CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
OCTOBER 2, 2001
The City Council meets in the Council Chamber on Tuesday, October 2, 2001 and is called to order at 7:40 p.m. by Mayor Joseph S. Larisa, Jr.
Present: Mayor Joseph S. Larisa, Jr. )
Rolland R. Grant ) Council Members
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 Mr. Miranda. The Salute to the Flag is led by Mr. Midgley.
Lori Merolla, Merandi Reporting, is present to record the proceedings of the public hearings.
1. Approval of Council Journals
Regular Meeting - September 17, 2001
2. Alcoholic Beverage - Class F - October 13, 2001 - 610 Waterman Avenue
Oktoberfest - East Providence Recreation Department
3. Cancellations/Abatements - City Assessor requesting cancellation of taxes as follows:
Year Amount
2001 $5,617.20
On motion of Mr. Grant, seconded by Mr. Miranda, and on a roll call vote, it is unanimously voted to approve the Consent Calendar.
Secondhand Dealers - Transfer
From Tom Ricci's Viking - Nissan To: Barbers Auto Sales & Body Works Inc.
Dba Tom Ricci's Viking Motors - 845 Taunton Avenue
Stephen Silva, 215 Berkley Dr., Bristol, Rhode Island is present and sworn.
On motion of Mr. Miranda, seconded by Mr. Rogers, it is unanimously voted to approve, subject to Building Inspector Approval
Secondhand Dealers - Transfer
From Tom Ricci's Rental Cars USA To: Barbers Auto Sales & Body Works Inc.
Dba Tom Ricci's Viking Motors - 854 Taunton Avenue
On motion of Mr. Miranda, seconded by Mr. Rogers, it is unanimously voted to approve, subject to Building Inspector Approval
Victualing - Not Over 25
Savers Mart Inc., dba Savers Mart - 190 Newport Avenue
Mohammed Jamaledin, 3 Burr Avenue, Barrington, Rhode Island is present and sworn.
On motion of Mr. Midgley, seconded by Mr. Grant, it is unanimously voted to approve, subject to approvals from Police Chief, Building Inspector, and Health Department.
Sunday/Holiday Sales
Savers Mart Inc., dba Savers Mart - 190 Newport Avenue
On motion of Mr. Midgley, seconded by Mr. Grant, it is unanimously voted to approve, subject to approvals from Police Chief, Building Inspector, and Health Department.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
2001-2002 City Budget
Finance Director James McDonald gives a slide presentation on the proposed budget increases and explains the reasons for the fees. Mayor Larisa asks the Finance Director to provide another Chart for the Council next week on equalized tax rates, which will show where the City will fall in comparison to the other cities and towns if the increases are enacted.
Following the presentation, the Superintendent of Schools, Dr. Taras Herbowy, responds to the Council, and states that the School Department will have to look at cutting bus service to private and parochial high school students. He states that several special needs students require additional staff and funding.
The Council enters into a discussion regarding their concerns with the proposed budget and sewer use fee increases. Some Council members suggest having the City Council give final approval on all contracts. Mr. Grant makes the suggestion that private and parochial school students receive RIPTA bus passes, which would save approximately $165,000 per year.
Dr. Taras Herbowy, Superintendent of Schools, responds to remarks made by the Council.
The meeting is opened to public comment.
The following are present and speak on the budget.
Robert Rodericks, School Administrator and Parent of recent East Providence high school graduates, addresses the Council. He speaks in favor of the school department budget, saying that $106 in an annual tax increase is not a bad increase for the services that are offered in the City. He urges the Council to keep the proposed budget intact.
Maryann Matthews speaks against the proposed budget increase.
Dr. Hilton, Finance Director of the School Department, responds to remarks made by Ms. Matthews regarding the School Department audit.
John F. Conley, 115 Smith Street, Riverside, Rhode Island questions Dr. Herbowy on the number of new students who are Special Needs students. Dr. Herbowy responds that 270 of the 750 new students are special needs students. He also speaks about the suggested cuts to the bus transportation for private and parochial school students, and urges the Council not to cut the school budget.
Dr. Isadore Ramos, School Committee member, addresses the Council in support of the School Department budget.
John Vincent, Chairman, Ward 4 Democratic City Committee, addresses the Council and speaks in support of the RIPTA bus passes.
Helio Melo, Chairman, East Providence School Committee, addresses the Council about the needs of the School Department and asks the Council to reconsider cutting the budget.
Mr. Rogers speaks about the proposed tax increase and the challenge of the City Council to try to take care of the needs of the City while avoiding a tax increase. He says the viewpoint that it is impossible to cut spending is unacceptable. He and Mayor Larisa suggest the Council should approve all school contracts over a certain amount.
Dr. Herbowy is asked to provide the Council for the next meeting the number of students of the 1,000 who left the system last year who have special needs. Mr. Rogers says it would be helpful if the School Department would show what a $50,000 cut would be and what a $100,000 cut would be, etc. .
Edna Snow, School Committee member, speaks about the special needs mandates.
The meeting recesses at 10:00 p.m. and reconvenes at 10:10 p.m.
Mr. McDonald answers questions from the Council regarding how a $200,000 reduction in the proposed budget would affect the tax rate. He also answers questions about the increase in the sewer use fee.
Mr. McDonald is asked to provide the Council with the charts that he used in his presentation earlier in the evening. He is also asked to chart out the average person increase at 92 cents, the auto tax cut, and the sewer use fee. On the sewer use fee, he is asked to provide figures that show 1) the Budget proposed sewer use fee, 2) if the fixed fee portion of the sewer use fee went to $30.
After further discussion, Mr. Lemont discusses the fines that the Narragansett Bay Commission has levied against the City and the necessity of spending money to fix the problems.
Mayor Larisa says he is proposing an equal cut from both the City and School budgets of $300,000 each. Mr. Lemont responds by saying that putting off the repairs to the Wastewater Plant will cause some serious problems down the road.
Mr. Rogers makes a motion to have an up or down vote on the sewer use fee increase. Mr. Grant seconds the motion. It is decided that the motion is out of order.
On motion of Mr. Grant, seconded by Mr. Rogers, it is unanimously voted to change the order of business to move item #3 under Introduction of Ordinances to the next item.
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 Subsection (c) of Sec. 17-183 entitled "Charges to be based upon water consumption; rate" to read as follows:
(c) The water consumption portion of the sewer charge shall be at a rate of $2.30 per hundred cubic feet of water used based upon the actual quarterly or monthly meter reading of water consumption less an annual exemption of 3500 cubic feet. Such exemption shall be prorated quarterly or monthly for users of city water who are billed on a quarterly or monthly basis.
Motion to deny is made by Mr. Rogers and seconded by Mr. Grant.
Mr. Midgley speaks. He speaks about the need to fix the problem and says it should not be ignored. He says that if the rate is raised, it will only affect the people that use a large amount of water, that it won't affect those that don't. He says to ignore the problem is reckless, that the fines the City will be subjected to will be enormous.
Mayor Larisa suggests 3 options. 1) Fixed Rate Increase. 2) Cut City side and School Department side by $300,000 each. 3) Increase the tax rate to 4.4% instead of the 4.9% and cut the School and City $200,000 each. There is also the option of approving the 4.9% increase and the sewer use increase, which Mayor Larisa says he will not support.
A roll call vote is taken on the motion to deny the ordinance. Motion to deny passes unanimously.
The meeting returns to the regular order of business.
Requesting City Council approval to award contract for Dental Services for the period 11/1/01 through 10/31/02 for City employees
On motion of Grant, seconded by Mr. Miranda, and on a roll call vote, it is unanimously voted to approve.
The next two items are deferred to the end of the meeting.
(By William J. Conley, Jr., City Solicitor)
Claims and Litigation Committee Report - September 17, 2001
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously voted to approve.
(If given first passage, can be referred to the next regular Council meeting to be held on October 16, 2001 for a public hearing and consideration of final passage)
AN ORDINANCE IN AMENDMENT OF CHAPTER 8 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "LICENSES AND BUSINESS REGULATIONS"., which is amended by adding the following:
ARTICLE XXI Tents.
Sec. 8-575 Tents for which license required - Application and issuance.
No tent exceeding one hundred twenty square feet (120 sq. ft.) in area shall be erected, maintained, operated, or used in the City of East Providence until a license from the City Council of the City of East Providence is obtained. The license shall not be issued for a period exceeding thirty (30) days and shall be revocable for cause.
No license shall be issued until the provisions of the section have been complied with and approval has been obtained from the Police Department and Fire Department and a permit has been issued from the Building Official in accordance with the Rhode Island Building code. The cost for this license shall be $10.00.
The City Council of the City of East Providence sitting as the Licensing Commission may approve said license on its Consent Calendar.
(Requested by: Law Department)
On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously voted to dispense with the reading of the ordinance.
Mr. Conley explains that this ordinance has come back for First Passage in its original form. He states that it is required by State law that tent licenses be granted by the Council.
On motion of Mr. Miranda, seconded by Mr. Rogers, it is unanimously voted to approve for First Passage.
Advertised - Providence Journal - September 25, 2001)
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. 18-247 entitled "Designation of one-way streets." by adding thereto the following:
Providence Avenue (south bound) from Beacon Park Drive to Sunset Avenue during the hours of 8:00 AM to 9:00 AM and 2:00 PM to 3:00 PM, school days
(Requested by Director of Public Works) CHAPTER NO. 178
There is no one from the public wishing to be heard.
On motion of Mr. Grant, seconded by Mr. Rogers, and on a roll call vote, it is unanimously voted to approve for Final 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 18-307 entitled "Parking prohibited at all times.", by adding thereto the following:
FIFTH STREET (both sides) from Veterans Memorial Parkway to a point 250 feet north, from 8:00 AM to 4:00 PM, except Saturdays, Sundays, and Holidays
(Requested by the Director of Public Works) CHAPTER NO. 179
There is no one from the public wishing to be heard.
On motion of Mr. Grant, seconded by Mr. Rogers, and on a roll call vote, it is unanimously voted to approve for Final 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 Sec. 18-269 entitled "Stop and yield intersections designated; when stops required." by adding thereto the following:
IRVING AVENUE (northbound and southbound traffic), at Woodward Avenue.
(Requested by Director of Public Works) CHAPTER NO. 180
There is no one from the public wishing to be heard.
On motion of Mr. Grant, seconded by Mr. Rogers, and on a roll call vote, it is unanimously voted to approve for Final Passage.
City Manager's Report
None
(By William J. Conley, Jr., City Solicitor)
Claims and Litigation Committee Report
(Fonseca, Robert) Claim No. 01-82 Referred to Insurance Carrier
On motion of Mr. Midgley, seconded by Mr. Grant, and on a roll call vote, it is unanimously voted to accept as read.
(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, 2001 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. Miranda, seconded by Mr. Rogers and Mr. Grant, and on a roll call vote, it is unanimously voted to approve.
(Councilman Patrick A. Rogers)
1. Hunts Mill; Master Plan.
2. Welcome to East Providence signs/planters.
(By Councilman Norman J. Miranda)
Wall at Six Corners - overgrown weeds
(By Councilman Rolland R. Grant)
Surveillance cameras on buildings
New Sidewalks - Obstruction for handicapped persons
All Council items are deferred.
(If given first passage, can be referred to the next regular Council meeting to be held on October 16, 2001 for a public hearing and consideration of final passage)
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:
NORTH COUNTY STREET (northbound and southbound traffic) at Leonard Avenue.
(Requested by Director of Public Works)
On motion of Mr. Rogers, seconded by Mr. Miranda, it is unanimously voted to approve for First Passage.
(By Councilman Rolland R. Grant)
(R) Juvenile Hearing Board
George E. Furtado, Esq. 61 Ravena Avenue (02915)
(By Councilman Norman J. Miranda)
Traffic Control
Cheryl Rodrigues 60 Orchard St. (02914)
Harbor Management Commission
(R) Lee H. Hastings III 157 Schuyler Street (02914
(R) John Santos 16 Appian Way (02914)
(By Councilman Peter F. Midgley)
Harbor Management Commission
(R) Antonio Cotta 47 Beach Point Drive (02915)
(R) Capt. E. Howard McVay, Jr. 273 Terrace Ave. (02915)
On motion of Mr. Grant, seconded by Mr. Miranda, and on a roll call vote, it is unanimously voted to approve all appointments.
Motion is made by Mr. Miranda and seconded by Mr. Grant 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, and Section 42-46-5-5 [Acquisition or lease of real property]. The motion passes unanimously on a roll call vote.
The meeting recesses and goes into Executive Session at 11:20 p.m.
The open meeting reconvenes at 11:25 p.m. On motion of Mr. Midgley, seconded by Mr. Miranda, it is voted to return to Open Session.
Mr. Conley reports the following:
The Council voted in Executive Session to approve the sale of land on Warren Avenue to the Marshall Company for $180,000, and to authorize the City Manager to enter into a Purchase & Sales Agreement regarding same. Roll call vote taken on the motion:
Mr. Grant Aye
Mr. Midgley Aye
Mr. Miranda Nay
Mr. Rogers Aye
Mayor Larisa Aye
Motion passes 4-1.
The Council voted to approve the settlement with both Steelworkers union for a 3% increase in year 1, a 4% increase in year 2, and a wage reopener in year 3. Roll call vote on the motion:
Mr. Grant Aye
Mr. Midgley Aye
Mr. Miranda Aye
Mr. Rogers Aye
Mayor Larisa Nay
Motion passes 4-1.
The Council voted to approve the settlement with the International Brotherhood of Police Officers for a wage increase in year 1 of 3% and a 1% reduction in their contribution to their pension and an additional $1500 wage increase for the rank of Captain. Roll call vote on the motion:
Mr. Grant Aye
Mr. Midgley Aye
Mr. Miranda Aye
Mr. Rogers Aye
Mayor Larisa Nay
Motion passes 4-1.
There being no further business, the meeting adjourns at 11:25 p.m.
Attest:
Valerie A. Perry, CMC
City Clerk Approved: October 16, 2001