CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
The City Council meets in the Council Chamber on Tuesday, December 19, 2000 and is called to order at 7:42 p.m. by Mayor Joseph S. Larisa, Jr.
Present:
Mayor Joseph S. Larisa, Jr.........................Council Members
Rolland R. Grant
Norman J. Miranda
Peter F. Midgley
Patrick A. Rogers
Paul E. Lemont .....................................City Manager
William J. Conley, Jr.............................City Solicitor
Valerie A. Perry ....................................City Clerk
The Invocation is led by Mr. Rogers. The Salute to the Flag is led by Mayor Larisa. Lori Merolla, Merandi Reporting, is present to record the public hearings.
1. Approval of Council Journals
November 21, 2000 - Regular Meeting
November 21, 2000 - Closed Session
December 4, 2000 - Organizational Meeting
2. Cancellations/Abatements - City Assessor requesting cancellation of taxes as follows:
Year Amount
2000 $1,626.22
3. Cancellations/Abatements - City Assessor requesting cancellation of taxes as follows:
Year Amount
2000 $ 640.88
1999 55.65
1998 113.66
1997 151.00
Total $ 961.19
4. Alcoholic Beverage - C1 B FP - Transfer - (Permission to Advertise)
From D&M Sports Tavern, Inc., To Albertino Milo, dba Milho's 308 Warren Ave.
On motion of Mr. Miranda, seconded by Mr. Rogers, and on a roll call vote, it is unanimously to remove the Minutes of the November 21, 2000 Closed Session from the Consent Calendar, and to approve as amended.
On motion of Mr. Miranda, seconded by Mr. Grant, and on a roll call vote, it is unanimously voted to keep approve the minutes of the November 21' Closed Session and keep them closed.
Sue Barclay of the East Coast Greenway Alliance makes a presentation to the Council for the City's participation in the National Trails Day.
Mayor Larisa and Council members present Citations to members and coaches of the East Providence High School Boys' Volleyball Team for winning the State Championship.
(Advertised E. P. Post - 1/29 & 12/7/2000)
Alcoholic Beverage Class B-Ltd. Transfer
From New Buffet, Inc. to Happy New Buffet, Inc. - 1925 Pawtucket Avenue Sheng Qiang Guo, 459 Taunton Avenue, East Providence, Rhode Island is present and sworn. Mr. Guo is represented by Attorney Frederick Marzilli, who helps to answer questions for the Council.
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, subject to approvals from the Police Chief, Building Inspector and Dept. of Health.
Victualing - Over 50 - Transfer
From New Buffet, Inc. to Happy New Buffet, Inc. - 1925 Pawtucket Avenue
On motion of Mr. Grant, seconded by Mr. Midgley, it is unanimously voted to approve, subject to approvals from Police Chief, Building Inspector and Dept. of Health .
Secondhand Dealer - Automobiles
(Advertised E. P. Post - December 7, 2000)
Custom Auto Body Inc., dba Custom Auto Body - 2244 Pawtucket Avenue
Mr. Richard A. Ruggiero, 4 PeepToad Ct., Seekonk, Massachusetts, is present and sworn. He is represented by Attorney Nat Rendine.
There are no persons from the public wishing to be heard.
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously voted to approve, subject to approvals from Police Chief, Zoning Officer, Building Inspector
Victualing - N/Over 25 - Transfer
From Wayne DeRosa, dba Honey Dew Donuts
To EDC Holdings, LLC dba Honey Dew Donuts - 652 Bullocks Point Avenue
Victualing - N/Over 25 - Transfer
From Wayne DeRosa, dba Honey Dew Donuts
To EDC Holdings, LLC Honey Dew Donuts - 1085 Waterman Avenue
Ed DaCruz, 15 Sylvia Lane, Lincoln, Rhode Island is present and sworn.
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously voted to approve both licenses, subject to approvals from the Police Chief, Building Inspector, and Health Inspector
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
Award of Trash Hauling Contract
Mr. Lemont addresses the Council regarding the Trash Hauling Contract. He informs the Council that he is recommending the bid from the New England Ecological Development, Inc. in the amount of $1,450,000, and his recommendation is that the City stick with one company to do all the trash hauling, rather than have separate companies for trash hauling and recycling. The bid includes $50,000 for public trash receptacle collection, which City workers have been handling and which there is currently a grievance pending. Mr. Lemont says if he is successful with the grievance, the City workers will no longer be picking up the trash receptacles, that it will be handled by the trash haulers.
Mr. Midgley states he wants reassurance that the trash will be picked up on Saturday if there are any problems on the Friday pickup. Mr. Lemont replies that the company will be fined if they do not pick up on Friday, and tells Mr. Midgley that if need be, they will be there on Saturdays.
Mr. Rogers asks questions about Lou Vinagro, and if he has been convicted of any criminal charges. Mr. Lemont responds that Mr. Vinagro is the owner of the company, but is not running it. He goes on to say that there have been charges against Mr. Vinagro, but he does not know if Mr. Vinagro has ever been convicted or not.
John Conley, 115 Smith Street, East Providence, Rhode Island is allowed to speak on the subject and is sworn in by the Solicitor. Mr. Conley says that he heard that Bruce Sundlun is working with Mr. Vinagro to sell the company to a national outfit. Mr. Lemont responds that he has no knowledge of this.
After further discussion, a motion to approve is made by Mr. Midgley and seconded by Mr. Grant. A roll call vote is taken on the motion:
Mr. Grant Aye
Mr. Midgley Aye
Mr. Miranda Aye
Mr. Rogers Nay
Mayor Larisa Aye
Motion passes 4-1.
Discussion of water and wastewater operations and fees
Mr. Lemont gives a synopsis of the water system in the City.
City Manager's Report
Mr. Lemonts reports on the repairs made at Weaver Library to eliminate the water problem and he states that the problem seems to have been taken care of. He also reports on the cosmetic improvements made to the Weaver Library, and states that the Fuller Library will be closed for a month to do some work on the interior.
(By William J. Conley, Jr., City Solicitor)
1. Claims Committee Report
Robert Bennett Claim No. 00-52 Referred to Law Department
NLC Ins. Co. Claim No. 00-53 Referred to Law Department
Roland Raposa Claim No. 00-51 Approved
Peter Moisiades Claim No. 00-57 Approved
Karen Courtemache Estate Claim No. 00-58 Referred to Law Department
Claire McCue Claim No. 00-09 Referred to Law Department
City vs. Streetguard Pending Litigation Referred to Law Department
To hire Texas counsel
On motion of Mr. Grant, seconded by Mr. Miranda, and on a roll call vote, it is unanimously voted to accept the Claims Committee report as read.
2. Public Utilities Commission - Providence Water Supply Board Settlement
Mr. Conley explains the rate increase, which was approved y the Council at the previous City Council meeting.
Mr. Midgley asks how the City can get someone on the Providence Water Supply Board. Mr. Conley explains that the City of Providence owns the land, owns the water, and sets the rates through the Public Utilities Commission, and the City of East Providence has no control in setting the price.
(By Chief Gary Dias, Chief of Police)
School Resource Officer Grant Program
Chief Dias addresses the Council regarding the program which will place police officers in schools. Captain Norman Miranda gives a Power Point presentation outlining the program. Following the presentation, the Council questions Chief Dias about the program. He explains that it is a 3 year grant program which will pay up to $125,000 per officer. The City and School Department would be required to pay the full cost in the 41 year.
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously voted to accept the report and to instruct the City Clerk to work with the School Committee to set up a mutually agreeable date for a workshop.
(By Valerie A. Perry, City Clerk)
Requesting City Council's approval for dates of the Year 2001 City Council Meetings.
January 2, 2001 May 1, 2001 October 2, 2001
January 16, 2001 May 15, 2001 October 16, 2001
February 6, 2001 June 5, 2001 November 6, 2001
February 20, 2001 June 19, 2001 November 20, 2001
March 6, 2001 July 17, 2001 December 4, 2001
March 20, 2001 August 14, 2001 December 18, 2001
April 3, 2001 September 4, 2001
April 17, 2001 September 17, 2001 * (Monday)
*Tuesday, September 18, 2001 - Rosh Hashana
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously voted to approve.
COUNCIL MEMBERS
(By Mayor Joseph S. Larisa, Jr.) Municipal Court Personnel Review On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously voted to defer to the end of the meeting along with Councilman Miranda's docketed item on Council Appointees' Job Performance.
(By Councilman Peter F. Midgley)
1. Destruction Report
Mr. Midgley speaks on the recent destruction at the Rosegarden Soccer Field. He asks for the record, what the damage was and what the cost was to put it up. Mr. Lemont reports that the cost of the gravel, sprinkler system, etc. was $130,000, which does not include the cost of labor. He says that the damage could run between $9700 and $10,000. Because the responsible individual is 17 years old, he will only be required to pay back $2,000 at maximum.
On motion of Mr. Grant, seconded by Mr. Midgley, it is unanimously voted to authorize the City Solicitor to send a demand letter and to prosecute to the full extent of the law.
2. City Lights
Mr. Midgley speaks on the lack of lights and holiday displays in the City. He says he would like a commitment or at least a try to brighten the City up during the holidays. Mr. Miranda says that he heard comments from taxpayers who were disappointed at the lack of decorations at City Hall and throughout the City.
(By Councilman Norman J. Miranda)
1. Bentley Street Garage
Mr. Miranda questions Mr. Lemont about the Bentley Street garage. Mr. Lemont replies that there is a plan to develop Warren Avenue from the foot of that road to just past the old Warren Avenue School, which is used by the School Department for a Maintenance garage. He says two of the properties were purchased by a builder. It has been determined that it would cost approximately $250,000 to fix the Bentley St. Garage for the School Department's use. He proposes selling the property on Warren Avenue, with the proceeds going to the School Department for the construction of a new building on the easterly side of Bentley Street, where the present garage is. Another solution would be to put an addition on the garage at Commercial Way, with a separate entrance for the School Department's use. Mr. Miranda says he put this item on the docket to get the record clear.
2. Review of Council Appointees' Job Performance
Deferred to end of meeting.
(By Councilman Patrick A. Rogers)
Summer 2001 Street Re-paving program
Councilman Rogers says he would like Council members to have input on which streets will be paved in their wards. Public Works Director Julie Forgue states that the Department is not sure at this point which streets will be done.
After further discussion, Mr. Rogers makes a motion, which is seconded by Mr. Grant, to work with whatever schedule the Public Works Director thinks is appropriate and to give each Councilman input regarding what streets will be paved in each ward.
(If given first passage, can be referred to the next regular Council meeting to be held on January 2, 2001 for a public hearing and consideration of final passage)
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 Sec. 18-269 entitled "Stop and yield intersections designated; when stops required." by adding thereto the following:
SEVENTH STREET (southbound traffic) at Mercer Street.
MERCER STREET (eastbound and westbound traffic) at Fifth Street.
(Requested by the Director of Public Works)
On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously to approve for First 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 Article X entitled "Stopping, Standing and Parking." Subsection 18-315 entitled "Reserved parking designated-Handicapped parking." by adding thereto the following: ORCHARD STREET, (north side) in front of house number 62, from a point 210 feet east of the Purchase Street intersection, easterly for a distance of 20 ft. (Requested by the Director of Public Works)
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously to approve for First Passage.
3. 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 Article VII entitled "Operation of Vehicles" by adding thereto the following:
Sec. 18-227. Temporary Closure of Streets. The City Council may authorize the temporary closure of streets or portions thereof for specific days and periods of time. Whenever any closure designation is made, the city engineer designated by the public works director shall place and maintain signs giving notice thereof and no such designation shall be effective unless such signs are erected and in place at the time of any alleged offense.
It shall be unlawful for the operator of any vehicle to drive the vehicle over the following streets as designated:
Mercer Street between Fifth Street and Seventh Street between 8:00 AM and 9:00 AM and between 2:00 PM and 3:00 PM on school days.
(Requested by the Director of Public Works)
On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously to approve for First Passage.
4. 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. 2-52. entitled "Membership; appointment of members." to read as follows:
Sec. 2-52. Membership; appointment of members.
The carousel park commission shall consist of 15 residents of the city, to include a member of the city council selected by the council; two members from each of the four wards of the city, nominated by the council person from each ward; two members nominated by the council person at-large; one member at-large nominated by the mayor; the city manager or his representative; a member of the Historic Properties Designation and Study Commission appointed by majority vote of the council and the superintendent of schools or his representative. The selection of public members shall be from residents demonstrating an avid interest in the welfare of the carousel park properties and particular abilities to contribute to the commission, including but not limited to historic preservation, architecture, community, heritage, public relations, environmental appreciation, fundraising, and community involvement. Each nominee for membership in the commission shall be elected by the entire city council.
(Requested by Mayor Larisa)
On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously voted to dispense with the reading of the ordinance.
On motion of Mr. Miranda, seconded by Mr. Rogers, it is unanimously voted to approve for First Passage.
(By Mayor Joseph S. Larisa, Jr.)
1. Board of Tenants Affairs - William R. Simpson, 194 Don Avenue 02916
On motion of Mr. Midgley, seconded by Mr. Rogers, it is unanimously voted to approve.
2. Holiday Display Committees
(By Mayor Joseph S. Larisa)
Colleen Conley, Brady Conley, Jeffrey Tilley
On motion of Mr. Miranda, seconded by Mr. Rogers, it is unanimously to approve.
(By Councilman Norman J. Miranda)
Shirley Miranda, Constance Silveira
On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously to approve.
(By Councilman Rolland R. Grant)
Mr. and Mrs. Christopher Parella
Mr. and Mrs. Paul McKivergan
On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously to approve.
(By Councilman Patrick A. Rogers)
Ellen, Tim, Claire Rogers
On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously to approve.
3. Canvassing Authority
Thomas C. Riley - 3620 Pawtucket Avenue 02915
Mayor Larisa defers this to the next meeting.
Mr. Midgley asks for Council Consent to wish everyone a Merry Christmas and Happy New Year.
On motion of Mr. Grant, seconded by Mr. Miranda, and on a roll call vote, it is voted 5-0 to go into Executive Session in accordance with Section 42-46-5 of the "Exceptions" of Chapter 46 of the General Laws, pursuant to Section 42-46-5-(A)(1) Job Performance Review.
The meeting recesses and goes into Closed Session at 10:12 p. m. The City Council goes back into open session at 11:10 p.m. and the following motions are made:
A motion is made by Councilman Miranda and seconded by Councilman Rogers to increase the City Manager's salary by 5% retroactive to October, 2000 and to make a one time contribution to the ICMA pension fund in the amount of $10, 000. The motion is passed unanimously.
A motion is made by Councilman Rogers and seconded by Councilman Miranda that with the exclusion of the Municipal Court judge, Municipal Court officer, the Probate Court judges and the Harbor Master and Assistant Harbor Masters, all other Council appointees should be given a 4% wage increase retroactive to October 1, 2000. The motion is passed unanimously.
A motion is made by Councilman Midgley and seconded by Councilman Miranda that the part time Municipal Court clerk teller position shall be changed to a full time position. The motion is passed unanimously.
A motion is made by Councilman Rogers and seconded by Councilman Grant to give a 4% wage increase to the City Solicitor (not including the Assistant City Solicitors).
There being no further business, the meeting adjourns at 11:15 p.m.
Attest
Valerie A. Perry, CMC
City Clerk Approved: January 2, 2001