CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING TUESDAY
8:00 P.M.
__________________________________________________________________
The City Council meets in the Council Chamber on Tuesday, December 17, 1996, and is called to order at 8:00 P.M. by Mayor Rolland R. Grant.
Present: Rolland R. Grant ) Mayor
Joseph S. Larisa, Jr. ) Council Members
Gerald R. Lynch )
Peter F. Midgley )
Norman J. Miranda )
Paul E. Lemont ) City Manager
William J. Conley, Jr. ) City Solicitor
Valerie A. Perry ) City Clerk
(Claudia Merandi, Merandi Reporting, is present to record the proceedings of the public hearings)
Invocation is given by Councilman Norman J. Miranda.
Salute to the Flag is led by Councilman Peter F. Midgley.
TO APPROVE THE CONSENT CALENDAR
Motion to approve the Consent Calendar is made by Councilman Norman J. Miranda, seconded by Councilman Joseph S. Larisa, on a unanimous roll-call vote with all Council members present and voting.
APPROVAL OF COUNCIL JOURNALS
Special Meeting - Show Cause Hearing - Brownie's Bar & Grille - November 7, 1996
Introduction of Ordinance - Personnel - Pay Plan - Unclassified Employees
Regular Meeting - November 12, 1996
Regular Meeting - November 19, 1996
Organizational Meeting - December 2, 1996
Coastal Resources Management Council - FINDING OF NO SIGNIFICANT IMPACT - File No. 96-10-93
Requesting to raise roof, replace siding, roofing, windows, fence, sidewalk, driveway, front stairs, remove and trim trees, c/m a 2nd story deck, remove soil next to house, location: 85 Bluff Street, Plat 212 Lot 1. (Raymond Berry)
File No. 96-10-108 - FINDING OF NO SIGNIFICANT IMPACT
Requesting to strip and re-roof at dwelling, replace gutters and columns of front porch located at 57 Terrace Avenue, Plat A13, Lot 13. (William and Theresa De Coste)
File No. B92-1-46 - ASSENT MODIFICATION
Requesting modification, dwelling construction, Plat 313, Lot 1. (Robert J. Settipane)
File No. 96-11-18
Requesting to strip and reshingle existing roof and to replace gutters, Plat 414, Lot 22. (Raymond C. Anderson, Jr.)
File No. M96-11-47 - FINDING OF NO SIGNIFICANT IMPACT
Requesting to replace roof shingles on garage -- located at Map 414, Block 21, Parcel 4, 184 Riverside Drive. (Joseph A. Kumiega)
File No. 1853-96 - CEASE AND DESIST ORDER
Person/s have undertaken the disposal of wood debris on and over the coastal embankment at property located at Plat 33, Lot 2; 41 Bluff Street. This is a violation of CRMC or of a Council order. You are hereby ordered to remove all wood debris from the coastal embankment within 30 days of this notification. (Joseph R. & Gloria J. Antaya)
Cancellation/Abatement
City Assessor requesting cancellation of taxes as follows:
Year Amount
1996 $ 29,392.96
1995 51.56
Assessment Board of Review
Peter P. Calise, Chairman
Requested adjustment for hardship, tangible & income/commercial, Tax Board of Review
Year - 1996 Amount - $ 26,636.61
All CC items are voted on and passed on one motion.
Sunday/Holiday Sales (Deferred from November 19, 1996)
Applicant - Nasir Abbasi
dba - Stop Mart
Location - 548 Willett Avenue
Approved: Chief of Police
Victualing/Not over 25 (Deferred from November 19, 1996)
Applicant - Nasir Abbasi
dba - Stop Mart
Location - 548 Willett Avenue
Approved: Chief of Police
Subject to approvals from: Building Inspector, Health Inspector
Nasir Abbasi, 548 Willett Avenue is present and sworn.
The above Sunday/Holiday Sales and Victualling licenses are unanimously approved on motion of Mr. Midgley, seconded by Mr. Larisa.
Sunday/Holiday Sales
Applicant - Patricia Regan
dba - The Book Barn
Location - 25D Circle Drive
Subject to approvals from: Chief of Police, Building Inspector
Patricia Regan, 225 Roger Williams Avenue, is present and sworn.
On motion of Mr. Lynch, seconded by Mr. Larisa it is voted unanimously to approve the license.
Sunday/Holiday Sales
Applicant - Kenyon Oil Co., Inc.
dba - Warren Avenue Xtra Mart
Location - 517 Warren Avenue
Subject to approvals from: Chief of Police, Building Inspector
Wayne Matthews, 517 Warren Avenue is present and sworn.
On motion of Mr. Larisa, seconded by Mr. Miranda, it is unanimously voted to approve the license.
Victualing/Not over 25
Applicant - Kenyon Oil Co., Inc.
dba - Warren Avenue Xtra Mart
Location - 517 Warren Avenue
Subject to approvals from: Chief of Police, Building Inspector
Unanimously approved on motion of Mr. Miranda, seconded by Mr. Larisa.
Employment Agency – Transfer
From - Wise Personnel
To - The Agentry Group, Inc.
Location - 83 South Rose Street
Subject to approvals from: Police Chief, Building Inspector
Heather Michael, 345 Bucklin Hill Road, Manchester, Connecticut is present and sworn.
On motion of Mr. Miranda, seconded by Mr. Lynch, it is unanimously voted to approve the license.
Victualing/Not over 25
Applicant - Hyung IM
dba - Asiana Food Market
Location - 90 Warren Avenue
Hyung IM, 90 Warren Avenue is present and sworn.
On motion of Mr. Larisa, seconded by Mr. Miranda, it is unanimously voted to approve the license.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
ORDINANCES - FINAL PASSAGE
(Given first passage on November 12, 1996 and referred to this time and place for a public hearing and consideration of final passage) Advertised - Providence Journal - December 10, 1996
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 Section I. Article XI entitled "Loading Zones.", Subsection 18-332 entitled "Curb Loading Zones." deleting therefrom the following:
NARRAGANSETT AVENUE from RIVER STREET southerly for a distance of 100 feet.
Section II. Article XI entitled "Loading Zones.", Subsection 18-332 entitled "Curb Loading Zones.", adding thereto the following:
NARRAGANSETT AVENUE (east side) from RIVER STREET southerly for a distance of 100 feet from 9:00 A.M. to 2:00 P.M. weekdays.
CHAPTER NO. 419
(Requested by Director of Public Works)
The above-entitled ordinance, referred to this time and place for a public hearing and consideration of final passage, is called for hearing.
Edmund Oliver, Jr. Narragansett Avenue is present and sworn. Mr. Oliver presents a petition signed by neighbors and pictures of the area where the proposed ordinance relates to. He asks that the ordinance be rescinded. Mr. Oliver argues that a loading zone is not necessary because there is a parking lot that can be used for loading. He also says that 100' is not needed.
Mr. Lemont reports that the ordinance was proposed after Mr. Gapio, owner of the River Street Pub, came to him and asked for a loading zone because neighbors park in his area and the trucks have difficulty unloading.
Several of the Council state that they want to hear from Mr. Gapio before voting on the ordinance.
After further discussion, motion is made by Mr. Larisa, seconded by Mr. Midgley that Final Passage of the ordinance be deferred and substitute with the words "100' for a distance from the street to the curb line" and have the City Engineer or Director of Public Works figure out whether we should put in a precise distance or literally put in the street name and the first curb line in that space, while at the same time requesting that Mr. Gapio, either in person if he can make it, or by letter, explain to the Council precisely how much use that area gets with respect to loading and precisely how much space he really needs, whether he can live with the street to curb line restriction. Mr. Midgley seconds the motion.
Mr. Miranda says he prefers to have Mr. Gapio at the next meeting, and Mr. Larisa makes and amendment to his motion that defers action, requests Mr. Gaipo to attend the next meeting, and amends the ordinance from the street to the curb line.
Roll-call vote is taken on the motion:
Mr. Larisa Aye
Mr. Lynch Aye
Mr. Midgley Aye
Mr. Miranda Aye
Mr. Grant Aye
Motion passes unanimously.
John Rose, 5 Willann Circle, is present and sworn. Mr. Rose says he drives a truck and says the loading zone is important to the owner. Mr. Larisa asks Mr. Rose to look at the proposed ordinance before the next meeting and to let the Council know if he thinks there is enough space for loading and unloading.
AN ORDINANCE IN AMENDMENT OF CHAPTER 3 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "ANIMALS", which amends: Section I. Section 3-8 entitled "Impoundment Fees."
CHAPTER NO. 420
(Requested by Director of Public Works)
On a roll-call vote with all Council members present and voting, the above ordinance is deferred, on motion by Mr. Lynch, seconded by Mr. Miranda.
The meeting recesses at 8:40 P.M. and reconvenes at 8:50 P.M. with all Council members present.
City Official Reports (Continued from November 19, 1996)
By James F. McDonald, Finance Director
Re: Approval of Dental Contract for 1996-1997
Mr. Lemont recuses himself from discussion because of his past association with the Delta Dental Board.
Mr. McDonald addresses the Council and gives background on the major contract. He says it is the opinion of the Committee that the plans are comparable and equal in coverage. He says that if Blue Cross is awarded the bid, the coverage will not change. There will be a dual pricing structure- one rate for active employees and one rate for retirees. Mr. McDonald goes on to say that Blue Cross was the low bidder by approximately 31/2%.
In response to a question from Mr. Lynch, Mr. McDonald says anyone with ongoing surgical procedures done after December 31st will be covered even if they are in the middle of the procedure. Also, both organizations are affiliated with 90% of the dentist in the state, and a great majority of dentists are with both companies.
Mr. Larisa asks Mr. McDonald if he had knowledge of Delta Dental's bid prices before the came in, and Mr. McDonald responds that he did not.
Mr. Midgley asks Mr. McDonald if he spoke with Union representatives about the issue. Mr. McDonald responds that he does not have the authority to do so. He says it is the committee's opinion that it is not the committee's jurisdiction to discuss the issue with the Unions. Mr. Lemont says he will go to the Unions once the provider is chosen.
Mr. Conley says he would feel more comfortable by reviewing the contracts and if the Council indicates they want to switch providers, they could make it subject to a report from Mr. Lemont.
Mr. Larisa says the Unions concern is that the City provide medical and dental services and their only concern is that it be the same coverage.
Paul Sweeney, Vice President of sales of Delta Dental of Rhode Island, says they feel they are the low bidder. He explains the differences between the two programs and speaks on the active and retiree rates. Mr. McDonald says if the City hired Park Row Associates, Delta Dental would agree to lower prices, but it is the recommendation of the Committee not to do this.
Mr. Conley says that Park Row Associates provides consulting service that the City did not put out for bid. He says if the Council is entertaining a proposal that was not in the bid, it would be inappropriate for the Council to award the bid to someone who bid incorrectly. The meeting recesses at 9:45 P.M. and reconvenes at 9:55 P.M. with all Council members present.
Attorney Jeffery Gladstone, 70 Highland Avenue, East Greenwich, Rhode Island, an Attorney with Partridge, Snow and Hahn, representing Blue Cross, says Blue Cross was the lowest bidder on each and every category.
Robert L. Knowles, Senior Account Executive of Blue Cross, makes a presentation to the City Council. Mr. Knowles says there were some concerns from some of the Council members regarding transitions, and assures the Council that anyone in the middle of treatment would be taken care of.
Christopher J. Gilfillan, President of the F.O.P. Lodge #1, and Jack Smith, Financial Secretary of the Steelworkers Union, address the Council.
Mr. Gilfillan says it is the Union's interpretation that both parties have to agree to switch providers. He says for the record that the F.O.P. is not ready to switch, and they are satisfied with Delta Dental. He says they negotiated in good faith in October, and Mr. Lemont never brought the subject to the table. He says the switch will increase the retirees cost.
Mr. Smith concurs with the F.O.P. He says the contract was signed on October 1st and the language in the contract requires approval by the Union to change providers.
After discussion, Mr. Conley is asked for an opinion. He responds that mutual agreement is needed in order to go forward. Each Union contract has that language and the mechanism for achieving does not anticipate an agreement prior to it. He says his recommendation is that any award be subject to agreement, which requires the City to sit down with the Unions and tell them it is believed that Blue Cross is an equivalent provider. He says that absent of the City's ability to do that, the City could not switch providers.
Mr. McDonald says the original contract expired on November 1st, and Delta Dental could be asked to extend the contract further. Mr. Lynch suggests taking a vote now. Mr. Larisa says that any motion made by him depends on the willingness of Delta Dental to extend the contract one more month, to give the City a chance to get an agreement from the Unions. Mr. Miranda says he feels action has to be taken tonight.
A representative from Delta Dental says they cannot authorize any extension at this time, and can inform the City Manager tomorrow on the decision.
Mr. Larisa makes a motion that the Council indicate an intent to award the contract to Blue Cross subject to the City Manager sitting down with all Unions and obtaining their consent to make such an award. In the event consent is not reached with the Unions, this Council will have to call a special Council meeting and get a report from the City Solicitor and the City Manager on the status of the negotiations and the legal ramifications of the answer. There is no second to the motion and the motion dies for lack of a second.
Mr. Lynch makes a motion, seconded by Mr. Miranda, that the contract be awarded to Delta Dental.
Discussion follows. Mr. Miranda says he feels the language in the Police contract requires the agreement of the Union and says he wants to avoid going to court. Mr. Midgley says he will not vote to give it to the high bidder and will vote against it. Mr. Larisa says he agrees with Mr. Midgley and will vote against it. After further discussion, roll-call vote is taken:
Mr. Larisa Nay
Mr. Lynch Aye
Mr. Midgley Nay
Mr. Miranda Aye
Mayor Grant Nay
Motion denied on a 3-2 vote.
Mr. Midgley makes a motion to direct the City Manager to meet with the Unions and get back to the Council immediately, and also to find out from Delta Dental if they will extend the contract.
Roll-call vote is taken:
Mr. Larisa Aye
Mr. Lynch Aye
Mr. Midgley Aye
Mr. Miranda Aye
Mayor Grant Aye
Motion passes 5-0.
City Clerk, Valerie A. Perry, Re: Date for Scheduled Show Cause Hearing - Brownie's Bar & Grille
The City Clerk announces that the Show Cause Hearing for Brownie's Bar & Grille has been scheduled for January 7, 1997.
CLAIMS COMMITTEE
The Claims Committee Report is unanimously accepted on motion of Mr. Miranda, seconded by Mr. Larisa.
(By Councilman Joseph S. Larisa, Jr.)
1) Filing of Water Supply Board Claims
Mr. Larisa informs the public that if a change in water pressure caused flooding or breakage during the recent water incident, claims can be filed against the Water Supply Board, and claim forms are available in the City Clerk's office. The deadline for filing claims is January 17th.
2) Status of Potential Boat Storage
Mr. Larisa says for the record that he is against the proposed ordinance limiting the size of boats on property, and says what we need if anything is an ordinance to state certain boats could be classified a nuisance, which would be decided on by the Municipal Court Judge.
3) Advertisement for Harbormaster
Mr. Larisa says that ads will be placed in the newspaper for Harbormaster, and applicants will be reviewed by the Harbor Management Commission.
1*) AN ORDINANCE IN AMENDMENT OF CHAPTER 13 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED ENTITLED "PUBLIC PLACES", which amends Section 13-37 entitled "Membership; appointment and terms of members" (Requested by Mayor Rolland R. Grant)
The above-entitled ordinance is introduced by unanimous consent.
Mayor Grant states that this ordinance expands the Ancient Little Neck Cemetery Commission from three to five members. Motion to approve is made by Mr. Midgley, seconded by Mr. Larisa, and unanimously voted on a roll-call vote.
2*) AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "LICENSE AND BUSINESS REGULATIONS," which amends Subsection 15 of Section 18-13 entitled "Traffic fines"
(Requested by Chief of Police)
The above-entitled ordinance is introduced by unanimous consent.
Mr. Conley states that this ordinance establishes fines as required by State law. Motion to approve is made by Mr. Lynch, seconded by Mr. Miranda, and unanimously voted on a roll-call vote.
(By Mayor Rolland R. Grant)
Special Police Officer
James Miller 69 Jackson Avenue 02915
On motion of Mr. Lynch, seconded by Mr. Miranda, James Miller is nominated Special Police Constable for the term expiring December 1, 1997, subject to conformance with all the rules and regulations.
East Providence Housing Authority
(Mayor's appointment - no confirmation needed)
(R) Fernando Pereira 80 John Street (02914)
Mayor Grant reappoints Fernando Pereira to the above Board.
Court Officer
(R) Charles Goodwin 108 Prescott Avenue 02915
Charles Goodwin is reappointed Court Officer on a motion by Mr. Lynch, seconded by Mr. Miranda and unanimously voted.
Court Clerk/Administrator
June O'Hara 1354 So. Broadway 02914
June O'Hara is appointed Court Clerk/Administrator on a unanimous vote on motion by Mr. Lynch, seconded by Mr. Miranda.
(By Councilman Peter F. Midgley)
Personnel Hearing Board
(R) Donna DelleFemine 67 Algonquin Road 02916
On a unanimous vote, Donna DelleFemine is reappointed to the above Board on a motion by Mr. Midgley, seconded by Mr. Lynch.
WEIGHERS OF COAL & OTHER MERCHANDISE
1) James P. Anthony, 510 Hope Road, Hope, RI
Employed by General Road Trucking Corp., East Providence, RI
2) Joseph Anthony, 59 Jacob St., Seekonk, MA
Employed by General Road Trucking Corp., East Providence, RI
3) Gregory M. Demetrakas, 105 Valley St., East Providence, RI
Employed by City Scrap Metal Co., 105 Valley Street, East Providence, RI
On a unanimous vote, all reappointed on a motion by Mr. Larisa, seconded by Mr. Miranda.
Meeting adjourns at 11:10 P.M.
Attest:
Valerie A. Perry, CMC
City Clerk
Approved:_____________________________