CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
TUESDAY,
The City Council meets in the Council Chamber on Tuesday, May 18, 1999, and is called to order at 7:30 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 Grant.
The Salute to the Flag is led by Councilman Midgley.
1. APPROVAL OF COUNCIL JOURNALS
May 4, 1999 - Regular Meeting
2. Coastal Resources Management Council - FINDING OF NO SIGNIFICANT IMPACT - File No. 99-4-68 - Strip and reshingle roof on existing building located at Map 513, Block 35, Parcel 5 - 65 Beach Point Drive (Jan W. & Kathleen J. Anthony)
3. Coastal Resources Management Council - FINDING OF NO SIGNIFICANT IMPACT - File No. 99-4-80 - Replace driveway and sidewalk located at Map 415, Block 1, Parcel 5 - 273 Terrace Ave. (E. Howard McVay Jr.)
4. Town of Coventry - Resolution seeking support to effectuate passage of legislation that would guarantee a minimum 5% annual increase in aid to school districts.
5. State Traffic Commission - Response to Resolution 9 re: traffic control measures on Bullocks Point Ave. In the vicinity of Stonegate Apartments.
6. Alcoholic Beverage - Cl B Limited - Permission to Advertise
Applicant: Eduarda Sousa, dba Brazil Tropical, 158 Roger Williams Avenue
7. City of Central Falls - Resolution - Child Safety Awareness Week
On motion of Mr. Miranda, seconded by Mr. Grant, and on a roll call vote, it is unanimously voted to remove items #1 and #5 and to approve the Consent Calendar as amended.
Mayor Larisa states that item #1 will be put back on next meeting's docket.
Mayor Larisa speaks on item #5, which denies the Council's request for the posting of a lower speed in front of Stonegate Apartments. Mr. Grant and Mr. Midgley both speak on the issue and say they cannot understand why the State is reluctant to honor the request. After further discussion, it is decided that the City Clerk will send a copy of the resolution and a copy of the letter denying the Council's request so that they understand the Council is trying to take action on the problem.
Mayor Larisa proclaims the week of May 17-21, 1999 as Child Safety Awareness Week.
1. Victualing - Cl 3 - Not over 25 persons
Applicant - Eduarda Sousa, dba Brazil Tropical - 158 Roger Williams Avenue
The applicant is present and sworn.
On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously VOTED to approve, subject to approvals from the Chief of Police, Building Inspector, and Health Inspector.
2. Victualing - Cl 1 - 51 and over
Applicant - Wendy's Old Fashioned Hamburgers of NY Inc., dba Wendy's, 25 Newport Ave.
Frank Molio, Kingsboro, Massachusetts, is present and sworn.
On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously VOTED to approve, subject to approvals from the Chief of Police, Building Inspector, and Health Inspector.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
1999-2000 Community Development Block Grant Program
There are no persons from the public wishing to be heard.
On motion of Mr. Miranda, seconded by Mr. Rogers, and on a roll call vote, it is unanimously voted to approve as recommended.
(Given first passage May 4, 1999 )
Advertised - Providence Journal - May 7, 1999
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. Subsec 18-307 entitled "Parking Prohibited at all times.", by adding thereto the following:
WARREN AVENUE (north side), from a point 111 feet east of South Prospect Street, easterly for a distance of 87 feet between 8:00 AM and 4:00 PM daily. (Requested by the Director of Public Works)
There are no persons from the public wishing to be heard.
On motion of Mr. Grant, seconded by Mr. Miranda, and on a roll call vote, it is unanimously VOTED to approve for Final Passage.
Operation of 3rd Rescue Vehicle (Continued from May 4, 1999)
Chief Bessette is on hand to answer questions from the Council. Discussion is held on the number of firefighters that will be necessary. Chief Bessette maintains his position that (8) firefighters will be necessary to man the 3rd Rescue Vehicle. He also states that the mutual aid calls have increased over the years. He says he sees no reason why mutual aid calls can't be billed, since the other communities use Lighthouse, the same billing company.
Mayor Larisa speaks about the cost of additional personnel and the fact that most of the money collected from billing will go to paying salaries for the additional personnel. He says he would prefer starting with four firefighters.
Mr. Rogers speaks on statistics provided by Chief Bessette, and says he supports the additional rescue as soon as possible.
Mr. Grant and Mr. Miranda both speak in favor of the additional rescue.
Mr. Midgley speaks about his concern for the extra cost associated with the hiring of additional personnel, but says he knows there is a need for an additional rescue.
After further discussion, Mayor Larisa says he will reluctantly go along with this, although her would prefer starting with four firefighers.
On motion of Mr. Grant, seconded by Mr. Rogers, and on a roll vote, it is unanimously VOTED to (1) approve a third rescue and (2) approve the hiring of 8 firefighters to operate that rescue, effective November 1, 1999.
Mr. Rogers asks the Chief for a commitment that all metropolitan hospitals will be used. The Chief responds that in most instances, people will be asked what hospital they want to go to. He also states that the 3rd rescue will be housed in Station 2 in Riverside.
The order of business is changed to go back to the item under Proclamations, Presentations, Introductions - Officer Paul Rodrigues Day.
Mayor Larisa and Councilman Miranda present a proclamation to Officer Paul Rodrigues for his actions while off duty, which resulted in the apprehension of a suspect at South Shore Plaza.
The meeting returns to the regular order of business.
Report on Riverside Square enhancement Project (Continued from May 4, 1999)
Jeanne Boyle, Planning Director, reports on the applications that were submitted for improvements to Riverside Square. She states that one is for Federal Funds, which is highly competitive. Also, the Council approved a CDBG allocation of $40,000 for landscaping improvements and a loan/grant program for facade improvements.
Mayor Larisa suggests sending a letter to request partial funding if the full funding is not approved. Ms. Boyle says she will check into it.
Mr. Midgley asks the Solicitor if there are any restrictions on the Surplus Property Account. Mr. Conley responds by saying that it was initially built up when the City cleared tax titles out and were able to sell lots. He says the account was funded by surplus property sales, that's where the title came from. Traditionally, it has been used by the Council for projects relating to that same concept, but there has never been an ordinance or resolution that has restricted the Council to that. It has been for the Council's discretionary spending.
Mayor Larisa says the City is committing to $22,000 of the $39,000 requested by the Riverside Business Owners
After further discussion, unanimous consent is given to allow a spokesperson from the Riverside Business Owners Association.
Lester Farnsworth, 131 Dorr Avenue, East Providence, Rhode Island is present and sworn and addresses the Council on the plans that the Riverside Business owners have for beautifying Riverside, which will include trees, benches, trash receptacles, lighting, etc.
Mr. Lemont says that he will be able to fund up to $10,000 through the Economic Development fund to hire a landscape consultant.
On motion of Mr. Midgley, seconded by Mr. Grant, and on a roll call vote, it is unanimously VOTED to approve up to $10,000 for a landscape architect, preferably in an amount costing much less than that, and to instruct the Planning Department to monitor the results of that and potentially include additional funds in next year's CDBG request, in addition to the $42,000 currently allocated to this project.
Jim Wilkinson of Cayer, Prescott, Clune & Chatellier, LLP, presents the 10-31-98 Audit Report. He reports that the City is once again financially sound and says the City of East Providence rates at the top of the municipalities audited by his firm.
Mike Fallon of Benefits Advisors of New England, Inc. presents the 10-31-98 Actuarial Report for the East Providence Police & Fire Retirement System. Mr. Fallon says the last five years were truly outstanding for the fund, which currently has assets of $134 million, with a surplus of close to $13 million. Mr. Lemont says that ten years ago, the City was putting in 48% of pay, and now puts in 5% of pay. Mr. Fallon says the fund is very well managed, and is not going to be a draw by the taxpayers. He also says he is not aware of any pension plan that his firm works for that is better funded.
Mr. Midgley congratulates the City Manager and all who are responsible for the glowing report.
Mayor Larisa presents the Save the Bay Award and the Maguire Group Award to Tom White, Superintendent of the Water Pollution Control Facility, for outstanding achievement at the Plant. Mr. White thanks all the employees for their efforts.
Requesting approval to award a contract for the purchase of (1) aerial bucket truck
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously VOTED to approve the bid award to the low bidder - Coastal International Trucks, LLC. It is stated for the record that the item has been budgeted.
Mr. Lemont asks for unanimous consent from the Council to put the Road Resurfacing and Kent Heights Playground Improvements bid award on the docket. He reports that Cardi Corporation was the low bidder. The Council decides to revisit the issue later in the meeting, after copies of the report have been made and disseminated to the Council.
The meeting recesses at 9:45 p.m. and reconvenes at 9:55 p.m.
Warren Avenue Extension Presentation - P&W Railroad
Deborah Vieira, Attorney for the Providence & Worcester Railroad Co. addresses the Council and gives an informational presentation on a proposal for improving access to the waterfront, by extending Warren Avenue.
It is reported that the projected cost of the project is $1.6 million and that the Department of Transportation is looking at it as a project to do. It is suggested that letters be sent to the Congressional Delegation to get the project added on to the 1-195 project. Ms. Vieira states that they will take care of that.
City Manager's Report - Mr. Lemont reports that his son John will be graduating this weekend from Roger Williams School of Law.
Mr. Midgley asks the City Manager if he is aware that the School Department is requesting to hire a consultant to report on how they can save on energy. Mr. Lemont says an offer was made to the School Department to go in on the program that was formulated by the R.I. League of Cities and Towns, which the City will be taking part in. Mayor Larisa asks Mr. Lemont to speak to the Superintendent of Schools to see if they can hold off for the time being. He asks the City Manager to report back to the Council.
The business returns to the Road Resurfacing and Kent Heights Playground Improvements item.
Unanimous consent is given to vote on the issue. It is noted that in the future, similar docketed items should be given to the Council prior to the meeting
On motion of Mr. Miranda, seconded by Mr. Grant, and on a unanimous roll call vote, it is unanimously VOTED to award the contract to the low bidder - Cardi Corporation.
(By William J. Conley, Jr., City Solicitor)
Claims Committee Report
Noreen M. Blanchette - Claim No. 99-31 Denied
Peter Brown & Susan Gomersall - Claim No. 99-32 Denied
Daniel Robert Champagne - Claim No. 99-35 Approved
On motion of Mr. Miranda, seconded by Mr. Rogers, and on a roll call vote, it is unanimously VOTED to approve the report as presented.
(By Councilman Patrick A. Rogers)
Mr. Rogers reports that the "Safe Summer Traffic Program" will be kicked off at the Myron J. Francis School on May 25, 1999.
Mr. Rogers congratulates the Police Department, School Department, and City Clerk's Office for receiving a perfect score in the annual Brown University Study, "Report on Open Records." He says it is important to note that there were only a few communities that had perfect scores, and East Providence was cited not only for perfect scores, but in going above and beyond the call of duty. He also speaks about making documents available over the Internet. The City Clerk informs the Council that the Council Agenda is now on the City's web page, and she is working on getting the Council minutes and City ordinances online.
(By Councilman Peter F. Midgley)
Mr. Midgley asks how permission can be obtained to block a State road for a Block Party. Mr. Conley responds that the Department of Transportation has a Division that would address these types of requests. Mr. Conley says he will get the information from D.O.T. to make available.
ORDINANCEResolution Authorizing The Submission of Grant Applications For The State of Rhode Island Comprehensive Economic Development Strategy.
On motion of Mr. Miranda, seconded by Mr. Grant, and on a roll call vote, it is unanimously VOTED to adopt the Resolution.
ORDINANCEResolution approving the change of use at Rosegarden Neighborhood Park from Tennis and passive recreation to soccer field.
On motion of Mr. Miranda, seconded by Mr. Grant, and on a roll call vote, it is unanimously VOTED to adopt the Resolution.
(If given first passage, can be referred to the next regular Council meeting to be held on June 1, 1999 for a public hearing and consideration of final passage)
1. 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.
On motion of Mr. Miranda, seconded by Mr. Rogers, it is unanimously VOTED to approve for First Passage.
2. 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.
On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously VOTED to approve for First Passage.
3. 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.
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously VOTED to approve for First Passage.
4. 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.
On motion of Mr. Rogers, seconded by Mr. Miranda, it is unanimously VOTED to approve for First Passage.
5. 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.
On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously VOTED to approve for First Passage.
6. 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 extended stabilization (a) (1-10), (b),(c),(d) (Requested by Mayor Larisa)
Mayor Larisa speaks on the ordinance, which creates an extended tax stabilization review process for commercial development projects in excess of $1,000,000 in taxable improvements.
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously VOTED to approve for First Passage.
7. 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)
On motion of Mr. Midgley, seconded by Mr. Grant, it is unanimously VOTED to approve for First Passage.
8. 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 Road.
HEDLEY CIRCLE (northbound traffic) at its westerly intersection with Plymouth Road.
(Requested by Director of Public Works)
On motion of Mr. Grant, seconded by Mr. Midgley, it is unanimously VOTED to approve for First Passage.
9. 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 rating examinations 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.(Requested by City Manager)
This amendment reduces the number of residency points from 10 to 5 points for police and fire applicants in the testing process.
A discussion is held on the proposed ordinance. Mr. Grant says he is vehemently opposed to the ordinance, believing City residents should be given the first break in getting the jobs in the City.
Mayor Larisa objects to the City Manager putting ordinances of significant public policy on the docket. He says it should be brought up by a member of the Council and asks Mr. Lemont to go through a Councilman in the future.
Mr. Lemont speaks on the ordinance. He says he has no problem with giving East Providence residents preference, but he cares about getting the best available person for police and fire positions.
Mayor Larisa says the hiring should be based on merit and says he is in favor of abolishing the points all together. He says he would have no objection to giving the job to an East Providence in the case of a tie.
Mr. Rogers speaks against the ordinance, agreeing with the Mayor that there should be no points given. He says the citizens of East Providence deserve the best qualified people.
The Council discusses deferring the ordinance until the next meeting.
On motion of Mr. Miranda, seconded by Mr. Grant, a roll call vote is taken on the motion to defer.
Mr. Grant Aye
Mr. Midgley Nay
Mr. Miranda Aye
Mr. Rogers Nay
Mayor Larisa Nay
The motion fails on a 3-2 vote.
Motion is made by Mr. Midgley, seconded by Mr. Rogers, to approve the ordinance as recommended by the City Manager, reducing the number of residency points for Police and Fire candidates to five. 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 motion passes 4-1.
10. AN ORDINANCE 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)
This ordinance increases the minimum qualifications for police officers.
Mr. Grant states his objections to the three years of satisfactory employment as a correctional officer. He says all that correctional officers do is lock people up and march them around to dinner or wherever they have to go.
Mr. Lemont states that the purpose of the ordinance is to bring a more seasoned person into the Police Department. Chief Dias states that Correctional Officers must go through an academy, similar to the Municipal Police Academy, thus giving them the kind of experience desirable for pol.
After further discussion, motion is made by Mr. Miranda, seconded by Mr. Rogers, to approve the ordinance as written. Roll call vote is taken on the motion:
Mr. Grant Nay
Mr. Midgley Aye
Mr. Miranda Aye
Mr. Rogers Aye
Mayor Larisa Aye
The motion passes 4-1.
1. East Bay Mental Health Center, Inc., requesting an exemption from taxation for the real estate located at 610 Wampanoag Trail.
John P. Digits, Jr., 522 Blake Terrace, North Dighton, Massachusetts is present and sworn.
Mr. Conley speaks and says not all 501C 3's meet the Charitable Trust requirements, and he is not sure if this one does. On motion of Mr. Midgley, seconded by Mr. Rogers, it is unanimously VOTED to approve the request, subject to the City Solicitor's determination that they meet the requirements, and if they do not, Mr. Digits will come back to the Council with the request.
2. David Larson, Riverside Auto Parts, 3712 Pawtucket Avenue, requesting permission to have Pawtucket Avenue closed between Hoppin Avenue and Burnside Avenue on Sunday May 30, 1999 from 11:00 a.m. to 3:00 p.m. for a benefit car show.
Mr. Larson is present and sworn.
On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously VOTED to approve, subject to Police and Fire approval.
3. T. Evans, Evans Findings Co., 33 Eastern Avenue, requesting to address Council re: parking change on Eastern Avenue
Thomas E. Evans, 1 Fair Lane, Rehoboth, Massachusetts is present and sworn.
Mr. Evans, whose business is on Eastern Avenue, speaks about a recently enacted ordinance which restricted parking on one side of the street. He says he was away when the ordinance was heard and his business is effected by the change.
Chief Dias states that without the parking restriction, fire apparatus cannot get through the street. Discussion is held regarding solutions to the problem, that will satisfy all parties.
Discussion is also held on tonnage limit signs that are posted in the area. It is decided that the Police Chief will look into the matter to see if the signs can be taken down and report back at the next meeting.
There being no further business, the meeting adjourns at 11:35 p.m.
Attest:
Valerie A. Perry, CMC
City Clerk Approved: June 1, 1999