| | CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING JANUARY 27, 2003 | |
The City Council meets in the Council Chamber on Monday, January 27, 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 | ) | |
| | | | |
| | Paul E. Lemont | ) | City Manager |
| | William J. Conley, Jr. | ) | City Solicitor |
| | Valerie A. Perry | ) | City Clerk |
The Invocation is read by Councilman Ramos and the Salute to the Flag is led by Councilman Miranda.
Angela Sansoucci, Merandi Reporting, is present to record the proceedings of the public hearing.
CONSENT CALENDAR
1. Approval of Council Journals
Regular Meeting - January 7, 2003
2. Coastal Resources Management Council - Cease and Desist Order
Property located at Map 415, Bl7, Parcel 4, 45 Seaview Avenue, East Providence
(Walter and Patricia Gilmore)
3. R.I.D.E.M.- Insignificant Alteration - No. 02-0331-
(Michael Bahry, 77 Martin Street, East Providence)
4. R.I.D.E.M.- Insignificant Alteration - No. 01-0409 - (City of East Providence)
5. R.I.D.E.M.- Insignificant Alteration - No. 02-0470
(Ken Foley, President, Pond View Recycling Co., Inc., One Dexter Rd. East Providence)
6. CANCELLATIONS /ABATEMENTS - Requested by Tax Assessor.
YEAR AMOUNT
2002 $ 16,840.38
7. Antique Show - March 22-23, 2003 - 2117 Pawtucket Avenue
Southeastern N.E. Antique Dealers Assoc. c/o Kenneth MacDonald
8. Alcoholic Beverage License - Cl F - February 8, 2003
Sacred Heart School PTO, 118 Taunton Avenue
9. Alcoholic Beverage License - Cl F-1 - May 2-3, 2003
St. Mary’s Academy - Bayview - 3070 Pawtucket Avenue
10. Memo dated January 10, 2003 from Assistant City Solicitor Gregory Dias re: Minimum Property Standards Board of Review
On motion of Councilman Miranda, seconded by Councilman Ramos, and on a roll call vote, it is unanimously voted to approve the Consent Calendar.
PROCLAMATIONS, PRESENTATIONS, INTRODUCTIONS
Mayor Grant presents Ronald Mathers with a Citation recognizing his years of service as Harbormaster for the City.
Citations are presented to the East Providence High School Superbowl Champions, along with their coaches and managers.
On motion of Councilman Miranda, seconded by Councilman Ramos, and on a roll call vote, it is unanimously voted to assist the East Providence School Committee and share the cost of the purchase of jackets for the Team Champions.
CITY COUNCIL SITTING AS LICENSING COMMISSIONERS
LICENSES REQUIRING PUBLIC HEARING
Alcoholic Beverage License - Cl B Full Privilege - Transfer
(Advertised - January 2, 9, 2003)
From E&E Restaurant Inc., dba 133 Club To T&T’s 133 Club Inc., dba 133 Club
29 Warren Avenue, East Providence, RI
Attorney Frank Lombardi is present along with his clients, Joyce and Anthony Andreozzi, 17 Curtis Lane, East Providence, Rhode Island who are sworn in by the Solicitor.
There is no one from the public wishing to be heard.
Letter of Objection - Arcaro, Belilove and Kolodney for Wayne Distributing Company is withdrawn.
On motion of Councilman Miranda, seconded by Councilman Ramos, and on a roll call vote, it is unanimously voted to approve, subject to approvals of Police Chief, Building Inspector, and Health Department.
LICENSES NOT REQUIRING PUBLIC HEARING
Victualing/Over 50 - Transfer
From E&E Restaurant Inc., dba 133 Club To T&T’s 133 Club Inc., dba 133 Club
29 Warren Avenue, East Providence, Rhode Island
On motion of Councilman Miranda, seconded by Councilman Harrington, it is unanimously voted to approve, subject to approvals of Police Chief, Building Inspector, and Health Department.
Dance/Entertainment - Transfer
From E&E Restaurant Inc., dba 133 Club To T&T’s 133 Club Inc., dba 133 Club
29 Warren Avenue, East Providence, Rhode Island
On motion of Councilman Miranda, seconded by Councilman Harrington, it is unanimously voted to approve, subject to approvals of Police Chief and Building Inspector.
3. Pool Tables (2)- Transfer
From E&E Restaurant Inc., dba 133 Club To T&T’s 133 Club Inc., dba 133 Club
29 Warren Avenue, East Providence, Rhode Island
On motion of Councilman Miranda, seconded by Councilman Harrington, it is unanimously voted to approve, subject to approvals of Police Chief and Building Inspector.
4. Pool Tables (2)- Sunday - Transfer
From E&E Restaurant Inc., dba 133 Club To T&T’s 133 Club Inc., dba 133 Club
29 Warren Avenue, East Providence, Rhode Island
On motion of Councilman Miranda, seconded by Councilman Harrington, it is unanimously voted to approve, subject to approvals of Police Chief and Building Inspector.
5. Victualing/Not over 25
Valdeci DeOliveira, dba Ponto Um Market - 234 Warren Avenue, East Providence, RI
Valdeci DeOliveira, 332 Broadway, Everett, Massachusetts is present and sworn.
On motion of Councilman Miranda, seconded by Councilman Ramos, it is unanimously voted to approve, subject to approvals of Police Chief, Building Inspector, and Health Department.
6. Sunday/Holiday Sales
Valdeci DeOliveira, dba Ponto Um Market - 234 Warren Avenue
On motion of Councilman Miranda, seconded by Councilman Ramos, it is unanimously voted to approve, subject to approvals of Police Chief, Building Inspector, and Health Department.
7. Victualing/Not over 25
DIB Corporation, dba Willett Avenue Getty - 732 Willett Avenue
Najib Dib, 6 Squire Lane, East Providence, 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 Police Chief, Building Inspector, and Health Department.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
NEW BUSINESS
CITY MANAGER
1. Ten Mile River Fish Restoration Project
The item is deferred to the next Council Meeting, to be held on February 4, 2003.
2. Requesting Council approval to award contract for Lease/Purchase Financing for Police Vehicles.
Councilman Rogers questions Mr. Lemont about the safety of the Crown Victorias. Mr. Lemont states that he assurances that deficiencies will be taken care of.
On motion of Councilman Miranda, seconded by Councilman Rogers, and on a roll call vote, it is unanimously voted to award the contract to the low bidder Sun Trust Leasing Corporation of Towson, MD.
3. Requesting Council approval for Award of Contract for Construction of the Rose Larisa Memorial Park
Councilman Ramos voices his objections to spending $1 million for a park when City children don’t have Soccer fields. He says he wants to know what it is going to cost taxpayers for the upkeep of the park.
Councilman Rogers responds by saying the park is a great investment and is funded overwhelmingly by Federal funds. He says the upkeep will relatively small and that he supports it.
Councilman Harrington says that he won’t vote against something that was created by the previous Council.
Mayor Grant states that he feels as though the park shouldn’t be named after a single individual, that it should be named after the five people who worked hard to preserve the land for the City.
After further discussion, Councilman Miranda asks Mayor Grant to name Councilman Ramos to the Soccer Task Force Committee. Councilman Ramos says he has no problem with the appointment, but it does not change his mind about the park.
On motion of Councilman Rogers, seconded by Councilman Harrington, a roll call vote is taken to award the contract to Yard Works, Inc.:
| Mr. Harrington | Aye |
| Mr. Miranda | Aye |
| Dr. Ramos | Nay |
| Mr. Rogers | Aye |
| Mayor Grant | Nay |
Motion passes 3-2.
4. Requesting Council pre-qualification approval for Infiltration and Inflow Remediation Program’s Pipeline Rehabilitation
On motion of Councilman Miranda, seconded by Councilman Rogers, and on a roll call vote, it is unanimously voted to approve.
City Manager’s Report
Mr. Lemont reports that the Bentley Street garage is being cleared and will be able to be torn down shortly. He requests the Council to refer the building and grounds to the Planning Department for disposal of the property.
Councilman Miranda says he wants it understood that the neighbors will be able to bid on the property and does not want a contractor coming in to put up duplexes. Mr. Conley states that at the time when the issue was addressed, the Council voted to put deed restrictions on the property that single family homes only would be allowed to be built on the property.
Councilman Rogers asks if there is any way to give existing property owners discretion. Mr. Conley states that when the City sells real estate, the Council has the right to exercise discretion.
On motion of Councilman Miranda, seconded by Councilman Rogers, and on a roll call vote, it is unanimously voted to refer to the Planning Department.
Mr. Lemont asks for Executive Session at the end of the meeting to report on the negotiations with the Court Clerks.
On motion of Councilman Miranda, seconded by Councilman Harrington, it is unanimously voted to defer to the end of the meeting.
b. REPORTS OF OTHER CITY OFFICIALS
(By William J. Conley, Jr., City Solicitor)
Claims and Litigation Committee Report
| BOOTH, JOAN, Claim No. 02-47 | Denied |
| BELL, GEORGE, Claim No. 02-68 | Approved |
| FERREIRA, CARLOS & JULISA, Claim No. 02-69 | Approved |
| NATIONWIDE MUTUAL INS. CO. | |
| (Ins. Leonard Sousa) Claim No. 02-70 | Refer to Ins. Carrier |
| OLIVEIRA, PAULA, Claim No. 02-73 | Approved |
| BODELL, BRIAN & MELISSA, Claim No. 03-01 | Approved |
| Pond View Recycling, Inc. - DEM License for Construction & Demolition Debris Processing Facility - | Not to appeal decision of Department of Environmental Management to issue license |
On motion of Councilman Miranda, seconded by Councilman Harrington, and on a roll call vote, it is unanimously voted to accept as presented.
c. COUNCIL MEMBERS
(By Councilman Patrick A. Rogers)
Personnel Matters/Executive Session
Councilman Rogers asks to defer to the end of the meeting.
On motion of Councilman Rogers, seconded by Councilman Ramos, it is unanimously voted to defer to the end of the meeting.
d. 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 and states that this is the resolution authorizing him to borrow money to alleviate the cash flow problem that exists in the wastewater fund. He says this will allow us time to pay our bills but will only be a band-aid to borrow time to borrow money.
On motion of Councilman Ramos, 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 February 4, 2003 for a public hearing and consideration of final passage)
1. AN ORDINANCE IN AMENDMENT OF CHAPTER 13 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “PUBLIC PLACES.”, which amends SECTION I. Subsection (a) of Sec. 13-37 entitled Membership; appointment and terms of members; honorary members.” to read as follows:
(a) The Ancient Little Neck Cemetery Commission shall consist of five members, each of whom shall be a qualified elector of the city at the time of his appointment and during his incumbency. The members shall be appointed by the mayor with the advice and consent of the council. The members of the commission shall serve for a term of office concurrent with that of the council or until a successor is appointed and qualified.
The terms of incumbent members of the Ancient Little Neck Cemetery Commission shall expire upon the effective date of this ordinance and the vacancies created by the expiration of said terms shall be filled in accordance with the above paragraph.
SECTION II. Subsection (2) of Sec. 13-82 entitled “Compensation and appointments; powers and duties; membership.” of Chapter 13 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Public Places” is amended to read as follows:
(2) Appointments. Members shall be appointed by the city council for a term of office concurrent with that of the council or until a successor is appointed and qualified.
The terms of incumbent members of the harbor management commission shall expire upon the effective date of this ordinance and the vacancies created by the expiration of said terms shall be filled in accordance with the above paragraph.
SECTION III. Subsection (e) of Sec. 13-191 entitled “Created; composition; appointment of members; vacancies.” of Chapter 13 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Public Places” is amended to read as follows:
(e) The five members of the advisory recreation board appointed by the council pursuant to subsection (c) of the section shall be appointed for a term of office concurrent with that of the council or until a successor is appointed and qualified.
The terms of incumbent members of the advisory recreation board shall expire upon the effective date of this ordinance and the vacancies created by the expiration of said terms shall be filled in accordance with the above paragraph.
On motion of Councilman Rogers, seconded by Councilman Ramos, it is unanimously voted to dispense with the reading of the ordinance.
Councilman Ramos speaks on the ordinance and his reasons for wanting to change the terms for members of various Boards and Commissions. He says the Council members are elected for two year terms, and they should not have to live with appointments made by other Councils. He makes a motion to approve, which is seconded by Councilman Rogers for discussion.
Councilman Harrington speaks on the ordinance and says that as a member of the Zoning Board of Review, it took him some time to learn all the responsibilities of the position.
Councilman Rogers says it will cause chaos and will not serve the City well.
Councilman Ramos says he is not talking about taking anyone off, but everyone should have two year appointments. If a person is doing a good job, they can be reappointed.
Councilman Miranda says he cannot support the ordinance.
After further discussion, a roll call vote is taken on the motion.
| Mr. Harrington | Nay |
| Mr. Miranda | Nay |
| Dr. Ramos | Aye |
| Mr. Rogers | Nay |
| Mayor Grant | Nay |
The motion is defeated 4-1.
Dr. Ramos offers to withdraw the remaining ordinances. It is decided that the titles will be read into the record.
2. AN ORDINANCE IN AMENDMENT OF CHAPTER 4 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “BUILDINGS AND BUILDING REGULATIONS.” which amends: Sec. 4-70 entitled “Terms of members; filling vacancies.” of Chapter 4, entitled “Buildings and Building Regulations” to read as follows:
The members and the alternate of the property standards board of review shall be appointed to serve for a term of office concurrent with that of the council or until a successor is appointed and qualified. The mayor, with the approval of the council, shall appoint a member or alternate of the board to fill any unexpired term if a vacancy occurs.
The terms of incumbent members of the property standards board of review shall expire upon the effective date of this ordinance and the vacancies created by the expiration of said terms shall be filled in accordance with the above paragraph.
The following ordinance changes the terms of office for members of the Personnel Hearing Board and Affirmative Action Committee to run concurrent with the Council or until a successor is appointed and qualified. (Requested by Councilman Ramos)
3. AN ORDINANCE IN AMENDMENT OF CHAPTER 11 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “PERSONNEL.”, which amends: SECTION I. Sec. 11-28 entitled “Appointment and terms of members.” of Chapter 11 “Personnel” to read as follows:
The members of the hearing board shall be appointed by the city council for a term of office concurrent with that of the council or until a successor is appointed and qualified. A person appointed to fill a vacancy occurring prior to the expiration of such term shall be appointed for remainder of the term.
The terms of incumbent members of the personnel hearing board shall expire upon the effective date of this ordinance and the vacancies created by the expiration of said terms shall be filled in accordance with the above paragraph.
SECTION II. Subsection (b) of Sec. 11-153 entitled “The affirmative action committee.” of Chapter 11 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Personnel” is amended to read as follows:
b) The committee shall consist of the three members of the personnel hearing board, as well as six appointed members of the citizenry, among whom shall be at least one woman and representatives of minority groups. These citizens shall serve after appointment by the city council for a term of office concurrent with that of the council or until a successor is appointed and qualified. A member may be removed for cause upon a vote of the city council. The affirmative action committee shall elect two officers, a chair and vice-chair who shall serve in these positions for one year. The director of personnel and the affirmative action officer shall be ex officio members of this committee.
The terms of incumbent members of the affirmative action committee shall expire upon the effective date of this ordinance and the vacancies created by the expiration of said terms shall be filled in accordance with the above paragraph.
The following ordinance changes the terms of office for members of the Committee on Highway Safety to run concurrent with the Council or until a successor is appointed and qualified. (Requested by Councilman Ramos)
4. 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 Subsection (b) of Sec. 18-32 entitled “Membership; appointment and term.” to read as follows:
(b) The members of the committee on highway safety shall be appointed by the mayor, with the advice and consent of the city council, and shall serve for a term of office concurrent with that of the council or until a successor is appointed and qualified.
The terms of incumbent members of the committee on highway safety shall expire upon the effective date of this ordinance and the vacancies created by the expiration of said terms shall be filled in accordance with the above paragraph.
The following ordinance changes the terms of office for members of the Carousel Park Commission, Economic Development Commission, Historic Properties Designation and Study Commission, Planning Board, Juvenile Hearing Board, Housing Advisory Commission; Senior Citizens Advisory Board; and Beautification Commission to run concurrent with the Council or until a successor is appointed and qualified. (Requested by Councilman Ramos)
5. 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:
SECTION I. Sec. 2-53 entitled “Compensation; terms; vacancies; removal of members.” 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:
Members of the carousel park commission shall serve without compensation. The members appointed by the city council shall serve a term of office concurrent with that of the council or until a successor is appointed and qualified. The city manager and the superintendent of schools shall serve for and during their terms of office. Alternate members shall serve a term of office concurrent with that of the council or until a successor is appointed and qualified. Vacancies caused by the resignation, death, or for any other reason shall be filled in the same manner set for the selection of the initial appointments. The council, may by a four-fifths vote, remove any public member of the commission from office whenever, in its discretion, the best interests of the city shall be served thereby.
The terms of incumbent members of the carousel park commission shall expire upon the effective date of this ordinance and the vacancies created by the expiration of said terms shall be filled in accordance with the above paragraph.
SECTION II. Sec. 2-117 to read as follows:
The members of the economic development commission shall be appointed by the mayor, subject to approval by the city council, and shall serve without compensation for a term of office concurrent with that of the council or until a successor is appointed and qualified. The mayor, with the advice and consent of the council, shall have the authority to reappoint members.
The terms of incumbent members of the economic development commission shall expire upon the effective date of this ordinance and the vacancies created by the expiration of said terms shall be filled in accordance with the above paragraph.
SECTION III. Sec. 2-153 to read as follows:
The members of the Historic Properties Designation and Study Commission shall serve a term of office concurrent with that of the council or until a successor is appointed and qualified. The terms of office of this commission shall continue to any successor commission created by the city council upon the recommendation of this commission based upon this commission's report to the council as hereinafter provided.
The terms of incumbent members of the Historic Properties Designation and Study commission shall expire upon the effective date of this ordinance and the vacancies created by the expiration of said terms shall be filled in accordance with the above paragraph.
SECTION IV. Subsections (a) and (b) of Sec. 2-168 entitled “Appointment of first members; term of office; vacancies; removal from office.” to read as follows:
(a) The four members of the city council who are elected by ward shall appoint one qualified elector of the city from their ward to the planning board subject to approval by a majority of the city council; the remaining at-large member of the council shall appoint one qualified elector of the city to the planning board subject to approval by a majority of the council. The members of the planning board appointed by the city council shall serve a term of office concurrent with that of the council or until a successor is appointed and qualified.
The terms of incumbent members of the planning board shall expire upon the effective date of this ordinance and the vacancies created by the expiration of said terms shall be filled in accordance with the above paragraph.
(b) In case any vacancy shall occur in the board for any cause, the vacancy shall be filled in the manner provided above, and the appointed shall served for and during the unexpired term of his predecessor.
SECTION V. Sec. 2-181 entitled “Composition of board.” 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:
The membership of the juvenile hearing board shall consist of five persons over the age of 21 years to be appointed by the city council of the city, all of whom shall be residents of the city. The members of the juvenile hearing board shall serve a term of office concurrent with that of the council or until a successor is appointed and qualified. In the event of a vacancy occurring in the office of a member by death, resignation or otherwise, such vacancy shall be filled in like manner as the original appointment, but only for the remainder of the term of the former member. No member of the juvenile hearing board shall be entitled to receive any compensation by reason of his service on the board.
The terms of incumbent members of the juvenile hearing board shall expire upon the effective date of this ordinance and the vacancies created by the expiration of said terms shall be filled in accordance with the above paragraph.
SECTION VI. Sec. 2-186 entitled “Compensation; terms and vacancies.” to read as follows:
Members of the Housing Advisory Commission shall serve with out compensation. The commission members appointed by the city council shall serve a term of office concurrent with that of the council or until a successor is appointed and qualified. Vacancies caused by resignation, death or for any other reason shall be filled in the same manner set forth for the selection of the initial appointments, and for the unexpired term of the resignee.
The terms of incumbent members of the housing advisory commission shall expire upon the effective date of this ordinance and the vacancies created by the expiration of said terms shall be filled in accordance with the above paragraph.
SECTION VII. Sec. 2-190 entitled “Membership; appointment of members; terms; vacancies.” to read as follows:
(a) The land trust shall be administered by seven trustees, five of whom shall be appointed by the city council, one of whom shall be a member of and selected by the planning board, and one of whom shall be a member of and selected by the conservation commission. Each of the trustees shall be appointed for a term of office concurrent with that of the council or until a successor is appointed and qualified.
The terms of incumbent members of the land trust shall expire upon the effective date of this ordinance and the vacancies created by the expiration of said terms shall be filled in accordance with the above paragraph.
(b) All vacancies occurring during a term shall be filled in the same manner set forth in subsection (a) of this section and shall be filled for the unexpired term.
SECTION VIII. Sec. 2-197 entitled “Appointment and terms.” to read as follows:
Members of the Senior Citizens Advisory Board shall serve for a term of office concurrent with that of the council or until a successor is appointed and qualified. The four members of the city council who are elected by ward shall each appoint three qualified electors of the city from their ward to the senior citizens' advisory board, one who shall be a senior citizen and one who shall be a non-senior citizen and at least one who does not reside in any of the facilities listed below; the remaining at-large member of the city council shall appoint three qualified electors of the city to the senior citizens' advisory board, one who shall be a senior citizen and one who shall be a non-senior citizen and at least one who does not reside in any of the facilities listed below. The residents of each of the following facilities shall by majority vote appoint a qualified elector of the city from each of the following elderly housing facilities: City View Manor, Goldsmith Manor, Harbor View, United Methodist Retirement Center, Taunton Plaza, Rumford Towers I, Rumford Towers II, Redfern Grove Apartments, Riverside House, Parkway Towers, Crescent View Manor; five from the council of the elderly of the city; one from Self-Help, Inc.; one from East Bay Geriatric Center and one from the American Association of Retired Persons.
The terms of incumbent members of the senior citizens advisory board shall expire upon the effective date of this ordinance and the vacancies created by the expiration of said terms shall be filled in accordance with the above paragraph.
SECTION IX. Sec. 2-203 entitled “Appointment of terms” to read as follows:
The members of the beautification commission shall be appointed as follows: Each member of the city council who is elected by ward shall be entitled to appoint four members to the commission who reside within their respective ward and the member of the council who serves at-large shall be entitled to appoint four members who reside anywhere within the city. A member of commission may be reappointed. The members of the commission shall serve for a term of office concurrent with that of the council or until a successor is appointed and qualified. All 20 members of the commission shall serve without compensation.
The terms of incumbent members of the beautification commission shall expire upon the effective date of this ordinance and the vacancies created by the expiration of said terms shall be filled in accordance with the above paragraph.
(Requested by Councilman Ramos)
Motion to approve the above ordinances is made by Councilman Ramos, seconded by Councilman Harrington. Roll call vote follows:
| Mr. Harrington | Nay |
| Mr. Miranda | Nay |
| Dr. Ramos | Aye |
| Mr. Rogers | Nay |
| Mayor Grant | Nay |
The motion is defeated on a 4-1 vote.
6. 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 adds:
ARTICLE VII. - Department of Communication, Management Information Services and Homeland Security
Sec. 2-290 Established; qualifications of director.
There shall be a Department of Communication, Management Information Services and Homeland Security, the head of which shall be known as the Director of Communication, Management Information Services and Homeland Security who shall be qualified by special training and experience in matters related to municipal communication, management information systems and public safety.
Sec. 2-291 Duties of director of communication, management information services and homeland security.
The Director of Communication, Management Information Services and Homeland Security shall be the administrative head of the department of Communication, Management Information Services and Homeland Security who, in addition to other duties fixed by the City Manager or the City Council, shall be responsible for the administration of the Central Communication system of the city, the management information systems of the city and shall serve as the Emergency Management Director and shall prepare a fiscal department budget which shall set forth the necessary funds for the department.
(Requested by the City Manager)
Mr. Lemont speaks on the ordinance and offers his explanation for the creation of a new department. He says he has heard a lot of rumors and discussion about the proposal and because he believes the issue is dead on arrival, he asks to withdraw it.
Councilman Rogers says he believes the Council should not let the newspapers dictate policy of the City and the policy should be set by the votes of the Council members. For the purpose of a vote, Councilman Rogers makes the motion to vote on the ordinance, seconded by Councilman Ramos. Roll call vote follows:
| Mr. Harrington | Nay |
| Mr. Miranda | Abstain |
| Dr. Ramos | Nay |
| Mr. Rogers | Nay |
| Mayor Grant | Aye |
The motion is defeated on a 3-1 vote with 1 abstention.
The following ordinance increases the fixed meter charge portion of the sewer charge for a 5/8 meter to $40.00 annually, and increases the water consumption portion of the sewer charge to $2.70 per hundred cubic feet.
7. 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 2 | 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 $2.70 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.
The Council enters into a discussion regarding the ordinance. Councilman Harrington makes a suggestion that all Departments be asked to cut their budgets by 5%. Mr. Lemont responds by saying that he asked the Department Heads last year to cut their budgets by 5%.
The Finance Director explains the reason for the increase and emphasizes that the wastewater deficit continues to grow, and this increase is to address the deficit.
Following further discussion, motion to approve is made by Councilman Rogers, seconded by Councilman Miranda. Roll call vote follows:
| Mr. Harrington | Nay |
| Mr. Miranda | Nay |
| Dr. Ramos | Nay |
| Mr. Rogers | Aye |
| Mayor Grant | Aye |
The motion is defeated on a 3-2 vote.
Unanimous Consent - Councilman Miranda
Mr. Miranda announces that today is Mayor Grant’s Birthday.
f. APPOINTMENTS
(By Councilman Daniel F. Harrington)
Tax Board of Review
Trish Harrington 19 Windmill Lane (02916)
On motion of Councilman Miranda, seconded by Councilman Ramos, it is unanimously voted to approve.
COMMUNICATIONS
Maryann Matthews requests the Council to revisit and expedite the waterfront redevelopment authority as the city manager and planning office seems to be the current authority.
Request special public hearing on Affirmative Action and Human Relations/Civil Review Commission Issues and Concerns requested by the EPMPC.
Mayor Grant suggests that Ms. Matthews check with the Clerk about putting it on a future docket. Councilman Rogers also suggests that she contact a Council member about putting it on under a Councilman’s name.
Mr. Conley says there are two matters that were deferred regarding Executive Session.
1. Motion is made by Dr. Ramos and seconded by Mr. Miranda to go into Executive Session in accordance with Section 42-46-5 of the “exceptions” of Chapter 46 of the General Laws, pursuant to Section 42-46-5-(a)(2)[Collective Bargaining, to discuss negotiations. The motion passes unanimously on a roll call vote.
2. Mr. Conley says the matter requested by Councilman Rogers regarding the job performance of the City Manager requires (under the Open Meetings Law) written notice in advance of the meeting to the individual who is the subject of the discussion, and that the notice must specifically advise that person that they may require that the discussion be held in open meeting, and that the act requires that the record of the open session specifically demonstrate that the requirements of notice have been met. He says as a result of that, he has provided the City Manager with a notice dated January 27, 2003, and a copy was provided to the Clerk to satisfy the requirements of the statute.
Mr. Rogers makes a motion to go into Executive Session to discuss the job performance of the City Manager, following the discussion of negotiations. Dr. Ramos seconds the motion. Roll call vote follows:
| Mr. Harrington | Aye |
| Mr. Miranda | Nay |
| Dr. Ramos | Aye |
| Mr. Rogers | Aye |
| Mayor Grant | Aye |
Motion carries 4-1.
Mayor Grant asks if the Open Meeting comes now. Mr. Conley replies that the City Manager may advise the Council whether or not he wants the meeting in open session. Mr. Lemont responds. He states that he just received the letter this evening when he arrived and he has not had a chance to prepare. He does want the matter to be discussed in an open meeting after he has had a chance to retain Counsel. Mr. Rogers recommends serving the notice again tomorrow to the City Manager and the matter can be put on the docket at the next Council meeting.
The open meeting recesses at 10:05 p.m. and the Council goes into Executive Session.
The open meeting reconvenes at 10:20 p.m. with all Council members present.
Mr. Conley reports that the Council voted to allow the Court Clerks into the Steelworkers Bargaining Group and the Court Administrator will be part of the EPPMTEA.
On motion of Mr. Miranda, seconded by Dr. Ramos, it is unanimously voted on a roll call vote to negotiate with the two Bargaining Groups.
The meeting adjourns at 10:22 p.m.
Attest:
Valerie A. Perry, CMC-
City Clerk
Approved: February 18, 2003