CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
TUESDAY,
The City Council meets in the Council Chamber on Tuesday, October 20, 1998, 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
Invocation is given by Councilman Miranda. The Salute to the Flag is led by Councilman Midgley.
Lori Merolla, Merandi Reporting, is present to record the proceedings of the public hearings.
1. APPROVAL OF COUNCIL JOURNALS
Special Meeting - Approval of Alcoholic Beverage License - Cl-F for St Martha's Church,
2595 Pawtucket Ave.- October 1, 1998
Regular Meeting - October 6, 1998
Continuation of Regular Meeting (Oct 6, 1998) - October 13, 1998
Closed Session - October 13, 1998 - Negotiations
2. Coastal Resources Management Council - CEASE AND DESIST ORDER
CDFile No. 98-2055 - Clearing of vegetation and the dumping of earth fill within 200 feet of a coastal feature from your property located at Block 65, Parcel 21; 145 Narragansett Ave, without benefit of a CRMC assent or in violation of a Council order. (Carol Adams)
3. (Permission to advertise) - Alcoholic Beverage License - Class Change - From: B-Limited
To: B-Full Privilege - Vartan Athens Pizza, Inc., dba: 2830 Pawtucket Avenue
4. Alcoholic Bev. License - Class F - Oct. 24, 1998 - St Martha's Church, 2595 Pawtucket Ave.
On motion of Mr. Larisa, seconded by Mr. Midgley, and on a roll call vote, it is unanimously VOTED to remove the minutes of the October 13, 1998 Closed Session and approve the Consent Calendar as amended.
On motion of Mr. Larisa, seconded by Mr. Midgley, and on a roll call vote, it is unanimously VOTED to keep the minutes of the October 13, 1998 Closed Session regarding Negotiations closed.
ALCOHOLIC BEVERAGE LICENSE - CLASS - B-LIMITED - Victualler/Over 50
Applicant: New Buffet, Inc., 1925 Pawtucket Avenue, Store 7B
Martin Slepkow, Attorney for the applicant, addresses the Council regarding the license.
On motion of Mr. Larisa, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to approve the license, subject to approvals from the Chief of Police, Building Inspector, and Health Inspector.
Victualer/Over 50 - Applicant: New Buffet, Inc., 1925 Pawtucket Avenue, Store 7B
On motion of Mr. Lynch, seconded by Mr. Miranda, it is unanimously VOTED to approve the license, subject to approvals from the Chief of Police, Building Inspector, and Health Inspector.
ALCOHOLIC BEVERAGE LICENSE - Class B-LIMITED (Victualling)
Applicant: - East Providence House of Pizza Inc., 187 Willett Avenue
Martin Slepkow, Attorney for the applicant, addresses the Council regarding the license. He assures the Council that there will be no delivery, and this will be strictly a restaurant with Take Out service.
On motion of Mr. Midgley, seconded by Mr. Lynch, and on a roll call vote, it is unanimously VOTED to approve the license, subject to approvals from the Chief of Police, Building Inspector, and Health Inspector.
Victualer/Not over 50 - Transfer - From: Peter & Helen Lambrou dba: East Providence
House of Pizza To: East Providence House of Pizza, Inc., 187 Willett Avenue
On motion of Mr. Midgley, seconded by Mr. Lynch, it is unanimously VOTED to approve the license, subject to approvals from the Chief of Police, Building Inspector, and Health Inspector.
Victualing - Class 3 - Applicant: 1085 Waterman Avenue Associates dba: Honey Dew
Donuts, 1085 Waterman Avenue
On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously VOTED to approve the license, subject to approvals from the Chief of Police, Building Inspector, and Health Inspector.
Victualing - Class 3 - Transfer - From: 3-D Corp. dba: Honey Dew Donuts To: 1085
Waterman Avenue Associates dba: Honey Dew Donuts, 652 Bullocks Point Avenue
On motion of Mr. Larisa, seconded by Mr. Miranda, it is unanimously VOTED to approve the transfer, subject to approvals from the Chief of Police, Bldg. Inspector, and Health Inspector.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
REZONING - Parcel A - R2/Parcel B -O1/Parcel C - R2 To: Parcel A - O1/Parcel B - R2/Parcel C - O1
Petitioner: Kent Heights Real Estate Corp., Inc.
Lot: Map 408, Block 17, Parcel 9 and 20
Area: Parcel A - 286 Sq. Ft. - Parcel B - 20,396 Sq. Ft. - Parcel C - 29,881 Sq.Ft.
Location: Rachella Court
Attorney Martin Slepkow addresses the Council about the proposed ordinance amendment. He says it is a technical correction and the Planning Board is recommending approval.
On motion of Mr. Lynch, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to approve the zoning ordinance amendment.
(Given first passage October 13, 1998) - Advertised - Prov. Journal - October 15, 1998
1) 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 SECTION I. Sec 18-269. entitled "Stop and yield intersections designated; when stops required.", adding: WILLIAMS AVENUE (westbound traffic) at JAMES STREET. CHAPTER NO. 39 (By Director of Public Works)
There is no one present who wishes to comment on the ordinance.
On motion of Mr. Lynch, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to approve the ordinance for Final Passage.
AN ORDINANCE IN AMENDMENT OF CHAPTER 16 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "TAXATION.", which amends SECTION I. Chapter 16 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled "Taxation." ARTICLE III. EXEMPTION FOR RESIDENTIAL IMPROVEMENTS AND ALTERATIONS.
Sec 16-40. Authorization to grant; term of exemption.
Sec 16-41. Conditions and standards required of dwelling.
Sec 16-42. Restricted to owner-occupied residential dwelling.
Sec 16-43. Alterations and improvements which qualify for exemption, a,b,c,d,e,f,g,h,i,j,k,l,m,n,o.
Sec 16-44. Alterations and improvements which do not qualify for exemptions, a,b,c,d,e.
Sec 16-45. Application.
Sec 16-46. Termination upon conveyance of property, etc.; exception.
Sec 16-47. Appeals.
Sec 16-48. Property subject to general revaluation.
(By Mayor Rolland R. Grant)
CHAPTER NO. 34
Emile Sweet, 41 Martin Street, East Providence, Rhode Island is present and sworn. Mr. Sweet states his concerns over the ordinance and questions why he should be taxed when he does his own work on his house.
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.
Continued from October 13, 1998
BUDGET HEARING FOR 1998-1999 FISCAL YEAR
Mr. Larisa speaks on the proposed sewer use fee. He proposes an 875 cu. ft. Exemption per quarter, and a cost of $1.06 per cu. Ft. He says the average taxpayer will pay $64 per year. He also proposes a fixed charge of $2.50 per quarter, or $10.00 per year (commercial and businesses will pay more). The resulting tax increase for the average taxpayer will be $53 per year or 2% more than they pay now. He says any change from the $1.06 commodity rate or the fixed rate charge should require the vote of the majority of the Council. He makes a motion to approve his proposal. The motion is seconded by Mr. Midgley for discussion.
After a lengthy discussion on the proposal, Mr. Conley informs the Council that if any changes are made in the sewer use fee, an amended ordinance will have to be drafted with the new numbers. He asks that a brief recess be taken after the Council vote to allow Mr. McDonald to adjust the ordinance.
A roll call vote is taken on the motion:
Mr. Larisa Aye
Mr. Lynch Nay
Mr. Midgley Aye
Mr. Miranda Nay
Mayor Grant Aye
The motion passes 3-2.
The meeting recesses at 9:25 p.m. and reconvenes at 9:30 p.m.
AN ORDINANCE APPROPRIATING $91,066,529 FOR THE SUPPORT OF THE CITY GOVERNMENT FOR THE FISCAL YEAR ENDING OCTOBER 31, 1999.
Discussion is held on the Harbormaster budget. Mr. Larisa makes a motion to change the Harbormaster budget to be no more than the amount received from a $100 fee times the number of mooring holders, which would be around $13,300. Mr. Midgley says he disagrees with Mr. Larisa.
He seconds the motion for purposes of the vote, but says he will not support it. Roll call vote is taken on the motion:
Mr. Larisa Aye
Mr. Lynch Nay
Mr. Midgley Nay
Mr. Miranda Nay
Mayor Grant Aye
Motion is declared lost on a 3-2 vote.
Mr. Lemont suggests that he be allowed to revise the Harbormaster budget to be more acceptable to the Council.
Mr. Larisa makes a motion to adopt the budget as presented by the City Manager, with the exception of the change in the Wastewater program structure as presented. Mr. Midgley seconds the motion for discussion.
Mr. Midgley questions the budget for the Senior Center and Mr. Lemont explains that a major portion of the $103,000 budget is for salaries for the people that are there. He says the majority of the cost will be reimbursed by the State.
Mr. Larisa asks Mr. McDonald for a report showing how much of the $103,000 is offset by federal or state grants and how much revenue the Director thinks will bring in over the next year.
After further discussion, a roll call vote is taken on the motion:
Mr. Larisa Aye
Mr. Lynch Nay
Mr. Midgley Aye
Mr. Miranda Nay
Mayor Grant Aye
Motion passes 3-2.
The meeting recesses at 9:55 p.m. and reconvenes at 10:00 p.m.
Request to purchase Rescue vehicle
Mr. Lemont requests a temporary loan to the Fire Department to purchase a new rescue vehicle and he says he will figure out how to reimburse the Sale of Surplus Property Account.
Mr. Lynch commends the Fire Department staff for the job they do.
After further discussion, on motion of Mr. Larisa, seconded by Mr. Lynch, it is unanimously VOTED to approve.
City Manager's Report
Mr. Lemont reports that DEM has signed off on the cleanup of the Chevron property, and that it is now be eligible for redevelopment.
Award of Dental bid
Mayor Grant announces that people from Delta Dental are present and would like to address the Council. Mr. Larisa says he would propose hearing from the City professionals and then deciding whether to hear from either side.
Mr. Lemont recuses himself from the discussion because of his personal friendships with members of the Board of Delta Dental. He turns the discussion over to James McDonald.
Mr. McDonald speaks on the bid and gives the Council information.
On motion of Mr. Midgley, seconded by Mr. Larisa, and on a roll call vote, it is unanimously VOTED to award the bid to Blue Cross of Rhode Island.
LAW DEPARTMENT - By William J. Conley, Jr., City Solicitor
Drive-through facilities - Proposed Ordinance
On motion of Mr. Larisa, seconded by Mr. Lynch, it is unanimously VOTED to refer to the Planning Board.
Mr. Conley receives Unanimous Consent from the Council to discuss the Bond Issue Referendum. He reports that certain language regarding the reconstruction of streets and sidewalks was not included in the Public Works bond issue when it went to the Senate and therefore, the proceeds cannot be used for those items. He says out of that $6.175 million bond issue, $3.1 million cannot be used for the streets and sidewalk reconstruction. He goes on to say that the most immediate way to fix the problem would be to ask the Legislature in January for legislation for a $3.1 million bond referendum and have a special election.
Discussion takes place on various ways the public can be informed about this matter.
After discussion, Mr. Larisa makes the following motion:
If the $6.175 million Public Works Bond referendum is approved, this Council will not allow an issuance of bonds over $3.175 million from that bond issue, and the Council is committed to putting a separate bond issue, subject to Legislative approval, of $3 million for street and sidewalk reconstruction on the ballot this Spring.
Mr. Lynch seconds the motion. The Council members voice no objection to putting the motion forward.
After discussion, on a roll call vote, it is unanimously VOTED to adopt the Resolution
.
CLAIMS COMMITTEE
Claim No. 98-35 Robert Pereira - Referred to Law Department
Pending Litigation City vs. Streetguard - Referred to Law Department
On motion of Mr. Midgley, seconded by Mr. Lynch, and on a roll call vote, it is unanimously VOTED to accept the Claims Committee report as presented.
Mayor Grant introduces Dan Harrington, Secretary of the Mayor's Think Tank, who gives a One Year Report (complete report with Council File)
Christopher Morra, Chairman of the Think Tank, addresses the Council and speaks on a proposed tax stabilization ordinance, and asks that the Council support it.
Council Appointees Job Performance and Review (Deferred from October 13, 1998) Mr. Larisa defers this agenda item.
Referenda Questions (Deferred from October 13, 1998)
Mr. Larisa reviews the referenda questions for the upcoming election.
Police Contract Ratification
Mr. Larisa says he voted against the 4% increase and states his reasons for doing so.
Mr. Lynch receives unanimous consent to speak on branch libraries. He speaks on the Rumford Library and says there is no danger of it being closed.
Addendum - Animal Shelter - Mr. Larisa passes on this matter
(If given first passage, can be referred to the next Council Meeting to be held on November 10, 1998 for a public hearing and consideration of final passage)
1) 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. Midgley, and on a roll call vote, it is unanimously VOTED to approve for First Passage.
2) AN ORDINANCE AUTHORIZING THE DIRECTOR OF FINANCE TO BORROW FUNDS IN ANTICIPATION OF TAXES.
On motion of Mr. Larisa, seconded by Mr. Midgley, and on a roll call vote, it is unanimously VOTED to approve for First Passage.
3) AN ORDINANCE IN AMENDMENT OF CHAPTER 11 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "PERSONNEL.", which amends SEC I. In accordance with Sec 11-111 entitled "Adoption.", of Chapter 11 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled "Personnel.", the attached pay plans designated as Exhibits A,B,C,D,E,G,F1 and F2 are hereby adopted as the official pay plans for the United Steelworkers 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; 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 file in the City Clerk's Office.
On motion of Mr. Lynch, seconded by Mr. Midgley, and on a roll call vote, it is unanimously VOTED to approve for First Passage.
4) 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 SECTION I. Sec 18-269 entitled "Stop and yield intersections designated; when stops required." adding: VINELAND AVENUE (southbound traffic) at its intersection with METACOMET
AVENUE. (By Director Of Public Works)
On motion of Mr. Lynch, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to approve for First Passage.
5) 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 SECTION I. Article X entitled "Stopping, Standing and Parking.", Subsec 18-307 entitled "Parking prohibited at all times.", adding: BARNEY STREET (east side), from NEWMAN AVENUE north for 100 feet. (By Director of Public Works)
On motion of Mr. Lynch, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to approve for First Passage.
6) 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 SECTION I. Article X entitle "Stopping, Standing and Parking.", Subsec 18-307 entitled "Parking prohibited at all times.", adding: STANDISH STREET (east side), from CARDONA STREET northerly 90 feet. (By Director of Public Works)
On motion of Mr. Lynch, seconded by Mr. Midgley, and on a roll call vote, it is unanimously VOTED to approve for First Passage.
8) AN ORDINANCE IN AMENDMENT OF CHAPTER 2 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "ADMINISTRATION.", which amends SEC I. adding: Division 13. Youth Advisory Board Sec 2.206.1 Establishment of Youth Advisory Board. Sec 2.206.2 Officers and Quorum. Sec 2.206.3 Duties. 1,2,3,4,5,6. (By Councilman Miranda)
On motion of Mr. Miranda, seconded by Mr. Larisa, and on a roll call vote, it is unanimously VOTED to approve for First Passage.
On motion of Mr. Lynch, seconded by Mr. Midgley, it is unanimously VOTED to approve Mr. Miranda's reappointment of Anthony Perry, 119 Lyon Avenue, to the Harbor ManagementCommission.
On motion of Mr. Lynch, seconded by Mr. Larisa, it is unanimously VOTED to approve Mr. Miranda's appointment of Dr. Antone Oliviera, 38 Lake St. , Rehoboth, Massachusetts, to the Sister Cities Committee.
On motion of Mr. Lynch, seconded by Mr. Miranda, it is unanimously VOTED to approve Mr. Miranda's appointment of Lucille Alves, 195 Leonard Avenue, to Traffic Control.
(By Councilman Gerald R. Lynch)
Wrecker/Tower
Jimmy M. Martins, 177 Greenwood Ave.
Mr. Lynch defers this to the next meeting.
Emile Sweet, 41 Martin Street, addresses the Council and requests tax relief for the rest of the year.
Mr. Conley states that the Council does not have the authority to do this and tells Mr. Sweet he will have to appear before the Tax Board of Review.
There being no further business, the meeting adjourns at 11:40 p.m.
Attest:
Valerie A. Perry, CMC
City Clerk Approved:__________________