CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
TUESDAY,
The City Council meets in the Council Chamber on Tuesday, September 16, 1997, and is called to order at 8:05 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
(Pat Johnson, 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 Joseph S. Larisa, Jr.
APPROVAL OF COUNCIL JOURNALS
Regular Meeting - September 2, 1997
Executive Session - Collective Bargaining - September 2, 1997
Special Meeting - Budget Handout to City Council – September 5, 1997
Coastal Resources Management Council - FINDING OF NO SIGNIFICANT IMPACT
File No,. 98-7-51 - Requesting to install a fence 4' high on their side of property as shown on plat map submitted, located at; 25 Sea View Avenue (Norman F. Reed)
Cancellation/Abatements - City Assessor requesting cancellation of taxes as follows:
Year Amount
1997 $27,089.47
1996 69.36
1995 79.39
Alcoholic Beverage - Class F - October 18, 1997 - St. Martha's Church 2595 Pawtucket Avenue - Italian Heritage Night - Subject to approval from Chief of Police
Alcoholic Beverage - Class F - October 4, 1997 - East Providence Recreation Department - Oktoberfest, 145 Taunton Avenue - Subject to approval from the Police Chief Motion is made by Mr. Midgley, seconded by Mr. Larisa, and unanimously Passed on a roll call vote to remove the minutes of the September 2, 1997 Executive Session regarding Collective Bargaining and to Approve The Consent Calendar as Amended.
Motion is made by Mr. Larisa, seconded by Mr. Lynch, and unanimously Passed on a roll call vote to Approve The Minutes of The September 2, 1997 Executive Session And to Keep Them Closed.
Secondhand/Automobile - Carl E., Arthur A. & Joseph S. Quattrucci dba Warren Avenue Auto Sales, 531 Warren Avenue -
Subject to approval from Building Inspector
Carl Quattrucci, 31 Goldsmith Avenue, East Providence, Rhode Island is present and sworn. Mr. Quattrucci answers questions from the Council and says the building is near completion.
In response to a memo from the Zoning Officer, advising the Council that the building needs additional work before approval can be given, Mr. Quattrucci says he has been given a building permit and just needs a Certificate of Occupancy.
The license is called for public hearing. There are no persons wishing to be heard.
After further discussion, motion is made by Mr. Larisa, seconded by Mr. Miranda, and unanimously Passed on a roll call vote to Approve the License Subject to Building Inspector's Approval.
ALCOHOLIC BEVERAGE LICENSE - Class B-Limited (Victualing) -
Dino's Restaurant, Inc. dba - Dino's Restaurant, 1235 Wampanoag Trail
Attorney Joseph E. Cardi, Jr., representing the applicant is present.
Dino Bachini, 428 Newport Avenue, Pawtucket, Rhode Island is present and sworn.
The license is called for public hearing. There are no persons wishing to be heard. Motion is made by Mr. Midgley, seconded by Mr. Lynch, and unanimously Passed on a roll call vote to approve the license subject to the approvals of the Chief of Police, Building Inspector and Health Inspector.
Victualing - Dino's Restaurant, Inc. dba Dino's Restaurant, 1235 Wampanoag Trail
Motion is made by Mr. Midgley, seconded by Mr. Larisa, and unanimously Passed to approve, subject to approvals of the Chief of Police, Building Inspector and Health Inspector.
ALCOHOLIC BEVERAGE LICENSE - Class B-Full Privilege (Victualing) -
Transfer From Herman T. Gaipo dba - One River Street Pub
To Mindelo Restaurant, Inc., dba - One River Street
Carlita Brito, One River Street, Riverside, Rhode Island is present and sworn.
The license is called for public hearing. There are no persons wishing to be heard.
Motion is made by Mr. Midgley, seconded by Mr. Larisa, and unanimously Passed on a roll call vote to approve the transfer, subject to the approvals from Building Inspector and Health Inspector.
Victualing - Transfer From Herman T. Gaipo dba One River Street Pub
To Mindelo Restaurant, Inc., dba One River Street
Motion is made by Mr. Midgley, seconded by Mr. Larisa, and unanimously Passed to approve the transfer, subject to the approvals of the Building Inspector and Health Inspector.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
Presentation of the Budget for Fiscal Year 1997-98
The School Department Budget is presented by Dr. Taras Herbowy, Superintendent of Schools, and members of the School Committee. Dr. Herbowy speaks on cuts that have been made in the School Department during the past year.
After Dr. Herbowy's presentation, the School Committee members comment and express their concerns for further cuts to the School Department budget.
There is no one from the public wishing to speak on the School Department budget.
At the conclusion of the School Department presentation, the meeting recesses at 9:00 p.m. and reconvenes at 9:10 p.m.
The Council members comment on the proposed budget. Mr. Lemont comments that the City of East Providence has the lowest tax rate in the State, and provides many services for its taxpayers. He says revaluation did not increase revenues for the City.
The meeting is open to public comment.
The following persons are sworn in by the City Solicitor and speak against any tax increases in the City:
Ron Moran, 31 Bluff Street, East Providence, Rhode Island
Kathy Santos, 4 Thurston Street, Riverside, Rhode Island
Robert D. Sullivan, 1 Seaview Avenue, Riverside, Rhode Island
Jeffrey West, 25 Wilson Avenue, Rumford, Rhode Island
The Council make further comments. Mr. Miranda and Mr. Midgley both say they will not vote for any tax increase.
Mr. Larisa asks for a report from the City Manager and Superintendent of Schools as to what the ramifications will be without the tax increase.
Mr. Lynch asks that the City Manager and Superintendent get together and come up with a fairer budget to taxpayers.
Mayor Grant says he will not vote for any tax increase.
Mr. Lemont says he will have to cut whole departments and says this is not the time to say there will be no tax increase, if we want to continue offering the same services.
After further discussion, a motion is made by Mr. Lynch and seconded by Mr. Miranda to ask the City Manager to confer with the Superintendent of Schools and come back to the Council with suggested proposed budget changes. Roll call vote is taken on the motion:
Mr. Larisa Aye
Mr. Lynch Aye
Mr. Midgley Nay
Mr. Miranda Nay
Mayor Grant Nay
The motion is defeated on a 3-2 vote.
Motion is made by Mr. Larisa and seconded by Mr. Miranda, to instruct the City Manager to go back and work with the Superintendent to show the Council what the ramifications will be and what it will mean to have a tax increase of less
than the 86 cents, but somewhere in between that number and zero.
Mr. Larisa Aye
Mr. Lynch Aye
Mr. Midgley Nay
Mr. Miranda Aye, but no tax increase
Mayor Grant Nay
The motion carries on a 3-2 vote.
The meeting recesses at 10:50 p.m. and reconvenes at 11:00 p.m.
AN ORDINANCE APPROPRIATING $85,618,355 FOR THE SUPPORT OF THE CITY GOVERNMENT FOR THE FISCAL YEAR ENDING OCTOBER 31, 1998.
Discussion is held regarding when to hold the next budget hearing, and it is decided to continue the Budget Hearing until the next Council meeting, scheduled for October 7, 1998.
Motion is made by Mr. Larisa and seconded by Mr. Lynch and unanimously Passed on a roll call vote to Defer to the next Council meeting.
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. Subsec (e) of Sec 11-236 entitled "Requirements for service retirement."
CHAPTER NO. 452
Motion is made by Mr. Lynch, seconded by Mr. Larisa, and unanimously Passed on a roll call vote to approve for Final Passage.
Reconsideration of Council Approval for the sale of City property located at Map 313, Block 9, Parcel 5, White Avenue
Mr. Lemont speaks on the subject property, which the Council approved for sale at the last Council meeting. He says that because of some safety concerns regarding fire equipment being able to get through the area, he asks that the Council rescind the vote and he will renegotiate the purchase with Mr. Rutko.
Motion is made by Mr. Larisa, seconded by Mr. Lynch, and unanimously Passed on a roll call vote to rescind the vote of approval.
Motion is made by Mr. Larisa, seconded by Mr. Lynch, and unanimously Passed on a roll call vote to give Mr. Lemont the authority to renegotiate the sale of the property with Mr. Rutko.
Motion is made by Mr. Lynch, seconded by Mr. Midgley, and unanimously Passed on a roll call vote to give the City Clerk permission to advertise for renewal of Alcoholic Beverage Licenses, which expire at midnight on November 30, 1997, and to place said licenses on the docket for a public hearing at the October 21, 1997 Council meeting.
Motion is made by Mr. Lynch, seconded by Mr. Miranda, and unanimously Passed on a roll call vote to give permission to the City Clerk to send renewal notices for annual licenses.
James McDonald, Finance Director, recommends reappointing the existing firm of Cayer, Prescott as auditors for the current year. He says they can only serve two more years because of a Charter requirement.
Motion is made by Mr. Lynch, seconded by Mr. Miranda, and unanimously passed to approve Mr. McDonald's recommendation.
Mr. McDonald recommends that Blue Cross and Delta Dental be the vendors bidding for the dental services. Motion is made by Mr. Lynch, seconded by Mr. Miranda, and unanimously passed to approve Mr. McDonald's recommendation.
Mr. McDonald speaks on some City owned property on Wilmarth Avenue and on Standish Avenue that City staff has recommended for sale. After discussion, motion is made by Mr. Larisa, seconded by Mr. Miranda, and unanimously passed to approve Mr. McDonald's recommendation.
Jeanne Boyle, Planning Director, addresses the Council regarding a drainage easement requested by the Town of Seekonk for property on Brook Street and Newman Avenue.
She says the Planning Board is recommending approval. Mr. Lynch states that he hopes the Planning Board has no plans to sell that property because he would never approve that.
Motion is made by Mr. Miranda, seconded by Mr. Larisa, and unanimously passed to approve the Drainage Easement.
Mr. Lemont speaks on a proposal by AT&T for communication equipment at the Kent Heights Water Tower, which the City will be paid $24,000 per year, in addition to certain other items. Mr. Lemont says he should have a contract for the next meeting.
Motion is made by Mr. Larisa, seconded by Mr. Lynch, and unanimously passed to receive as information.
Mr. Lemont advises the Council that the Planning Board has approved the site at Pierce Field for Omni Point Corporation Communications, and he will come back to the Council with a proposal.
Motion is made by Mr. Midgley, seconded by Mr. Miranda, and unanimously passed to receive as information.
Mr. Lemont says that for a number of years the owner of the East Providence Yacht Club has maintained docks that enter the riparian waters of what is now the John L. Lewis Park, and at the same time, the Yacht Club has allowed the City to maintain the Fire Rescue Boat at the site. A complaint was made by a property owner that abuts the John L. Lewis Park, questioning why the Yacht Club has allowed to retain finger piers in our riparian water. Mr. Lemont says he recommended to the Planning Board that they go along with the request that the City allow the finger piers to remain where they are, provided there be no expansion and provided that the continued use of our Fire Boat be allowed at no cost, and that there be a provision that if the City ever needs the waterfront, that it could give Mr. Perry six months notice to remove the finger piers. Mr. Lemont says the Planning Board agreed and he asks the City Council to give him and the Law Department the authority to negotiate an agreement with Mr. Perry.
Motion is made by Mr. Midgley, seconded by Mr. Miranda, and unanimously passed to approve Mr. Lemont's request.
Capital Budget - By Councilman Joseph S. Larisa, Jr.
At the request of Mr. Larisa, motion is made by Mr. Lynch, seconded by Mr. Miranda, and unanimously Passed to defer the issue to the next Council meeting.
Status of Fire and Police Equipment - By Councilman Peter F. Midgley
Mr. Midgley inquires about the condition of the Fire trucks that responded to a fire in Riverside. He says several people voiced their concerns to him because the fire trucks did not work properly. Chief Bessette states that he would not put firefighters on any piece of equipment that deems to be unsafe, and says it was an unfortunate mechanical failure at the time of the fire. Mr. Midgley says he wants it known for the record that the City's equipment is safe.
Police Chief Gary Dias answers questions about the communication equipment and says there are "dead spots" where there is no communication with police officers. He says the problem is being addressed. Mr. Midgley asks Mr. Lemont if any of the new communication towers will help the situation and Mr. Lemont says they will not.
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.
Motion is made by Mr. Larisa and seconded by Mr. Lynch to defer the Ordinance to the next Council Meeting. The motion passes unanimously on a roll call vote.
AN ORDINANCE AUTHORIZING THE DIRECTOR OF FINANCE TO BORROW FUNDS IN ANTICIPATION OF TAXES.
Motion is made by Mr. Larisa, seconded by Mr. Lynch, and unanimously passed on a roll call vote to defer to the next Council meeting.
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. Divison I. of Article III. Entitled "Personnel Plan."," Division I. Unclassified Employees, Officers or Members of Boards or Commissions Appointed by City Council. Sec 11-46, Discipline and Discharge of Employees, Officers or Members of Boards or Commissions appointed by City Council, (A) (B) (c) (D) (E). (Mayor Grant and Councilman Midgley)
Mr. Larisa adds two friendly amendments to the ordinance. The first amendment would change the words "sound discretion of the City Council" to "sole discretion of the City Council", which Mr. Conley says there is a typo and the word should be "sole". Mr. Larisa also says he would like to set up a majority vote with four of the five Council members instead of three.
Motion is made by Mr. Larisa, seconded by Mr. Lynch, and unanimously passed on a roll call vote to approve for First Passage with those amendments as stated by Mr. Larisa.
AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1987, AS AMENDED, ENTITLED "MOTOR VEHICLES AND TRAFFIC.", which amends Section I. Article VIII entitled "One Way Streets.", Subsection 18-247 entitled "Designation of one-way streets." addition:
WANNAMOISETT ROAD (eastbound) from PAWTUCKET AVENUE to DOVER AVENUE during the hours of 8:30 A.M. to 9:30 A.M. and 2:30 P.M. to 3:30 P.M. during school days.
HOWLAND AVENUE (westbound) from DOVER AVENUE to PAWTUCKET AVENUE during the hours of 8:30 A.M. to 9:30 A.M. And 2:30 P.M. to 3:30 P.M., school days.
PROGRESS STREET (southbound) from HEATH STREET to SILVER SPRING AVENUE during the hours of 8:30 A.M. to 9:30 A.M. and 2:30 P.M. to 3:30 P.M., school days.
SILVER SPRING AVENUE (westbound) from PROGRESS STREET to DODGE STREET during the hours of 8:30 A.M. and 9:30 A.M. and 2:30 P.M. to 3:30 P.M., school days.
DODGE STREET (northbound) from SILVER SPRING AVENUE to HILLTOP ROAD during the hours of 8:30 A.M. to 9:30 A.M. and 2:30 P.M. to 3:30 P.M., during school days.
CHAPTER NO. 450 (Requested by the Director of Public Works)
Motion is made by Mr. Lynch, seconded by Mr. Larisa, and unanimously passed on a roll call vote to give First Passage to the ordinance.
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: Section I. Section 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 Steelworkers 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.
Motion is made by Mr. Larisa, seconded by Mr. Lynch, and unanimously passed on a roll call vote to defer to the next Council meeting.
(By Councilman Norman J. Miranda)
Motion is made by Mr. Lynch, seconded by Mr. Miranda, and unanimously passed to reappoint Albert Bruno, 40 Pleasant Street, Dayville, Connecticut to the Building Board of Appeals.
(By Mayor Rolland R. Grant)
Motion is made by Mr. Lynch, seconded by Mr. Miranda, and unanimously Passed to reappoint Richard Robitaille, 38 Mountain Avenue, East Providence, Rhode Island to the Harbor Management Commission.
Motion is made by Mr. Lynch, seconded by Mr. Miranda, and unanimously Passed to reappoint Lee H. Hastings III, 157 Schuyler Street, East Providence, Rhode Island to the Harbor Management Commission.
(By Councilman Peter F. Midgley)
Motion is made by Mr. Lynch, seconded by Mr. Midgley, to reappoint Capt. E. Howard McVay, 273 Terrace Avenue, East Providence, Rhode Island to the Harbor Management Commission.
(By Councilman Peter F. Midgley)
Motion is made by Mr. Midgley, seconded by Mr. Miranda, to reappoint Paul Work, 245 Becker Avenue, East Providence, Rhode Island to the Harbor Management Commission.
A notice received from residents regarding their opposition to the destruction of the Kent Heights Water Tower is received as information on a motion by Mr. Larisa, seconded by Mr. Midgley, and unanimously Passed.
The meeting adjourns at 11:40 p.m.
Attest:
Valerie A. Perry, CMC
City Clerk Approved:_____________________