| | CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR CITY COUNCIL MEETING JULY 15, 2008 | |
The City Council meets in the Council Chambers on Tuesday, July 15, 2008 and Mayor Isadore S. Ramos calls the meeting to order at 7:36P.M.
The invocation is read by Councilwoman Perry and the Salute to the Flag is led by Mr. Conley.
Lori Merolla from Merandi Reporting is present to record the proceedings of the public hearing.
| Present: | Mayor Isadore S. Ramos | | |
| | Robert E. Cusack | ) | Council Members |
| | Bruce DiTraglia | ) | |
| | Valerie A. Perry | ) | |
| | Bryan P. Silva | ) | |
| | | | |
| | Richard M. Brown | ) | City Manager |
| | William J. Conley, Jr. | ) | City Solicitor |
| | Virginia B. Nunes | ) | City Clerk |
CONSENT CALENDAR
APPROVAL OF COUNCIL JOURNALS
April 29, 2008 – Joint Workshop
May 6, 2008 – Regular Meeting
May 20, 2008 – Regular Meeting
June 3, 2008 – Regular Meeting
June 17, 2008 – Regular Meeting
ANNUAL BLOCK PARTY – SATURDAY, AUGUST 30, 2008, 2:00 P.M. – 10:00 P.M., RAIN DATE SUNDAY, AUGUST 31, 2008, 2:00 P.M. – 10:00 P.M.
Richard Pumple, 51 Monmouth Drive and Linda Rogers 62 Monmouth Drive (02915) requesting Monmouth Drive South of Stoneham be blocked to Monmouth Drive and Beaver Road.
BLOCK PARTY – SATURDAY, AUGUST 23, 2008, 4:00 P.M. – 10:00 P.M.
Dean Ventre & Roger Morrell, 16 Outlook Avenue (02914) requesting Hawthorne Avenue be blocked to Brightridge Avenue.
6TH ANNUAL BLOCK PARTY – SATURDAY, AUGUST 16, 2008, 12:00 NOON – 8:00 P.M.
Joseph S. Karas, M.D., 10 Ellis Street (02916) requesting Ellis Street from Pawtucket Avenue to Derman Street.
CANCELLATION/ABATEMENTS (Requested by Tax Assessor)
| YEAR | AMOUNT |
| 2008 | $41,702.06 |
| 2007 | $346.46 |
| | |
| Total | $42,048.52 |
| | |
On motion of Councilwoman Perry, seconded by Councilman Silva, and on a roll call vote, it is unanimously voted to approve the Consent Calendar.
Councilman Silva asks and receives unanimous consent to present a Citation to Jim Miller for the Brian “B-Lo” motorcycle ride honoring Brian Lundstrom, a graduate of East Providence High School who was an honor student and exceptional athlete, whose life ended tragically at the age of 18 after an accident. In three years they have raised approximately $65,000 and to date 60 students, residents of East Providence have received scholarships and electronic scoreboard for the baseball field, and a defibrillator for Martin Middle School. The ride this year is Sunday, July 27, 2008 Brightridge Club, 59 Brightridge Avenue 12:00 Noon barbeque, raffles and live music till 6:00 P.M.
APPOINTMENTS
CANVASSING AUTHORITY (by Mayor Ramos)
Peter Barilla (reappointment for a term expiring (3/2014)
12 Miller Avenue (02916)
On motion of Councilman Silva, seconded by Councilwoman Perry and on a roll-call vote, it is unanimously voted to approve.
CONSERVATION COMMISSION (by Mayor Ramos)
Lorraine Nik (Chair) (reappointment for a term expiring (1/1/11)
238 Terrace Avenue (02915)
On motion of Councilwoman Perry, seconded by Councilman Silva and on a roll-call vote, it is unanimously voted to approve.
CONSERVATION COMMISSION (by Mayor Ramos)
John Rose, Sr. (Vice Chair) (reappointment for a term expiring (1/1/11)
5 Wil-Ann Circle (02915)
On motion of Councilwoman Perry, seconded by Councilman Silva and on a roll-call vote, it is unanimously voted to approve.
CONSERVATION COMMISSION (by Mayor Ramos)
Keith Gonsalves (reappointment for a term expiring (1/1/11)
2 Ramsay Street (02915)
On motion of Councilman Silva, seconded by Councilman DiTraglia and on a roll-call vote, it is unanimously voted to approve.
CONSERVATION COMMISSION
Dr. Isadore S. Ramos (Liaison)
On motion of Councilwoman Perry, seconded by Councilman Silva and Councilman DiTraglia and on a roll-call vote, it is unanimously voted to approve.
CONSERVATION COMMISSION (by Mayor Ramos)
John T. Burridge (appointment for a term expiring (1/1/11)
190 Waterman Avenue (02914)
On motion of Councilman DiTraglia, seconded by Councilman Silva and on a roll-call vote, it is unanimously voted to approve.
EAST PROVIDENCE HOUSING AUTHORITY - PUBLIC HOUSING RESIDENT COMMISSIONERS (by Mayor Ramos)
Anthony Palumbo (reappointment for a term expiring (7/15/11)
99 Goldsmith Avenue (02914)
On motion of Councilman DiTraglia, seconded by Councilwoman Perry and Councilman Silva and on a roll-call vote, it is unanimously voted to approve.
CITY COUNCIL SITTING AS LICENSING COMMISSIONERS
LICENSES REQUIRING PUBLIC HEARING
B – FULL PRIVILEGE (Subject to approvals from Chief of Police, Building Inspector, Health Inspector, State Division of Taxation and Fire Marshall)
FROM: CMC Restaurant, Inc., d/b/a Estrela Do Mar, 736 North Broadway (02914)
TO: Sao Miguel Eateries, Inc., d/b/a Estrela Do Mar, 736 North Broadway (02914)
On motion of Councilman Silva, seconded by Councilman Ditraglia and on a roll-call vote, it is unanimously voted to defer to the next meeting.
LICENSES NOT REQUIRING PUBLIC HEARING
VICT/NOT OVER 50 (Subject to approvals from Chief of Police, Building Inspector, Health Inspector, and Fire Marshall)
FROM: CMC Restaurant, Inc., d/b/a Estrela Do Mar, 736 North Broadway (02914)
TO: Sao Miguel Eateries, Inc., d/b/a Estrela Do Mar, 736 North Broadway (02914)
On motion of Councilman Silva, seconded by Councilman DiTraglia and on a roll-call vote, it is unanimously voted to defer to the next meeting.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
PUBLIC HEARINGS
1. ZONING MAP AMENDMENT (Advertised – Prov. Journal –June 25, July 2, & 9, 2008) (by Planning Department)
Notices sent by certified mail – June 23, 2008
REZONING – Recommendation for requested zoning map amendment requesting rezoning from Residential 6 to Commercial 4.
Petitioner: Sun Refining Marketing Co.
Change to: Commercial 4 from Portion R-6
Lot: Map 307, Block 36, Parcel 018
Location: 481 Warren Avenue
AN ORDINANCE IN AMENDMENT OF CHAPTER 19 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “ZONING.” Pertaining to a portion of Parcel 018 on Assessors Map 307, Block 36 presently located in a Residential 6 District as hereinafter described below is hereby changed to be included in a Commercial 4 District subject to the condition of prohibiting a drive-through facility from operating on the property in perpetuity and subject to the developer improving the abutting sidewalks so long as the required approval from the Rhode Island Department of Transportation is obtained. Failure to meet the above stipulations will result in the parcel reverting to its previous zone of Residential 6.
Thomas E. Romano, 5 Benefit Street, Providence (02904) representing both owner Sun Refining Marketing Company and applicant Martin Acquisitions, LLC.
Mr. Romano states that the request is for the closed Sunoco gas station on Warren Avenue, which is requesting to reopen with a Dunkin Donuts kiosk inside the building. He says there will be no tables or drive thru service.
Joseph Lombardo, 11 Grand Serra Drive, Hope Valley, RI is sworn in by the City Solicitor.
Mr. Lombardo speaks on the plan stating this zoning change is in compliance with the zoning ordinance and is in compliance with the comprehensive plan.
Joseph Giordano, Gordon R. Archibald, Inc. 200 Eighth Street, Pawtucket, RI is sworn in by City Solicitor.
Mr. Giordano, a Traffic Engineer, speaks on the Traffic Impact Study that was done on the location. He says this gas station will retain the eight pumps that had previously been at the location, and the only difference will be the Dunkin Donuts inside, without interior seating or drive thru.
Jeanne Boyle, Director of Planning, confirms that the Planning Board and Planning Department approve the application. She also mentions that the City Engineer recommended a stipulation that the sidewalks be improved at the expense of the applicant.
Mr. Romano states this is a significant stipulation and the fact that the applicant is intending to purchase and the permitting contingency ends in two weeks, this stipulation will throw the purchasing sales agreement into kayos.
Mr. Brown states that Council can take action tonight approving this with the understanding that the applicant, then owner would make all good faith efforts to pursue the appropriate state approval and construct the sidewalk as is appropriate.
Mr. Conley agrees that after approval this evening the applicant would do that and if the applicant fails to do it in the future then the zoning would revert. This is subject to DOT approval, if DOT says no than it would be an impossibility to comply, it would be a legal impossibility and would not revert back.
Councilman Silva moved to approve with the stipulation of the sidewalk improvement and the DOT approval or if DOT says no that they are not obligated to do it.
Mr. Conley states, so the records clear based on the recommendation from the Planning Board not only the approval the Council’s talking about this evening, but to be clear that the zone change would be subject to the condition of prohibiting a drive thru facility from operating on the property perpetuity, as well as the developer improving the abutting sidewalks, subject to the required approval. RI DOT not meeting these stipulations can result to the possible reverting to the previous zone of Residential 6.
On a motion by Councilman Silva, seconded by Councilman DiTraglia, and on a roll-call vote, it is unanimously voted to approve.
1. This ordinance creates the Riverside Square Mixed Use/ Downtown Overlay district, eliminates the Port Overlay district and make amendments required by the creation of the new zoning district and eliminates the other.
AN ORDINANCE TO AMEND CHAPTER 19 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE BY ELIMINATING PORT DISTRICT WITH ASSOCIATED CHANGES TO: SECTIONS 19–1, 19-95, 19-98, 19-99, 19-100, 19-146, 19-175, 19-336, 19-341, 19-346, 19-361, 19–362, 19-365, 19-448, 19-451, 19-454, 19-457, 19-458; AND CHANGES TO SEC. 19-116 REMOVAL OF EARTH PRODUCTS, SEC. 19-144 ACCESSORY BUILDINGS AND STRUCTURES, SEC. 19-171 ACCESSORY USES, SEC. 19–279 OFF-STREET PARKING - JOINT USE AND SHARED USE, SEC. 19–444 BILLBOARDS, SEC. 19–445 - 19-446 POLITICAL SIGNS; AND BY ADDING DIVISION 17. RIVERSIDE SQUARE MIXED USE/DOWNTOWN OVERLAY, SECTION 19-359 PURPOSES AND REVIEW PROCESS, AND SEC. 19–360 STANDARDS FOR DEVELOPMENT.
On motion of Councilwoman Perry, seconded by Councilman Silva, and on a roll-call vote, it is unanimously voted to dispense with the reading of the ordinance.
Arthur Dolloff, 38 Dorr Avenue (02915) was sworn in by City Solicitor.
Mr. Dolloff states his concerns about the property being examined for polluntants, poisons, and chemicals and says there are some 27 stipulations that are being changed.
Mr. Conley states that Mr. Dolloff is speaking about the next ordinance, which is the overall text change to the current city zoning ordinance and the next ordinance is a specific zone change for these specific pieces of property.
Jeanne Boyle, Director of Planning and David Bachrach, CDBG Coordinator are asked to explain the ordinances. Ms. Boyle states these are not specific to the zoning text changes that are before the Council at this time, but the zoning text changes are certainly related to the City’s project related to the Riverside Development. The project that Mr. Dolloff refer to are the three properties that are going to be rezoned, should the City Council pass the zoning text changes and pass the subsequent zoning map amendment, which is the next item; and also says they are aware that there might be environmental issues associated with those particular properties. Mr. Bachrach has been working with an environmental agency doing the site investigation with those properties to assure that if there are any environmental issues they are fully investigated. If there are environmental issues identified, that those will be fully remediated before the City takes title to it or redevelops it. She also states that they are aware of the history and are working with the DEM and any other agency.
On a motion of Councilman DiTraglia, seconded by Councilwoman Perry, and on a roll-call vote, it is unanimously voted to approve.
3. ZONING MAP AMENDMENT (Advertised – Prov. Journal –June 27, July 3, & 10, 2008) (by Planning Department)
Notices sent by certified mail – June 25, 2008
REZONING – Recommendation for requested zoning map amendment requesting rezoning from Commercial 3 to Riverside Square Mixed Use/Downtown Overlay.
Petitioner: Lillian C. Markarian, Trustee of the Varkis A. Markarian Revocable Trust, and Valerie M. Markarian, Annette L. Markarian and Varkis A. Markarian
Change to: Riverside Square Mixed Use/Downtown Overlay
Lot: Map 312, Block 12, Parcel 20, 21, and 22
Location: 12 Fenner Avenue and 336 and 348 Bullocks Point Avenue
AN ORDINANCE IN AMENDMENT OF CHAPTER 19 OF THE REVISED
ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “ZONING,” which entitled “District Regulations” is hereby amended Parcels 20, 21, and 22 on Assessors Map 312, Block 12 presently located in a Commercial 3 District is hereby changed to be included in a Riverside Square Mixed Use/Downtown Overlay.
On motion of Councilwoman Perry, seconded by Councilman Cusack, and on a roll-call vote, it is unanimously voted to dispense with the reading of the ordinance.
On a motion of Councilman DiTraglia, seconded by Councilman Silva, and on a roll-call vote, it is unanimously voted to approve.
ORDINANCES – FINAL PASSAGE (Given First Passage June 17, 2008 Advertised – Prov. Journal –June 20, 2008.)
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,” pertaining to the stop sign for Bloomfield Street (eastbound traffic) at Fairview Avenue.
On motion of Councilwoman Perry, seconded by Councilman Silva, and on a roll-call vote, it is unanimously voted to dispense with the reading of the ordinance.
Councilwoman Perry states she was contacted by a resident of the area and asks if this could be reviewed again and change the stop sign instead of on Bloomfield put it on Fairview. The problem is there’s another stop sign on Bloomfield a block away.
On motion of Councilwoman Perry, seconded by Councilman Silva, and on a roll-call vote, it is unanimously voted to defer to City Manager.
2. 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” , regarding “Fire Prevention” Fire code adopted.
On motion of Councilwoman Perry, seconded by Councilman Silva, and on a roll-call vote, it is unanimously voted to dispense with the reading of the ordinance.
On a motion of Councilwoman Perry, seconded by Councilman Silva, and on a roll-call vote, it is unanimously voted to approve.
3. 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 ”, regarding “Fire Prevention” Same-fee.
On motion of Councilwoman Perry, seconded by Councilman Silva, and on a roll-call vote, it is unanimously voted to dispense with the reading of the ordinance.
On a motion of Councilman Silva, seconded by Councilman DiTraglia, and on a roll-call vote, it is unanimously voted to approve.
NEW BUSINESS
- CITY MANAGER’S REPORT
1. TOTAL PARTICIPATION RECYCLING PROGRAM UPDATE – JUNE 2008
Mr. Brown reports that with the new recycling plan, the city’s recycling rate increased about 25%. Also, 8,000 blue and green bins were sold last month. He speaks on a program, which was developed by Affirmative Action Officer Elmer Pina, for providing assistance to seniors. This form will go on the website and will be posted at the Senior Center, working with the school program to involve young people in community service to provide assistance to senior citizens.
On motion of Councilman Silva, seconded by Councilman DiTraglia and on a roll-call vote, it is unanimously voted to accept the report.
- RHODE ISLAND DEPARTMENT OF TRANSPORTATION, THE CITY OF EAST PROVIDENCE AND TOCKWOTTON HOME
Mr. Brown states this is the third amendment of the construction along Waterfront Drive. Basically it involves the disposal of mud and we incur cost that will not exceed $7,500.00.
On motion of Councilman Silva, seconded by Councilwoman Perry and on a roll-call vote, it is unanimously voted to approve.
- SENIOR CENTER ADDITION
Mr. Brown states that several years ago, the Council appropriated funds with Community Development Block Grants to provide an addition to the Senior Center. He says there were insufficient funds at that time to complete the project. About a year or so ago Council added about $250,000 in general fund monies in order to balance the project out. The project was redesigned went out to bid. Mr. Brown asks for approval to award the bid to C & D Construction in the amount of $895,791.00.
On motion of Councilman Silva, seconded by Councilwoman Perry and on a roll-call vote, it is unanimously voted to approve.
B. REPORTS OF OTHER CITY OFFICIALS
CLAIMS COMMITTEE (by William J. Conley, Jr. – City Solicitor)
Mr. Conley requested a roll call vote pursuant to R.I.G.L. § 42-46-5(a)(2) that conclusion of its regular business this evening the Council go into Executive Session for purposes of meeting as claims and litigation committee.
On motion of Councilwoman Perry, seconded by Councilman Silva, and on a roll-call vote, it is unanimously voted to go into Executive Session at the conclusion of this meeting.
C. COUNCIL MEMBERS
1. Need All Way Stop Signs Glenn Street at Grassy Plain Road at School Bus Stop (by Councilman DiTraglia)
Councilman DiTraglia states Grassy Plain Road is getting to be like 95 going 70 mph on this road, because it’s a cut thru and there are 2 bus stops on this road. He says that quite a few people have requested a stop sign in the area, and he would like to see if this makes a difference.
On motion of Councilman DiTraglia, seconded by Councilman Silva, and on a roll-call vote, it is unanimously voted to defer to City Manager.
2. Need Stop Sign Rounds Avenue at Tanglewood Drive (by Councilman DiTraglia)
On motion of Councilman DiTraglia, seconded by Councilman Silva, and on a roll-call vote, it is unanimously voted to defer to City Manager.
3. Incentive for Seniors Tax Break (by Councilman DiTraglia)
Councilman DiTraglia states he got this idea from Seekonk’s Property Tax Work Off Program. He says the program is only for seniors, but he would like to add disabled people. Seekonk gives them a $750.00 a year break on their taxes. He says we would have to do an impact study on what we could afford. Maybe you would have to be a resident for at least 20 years, minimum wage, and one eligible person per household.
Councilman Silva asks if Council DiTraglia, City Manager and the law department would meet and see what the records are with Massachusetts and give us a package cost of valuation.
Councilman Cusack asks what the aggregate amount would be, and if there would be a cap. He says that East Providence has the high percentage of elderly in East Providence, and potentially a lot of people could sign up. We have a certain amount of tax revenue, assessed real property, and a number of people, expenditures and employees. We are told by management that there are no extra employees. Any break or incentive we give people will be an increase on other people who don’t qualify or who qualify but don’t participate. So any breaks or incentives are a transfer payment from a certain group to another group, so somebody is a winner and somebody is a loser.
Mayor Ramos states that is why we need motion for a study to defer to the City Manager.
On motion of Councilman DiTraglia, seconded by Councilman Silva, and on a roll-call vote is taken on the motion.
| Councilman Cusack | Nay |
| Councilman DiTraglia | Aye |
| Councilwoman Perry | Aye |
| Councilman Silva | Aye |
| Mayor Ramos | Aye |
The motion is passed on a 4-1 vote.
RESOLUTIONS
RESOLUTION AUTHORIZING THE RHODE ISLAND LEAGUE OF CITIES AND TOWNS TO ACT AS AGENT FOR THE CITY OF EAST PROVIDENCE, RHODE ISLAND (Requested by: City Manager)
[1] Negotiating an energy supply contract on behalf of the Council; and
[2] Signing an energy supply contract on behalf of the Council.
On motion of Councilman Silva, seconded by Councilwoman Perry, and on a roll-call vote, it is unanimously voted to dispense with the reading of the resolution.
On motion of Councilwoman Perry, seconded by Councilman Silva and on a roll-call vote, it is unanimously voted to approve.
RESOLUTION FOR MEMBERSHIP IN SISTER CITIES INTERNATIONAL AND TO ADOPT BRAVA, CAPE VERDE AS A SISTER CITY FOR THE CITY OF EAST PROVIDENCE (Requested by Mayor Isadore S. Ramos)
On motion of Councilwoman Perry, seconded by Councilman Silva, and on a roll-call vote, it is unanimously voted to dispense with the reading of the resolution.
On motion of Councilman Silva, seconded by Councilman DiTraglia and on a roll-call vote, it is unanimously voted to approve.
INTRODUCTION OF ORDINANCES (If given First Passage, can be referred to the next regular Council Meeting to be held on August 19, 2008 for a public hearing and consideration of final passage).
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”, pertaining to handicapped parking on Williams Avenue in front of house number 15.
On motion of Councilwoman Perry, seconded by Councilman Silva, it is unanimously voted to dispense with the reading of the ordinance.
On a motion of Councilman Silva, seconded by Councilwoman Perry, it is unanimously voted to approve.
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”, pertaining to the stop sign for Windhurst Avenue (eastbound traffic) at Hawthorne Avenue.
On motion of Councilwoman Perry, seconded by Councilman Silva, it is unanimously voted to dispense with the reading of the ordinance.
On a motion of Councilwoman Perry, seconded by Councilman Silva, it is unanimously voted to approve.
3. AN ORDINANCE IN AMENDMENT OF CHAPTER 9 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “MISCELLANEOUS OFFENSES”, pertaining to Defaced property. (Requested by: City Manager)
On motion of Councilman Silva, seconded by Councilwoman Perry, it is unanimously voted to dispense with the reading of the ordinance.
Councilwoman Perry asks Mr. Brown what happens if it’s going to cost a property owner $300.00 to remove it and the fine is $100.00. Mr. Brown replies that we set the fines by what’s allowed under state law, but if they don’t remove the graffiti we will go back and site them again and again. Mayor Ramos states it says first offence $100.00, second $250.00 third $500.00. Mr. Conley clarified that after the first offense we can charge each day as new offense.
On a motion of Councilwoman Perry, seconded by Councilman DiTraglia, it is unanimously voted to approve.
ADJOURNMENT
Mayor Ramos adjourns the meeting at 9:40 P.M. on a motion of Councilman Silva, seconded by Councilwoman Perry.
Attest:
_________________________________
Virginia B. Nunes
City Clerk
Approved: August 19, 2008