| | CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING SEPTEMBER 3, 2002 | |
The City Council meets in the Council Chamber on Tuesday, September 3, 2002 and is called to order at 7:40 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 Rogers. The Salute to the Flag is led by Mayor Larisa.
On motion of Councilman Grant, seconded by Councilman Miranda, and on a roll call vote, the Consent Calendar is approved.
CONSENT CALENDAR
1. Approval of Council Journals
Regular Meeting - August 13, 2002
2. Coastal Resources Management Council - File No. 02-07-33 - ASSENT to construct and maintain a residential boating facility consisting of a 4'X100' fixed timber pier, ramp and 10'X15' float, per attached plan. (Margaret F. and Joseph M. Rock. 114 Riverside Drive Plat #414. Block #22, Lot #7)
3. Coastal Resources Management Council - File No. 02-07-68 - Construct public park area (“Rose Larisa Memorial Park”), per plans; located at Block 13, Map 414, Parcel 7; Block 13, Map Parcel 8; Block 13, Map 414, Parcel 8.1; Block 13, Map 413, Parcel 1; Bullocks Point Avenue and Beach Road, East Providence, RI (City of East Providence)
3. Coastal Resources Management Council - File No. 02-08-06 - FINDING OF NO SIGNIFICANT IMPACT - to remove and replace roofing shingles at 67 Terrace Avenue, Plat 414, Lot 2 (Paul Gionfriddo)
4. Coastal Resources Management Council - File No. 02-07-38 - ASSENT for “As Built” construction of timber retaining wall and stairs; removal of unauthorized mulch in buffer zone; restorative plantings within the buffer zone; located at plat 414, Block 1, lot 7; 47 Carousel Drive (Michael & Leigh Eddy)
5. Coastal Resources Management Council - FINDING OF NO SIGNIFICANT IMPACT - Strip roof install ½" KDX plywood, re-shingle, replace soffit and fascia located at 92 Washington Avenue - Plat 311-18 lot 11 (Roland J. Vincent)
CITY COUNCIL SITTING AS LICENSING COMMISSIONERS
LICENSES NOT REQUIRING PUBLIC HEARING
1. Peddler/Jewelry, Etc. (Deferred from August 13, 2002)
Leslie McClain, 393 Waterman Avenue
The City Clerk informs the Council that the application has been withdrawn.
2. Peddler - Ice Cream
Donald W. Klemanchuck, dba Don’s Frozen Lemonade & Ice Cream, 15 Baker Street, East Providence, RI
Subject to approvals of Police Chief and Health Inspector
The Applicant is not present. On motion of Councilman Grant, seconded by Councilman Midgley, it is unanimously voted to Defer.
3. Laundry/Drycleaners - Transfer
From E&S Enterprises Inc., dba American Coin Laundry
To Jenny Chacon, dba Chacon Laundry & Drycleaning - 686 No. Broadway
Jenny Chacon, 4 Forest Hill Drive, Johnston, Rhode Island is present and sworn.
The applicant informs the Council that she will be open 7 days per week. There is some discussion about the legality of laundries being opened on Sunday. The City Clerk states that she believes this is one instance that the business is not allowed to be open on Sunday. It is decided that this issue will be looked into.
On motion of Councilman Midgley, seconded by Councilman Grant, it is unanimously voted to approve the license transfer, subject to approvals of Police Chief and Building Inspector.
4. Laundry - Transfer
From Tarek Shikhalard and Amer Chikhalared
To TEW Inc., dba Willett Laundromat - 181 Willett Avenue
Timothy Woodward, 219 New Meadow Road, Barrington, Rhode Island
Mr. Woodward says he checked with the City Clerks office and was told he didn’t need a Sunday license to operate on Sundays.
Mr. Conley asks the Council to give him a few minutes to research the law on Sunday sales. He later finds the information and states that because the business is a service, it does not need a Sunday Sales license.
On motion of Councilman Rogers, seconded by Councilman Midgley, it is unanimously voted to approve the license for six days, subject to approvals of Police Chief and Building Inspector.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
PUBLIC HEARINGS
ORDINANCES - FINAL PASSAGE (Given first passage August 13, 2002)
Advertised - Providence Journal - August 16, 2002
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 18-307 entitled “Parking prohibited at all times.”, adding:
NORTH BROADWAY (west side) from KING PHILLIP ROAD to ALGONQUIN ROAD.
CHAPTER NO. 223
(Requested by Director of Public Works)
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.
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 AVE. (south side) from NO. BROADWAY to a point east for 400 feet.
CHAPTER NO. 224
(Requested by Director of Public Works)
There is no one 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 for Final Passage.
NEW BUSINESS
CITY MANAGER
Presentation of Budget for Fiscal Year 2002-2003 to City Council
Mr. Lemont hands out a copy of the budget to the Council. He says copies will be available later in the week in the Clerk’s office.
Mr. Conley answers questions about the dates of adoption. He says the budget must be adopted at least seven days before the end of the fiscal year (October 24, 2002). If anything is added to the budget, it must be readvertised with a public hearing scheduled at least five days after the advertising. It is decided that the public hearings on the budget will begin at the next Council meeting, September 17, 2002.
Mr. Lemont reports that the proposed budget increase is 5.46% over last year’s budget.
City Manager’s Report
· Mr. Lemont reports that Waddington School will open tomorrow. He says that there is still some work that has to be done in the boiler room, but it won’t interfere with the school’s operation. Also, the City is saving over $2 million because of the interest the City Council took in the project. Mayor Larisa says he has asked the City Clerk to provide him with the information on the City Council vote to make this part of the competitive bidding process.
· Mr. Lemont reports that Taco, who previously reported that they were not coming to East Providence, has a Purchase & Sale Agreement for the former Highland America building on Dexter Road
· Mr. Lemont has the Fire Chief, Gerald Bessette, come forward and commends him for the work on the new Fire Station and says that this is an example of how a good Fire Station should be built. Chief Bessette announces that an Open House and dedication will be held on September 28th and says the general public is invited.
· Mr. Lemont mentions the Ted Williams display in the City Hall Lobby and invites the public to visit City Hall to view it.
· Mr. Lemont recommends naming the Little League Field at Hull Street Playground in honor Al Fascio, and to get an appropriate plaque and have a dedication.
· Mr. Lemont says he will have the figures on Rose Garden Soccer Field at the next meeting.
On motion of Councilman Grant, seconded by Councilmen Miranda and Rogers, and on a roll call vote, it is unanimously voted to approve.
On motion of Councilman Grant, 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
| · | Whitfield, John Claim No. 02-37 | Approve |
| · | Fonseca, Anthony & Karen Claim No. 02-33 | Approved |
| · | Casey, Margaret Claim No. 02-36 | Approved |
| · | J. H. Lynch & Sons v. City of East Providence | Referred to Law Department |
On motion of Councilman Grant, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to accept as presented.
COUNCIL MEMBERS
(By Councilman Patrick A. Rogers)
1. Freedom Green Memorial Bench - Carol DelleFemine Bouchard
Councilman Rogers speaks about the construction at Freedom Green and says it is hoped that the dedication will take place in early October. He says over 150 trees will be planted at the site. He states that Richard DelleFemine and his family want to make a donation in his sister’s memory.
Richard DelleFemine speaks on the donation. He talks about his sister, Carol DelleFemine Bouchard, who was a passenger on the first plane that flew into the World Trade Center on September 11, 2001. He reads from a plaque that he has asked be placed on a bench for the park.
Councilman Rogers also notes that the families of Lucy Fonseca and Major McGregor are also considering similar donations.
2. Turner Reservoir Cleanup
Councilman Rogers announces that there will be a clean-up event at the Turner Reservoir in the near future, with Boy Scouts, Girl Scouts, and other groups taking part. He says details will be given soon.
3. Joint City Council/School Committee Meeting
Councilman Rogers asks for a joint meeting with the School Committee before the public hearing on the budget. Councilman Miranda agrees with Councilman Rogers and says he has been trying to get this done since he was first elected. After further discussion, it is decided to hold the meeting on September 17, 2002 at 6:30 p.m., one hour before the regular Council meeting.
Unanimous Consent - Mayor Larisa
Mayor Larisa receives unanimous consent to speak about the upcoming primary, and he urges people to get out and vote.
INTRODUCTION OF ORDINANCES
The following ordinance provides for an enhanced penalty for repeat violations of city ordinances.
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 Sec. 2-277 entitled “Fines; penalties; imprisonment.” to read as follows:
(a) The municipal court may impose a sentence not to exceed 30 days in jail and impose a fine not in excess of $500.00 or both, and shall be empowered to punish persons for contempt.
(b) Any individual, partnership, corporation or business which is found by the Municipal Court to be in violation of any city ordinance more than once in any twelve month period shall be assessed a penalty of not less than two times the amount of the fine assessed in the prior violation and court costs. Said fine may not exceed the maximum amount otherwise allowed for the violation.
(c) The municipal court may also impose sentences as otherwise provided for by ordinances of the city and the laws of the state.
(Requested by Councilman Peter F. Midgley)
On motion of Councilman Miranda, seconded by Councilman Grant, it is unanimously voted to dispense with the reading of the ordinance.
Mr. Midgley speaks on the ordinance. He says this will give the Court a little more leverage to take care of repeat violators.
On motion of Councilman Midgley, seconded by Councilman Miranda, it is unanimously voted to approve for First Passage.
Unanimous Consent - Councilman Miranda
Mr. Miranda states that we are not getting the service we should be getting regarding streetlights that are not operating. He says he has called several times and has had no response. Mr. Lemont says he will look into it. Councilman Midgley urges people to call if they see a light out.
The following ordinance adds a stop sign at Barnsdale and Interlocken Roads.
AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “VEHICLES AND TRAFFIC”, which amends Sec. 18-269 entitled “Stop and yield intersections designated; when stops required.” by adding thereto the following
BARNSDALE ROAD (southbound traffic) at Interlocken Road.
(Requested by Director of Public Works)
On motion of Councilman Grant, seconded by Councilman Rogers, it is unanimously voted to approve for First Passage.
The following ordinance adds a stop sign at Martin and Brown Streets.
AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “VEHICLES AND TRAFFIC”, which amends Sec. 18-269 entitled “Stop and yield intersections designated; when stops required.” by adding thereto the following:
MARTIN STREET (eastbound and westbound traffic) at Brown Street.
(Requested by Director of Public Works)
On motion of Councilman Rogers, seconded by Councilman Miranda, it is unanimously voted to dispense with the reading of the ordinance and the following ordinance.
On motion of Councilman Miranda, seconded by Councilman Rogers, it is unanimously voted to approve for First Passage.
The following ordinance adds a stop sign at Nelson and Thatcher Streets.
AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “VEHICLES AND TRAFFIC”, which amends Sec. 18-269 entitled “Stop and yield intersections designated; when stops required.”by adding thereto the following:
NELSON STREET (eastbound traffic) at Thatcher Street.
(Requested by Director of Public Works)
On motion of Councilman Grant, seconded by Councilman Miranda, it is unanimously voted to approve for First Passage.
APPOINTMENTS
(By Councilman Rolland R. Grant)
Traffic Control
Nancy Murphy 45 Allerton Avenue 02914
On motion of Councilman Miranda, seconded by Councilman Grant, it is unanimously voted to approve.
Carousel Park Commission - Alternate
David Platt 66 Unity Avenue 02914
On motion of Councilman Grant, seconded by Councilman Rogers, it is unanimously voted to approve.
(By Councilman Peter F. Midgley)
Carousel Park Commission - Alternate
Richard Silva 45 Leroy Drive 02915
On motion of Councilman Midgley, seconded by Councilman Rogers, it is unanimously voted to approve.
COMMUNICATIONS
Jonathan J. Munson, 18 Rye Street, Seekonk, Massachusetts requesting to purchase land abutting his property.
On motion of Councilman Midgley, seconded by Councilman Rogers, it is unanimously voted to refer to the Planning Board.
1. Gregory DeCastro, 272 Thatcher Street, requesting to block off Thatcher Street from Ruth Avenue to Nelson Street between the hours of 6 - 10PM on September 7, 2002 for a neighborhood Block Party.
On motion of Councilman Rogers, seconded by Councilman Grant, it is voted 4-0 to approve. It is noted for the record that Councilman Miranda is absent for the vote.
2. William C. Maaia, 18 Bourne Avenue, requesting to block off Bradley Street at the corner of Bourne Avenue and Bradley Street, and Horsford Avenue and Bradley Street, on September 7, 2002 from 3:00 - 7:00 p.m. for a neighborhood block party.
On motion of Councilman Miranda, seconded by Councilman Grant, it is unanimously voted to approve.
3. Maryann Mathews, 51 Outlook Avenue, requesting to speak on the following:
· Council Permission to review or study the possible use of Tristam Burgess School for a Youth Resource Center.
Mr. Lemont states that Tristam Burges is non-compliant with all of the ADA requirements and is filled with asbestos. He said plans are in the works to tear the building down and to build a new Fire Station to replace Station 1. He says it is cost prohibitive to save the building.
Discussion takes place on the School Resource Officer grant. Ms Mathews states that she heard the grant may not go through. Councilman Miranda asks the Police Chief to answer questions about the grant. The Chief states that there is a 50/50 chance of getting the money. Because the focus is now on Homeland Security, the funds may not be available.
· Request a report on the policy restricting fire trucks from using the Parkway south of South Broadway
Mr. Lemont reports that Veterans Memorial Parkway was designated a Historic road several years ago, and truck traffic has not been permitted on the parkway for as long as he can remember. He says fire trucks travel on the parkway if they have to make calls to houses on the parkway. He said the difference of traveling on the parkway and going by way of Warren Avenue to Pawtucket Avenue is only 2 tenths of a mile, and he doesn’t think it will have an impact on anything.
· Request a report on actions taken, if any, on the auditors recommendations with regards to the CDBG funds.
Mr. Lemont reports that the Finance Director has met with the Director of CDBG and they discussed the recommendations and says they are being taken care of. James McDonald, Finance Director, explains the auditors recommendations. He reports that there was a clerical error in the lead program, which the auditors did not find as a major violation.
· Request for council to provide office space for DHS Services.
Mr. Lemont reports that the state is running the system, and we had a satellite office here. He said he has been looking for a solution for many years, but was told by the state that the day was coming that there would be a consolidation of offices. He says in the interim period, several buildings in the city were looked at and nothing panned out. He says that the state does not think there will be any hardship imposed by using the office in Pawtucket.
After further discussion, all Council members agree to refer the matter to the Planning Department.
The meeting adjourns at 9:25 p.m. on a motion by Councilman Midgley, seconded by Councilman Rogers.
Attest:
Valerie A. Perry, CMC
City Clerk Approved: September 17, 2002