October 21, 1997 - Journal of the Regular Council Meeting 

 

CITY OF EAST PROVIDENCE

RHODE ISLAND

JOURNAL OF REGULAR COUNCIL MEETING

TUESDAY, OCTOBER 21, 1997

 

The City Council meets in the Council Chamber on Tuesday, October 21, 1997, and is called to order at 8:00 p.m. by Mayor Rolland R. Grant.

 

Present:          Mayor Rolland R. Grant     )     Council Members

                       Joseph S. Larisa, Jr.          )

                       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 Gerald R. Lynch.

 

On motion by Mr. Midgley, seconded by Mr. Lynch, and on unanimous roll call vote, it is VOTED that the Consent Calendar be approved as presented.

 

Mr. Larisa asks that the minutes of the Show Cause Hearing on September 17, 1997 be removed from the Consent Calendar in order for the City Clerk to review the tape for Mr. Larisa's comments, found in the 3rd paragraph on page 2. 

 

CONSENT CALENDAR

 

1.         APPROVAL OF COUNCIL JOURNALS

Regular Meeting - October 7, 1997

Amendment to Council Journal of September 17, 1997 - Show Cause

Hearing - New England Towing, Inc. - Change Police Officer's name to Mark

Stephen Norton. (Removed per Council vote).   

     

 

2.     City of Newport - Resolution - Requesting the Rhode Island General Assembly enact a ten-year cap on the total value of property owned by non-profits that are exempt from property tax.

 

 

3.     Richmond - Resolution - Requesting Educational Financial Support

 

 

4.     Coastal Resources Management Council - File No. 97-10-2 - Requesting to replace existing fence, walkway, install new front door and re-shingle roof. (Manuel & Maria Cabral)

 

 

5.     File No. B97-6-25 - Requesting residential subdivision consisting of forty-six (46) individual residential structures on forty-eight lots, approximately 2,700 linear feet of new roadway, associated utilities, landscaping/grading, drainage system, including water quality basin, and sewage pump station.  Subdivision to be served by municipal sewers; located at Extension of Carousel Drive (former "Crescent Park" site), City of East Providence, RI; Block/Map/Parcel  24,1,15/414, 413/1, 3&4, 2.  (Kelly & Picerne, LTD)

 

 

6.     File No. B97-7-43 - Bold Point Park Rehabilitation (as per approved plans); located at Plat 22, Lot 1, Bold Point Park. (City of East Providence)      

 

 

7.     DEM WQC File No.: Bold Point Park - Requesting to dredge approximately 188 cubic yards of sediment from the Seekonk River and construct two concrete boat ramps and a single fixed wooden pier, permanently dispose of the dredged sediment on site and use it as a sub-base for proposed parking to be located at adjacent to the boat area.  (City of East Providence)

 

 

8.     CRMC Decision - File No. 97-7-43 - Requesting to construct and maintain an existing gravel boat ramp with two 12'x92' concrete ramps including the installation of a single fixed handicapped accessible 8'x90' wooden dock; replacement of an existing 16'x18' wooden floating boat dock and a 4'x24' wooden pier with a 16'x16' wood dock and a 4'x24' aluminum gangway.  The City also proposes to reconstruct and provide an asphalt surface to an existing gravel entrance road and parking area accommodating 33 parking spaces.  (City of East Providence)

 

 

9.     DEM Insignificant Alteration - Permit - Application No. 97-0310; in reference to the location as follows:  Approximately 350 feet east of Bradford Ave, approximately 400 feet northeast of the intersection of Bradford Ave and Greenwich Ave, Assessor's Map 408, Block 17, Parcel 9. (H. Winfield Tucker)

 

 

10.     Assessment Board of Review - Peter P. Calise, Chairman – Requested adjustments for Hardship, Tax Board of Review.  Year - 1997  Amount - $2,902,80

 

 

11.     Alcoholic Beverage License - Class A - Transfer of Stock - (Permission to advertise)  From- Liquor Depot, Inc., To - Liquor Depot of East Providence,  1235 Wampanoag Trail

 

PROCLAMATIONS, PRESENTATIONS AND INTRODUCTIONS

 

YWCA Week Without Violence  October 19-25, 1997

 

PUBLIC HEARING - Budget Hearing for Fiscal Year 1997-1998 - Continued from October 7, 1997

 

Dr. Taras Herbowy, Superintendent of Schools, answers questions from the Council.  A discussion is held regarding the teacher contract for next year, which calls for the salaries to be increased to the State median, plus $1,000, a potential of at least 6% increase.  Mr. Larisa warns that next year's budget will be much worse to deal with.

 

Mr. Lynch discusses tying the Northern end of the City into the City's Sewage Treatment Plant, and says the cost will be approximately $20 million.  Mr. Lemont speaks on the Narragansett Bay Commission and says the City can save money

eventually, but it will cost a lot of money up front.  He says the City now pays $1 million for the sewer use rate.

 

After Council comments on their individual positions on the budget, a motion to approve the budget as presented by the City Manager is made by Mr. Lynch, seconded by Mr. Larisa, and voted on a roll call vote as follows:

 

Mr. Larisa            Aye

Mr. Lynch            Aye

Mr. Midgley         Aye

Mr. Miranda         Nay

Mayor Grant        Nay

 

Motion passes 3-2.

 

The meeting recesses at 9:04 p.m. and reconvenes at 9:15 p.m.

        

ORDINANCES - FINAL PASSAGE

(Given first passage September 5, 1997)  

              

AN ORDINANCE APPROPRIATING $85,618,355 FOR THE SUPPORT OF THE CITY GOVERNMENT FOR THE FISCAL YEAR ENDING OCTOBER 31, 1998.  CHAPTER NO.   453      

 

 

On motion of Mr. Larisa, seconded by Mr. Lynch, and on a unanimous roll call vote, it is VOTED to approve the ordinance for Final Passage.

 

 

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. I. Article IX entitled "Stop Intersections.", Subsec. 18-269 entitled "Stop and yield intersections designated; when stops required.", adding: WHITCOMB ROAD (northbound traffic), at CATALPA AVENUE (Director of Public Works)  CHAPTER NO.  458

 

 

On motion of Mr. Lynch, seconded by Mr. Miranda, and on a unanimous roll call vote, it is VOTED to approve the ordinance for Final Passage.

 

 

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. I. Article X entitled "Stopping, Standing and Parking.", Subsec 18-307 titled "Parking Prohibited at all times.", adding: WASHBURN AVENUE (north side) from DALTON STREET to MAGNOLIA STREET. (Director of Public Works)   CHAPTER NO. 459

 

 

On motion by Mr. Lynch, seconded by Mr. Miranda, and on a unanimous roll call vote, it is VOTED to approve the ordinance for Final Passage.

 

 

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: Sec. I. Sec 13-37  entitled "Membership; appointment and terms of members." (a) (b) (Requested by Mr. Midgley)    

CHAPTER NO. 460

 

 

On motion of Mr. Larisa, seconded by Mr. Midgley, and on a unanimous roll call vote, it is VOTED to approve the ordinance for Final Passage.

 

 

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. I. Article X entitled "Stopping, Standing and Parking.", Subsec 18-307 entitled "Parking Prohibited at all times.", adding: COVE STREET (south side) from its easterly terminus westerly twenty (20) feet.  (Director of Public Works)   CHAPTER NO. 461

 

 

On motion of Mr. Midgley, seconded by Mr. Miranda, and on a unanimous roll call vote, it is VOTED to approve the ordinance for Final Passage.

 

 

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. Division 1 of Article III entitled "Personnel Plan.";Division 1. Unclassified Employees, Officers of Members of Boards or Commissions Appointed by City Council. Sec. 11-46, Discipline and Discharge of Employees, Officers of Members of Boards or Commissions appointed by City Council. (A) (B) (C) (D) (E).  (By Mayor Grant and Councilman Midgley) CHAPTER NO. 452

 

 

On motion of Mr. Midgley, seconded by Mr. Larisa, and on a unanimous roll call vote, it is VOTED to approve the ordinance for Final Passage.

 

NEW BUSINESS

CITY OFFICIALS

 

William J. Conley, Jr., City Solicitor, addresses the council regarding the City's Lease Agreement with AT&T for them to place a cell antennae on the new water tower. He says the City wants a "Most Favored Nation" clause, which will provide that should AT&T give another municipality a lower price, East Providence would automatically get that lower price.  He says AT&T does not want this clause included. 

 

Mr. Lynch says the City would be foolish to bypass $24,000 per year and should come up with an amended clause.  Mr. Larisa says he would be in favor of dropping the "Most Favored Nation" request in the contract with the caveat that if any other municipality get the "Most Favored Nation" clause in the future, than East Providence will get the same language in its contract. 

 

On motion by Mr. Lynch, seconded by Mr. Larisa, it is unanimously VOTED to drop the clause, with the caveat that the City be given the "Most Favored Nation" clause if any other municipality gets it.  The motion passes unanimously on a roll call vote.

 

CLAIMS COMMITTEE

 

On motion by Mr. Larisa, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to accept as presented.

 

COUNCILMEN 

 

(Deferred from October 7, 1997)

 

Mayor Grant asks that his item on Anti-Litter Campaign be deferred indefinitely.

 

Councilman Larisa speaks on the subject of Capital Budget requests and he asks the City Manager to have a report prepared for the next Council meeting or the meeting following of capital budget items, prioritized by number.  He asks for the cost of each item and the affect on the tax rate, and the present bonded indebtedness.

 

Councilman Larisa speaks about charges that the town of Seekonk receives from its towers, and suggests East Providence should collect money in exchange for a Council granted monopoly on tows in the City.  He says there are a number of potential ways to do this, but questions such as how many towers do we need, should we go out to competitive bid, and how much do we charge the towers for each tow need to be answered.  He asks for a report from the City Manager or Chief of Police with various options of what the City can do regarding towers, and asks that the report be prepared for the next Council meeting or the following one.

 

Mr. Midgley speaks on a possible source of revenue for the City - that of impact fees for new construction.  He suggests that developers could be charged a fee if they get a variance for an undersized lot, etc.  After further discussion, it is decided that the matter will be referred to the Planning Department.

 

INTRODUCTION OF ORDINANCES

 

AN ORDINANCE ORDERING THE ASSESSMENT AND COLLECTION OF PROPERTY TAX ON THE RATABLE REAL ESTATE, TANGIBLE PERSONAL PROPERTY AND AN EXCISE TAX ON REGISTERED MOTOR VEHICLES AND TRAILERS.    

 

 

On motion of Mr. Lynch, seconded by Mr. Larisa, and on a unanimous roll call vote,  it is VOTED to approve the ordinance for First Passage.

 

 

AN ORDINANCE AUTHORIZING THE DIRECTOR OF FINANCE TO BORROW FUNDS IN ANTICIPATION OF TAXES.   

 

 

On motion of Mr. Larisa, seconded by Mr. Lynch, and on a unanimous roll call vote, it is VOTED to approve the ordinance for First Passage.

 

 

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 11-111 entitled "Adoption.", Exhibits A,B,C,D,E,G,F1 and F2 are hereby adopted as the official pay plans for the United Steel Workers of America Local 15509A; United Steel Workers of America Local 15509/ International Association of Firefighters, Local 850 (AFL-CIO); International Brotherhood of police Officers Local Number 569; Professional, Managerial, and Technical Employees Association; and East Providence Department Heads and Exhibits F1 and F2 are hereby adopted as official pay plans for non-classified full-time and/or part time employees (i.e. seasonal and temporary) and unclassified employees respectively/and said exhibits shall be placed on field in the City Clerk's Office.

 

 

On motion of Mr. Lynch, seconded by Mr. Larisa, and on a unanimous roll call vote, it is VOTED to approve the ordinance for First Passage.

 

 

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. I. Article IX entitled "Stop Intersections", Subsec 18-269 entitled "Stop and yield intersections designated; when stops required.", adding: WINDHURST AVENUE (southbound traffic), at GRASSMERE AVENUE.  (By the Director of Public Works)

 

 

On motion of Mr. Miranda, seconded by Mr. Midgley, and on a unanimous roll call vote, it is VOTED to approve the ordinance for First Passage.

 

APPOINTMENTS

 

On motion of Mr. Larisa, seconded by Mr. Lynch, it is unanimously VOTED to approve Mayor Grant's reappointment of Jo Ann Harry, 198 Vincent Avenue, to the Juvenile Hearing Board.

 

Richard Smith, 26 Brookfield Road is appointed to the East Providence Housing Authority by Mayor Grant.

 

COMMUNICATIONS

 

Delta Dental of Rhode Island - Joseph R. Perroni - Requesting to discuss the status of the pending health care audit'

 

There is no one present from Delta Dental.

 

There being no further business, the meeting adjourns at 10:02 p.m.

 

 

 

Attest:

 

 

_________________________________

Valerie A. Perry, CMC

City Clerk

 

Approved:_____________________

 

 

 

October 21, 1997 - Journal of the Regular Council Meeting
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