April 15, 1997 - Journal of the Regular Council Meeting 

CITY OF EAST PROVIDENCE

RHODE ISLAND

JOURNAL OF REGULAR COUNCIL MEETING

TUESDAY, APRIL 15, 1997

8:00 P.M.

The City Council meets in the Council Chamber on Tuesday, April 15, 1997, at 8:00 P.M. and is called to order by Mayor Rolland R. Grant.

Present:                    Rolland R. Grant                    )  Mayor

                                 Gerald R. Lynch                     )  Council Members

                                 Peter F. Midgley                     )

                                 Norman J. Miranda                )

                                 Paul E. Lemont                    )  City Manager

                                 William J. Conley, Jr.           )  City Solicitor

                                 Valerie A. Perry                   )  City Clerk

Absent:                    Joseph S. Larisa, Jr.            )  Council Member

(Claudia Merandi, Merandi Reporting, is present to record the proceedings of the public hearing)

Invocation is given by Councilman Norman J. Miranda.

Salute to the Flag is led by Mayor Rolland R. Grant.

TO APPROVE THE CONSENT CALENDAR

Motion made by Mr. Miranda, seconded by Mr. Lynch and on a roll-call vote 4-0, it is voted to approve the Consent Calendar.  Mr. Larisa noted absent.

CONSENT CALENDAR

Coastal Resources Management Council - FINDING OF NO SIGNIFICANT IMPACT File No. M97-3-53

Requesting to replace (2) pilings and add (2) pilings, repair ramp. replace (2) post; located at 66 Beach Point Drive, Plat 100, Lot 18.  (Lucille Corrado)

File No. A97-3-29 – ASSENT

Requesting to construct concrete block wall along property boundary (perpendicular to existing shoreline seawall) approximately 40' long, 2' height, located: 8 Harding Avenue, Plat Map 313, Block 8, Lot 11.  (John J. & Louise F. O'Neil)

File No. M97-4-10 - FINDING OF NO SIGNIFICANT IMPACT

Requesting to replace 4 damaged pilings, located: 74 Riverside Drive, Plat Parcel 11, Block 23.  (William E. Curren)

File No. 97-3-64 - FINDING OF NO SIGNIFICANT IMPACT

Requesting to replace roof shingles, located: 1427 South Broadway, Map 108, Block 1, Parcel 9.  (Raymond Machado)

Department of Environmental Management

File No. 96-0548  - INSIGNIFICANT ALTERATION – PERMIT

In reference to location: Approximately 150 feet west of Commercial Way, Utility Pole No. 23 and 24, approximately 800 feet southwest of the intersection of Commercial Way and Taunton Avenue, Map 506, Block 1.  (Lionel Development Corp)

Alcoholic Beverage - Class F - May 16, 17, & 18, 1997 -  19 hours beginning at 6 AM           

Applicant                             - Holy Ghost Beneficial Brotherhood

Location                              - 51 North Phillips Street

(Permission to advertise)          - Transfer of Stock

Alcoholic Beverage

Applicant                               - Papa Gino's, Inc.

dba                                        - Papa Gino's

Location                                - 12 Narragansett Park Drive

Subject to approvals from: Chief of Police, Building Inspector, Health Inspector

(Permission to advertise)          - Transfer of Stock

Alcoholic Beverage

Applicant                            - Papa Gino's, Inc.

dba                                     - Papa Gino's

Location                             - 80 Highland Avenue

Subject to approvals from: Chief of Police, Building Inspector, Health Inspector

All CC items are voted and passed on one vote.

CITY COUNCIL SITTING AS LICENSING COMMISSIONERS

LICENSES REQUIRING PUBLIC HEARING

ALCOHOLIC BEVERAGE - TRANSFER OF CLASS - From Class B Limited toClass B Full Privilege (Victualler)

Applicant                    - SAZ, Inc.

dba                             - Town Pizza & Family Restaurant

Location                     - 949 Willett Avenue

Subject to approvals from: Chief of Police, Building Inspector, Health Inspector

Zasilos Zafiriades, 949 Willett Avenue, is present and sworn. 

Attorney Martin Slepkow, representing the applicant, speaks on behalf of his client.  Mr. Slepkow tells the Council that the applicant feels he needs a Full Privilege Alcoholic Beverage License in order to stay in business and compete with the many area restaurants.  Mr. Zafiriades speaks to the Council and reiterates Mr. Slepkow's comments.

Lewis McKenna, 75 Holland Avenue, is present and sworn and speaks in favor of the license transfer.

Mr. Midgley says he has serious reservations about the license and says it is not in the best interest of the residents in the area.

Mr. Lynch says he sees no reason why the license should be denied to someone who has run a fine business for 25 years.

Mr. Miranda states that he denied another license class transfer and he must be consistent.

Motion to deny the license transfer of class is made by Mr. Midgley and seconded by Mr. Miranda.  A roll-call vote follows:

Mr. Lynch                    Nay

Mr. Midgley                 Aye

Mr. Miranda                 Aye

Mayor Grant                Aye

Motion to deny passes on a 3-1 vote.  Mr. Larisa is noted absent.

LICENSES NOT REQUIRING PUBLIC HEARING

Victualling/Not over 25

Applicant                   - The Family Grill, Inc.

dba                            - The Family Grill

Location                    - 321 Warren Avenue

Subject to approvals from: Chief of Police, Building Inspector, Health Inspector

Donna J. Amaral, 38 Sumach Avenue, is present and sworn.

On motion of Mr. Miranda, seconded by Mr. Midgley, and on a 4-0 vote the above license is granted.  Mr. Larisa is noted absent.

Victualling/ Corporation – Transfer

From                            - Daka, Inc.

dba                              - Hasbro

To                                - Aramark at Hasbro

Location                       - 200 Narragansett Park Blvd

Subject to approvals from: Chief of Police, Building Inspector, Health Inspector

Jerilyn Cahalan, 3617 Main Road, Tiverton, Rhode Island is present and sworn.

On a 4-0 vote, motion made by Mr. Lynch, seconded by Mr. Miranda, the above license is granted.  Mr. Larisa is noted absent.

Alcoholic Beverage - Class F - FEAST - 19 hours beginning at 6:00 A.M. on  June 27, 28, 29, 1997

Applicant                    - St Francis Xavier Band

Location                     - 51 No Phillips Street

Approved: Chief of Police

Subject to approvals from: Building Inspector, Health Inspector

The above license is deferred on a 4-0 vote on motion of Mr. Miranda, seconded by Mr. Lynch.  Mr. Larisa is noted absent.

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL

PUBLIC HEARING

ORDINANCES - FINAL PASSAGE (Given first passage Thursday, April 3, 1997)

Advertised - Providence Journal - April 8, 1997

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.", which amends Section I.  Subsection 18-315 entitled "Reserved parking designated--Handicapped parking.", adding:

MAPLE AVENUE (north side) in front of house number 113, from a point twenty-two (22)  feet east of the NARRAGANSETT AVENUE intersection easterly forty (40) feet.

CHAPTER NO. 429

(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.

There are no persons present who wish to be heard.

On motion of Mr. Miranda, seconded by Mr. Midgley, and on a roll-call vote 4-0, said ordinance is adopted.  Mr. Larisa is noted absent.

NEW BUSINESS

CITY MANAGER

Update - Police Department Computerization

Mr. Lemont speaks on the issue, and says the objective was to be able to put police on the street and have contact with the department through computers.  He says a timetable was given to the company to get the programming working, and the timetable was not met.  Mr. Lemont goes on to say that Streetguard will be notified by mail that the City is terminating their services and he will be looking at ways to recover the money that was spent.  He says he will be reporting back with an update.

CITY OFFICIALS

Finance, James F. McDonald, Finance Director

1)          Re: Requesting approval to award a contract for the twenty-four (24) month lease/purchase ($1.00 buyout), for five (5) 1996 Ford vehicles for the Police Department.

Mr. McDonald addresses the Council regarding the contract for police vehicles.  Mr. Miranda says he has serious problems with spending money right now, because of the revaluation and the pending tax rate.  After some discussion, motion is made by Mr. Miranda and seconded by Mr. Midgley to defer this item until the topic of tax revaluation is discussed.  Motion passes 4-0.  Mr. Larisa is noted absent.

2)          Re: Requesting the City Council approval for the Pre-Qualification of General Contractors, in order for them to be able to bid on the additions/renovations of Memorial Hall, for the Senior Center at Providence Country Day.

This item is deferred at the request of Mr. McDonald.

Deferred on motion of Mr. Miranda, seconded by Mr. Lynch on a 4-0 vote.  Mr. Larisa is noted absent.

3)          Re: Update the City Council on the property tax revaluation.

Mr. Mc Donald addresses the Council.  He discusses the resolutions that went to the General Assembly regarding the property tax revaluation.  He says the Homestead exemptions and the Motor Vehicle rate were both passed by the Senate, but have not been heard in the House as yet.  Mr. McDonald talks about the formula that was used to determine the new tax rate - $23.80 per thousand.  He says the basic residential property has increased 107% since 1983 and the commercial and industrial property is worth approximately 40% more than it was in 1983.  The Homestead exemptions was set at 15%, which would mean a 15% reduction to homeowners who reside at the property they pay taxes on.  Mr. McDonald reminds the Council that the tax bills normally go out in May, and time is a problem.

A discussion is held on the percentage of the Homestead exemption, and the possibility of looking to increase the percentage.  Mr. McDonald says it would up the $23 number, but the bill for the average person would go down.

Mr. Lynch says that an average tax hike of $320 is unacceptable and suggests the Council meet in a workshop within the next few days.  Mr. Miranda says the increase is unacceptable and says the rate has to be lowered, even if it means laying off City employees.

Mayor Grant addresses the issue and says there should be a moratorium on any future spending right away, no matter what it is, unless it is an emergency.  He says everyone is going to have to tighten their belts.

After further discussion, motion is made by Mr. Midgley, seconded by Mr. Miranda, that there will be no unnecessary or non-planned spending as of right now cease and desist until we figure where we are.

Mr. Lemont comments.  He says his budget was reduced from $1.95 to $1.35, and if it is squeezed any further there will be a reduction in services.  He says before it gets to that point, he would like to meet with the Council and Mr. McDonald to try and resolve the problem.  He asks that a workshop be held rather than take any action tonight.

Mayor Grant states that he feels very strongly about deferring items, because it tells everyone in the City that the elected officials are trying to help, and what is being said in this motion is that any spending, budgeted or otherwise, will not take place until the City can get the 20 or 30% on the Homestead exemption.

Mr. Midgley states that he meant any unnecessary or non-essential spending.  He says he did not mean not paying the bills or paying utilities.

After further discussion a roll-call vote is taken on the motion:

Mr. Lynch                       Aye

Mr. Midgley                    Aye

Mr. Miranda                    Aye

Mayor Grant                   Aye

Motion passes 4-0.  Mr. Larisa is noted absent.

It is decided that a Special Meeting will be held on Friday, April 18, 1997 at 6:00 P.M. for the purpose of a Council workshop regarding the property tax rate.

The meeting recesses at 9:45 P.M. and reconvenes at 9:50  P.M.  Mr. Larisa is noted absent.

Gary Dias, Chief of Police

Requesting to address the Council re: Community Oriented Policing (COP) Grant On motion of Mr. Lynch, seconded by Mr. Miranda, and on a 4-0 vote, it is voted to defer this item.  Mr. Larisa is noted absent.

Planning Department , Jeanne Boyle, Planning Director

1997-1998 CDBG Planning Process: Applications received for funding. Jeanne Boyle, Planning Director, addresses the Council and states that the Public Hearing has been scheduled for May 6, 1997, and a presentation will be given by all applicants, and the Planning Department's recommendations will be presented to the Council on May 15, 1997.

REPORTS OF COMMITTEES

CLAIMS COMMITTEE

No Claims Committee Report at this time.

COUNCILMEN

(By Councilman Peter F. Midgley)

Computers/Communication

1)          Mr. Midgley says the issue was addressed by Mr. Lemont.

2)          Mr. Midgley speaks on letters sent to the Council and City Manager commending City employees.  He says the public should be made aware of these letters, and suggests the City Clerk put them on the docket.  Mayor Grant says he will give the City Clerk copies of future letters to be included on the docket.

RESOLUTION

ABANDONMENT OF CAROUSEL DRIVE

INTRODUCTION OF ORDINANCES

(If given first passage can be referred to the next regular Council meeting to be held on Tuesday, May 6, 1997, for a public hearing and consideration of final passage)

1)          AN ORDINANCE IN AMENDMENT OF CHAPTER 17 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "UTILITIES .", which amends Article III entitled "Sanitary Sewer Systems" as follows:

     Section I. Section 17-176 entitled "Definitions", by adding definitions.

     Section II. Section 17-76 entitled "Definitions", by deleting definitions.

     Section III. Section 17-76 entitled "Definitions, by changing definitions.

     Section IV. Section 17-77 entitled "Abbreviations", by adding abbreviations.

     Section V. Section 17-77 entitled "Abbreviations", by deleting abbreviations.

     Section VI. Section 17-85 entitled "Notice by violations; penalties; disconnection of

                       sewer; liability for costs, expenses, etc., of violations, Subsection (a).

     Section VII. Section 17-159 entitled "General Discharge Prohibitions."

     Section VIII. Section 17-161 entitled "Pollutant Limitations."

     Section IX. Section 17-164 entitled "Accidental discharge/Slug Control Plans."

     Section X. Section 17-166 entitled "Administration", Subsection (b) and (c).

     Section XI. Section 17-166 entitled "Administration, Subsection (g).

     Section XII. Section 17-167 entitled "Enforcement; penalty; costs."

(Requested by Director of Public Works)

On motion of Mr. Lynch, seconded by Mr. Miranda, and on a roll-call vote 4-0, said ordinance is given first passage and referred to the next regular Council meeting to be held on May 6, 1997 for a public hearing and consideration of final passage.