November 21, 2000 - Journal of the Regular Council Meeting 

 

CITY OF EAST PROVIDENCE

RHODE ISLAND

JOURNAL OF REGULAR COUNCIL MEETING

NOVEMBER 21, 2000

 

The City Council meets in the Council Chamber on Wednesday, November 8, 2000 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          

                        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 Mr. Miranda.. Lori Merolla, Merandi Reporting, is present to record the public hearings.

 

CONSENT CALENDAR

 

1. Approval of Council Journals

            Regular Meeting - November 8, 2000

            Closed Session - November 8, 2000

 

2. Alcoholic Beverage License - Class F - December 2, 2000

            Sacred Heart Church - 101 Taunton Avenue

 

3.  Alcoholic Beverage License - Class B Limited - (Permission to Advertise)

            Happy New Buffett, Inc., 1925 Pawtucket Avenue

 

4. Sunday/Holiday Sales

            Allison Reed Group Inc., 655 Waterman Avenue

 

On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously voted to remove the minutes of the November 8, 2000 Closed Session from the Consent Calendar, and to approve the Consent Calendar as amended.

 

On motion of Mr. Miranda, seconded by Mr. Grant, and on a roll call vote, it is unanimously voted to approve the minutes of the November 8, 2000 Closed Session and to keep them closed.

 

PROCLAMATIONS, PRESENTATIONS, INTRODUCTIONS

 

Proclamation - George Faria Day

Citations - East Providence Mohawks - State Youth Superbowl Champs

 

CITY COUNCIL SITTING AS LICENSING COMMISSIONERS

 

LICENSES REQUIRING PUBLIC HEARING

 

Alcoholic Beverage License Renewals (Deferred from October 23, 2000)

 

Mr. Miranda and Chief Dias report that there was a meeting with the four applicants and the neighbors of the establishments. Mr. Miranda congratulates the Community Policing Unit and Sgt. Parella for the way the meeting was handled. He says the neighbors were satisfied and he recommends that the licenses be approved. After hearing from the Chief, it is decided that the license renewals can go forward.

 

1.  Alcoholic Beverage - Class B Full Privilege

 

Dick C's, Inc., dba Dick C's Place, 218 Warren Avenue

 

On motion of Mr. Miranda, seconded by Mr. Grant, and on a roll call vote, it is unanimously voted to approve, subject to approvals from Police Chief and Health Inspector.

 

2.  Alcoholic Beverage - Class B Full Privilege

 

Tropical Ilhas, Inc., 472 Waterman Avenue

 

On motion of Mr. Miranda, seconded by Mr. Grant, and on a roll call vote, it is unanimously voted to approve, subject to approvals from Police Chief and Health Inspector.

 

3.  Alcoholic Beverage - Class B Full Privilege

 

PWRPJ, Inc., dba Rockin' Times, 478 Waterman Avenue

 

On motion of Mr. Miranda, seconded by Mr. Grant, and on a roll call vote, it is unanimously voted to approve, subject to approvals from Police Chief and Health Inspector.

 

4. Alcoholic Beverage - Class B Full Privilege

 

Mindelo Restaurant, Inc., dba One River Street Restaurant, 1 River Street

 

On motion of Mr. Midgley, seconded by Mr. Miranda, and on a roll call vote, it is unanimously voted to approve, subject to approvals from Police Chief and Health Inspector

 

 

LICENSES NOT REQUIRING PUBLIC HEARING

 

Victualing - Transfer

From Tauqeer Anjum, dba Dairy Farm

To Dairy Farm of East Providence, Inc., dba Dairy Farm, 2775 Pawtucket Avenue

 

On motion of Mr. Grant, seconded by Mr. Midgley, it is unanimously voted to approve.

 

Sunday/Holiday Sales - Transfer

 

From Tauqeer Anjum, dba Dairy Farm To Dairy Farm of East Providence, Inc., dba Dairy Farm, 2775 Pawtucket Ave .

 

On motion of Mr. Grant, seconded by Mr. Midgley, it is unanimously voted to approve.

 

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL

 

On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously voted to change the order of business to move the item under "Communication" to the next item on the docket.

 

COMMUNICATIONS

 

Dr. Taras Herbowy, Superintendent of Schools, requesting to address the Council:

 

            1. Final Program Overview for HVAC

            2. Community Policing Officers

 

Dr. Taras Herbowy, Superintendent of Schools, addresses the Council regarding the final program overview of the heating, air conditioning, and lighting retrofit of some of the City's schools.

 

Following Dr. Herbowy's presentation, the Council question Dr. Herbowy on the bidding process. Dr. Hilton states that there was no competitive bid on what needs to be done at Waddington School. He states that Honeywell was chosen because of their reputation and that they guaranteed the maximum price.

 

Ernie DeSaia, the City's Consultant Engineer, states his concerns and says he has no idea of what the hidden costs are and states the importance of the specifications. He says the normal procedure is to go out and get a legitimate bid. Mr. Rogers questions why Honeywell is financing the project. He also speaks on what he believes to be unnecessary costs to put air conditioning in the schools.

 

Mayor Larisa speaks and says this would obligate the taxpayers and Council for five years on a lease/purchase agreement.

 

Further discussion is held, with James McDonald, Finance Director, Robert Silva, School Department Attorney, and Mr. Conley giving additional information on the subject.

 

After a lengthy discussion, Mayor Larisa states that what needs to be done first is to have the School Department work with Ernie DiSaia and the City Manager, and to get all the documents to them. If Mr. DiSaia and the City Manager feel everything is okay, they will inform the Council and it will go forward. He says the City can meet on a 48 hour notice.

 

Marie Hamilton of Honeywell addresses the Council. She gives an overview of the program.

 

Following more discussion, on motion of Mr. Grant, seconded by Mr. Rogers, and on a roll call vote, it is unanimously voted that the City Professionals, directed by Mr. Lemont, will work with the School Department and analyze all facets of the deal get back to the City Council with the recommendation; and also it the intent of the Council to expedite this process as quickly as possible and on certification of the School Committee that the Waddington aspect is an emergency, to move the bidding process - expedite accordingly.

 

2.         Dr. Herbowy speaks about a Community policing program in the schools and says that Chief Dias will make a presentation to the Council at a future date.

 

Dr. Herbowy begins to speak on the Warren Avenue property. Mr. Miranda says this item was not on the docket, and would need Council Consent. He refuses Council Consent and the discussion ends.

 

On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously voted to return to the regular order of business.

 

The meeting recesses at 9:20 p.m. and reconvenes at 9:30 p.m.

 

PUBLIC HEARINGS

 

RECREATION, CONSERVATION & OPEN SPACE PLAN FINAL APPROVAL

 

On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously voted to defer this to the next meeting in order to update it to December 2000 and include the $600, 000 for Crescent Beach.

 

ZONING MAP AMENDMENT

 

2.         Rezoning request - from Commercial 1 to Residential 4 and Open Space 1

            Petitioner -       Joseph Swift

            Attorney -        Martin P. Slepkow

            Lot       -           Map 404, Block 4, Parcel (Portion of) 1

            Area     -           5,937 Sq. Ft.

            Location -        Centre Street & North Broadway

            Notices served on abutters - November 3, 2000

 

Attorney Martin P. Slepkow speaks on the petition, and says it is a reasonable solution to the City and to Mr. Swift. Parcel A will be rezoned to allow a single family dwelling, and Parcel B will be rezoned to an open space zone, which will be deeded to the City by Mr. Swift as a gift to the City. Mr. Rogers says that Mr. Swift is going to donate 90% of the parcel next to the Ten Mile River, and the City will take the parcel and turn it into a passive recreational open space area. He speaks about the possible sources of funding for the property. Agawam Hunt has agreed to a perpetual maintenance agreement on the piece of land.

 

Planning Director Jeanne Boyle gives an overview of the plan.

 

Mayor Larisa commends Mr. Rogers on the effort he put into this plan.

 

On motion of Mr. Rogers, seconded by Mr. Grant, and on a roll call vote, it is unanimously voted to approve.

 

2.  Proposed Land Dedication - Centre Street & North Broadway - Assessor's Map 404, Block 4, Parcel 1 Owner: Joseph R. Swift

 

On motion of Mr. Grant, seconded by Mr. Rogers, and on a roll call vote, it is unanimously voted to approve.

 

ORDINANCES - FINAL PASSAGE

Advertised - Providence Journal - November 6, 13, 20, 2000

*          AN ORDINANCE IN AMENDMENT OF CHAPTER 19 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND 1998, AS AMENDED, ENTITLED "ZONING," which amends Sec. 19-96 entitled "Districts Designated" to read as follows:

A portion of Parcel 1 on Assessor's Map 404 presently located in a Commercial 1 District as hereinafter described as Parcel A is hereby changed to be included in a Residential 4 District and a portion of Parcel 1 on Assessor's Map 404 presently located in a Commercial 1 District as hereinafter described as Parcel B is hereby changed to be included in an Open Space 1 District, provided however that Parcel B be deeded to the City of East Providence for Open Space use and provided that an agreement is entered into between the City of East Providence and Agawam Hunt for the maintenance and beautification of Parcel B in perpetuity. In the event of a violation of the above stipulations, said Parcel B shall revert to a Commercial 1 District. The Zoning Map of the City of East Providence shall be amended accordingly.

            (Requested by the Director of Planning)

 

On motion of Mr. Grant, seconded by Mr. Rogers, and on a roll call vote, it is unanimously voted to approve the ordinance as amended. CHAPTER NO. 149

 

Director Boyle requests a small amount of money be set aside in order to have a conceptual plan prepared for site, which will be useful in obtaining grant money. She requests that the Council authorize up to $5,000 towards the services of a landscape architect to have a plan done for this property.

 

On motion of Mr. Grant, seconded by Mr Miranda, it is unanimously voted to approve the authorization of up to $5,000 from the bond funds.

 

NEW BUSINESS

CITY MANAGER

 

1.         Requesting Council approval to award a contract for Architectural Engineering services for the new Branch Library.

 

Mr. Lemont addresses the Council and says it is his assumption that on the next bond issue there will be a Riverside Library, and that architects have been sought to come in and give proposals. Ernie DiSaia reviews the bid tabulations.

 

Mayor Larisa says the two questions that need to be answered are how much is the library going to cost and where is the funding going to come from?

 

Mr. Lemont responds that it was his understanding that the Library would be included in the next bond issue. Mayor Larisa says he asked for a memo months ago on the issue and has not received anything yet. He also says that he remembers a discussion about putting the library next to a multi-purpose recreation center at the Forbes Street landfill.

 

Mr. Midgley speaks on the issue. He says he will never vote to put the library on the landfill, and the former water tank site is the best place. Also, the present facility is totally inadequate and he will support a motion to go forward.

 

Further discussion takes place, with the remaining Council members agreeing that Riverside needs a new library.

 

Mayor Larisa says he will vote in favor of the contract award with the caveat that the Board of Directors of the Library give to the Council a memorandum with the estimated cost of the library, how much the State will pay for the library, and any proposal on how to receive outside funding for the library.

 

On motion of Mr. Midgley, seconded by Mr. Miranda, and on a roll call vote, it is unanimously voted to approve the contract award with the caveat of Mayor Larisa.

 

Requesting Executive Session to Ratify Contracts

 

On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously voted to defer to the end of the meeting.

 

City Manager's Report

 

None

 

REPORTS OF OTHER CITY OFFICIALS

 

By William J. Conley, Jr., City Solicitor)

Claims Committee Report

 

Karen Valentine Claim No. 00-50 - referred to Law Department

Mary Perry Claim No. 00-48   - Approved

Peter Hardro Claim No. 00-49 - Referred to R.I. D.O.T.

Mary Lacerda Claim No. 00-46 - Approved

Linda Curti Claim No. 00-47    - Approved

 

On motion of Mr. Miranda, seconded by Mr. Rogers, and on a roll call vote, it is unanimously voted to accept as presented.

 

COUNCIL MEMBERS

 

(By Councilman Rolland R. Grant)

Water Bill of Constituents

 

Mr. Grant says the sewer assessment is more than the water bill for some constituents, and asks for an explanation.

 

Mr. Lemont replies and says the sewer use fee is the lowest in the State, and the taste of the water is mandated by the Federal Government. He goes on to say that if the City gets rid of the water rates and sewer use fee, the taxes will go up.

 

Mr. McDonald goes on to explain how the charges are figured.

 

After further discussion, Mr. Grant asks that the situation be explained to the taxpayers by way of a mailing of something they can understand.

 

On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously voted to prepare a flyer for the City Council's review which will include what the last water rate increase was, what has happened to the rate since then that the City has absorbed, what this rate increase will do, what it's going for, explaining how the rate is calculated and it's difference from the sewer use fee, and in addition, the reason for the exemption on the sewer use fee.

 

Mr. Midgley asks Mr. McDonald if the sewer use fee has ever exceeded the revenue that was anticipated. Mr. McDonald says that is has not, that the revenue has been a little less than anticipated.

 

(By Councilman Norman J. Miranda)

Review of Council Appointees' Job Performance.

Mr. Miranda defers to the end of the meeting.

 

Mr. Miranda receives Unanimous Consent to announce that the Santa Maria Cultural Club at 846 Broadway will be serving Dinner on Thanksgiving Day for all those that will be alone. The dinner will be served from 12 to 4 p.m.

 

Addendum

(By Mayor Joseph S. Larisa, Jr.)

 

Change of Council Meeting Dates

On motion of Mr. Midgley, seconded by Mr. Grant, it is unanimously voted to change the Council meeting dates for December to December 4 (organizational meeting) and December 19.

 

Inauguration Night

Mayor Larisa announces that Governor Almond will be joining the Council and School Committee on Inauguration Night. He also notes that the reception will be at the Senior Center, which will be open to the public.

 

On motion of Mr. Midgley, 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) Discussion of job performance, and Section 42-46-5-(A)(2) Collective Bargaining.

 

The open meeting recesses at 11:00 p.m. and goes into Executive Session. The open meeting resumes at and adjourns at

 

Attest:

Valerie A. Perry, CMC

City Clerk                                Approved: December 19, 2000

 

 

 

 

November 21, 2000 - Journal of the Regular Council Meeting
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