May 19, 1998 - Journal of the Regular Council Meeting 

 

CITY OF EAST PROVIDENCE

RHODE ISLAND

JOURNAL OF REGULAR COUNCIL MEETING

TUESDAY, MAY 19, 1998

 

The City Council meets in the Council Chamber on Tuesday, May 19, 1998, 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

           

Invocation is given by Mr. Miranda.   The Salute to the Flag is led by Mr. Lynch. 

Carole Malaga, Merandi Reporting, is present to record the proceedings of the public hearings.

           

CONSENT CALENDAR

1.         APPROVAL OF COUNCIL JOURNALS

            Regular meeting - May 5, 1998

            Closed Session - May 5, 1998 - Negotiations w/Department Heads

 

 

2.         Coastal Resources Management Council - File No. A98-4-31 – ASSENT

 

  Requesting to construct 40' x 40' pavement area over contaminated soil area, located at the Henderson Bridge, West of Massasoit Avenue.  (RIDOT)          

 

 

3.         File No. 98-4-48 - FINDING OF NO SIGNIFICANT IMPACT

 

Requesting to remove damaged concrete sections, replace with gravel fill, loam and seed the disturbed area, install a fence, located at the end of Terrace Ave. R.O.W.

 

 

4.         File no. 98-4-80 - FINDING OF NO SIGNIFICANT IMPACT

 

Requesting to reroof entire roof on dwelling, to include stripping, flashing and underlayout, located at 105 Terrace Avenue, Map 414, Lot 24-008.00.  (Howard W. McVay, Jr.)

 

 

5.         File No. 98-0075 - CEASE AND DESIST ORDER

 

Undertaken construction/reconstruction of a seawall coastal feature at property located: Plat 13, Lot 3; 45 Terrace Avenue.  (Eleanor and Altino Barbosa)

 

 

6.         File No. 98-5-7 - FINDING OF NO SIGNIFICANT IMPACT

 

Requesting to strip and re-roof entire dwelling located at 95 Bluff St., Plat 212 Lot 01 (Norman & Beatrice Desautel)

 

 

7.         Alcoholic Beverage - Class F - July 17, 18, 19, 1998

            Applicant - Holy Ghost Brotherhood of Mariense, 59 Brightridge Avenue

 

Subject to approvals from the Chief of Police, Building Inspector and Fire Marshall

 

 

8.         Alcoholic Beverage - Class F - June 19, 20, 21, 1998

            Applicant - St. Francis Xavier Church "Feast", 81 No. Carpenter Street

 

Subject to approvals from the Chief of Police, Building Inspector and Fire Marshall

 

 

9.         Alcoholic Beverage Class F - August 7, 8, 9, 1998

Applicant - St. Martha's Church "Heritage Feast", 2595 Pawtucket Avenue

 

Subject to approvals from the Chief of Police, Building Inspector, and Fire Marshall

 

 

10.       Town of Westerly - Resolution in Support of the Passage of House Bill 98-H8693 entitled "An

Act Relating to Handicapped Children."

           

On motion of Mr. Larisa, seconded by Mr. Miranda, and on a unanimous roll call vote, the Consent Calendar is amended by removing the Minutes of the May 5, 1998 Closed Session from the Consent Calendar, and approved as amended.

 

On motion of Mr. Larisa, seconded by Mr. Miranda, and on a unanimous roll call vote, it is VOTED to keep the minutes of the May 5, 1998 Closed Session regarding negotiations with Department Heads closed.

 

PROCLAMATIONS, PRESENTATIONS AND INTRODUCTIONS

 

Buckle Up America Week - May 18-25, 1998

 

Historic Properties Commission - Annual Preservation Awards 

 

David Kelleher, Chairman, presents awards to the following:

 

Philip and Kelley Dexter, 98 Greenwood Avenue         

Michael McQuade, Mobil Corporation, the City of East Providence, and Riverside Council Girl Scouts of America for the Girl Scout House at 351 Willett Avenue

Leslie O'Brien, 18 Fourth Street.

 

PUBLIC HEARINGS

 

Jeanne Boyle, Planning Director, reviews the recommended CDBG allocations.

 

Mr. Lynch recuses himself from discussion of the Boys and Girls Club.

 

Ms. Boyle and Nancy Remington, CDBG Coordinator, answer questions from the Council relating to the shelters for the area playgrounds and the shelter for the Boys and Girls Club Camp Crosby and questions relating to sidewalk reconstruction. 

 

The following persons are present and sworn and speak on behalf of the Boys and Girls Club allocation:

 

Susan Meyer, 75 Terrace Avenue, East Providence, Rhode Island

Louise Healey, 74 Vanderland Avenue, East Providence, Rhode Island

 

After further discussion, a motion is made by Mr. Miranda and seconded by Mr. Midgley to defer action for a month for more study.   Mr. Larisa says he is not in favor of a delay and is inclined to approve as submitted, but Mr. Miranda says that he questions why he was told there was no money for sidewalk reconstruction and now is being told there is more than $40,000 that was not used for that purpose.  The motion is amended to defer the matter for two weeks, to the next regular Council meeting.

 

The meeting recesses at 9:07 p.m. and reconvenes at 9:15 p.m.

 

The City Clerk states that a license was skipped over and goes back to that docketed item.

 

CITY COUNCIL SITTING AS LICENSING COMMISSIONERS

LICENSES NOT REQUIRING PUBLIC HEARING

 

Carnival - June 23 - 28, 1998 - Narragansett Park Plaza

 

Lawrence Records, dba Zoo Shows, 68 Corbin Rd. Dudley, Mass. is present and sworn. 

 

On motion of Mr. Lynch, seconded by Mr. Larisa, it is unanimously VOTED to approve, subject to approvals from the Police Chief, Building Inspector, Fire Marshall, and Health Inspector.

 

The order of business returns to Public Hearings.

 

Planning Department requesting authorization to submit grant application for the rehabilitation of the Vintner Avenue Playground.

           

Memo from Planning Board dated May 13, 1998 recommending approval

  

Jeanne Boyle addresses the Council about the project.  She states that other high priority recreation projects have

already been done, or are such a large magnitude that they will not be able to get 50% funding.

 

On motion of Mr. Larisa, seconded by Mr. Miranda, it is unanimously VOTED to approve.

 

ORDINANCES - FINAL PASSAGE

(Given first passage May 5, 1998)

Advertised - Providence Journal - May 8, 1998

 

1.         AN ORDINANCE IN AMENDMENT OF CHAPTER 4 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED, "BUSINESS AND BUSINESS REGULATIONS.", which amends SEC I. Sec 4-333 entitled "Noxious weeds and overgrown yards.", (a) (b, 1,2,3)  (Requested by: Law Department)

 

(Defines weeds and adds dead leaves to material that must be removed by owner or occupant within (3) days after receiving notice to do so from the Chief Inspector).  CHAPTER NO. 24

On motion of Mr. Miranda, seconded by Mr. Lynch, and on unanimous roll call vote, the ordinance is approved for Final Passage.

 

 

2.         AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "VEHICLES AND TRAFFIC.", which amends SEC I. Sec 18-269 entitled "Stop and yield intersections designated; when stops required", adding: HICKS STREET (southbound traffic), at LEONARD AVENUE.  (Requested by Director of Public Works)

(Adds a stop sign at Hicks Street and Leonard Avenue).   CHAPTER NO. 25

 

On motion of Mr. Miranda, seconded by Mr. Midgley, and on unanimous roll call vote, the ordinance is approved for Final Passage.

 

 

3.         AN ORDINANCE IN AMENDMENT OF CHAPTER 6 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED, "GARBAGE AND REFUSE.", which amends SEC I. Sec 6-31 entitled "Definition of rubbish.", SEC II. Sec 6-39 entitled "Recyclable materials established. "SEC III. Sec 6-41 entitled "Collection."  (Requested by: Director of Public Works)

(Defines which materials are recyclable)            CHAPTER NO. 26

 

On motion of Mr. Midgley, seconded by Mr. Larisa, and on unanimous roll call vote, the ordinance is approved for Final Passage.

 

The order of business is changed to allow the Actuarial Report to be presented at this time.

 

Mike Fallon, Wedgewood Road, Wellsley, Massachusetts is present and sworn.  Mr. Fallon gives his Actuarial Report on the City's Police and Fire Pension Plan and says this plan ranks in the top 10% of all pension plans in New England.

           

CONTINUED BUSINESS

 

Recommendation regarding Specials/Traffic Control Personnel

 

On motion of Mr. Lynch, seconded by Mr. Midgley, it is unanimously voted to defer the matter to the next meeting.  Mr. Miranda states he will not vote for deferral again.

 

NEW BUSINESS

CITY MANAGER

 

Dr. Taras Herbowy, Superintendent of Schools, gives a presentation on a request for a $5 million school bond issue.  He states that between 30 and 40% will be reimbursed by the State. The money will be used for improvements to the buildings, which will include a $3.5 million addition to the high school, to accommodate 9th grade students.

 

Discussion is held on the timing of the request, and the Council's general consensus is that this is the time to seek a bond issue because of the low interest rate and because of the stable economy.

 

It is also mentioned that the General Assembly is winding down and time is of the essence to get the proposal before the Legislators immediately.

 

Jeanne Boyle, Planning Director, reviews the recommendations for the City's potential bond issue.  James McDonald, Finance Director, answers questions relating to bonds and what the impact would be on the tax rate.  Mr. McDonald says that each $5 million would add 25 cents to the tax rate, and the current rate is $23.13. 

 

Mr. Larisa asks that the Finance Director prepare a scenario before the next meeting showing the fiscal impact of a $12 million bond issue (7 for the City and 5 for the Schools), $15 million (10 City and 5 School), and a $20 million (15 City and 5 School). 

 

John F. Conley, 115 Smith Street, East Providence, Rhode Island is present and sworn.  Mr. Conley states that he spoke with members of the General Assembly and time is of the essence to get the request in.

 

It is decided that a special meeting will be called, and Mr. Lemont will advise the Council of the date.

 

Julia Forgue, Public Works Director,  is asked to prepare a list for that meeting of the top 30 or 50 roads that need resurfacing. 

                               

Notification of Membership - Central Rhode Island Development Corp.

 

Mr. Lemont passes on this item.

 

Requesting Pre-qualification approval for the Purchase Street reconstruction and roadway resurfacing project.

 

On motion of Mr. Lynch, seconded by Mr. and on unanimous roll call vote, it is VOTED to approve.

 

Ratification of Department Heads' Agreement

 

On motion of Mr. Lynch, seconded by Mr. Miranda, and on unanimous roll call vote, it is VOTED to approve a Department Head Contract for 2% for October 1997, 2% April 1, 1998, 3% the subsequent year, and 3% the following year; and $100 for deferred compensation for the first year.

 

Notice of bid award - Underground Storage Tanks

 

On motion of Mr. Miranda, seconded by Mr. Midgley, and on unanimous roll call vote, it is VOTED to award the bid to DelleFemine Corporation.

 

CITY OFFICIALS

 

William J. Conley, Jr., City Solicitor - Agreement for Easement between City of East Providence and John D. Lima and Lynn A. Lima.

 

On motion of Mr. Miranda, seconded by Mr. Lynch, and on unanimous roll call vote, it is VOTED to approve.

 

REPORTS OF COMMITTEES

CLAIMS COMMITTEE

 

Mr. Conley reports that the Federal Energy Regulatory Commission denied the City's request for a rehearing.

 

On motion of Mr. Midgley, seconded by Mr. Larisa, it is unanimously VOTED to accept the report.

 

COUNCILMEN

 

(By Councilman Larisa)

Public Vote on School Committee Composition

 

On motion of Mr. Larisa, seconded by Mr. Lynch, and on unanimous roll call vote, it is VOTED to authorize the City Solicitor to draft a resolution to amend a previous resolution which will allow voters to vote whether the School Committee should be elected to two year terms, and if the School Committee will be elected by Wards, with one At-large.

 

RESOLUTIONS

1.         Resolution authorizing the submission of grant applications for the State of Rhode Island Overall Economic Development Program.

On motion of Mr. Lynch, seconded by Mr. Miranda, and on unanimous roll call vote, it is VOTED to approve.

           

 

2.         Resolution authorizing the submission of a grant application to the State of Rhode Island Open Space and Recreation Acquisition and Development Grants Program for the rehabilitation of the Vintner Avenue Playground.

On motion of Mr. Lynch, seconded by Mr. Miranda, and on unanimous roll call vote, it is VOTED to approve.

 

APPOINTMENTS      

On motion of Mr. Lynch, seconded by Mr. Miranda, it is unanimously VOTED to approve Mr. Midgley's appointment of Ronald Mathers, 44 Cove Street, East Providence, Rhode Island to the position of Harbormaster. 

 

There being no further business, the meeting adjourns at 11:40 p.m.

 

Attest:

 

 

 

Valerie A. Perry, CMC

City Clerk        Approved:        June 2, 1998

 

 

 

May 19, 1998 - Journal of the Regular Council Meeting
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