CONSENT CALENDAR

Letter of Resignation - Dated November 12, 2002 - Personnel Hearing Board

Donna DelleFemine

On motion of Councilman Miranda, seconded by Councilman Midgley, and on a roll call vote, it is unanimously voted to approve.

PROCLAMATIONS, PRESENTATIONS, INTRODUCTIONS

Council Presentation                          

Councilmen Grant, Miranda, and Rogers make a presentation to Mayor Larisa and Councilman Midgley, for their years of service to the City.  They will each receive a Chair, with the City Seal and their name inscribed. 

CITY COUNCIL SITTING AS LICENSING COMMISSIONERS

LICENSES NOT REQUIRING PUBLIC HEARING

PEDDLER/HAWKER (Deferred from November 14, 2002)

Gina M. Cruz, dba - A&S Novelty  - 912 Branch Avenue, Providence, R.I.

Subject to approval of Police Chief

Gina Cruz, 23 Francis Avenue, Mansfield, Massachusetts, and Susan Fildago, 52 Burgess Avenue, East Providence, Rhode Island, are present and sworn. 

Mr. Conley updates the Council on the status of the license.  He states that a license has already been issued to A&S Novelty for the location of the Dunkin Donuts parking lot at the corner of Warren and Pawtucket Avenues.  Items that are being sold do not comply with the license.

Councilman Grant speaks against the license, stating that the traffic is a problem, and that it hurts local businesses that sell the same product.   Councilman Miranda also voices his objections to the location.

Mayor Larisa states that the Council are very concerned about the area.  Ms. Fidalgo asks permission to sell until Christmas to allow her to sell her inventory.  After discussion, a motion is made by Councilman Grant, seconded by Councilman Midgley, to allow the applicant to sell flowers and the remaining inventory of bags in either the Ames parking lot or the Gulf station parking lot.  Councilman Rogers asks for an amendment to allow her to sell until New Years. The motion is amended.

Roll call vote is taken on the motion:

Motion passes 5-0.

On motion of Councilman Midgley, seconded by Councilman Rogers, it is unanimously voted to change the order of business to move the agenda item under ACommunications@ to be heard next.  

COMMUNICATIONS

Dawn Marhshall, Summit Street, requesting to address the Council regarding No Parking Signs on Cross/Summit Streets

Mayor Larisa proposes that the issue be deferred until the new Council is sworn in.

On motion of Councilman Rogers, seconded by Councilman Grant, it is unanimously voted to defer to December 17.

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

Sunday/Holiday Sales

Debra Conley, dba Aztec Rays- 1160 Pawtucket Avenue

Debra Conley, 76 Pershing Avenue, Seekonk, Massachusetts is present and sworn.

On motion of Councilman Rogers, seconded by Councilman Grant, it is unanimously voted to approve, subject to approvals of Police Chief and Building Inspector.

Laundry - Transfer

From Alves Coin Operated Laundry Inc., dba Coin Operated Laundry

To Seekonk Launder Center, Inc. - 1175 Warren Avenue

Walter Quinn, Lincoln, Rhode Island is present and sworn.

On motion of Councilman seconded by Councilman it is unanimously voted to approve, subject to subject to approvals of Police Chief and Building Inspector.

PUBLIC HEARINGS

ZONING MAP AMENDMENT

Advertised - Providence Journal - October 31, November 7, 12, 2002

Notices Sent by Certified Mail - November 4, 2002

REZONING - Converting a mixed C-3 and R-6 area to total comprehensive Block of C-3 zoning including restaurant, residences, businesses and parking.

PETITIONERS -         Albertino and Zita M. Milho and Henry Rose

Attorney           -           William C. Maaia, Esq.

Lot                   -           Map 206, Block 25, Parcels 2,3,4

Location           -           53 Oakley Street

272-302 Warren Avenue

*Memo from Peter Poland, Chairman, Planning Board, dated November 14, 2002 informing the Council that the Planning Board voted to continue the above referenced action without hearing until December 10, 2002.

The following ordinance changes parcels 2, 3, and 4, located on the westerly side of Oakley Street and the southerly side of South Sharon Street, from Residential -6 to Commercial -3.

AN ORDINANCE TO AMEND CHAPTER 19 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE BY CHANGING THE PROVISIONS OF A PREVIOUSLY GRANTED APPROVAL BY THE CITY COUNCIL ON FEBRUARY 19, 2002 TO REZONE MAP 206, BLOCK 25, PARCELS 2,3 & 4, LOCATED ON THE WESTERLY SIDE OF OAKLEY STREET AND THE SOUTHERLY SIDE OF SOUTH SHARON STREET, FROM RESIDENTIAL-6 TO COMMERCIAL-3.  SAID CHANGE WOULD PERMIT A NON-CONFORMING RESIDENTIAL USE ON PARCEL 5.

On motion of Councilman Miranda, seconded by Councilman Grant, it is unanimously voted to continue the matter to December 17, 2002.

NEW BUSINESS

CITY MANAGER

Request for City Council approval to award contract for Rose Larisa Park

Mr. Lemont reports that the bids have come in more than the budgeted amount, and they will have to be submitted with changes to the design. 

Wilfrid Gates, the Landscape Architect in charge of the design of the park, addresses the Council and explains why the bids went over budget.

Following discussion, Mayor Larisa proposes deferring the matter and that the City Clerk schedule a meeting with the Design Review Committee for the first week in December.  Mayor Larisa says he is hoping to get the park opened by Labor Day next year.

Mayor Larisa recommends that the future Council open up the pre-qualification list to any other bidder who wishes to bid. 

Motion is made by Councilman Miranda, seconded by Councilman Rogers, to reject all bids and refer the matter back to the Design Review Committee and the Planning Department, putting it back to bid, with all bids coming back for approval by the City Council.

Without objection from the Council, John Conley, Carousel Park Commission Chair, addresses the Council about the Concession stand, and asks Mr. Gates if there is any possibility it could be open for the Carousel season.  Mr. Gates says that he doubts it.

Mr. Miranda states that he doesn=t want to cut corners.  He says if the job is going to be done, it should be done right the first time.

Roll call vote is taken on the motion, which passes unanimously

Review of Qualification Statements for Providing of Reappraisal and Revaluation of Taxable Real Estate Services

On motion of Councilman Grant, seconded by Councilman Rogers, and on a roll call vote, it is unanimously voted to approve Cole-Layer-Trumble Company and Vision Appraisal Technology for pre-qualification.

Sale of City Property to Self-Help

Mr. Lemont recommends turning the Recreation Department building over to Self-Help for $1.00, with the City retaining usage of the building for the Rec Center and Library until such time as the City vacates it.  One change on the Real Estate Sales agreement is that the City of East Providence shall pay the utilities for the portion of the premises occupied by agencies of the City.  Also, a request by Councilman Rogers at the last Council meeting to make space available to the Welfare Department will be done.  In the event Self-Help decides to rid themselves of the building, it will revert back to the City for that $1.00.

On motion of Councilman Miranda, seconded by Councilman Rogers, it is unanimously voted to approve.

REPORTS OF OTHER CITY OFFICIALS

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

Claims and Litigation Committee Report

Marc Handy - Claim No. 02-50                                                           Approved

Peter DiTullio - Claim No. 02-53                                                          Denied

Alexander Brito - Claim No. 02-54                                                      Approved

Nationwide Mutual Ins. Co. - Claim No. 02-55                                    Refer to R.I.D.O.T.

Jason Bodell - Claim No. 02-56                                                           Approved

Allen Stilkey - Claim No. 02-57                                                           Refer to R.I.D.O.T.

Arbella Mutual Ins. Co. - Claim No. 02-59                                           Refer to Insurance Carrier

Sean Bernier - Claim No. 02-51                                                           Refer to Insurance Carrier

Bridghamshire/Hadsell/Lamp Pole                                                         Defer

City v. RI State Labor Relations Board (Municipal Court Clerks)          Withdraw

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

COUNCIL MEMBERS

(By Mayor Joseph S. Larisa, Jr.)

Bond Issues and City Indebtedness

Mayor Larisa offers advice to the new City Council and says increased bonding for the schools will change the quality of life for all East Providence citizens, and it will be for the worst.  Seniors will not be able to stay in their homes, and fixed income people will not be able to afford to live.  He warns against bonding too much, which will result in tax increases and a decrease in services. 

Future of the Waterfront

Mayor Larisa speaks about the proposed development by GeoNova and says that developments such as this one will bring in more tax dollars and will allow the City to fund the projects such as school repairs without tax increases.  He urges the new Council to make the waterfront development he top priority for the City of East Providence.

Addendum

Council Business

(By Mayor Joseph S. Larisa, Jr. and Councilman Norman J. Miranda)               

Authorization to proceed with hearings on Grassy Plains Soccer planning

Mayor Larisa states that a new soccer Task Force was formed and meetings have been held regarding the soccer fields in East Providence.  He says that it appears that the best chance for new soccer fields would be at Grassy Plains Playground in Riverside.  Mayor Larisa states that what he and Councilman Miranda are recommending tonight is that a presentation be made to the neighborhood with respect to the potential plan of soccer fields at that site. 

On motion of Councilman Midgley, seconded by Councilman Grant, it is unanimously voted to authorize the process to move forward and for the Planning Department to hold public hearings for the proposals for one or more soccer fields at the Grassy Plains playground.

RESOLUTIONS

RESOLUTION AUTHORIZING THE FINANCE DIRECTOR TO BORROW IN ANTICIPATION OF OTHER REVENUES

WHEREAS, the City Council has determined that it is necessary for the city to borrow money in anticipation of other revenues in accordance with Sec. 4-22 of the Charter of the City of East Providence;

NOW, THEREFORE, BE IT RESOLVED, that the Director of Finance is authorized to borrow during the fiscal year ending October 31, 2003 such sums of money in anticipation of the sewer use fee revenue of the year as may be permitted by law for the purpose of meeting the current liabilities and expenses of the city and that the Director of Finance is authorized to issue the note or notes of the city therefore and to refund such note or notes and any revenue anticipation notes of a prior year to the extent permitted by law.

(Requested by the Finance Director)

Mr. McDonald addresses the Council.  He states that over the past couple of years, the Wastewater Fund has run a deficit and has borrowed funds from the General Fund.  He says that has reached a maximum point, and he is suggesting borrowing money from the outside, which will be used to pay back the general fund and operate the wastewater fund with its own loan. 

Mayor Larisa says the three members that wanted a sizeable increase will have their increase.  However, what he would have done was to improve the increase after the first quarter or second quarter which would have resulted in $650,000 or $750,000 of new revenue, which he says is more than enough.

Mr. McDonald says that the notes will be outstanding for less than a year, until the Wastewater Fund gets solvent.  He also says it will be more prudent to do it this way, rather than have the Wastewater fund go out and borrow money.

Councilman Midgley speaks on the issue.  He says the fund owes $1,200,000 and if we didn=t have it before we don=t have it now.  He says he hopes the new Council addresses the problem.

Mr. McDonald says the fund owes $1.6 million and the plan is to borrow $2 million, to pay back the general fund, the water fund, and to finance the deficit in the current year=s budget. 

After further discussion, Councilman Rogers suggests deferring the matter until the new Council is seated.  Mr. McDonald says that the general fund needs money back now.  Councilman Midgley speaks in favor of taking care of the sewer plant.  Councilman Grant says it is tying the new Council into a loan - he says he thinks it should be taken care at the second meeting of the new Council.  Mayor Larisa states that if the Council procrastinates, the rates may go higher. 

Councilman Miranda agrees with Councilman Rogers. 

Motion to reject the proposed borrowing is made by Councilman Rogers, seconded by Councilman Miranda.  Roll call vote follows:

Motion passes 3-2.

APPOINTMENTS

(By Mayor Joseph S. Larisa, Jr.)

Historic Properties Designation and Study Commission                                                    

(R)       Robert Cusack             150 Greenwood Avenue (02916)

On motion of Councilman Rogers, seconded by Councilman Miranda, it is unanimously voted to approve.

(1)               Nancy R. Stevens                     37 Beaumont Street (02916)

On motion of Councilman Rogers, seconded by Councilman Miranda, it is unanimously voted to approve.

Economic Development Commission (to replace Peter Barilla)

Bruce Chick                             235 Pleasant Street (02916)

On motion of Councilman Midgley, seconded by Councilman Miranda, it is unanimously voted to approve.

(By Councilman Peter F. Midgley)

Personnel Hearing Board (to replace Geraldine Crooks)

William Castro              88 Byron Street (02916)

On motion of Councilman Midgley, seconded by Councilmen Rogers and Grant, it is unanimously voted to approve.

The City Clerk will send a letter to Mrs. Crooks.

RLMP Committee (Chair)

Joseph S. Larisa, Jr.                 44 Don Avenue (02916)

On motion of Councilman Midgley, seconded by Councilman Rogers, it is unanimously voted to approve.

Unanimous Consent - Councilman Midgley

Councilman Midgley thanks several people for the opportunity to serve the City for six years as City Councilman.

Point of Personal Privilege - Mayor Joseph S. Larisa,  Jr.

Mayor Larisa reflects on his ten years as a Council member, including the last four years as Mayor.  He reflects on the accomplishments of the Council and thanks the City professionals for all their work.  He also thanks all those who supported him and who gave him the opportunity to serve, and he asks everyone to support his successor and the entire Council.  He closes by saying AFarewell for now.@

There being no further business, the meeting adjourns at 9:50 p.m.

Attest:

Valerie A. Perry, CMC

City Clerk                                            Approved:  December 17, 2002