CITY OF EAST PROVIDENCE

 

RHODE ISLAND

JOURNAL OF REGULAR CITY COUNCIL MEETING

DECEMBER 15, 2003

 

The City Council meets in regular session in the Council Chamber on Tuesday, December 2,  2003 and is called to order at 7:35 p.m. by Mayor Rolland R. Grant

 

Present:            Mayor Rolland R. Grant           )          

                        Daniel F. Harrington                 )

                        Norman J. Miranda                  )           Council Members

                        Patrick A. Rogers                     )          

                        Dr. Isadore S. Ramos               )

                        William J. Conley, Jr.                )           Acting City Manager

                        Valerie A. Perry                       )           City Clerk

                        Timothy Chapman                    )           Acting City Solicitor

 

The invocation is given by Councilman Ramos, and the Salute to the Flag is led by Councilman Harrington. 

 

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

 

Mayor Grant begins the meeting by announcing that the City Manager search process will stop for now, because one of the two finalists has withdrawn.  He says that it is important for the Council to do the right thing, and wants to take the time to review with the Council what steps should be taken next.

 

CONSENT CALENDAR


1.         Approval of Council Journals

            Closed Session - September 8, 2003 - City Manager Candidates

            Closed Session - September 10, 2003 - City Manager Candidates

            Closed Session - September 11, 2003 - City Manager Candidates

            Closed Session - September 24, 2003 - City Manager Candidates

            Closed Session - September 25, 2003 - City Manager Candidates

            Regular Session - November 18, 2003

2.         CANCELLATION/ABATEMENTS - Alberto S. Ereio, Tax Assessor        

            YEAR                         AMOUNT

            2003                            $17,137.82


3.         Tag Days - Riverside Youth Football Association - December 6, 2003    

4.         Alcoholic Beverage - Class F - December 14, 2003 - St. Francis Xavier Church

5.         Alcoholic Beverage - Class F - December 21, 2003 - St. Francis Xavier Church

6.         Alcoholic Beverage - Class F - December 31, 2003 - St. Francis Xavier Church      

 

On motion of Councilman Miranda, seconded by Councilman Rogers, it is unanimously voted to remove the minutes of the closed sessions from the Consent Calendar. 

 

On motion of Councilman Rogers, seconded by Councilman Miranda, it is unanimously voted to approve the minutes of the Closed Sessions and to keep them closed.

 

On motion of Councilman Rogers, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to approve the Consent Calendar as amended.

CITY COUNCIL SITTING AS LICENSING COMMISSIONERS

 

LICENSES NOT REQUIRING PUBLIC HEARING

 

            Victualing N/Over 25 - Transfer

            From The Joy-Luck Corp., dba Marco Polo

            To Alexander Sterpis, dba Marco Polo - 68 Taunton Avenue

 

Alexander Sterpis, 25 Legion Way, Cranston, RI is present and sworn.

 

On motion of Councilman Ramos, seconded by Councilman Miranda, it is unanimously voted to approve, subject to approvals of Police Chief, Building Inspector, Fire Marshall, and Health Department.

 

             Sunday/Holiday Sales

            Jose A. Rosalino and Sal Aragao, dba Brasil Cellular Center - 488 Waterman Avenue

 

Sal Aragao, 87 John Street, Cumberland RI, and Jose A. Rosalino, 1052 Charles St., North Providence, RI are present and sworn.

 

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

                       

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL

 

PUBLIC HEARINGS

Advertised - Providence Journal - November 24, 2003, December 1, 2003

Adoption of the 2003 East Providence Waterfront Special Development District Plan as an element of the East Providence Comprehensive Plan.

 

Jeanne Boyle, Planning Director, addresses the Council.  He says over 100 people attended the November 17th workshop and now the Planning Board is asking for adoption of the plan.  She informs Mr. Rogers that if any changes are made to the plan, the Council must approve them.

 

Councilman Harriungton thanks Jeanne Boyle for her hard work on the project.

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

 

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

 

ORDINANCES - FINAL PASSAGE (Given first passage November 18, 2003)

Advertised - Providence Journal - November 21, 2003

 

The following ordinance establishes procedures for the application and issuance of fire safety permits.

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 4 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “BUILDING AND BUILDING REGULATIONS.” which amends Article II entitled “Permits” by adding the following:

                        Sec. 4-20.  Fire Safety Permits.

                        1.  General requirements. 

 

            (a) Any person, including any partnership, corporation or association, undertaking the erection, extension, alteration or repair or moving of a structure; or undertaking any structural alteration, electrical wiring or installation of plumbing or mechanical equipment in an existing structure; or undertaking any changes that may affect the fire safety of a building or any portion thereof; shall first make application for an inspection and for a plan review in the East Providence Fire Prevention Office.  Said application shall be made at least twenty-one (21) calendar days prior to the start of any construction or work accompanied by the proper fee or fees described in this section.  No construction or work shall be started until the required application has been approved by the fire prevention office.

 

            (b) In addition to the general provisions above, this article also includes special categories for which inspections and/or plan review fees are required.  No construction or work shall be started until the required application has been approved by the fire prevention office.

 

            (c) In all matters relating to the execution of this article, the fire prevention officer’s interpretations and decisions shall be binding, appealable to the chief of the department.  If the applicant is not in agreement with the decision of the fire chief, the applicant may appeal within ten (10) calendar days to the city council.  The city council’s decision shall be binding and final.

 

            (d) Any and all construction or work to be permitted shall be in complete compliance with the Rhode Island Fire Safety Codes in effect at the time of said construction, i.e., Life Safety Code NFPA 101, Uniform Code NFPA 1, R.I. Fire Safety Code, and East Providence Fire Prevention Code. 

 

            (e) All fees as determined by this article, where based on construction costs, shall be based on full valuation of current construction costs.  Construction costs (per square foot) shall be determined by the building official.

 

            (f) Fee rates shall be reviewed annually by the fire prevention officer and the chief of the department to determine if new and/or amended fee rates are appropriate.  If so, they shall be submitted to the town council for consideration.

 

            (g) There shall be no remuneration to any person for any inspection and/or plan review as required by this article.

 

            (h) All fees shall be made payable to the City of East Providence.  Payment shall be made to the East Providence Fire Prevention Office which shall make a record of such payment and then remit the same to the city treasurer.

 

            (i) No fees shall be paid for any building owned by the City of East Providence, State of Rhode island or the United States Government.

 

            (j) No fees shall be paid for a fire safety inspection as required for a license renewal.

 

                        2.  Life Safety Plan Review Permit.

 

            Every request to the East Providence Fire Marshal’s Office for a life safety plan review permit shall be accompanied by the fee as prescribed as follows:

 

NEW BUILDINGS, ADDITIONS, ALTERATIONS, STRUCTURES, ETC.

(Based on cost of construction less cost of site & utility work, plumbing, mechanical & electrical)

 

$500.00 or less

$     25.00 

Over $500 but not over $1,000

$     35.00 

Over $1,000 but not over $2,000

$     45.00 

Over $2,000 but not over $500,000

$     45.00+

(Plus $6.00 per $1,000 or fraction thereof over $2,000)

 

Over $500,000

$3,033.00+

(Plus $4.00 per $1,000 or fraction thereof over $500,000)

 

 

                        3.  Fire Alarm Installation Plan Review and Inspection Permit.

 

            Every request to the East Providence Fire Marshal’s Office for a fire alarm installation plan review and inspection permit shall be accompanied by the fee as prescribed as follows:

 

NEW BUILDINGS, ADDITIONS, ALTERATIONS, STRUCTURES, ETC.

(Based on cost of construction)

 

$500.00 or less

$     25.00 

Over $500 but not over $1,000

$     35.00 

Over $1,000 but not over $2,000

$     45.00 

Over $2,000 but not over $500,000

$     45.00+

(Plus $6.00 per $1,000 or fraction thereof over $2,000)

 

Over $500,000

$3,033.00+

(Plus $4.00 per $1,000 or fraction thereof over $500,000)

 

 

On motion of Councilman Rogers, seconded by Councilman Miranda, it is unanimously voted to dispense with the reading of the ordinance.                 ORDINANCE NO. 293

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

 

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

 

NEW BUSINESS

CITY MANAGER

Collective Bargaining Discussion - IAFF, IBPO, USWA 15509, USWA 15509A, EPPMTEA, and Department Heads

 

Mr. Conley discusses the salient points of the settlements. Councilman Rogers compliments all who participated in the negotiations and says that from a fiscal perspective, these are the best contracts he has seen.

 

REPORTS OF OTHER CITY OFFICIALS

(By Acting City Solicitor)

 

Claims and Litigation Committee Report

 

            Allstate Insurance Company -

            (Insured: Judith Ventura-Enright)Claim No. 03-63         Refer to Insurance Carrier        

            John Gibney, Claim No. 03-58                                     Denied

            Pauline Souza, Claim No. 03-64                                   Referred to School Department

 

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

 

(By City Clerk)

Requesting to address the Council regarding an amendment to the Council Rules of Procedure pertaining to the order of business

 

The City Clerk asks the Council to consider amending the Rules of Procedure to make appointments at the beginning of the meeting, thereby asking the Appointee(s) to be present at the meeting and to be sworn in at that time.  Councilman Miranda voiced his concerns about a proposed appointee being embarrassed if the appointment was voted down, but the majority of the Council felt it would not be a problem.

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

 

COUNCIL MEMBERS

(By Councilman Isadore S. Ramos)

                        Requesting to revisit the City Charter regarding City Council and School Committee

                       

Dr. Ramos speaks about adding two At-Large Council members to the Council, making it a seven member Council, and the At-Large candidate receiving the most votes, become the Mayor.  He states that he wants the community to decide the issue.  Also, he says he wants the School Committee to revert back to At-Large seats, and says he hopes the Council will allow the people to make the decision.

 

Councilman Rogers responds by saying the Council is trying to control costs, and the size of the Council should be reduced rather enlarged.  He says it is not a good idea.

 

Councilman Harrington says he is excited about the changes taking place in the City, and thinks this issue should be looked at in 10-15 years.

 

Councilman Miranda disagrees with Councilman Ramos about the Councilmember at-large becoming the Mayor.  He says this is not the right time for a change like this.  He also says that he has always be in favor of having School Committee elected by wards.

 

Mayor Grant states that he thinks it is important that all politics are local.  He says that having representation by ward gives the citizens better access to their government. 

 

Councilman Ramos responds and says he wants people to know that the Council will not allow the taxpayers to make the decision.

 

It is suggested that a vote be taken.  Motion is made by Councilman Ramos, seconded by Councilman Rogers, to support Councilman Ramos’s request to have the question but on the ballot of the next election.  Roll call vote follows:

 

                        Councilman Harrington       Nay

                        Councilman Miranda          Nay

                        Councilman Ramos             Aye

                        Councilman Rogers            Nay

                        Mayor Grant                      Nay

 

                        The motion is defeated on a 4-1 vote.

 

Unanimous Consent is given to Mayor Grant who asks that the Servicemen and Women from East Providence be remembered during the Holidays, and urges all to send a card. He suggests that if anyone knows of someone serving overseas from East Providence, to notify the City Clerk with the name.

 

Mayor Grant also mentions that the Holiday Display Awards will be given out again this year for the best Holiday decorations throughout the city. 

 

Unanimous Consent is given to Councilman Harrington to read a letter from the Chamber of Commerce in support of the Waterfront Development.

 

1.         RESOLUTION OF THE CITY OF EAST PROVIDENCE CITY COUNCIL SUPPORTING THE COALITION PARTNERSHIP SUBMISSION  OF THE CITY OF EAST PROVIDENCE  AND  THE  RHODE ISLAND ECONOMIC DEVELOPMENT CORPORATION APPLICATION TO THE US ENVIRONMENTAL PROTECTION AGENCY  (EPA) FOR FUNDING OF $1,000,000 TO ESTABLISH A BROWNFIELDS REMEDIATION REVOLVING LOAN FUND IN THE CITY OF EAST PROVIDENCE 

 

WHEREAS, The City of East Providence’s waterfront redevelopment area currently contains numerous brownfields properties that are critical  to the economic redevelopment efforts of the City of East Providence as described within the City’s  Preliminary Draft Waterfront Special Development District Plan; and, 

 

WHEREAS,  These numerous properties cannot be re-used without proper remediation efforts utilizing acceptable practices established under the Rhode Island Department of Environmental Management Waste Management Program; and,

 

WHEREAS,   The City could facilitate and aid in the remediation and re-use of these significant properties if it were able to provide revolving loan funds to private parties to complete the cleanup of these properties; and,

WHEREAS, The remediation of significant economic development properties in the redevelopment area would act as a catalyst to promote further private investment in the restoration of the City’s extensive waterfront; and,

 

WHEREAS, the City recognizes the regional benefits of this project and the advantage in acting on this proposal as a regional coalition partner with the Rhode Island Economic Development Corporation RIEDC.

 

NOW, THEREFORE BE IT  RESOLVED by the City Council of the City of East Providence that in recognition of the importance of the waterfront in supporting future economic development activity, it fully supports the Proposal application for $1,000,000 in Revolving Loan Funds to the US Environmental Protection Agency by the City of East Providence and the Rhode Island Economic Development Corporation and urges that the Agency act favorably in its review of this application.             

RESOLUTION NO. 25

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

 

2.         RESOLUTION OF THE CITY OF EAST PROVIDENCE CITY COUNCIL SUPPORTING THE PROPOSAL APPLICATION TO THE US ENVIRONMENTAL PROTECTION AGENCY  (EPA) FOR FUNDING FOR A $200,000 CLEANUP GRANT TO BE USED TOWARD THE REMEDIATION OF THE FORMER OCEAN STATE STEEL PROPERTY  AT 300 BOURNE AVENUE

 

WHEREAS, the former Ocean State Steel property represents a significant opportunity for economic development  and tax revenue generation for the City of East Providence; and, 

 

WHEREAS,  the former Ocean State Steel  property requires environmental remediation to allow for the redevelopment of the property utilizing acceptable practices established under the Rhode Island Department of Environmental Management Waste Management Program, and,

 

WHEREAS,  the City has acquired the property for the purposes of remediation and redevelopment into a mixed use development which is currently referred to as the East Pointe development proposal; and,

 

WHEREAS, the City has entered into a Development Agreement and Ground Lease with the GeoNova Development Company, LLC to remediate the property and prepare the development for construction; and,  

 

WHEREAS,   the State of Rhode Island has designated the East Pointe Development proposal as a project of critical economic concern.

 

NOW, THEREFORE BE IT  RESOLVED by the City Council of the City of East Providence that in recognition of the importance of the East Pointe redevelopment project in supporting economic development and in the promotion of development activity generally in the East Providence Waterfront Special Development District, it fully supports the Proposal application for $200,000 in  Cleanup funds for the former Ocean State Steel property to the US Environmental Protection Agency and urges that the Agency act favorably in its review of this application.  

RESOLUTION NO. 26

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

 

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

 

INTRODUCTION OF ORDINANCES - (If given first passage, can be referred to the next regular Council meeting to be held on December 16, 2003 for a public hearing and consideration of final passage)

 

The following ordinance is intended to curb the growing geese and swan population by making it illegal to feed swans and geese and authorizes the issuance of a $10 fine to individuals who violate the ordinance.

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 3 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “ANIMALS”, which amends Article I entitled “In General” by adding thereto the following:

Sec. 3-17.  Violation of persons feeding waterfowl.

(a) No persons shall deposit, place, distribute, or leave any food items of any kind or nature on public property or property subject to the City right-of-way, or property subject to easement or other agreement giving the City control or use of the property, save and except in a receptacle provided by the City for that purpose.

 

(b) No person shall feed any animal, including but not limited to, birds or waterfowl, on public property, or property subject to the City right-of-way, or property subject to easement or other agreement giving the City control or use of the property.

 

(c) Any person who shall violate or fail to comply with any provision of this section shall be punished by a fine of not more than $10.00.

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

 

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

 

APPOINTMENTS

(By Mayor Rolland R. Grant)

Coastal Resources Management

George Redman           Arthur Street (02914)

 

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

 

Conservation Commission

William A. Barker         33 Don Avenue (02916)

(R)       Paul Capaldo    72 Circuit Drive (02915)

(R)       George Kent    154 Redland Avenue (02916)              

 

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

 

Economic Development


 

(R)       James W. Hammond    49 Scott Drive (02915)


(R)       Donald B. McLean       88 Brookfield Road (02914)


(R)       Robert Radway            14 Drowne Parkway (02916)


(R)       William Smith               66 Hazard Avenue (02914)

 

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

 

East Providence Housing Authority (Mayor’s Appt. - No Confirmation Required)


 

(R)       Anthony Palumbo         99 Goldsmith Avenue (02914)


(R)       Edward Sutton             3663 Pawtucket Avenue (02915)        

 

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

 

Juvenile Hearing Board


 

(R)       James Silva                   55 Firglade Avenue (02915)

 

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

 

Library Board of Trustees


 

(R)       Margaret Marcotte       14 Rice Avenue (02914)

 

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

 

Minimum Property Standards Board of Review

(R)       Charles K. Dwyer        432 Roger Williams Avenue (02916)

 

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

 

Recreation Advisory Board


 

(R)       Vincent Spremulli          115 Rice Avenue (02915)

 

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

 

Traffic Control

Charles Waldron          2 Seabrook Drive (02914)

Timothy Cullinan           73 Temple Drive (02915)

 

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

 

(By Councilman Patrick A. Rogers)

Historic Properties Designation and Study Commission


 

(R)       Claudette C. Field                    1474 Pawtucket Avenue (02916)


(R)       Nancy Moore                           14 Josephine Avenue (02916)

 

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

 

COMMUNICATIONS

John F. Conley, 115 Smith Street, Riverside, Rhode Island requesting an amendment to the Assistant City Manager ordinance requiring that future appointees have the same qualifications as those required of the City Manager, which includes graduation from an accredited four-year college or university, with a master’s degree in public administration, business administration, or a related field, and at least three (3) years of actual experience in a management level position in either the public or private sector.                                                

 

Mr. Conley is sworn in.  He explains his reasons for the amendment and the Council members respond, by saying they have no problem with it.  The City Solicitor will draft an amendment.

 

There being no further business, the meeting adjourns at 9:04 p.m.

 

                        Attest:

 

 

 

                        Valerie A. Perry, CMC

                        City Clerk                                Approved: December 16, 2003

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