CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
The City Council meets in the Council Chamber on Tuesday October 3, 2000 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 Grant. 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
Regular meeting - September 19, 2000
Closed Meeting - September 19, 2000 - re: Negotiations
YEAR AMOUNT
2000 $6,375.59
On motion of Mr. Grant seconded by Mr. Miranda, and on a roll call vote, it is unanimously voted to remove the minutes of the Closed Meeting from the Consent Calendar and to approve as amended.
On motion of Mr. Grant, seconded by Mr. Miranda, and on a roll call vote, it is unanimously voted to approve the minutes of the Closed Meeting and to keep the minutes closed.
1. WRECKER/TOWER
Michael J. Pouliot, dba American Towing Co., 227 Mauran Avenue, East Providence, Rhode Island is present and sworn.
Mr. Pouliot is told by the Council that he will not be governed by the Cities towing regulations because he is not on the City's tow list, that this is just a license to operate in East Providence.
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously voted to approve, subject to approval from the Chief of Police.
2 SUNDAY/HOLIDAY SALES
Theodore W Sanford, dba Harbor view Candle Products, Inc., 292 Bullocks Point Ave
Theodore W. Sanford, 242 Terrace Avenue, Riverside, Rhode Island, along with Margie and Carl Anderson, 68 Avenue, Riverside, Rhode Island, are present and sworn.
On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously voted to approve, subject to approvals from the Police Chief and Building Inspector.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
On motion of Mr. Miranda, seconded by Mr. Midgley, it is unanimously voted to change the order of business and place the item under Communications next on the docket.
Janis (Mooradian) Calouro, 92 Orchard Street, East Providence, Rhode Island, addresses the Council regarding the upcoming move of the Human Services Department Building on James Street to Pawtucket. Ms. Calouro speaks of the hardships the move will cause her and other welfare recipients. Mr. Lemont speaks on the matter and says it was the State's desire to regionalize the welfare offices. He says the Department is planning on more paper programs, thereby eliminating the need for much of the travel. The Mayor states that while the move may cause a hardship to residents of East Providence who will now have to travel to Pawtucket, there will always be the necessity to travel for some people, depending on where they live.
ORDINANCES - FINAL PASSAGE (Given first passage September 19, 2000
Advertised - Providence Journal - September 22, 2000
The following ordinance establishes the requirement for honorable service for benefits under the Policemen's and Firemen's Pension Fund.
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 adds the following:
Article VI. Revocation and reduction of Policemen's and Firemen's Pension Fund Benefits.
Sec. 11-252. Definitions.
(a) Crime related to employment with the City of East Providence as a police officer or fire fighter shall mean any of the following criminal offenses:
(1) The committing, aiding, or abetting of an embezzlement of public funds;
(2) The committing, aiding or abetting of any felonious theft by a public officer or employee from his or her employer;
(3) Bribery in connection with employment of a public officer or employee; and
(4) The committing of any felony by a police officer or fire fighter who, wilfully, and with the intent to defraud, realizes or obtains, or attempts to realize or obtain, a profit, gain, or advantage for himself or herself or for some other person through the use or attempted use of the power, rights, privileges, duties, or position of his or her public employment.
(b) "Police officer" or "Fire fighter" shall mean any current or former employee of the city police department or fire department.
(c) Board of Trustees shall mean that board established pursuant to Sec. 11-245 of Article V of this Chapter.
(d) As used in this chapter, the phrase "pleads guilty or nolo contendere" shall not include any plea of nolo contendere which does not constitute a conviction by virtue of R.I.G.L. Section 12-10-12 or 12-18-3.
Sec. 11-253. Revocation and reduction of benefits.
(a) Notwithstanding any other provision of law, any retirement or other benefit or payment of any kind to which a police officer or fire fighter is otherwise entitled under V of this Chapter and any collective bargaining agreement between the city of East Providence and the recognized collective bargaining agents for members of the police department or fire department shall be revoked or reduced, in accordance with the provisions of Article V of the Chapter, if the police officer or fire fighter is convicted of or pleads guilty or nolo contendere to any crime related to his or her duties as a police officer or fire fighter. Any such conviction or plea shall be deemed to be a breach of the police officer's and fire fighter's collective bargaining agreement with the city of East Providence.
(b) Whenever any police officer or fire fighter is convicted of or pleads guilty or nolo contendere to any crime related to his or her employment, the Board of Trustees shall order the police officer or fire fighter to appear at a hearing before the Board of Trustees to show cause why any retirement or other benefit or payment to which the police officer or fire fighter is otherwise entitled under Article V of this Chapter should not be reduced or revoked. The Board of Trustees may appoint a hearing officer as its designee for the purpose of conducting such hearing and rendering a decision thereon.
(c) (1) In any hearing under Article V of this Chapter for the revocation or reduction of retirement or other benefits, the Board of Trustees shall determine:
(i) Whether the police office or fire fighter has been convicted of or pled guilty or nolo contendere to any crime related to his or her public employment and, if so;
(ii) Whether the retirement or other benefits or payments to which the police officer or fire fighter is otherwise entitled should be revoked or diminished and, if so;
(iii) In what amount or by what proportion such revocation or reduction should be ordered.
(2) In rendering its decision hereunder, the Board of Trustees shall consider and address each of the following factors:
(i) The fact that the allowance of retirement or other benefits or payments for service under Article V of this Chapter presumes and requires that the service shall have been honorably rendered;
(ii) The severity of the crime related to public employment in which the police officer or fire fighter has been convicted or to which the police officer or fire fighter has pled guilty or nolo contendere;
(iii) The amount of monetary loss suffered by the city as a result of the subject crime related to public employment;
(iv) The degree of public trust reposed in the police officer or fire fighter by virtue of his or her public employment;
(v) Any such other factors as, in the judgment of the Board of Trustees, justice may require.
(d) If the Board of Trustees determines that the retirement or other benefits or payments of a police officer or fire fighter should be revoked or reduced, it may, in its discretion and after taking into consideration the financial needs and resources of any innocent spouse, dependents and/or designated beneficiaries of the police officer or fire fighter, determine that some or all of the revoked or reduced benefits or payments be paid to any innocent spouse, dependent or beneficiary as justice may require.
(e) If the Board of Trustees determines that the retirement or other benefits or payments of a police officer or fire fighter should not be revoked or reduced under Article V of this Chapter it shall order that the retirement or other benefits or payments be made to the police officer or fire fighter.
(f) If the Board of Trustees determines that the retirement or other benefits or payments of a police officer or fire fighter should be revoked or reduced, the Board of Trustees shall initiate a civil action in Superior Court for the revocation or reduction of any retirement or other benefits or payments to which the police officer or fire fighter is otherwise entitled to under Article V of this Chapter.
Sec. 11-254. Return of contribution.
(a) Any police officer or fire fighter whose retirement or other benefits or payments are revoked pursuant to Article V of this Chapter shall be entitled to a return of his or her contribution paid into the pension fund without interest.
(b) Any police officer or fire fighter whose retirement or other benefits or payments are reduced pursuant to Article V of this Chapter shall be entitled to a pro rata return of a portion of his or her contribution paid into the pension fund in an amount proportionate to the amount of any such reduction, without interest.
(c) Notwithstanding the provisions of subsections (a) and (b) of this section, no payments in return of contributions shall be made or ordered unless and until the Board of Trustees determines that the police officer or fire fighter whose retirement or other benefits or payments have been revoked or reduced under Article V of this Chapter has satisfied in full any judgments or orders rendered by any court of competent jurisdiction for the payment of restitution for losses incurred by any person as a result of the subject crime related to public employment. If the Board of Trustees determines that the police officer or fire fighter whose retirement or other benefits or payments have been revoked or reduced under Article V of this Chapter has failed to satisfy any outstanding judgment or order of restitution rendered by any court of competent jurisdiction, it may order that any funds otherwise due to the police officer or fire fighter as a return of contribution, or any portion thereof, be paid in satisfaction of the judgment or order. CHAPTER NO. 139
(Requested by Councilman Rolland R. Grant and Councilman Peter F. Midgley)
There are no persons from the public wishing to be heard.
Mr. Grant speaks on the ordinance which willl deny pension benefits to police or fire personnel who commit a crime directly related to their job.
On motion of Mr. Midgley, seconded by Mr. Grant, and on a roll call vote, it is unanimously voted to approve the ordinance for Final Passage.
Budget Hearing (Continued from September 19, 2000)
Daniel Harrington, 74 Temple Drive, East Providence, Rhode Island, 02915, is present and sworn and speaks against the proposed budget. He also speaks about the zoning ordinances of the City. Mr. Harrington is the only person from the public wishing to be heard.
After a lengthy discussion, a motion to approve the budget as presented is made by Mr. Rogers, seconded by Mr. Miranda. A roll call vote follows:
Mr. Grant Nay
Mr. Midgley Aye
Mr. Miranda Aye
Mr. Rogers Aye
Mayor Larisa Aye
The motion passes 4-1.
The meeting recesses at 9:04 p.m. and reconvenes at 9:10 p.m.
Advertised - Providence Journal - September 7, 2000)
An Ordinance Appropriating $102,322,884 for the Support of the City Government for the Fiscal Year Ending October 31, 2001 CHAPTER NO. 140
Motion to approve is made by Mr. Miranda, seconded by Mr. Rogers. Roll call vote follows:
Mr. Grant Nay
Mr. Midgley Aye
Mr. Miranda Aye
Mr. Rogers Aye
Mayor Larisa Aye
The ordinance is adopted on a 4-1 vote.
City Manager's Report
Mr. Lemont asks Police Chief Gary Dias to give an update on the Law Enforcement Grant. The Chief reports that the Police will receive a total of $17,676, which will be used to purchase computer equipment.
Mr. Lemont requests that the Council go into Executive session to discuss negotiations.
On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously voted to defer to the end of the meeting.
(By William J. Conley, Jr., City Solicitor)
Claims Committee Report
Carmen Mijares Claim No. 00-36 Denied
Pending Litigation - Albert Petisce v. City Proposed Settlement Approved
On motion of Mr. Miranda, seconded by Mr. Rogers, it is unanimously voted to accept the report as presented.
(By Valerie A. Perry, City Clerk)
Renewal of Annual Licenses
Requesting authorization be granted to renew subject licenses, excluding alcoholic beverage licenses, for year commencing December 1, 2000, upon application by licensee and approval by Chief of Police and, as required, by Health Inspector and other City Officials: and requesting also to be advised of any licenses to be deferred or withheld from the renewal process.
On motion of Mr. Grant, seconded by Mr. Miranda, and on a roll call vote, it is unanimously voted to approve.
Councilmen : Patrick Rogers/Peter F. Midgley
Heating Assistance for Seniors and low income residents.
Councilman Rogers proposes a $5,000 contribution by the City, to be matched by businesses and private contributions, to the heating assistance program administered by Self Help for seniors and low income residents.
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously voted to approve.
Mayor Joseph S. Larisa, Jr. Requesting Council support of bond referendum #5 on the November 7, 2000 ballot for the Heritage Harbor Museum.
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously voted to approve.
Councilman Rolland R. Grant
Requesting a directive by the Council for the immediate updating of the City's Zoning Ordinances.
Mr. Grant asks the Council to issue a directive to Mr. Conley to report on how many zoning ordinances have changed. Mr. Conley replies that the ordinances are reviewed yearly and are updated as needed.
Mr. Midgley questions Mr. Grant as to what specific ordinances he wants to have changed. Mr. Grant states that he has no specific ordinances in mind.
Mr. Rogers speaks. He says he wants to correct the record regarding the zoning variance issued to Pond View and the recent newspaper articles on the subject. He refers to a transcript of a February 11, 1998 Zoning Board of Review Hearing, and notes for the record that dozens of residents spoke at that hearing against the variance. He says that the variance was granted on a motion of the former Zoning Board Chairman. He says the Council is not to blame for the zoning variance.
(If given first passage, can be referred to the next regular Council meeting to be held on October 23, 2000 for a public hearing and consideration of final passage)
1 AN ORDINANCE AUTHORIZING THE DIRECTOR OF FINANCE TO BORROW FUNDS IN ANTICIPATION OF TAXES.
On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously voted to approve for First Passage.
2 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. Midgley, seconded by Mr. Miranda, 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 adopts 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. Grant, seconded by Mr. Midgley, it is unanimously voted to approve for First Passage.
The following ordinance modifies the water rates
4 AN ORDINANCE IN AMENDMENT OF CHAPTER 17 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "UTILITIES." which amends Sec. 17-36. entitled "Water Rates." to read as follows:
Sec. 17-36. Water rates.
(a) The water rates for water furnished by the city to the consumer and measured by meter shall be billed at $2.34 per 100 cubic feet for all consumers.
(b) All additional charges to the city from the Providence Water Supply Board, the state or any other authorized agency shall be added to the city billing for water charges to its customers in the first billing period following the imposition of any such additional charges.
(c) When the quantity of water is measured by a meter, a quarterly advance charge of $26.00 shall be made for each domestic service which shall entitle the consumer to use up to 1,111 cubic feet in the next three months.
(Requested by James McDonald, Director of Finance)
Discussion is held on the proposed ordinance.
On the recommendation of Mayor Larisa, the Council agrees to amend the ordinance as follows:
1. (a) Change the rate to $1.90 instead of $2.34
2. (b) Leave this section intact
3. (c) Change the $26.00 quarterly advance charge to $21.11
On motion of Mr. Midgley, seconded by Mr. Rogers, and on a roll call vote, it is unanimously voted to approve for First Passage as amended.
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. Sec 18-269 entitled "Stop and yield intersections designated; when stops required, adding: FERNCREST DRIVE northbound and southbound traffic), at GLENROSE DRIVE.
(Requested by the Director of Public Works)
On motion of Mr. Miranda, seconded by Mr. Midgley, it is unanimously voted to approve for First Passage.
(By Councilman Norman J. Miranda)
Traffic Control - Everett Santagata 52 Humphrey St. 02914
On motion of Mr. Miranda, seconded by Mr. Midgley, it is unanimously voted to approve.
Youth Advisory Committee - Chuck and Kathleen Mahaleris 174 Mercer St. 02914
On motion of Mr. Midgley, seconded by Mr. Miranda, it is unanimously voted to approve.
On motion of Mr. Midgley, seconded by Mr. Miranda, and on a roll call vote, it is unanimously voted 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)(2)[Collective Bargaining, to discuss negotiations.
The open meeting recesses at 10:40 p.m. and goes into Executive Session.
The Open Meeting resumes at 11:05 p.m. with all Council members present.
There being no further business, the meeting adjourns at 11:06 p.m.
Attest:
Valerie A. Perry, CMC
City Clerk