| | CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING NOVEMBER 14, 2002 | |
The City Council meets in the Council Chamber on Tuesday, November 14, 2002 and is called to order at 8:10 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.
Lori Merolla, Merandi Reporting, is present to record the proceedings of the public hearings.
CONSENT CALENDAR
1. Approval of Council Journals
Regular Meeting - October 15, 2002
Emergency Meeting - October 18, 2002
Closed Session - Litigation - October 18, 2002
2. Coastal Resources Management Council - NOTICE - to construct and maintain a residential boating facility consisting of a 4'x68' fixed timber pier, ramp, and 18'x8' float.
Plat No. 414, Lot 3, Block 20 - 214 Riverside Drive (Thomas and Linda Grablick)
3. Decision - 2002 Tax Roll, Tax Board of Review
YEAR AMOUNT
2002 $13,013.43
4. CANCELLATION/ABATEMENTS - Albert S. Ereio, Tax Assessor
YEAR AMOUNT
2002 $2,327.50
2001 248.20
2000 65.30
Total $2,641.00
5. Agawam Hunt Agreement
6. Addendum - Consent Calendar - Licenses - Tag Days - November 16, 17, 2002
Pop Warner Football/Cheerleading - c/o Kerry Debonis 120 Peach Orchard Drive
On motion of Councilman Rogers, seconded by Councilman Grant, and on a roll call vote, it is unanimously voted to approve the Consent Calendar as amended.
CITY COUNCIL SITTING AS LICENSING COMMISSIONERS
LICENSES REQUIRING PUBLIC HEARING
ALCOHOLIC BEVERAGE LICENSE RENEWALS ‑ For year commencing
Dec.1, 2002 - Advertised ‑ East Providence Post ‑ October 10, 17, 2002
CLASS A (RETAILERS)
Barrington Liquors, Inc., 618 Warren Avenue
Clift’s Liquors, Inc., dba Christy’s Liquors, 191 Willett Avenue
Haxtons of Riverside, Inc., 1086 Willett Avenue
Jordans Beverage Store, Inc., dba Jordans Liquors, 199 Taunton Avenue
Liquor Depot, Inc., dba Douglas Wine & Spirits, 1235 Wampanoag Trail
Maia Brothers Liquor Mart, Inc., 208 Warren Avenue
O’Dell Enterprises, Inc., dba Brookfield Liquors, 470 North Broadway
Riverside Liquors, Inc., 225 Bullocks Point Avenue
Town Liquor Co., Inc., dba Town Wine & Spirits, 179 Newport Avenue
B-FULL PRIVILEGE (VICTUALING)
141 Corp., dba Uncle Tony’s Pizza & Pasta, 141 Newport Avenue
AJR Restaurant Group, Inc., dba Estrella Do Mar, 736 North Broadway
Barbosa Family Restaurants, Inc., dba Josephs Restaurant, 315 Waterman Avenue
Beef Hearth, Inc., dba Chelo’s, 63 Newport Avenue
Bertucci’s Restaurant Corp., dba Bertucci’s Brick Oven Pizzeria, 60 Narragansett Pk Dr
Blankenship, Kevin, dba AN. Broadway Pizza & Pub, 525 N. Broadway
Brinker Rhode Island, Inc., dba Chili’s Grill & Bar, 50 Highland Avenue
Cape Verdean Progressive Center, 329 Grosvenor Avenue
Centre Court Inc., The, 55 Hospital Road
Chelo’s of East Providence, Inc., 911 Warren Avenue
Comedy Connection of RI, Inc., dba Comedy Connection, 39 Warren Avenue
Davenport’s Bar & Grill, Inc., dba Davenport’s Restaurant, 1925 Pawtucket Avenue
James Dillenbach, dba 305 Club, 305 Lyon Avenue
Dolce’s Restaurant, Inc., dba Bovi’s Town Tavern, 287-289 Taunton Avenue
E & E Restaurant, Inc., dba 133 Club, 29 Warren Avenue
East Providence Yacht Club, Inc., 9 Pier Road
Holy Ghost Beneficial Brotherhood of Rhode Island, 51 North Phillips Street
Holy Ghost Brotherhood of Charity, 59 Brightridge Avenue
Hong Meas Restaurant Inc., dba Hong Meas Restaurant, 332 Warren Avenue
Joe’s On Broadway, Inc., dba Joe’s On Broadway, 968 Broadway
Lane Foods, Inc., dba Greggs Restaurant, 1940 Pawtucket Avenue
LaRosa Restaurant, Inc., dba LaRosa Restaurant, 335 Newport Avenue
Lees Restaurant and Lounge, Inc., dba Lees Restaurant and Lounge, 376 Bullocks Pt Ave
Lincoln Bar & Grill, Inc., 24 Monroe Avenue
Little Lucy’s Lunch, Inc., dba Red Bridge Tavern, 22 Waterman Avenue
Loggia Luce Moderna 1112, 99 Hicks Street
Merrill Lounge, Inc., dba Merrill Lounge, 535 North Broadway
Milho, Albertino R., dba Madeira Restaurant, 288-290 Warren Avenue
Milho, Albertino R., dba Milho’s, 308 Warren Avenue
P & G Bowling, Inc., dba East Providence Bowling Center, 80 Newport Avenue
Panski’s Pub Ltd., dba Panski’s Pub, 446 Waterman Avenue
Portuguese American Athletic Club, 281 Warren Avenue
Pub Ventures, Inc., dba Mulhearn’s Pub, 507 North Broadway
PWRPJ, Inc., dba Rockin’ Times, 478 Waterman Avenue
Riviera Inn Dining and Banquet Co., 580 North Broadway
Roast House Pub & Restaurant Corp., dba The Roast House, 40 Newport Avenue
Rodrigues Restaurant, Inc., dba B&B Sports Tavern, 281 Massasoit Avenue
S A Z, Inc., dba Town Pizza & Family Restaurant, 949 Willett Avenue
Sancliffe Corporation, dba Star Diner, 140 Newport Avenue
Solmar, Inc., dba Solmar Restaurant, 497 Warren Avenue
Town Pub, Inc., 311 Taunton Avenue
Tropical Ilhas, Inc., 472 Waterman Avenue
Vartan Athens Pizza, Inc., dba Athens Pizza, 2830 Pawtucket Avenue
Watchemoket Bar, Inc., dba Watchemoket Bar, 31 Warren Avenue
Wong Restaurant Corporation, dba Rickshaw Inn, 181 Willett Avenue
Young China Restaurant, Inc., 250 Warren Avenue
B-LIMITED (VICTUALING)
Ban Chiang, Inc., dba Siam Square Restaurant, 1050 Willett Avenue
Barros, Rose Marie, dba Casa Brasil/Café Brazil, 543-545 North Broadway
Boston House of Pizza, Inc., 540-542 Taunton Avenue
Bowling Academy, Inc., 354 Taunton Avenue
Dedeyan, Mkrtich, dba Minerva Pizza House, 1022 South Broadway
Delops, Inc., dba Papa Gino’s, 80 Highland Avenue
Delops, Inc., dba Papa Gino’s, 12 Narragansett Park Drive
East Buffet, Inc., dba East Buffet Restaurant - 52 Narragansett Park Drive
East Prov. House of Pizza, LLC., 187 Willett Avenue
Farnsworth Café, LLC, dba Farnsworth Café, 302 Willett Avenue
Goncalves, Maria D.N., dba Dolores Place, 330 Warren Avenue
Happy New Buffet Inc., 1925 Pawtucket Avenue
Horton’s Seafood, Inc. , dba Horton’s Seafood, 809 Broadway
JPCT Sports LLC, dba Tennis Rhode Island, 70 Boyd Avenue
K & G Enterprises, Inc., dba Restaurant La Camelia, 92 Waterman Avenue
Paiva’s Restaurant Corp., dba O’Dinis Restaurant & Tavern, 579 Warren Avenue
Silva, Rosalie M., dba Riverside Depot Deli, 250 Bullocks Point Avenue
Verna, Jean, Inc., dba Theo’s Family Restaurant, 1175 Warren Avenue
C (SALOON)
Carl & Arthur Quattrucci, dba Monforte’s Bar, 493 Waterman Avenue
D-FULL PRIVILEGE
Agawam Hunt, 15 Roger Williams Avenue
Columbus Club of Barrington, 1 Viola Avenue
Columbus Club of East Providence,3200 Pawtucket Avenue
East Providence Athletic Club, 118 Mauran Avenue
East Providence Fraternal Order of Eagles 1773, 334 Waterman Avenue
Holy Ghost Brotherhood Mariense, 846 Broadway
Metacomet Country Club, 500 Veterans Memorial Parkway
Riverside Post Holding Co., Inc., 830 Willett Avenue
Riverside Sportsmans Assoc., 1 Sportsman Drive
Rumford Columbus Club, 1 New Road
Squantum Association, Squantum Club, 947 Veterans Memorial Parkway
Teofilo Braga Brotherhood and Literary Club, 26 Teofilo Braga Way
Trinity Brotherhood, 146 Sutton Avenue
Veterans of Foreign Wars, Primmer-Cordeiro Post 5385, 165 Lyon Avenue
Wannamoisett Country Club, 96 Hoyt Avenue
There are no persons from the public wishing to be heard.
On motion of Councilman Miranda, seconded by Councilman Rogers, and on a roll call vote, it is unanimously voted to approve all licenses, subject to existing stipulations, Police Chief’s approval and up-to-date payment of all City and State taxes.
Secondhand/Autos (Advertised E.P. Post - October 17, 2002)
Mikel A. Perry, dba Tony’s Auto Sales & Service - 10 Pier Road, East Providence, RI
Mikel A. Perry, 119 Lyon Avenue, East Providence, Rhode Island is present and sworn.
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, subject to approvals of Police Chief, Building Inspector, and Zoning Officer.
LICENSES NOT REQUIRING PUBLIC HEARING
PEDDLER/HAWKER (Deferred from October 15, 2002)
Gina M. Cruz, dba - A&S Novelty - 912 Branch Avenue, Providence, R.I.
Gina M. Cruz, 23 Francis Avenue, Mansfield, Massachusetts, is present and sworn.
Mr. Conley explains that this matter was deferred from the last meeting. There was a previous Hawkers/Peddler license at this location. Mr. Conley asks Ms. Cruz if she is the same vendor selling pocketbooks at the corner of Warren and Pawtucket Avenues. She is not the same vendor, but works for the same company - A&S Novelty - that is licensed for that location.
Susan Fidalgo, 52 Burgess Avenue, East Providence, Rhode Island is present and sworn.
She states that she wants the license under her name, rather than A&S Novelty. She says she began selling t-shirts and novelties at the Dunkin Donuts parking lot, and now is selling pocketbooks, and no one seems to have a problem with it. Mr. Conley states that complaints have been received because the use of the site has expanded significantly beyond what people thought the license was to be used for.
Ms. Fidalgo says she can sell just flowers if that is what the Council wishes.
Mr. Conley states that the minutes reflect permission was granted to sell t-shirts, flags and pins, and occasionally - flowers. Anything other that those things is beyond the scope of the license. It is noted that the applicant should cease and desist the selling of pocketbooks.
After further discussion, on motion of Councilman Miranda, seconded by Councilman Grant, it is unanimously voted to defer to a recommendation from the Solicitor on the existing license and future licenses.
Yard Sale - No. 4 November 16 - 17, 2002
(Previous yard sale dates 4/27-28, 6/1-2, 6/28-29)
Don Cabral, 86 Brookhaven Drive, East Providence, RI
Withdrawn by applicant.
Victualing/Not over 50
Yun Yan Chen, dba Mei Singh Chinese Restaurant - 2827 Pawtucket Avenue
The applicant is not present.
On motion of Councilman Grant, seconded by Councilman Midgley, it is unanimously voted to defer to the next meeting.
Victualing/Not over 50 - Transfer
From Riverside Donuts Inc., to Willett Ave. Donuts, Inc., dba Dunkin Donuts -
925 Willett Avenue
Carlos Placeido, 12 Lila Jean Dr., Bristol, Rhode Island is present and sworn.
On motion of Councilman Midgley, seconded by Councilman Miranda, it is unanimously voted to approve, subject to approvals from Police Chief, Building Inspector, and Health Inspector.
Laundry/Dry Cleaners
Convenience Centers of America LLC, dba Launderplus - 1050 Willett Avenue
L. James Spiro, 52 Sea Breeze Lane, Bristol, Rhode Island is present and sworn.
Discussion is held on the Sunday operation of Drycleaners/laundries. Because he has coin operated machines, he can be open on Sundays in compliance with State law.
On motion of Councilman seconded by Councilman, it is unanimouysly voted to approve, subject to approvals from Police Chief and Building Inspector.
Pool Table (1)
Kevin Blankenship, dba N. Broadway Pizza & Pub, 525 No. Broadway, residing at 15 Hemalin Street, Cranston, RI is present and sworn.
Mr. Rogers states his concerns about putting a pool table in the establishment, which he says might not be good for the neighborhood and it would change the potential clientele. Mr. Blankenship says their businesses gets slow around 9 pm and they are trying to attract more people at night. It is suggested that the applicant be given a temporary license for 90 days. The applicant agrees.
On motion of Councilman Miranda, seconded by Councilman Grant, it is unanimously voted to approve for 90 days, subject to approvals of the Police Chief and Building Inspector.
Pool Table (Sunday)
Kevin Blankenship, dba N. Broadway Pizza & Pub, 525 No. Broadway
On motion of Councilman Miranda, seconded by Councilman Grant, it is unanimously voted to approve, subject to approvals of the Police Chief and Building Inspector.
Video (1)
Kevin Blankenship, dba N. Broadway Pizza & Pub, 525 No. Broadway
On motion of Councilman Grant, seconded by Councilman Midgley, it is unanimously voted to approve, subject to approvals of the Police Chief and Building Inspector.
Video (Sunday)
Kevin Blankenship, dba N. Broadway Pizza & Pub, 525 No. Broadway
On motion of Councilman Grant, seconded by Councilman Midgley, it is unanimously voted to approve, subject to approvals of the Police Chief and Building Inspector.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
PUBLIC HEARINGS
ORDINANCES - FINAL PASSAGE (Given first passage October 15, 2002)
Advertised - Providence Journal - October 18, 2002
AN ORDINANCE ORDERING THE ASSESSMENT AND COLLECTION OF PROPERTY TAX ON THE RATABLE REAL ESTATE, TANGIBLE PERSONAL PROPERTY AND AN EXCISE TAX ON REGISTERED MOTOR VEHICLE AND TRAILERS.
THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:
SECTION I: That the City Council of the City of East Providence hereby orders the assessment and collection of a tax on ratable real estate, tangible personal property and an excise tax on registered motor vehicles and trailers in a sum not less than Sixty-two Million Four Hundred Sixteen Thousand Nine Hundred ($62,416,900) Dollars nor more than Sixty-three Million Four Hundred Sixteen Thousand Nine Hundred ($63,416,900) Dollars said tax is for ordinary expenses, for the payment of interest and indebtedness, in whole or in part, of said city, and for other purposes authorized by law.
The Tax Assessor shall assess and apportion said tax on the inhabitants and ratable property of said city as of the 31st day of December, 2002at twelve o'clock Eastern Standard Time, according to law, and shall on completion of said assessment, date and sign same and shall make out and certify to the City Treasurer of the City of East Providence, who is charged with the duties for the collection of taxes, on or before the 13th day of June, 2003 complete list of the names of the persons taxed and of the total value of all the real estate assessed against each person, and also the amount of registered motor vehicles and trailers assessed against each person, and also the total amount assessed against each person on said real estate, personal estate and registered motor vehicles and trailers, opposite the name of the person or persons assessed. Upon receipt of the certified tax list by the City Treasurer, he shall proceed and collect said tax on the persons and estates liable thereof; said tax shall be due and payable on and between the 2nd day of June 2003 and the 1st day of July, 2003 and provided further that if said tangible personal property and real estate taxes are paid in full on or before the 1st day of July, 2003, a discount of four per centum (4%) of the total taxes on said tangible personal property and real estate shall be granted, and all taxes remaining unpaid on the 1st day of July, 2003 shall carry until collected a penalty at the rate of twelve per centum (12%) per annum from the 2nd day of June, 2003 upon said unpaid tax, however, said taxes may be paid in four installments; the first installment of twenty-five per centum (25%) on or before the 1st day of July, 2003, the second installment of twenty-five per centum (25%) on or before the 1st day of September, 2003, the third installment of twenty-five per centum (25%) on or before the 1st day of December, 2003 and the fourth installment of twenty-five per centum (25%) on or before the 2nd day of March, 2004.
Each installment of taxes if paid on or before the last day of each installment period successively in order, shall be free from any charge of interest.
If the first installment or any succeeding installment of taxes is not paid by the last date of the respective unpaid balance period or periods as they occur, then the whole tax or remaining unpaid balance of the taxes as the case may be shall immediately become due and payable and carry until collected a penalty at the rate of twelve per centum, (12%) per annum.
The City Treasurer shall, by advertisement in the public newspaper having circulation in the City of East Providence, notify all persons assessed to pay their respective taxes at his office on and between the said 2nd day of June, and the 1st day of July, 2003 both days inclusive; said City Treasurer setting forth the hours during which his office shall remain open to receive said taxes.
SECTION: II. That any of said taxes not paid on or before the 2nd day of March, 2004 shall forthwith be collected by levy upon the sale of real estate upon which it is assessed and by that or other due process of law in case of assessment upon personal property. CHAPTER NO. 232
On motion of Councilman Miranda, seconded by Councilman Grant, 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 Councilmen Grant and Miranda, and seconded by Councilman Midgley, and on a roll call vote, it is unanimously voted to approve for Final Passage.
AN ORDINANCE AUTHORIZING THE DIRECTOR OF FINANCE TO BORROW FUNDS IN ANTICIPATION OF TAXES CHAPTER NO. 233
On motion of Councilman Grant, seconded by Councilman Midgley, and on a roll call vote, it is unanimously voted to approve for Final Passage.
The following ordinance provides liability protection for city officials in civil proceedings arising out of or relating to their service to or employment with the City.
AN ORDINANCE IN AMENDMENT OF CHAPTER 11 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “PERSONNEL, PENSIONS AND RETIREMENT”, which amends SECTION I. Article III. Entitled “Personnel Plan” adding:
Sec 11-95. Liability Protection.
In the event that a member of the city council, the city manager, or any officer of the city appointed by the city council is sued in any civil proceedings arising out of or elated to actions performed in the course of their service to or employment with the city of East Providence, the city shall defend such individual against the civil claim and pay any judgment and costs resulting therefrom. The city shall have the right to deny a defense or deny payment for such judgment if it is finally determined by a court of competent jurisdiction that such individual acted outside of the scope of his or her services or employment.
(Requested by the Law Department CHAPTER NO. 234
Mr. Conley explains that this ordinance protects Council appointees. He says the Council has the right to decide on an individual basis whether or not to include previous appointees. He says it is the same language that is in the collective bargaining agreement.
Following Council comments, the meeting is open to public comment.
Jack Fahey, 2535 Pawtucket Avenue, East Providence, Rhode Island is present and sworn. Mr. Fahey questions the ordinance and says he thinks the Council should study it further. Mr. Conley explains the ordinance and the Council comments.
On motion of Councilman Midgley, seconded by Councilman Rogers, and on a role call vote, it is unanimously voted to approve.
On motion of Councilman Grant, seconded by Councilman Miranda, it is unanimously voted to change the order of business to move #4 under Communications to the next item. return to the regular order of business.
Addendum - Communications
J. Ralph McGonigle, authorized agent for Marshall Properties, Inc., requesting to address the Council re: Intersection of Evergreen Drive, Warren Ave. and Gateway Center (950 Warren Ave)
Mr. McGonigle is sworn in and addresses the Council regarding a traffic light at the intersection. He states that it will be no cost to the City or State, but it is a matter of public safety. He states that the R.I.D.O.T. has made the reversion of the Evergreen Drive entrance from a one-way back to a two-way entrance as a primary condition for approval of a traffic signal at that intersection.
On motion of Councilman Miranda, seconded by Councilman Rogers, and on a roll call vote, it is unanimously voted to support the request, and to direct the City Clerk to send a letter to R.I.D.O.T. urging them to proceed with all due speed to approve the installation of the traffic signal, at no cost to the City, with a copy of the letter going to Senator Damiani.
On motion of Councilman Grant, seconded by Councilman Miranda, it is unanimously voted to return to the regular order of business.
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 SECTION I Article X entitled “Stopping, Standing and Parking” Subsec 18-315 entitled “Reserved parking designated - Handicapped parking,” adding:
JUNIPER STREET, (north side) in front of house number 249.
(Requested by the Director of Public Works) CHAPTER NO. 235
Mr. Miranda speaks on the ordinance.
There is no one from the public wishing to be heard.
On motion of Councilman Rogers, seconded by Councilman Grant, and on a roll call vote, it is unanimously voted to approve for Final Passage.
CITY MANAGER
Request for City Council approval to award contract for Rose Larisa Park
Mr. Lemont reports that the bids were opened today for the award for the Park, and the matter is now being analyzed. There is no recommendation to the City Council this evening. He asks that it be deferred to the next Council meeting.
$2 million BEDI Grant
Mr. Lemont reports that the GeoNova project is still on target. He says this was the first time the City was involved in the BEDI grant process, a rather lengthy process. After several months, the City was awarded a $2 million initiative.
Jeanne Boyle speaks on the grant and says they were delighted to receive it. She says the grant is to the City, not the Developer. The Developer is meeting with local banks to come up with the remaining financing.
Sale of City Property to Self-Help
Mr. Lemont speaks on the proposed agreement between the City and Self-Help, with regard to the Riverside Recreation Building. He says the Council authorized him to sit with them and negotiate a purchase and sales agreement for them to take over that property. He says it is agreeable to the principals of Self-Help and recommends selling the building to them for $1.00. The City will keep its presence for as long as needed with the Recreation Center and Library. Self-Help will take over the responsibility for the major repairs, the largest portion of the heating, the lighting of the building. He says that if in the future Self-Help has no longer a need for the building, there is an automatic reverter clause to the City.
It is decided to defer to the next meeting because the information was not in the City’s packet.
The meeting recesses for five minutes.
Discussion of new Fire Station 3
Mr. Lemont speaks on the stories that have been circulating about code violations of the new fire station. He says the station is now occupied, but still the rumors persist.
He asks Chief Bessette to update the Council on the status of the subject.
Chief Bessette says before the building was occupied, all inspections were done and all codes were met. He says he was Deputized by the State Fire Marshall to conduct inspection of all fire alarm systems in the City and all life safety matters. He said the State Fire Marshall inspected the building and said it was the last building in the City that anyone should be concerned with.
Councilman Rogers speaks about the newspaper articles that the local paper has printed about the fire station and says that it is irresponsible journalism. Mr. Midgley asks if any code violations were ever found, and the Chief says there were not. The other Councilmembers speak in support of the Chief and the fire station.
City Manager’s Report
None
The City Clerk informs the Council that the applicant for a license deferred earlier in the meeting, is now present. On motion of seconded by it is unanimously voted to return to Licenses Not Requiring Public Hearing.
Victualing/Not over 50
Yun Yan Chen, dba Mei Singh Chinese Restaurant - 2827 Pawtucket Avenue
Yun Yan Chen, Bristol, Rhode Island is present and sworn.
She states that the restaurant will be open from 11 AM to 11 PM.
On motion of Councilman Grant, seconded by Councilman Rogers, it is unanimously voted to approve, subject to approvals of the Police Chief, Building Inspector, and Health Inspector.
The meeting returns to the regular order of business.
REPORTS OF OTHER CITY OFFICIALS
(By William J. Conley, Jr., City Solicitor)
Claims and Litigation Committee Report
| Marc Handy - Claim No. 02-50 | Approve |
| Peter Ditullio - Claim No. 02-53 | Deny |
| Alexander Brito - Claim No. 02-54 | Approve |
| Nationwide Mutual Ins. Co. - Claim No. 02-55 | Refer to R.I.D.O.T. |
| Jason Bodell - Claim No. 02-56 | Approve |
| Allen Stilkey - Claim No. 02-57 | Refer to R.I.D.O.T. |
| Arbella Mutual Ins. Co. - Claim No. 02-59 | Refer to Insurance Carrier |
| Sean Bernier - Claim No. 02-51 | Refer to Insurance Carrier |
| Bridghamshire/Hadsell/Lamp Pole | Defer |
| City v. RI State Labor Relations Board | Withdrawn |
| (Municipal Court Clerks) | |
On motion of Councilman Midgley, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to accept the report as presented.
COUNCIL MEMBERS
By Mayor Joseph S. Larisa, Jr.
Request for Special Meeting
The Council agrees to meet on Tuesday, November 26, 2002 at 1:30 p.m. to hold public hearings on the Ordinances given First Passage tonight and to vote on Final Passage.
INTRODUCTION OF ORDINANCES - (If given first passage, can be referred to the regular Council meeting on November 26, 2002 at 1:30 p.m. for a public hearing and consideration of final passage)
The following ordinance provides for a pension COLA for surviving spouses of a police officer or firefighter killed in the line of duty.
AN ORDINANCE IN AMENDMENT OF CHAPTER 11 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “PERSONNEL”, which amends Subsection (a) of Sec. 11-240 entitled “Service-connected death” to read as follows:
(a) Upon death of a member in the line of duty which qualifies for a benefit pursuant to the federal Public Safety Officers’ Death Benefit Act, regardless of the age or length of service of the member, a surviving spouse shall be entitled to an annuity equal to fifty (50) percent of the member’s rate of salary at the date of his or her death, and effective December 26, 2001 a three (3) percent annual cost of living allowance on a yearly basis from the time the annuity is awarded.
(Requested by Mayor Larisa)
On motion of Councilman Miranda, seconded by Councilman Rogers, it is unanimously voted to dispense with the reading of the ordinance.
On motion of Councilman Miranda, seconded by Councilman Rogers, it is unanimously voted to approve for First Passage.
At the request of the City Council through Resolution No. 31 adopted May 7, 2002, the State legislature amended the general laws enabling the City to license persons selling farm and garden produce, including flowers. This amends our hawkers & peddlers ordinance in conformity with the City Council resolution and amended R.I.G.L. sec. 5-11-1.1.
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 Sec. 8-140 entitled “Definitions” of Article VII entitled “Hawkers and Peddlers” to read as follows:
Peddler means any person selling or offering for sale, any goods, wares, or merchandise whatsoever, including any food or beverage, from a vehicle, cart or any other conveyance which is not stationary, from any public street, highway, public right-of-way, or other location.
Persons selling farm or garden produce, including flowers, and persons selling works of art or crafts of their own making at an art or crafts show or exhibition are deemed to be hawkers or peddlers.
On motion of Councilman Midgley, seconded by Councilman Miranda, it is unanimously voted to approve for First Passage.
The following ordinance prohibits parking on the west side of John Street from Grove Avenue to a point 40 ft. north.
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: JOHN STREET (west side), from Grove Avenue to a point 40 feet north.
(Requested by Director of Public Works)
On motion of Councilman Miranda, seconded by Councilmen Grant and Rogers, it is unanimously voted to approve for First Passage.
The following ordinances deletes the handicapped parking space in front of 58 Russell 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 18-315 entitled "Reserved parking designated--Handicapped parking." by deleting therefrom the following:
RUSSELL AVENUE, (north side) in front of house number 58, from a point 210 feet west of the John Street intersection, westerly for a distance of 20 feet.
(Requested by the Director of Public Works)
On motion of Councilman Miranda, seconded by Councilman Rogers, it is unanimously voted to approve for First Passage.
Addendum:
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." is amended by adding thereto the following:
SUMMIT STREET (east side), in front of house number 83-85, between 7:00 AM to 9:00 AM and 2:00 PM to 4:00 PM, Monday through Friday.
(Requested by Director of Public Works)
On motion of Councilman seconded by Councilman it is unanimously voted to approve for First Passage.
APPOINTMENTS
(By Councilman Norman J. Miranda)
Traffic Control
Lorraine Gomes 104 Fifth Street 02914
On motion of Councilman Miranda, seconded by Rogers, it is unanimously voted to approve.
(By Councilman Rolland R. Grant)
Traffic Control
Mary Wyrostek 64 Lakeside Street 02915
On motion of Councilman Grant, seconded by Councilman Rogers, it is unanimously voted to approve.
(By Councilman Peter F. Midgley)
Harbor Management Commission
Frederick C. Bieberbach, Jr. 40 Union Street (02915)
On motion of Councilman Miranda, seconded by Councilman Midgley, it is unanimously voted to approve.
David Murray 238 Terrace Ave. (02915)
On motion of Councilman Midgley, seconded by Councilman Rogers, it is unanimously voted to approve.
COMMUNICATIONS
R.I. Campaign to Eliminate Childhood Poverty - 32 East Avenue, Pawtucket, RI
Requesting to address the council regarding the East Providence Welfare Office
Maryann Mathews, 61 Outlook Avenue, East Providence, Rhode Island is present and sworn. She asks the Council to provide office space for the Welfare Office. Mr. Lemont states Dennis Roy has suggested opening one room for an office. The matter will be brought back before the Council at the next meeting.
There being no further business, the meeting adjourns at 9:40 p.m on motion of Councilman Rogers, seconded by Councilman Miranda.
Attest:
Valerie A. Perry, CMC
City Clerk