley, it is unanimously voted to refer to the Planning Board.
2. Letter dated June 17, 2002 from David Rodericks requesting the abandonment of Avenue D.
On motion of Councilman Miranda, seconded by Councilman Midgley, it is unanimously voted to refer to the Planning Board.
3. Gregory S. Dias, 57 Tryon Avenue, and neighbors of Tryon Avenue, Gibbs Street and Estrell Street request to have Tryon Avenue blocked off at the corners of Gibbs Street and Merchant Street and that Estelle Street be blocked at Ferris Avenue on July 20th for a block party.
On motion of Councilman Rogers, seconded by Councilmen Midgley and Grant, it is unanimously voted to approve.
4. John Conley, 115 Smith Street, Riverside, Rhode Island addresses the Council regarding an upcoming Zoo Show at the Carousel to be held August 7 - 11, 2002. He says it is the largest Petting Zoo in New England and there will be no cost to the public.
Mr. Conley also speaks on the composition of the bond issues, and states his concern that the Looff Carousel repairs were grouped with several other items. Mayor Larisa responds to Mr. Conley’s questions and explains how the bond issues were grouped.
Carousel Zoo Show.
Discussion on composition of bond issues.
5. Cheryl Gibbs - East Providence Community Center Interim Director, is sworn in and proceeds to address the council with a request for funding to help the Center. She speaks about the various programs offered by the Center.
Mr. Lemont states that he met several times with members of the Center and tried to help save the organization. He asked them to come in monthly with their income and expense statements. He says that to his knowledge, the problem has not been solved, and the Community Center has not paid the City rent since April 2001. He says they were also in arrears to numerous organizations, including Narragansett Electric. He told them that if it appears to him that they can get some resources through grants or other fundraising efforts, he would forgive the rent. He says that as of today, there has been no indication that anything has been done to solve the problems. He goes on to say that he would not recommend the City to give any money to the Center.
Ms. Gibbs asks for the release of CDBG money, and Mr. Lemont states that the CDBG money can’t be used to pay back rent, that it has to be used for programs. It is determined that the back rent is $10,500.
It is finally decided that Mr. Lemont meet with Ms. Gibbs to see what can be done.
Requesting to address the Council regarding funding to help the Center.
6. Maryann Matthews, Outlook Avenue, requesting to address the Council regarding the following:
1.
a. Change of ordinance on involuntary tows to require police to give notice: of driver/owners choice of towing company (including AAA which is not necessarily coming from EP). If using Company from the tow list, provide the Name, phone number and address of the towing company. Of fee structure specifically that the first 5 hours are free and storage is calculated by calendar day. Advice driver/owners that the towing company must be open or have vehicle available 24/7.
b. Change of required location for licensing of Towing Company. Change from within Corporate City to County or 10 mile radius of Corporate City.
c. Removal of Ocean State Towing Company from the Police Tow List and or Probation of Licence. This Company has continually practiced in an unprofessional manner, with intentional discourtesy and offensive demeanor. They do not carry appropriate business information material (business cards, written material with company name address, phone numbers & hours). They misrepresent their office hours as the only time to communicate vehicle pickups (office is not open 24 hours) in order to increase fees.
Maryann Matthews, 51 Outlook Avenue, East Providence, Rhode Island, is present and sworn. Chief Gary Dias says there is no state law that requires Tow Truck operators to be open 24/7. He says people have the right to call AAA to have their car towed.
Chief Dias shows the Council a card that Coastal Towing provides for its customers, which explains the rights of the citizen, along with the towing fees. Mayor Larisa asks Mr. Conley to prepare an ordinance for the next meeting which will make it mandatory for tow truck operators to provide their customers with a similar card.
d. Request for report from the Housing or Zoning Officer(s) on Auto Dealer on Pawtucket Ave at I195 on ramp. No visible building permit, clear occupancy prior to completion, no business name or signage.
Ms. Matthews questions how the business can operate without building permits. Mr. Lemont responds by saying that the proper permits have been taken out for the building, and the State will be issuing a permit within the next 10 days to sell the used cars. The City Clerk states that the dealership will need to apply for a Secondhand Dealer license, which must be advertised for a public hearing before they can operate in the City.
On motion of Councilman Miranda, seconded by Councilman Grant, and on a roll call vote, it is unanimously voted to go into Executive Session in accordance with Section 42-46-5 of the “exceptions” of Chapter 46 of the General Laws, pursuant to Section 42-46-5-(a)(1) [Job Performance].
The meeting recesses and goes into Executive Session at 9:20 p.m.
The meeting reconvenes at 10:00 p.m. with all Council members present.
A motion is made by Councilman Grant, seconded by Councilman Midgley, and unanimously voted to set the salary of the Clerk for the Board of Canvassers at $43,000, beginning with the day the prior clerk retired, and to review the job performance of the new incumbent within six (6) months.
There being no further business, the meeting adjourns at 10:01 p.m.
Attest:
Valerie A. Perry, CMC
City Clerk