CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
TUESDAY,
The City Council meets in the Council Chamber on Tuesday, June 1, 1999, and is called to order at 7:36 P.M. by Mayor Joseph S. Larisa, Jr.
Present: Mayor Joseph S. Larisa, Jr. ) Council Members
Rolland R. Grant )
Peter F. Midgley )
Norman J. Miranda )
Patrick A. Rogers )
Paul E. Lemont ) City Manager
William J. Conley, Jr. ) City Solicitor
Valerie A. Perry ) City Clerk
The Invocation is led by Councilman Rogers.
The Salute to the Flag is led by Councilman Grant.
Lori Merolla, Merandi Reporting, is present to record the proceedings of the public hearings.
Approval of Council Journals
May 4, 1999 - Regular Meeting May 18, 1999 - Regular Meeting
Coastal Resources Management Council -Finding of No Significant Impact File # M99-4-84 Requesting to replace windows, repair roof, install fence and curbing, located at 330 Sea View Avenue, Map 415, Block 05, Parcel 002.00. (Sharon & Stuart W. Eddy)
Coastal Resources Management Council - Finding of No Significant Impact File # 99-520
Requesting to make misc. improvement to property: Deck, plantings, minor grading (See attached description). Plat 312, Lot 21, Block 65 (Carol A. Adams)
Town of New Shoreham - Resolution - in support of the City of East Providence in its recently adopted resolutions:(1) Requesting the reinstatement of necessary funding for the regulated collection of used Motor Oil Program ; and (2) Requesting the reinstatement of necessary funding for the Summer Youth Litter Corps Program.
Cancellations/abatements - City Assessor request cancellation of taxes as follows:
YEAR AMOUNT
1989 $ 1,510.25
1990 1,574.29
1991 1,661.06
1992 1,752.48
1993 1,787.09
1994 1,787.09
1995 1,787.09
1996 1,846.49
1997 3,092.46
1998 5,873.37
TOTAL 22,671.67
Town of Bristol - Resolutions (1) Support for reinstatement of funding for"Used Motor Oil Program." (2)Support for reinstatement of funding for "Summer Youth Litter Corps."
Alcoholic Beverage, CL F - June 18,19,& 20, 1999 St. Francis Xavier, 81 No Carpenter St
Approved: Chief of Police
Alcoholic Beverage, CL F - July 16,17 18, 1999 Holy Ghost Brotherhood of Charity
Approved: Chief of Police
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously voted to approve the Consent Calendar.
Senior Citizen's Week - June 7-11, 1999
Deborah Rochford accepts the proclamation from Mayor Larisa.
GATHERER, Clifford E. Barratt, 58 Bluff St.
The applicant is present and sworn.
On motion of Mr. Grant, seconded by Mr. Midgley, it is unanimously VOTED to approve, subject to approval from the Building Inspector.
PEDDLER/Frozen Desserts, Oliver Acquan, 3 Rosemere Drive
The applicant is present and sworn.
On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously VOTED to approve, subject to approval from the Health Inspector.
Mr. Rogers brings up the subject of peddlers having exclusive selling rights at feasts and other events in the City. Mr. Miranda states that St. Francis Church hires certain vendors to sell exclusively at their feasts on their property. It is determined that peddlers can sell exclusively on private property but cannot be denied the right to sell on public streets, as long as they are not within 250 feet of another business selling the same product.
PEDDLER/Hot Dogs, etc., Brian Jacobson, 182 Neck Hill Rd, Mendon, MA
The applicant is present and sworn.
Mr. Jacobson is told that the Police Chief has denied his license.
At Mayor Larisa's suggestion, motion is made by Mr. Midgley, seconded by Mr. Miranda, and unanimously VOTED to defer the matter until Mr. Jacobson talks with the Police Chief.
PEDDLER/Frozen Desserts, Raymond Thimas, 44 Cole Ave.
The applicant is not present. On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously VOTED to defer.
Later in the evening, the applicant is present. After being sworn in and answering questions from the Council, on motion of Mr. Miranda, seconded by Mr. Grant, the license is unanimously approved.
CARNIVAL, June 18,19 & 20, 1999 St. Francis Xavier, 81 No Carpenter Street
On motion of Mr. Midgley, seconded by Mr. Grant, it is unanimously VOTED to approve, subject to approvals from the Building Inspector, Fire Marshall, Electrical Inspector.
CARNIVAL, July 16,17 & 18, 1999 Holy Ghost Brotherhood of Charity, 59 Brightridge Ave
Serfamim Andrade, 92 Grassmere Avenue, East Providence, Rhode Island is present and sworn.
On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously VOTED to approve, subject to approvals from Building Inspector, Fire Marshall, Electrical Inspector
SUNDAY/HOLIDAY SALES, East Bay Convenience, Inc., dba: East Bay Food Mart,
244 Taunton Avenue
Mohammed Sidicki, 100 Park Place, Pawtucket, Rhode Island is present and sworn.
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously VOTED to approve, subject to approvals from the Chief of Police and Building Inspector.
VICTUALING/NOT OVER 25, Transfer - From: Mohamad Jamaleddin To: Mohammad Yasin, dba: Pick 'N' Pay Food Mart/Smoke Shop, 1246 Pawtucket Ave.
Mohammad Yasin, 8 Bancroft Street, Providence, Rhode Island is present and sworn.
On motion of Mr. Midgley, seconded by Mr. Grant, it is unanimously VOTED to approve, subject to approvals from the Building Inspector and Health Inspector.
SUNDAY/HOLIDAY, Transfer - From: Mohammad Jamaleddin To:Mohammad Yasin, dba Pick "N" Pay Food Mart/Smoke Shop, 1246 Pawtucket Avenue
On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously VOTED to approve, subject to approvals from the Building Inspector and Health Inspector.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
(Given first passage May 18, 1999) Advertised - Providence Journal - May 24, 1999
AN ORDINANCE APPROPRIATING $1,400,000 TO FINANCE THE CONSTRUCTION OF SANITARY SEWERS, THE CONSTRUCTION OF STORM DRAINAGE AND ELECTRICAL IMPROVEMENTS AND IMPROVEMENTS TO VARIOUS BUILDINGS IN THE CITY AND THE ACQUISITION AND INSTALLATION OF A GEOGRAPHIC INFORMATION SYSTEM AND AUTHORIZING $1,400,000 BONDS TO FINANCE SAME. CHAPTER NO. 65
On motion of Mr. Midgley, seconded by Mr. Grant, and on a roll call vote, the Ordinance and accompanying Resolution are unanimously approved.
On motion of Mr. Midgley, seconded by Mr. Grant, and on a roll call vote, it is unanimously VOTED to vote on each of the following ordinances with their accompanying resolutions.
AN ORDINANCE APPROPRIATING $600,000 TO FINANCE THE PLANNING, CONSTRUCTION AND RECONSTRUCTION OF STREETS AND/OR SIDEWALKS WITHIN THE CITY AND AUTHORIZING $600,000 BONDS TO FINANCE SAME. CHAPTER NO.66
On motion of Mr. Rogers, seconded by Mr. Grant, and on a roll call vote, it is unanimously VOTED to approve the Ordinance and accompanying Resolution.
AN ORDINANCE APPROPRIATING $1,000,000 TO FINANCE THE CONSTRUCTION AND EQUIPPING OF A FIRE STATION, THE CONSTRUCTION AND EQUIPPING OF AN ADDITION TO THE POLICE STATION AND A GARAGE STORAGE BUILDING FOR THE POLICE DEPARTMENT AND THE ACQUISITION OF EQUIPMENT AND IMPROVEMENTS FOR THE POLICE AND FIRE DEPARTMENTS AND AUTHORIZING $1,000,000 BONDS TO FINANCE SAME.CHAPTER NO. 67
On motion of Mr. Grant, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to approve the Ordinance and accompanying Resolution.
AN ORDINANCE APPROPRIATING $400,000 TO FINANCE THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF A RECREATION CENTER, ATHLETIC FIELDS AND OTHER RECREATIONAL FACILITIES IN THE CITY AND THE DEVELOPMENT OF PLANS WITH RESPECT TO THE ACQUISITION AND DEVELOPMENT AND/OR RELOCATION OF RECREATION, LIBRARY AND OTHER SITES IN THE CITY AND AUTHORIZING $400,000 BONDS TO FINANCE SAME. CHAPTER NO.68
On motion of Mr. Grant, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to approve the Ordinance and accompanying Resolution.
AN ORDINANCE APPROPRIATING $5,097,000 TO FINANCE THE CONSTRUCTION OF AN ADDITION TO THE EAST PROVIDENCE HIGH SCHOOL AND THE CONSTRUCTION OF IMPROVEMENTS AND THE ACQUISITION OF EQUIPMENT FOR VARIOUS SCHOOLS IN THE CITY AND AUTHORIZING $5,097,000 BONDS TO FINANCE SAME. CHAPTER NO. 69
On motion of Mr. Grant, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to approve the Ordinance and accompanying Resolution.
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 Sec. I. Sec. 16-52 entitled "Stabilization Schedule", by adding subsection (a) (1) and (2), Sec. II. Sec. 16-53 Sec. (a) add: "....for projects with greater than $50,000 in taxable improvements but less than $1,000,000 in taxable improvements...."; Sec. III. Sec. 16-54 Extended stabilization; Sec. 16-55 Extended stabilization schedule; Sec. 16-56 Application procedure for extendedstabilization (a) (1-10), (b),(c),(d) (Requested by Mayor Larisa)
This ordinance creates an extended tax stabilization review process for commercial development projects in excess of $1,000,000 in taxable improvements (Requested by Mayor Larisa) CHAPTER NO. 70
On motion of Mr. Rogers, seconded by Mr. Grant, and on a roll call vote, it is unanimously 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, 1998, AS AMENDED, ENTITLED "VEHICLES AND TRAFFIC", which amends SEC. I. Sec. 18-269 entitled "Stop and yield intersections designated; when stops required." by adding thereto the following: ANSON DRIVE (eastbound and westbound traffic), at Viola Avenue.
(Requested by the Director of Public Works) CHAPTER NO. 71
On motion of Mr. Grant, 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 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, A S AMENDED, ENTITLED "VEHICLES AND TRAFFIC", which amends SEC. I. Sec. 18-269 entitled "Stop and yield intersections designated; when stops required." is amended by adding thereto the following:
HEDLEY CIRCLE (northbound traffic) at its easterly intersection with Plymouth Rd.
HEDLEY CIRCLE (northbound traffic) at its westerly intersection with Plymouth Rd. (Requested by Director of Public Works) CHAPTER NO. 72
On motion of Mr. Grant, 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 11 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "PERSONNEL", which amends SEC. I. the first paragraph of subsection (g) entitled "Rating examinations." of Sec. 11-64 entitled "Examination procedure" is amended to read as follows:
(g) Rating examinations. The final score of a candidate shall be based upon all tests and evaluations in the examination. Failure in one part or test of the examination may be grounds for declaring candidates as failing in the entire examination or as disqualified for subsequent parts of an examination. In addition, in rating examinations for entrance into the classified service, except for Police and Fire candidates, the director shall increase the score of a candidate, one percent for each consecutive year that such current resident-candidate has been a resident of the city up to a maximum of ten percent. In ratingexaminations for Police and Fire candidates for entrance into the classified service, the director shall increase the score of a current resident-candidate one percent for each consecutive year that such candidate has been a resident of the city up to a maximum of five percent. Seventy percent shall be the lowest score on an examination to be acceptable as qualifying and the maximum score shall be 100 percent.
This amendment reduces the number of residency points from 10 to 5 points for police and fire applicants in the testing process. (Requested by City Mgr.) CHAPTER NO. 73
Motion to approve for Final Passage is made by Mr. Midgley, seconded by Mr. Rogers.
Councilman Grant speaks against the ordinance.
Mr. Rogers speaks in favor of the ordinance, saying the City should hire the most qualified individuals to protect the citizens, and five points is appropriate. He also says the City may want to revisit the issue in the future and lower the points even more.
Mr. Miranda says he will support the five points, but does agree that a lot of personnel is hired from outside the City. He says if individuals live in the City and pay taxes, they should be given a chance for employment.
Mayor Larisa says the City has many fine police and fire candidates from the City who did not receive residency points. He says East Providence can compete with anybody, and they don't need the ten points.
After further discussion, a roll call vote is taken on the motion:
Mr. Grant Nay
Mr. Midgley Aye
Mr. Miranda Aye
Mr. Rogers Aye
Mayor Larisa Aye
The ordinance passes 4-1.
AN ORDINANCENCE IN AMENDMENT OF CHAPTER 12 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "POLICE.", which amends SEC. I. Subsection (6) of Section 12-18 entitled "Qualifications for Appointment" to read as follows:
(6) The applicant must have an education at least equal to the completion of an Associate Degree (60 credit hours) with a concentration in Law Enforcement or Criminal Justice from an accredited college or university, or a Bachelors Degree. Two (2) years of honorable active military service or four (4) years of reserve or national guard duty may be substituted for the educational requirements. Likewise, certification from the Rhode Island Municipal Police Academy as Municipal Police Officer, or three (3) years of satisfactory employment as a correctional officer may be substituted for the educational requirement.
SECTION II. Sec. 12-18 entitled "Qualifications for Appointment." is amended by adding thereto the following:
(8) The applicant must be drug free as determined by testing performed by a duly licensed laboratory in accordance with state law.
(9) The applicant must have a valid drivers license. (Requested by the City Manager) CHAPTER NO. 74
This ordinance increases the minimum qualifications for police officers.
Mr. Grant speaks on the ordinance. He says he does not agree with national guard duty as a substitute for the educational requirements.
After further discussion, on a roll call vote, the motion passes unanimously.
The meeting recesses at 8:50 p.m. and reconvenes at 9:00 p.m.
Requesting City Council approval for purchase of five (5) Public Works vehicles
On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously VOTED to award the contract to the low bidder, Colony Ford Truck Center, Inc. at a total cost of $131,990..
Requesting City Council approval for purchase of four (4) Public Works trucks.
On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously VOTED to award the contract to the low bidder, Colony Ford Truck Center, inc. at a total cost of $158,213.
Request for City Council approval to award contract for a Master Lease Financing Agreement.
On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously VOTED to approve.
Addendum
Requesting City Council approval to re-roof Central Garage
Mr. Miranda recuses himself from the matter because his tenant is one of the bidders.
On motion of Mr. Midgley, seconded by Mr. Rogers, it is unanimously VOTED to award the contract to the low bidder, Purington Building Systems, Inc. at a total cost of $127,862.
Requesting City Council approval to pre-qualify firms for Kent Heights Playground improvements and road improvements.
On motion of Mr. Miranda, seconded by Mr. Rogers, it is unanimously VOTED to award the contract to the low bidder - Cardi Corporation.
Mr. Lemont receives unanimous consent to report that the Carousel is down, due to a ring gear failure.
Joseph Vieira, Jr., Claim No. 99-36 Referred to Insurance Carrier
Elizabeth Ann Gomes, Claim No. 99-34 Denied
Raymond Mailhot, Claim No. 99-33 Deferred
Orchard View Manor, Claim No. 99-36 Approved
Paul Bilodeau, Claim No. 99-30 Denied
On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously VOTED to accept the Claims Committee Report as presented.
(By Councilman Patrick Rogers)
Senior Transportation
Councilman Rogers discusses the need for more transportation to the Senior Center. He asks that Director Robert Rock work with the Director of Planning to do a comprehensive analysis as to the needs and to make plans for the future. Mr. Rogers will be the Council liaison to the study.
Addendum
Gun Buy Back
Mr. Rogers announces a Gun Buy Back program, to be held on June 19th at the Senior Center Complex. He reports that Auto Placement Center will offer $25 for each weapon turned in. He says the guns will be melted down
Unanimous Consent - Councilman Miranda
Mr. Miranda receives Unanimous Consent to announce that June 10 will be Day of Portugal at City hall at 10:00 a.m. and the public is invited.
1) A RESOLUTION DETERMINING CERTAIN MATTERS RELATING TO THE TIMEAND MANNER AT AND IN WHICH THE $1,400,000 NOTES FOR THE PURPOSE OFFINANCING THE CONSTRUCTION OF SANITARY SEWERS, THECONSTRUCTION OF STORM DRAINAGE AND ELECTRICAL IMPROVEMENTS AND IMPROVEMENTS TO VARIOUS BUILDINGS IN THE CITY AND THE ACQUISITION AND INSTALLATION OF A GEOGRAPHIC INFORMATION SYSTEM AND SHALL BE ISSUED AND SOLD AND AUTHORIZING THE DIRECTOR OF FINANCE AND THE MAYOR TO DETERMINE CERTAIN OTHER MATTERS RELATING THERETO RESOLVE NO. 18
(See Ordinances - Final Passage - #1)
2) A RESOLUTION DETERMINING CERTAIN MATTERS RELATING TO THE TIME AND MANNER AT AND IN WHICH THE $600,000 NOTES FOR THE PURPOSE OF FINANCING THE PLANNING, CONSTRUCTION AND RECONSTRUCTION OF STREETS AND SOLD AND AUTHORIZING THE DIRECTOR OF FINANCE AND THE MAYOR TO DETERMINE CERTAIN OTHER MATTERS RELATING
THERETO. RESOLVE NO. 19
(See Ordinances - Final Passage - #2)
3) A RESOLUTION DETERMINING CERTAIN MATTERS RELATING TO THE TIME AND MANNER AT AND IN WHICH THE $1,000,000 NOTES FOR THE PURPOSE OF FINANCING THE CONSTRUCTION AND EQUIPPING OF A FIRE STATION, THE CONSTRUCTION AND EQUIPPING OF AN ADDITION TO THE POLICE STATION AND A GARAGE STORAGE BUILDING FOR THE POLICE DEPARTMENT AND THE ACQUISITION OF EQUIPMENT AND IMPROVEMENTS FOR THE POLICE AND FIRE DEPARTMENTS SHALL BE ISSUED AND SOLD AND AUTHORIZING THE DIRECTOR OF FINANCE AND THE MAYOR TO DETERMINE CERTAIN OTHER MATTERS RELATING THERETO. RESOLVE NO. 20
(See Ordinances - Final Passage - #3)
4) A ORDINANCERESOLUTION DETERMINING CERTAIN MATTERS RELATING TO THE TIME AND MANNER AT AND IN WHICH THE $400,000 NOTES FOR THE PURPOSE OF FINANCING THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF A RECREATION CENTER, ATHLETIC FIELDS AND OTHER RECREATIONAL FACILITIES IN THE CITY AND THE DEVELOPMENT OF PLANS WITH RESPECT TO THE ACQUISITION AND DEVELOPMENT AND/OR RELOCATION OF RECREATION, LIBRARY AND OTHER SITES IN THE CITY SHALL BE ISSUED AND SOLD AND AUTHORIZING THE DIRECTOR OF FINANCE AND THE MAYOR TO DETERMINE CERTAIN OTHER MATTERS RELATING THERETO.
RESOLVE NO. 21
(See Ordinances - Final Passage - #4)
5) A RESOLUTION DETERMINING CERTAIN MATTERS RELATING TO THE TIME AND MANNER AT AND IN WHICH THE $5,097,000 BONDS FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF AN ADDITION TO THE EAST PROVIDENCE HIGH SCHOOL AND THE CONSTRUCTION OF IMPROVEMENTS AND THE ACQUISITION OF EQUIPMENT FOR VARIOUS SCHOOLS IN THE CITY SHALL BE ISSUED AND SOLD AND AUTHORIZING THE DIRECTOR OF FINANCE AND THE MAYOR TO DETERMINE CERTAIN OTHER MATTERS RELATING THERETO.RESOLVE NO. 22
(See Ordinances - Final Passage - #5)
(If given first passage, can be referred to the next regular Council meeting to be held on Tuesday, June 15, 1999, for a public hearing and consideration of final passage)
1. AN ORDINANCE IN AMENDMENT OF CHAPTER 14 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS." SECTION I. Article I entitled "In General", entitled "Streets and Sidewalks"; adding: Sec. 14-5. Sign Prohibition. (Requested by: City Manager)
This ordinance prohibits the placing of signs upon streets or sidewalks.
On motion of Mr. Grant, seconded by Mr. Rogers, it is unanimously VOTED to approve for First Passage.
2. AN ORDINANCE IN AMENDMENT OF CHAPTER 8 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, ENTITLED "LICENSES AND BUSINESS REGULATIONS.", SECTION I. Article V. entitled "Electric Poles and Wires.",; adding: Sec. 8-101. Sign Prohibition. SECTION II. Article XVII entitled "Telegraphic and Telephone Uses", ; adding: Sec. 8-481. Sign Prohibition. (Requested by: City Manager)
This ordinance prohibits the posting of signs upon telephone and electrical poles.
The Council discusses the ordinance and amends it to exclude yard sale signs.
On motion of Mr. Midgley, seconded by Mr. Miranda, the ordinance is approved as amended for First Passage.
(By Mayor Joseph S. Larisa, Jr.)
CONSERVATION COMMISSION
(R) Bruce Blaydes 66 Griffith Drive (02915)
Unanimously approved on a motion by Mr. Miranda, seconded by Mr. Grant.
(R) John Rose 5 Willann Circle (02915)
On a motion by Mr. Miranda, seconded by Mr. Midgley, Mr. Rose is reappointed to the Conservation Commission on a vote of 4-1. Mr. Grant votes "Nay."
(R) Eugene Carpenter 37 Nimitz Rd (02915)
Unanimously approved on motion of Mr. Miranda, seconded by Mr. Grant.
* Addendum
(By Councilman Rolland R. Grant)
ZONING BOARD OF REVIEW
(R) Clark Richardson 73 Cushman Avenue
Unanimously approved on motion of Mr. Miranda, seconded by Mr. Grant, for a term expiring June 2004.
The meeting adjourns at 9:52 p.m.
Attest:
Valerie A. Perry, CMC
City Clerk Approved by the City Council: June 15, 1999