Shawn A. Houlihan, 30 Regent Drive, No. Kingstown, RI 02862 is present and sworn.
The applicant answers questions from the Council. He assures Councilman Miranda that the area around the premises will be cleaned of debris.
There is no one from the public wishing to be heard.
On motion of Councilman Grant, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to approve, subject to approvals from Police Chief, Building Inspector and Health Inspector.
LICENSES NOT REQUIRING PUBLIC HEARING
VICTUALING/OVER 50
T. H. F., Inc. - 28 Water Street - DBA - Houlihan’s Tavern On The River
On motion of Councilman Grant, seconded by Councilman Miranda, it is unanimously voted to approve, subject to approvals from Police Chief, Building Inspector and Health Inspector.
DANCE/ENTERTAINMENT
T. H. F., Inc. - 28 Water Street - DBA - Houlihan’s Tavern On The River
Mr. Midgley questions if there will be any restrictions on the license. Mr. Houlihan says he may have a single guitar player or something similar to that.
On motion of Councilman Miranda, seconded by Councilman Rogers, it is unanimously voted to approve, subject to approvals from Police Chief and Building Inspector.
VICTUALING/NOT OVER 25
Mandala Mistica Restaurant, dba Mandala Mistica Restaurant - 158 Roger Williams Avenue
Concetta Goncalves, 29 Miller Avenue, East Providence, Rhode Island is present and sworn.
On motion of Councilman Rogers seconded by Councilman Midgley, it is unanimously voted to approve, subject to approvals from Police Chief, Building Inspector, and Health Inspector.
PEDDLER/HAWKER
Gina M. Cruz, dba - A&S Novelty - 912 Branch Avenue, Providence, R.I.
Gina M. Cruz, 23 Francis Avenue, Mansfield, Massachusetts is present and sworn.
Ms. Cruz answers questions from the Council. She states that she will be selling flowers around the holidays. At present, she works for another Peddler selling pocketbooks at Dunkin Donuts on the corner of Pawtucket Avenue and Warren Avenue.
After discussion, it is decided to defer this license until it can be determined what is being sold at that location.
On motion of Councilman Rogers, seconded by Councilman Miranda, it is unanimously voted to defer to the next Council meeting.
SUNDAY/HOLIDAY SALES
Dollar Tree Stores, Inc., dba - Dollar Tree #2358 1925 Pawtucket Avenue
Judith Dixon, 939 ½ Smith Street, North Providence, Rhode Island is present and sworn.
On motion of Councilman Miranda, seconded by Councilman Rogers, it is unanimously voted to approve, subject to approval from Police Chief, and Building Inspector.
SUNDAY/HOLIDAY SALES
Dollar Tree Stores, Inc., dba - Dollar Tree #2370- 110 Narragansett Park Drive
On motion of Councilman Miranda, seconded by Councilman Rogers, it is unanimously voted to approve, subject to approval from Police Chief, and Building Inspector.
GATHERER
Armand E. Guertin, 76A Washington Avenue, Riverside, Rhode Island is present and sworn.
The applicant is present and sworn.
On motion of Councilman Rogers, seconded by Councilman 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 Councilman Rogers, seconded by Councilman Miranda, it is unanimously voted to change the order of business to hear Councilman Rogers’ docket item “Phillipsdale Initiative” next.
COUNCIL MEMBERS
(By Councilman Patrick A. Rogers)
Phillipsdale Initiative
Mr. Rogers speaks on the matter and says a Resolution has been drafted to make the Phillipsdale project a priority in the City’s plans.
The other Council members comment, stating that they are concerned with what the priorities are, and that each Council member has issues in their own wards that need to be taken care of, and there’s not enough money to take care of all the things that need to be done.
Mayor Larisa states that’s why the GeoNova project is so important, because there will be additional tax revenue to help the City with these projects.
He also announces that the Fire Chief received word from the State Department of Transportation that they are going to do sidewalk improvements on Pawtucket Avenue and Bullocks Point Avenue, from Bradley Hospital, to Willett Avenue, as well as road resurfacing, drainage and landscaping improvements.
RESOLUTIONS
RESOLUTION IN SUPPORT OF THE PHILLIPSDALE INITIATIVE
WHEREAS, in 1993 the Rhode Island Department of Transportation developed a project for the improvement of Roger Williams Avenue in the Phillipsdale section of the City of East Providence; and
WHEREAS, the 1993 Rhode Island Department of Transportation project languished due to a lack of state funding; and
WHEREAS, homeowners from the Phillipsdale section of the City of East Providence after working together with State and City officials presented a petition to the City Council requesting the reconstruction of Roger Williams Avenue in accordance with that plan in its entirety and other improvements to the Phillipsdale area collectively known as the Phillipsdale Initiative; and
WHEREAS, the improvement of Roger Williams Avenue and the implementation of the Phillipsdale Initiative will be of benefit to the entire community;
NOW, THEREFORE, BE IT RESOLVED, 1) that the City Council of the City of East Providence hereby designates Roger Williams Avenue Reconstruction and the implementation of the Phillipsdale Initiative as a priority project; 2) that upon passage by the voters of the City of East Providence of the November 2002 bond referendum for construction of streets and sidewalks, a portion of said funds will be allocated for the reconstruction and rehabilitation of Roger Williams Avenue and the implementation of the Phillipsdale Initiative with the initial focus on the section between Bourne Avenue and the Noyes Avenue curve, with the remaining two sections to follow as segmented in the 1993 RIDOT Project; 3) that if said bond referendum is not approved, the City will work as reasonably necessary to fulfill the spirit and purpose of the Phillipsdale Initiative in order to find alternative funding sources for the reconstruction of Roger Williams Avenue and the implementation of the Phillipsdale Initiative; 4) that the City Council of the City of East Providence will urge the federal government to designate the Phillipsdale area as CDBG eligible and that upon approval of the CDBG designation, the City will give maximum feasible priority to the Phillipsdale Initiative; and 5) that the City will work with elected officials of the State of Rhode Island, and federal officials to secure funding and/or matching grants for the reconstruction of Roger Williams Avenue and the implementation of the Phillipsdale initiative; 6) and that the City will sustain open lines of communications with the Ward 1 Councilperson and the Leadership Committee of the Phillipsdale Initiative regarding the implementation and progression of the Phillipsdale Initiative until its completion.
Requested by: Councilman Rogers and Mayor Larisa
Councilman Rogers asks that the Resolution be approved as drafted. Mayor Larisa asks for a friendly amendment which would have the Planning Department request the D.O.T. to make Roger Williams Avenue a priority in the next year.
On motion of Councilman Rogers, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to adopt the Resolution.
On motion of Councilman Miranda, seconded by Councilman Midgley, it is unanimously voted to return to the regular order of business.
PUBLIC HEARINGS
Budget for Fiscal Year 2002-2003 (Continued from October 1, 2002)
AN ORDINANCE APPROPRIATING $110,516,884 FOR THE SUPPORT OF THE
CITY GOVERNMENT FOR THE FISCAL YEAR ENDING OCTOBER 31, 2003
Mayor Larisa asks if there is any public comment on the budget.
The following speakers are sworn in:
Chester Mott, 28 Grant Avenue, Riverside, Rhode Island, who speaks against any tax increase.
Anthony Bocchichio, 96 Pinecrest Drive, Riverside, Rhode Island suggests that a co-pay policy for City employees should be considered.
John Fahey, 2535 Pawtucket Avenue, East Providence, Rhode Island questions co-pays and other employee benefits.
Dr. Taras Herbowy, Superintendent of Schools, speaks about the School budget. He states that something needs to be done with respect to the revenue sources.
Maryann Mathews, Outlook Avenue, East Providence, Rhode Island questions the audit.
Mayor Larisa speaks about the proposed $200,000 cut. He speaks about co-pay for city employees and suggests a $10 per week/$500 per year co-pay for health benefits. He says he will lead the charge for the City side of the budget.
Following further discussion, Mayor Larisa asks for a motion to adopt a proposed budget, minus $200,000, which will result in a tax increase of 4.99%.
Councilman Rogers makes the motion to reduce the tax increase to below 5%. Councilman Miranda seconds the motion. A roll call vote is taken on the motion:
Councilman Grant Nay
Councilman Midgley Nay
Councilman Miranda Aye
Councilman Rogers Aye
Mayor Larisa Aye
The motion passes 3-2.
Mr. Rogers makes a motion that the $200,000 comes in its entirety from the City budget and $0 comes from the School Department budget.
The motion fails for lack of a second.
Motion is made Councilman Miranda, seconded by Councilman Grant, to cut $100,000 from the School Department and $100,000 from the City budget, with the cuts coming from the recommendations made by the City Manager.
Councilman Grant speaks on the motion. He suggests combining School Department and City departments, and says it may be a good time to do this now.
Councilman Midgley states that if we don’t raise taxes, we won’t get things done. He says he is in favor of accepting the budget as presented.
Roll call vote is taken on the motion:
Councilman Grant Aye
Councilman Midgley Nay
Councilman Miranda Aye
Councilman Rogers Nay
Councilman Larisa Aye
The motion passes 3-2.
Mr. McDonald announces the new figures for the budget ordinances.
It is decided to hear the remaining budget ordinances at this time, which will be given First Passage.
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 VEHICLE AND TRAILERS.
THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS: SECTION I. That the City Council of the City of East Providence hereby orders the assessment and collection of a tax on ratable real estate, tangible personal property and an excise tax on registered motor vehicles and trailers in a sum not less than Sixty-two Million Six Hundred Eighty-three Thousand Nine Hundred ($62,683,900) Dollars nor more than Sixty-three Million Six Hundred Eighty-three Thousand Nine Hundred ($63,683,900) Dollars said tax is for ordinary expenses, for the payment of interest and indebtedness, in whole or in part, of said city, and for other purposes authorized by law.
The Tax Assessor shall assess and apportion said tax on the inhabitants and ratable property of said city as of the 31st day of December, 2002 at twelve o’clock Eastern Standard Time, according to law, and shall on completion of said assessment, date and sign same and shall make out and certify to the City Treasurer of the City of East Providence, who is charged with the duties for the collection of taxes, on or before the 13th day of June, 2003 complete list of the names of the persons taxed and of the total value of all he real estate assessed against each person, and also the amount of registered motor vehicles and trailers assessed against each person, and also the total amount assessed against each opposite the name of the person or persons assessed. Upon receipt of the certified tax list by the City Treasurer, he shall proceed and collect said tax on the persons and estates liable thereof; said tax shall be due and payable on and between the 2nd day of June and the 1st day of July, 2003 and provided further that if said tangible personal property and real estate taxes are paid in full on or before the 1st day of July, 2003, a discount of four per centum (4%) of the total taxes on said tangible personal property and real estate shall be granted, and all taxes remaining unpaid on the 1st day of July 2003, shall carry until collected a penalty at the rate of twelve per centum (12%) per annum from the 2nd day of June, 2003 upon said unpaid tax, however, said taxes may be paid in four installments; the first installment of twenty-five per centum (25%) on or before the 1st day of July,2003, the second installment of twenty-five per centum (25%) on or before the 1st day of September, 2003, the third installment of twenty-five per centum (25%) on or before the 1st day of December, 2003 and the fourth installment of twenty-five per centum (25%) on or before the 2nd day of March 2004.
Each installment of taxes if paid on or before the last day of each installment period successively in order, shall be free from any charge of interest.
If the first installment or any succeeding installment of taxes is not paid by the last date of the respective unpaid balance period or periods as they occur, then the whole tax or remaining unpaid balance of the taxes as the case may be shall immediately become due and payable and carry until collected a penalty at the rate of twelve per centum (12%) per annum.
The City Treasurer shall, by advertisement in the public newspaper having circulation in the City of East Providence, notify all persons assessed to pay their respective taxes at his office on and between the said 2nd day of June, and the 1st day of July, 2003 both days inclusive; said City Treasurer setting forth the hours during which his office shall remain open to receive said taxes.
SECTION II. That any of said taxes not paid on or before the 2nd day of March, 2004 shall forthwith be collected by levy upon the sale of real estate upon which it is assessed and by that or other due process of law in case of assessment upon personal property.
Mr. McDonald announces the new figures for this ordinance, as $62,416,900 and $63,416,900.
On motion of Councilman Grant, seconded by Councilman Miranda, it is unanimously voted to approve for First Passage as amended.
AN ORDINANCE AUTHORIZING THE DIRECTOR OF FINANCE TO BORROW FUNDS IN ANTICIPATION OF TAXES
On motion of Councilman Rogers, seconded by Councilman Grant, it is unanimously voted to approve for First Passage.
On motion of Councilman Rogers, seconded by Councilman Grant, it is voted 4-1 to adopt the budget as amended. Mr. Midgley votes “Nay.”
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 Subsec (b) of Sec 17-183 entitled “Charges to be based upon water consumption; rate” to read as follows:
(b) The fixed meter charge portion of the sewer charge shall be determined as follows:
Meter Size Annual Fee
5/8 $40.00
3/4 70.00
1 100.00
1 ½ 200.00
2 310.00
3 670.00
4 1,140.00
6 2,360.00
8 3,390.00
Such fee shall be prorated quarterly or monthly for users of city water who are billed on a quarterly or monthly basis.
SECTION II. Subsection (c) of Sec 17-183 entitled “Charges to be based upon water consumption; rate” is amended 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 probated quarterly or monthly for users of city water who are billed on a quarterly or monthly basis.
Councilman Grant questions why single family dwellings that have 3/4" pipe pay the same as those with 5/8" pipe. Mr. McDonald says he has no idea what the economic ramifications would be. It is suggested by Mayor Larisa that Mr. Conley do a legal analysis of whether or not different rates can be charged to single family vs. commercial, and have Mr. McDonald get a memo to the Council on the fiscal impact if that could be done.
Further discussion takes place regarding the sewer use fee. Mayor Larisa says he thinks the increase is too drastic. Councilman Grant says although he is not in favor of raising any fees, he thinks the sewer system needs to be updated.
Mr. Miranda speaks and says he will not support a sewer use tax.
Mr. Midgley speaks against any cuts.
Motion is made by Councilman Midgley, seconded by Councilman Rogers, to adopt the City Manager’s and the Finance Director’s proposal that the 5/8 meter fee be increased from $10 to $40 and the $1.90 sewer use flow charge be increased from $1.90 per hundred cubic feet to $2.30 per hundred cubic feet.
Roll call vote is taken on the motion:
Councilman Grant Aye
Councilman Midgley Aye
Councilman Miranda Nay
Councilman Rogers Aye
Mayor Larisa Nay
With a 3-2 vote, the motion dies for lack of a super majority.
Mayor Larisa says he will be willing to go from $10 to $30 on the fixed fee, and from $1.90 to $2.20, and he asks for a motion. There is no motion made.
Councilman Rogers asks for a motion to revote on the original proposal. There is no motion.
Mr. McDonald announces that if this issue is passed entirely, the budget will be unbalanced. He states that $600,000 will have to be cut from the wastewater budget because the revenue that the current rates will bring will not match the expenses in the budget that was proposed.
The meeting recesses at 10:50 p.m. and reconvenes at 11:00 p.m.
After further discussion, it is decided to have a Special Council Meeting on October 22, 2002 at 7:30 p.m. to deal with the Sewer Use Fee and to effectuate the budget.
On motion of Councilman Grant, seconded by Councilman Rogers, it is unanimously voted to return to the regular order of business.
ORDINANCES - FINAL PASSAGE (Given first passage October 1, 2002)
Advertised - Providence Journal - October 4, 2002
The following ordinance prohibits parking on both sides of Hillside Avenue from Pawtucket Avenue for 20 feet.
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:
HILLSIDE AVENUE (both sides), from Pawtucket Avenue westerly for 20 feet.
(Requested by Councilman Miranda) CHAPTER NO. 231
There is no one from the public wishing to be heard.
On motion of seconded by it is and on a roll call vote, it is unanimously voted to approve for Final Passage.
NEW BUSINESS
CITY MANAGER
Request for City Council approval to award contract for “Provision of Dental Coverage for 2002-2005"
Mr. Lemont asks Mr. McDonald to speak on the matter. He says it is the recommendation to award the contract to the low bidder, Delta Dental.
On motion of Councilman Grant, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to approve.
Request for City Council approval to award contract for “Capital Asset & Infrastructure Inventory, and Valuation Services”
On motion of Councilman Grant, seconded by Councilman Miranda, it is unanimously voted to award the contract to Cayer & Prescott.
City Manager’s Report - none
REPORTS OF OTHER CITY OFFICIALS
(By William J. Conley, Jr., City Solicitor)
Claims and Litigation Committee Report
On motion of Councilman Midgley, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to accept as presented.
CITY CLERK, Valerie A. Perry
RENEWAL OF ANNUAL LICENSES
Requesting authorization be granted to renew subject licenses, excluding alcoholic beverage licenses, for year commencing December 1, 2002 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 seconded Councilman Rogers, seconded by Councilman Miranda, by it is unanimously voted to approve, subject to all stipulations.
COUNCIL MEMBERS
(By Mayor Joseph Larisa, Jr)
The case for Geo Nova at Ocean State Steel (Deferred from Oct 1, 2002)
Mayor Larisa says this project will bring in from $2 to $4 million each year in taxes, which will give the City money to take care a lot of the projects that need to be done. He informs the public that there will be public hearing on the proposed project tomorrow night at 7:30 in Room 308 at City Hall.
(By Councilman Patrick Rogers)
Turner Reservoir Community Cleanup - Oct 19, 2002
Councilman Rogers announces that Rumford Boy Scout Troop 228 and the East Providence Rotary are co-sponsoring a clean-up of the Turner Reservoir property on Saturday, October 19, 2002 at 9:00 A.M.
Freedom Green dedication - Nov 11, 2002 (Veterans’ Day)
Councilman Rogers announces that the dedication will be held at the new park at the Corner of Centre Street and North Broadway on November 11. He also states that benches will be dedicated to the memories of Carol DelleFemine Bouchard, Major Alister MacGregor, and Lucy Fonseca.
Councilman Grant suggests doing something for Mr. Swift for donating the land to the City.
Councilman Rogers also mentions that the City Solicitor has an agreement with Agawam Hunt to maintain the property. Mr. Conley says he will put the info in the Council packets and will get it on the docket for the next meeting.
Addendum
Mayor Larisa receives unanimous consent to speak about the City’s bond issues. He explains what the bond issues will be used for and urges the public to support them.
INTRODUCTION OF ORDINANCES (If given first passage, can be referred to the
next regular Council meeting to be held on November 6, 2002 for a public hearing and consideration of final passage)
The following provides liability protection for city officials in civil proceedings arising out of or relating to their service to or employment with the City.
AN ORDINANCE IN AMENDMENT OF CHAPTER 11 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “PERSONNEL, PENSIONS AND RETIREMENT”, which amends SECTION I. Article III. Entitled “Personnel Plan” adding:
Sec 11-95. Liability Protection.
In the event that a member of the city council, the city manager, or any officer of the city appointed by the city council is sued in any civil proceedings arising out of or elated to actions performed in the course of their service to or employment with the city of East Providence, the city shall defend such individual against the civil claim and pay any judgment and costs resulting therefrom. The city shall have the right to deny a defense or pay such judgment if it is finally determined by a court of competent jurisdiction that such individual acted outside of the scope of his or her services or employment.
(Requested by Law Department)
Mr. Conley reads the ordinance and explains it.
On motion of Councilman Miranda, seconded by Councilman Rogers, it is unanimously voted to approve for First 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 SECTION I Article X entitled “Stopping, Standing and Parking” Subsec 18-315 entitled “Reserved parking designated–Handicapped parking,” adding:
JUNIPER STREET, (north side) in front of house number 249.
(Requested by the Director of Public Works)
On motion of Councilman Miranda, seconded by Councilman Grant, it is unanimously voted to approve for First Passage.
COMMUNICATIONS
John Vincent, 3663 Pawtucket Avenue, East Providence, RI requesting to address the council re: Naming the proposed Riverside Library
Withdrawn
R.I. Campaign to Eliminate Childhood Poverty - 32 East Avenue, Pawtucket, RI Requesting to address the Council regarding the East Providence Welfare Office.
Continued to the next regular Council meeting
East Providence Volunteers Saving Animals to request permission from the Council to privatize city animal shelter and present proposal.
Brenda Hogan, North Broadway, East Providence, Rhode Island and George ? 500 Reservoir Avenue, Cranston, Rhode Island.
Ms. Hogan speaks of the recent eviction of her group from the Animal Shelter and offers to the Council what she states are the reasons for the eviction.
Following her presentation, Mayor Larisa speaks on the issue. He states that the animals are being cared for and sees no reason to change the status quo. The other Council members agree.
On motion of Councilman Rogers, seconded by Councilman Midgley, it is unanimously voted
to accept the report as presented.
There being no further business, the meeting adjourns at 11:55 p.m.
Attest:
Valerie A. Perry, CMC
City Clerk Approved: November 14, 2002
