CITY OF EAST PROVIDENCE

 

RHODE ISLAND

JOURNAL OF REGULAR COUNCIL MEETING

SEPTEMBER 17, 2002

 

The City Council meets in the Council Chamber on Tuesday, September 17, 2002 and is called to order at 8:35 p.m. by Mayor Joseph S. Larisa, Jr.   

 

Present:            Mayor Joseph S. Larisa, Jr.                  )

Rolland R. Grant                                   )          

Peter F. Midgley                                   )           Council Members

Norman J. Miranda                              )

Patrick A. Rogers                                 )                                  

Paul E. Lemont                                     )           City Manager

William J. Conley, Jr.                            )           City Solicitor

Valerie A. Perry                                   )           City Clerk

           

Lori Merolla, Merandi Reporting, is present to record the proceedings of the public hearings.

 

CONSENT CALENDAR

 

Approval of Council Journals

Regular Meeting - September 3, 2002 

Alcoholic Beverage License - Class F- September 28, 2002 (Raindate Sept. 29)

Autumnfest - 610 Waterman Avenue (East Providence Recreation Department

 

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

 

CITY COUNCIL SITTING AS LICENSING COMMISSIONERS

 

LICENSES REQUIRING PUBLIC HEARING

(Advertised - East Prov. Post - August 29, September 5, 2002)

 

Alcoholic Beverage License - Transfer of Class from B Limited to B Full Privilege

Bertucci’s Restaurant Corp., dba Bertucci’s Brick Oven Pizzeria - 70 Narragansett Park Drive

 

Alicia Deronde, 155 Otis St., Northborough, Massachusetts is present and sworn.

 

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 of the Police Chief and Building Inspector.

 

LICENSES NOT REQUIRING PUBLIC HEARING

 

Peddler - Ice Cream (Deferred from September 3, 2002)

Donald W. Klemanchuck, dba Don’s Frozen Lemonade & Ice Cream, 15 Baker Street,

East Providence, RI  - Subject to approvals of Police Chief and Health Inspector

 

The applicant is not present.

 

On motion of Councilman Miranda, seconded by Councilman Grant, it is unanimously voted to remove from the docket.

 

Sunday/Holiday Sales -

Kim’s Fitness Center LLC, dba Curves for Women - 1235 Wampanoag Trail

 

Kimberly Durand, 463 Fairview Avenue, Rehoboth, Massachusetts, is present and sworn. 

It is noted that the license is for the October 14th Open House, which happens to fall on Columbus Day.  Ms. Durand states that they do not plan to open on other Sundays or Holidays.

 

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

 

Sunday/Holiday Sales

Farnsworth Video LLC - dba Farnsworth Video - 302 Willett Avenue

 

Lester Farnsworth, 139 Dorr Avenue, Riverside, Rhode Island is present and sworn.

 

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

 

Victualing/Over 50

Sodexho/Hasbro - 200 Narragansett Park Drive

Subject to approvals of Police Chief, Building Inspector, Health Inspector

 

The applicant is not present.

 

On motion of Councilman Midgley, seconded by Councilman Grant, it is unanimously voted to defer.

 

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL

 

PUBLIC HEARINGS

Budget for Fiscal Year 2002-2003

 

Mr. Lemont gives a brief overview of the City’s budget.  He says each Department Head came in with a tight budget, and the sources of money aren’t there.  He says he hopes the Council will look at the numbers as put forth and will approve them.  He also says that he realizes the day is coming when employees will have to participate in the health care costs, but he is trying to avoid that as long as possible.  He says he hopes people will look at what the goals are for the budget.  The School Committee is looking to provide better schools, and the City is looking to provide better schools and better government.  He says that if the budget is trimmed any more than it is now, it would be a disservice to people of the City.

 

Following Mr. Lemont’s remarks, Superintendent of Schools, Dr. Taras Herbowy, presents the School Department Budget.  He notes that the out-of-school district tuitions have dropped.

 

He notes the reductions that have been made and the increases that are mandated.  He said Special Needs students from throughout the state are moving to the City because it’s a comfortable City to live in and because of the low tax rate.  He says that since the start of school, over 20 students with IEP’s have integrated into our schools, at a cost of $26,000 per child.  He says 1 in 5 children in the East Providence schools have IEP’s (Individual Education Plans).  Transportation for 1 child could cost up to $30,000. 

 

Dr. Herbowy reports that the Teachers and Administrators are looking a co-pays for health benefits. 

 

Following Dr. Herbowy’s presentation, Councilman Rogers states that he would support the school budget as presented.  Mayor Larisa speaks on the cuts that were made last year and the increases needed this year, and says that the state cuts in aid have hurt.

 

On motion of Councilman Midgley, seconded by Councilman Grant, it is unanimously voted to Defer the City Manager’s budget presentation to the next meeting. 

 

There is no one from the public wishing to be heard on the School Department Budget.

 

ORDINANCES - FINAL PASSAGE

(Given first passage September 3, 2002)

Advertised - Providence Journal -September 6, 2002)

 

1.         AN ORDINANCE IN AMENDMENT OF CHAPTER 2 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “ADMINISTRATION”., which amends Sec.  2-277 entitled “Fines; penalties; imprisonment.” to read as follows:

 

(a) The municipal court may impose a sentence not to exceed 30 days in jail and impose a fine not in excess of $500.00 or both, and shall be empowered to punish persons for contempt.

           

(b) Any individual, partnership, corporation or business which is found by the Municipal Court  to be in violation of any city ordinance more than once in any twelve month period shall be assessed a penalty of not less than two times the amount of the fine assessed in the prior violation and court costs.  Said fine may not exceed the maximum amount otherwise allowed for the violation.

 

(c) The municipal court may also impose sentences as otherwise provided for by ordinances of the city and the laws of the state.                       CHAPTER NO. 225

(Requested by Councilman Peter F. Midgley)

 

On motion of Councilman Miranda, seconded by Councilman Grant, and on a roll call vote, it is unanimously voted to dispense with the reading of the ordinance.

 

 Mr. Conley explains the ordinance, saying that it focuses on repeated housing violations caused by absentee landlords.

 

There is no one from the public wishing to be heard.

 

On motion of Councilman Midgley, seconded by Councilmen Miranda and Grant, it is unanimously voted to approve for Final Passage.

 

2.         AN ORDINANCEINANCE 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

           

BARNSDALE ROAD (southbound traffic) at Interlocken Road.

            (Requested by Director of Public Works)          CHAPTER NO. 226

On motion of Councilman Miranda, seconded by Councilman grant, it is unanimously voted to dispense with the reading of the ordinance.

 

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 for Final Passage. 

           

The following ordinance adds a stop sign at Martin and Brown Streets.

 

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:

 

MARTIN STREET (eastbound and westbound traffic) at Brown Street.

(Requested by Director of Public Works)                      CHAPTER NO. 227

On motion of Councilman Grant, seconded by Councilman Rogers, and on a roll call vote, it is unanimously voted to dispense with the reading of the ordinance.

 

There is no one from the public wishing to be heard.

 

On motion of Councilman Grant, seconded by Councilman Rogers, and on a roll call vote, it is unanimously voted to approve for Final Passage.

 

4.         The following ordinance adds a stop sign at Nelson and Thatcher Streets.

 

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:

 

            NELSON STREET (eastbound traffic) at Thatcher Street.     CHAPTER NO. 228

(Requested by Director of Public Works)

On motion of Councilman Grant, seconded by Councilman Rogers, it is unanimously voted to dispense with the reading of the ordinance.

 

There is no one from the public wishing to be heard.

 

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

 

NEW BUSINESS

 

CITY MANAGER

 

1.         Request for City Council Approval to Award Contract for Purchase of Sodium Chloride (Rock Salt)

 

On motion of Councilman Grant, seconded by Councilman Rogers, it is unanimously voted to award the contract to Morton International at $35.51 per ton.

 

2.         Land Donation to City - Mink Road and River Road Runnins River Watershed - Map 709, Block 2, Parcel 001.10; Map 709, Block 2, Parcel 001.00

 

On motion of Councilman Grant, seconded by Councilman Midgley, and on a roll call vote, it is unanimously voted to approve, with a letter of thank you going out to Elizabeth Leonard of Leonard, Inc.

 

3.         Disposition of City owned Property - Sutton Avenue, Map 205, Block 12, Parcel 38 - 2,540 Sq. Ft. Residential - 6 District

 

On motion of Councilman Miranda, seconded by Councilman Grant, and on a roll call vote, it is unanimously voted to sell the property subject to a price yet to be determined by the Tax Assessor and subject to negotiations by the City Solicitor.

 

4.         Request for City Council Approval to Award Contract for “Amaral Street Sanitary Sewer Improvements”

 

On motion of Councilman Miranda, seconded by Councilman Midgley, and on a roll call vote, it is unanimously voted to award the contract to Boyle & Fogarty Construction Co., Inc., in the total amount of $264,240.

 

5.         Request for City Council Approval to Award Contract for “Watchemoket Pump Station Influent Structure Improvements          

 

On motion of Councilman Midgley, seconded by Councilman Grant, and on a roll call vote, it is unanimously voted to award the contract to R.H. White Construction Co., Inc., in the amount of $271,120.00.

 

6.         Riverside Square Improvements and Request to Acquire City-owned Land Map 312, Block 9, Parcel 1.1

 

Jeanne Boyle introduces the Landscape Architect Sarah Bradford who designed the plans for the Riverside Square Improvements.

 

            Ms. Bradford makes her presentation.

 

            The Council consents to allow a speaker to address the Council.

 

            Frank Silva, 548 Seekonk, Massachusetts, is present and sworn.

 

Mr. Silva, the owner of the Dari-Bee and Depot Deli, addresses the Council about the property and says he has been trying to find out why or how the City bought the property.  He voices his displeasure about losing parking spaces for his business.           

 

b.         REPORTS OF OTHER CITY OFFICIALS

 

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

 

Claims and Litigation Committee Report

Mr. Conley reports there is no report.

 

On motion of Councilman Grant, seconded by Councilman Midgley, it is unanimously voted to accept.         

                                               

COUNCIL MEMBERS

 

(By Mayor Joseph S. Larisa, Jr.)

1.  New Soccer Field Task force  - Councilmen Larisa and Miranda co-chairs (w/vote)

 

Mayor Larisa speaks about the task force and says he would like to put together a small task force that will work with the Planning Department to put together options and make recommendations to the City Council for soccer fields.  He says it is possible that there will be some action pertaining to the fill at Forbes Field, which if it happens, there will be a site for the soccer field.

 

Councilman Grant states that he would like to serve on the Task Force as well.

 

Councilman Rogers suggests the site next to Orlo Avenue School, and asks the Council not to rule out using Astro Turf.

On motion of Councilman Midgley, seconded by Councilman Rogers, it is unanimously voted to allow Mayor Larisa and Councilman Miranda to co-chair the Task Force.

 

(By Councilman Patrick A. Rogers)

 

1.    New Fire and Rescue Station Dedication and Open House.

 

Councilman Rogers invites the public to the dedication and Open House of the new Fire Station at the corner of Greenwood Avenue and North Broadway on Saturday, September 28 at 10:00 AM

 

2.    Freedom Green bench donation.

Councilman Rogers asks that this be deferred.

 

INTRODUCTION OF ORDINANCES

 

(If given first passage, can be referred to the next regular Council meeting to be held on October 1, 2002 for a public hearing and consideration of final 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 VEHICLES AND TRAILERS.

 

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 the 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 person on said real estate, personal estate and registered motor vehicles and trailers, 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 2003 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.                 

 

On motion of Councilman Miranda, seconded by Councilman Rogers, it is unanimously voted to defer this budget ordinance to the next meeting.

 

AN ORDINANCE AUTHORIZING THE DIRECTOR OF FINANCE TO BORROW FUNDS IN ANTICIPATION OF TAXES.

 

On motion of Councilman Midgley, seconded by Councilman Rogers, it is unanimously voted to defer this budget ordinance

 

The following ordinance amendment deletes language preventing officers of the Carousel Commission from serving successive terms.

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 2 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “ADMINISTRATION”, Sec. 2-54 entitled “Election of officers; rules and reports: of Division 2 entitled “Carousel Park Commission” to read as follows:

 

SECTION I.  Sec. 2-54 entitled “Election of officers; rules and reports.” of Division 2. entitled “Carousel Park Commission” of Chapter 2 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Administration” is amended to read as follows:

 

(a) The carousel park commission shall, during January of each year, elect from among its members a chair, a vice-chair, and a secretary-treasurer. The terms of office shall be for one year.  A three-member nominating committee with not less than two public members of the commission shall be appointed by the chair in November of each year.

 

(b) The commission shall adopt bylaws for the transaction of its business and shall keep permanent and accurate records of its resolutions, transactions, determinations and recommendations. It shall file an annual report with the city clerk on or before November 15 of each year.

 

            (Requested by: Councilman Peter Midgley)

On motion of Councilman Miranda, seconded by Councilman Grant, it is unanimously voted to dispense with the reading of the ordinance.

 

Councilman Midgley speaks on the ordinance.  In response to a question from Mayor Larisa, Mr. Midgley says he has no objection to a friendly amendment that no one shall serve more than three consecutive one year terms unless there is no one else on the Commission interested in serving in that capacity. 

 

On motion of Councilman Midgley, seconded by Councilman Grant, it is unanimously voted to approve as amended.

 

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:

 

DON AVENUE (northbound and southbound traffic) at its intersection with Lewis Street.

(Requested by: Councilman Patrick Rogers)

 

At the request of Councilman Rogers, the matter is deferred.

 

APPOINTMENTS

(By Councilman Patrick A. Rogers)

 

Traffic Control

Barbara Najarian          2 Fern Drive (02916)

 

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

 

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

 

The meeting adjourns at 10:35 p.m.

 

Attest:

_____________________________

Valerie A. Perry, CMC

City Clerk                                            Approved: October 1, 2002

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