CITY OF EAST PROVIDENCE

 

RHODE ISLAND

JOURNAL OF REGULAR COUNCIL MEETING

DECEMBER 16, 2003

 

The City Council meets in regular session in the Council Chamber on Tuesday, December 16,  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

                        Gregory S. Dias                        )           Acting City Solicitor

 

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

 

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

 

CONSENT CALENDAR

1.         Approval of Council Journals

            Regular Meeting - December 2, 2003                          

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

            YEAR             AMOUNT

            2003                $42.29

3.         CANCELLATION/ABATEMENTS - Tax Board of Review

            YEAR             AMOUNT

            2003                $1,080.18

4.         Victualing - N/Over 25 - Transfer of Name Only

From Alexander Sterpis, dba Marco Poli Deli & Café to Spasta Corp., dba East Bay Pizzeria - 68 Taunton Avenue

Addendum     

5.         Alcoholic Beverage License - Class F - December 31, 2003

            St. Martha’s Church     2595 Pawtucket Avenue          

 

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

 

APPOINTMENTS

(By Mayor Rolland R. Grant)

1.         East Providence Housing Authority

            JoAnn Harry                 135 Vincent Avenue (02914)

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

 

2.         Historic Properties Commission

            Dean Martineau            195 Brightridge Avenue (02914)

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


 

3.         (By Councilman Daniel F. Harrington)

            Carousel Park Commission

            Richard J. Mercier        65 Cul de Sac Way (02915)

            Catherine N. Allen        67 Fenwick Street (02915)       (Alternate Member)     

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

 

CITY COUNCIL SITTING AS LICENSING COMMISSIONERS

 

LICENSES REQUIRING PUBLIC HEARING

Advertised - E.P. Post Nov. 27 & Dec. 4, 2003

 

1.         Alcoholic Beverage - Transfer of Class - From Class B Limited to B Full Privilege

            K&G Enterprises, Inc., dba Restaurant La Camelia, 92 Waterman Avenue

 

            Kevork Moukhtarian, 336 Anthony Street, Seekonk, Massachusetts is present and sworn.

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

 

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

 

2.         Alcoholic Beverage - Class A Retailer - Transfer

            From Jordan’s Beverage Store, Inc., dba Jordans Liquors

            To Elizabeth & Alan V. Trow, dba Jordan’s Liquor - 199 Taunton Avenue

 

Subject to approvals of Police Chief, Building Inspector, Tax Collector, Division of Taxation, and the withdrawal of all objections

 

Letter of objection by Martignetti Companies of Rhode Island dated December 3, 2003

Letter of objection by McLaughlin & Moran, Inc., dated December 9, 2003

 

The City Clerk informs the Council that the petitioner has requested a deferral until the next meeting.

 

On motion of councilman Ramos, seconded by Councilman Harrington, it is unanimously voted to defer.

 

3.         Alcoholic Beverage - Class B Limited

            Two Brothers Pizza, Inc., dba Two Brothers House of Pizza - 1175 Warren Avenue

 

            Ana L. Barbosa, 109 Chapin Street, Pawtucket, Rhode Island is present with her attorney.

            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.

 

LICENSES NOT REQUIRING PUBLIC HEARING

           

Victualing - N/Over 25

Wings and Things, Inc., dba Wings and Things - 218 Willett Avenue

Neal Boyce, 12 Firglade Avenue, Riverside, Rhode Island is present and sworn.

 

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

 

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL

 

PUBLIC HEARINGS

ORDINANCES - FINAL PASSAGE (Given first passage December 2, 2003)

Advertised - Providence Journal - December 5, 2003

 

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.                      CHAPTER NO.  294

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

 

NEW BUSINESS

CITY MANAGER

Requesting approval to award contract for the demolition of 75 James and Tristam Burges School to the lowest responsive bidder Ocean State Wrecking.

Mr. Conley requests that the contract for the demolition of Tristam Burges School be deferred at this time, and that the Council approve the awarding of the contract for the demolition of 75 James Street to the low bidder Ocean State Wrecking.

 

On motion of Councilman Ramos, seconded by Councilman Miranda, it is unanimously voted to defer the Tristam Burges School demolition contract.

 

On motion of Councilman Miranda, seconded by Councilman Rogers, and on a roll call vote, it is unanimously voted to award the contract for the demolition of 75 James Street to the low bidder, Ocean State Wrecking.

 

Snow Removal Report

Mr. Conley reports on the recent snow storm, which was the largest snow storm in December on record.  He said that the intensity of the storm taxed the City’s fleet and the results were disappointing.  He went on to say that he was not disappointed in the City’s personnel, as they worked very hard during the storm.  He highlights areas where improvements will be made.

 

Councilman Harrington says he appreciates the patience showed by his constituents in Riverside and thinks they handled the situation well.  Councilman Miranda says the same. 

 

Unanimous Consent

Mr. Conley reports that he has appointed Lt. Donald Dubois as the next Deputy Chief of Police.

 

REPORTS OF OTHER CITY OFFICIALS

Claims and Litigation Committee Report

Joyce Costa, Claim No. 03-66                         Refer to Insurance Carrier

Metlife Auto & Home, Claim No. 03-65-         Refer to Insurance Carrier

(Insured: William Carlow)

 

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

                       

            (By Valerie A. Perry, City Clerk)

Requesting that the City Council meet in the Council Chamber at 7:30 p.m. on the following dates in 2004:

 

January 6, 2004

May 4, 2004

October 5, 2004

January 20, 2004

May 18, 2004

October 19, 2004

February 3, 2004

June 1, 2004

November 9, 2004**

February 17, 2004

June 15, 2004

November 16, 2004

March 2, 2004

July 13, 2004

December 1, 2004***

March 16, 2004

August 10, 2004

December 7, 2004

April 6, 2004*

September 7, 2004

December 21, 2004

April 20, 2004

September 21, 2004

 

 

*April 6, 2004 - Passover       

**November 9, 2004 - Regular meeting date of November 2, 2004 is date of Election 

***December 1 - Inauguration of newly elected City Council - (City Charter Sec. 2–7).

 

Councilman Harrington requests the March 16th meeting be moved to March 23, 2004.

 

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

 

COUNCIL MEMBERS

(By Councilman Norman J. Miranda)

            Road Paving

Councilman Miranda says that during the storm, some streets in Ward 2 were left undone because the road paving had not been completed before the storm.  He asks that the bids go out in February to assure that the work will be completed by November 1st. 

 

(By Councilman Patrick A. Rogers)

            1. New City Manager Selection and Recruitment Process.

 

Councilman Rogers presents a plan for the recruitment process for the next City Manager.  He says his proposal includes 1) a timeline of January 1, 2004 to February 27, 2004 for the application period; 2) a compensation of $100,000 - $125,000 plus a compensation package and a 3-4 year employment contract; conduct an agressive employment campaign and concentrate in Northeast, particularly Southeastern New England; 4) have a citizen link; 5) use the same questions that the Search Committee used.  The final interviews will be held in a public meeting, and a status report will be given at every meeting.  Councilmen Rogers and Harrington will be in charge of the process.

 

Councilman Harrington reads a prepared statement.  He thanks members of the City Manager Search Committee for their work, and says their work will be used in the continuation of the process.   

 

Councilman Ramos states that he has no problem with the presentation, but he has a problem with the time.  He says he does not believe that the Council needs to come up with more money to get a better client.  He also states that what happened in the previous search was not the fault of the Council, but of the company that conducted the background checks.

 

Councilman Miranda says he won’t take any blame for the previous search, and says he agrees that the Council needs to offer more money for the City Manager position.  He says he agrees to let Councilmen Rogers and Harrington take the lead in the process.

 

Councilman Ramos asks who will interview the candidates and Councilman Rogers responds by saying the entire Council will interview.  Councilman Miranda says that he too wants to be involved in the process and he is not backing off that portion of the process. 

 

Discussion takes place on a contract for the City Manager.  Mayor Grant states there never was a contract for a City Manager.  Councilman Rogers says it will be difficult to get someone without some kind of contract.

 

After further discussion, a motion is made by Councilman Miranda, seconded by Councilman Harrington, to approve the recommendations made by Councilman Rogers.  A roll call vote follows:

 

                        Councilman Harrington         Aye

                        Councilman Miranda             Aye

                        Councilman Ramos                Nay

                        Councilman Rogers               Aye

                        Mayor Grant                          Aye

                        The motion passes 4-1.

 

2. Resolution requesting East Providence Legislative Delegation to Introduce Legislation regarding high-tension transmission lines affecting East Providence Waterfront Development Plans.

At the request of Councilman Rogers, the item is deferred to the next meeting.

           

(By Councilman Isadore S. Ramos)

            Blue Cross

Councilman Ramos says he has learned that there are 3 people who never lived or worked in the City of East Providence who are on the City’s Blue Cross plan.  He says he wants a report from the City Manager as to how long and the number of years this has been going on, and how many people brought claims against the City.  He also says he wants these people removed immediately.

 

Mr. Conley will prepare a report on the issue and present it at the next Council meeting.

 

INTRODUCTION OF ORDINANCES - (If given first passage, can be referred to the next regular Council meeting to be held on January 6, 2004 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 Article X entitled ““Stopping, Standing and Parking.”” Subsection 18-315 entitled ““Reserved parking designated––Handicapped parking.”” by adding the following:

 

            CENTRAL AVENUE (north side) in front of house number 94.

(Requested by the Director of Public Works)

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

 

Unanimous Consent - Councilman Miranda

Councilman Miranda congratulates the East Providence High School football team for winning the 2003 Superbowl Championship.  He suggests paying for ½ of the cost for jackets for the team members.  On motion of Councilman Rogers, seconded by Councilman Ramos, it is unanimously voted to approve.

 

Unanimous Consent - Councilman Rogers

Councilman Rogers announces that the groundbreaking for the GeoNova site will be held on Friday, December 19 at 9:00 A.M.  He says the public is invited to attend.

 

Unanimous Consent - Mayor Grant

Mayor Grant gives an update on the Canadian Drug process.  He says the City is not doing anything illegal and all that the Task Force is doing is providing information to people on how they can obtain the drugs.

 

            Mayor Grant extends Seasons Greetings to all.

 

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 Article IV entitled “Officers and Employees,” Subsec. 2-228 entitled “Appointment of Assistant City Manager” to read as follows:

 

(c) The Assistant City Manager shall be a graduate of an accredited four-year college or university and (i) hold a master’s degree in public administration, business administration, or a related field or (ii) be enrolled in and earning credits toward a master’s degree in public administration, business administration, or a related field from an accredited college or university.  The Assistant City Manager shall have prior experience in a management level position in either the public or private sector.

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

Councilman Ramos says this ordinance changes his whole concept of what he believed the ordinance was about.  He said the he believed the original ordinance was a Title change and stipend for Mr. Conley as Assistant City Manager.  He says he will vote against this portion of the ordinance because it creates a new position.   

 

Councilman Rogers says this has nothing to do with the Charter and it was a new office that was created.  He says the purpose of this ordinance is to make sure future candidates have proper qualifications and elevates the standards of the Assistant City Manager. 

 

Following further discussion, motion to approve for First Passage is made by Councilman Rogers, seconded by Councilman Miranda.  Roll call vote follows:

 

                        Councilman Harrington       Aye

                        Councilman Miranda            Aye

                        Dr. Ramos                              Nay

                        Councilman Rogers               Aye

                        Mayor Grant                           Aye

 

                        The motion passes 4-1.

 

            There being no further business, the meeting adjourns at 9:25 p.m.

                       

            Attest:

                        __________________________

                        Valerie A. Perry, CMC

                        City Clerk                                Approved: January 6, 2004

APPOINTMENTS
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