CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
TUESDAY,
The City Council meets in the Council Chamber on Tuesday, January 9, 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 )
Norman J. Miranda )
Robert D. Sullivan )
Paul E. Lemont ) City Manager
William J. Conley, Jr. ) City Solicitor
Valerie A. Perry ) City Clerk
(Joanne DeMasco, Woods Reporting, 20 Fifth Street, Providence, Rhode Island, is present to record the proceedings of the public hearings)
Invocation is given by Councilman Gerald R. Lynch.
Salute to the Flag is led by Councilman Norman J. Miranda.
On motion of Mr. Lynch, seconded by Mr. Larisa, and on a unanimous roll call vote with all Council members present and voting, it is voted to remove the Closed Session from the Council Journals and approve the Consent Calendar as amended.
Regular Meeting - December 5, 1995
Closed Session - Land Acquisition - December 5, 1995
Unanimously voted to keep the December 5, 1995, Closed Session closed on motion of Mr. Larisa, seconded by Mr. Lynch.
Coastal Resources Management Council – ASSENT File No. A95-12-22
Requesting to conduct environmental site assessment consisting of excavation of (12) test pits, drilling fifty-five soil borings, and install ten (10) monitoring wells; located at Plat 6, Lot 5; Unocal Facility, 1 Pier Road. (Unocal Corp)
File No. A95-12-23 - RESIDENTIAL DOCK ASSENT
Requesting to maintain a private residential recreational boating facility. (Lucille Corrado)
File No. B95-11-31
Requesting to construct steel bulkhead, dredge (approx. 104 cubic yards), install travel lift, located at 254 Bullocks Cove Marina, 254 Riverside Drive, Plat 7, Lots 1, 6,7. (Bullocks Cove Marina, Inc)
Violation No. 1514-95 - CEASE AND DESIST - (Violation)
Persons/Agent, have failed to register with the CRMC a residential boating facility located at Map 414, Block 20, Parcel 1, 206 Riverside Drive. (William and Marjorie Derlien)
File No. 95-12-47 - FINDING OF NO SIGNIFICANT IMPACT
Requesting to construct a single family dwelling as per the approved plans, located at Terrace Avenue, Map 44, Block 04, Parcel 011.10. (Estate of Dora M Fleurant)
File No. 95-12-44 – ASSENT
Requesting to add two (2) floats to approved marina configuration: approx. (1) 6'x15' and (1) 4'x32'; located at Plat 415/06, Lot 3; 233 Riverside Drive. (David and Karen Peterson)
Assessment Board of Review
By Peter P. Calise, Chairman
Requested adjustments for tangible and income/commercial, Tax Board of Review:
Year Amount
1995 $ 3,207.07
All CC items are unanimously approved and received as information.
ALCOHOLIC BEVERAGE LICENSE - Class B Full Privilege
(Transfer of Class only)
Applicant - Rosegarden Restaurant
Location - 579 Warren Avenue
Approved: Chief of Police
Subject to approvals from: Building Inspector, Health Inspector
Gregory Rose, 13 Berkeley Street, is present and sworn.
The following persons are sworn in and speak against the license:
John Cardoza 126 So. Spruce Street
Charlie Botelho 553 Warren Avenue
Deborah Cardillo 559 Warren Avenue
Raymond A. Cardillo 559 Warren Avenue
Etta Silvia 559 Warren Avenue
Robert Allen 559 Warren Avenue
Mr. Miranda asks Mr. Rose if he is going into partnership with anyone and says he will vote against the license.
Mr. Rose says if he does not receive the Full Privilege license, he will not get the capital needed and will not be able to reopen.
After further discussion, motion to deny the license is made by Mr. Miranda, seconded by Mr. Lynch and voted as follows:
Mr. Larisa Nay
Mr. Lynch Aye
Mr. Miranda Aye
Mr. Sullivan Aye
Mayor Grant Aye
Motion passes 4-1.
Gatherer
Applicant - George D. Walmsley, 641 Bullocks Point Avenue
Approved: Chief of Police
George D. Walmsley, 641 Bullocks Point Avenue, is present and sworn.
Mr. Walmsley states that he has a storage facility. Motion to approve is made by Mr. Sullivan, seconded by Mr. Larisa, and voted unanimously on a roll-call vote.
Victualling/Not over 25 – Transfer
From - Morning Star Bakery
To - Bakewell Bakery, Inc.
dba - Morning Star Bakery
Location - 1066 South Broadway
Approved: Chief of Police
Subject to approvals from: Building Inspector, Health Inspector
Victor Asencao, 12 Partridge Avenue, Somerset, Massachusetts is present and sworn.
Motion to approve is made by Mr. Miranda, seconded by Mr. Larisa, and voted 5-0, subject to all approvals.
Sunday/Holiday – Transfer
From - Morning Star Bakery
To - Bakewell Bakery, Inc.
dba - Morning Star Bakery
Approved: Chief of Police
Subject to approvals from: Building Inspector, Health Inspector
Motion to approve is made by Mr. Miranda, seconded by Mr. Larisa, and voted 5-0, subject to all approvals.
Victualling/Not over 25
Applicant - Shaw's Supermarket
Location - 1050 Willett Avenue
Subject to approvals from: Chief of Police, Building Inspector, Health Inspector
Paul Fellstone, 1300 Belmont Street, Brockton, Massachusetts is present and sworn. He states that the store will open in February. Motion to approve made by Mr. Sullivan, seconded by Mr. Larisa, and voted 5-0, subject to all approvals.
Sunday/Holiday
Applicant - Shaw's Supermarket
Location - 1050 Willett Avenue
Subject to approvals from: Chief of Police, Building Inspector, Health Inspector
Unanimously voted to grant the above licenses, subject to all approvals, on motion of Mr. Sullivan, seconded by Mr. Larisa.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
Motion is made by Mr. Larisa, seconded by Mr. Miranda, to change the order of business and hear the City Manager's and City Solicitor's docketed items on Reversionary Annuity at this item. Motion passes 5-0.
CITY MANAGER
Reversionary Interest - Police & Fire Pension Plans
Law Department
By William J. Conley, Jr., City Solicitor
Re: East Providence City Ordinance Section 11-237 - Reversionary Annuity
ORDINANCES - FINAL PASSAGE - (Given First Passage December 5, 1995) Advertised - Providence Journal - December 26, 1995
1) AN ORDINANCE IN AMENDMENT OF CHAPTER 11 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "PERSONNEL, PENSIONS AND RETIREMENT." Which amends Sec I. Sec. 11-237 entitled "Reversionary annuity.", is hereby repealed in its entirety.
CHAPTER NO. 395
(Requested by Councilman Joseph S. Larisa, Jr.)
The above-entitled ordinance, referred to this time and place for a public hearing and consideration of final passage is called for hearing.
Mr. Lemont introduces Mike Fallon, an Actuary who has been involved in pension plans. Mr. Fallon states that if reversionary annuity is selected by many people, it could be very expensive for the City. He says there are ways that the City can limit the reversionary annuity, such as limiting payments to beneficiaries or limiting the length of time of benefits.
Christopher Gilfillan, 10 Sandy Lane, Bristol, Rhode Island, President of the East Providence F.O.P. Lodge #1, is present and sworn and speaks on the issue.
Mr. Gilfillan states that the Police contract was signed on December 1st and this issue was proposed on December 5th. He says that he does not think the Council meeting is the forum to discuss pension changes.
Mr. Larisa states that the State Law specifically says no union can discuss pension issues during negotiations.
After some discussion, the meeting recesses at 9:45 P.M. and reconvenes at 9:55 P.M. with all Council members present.
Oscar Elmasian, 159 Pavillion Avenue, President of the East Providence Firefighters Association, Local 850, is present and sworn and speaks on the issue.
After further discussion, motion to approve the ordinance is made by Mr. Larisa, seconded by Mr. Sullivan, and unanimously passed on a roll-call vote.
**2) AN ORDINANCE IN AMENDMENT OF CHAPTER 10 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "NUISANCES.", adding thereto the following:
ARTICLE V. LOITERING ON PUBLIC AND PRIVATE PROPERTY
Section 10-55. Definition.
Section 10-56. Prohibited
Section 10-57. Notice (a) (b)
CHAPTER NO. 390
(Requested by Chief of Police)
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. Larisa, and on a unanimous roll-call vote with all Council members present and voting, said ordinance is adopted.
The report of the Claims Committee is unanimously accepted on motion of Mr. Miranda, seconded by Mr. Lynch.
Transport Fees - Rescue Squad
At Mr. Lemont's request, motion is made by Mr. Lynch, seconded by Mr. Larisa, and voted 5-0 to defer this item to another meeting.
Motion is made by Mr. Lynch, seconded by Mr. Larisa, to change the order of business to place Country Day purchase next on the docket. Motion passes 5-0.
Mr. Lemont addresses the Council on the Providence Country Day land acquisition. Planning Director, Jeanne Boyle, and Planner Marijoan Bull, present the City's proposal for the use of the land.
After the presentation, the Council questions Mr. Lemont on additional costs. The Council members state that the land is a prime piece of property that will benefit the City.
Mayor Grant states his concern about the local tax impact.
After further discussion, motion is made by Mr. Larisa, seconded by Mr. Miranda, to approve the signing of an agreement to purchase the Providence Country Day property for a total of $1.8 million. Motion passes on a unanimous roll-call vote with all Council members present and voting.
CITY MANAGER
1) RFP - Infrastructure Replacement Plan
Public Works Director, Julia Forgue answers questions from the Council. Motion to approve is made by Mr. Larisa, seconded by Mr. Miranda, an unanimously voted on a roll-call vote with all Council members present and voting.
Mr. Miranda commends Ms. Forgue for a job well done by her department during the recent snow storm. Ms. Forgue says most of the thanks should go to the men in the department.
Mr. Miranda receives Unanimous Consent to discuss the Charity Ball. He announces that the Charity Ball will be held on February 10, 1996 at the Phillips Street Hall. City Clerk, Valerie Perry reports on the charities that benefitted from last years proceeds.
(By Mayor Rolland R. Grant)
Police Department, Organization City Charter Section 7-1
Mayor Grant says that because of the Police Chief's recent retirement, it is assumed that there will be a reorganization of the department, and he requests an updated copy of the Department's rules and regulations, including job descriptions and an organizational chart. Mayor Grant says that the Council should take a look at exactly what the Council's duties are in respect to the organization of the Police Department.
Mr. Sullivan receives Unanimous Consent to discuss the notification of the Police Chief's retirement. He says that the Council did not get notified of the Police Chief's retirement until January 3, 1996, yet the Chief's letter to the City Manager was dated December 22, 1995. He says he wants to make a motion that the Police Chief be appointed from within the rank and file of the East Providence Police Department and the selection process be started at 8:00 A.M. tomorrow morning, January 10, 1996. He says that according to the City Charter, the organization of the Police Department shall be made by the Council on recommendation of the City Manager.
He says he spoke with the City Manager during last year's budget process, and suggested eliminating the position of Deputy Chief, which he believes is a duplication of the Police Chief's job. Mr. Sullivan say he wants Mr. Lemont to come back to the City Council at the next City Council meeting in reference to this recommendation.
Mr. Lynch suggests that maybe the Council may want to recommend to Mr. Lemont not to fill the Deputy Chief's position until the City Council reviews the issue with him.
After further discussion, motion is made by Mr. Sullivan, seconded by Mr. Lynch, that the position of Deputy Police Chief not be filled on a temporary basis until after the Council reviews the position.
Roll Call vote follows:
Mr. Larisa Abstain
Mr. Lynch Aye
Mr. Miranda Aye
Mr. Sullivan Aye
Mayor Grant Aye
Motion passes 4-0 with 1 abstention.
Mr. Lemont responds and says that on January 3, 1996, he received a resignation letter from the Police Chief which was dated December 22, 1995. He says he called the Council immediately upon receiving the letter. He goes on to speak of the Police Department and recommends having a Deputy Chief in the department.
(If given first passage can be referred to the next regular meeting to be held on January 30, 1996 for a public hearing and consideration of final passage)
1) AN ORDINANCE IN AMENDMENT OF CHAPTER 9 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "MISCELLANEOUS OFFENSES.", which amends: Sec. I Sec. 9-3. entitled: "Disorderly or indecent conduct." (A) 1,2,3,4,5,6,7
(Requested by Councilman Robert D. Sullivan)
The above-entitled ordinance is introduced and on motion of Mr. Miranda, seconded by Mr. Larisa, is given first passage and referred to the next regular Council meeting to be held, January 30, 1996 for a public hearing and consideration of final passage.
(By Mayor Rolland R. Grant)
Conservation Commission Expires
(R) Bruce Blaydes 66 Griffith Drive 02915 1-1-1999
(R) William Connell 18 Monmouth Drive 02915 1-1-1999
(R) Eugene Carpenter 37 Nimitz Road 02916 1-1-1999
(R) Frank Chase 77 Ide Avenue 02914 1-1-1999
Economic Development
(R) John Marshall 49 Ide Avenue 02914 11-19-2000
(R) Donald B. McLean 88 Brookfield Road 02914 11-19-2000
(R) Joseph A. Pangborn, Jr. 94 Crown Avenue 02915 11-19-2000
(R) Kevin Marlowe Smith 14 Village Green No. 02914 11-19-2000
Library Board of Trustees
(R) Ethel Chase 77 Ide Avenue 02914 2-1999
Minimum Property Standards Board of Review
(Alt) Steven Gianlorenzo 25 Tripps Lane 02914 7-14-2000
Planning Board
Peter Poland 57 Richfield Avenue 02916 1-15-1999
(By Councilman Robert D. Sullivan)
Recreation Advisory Board
(R) Alice Sullivan 15 Burton Avenue 02915 1-1-2001
(By Councilman Gerald R. Lynch)
(R) Coastal Resources
John Knight 15 Rosemere Drive 02916 12-31-1998
(R) Library Board
Wilfrid L. Gates, Jr. 1540 Pawtucket Avenue 02916 2-2-1999
(By Councilman Norman J. Miranda)
(R) Carousel Commission
Carol Medeiros 24 Humphrey Street 02914 1-1999
(R) Library Board of Trustees
Paulo Silva 150 South Rose Street 02914 2-2-1999
(R) Recreation Advisory Board
Joseph Sousa 234 Mercer Street 02914 1-1-2001
(By Councilman Joseph S. Larisa, Jr.)
(R) Planning Board
Bruce DiTraglia 120 Smith Street 02915 1-15-2001
All appointments are made on one motion and unanimously approved on a roll-call vote on motion by Mr. Miranda, seconded by Mr. Larisa.
Harbor Master
Mooring Fees
Request for fee increase - Non-resident
On a motion by Mr. Larisa, seconded by Mr. Miranda, it is unanimously voted to approve the Harbormaster's request to increase the mooring fees for non-residents to $150.
Meeting is adjourned at 11:50 P.M. on a motion of Mr. Larisa, seconded by Mr. Miranda.
Attest:
Valerie A. Perry
City Clerk
Approved:___________________________