CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
MONDAY
8:00 P.M.
____________________________________________________________________________
The City Council meets in the Council Chamber on Monday, February 7, 1994, and is called to order at 8:02 P.M. by Mayor Rolland R. Grant.
Present Rolland R. Grant Mayor )
Joseph S. Larisa, Jr. )
Gerald R. Lynch ) Council Members
Norman J. Miranda )
Robert D. Sullivan )
Paul E. Lemont ) City Manager
William J. Conley ) City Solicitor
Valerie A. Perry ) City Clerk
(Kim Moitoza, Woods Reporting, 20 Fifth Street, Providence, Rhode Island, is present to record the proceedings of the public hearings)
Invocation is given by Mayor Rolland R. Grant.
Salute to the Flag is led by Councilman Gerald R. Lynch.
TO APPROVE THE CONSENT CALENDAR
On motion of Mr. Larisa, seconded by Mr. Lynch, and on a unanimous roll-call vote with all Council members present and voting, the Consent Calendar is approved as amended.
On motion of Mr. Larisa, seconded by Mr. Lynch, and on a unanimous roll-call vote with all Council members present and voting, it is voted to keep the Closed Session closed.
APPROVAL OF COUNCIL JOURNALS
* Regular Meeting - January 4, 1994
* Special Meeting - F. O. P. Negotiations - January 10, 1994
* Closed Session - January 10, 1994
* Regular Meeting - January 18, 1994
* Closed Session - January 18, 1994
Unanimously approved.
Cancellations/Abatements
City Assessor requesting cancellation of taxes as follows:
Year Amount
1991 $ 166.59
1992 281.85
1993 8,777.25
Unanimously approved.
Coastal Resources Management Council
By Grover J. Fugate, Executive Director
Administrative Assent No A93-12-57
Requesting to establish a marina perimeter limit and a boat count of five at an existing recreational boating facility; located at 240 Riverside Drive, Map 415, Block 6, Parcel 4. (Narragansett Terrace Yacht Club)
Received as information.
Coastal Resources Management Council
By Grover J. Fugate, Executive director
Administrative Assent No. A85-8-60
Requesting to maintain as constructed a 24' round above ground pool; located at 186 Riverside Drive, Plat 157, Lot 92. (Harold J and Karen M. Bovi)
Received as information.
Town of Jamestown - Resolution (Information only)
By Jamestown Council - Fred Pease, President
Re: Opposing to transfer prosecution responsibility of breathalyzer refusals from the Office of the Attorney General to the individual cities and towns.
Received as information.
(Permission to advertise)
Alcoholic Beverage License - Class B Limited (Victualer)
Applicant - Two Dads Incorporated
dba - Carousel Family Restaurant
Location - 656 Bullocks Point Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Subject to Health Inspector's approval
Unanimously granted.
Alcoholic Beverage License - Class F-1 - 19 hours beginning at 6:00 A.M. on April 29 & 30, 1994
Applicant - Bay View Academy
Manhattan At The Bay
Location - 3070 Pawtucket Avenue
Subject to Police Chief's approval
Unanimously granted, subject to Police Chief's approval.
1. Blackstone River Valley National Heritage Corridor Week
February 13-19, 1994
Christopher Stein and Suzanne Buchanan, Park Rangers, accept the proclamation and speak on the National Heritage Corridor.
2. African-American History Month
Accepted.
At the request of Mr. Lemont and on motion of Mr. Lynch, seconded by Mr. Larisa, it is unanimously voted to change the order of business.
Finance Department
By James F. McDonald, Finance Director
Re: Data Processing Update - Response to Councilman Larisa's questions.
James F. McDonald, Finance Director, addresses the Council regarding the City's new computer system proposal. He states that the hardware and software will be leased at a cost of approximately $426,000. After further discussion, on motion of Mr. Sullivan, seconded by Mr. Miranda an on a unanimous roll-call vote with all Council members present and voting, it is voted to accept the package as written.
The following applicants after being sworn in, give a brief presentation and answer questions from the Council:
Herbert J. Avedon, 27 Fisher Street, East Providence, Rhode Island
Robert M. Brady, 8 Beech Tree Road, East Providence, Rhode Island
Paul A. Dinsmore, 25 Orange Street, Rumford, Rhode Island
Michael J. Farley, 156 Dyer Avenue, East Providence, Rhode Island
Gregory A. Marderosian, 918 Roger Williams Avenue, East providence, Rhode Island
Cornelius J. McAuliffe, 1155 Smith Street, Providence, Rhode Island
Pamela R. St John, 120 Prescott Avenue, Riverside, Rhode Island
Aurendina Gonsalves Veiga, 120 Prescott Avenue, East Providence, Rhode Island
William M. Walsh, 150 Bentley Street, East Providence, Rhode Island
One additional candidate, William Maaia, is not present and a motion is made by Mr. Sullivan, seconded by Mr. Larisa, to accept Mr. Maaia's resume and include it in the applications.
Mr. Sullivan makes a motion, seconded by Mr. Miranda, to defer the judgeship to the next meeting, and for each Councilman to place on the docket his choice for Municipal Court Judge for a vote. Roll-call vote as follows:
Mr. Larisa Aye
Mr. Lynch Aye
Mr. Miranda Aye
Mr. Sullivan Aye
Mayor Grant Aye
Motion passes 5-0.
Meeting recesses at 9:25 P.M. and reconvenes at 9:35 P.M. with all Council members present.
ORDINANCES - Final Passage - (Given first passage January 18, 1994)
Advertised - Providence Journal - January 21, 1994
** AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE RHODE ISLAND, 1987,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:
Lyon Avenue (northbound and southbound traffic) at its intersection with Freeborn Avenue.
Willow Street (northbound and southbound traffic) at Locust Street.
(Requested by Director of Public Works)
CHAPTER NO.289
The above-entitled ordinance, referred to this time and place for a public hearing and consideration of final passage, is called for hearing.
There are no persons present who wish to be heard.
On motion of Mr. Miranda, seconded by Mr. Sullivan, and on a unanimous roll-call vote with all Council members present and voting, said ordinance is adopted.
LICENSES
ALCOHOLIC BEVERAGE LICENSE - Class B Bull Privilege
(Victualer)
Applicant - Goldie's Lounge, Inc.
dba - Goldie's
Location - 3712 Pawtucket Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Subject to Health Inspector's approval
Victualling - Class 1/Over 50
Applicant - Goldies Lounge, Inc.
dba - Goldie's
Location - 3712 Pawtucket Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Subject to Health Inspector's approval
John J. Hurley - 28 Burnside Avenue
Letter of objection to grant licenses to the above establishment.
City Clerk states that the abutters list was not complete and the applicant has asked for a deferral to the next regular Council meeting to be held February 22, 1994.
On motion of Mr. Sullivan, seconded by Mr. Larisa and on a unanimous roll-call vote with all Council members present and voting, it is voted to defer the above two licenses for "Goldie's" to the next regular Council meeting to be held February 22, 1994.
Pool Table (2) - Sunday's Included
Applicant - Panski's Pub, Ltd.
Location - 446 Waterman Avenue
Subject to Police Chief's approval
Subject to Building Inspector's approval
Mary Rose Waligowski, 361 Promenade Avenue, Warwick, Rhode island, is present and sworn.
On motion of Mr. Lynch, seconded by Mr. Larisa, it is voted unanimously to grant the above licenses, subject to all approvals.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
1. * Law Department
By William J. Conley, Jr. City Solicitor
Re: Letter of Agreement on Waterway Protection
Motion to approve by Mr. Sullivan, seconded by Mr. Lynch on a 5-0 vote.
2. * Re: Agreement between Bristol County Water Authority and City of East Providence
Mr. Conley states that the Counsel for the Bristol County Water Authority is out of town and they are not prepared to appear this evening. At the request of Mr. Conley, motion is made by Mr. Lynch, seconded by Mr. Miranda, and voted 5-0 to continue the matter to the next meeting.
Public Works
1. * By Julia Forgue, Public Works Director
Requesting the City Council to refer New England Telephone's request to purchase an easement on property in Seekonk, owned by the East Providence Water Division to the Planning Board.
Julia Forgue, Public Works Director, addresses the Council. Mr. Lynch says he is not prepared to vote on this tonight and will abstain. Mr. Conley says this is more of a recording of informational nature. Mr. Lynch says he has not had enough time to look over the documentation and will abstain from voting. After further discussion, motion to approve is made by Mr. Larisa, seconded by Mr. Miranda, and voted 4-0-1, with Mr. Lynch abstaining.
2. * Requesting Council approval of final draft of the City's Water Supply Management Plan for submittal to RIDEM.
Voted to approve 4-0-1 on motion of Mr. Larisa, seconded by Mr. Miranda with Mr. Lynch abstaining.
Planning Board
By Jeanne M. Boyle, Planning Director
Re: Letter of Support for RI Scenic Highways Board
Grant Application
Unanimously approved on motion of Mr. Sullivan, seconded by Mr. Larisa.
Susan Roy - personal injuries - pedestrian accident - referred to RIDOT
Robert Gaulin - false arrest - referred to Law Department
Thomas McAndrews - legal fees - matter of Silva vs. Witschen - deny - refer claim to insurance carrier
Jeanne Derham - property damage to vehicle allegedly struck by City plow - denied
George Ben-David - property damage to vehicle allegedly struck by Police vehicle - $268.23 - approved
Chris Arther Anderson - property damage to vehicle allegedly struck by Police vehicle - $174.98 - approved
Robert Castiglliego - property damage - vehicle struck by City plow - $ 1389.80 - denied
BBC Construction - property damage - struck by City plow - denied
Joyce Stevenson - property damage to vehicle - struck by City truck - $521.42 - approved
Stanley Adalio - property damage to vehicle, protruding curbing - claim denied 1-4-94 - resubmitted - $52.00 - approved
Pending Litigation
Francis v. City - Refer to Law Department
Silva v. City - Global Settlement - defer to next meeting
Kelly & Picerne v. City - refer to Law Department/Workshop
(By Mayor Rolland R. Grant)
1. Ocean State Steel
Mayor Grant says Ocean State Steel is negotiating with the State. He says the significance of the impact on the air quality and the impact of a loss of one hundred twenty jobs must be weighed. He says there should be room for some type of negotiation, where we can have the clean air and keep the jobs.
2. Snow Removal - Sidewalks
Mayor Grant states that he received a petition from residents on Brookfield Road about a sidewalk on Pawtucket Avenue where the school children have to wait for the school bus. He speaks on the condition of the sidewalks and says the State doesn't maintain their property. He asks the City Manager to come up with an answer. He also suggests that prisoners can be brought in to do the work.
(By Councilman Robert D. Sullivan)
1. Location of Municipal Court - City Hall - Room 306
Mr. Sullivan proposes that Municipal Court be located in Room 306 at City Hall. Also, the Court Office will be across the hall from Room 306. After discussion, motion to approve the proposal is made by Mr. Sullivan, seconded by Mr. Miranda, and voted on a roll-call vote:
Mr. Larisa Aye
Mr. Lynch Aye
Mr. Miranda Aye
Mr. Sullivan Aye
Mayor Grant Aye
Motion passes 5-0.
2. Salaries of Appointed Judge, Clerks and Court Officers
Mr. Sullivan makes the following recommendations: 1 Judge - $12,000 per year; 2 Clerk Tellers - $20,000 each per year; 1 Court Officer - $15.00 per hour, 4 hour minimum, for a total salary budget of $54,800. The positions will be unclassified.
He says the Clerk Teller should have a high school diploma, be a resident of the City of East Providence, have basic computer and typing skills, as well as general filing experience. The Clerk Tellers will work a 35 hour flex-time schedule.
The Municipal Court Officer should possess at least a high school diploma, preferably have a degree in Criminal Justice, and have arresting powers. He says the position could be filled by a retired police officer from the City of East Providence. The applicants should also have prior experience in court arraignments, etc. and be knowledgeable of the Rhode Island Motor Vehicle Code.
He proposes the selection of the clerks personnel be done in a closed personnel meeting. He also suggests a committee consisting of Valerie Perry, City Clerk, William Conley, City Solicitor, and himself review the applications and return to the Council with five recommendations.
He recommends appointing Valerie Perry as the Court Administrator who will supervise the Court personnel.
He also recommends that the Court sessions be held on Saturdays at 8:30 A.M.
Mr. Sullivan makes the motion to approve his recommendations. Mr. Miranda seconds the motion.
Mr. Lynch asks Mr. Conley what guidelines would the Court employees fall under. Mr. Conley responds by saying they would be Council Appointees, and would be excluded from the classified system. When a new Council is inaugurated, they would need to be reappointed at that time. They would be under the jurisdiction of the City Council.
Mr. Lemont says the employees in the Canvassing Office are part of the Steelworkers Union, and are included for wages and benefits.
Mr. Conley says it is critical to remember in this issue that being a member of the Collective Bargaining unit is not the same as being in classified service. He says for the most part, those in classified service also belong to a union, but when the State redefined the definition of who belongs in a collective bargaining unit, it is conceivable that you could have people who would meet all the statutory criteria for membership in a union, but who would not meet the definition of a classified employee under our ordinance, so they could still have union membership even though they might not meet the definition of a classified employee. He says the key to the definition becomes the number of hours they work. Those who fall into the 35 hour category could very well qualify for union membership.
Mr. Lemont says he has taken the position that employees who do not come through the classified civil service are not entitled to leave that position to take another one within the City. They are fixed as to where they are appointed.
Mr. Larisa asks if benefits are included in the figures Mr. Sullivan gave. Mr. Lemont says a benefit package would be about 40% of salary.
Mr. Larisa starts to speak and Mayor Grant rules him out of order. Mr. Larisa challenges Mayor Grant's ruling.
In response to a question from Mr. Lynch, Mr. Sullivan says the committee will bring back five names for the Clerk Teller position to the Council. Mr. Lynch says there should be more than five names, it should be at least ten.
Mayor Grant says there was a request that he be overruled regarding his judgement that Mr. Larisa's remarks were out of order. Roll-call vote taken on that request:
Mr. Miranda Nay
Mr. Sullivan Nay
Mr. Lynch Aye
Mr. Larisa Aye
Mayor Grant Nay
Motion is denied on a 3-2 vote.
Mr. Miranda says he would rather see ten names brought before the Council for the Court Teller position. Mr. Sullivan amends his motion to change the number from five to ten names.
Discussion resumes on the court positions. It is decided that the court tellers will be given benefits, to include Blue Cross and vacations.
A roll-call vote is taken on the motion that the salary of the appointed judge be $12,000, the salaries of the appointed court tellers be $20,000 each, the salary to the appointed court officer will be $15.00 per hour, the Court session will be held on Saturday at 8:30 A.M.
Also, a committee consisting of the City Clerk, City Solicitor, and Councilman Sullivan will review the applicants and return to the Council with ten names for the Court Teller position.
Roll-call vote follows:
Mr. Larisa Nay
Mr. Lynch Aye
Mr. Miranda Aye
Mr. Sullivan Aye
Mayor Grant Aye
Motion passes 4-1.
Meeting recesses at 11:20 P.M. and reconvenes at 11:30 P.M. with all Council members present.
Mr. Lynch asks Mr. Conley if the Court personnel, who will be unclassified, will be protected if they are in a Bargaining Unit, when a new Council makes appointments.
Mr. Conley says the Municipal Court Ordinance clearly says the terms of those appointees are equal to the term of office of the Council which appoints them.
Therefore, the term of their appointment is defined at the moment they are appointed.
(By Councilman Joseph S. Larisa, Jr.)
1. Requesting East Providence Support for Resolution:
Town of North Kingstown
By Mary Anne Camp
Town of West Greenwich
By Janet E. Olsson, Town Clerk
* Town of Burrillville
By Robert E. Potter, Town Clerk
* Town of Smithfield
By Edith C. Poirier
* City of Pawtucket
By Jim Glasson, Substance Abuse Prevention, Coordinator
* Town of Glocester
By Barbara E. Robertson, Town Clerk
* Town of Jamestown
By Town Council, Fred Pease, President
Requesting the support of a Resolution to secure the release of funds for the Substance Abuse Program.
Mr. Larisa makes the motion to support the resolution, Mr. Lynch seconds. Motion passes 5-0.
2. Newbay Victory
Mr. Larisa gives update on Newbay. Mr. Lynch commends former Mayor Leo Sullivan and former Council member, Joseph Botelho, for their efforts in fighting the Newbay development.
3. Request for Resolution Demanding Payment by State of Monies owed to City by Municipal Court legislation.
On motion of Mr. Larisa, seconded by Mr. Lynch, it is unanimously voted to approve the Resolution.
4. Eagle Scout Project - Boyden Heights
Unanimously approved on motion of Mr. Larisa, seconded by Mr. Lynch.
5. What if Joe Larisa had 3 votes?
Deferred.
1. * AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED ENTITLED "VEHICLES AND TRAFFIC.",
Section I. Sec. 18-202 entitled "Increasing State Speed Limits in Certain Zones.", by deleting therefrom the following:
Forbes Street - 35 MPH
Section II. Sec. 18-202 entitled "Increasing state speed limits in certain zones.", adding thereto the following:
Forbes Street from Wampanoag Trail westerly to the entrance of the Riverside Junior High School - 35 MPH.
(Requested by Director of Public Works)
(If given first passage, can be referred to the next regular Council meeting to be held February 22, 1994, for hearing and consideration of final passage)
The above-entitled ordinance is introduced and, on motion of Mr. Sullivan, seconded by Mr. Larisa, and on a unanimous roll-call vote with all Council members present and voting, is given first passage and referred to the next regular Council meeting to be held on February 22, 1994, for a public hearing and consideration on final passage.
2. * AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "VEHICLES AND TRAFFIC," which amends Article X entitled "Stopping, Standing and Parking.", Subsection 18-302 entitled "Parking adjacent to schools prohibited when signs are erected.", by adding thereto the following :
John Street (west side), from Grove Avenue northerly for a distance of 118 feet. (118') feet, school days between 8:00 A.M. and 4:00 P.M.
(If given first passage, can be referred to the next regular Council meeting to be held February 22, 1994, for hearing and consideration of final passage)
(Requested by Director of Public Works)
This Ordinance is amended to read "parking prohibited with the exception of Saturdays, Sundays and Holidays. Motion is made by Mr. Miranda, seconded by Mr. Lynch, to approve the amended ordinance for First Passage. Motion passes unanimously on a roll-call vote.
(By Mayor Rolland R. Grant)
Housing Authority
Regina Girouard 9 Nimitz Road 02916
(Expires - 12-98)
At the request of Mayor Grant, Regina Girouard is appointed to the above Board.
Conservation Commission
R Mark Selley 160 Forbes Street 02915
On motion of Mr. Larisa, seconded by Mr. Lynch, Mark Selley is appointed to the above Commission.
Library Board of Trustees
Henry Caparco 4 Allerton Avenue 02914
On motion of Mr. Larisa, seconded by Mr. Lynch, Henry Caparco is appointed to the above Board.
Tenants Board of Review
Alice Coletti 14 Allen Avenue 02915
On motion of Mr. Sullivan, seconded by Mr. Lynch, Alice Coletti is appointed to the above Board.
(By Councilman Norman J. Miranda)
Court Administrator
Valerie A. Perry 30 Wannamoisett Road 02914
Unanimously voted to appoint Valerie A. Perry as Court Administrator on motion of Mr. Miranda, seconded by Mr. Sullivan.
(By Councilman Robert D. Sullivan)
School Crossing Guard
George Lefebrre 187 Becker Avenue 02915
Unanimously voted to appoint George Lefebrre as School Crossing Guard on motion of Mr. Miranda, seconded by Mr. Sullivan.
Meeting adjourned 11:50 P.M.
Attest:
Valerie A. Perry
City Clerk
Approved:_______________________________