CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
The City Council meets in the Council Chamber on Tuesday September 19, 2000 and is called to order at 7:40 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 Miranda. The Salute to the Flag is led by Councilman Rogers.
1. Approval of Council Journals
Regular Meeting - September 5, 2000
2. Alcoholic Beverage - Class F - October 7, 2000 - Octoberfest
Applicant: East Providence Recreation Department
Location: Senior Center 610 Waterman Ave.
3. Cancellations/Abatements - City Assessor requesting cancellation of taxes as follows:
Year Amount
2000 $ 8,550.36
1999 $ 4,620.91
1998 $ 142.18
Total $ 13,313.45
4. Alcoholic Beverage License - Class B Ltd - (Permission to Advertise)
Kathleen A. Rodrigues, DBA The New Primo's Restaurant - 158 Roger Williams Avenue
Cancer Awareness Week - Proclamation is presented to Catherine Muth of Riverside.
Selective Service Awareness Week - Leroy Williams, State Director, and Francis A. Holland, Jr., Deputy State Director, accept the proclamation.
Constitution Week
Citations presented to the members of Rumford Little League Minor Girls All Stars, Rumford Little League Major Girls All Stars, and Riverside Little League Minor Boys All Stars for winning the District 2 Championships.
The meeting recesses at 8:00 p.m. and reconvenes at 8:07 p.m.
City Budget for the Year 2000-2001
Mr. Lemont gives a presentation on the proposed budget, which calls for a 4.9% increase.
Following Mr. Lemont's presentation, Superintendent of Schools, Taras Herbowy, presents the School Department Budget, which calls for a $3.6 million increase.
Mayor Larisa asks the Superintendent for a list of projects which have been completed and which ones have to be done.
Mr. Miranda mentions the tour taken by some of the Council to view the area schools. He says there is a desperate need of work to be done in many of the schools, and the problem has to be addressed.
The meeting is opened to public comment on the School Department Budget.
Tony Gouveia, Riverside, is present and sworn. He urges the Council to leave the budget intact.
Mary Ann Matthews, 51 Outlook Avenue, East Providence, Rhode Island is present and sworn. She urges the Council not to accept the budget as presented.
John F. Conley, 115 Smith Street, East Providence, Rhode Island is present and sworn. He urges the Council to continue its work on the infrastructure of the City and to keep the School Department budget intact.
Joseph Botelho, 82 Plymouth Road, East Providence, Rhode Island commends the School Department for the job they are doing.
The meeting is opened to public comment on the City Budget.
William Merandi, 15 Cheddell Avenue, East Providence, speaks about the senior citizens living on fixed income and the need for the City to find ways to increase revenue, such as the development of the waterfront.
The meeting recesses at 10:20 p.m. and reconvenes at 10:29 p.m.
Following the recess, a motion if made by Mr. Grant and seconded by Mr. Midgley, and voted unanimously to continue the budget hearing to the next Council meeting, scheduled for October 3, 2000.
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously voted to defer all budget ordinances to the next Council meeting.
(Given first passage Advertised - Providence Journal - September 8, 2000
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. 18-247 entitled "Designation of one-way streets." by deleting:
HARRIET STREET (northbound) from Franklin Street to Willett Avenue
Requested by the Director of Public Works CHAPTER NO. 138
There is no one 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 the ordinance for Final Passage.
Requesting approval to extend the contract for Dental Services to Blue Cross for the period 11/1/2000 through 10/31/2001.
Mr. Lemont recuses himself from the discussion because of his prior affiliation with Delta Dental and Blue Cross, and Mr. McDonald makes the presentation.
Motion to approve the contract extension to Blue Cross for Dental Services is made by Mr. Midgley, seconded by Mr. Rogers. Roll call vote:
Mr. Grant Nay
Mr. Midgley Aye
Mr. Miranda Aye
Mr. Rogers Aye
Mayor Larisa Aye
Motion passes 4-1.
City Manager's Report
Mr. Lemont reports on a list compiled by a City Intern on every piece of property owned by the City. He says he will be coming to the Council shortly with recommendations.
Mr. Lemont requests an Executive Session to discuss negotiations with firefighters.
Mr. Rogers asks Mr. Lemont if he had success on contacting the owner of the vehicles stored on the property that will house the future Rumford fire station. Mr. Lemont responds that he will personally have them removed if they are still there.
By William J. Conley, Jr., City Solicitor)
Claims Committee Report
Isidro & Dinora Bairos Claim No. 00-31 Referred to Insurance Carrier
William Stringfellow Claim No. 00-37 Referred to Insurance Carrier
AMICA (William Stringfellow) Claim No. 00-38Referred to Insurance Carrier
Debra Cavaco Claim No. 00-39 - 00-40 Referred to Insurance Carrier
John Hurdelsh Claim No. 00-35 Referred to Insurance Carrier
Christine Brown Claim No. 00-41 Referred to Insurance Carrier
Jervon Brown Claim No. 00-42 Referred to Insurance Carrier
On motion of Mr. Miranda, seconded by Mr. Rogers, it is unanimously voted to accept the report as read.
(By Valerie A. Perry, City Clerk)
Requesting permission to advertise renewal of Alcoholic Beverage Licenses - Public Hearing to be held on October 23, 2000
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously voted to approve.
A request is made that the Police Chief identify any establishments with alcoholic beverage licenses that have been problematic.
(By Mayor Joseph S. Larisa, Jr.)
Great News at Crescent Beach Park
Mayor Larisa reports that there is a 90% chance of the City getting a $600,000 Federal Grant for the Crescent Beach project. Senator Chaffee put in for the grant, which has passed the Committee in the Senate, and Mayor Larisa says he is hopeful the President will sign it. Mr. Rogers asks if it will be appropriate for the Council to write letters to the Congressional delegation to ask for their support. The City Clerk will call Senator Chaffee's office to inquire if it will be beneficial..
(By Councilman Rolland R. Grant)
Updating the City's Zoning Ordinances
Mr. Grant speaks about the City's Zoning ordinances and says that several of them need to be updated.
(If given first passage, can be referred to the next regular Council meeting to be held on October 3, 2000 for a public hearing and consideration of final passage)
The following ordinance establishes the requirement for honorable service for benefits under the Policemen's and Firemen's Pension Fund.
4. 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) 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 officer 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, 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.
(Requested by Councilman Rolland R. Grant and Councilman Peter F. Midgley)
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously voted to dispense with the reading of the ordinance.
Discussion is held on the ordinance. Mr. Conley explains that the ordinance is designed to revoke the pensions of those covered by the pension fund who are convicted of a crime.
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously voted to approve for First Passage.
(By Councilman Rolland R. Grant)
Carousel Park Commission
(R) Michael Reynolds 41 Barnsdale Road 02915
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously voted to approve.
Addendum
AN ORDINANCE IN AMENDMENT OF CHAPTER 17 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, AS AMENDED, ENTITLED "UTILITIES,", which amends SECTION I. Sec 17-36 entitled "Water Rates.", of Article II, entitled "Water."
On motion of Mr. seconded by Mr. it is unanimously voted to defer to the next meeting.
"Utility Easement" from the Planning Board
On motion of Mr. Miranda, seconded by Mr. Grant, it is unanimously voted to approve.
On motion of Mr. Miranda, seconded by Mr. Grant, 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 with Firefighters.
The meeting recesses into Executive Session at 11:00 p.m.
The meeting resumes in Open Session at 11:30 p.m. and is adjourned at 11:30 p.m.
Attest:
Valerie A. Perry, CMC
City Clerk Approved: October 3, 2000