| | CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR CITY COUNCIL MEETING MARCH 18, 2003 | |
The City Council meets in the Council Chamber on Tuesday, March 18, 2003 and is called to order at 7:40 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 Harrington.
CONSENT CALENDAR
1. Approval of Council Journals
March 4, 2003 - Regular Meeting
2. Tag Days - Knights of Columbus #1528 Tootsie Roll Drive - April 10, 11, 12, 2003
3. Alcoholic Beverage - Cl F - March 22, 2003
St. Martha’s Church - 2595 Pawtucket Avenue
1. Alcoholic Beverage - Cl F - March 29, 2003 - Sacred Heart Church - 118 Taunton Avenue
On motion of Councilman Rogers, seconded by Councilman Harrington, and on a roll call vote, it is unanimously voted to approve the Consent Calendar.
PROCLAMATIONS, PRESENTATIONS, INTRODUCTIONS
Mayor Grant presents Citations to the following in recognition of their efforts in helping with the recent West Warwick fire: Sgt. John Sequeira, Patrol Officer David Pacheco, Detective Corporal Lawrence Skelton, Detective Corporal Robert Enos, and Patrol Officer Christopher Francisconi.
Mayor Grant names the week of March 17 - 23, 2003 as Gerald Bessette, and presents a proclamation to Fire Chief Gerald Bessette in recognition of his service to the City and upon his pending retirement.
Mr. Lemont says a few words and praises Chief Bessette for the outstanding work he has performed during his years of service to the City.
Mr. Lemont introduces the new Fire Chief who was appointed today and will take office April 1- Joseph Castro.
On motion of Councilman Miranda, seconded by Councilman Ramos it is unanimously voted to change the order of business to hear an under Communications.
Larry Ferguson, R.I. Cancer Council and others requesting to make a presentation for the East Providence Cancer Control Task Force.
Larry Ferguson addresses the Council and says they are here as a result of action by the general assembly to set up local Cancer Councils in each of the 39 cities and towns in Rhode Island. Approximately 15 have been done so far. He asks that the Council pass a Resolution forming the task force. He introduces Doreen Carter, an East Providence resident and Cancer survivor, who is helping with setting up the Task Force.
Doreen speaks about the need for a Task Force, which will help to promote the good health of the employees and residents of East Providence.
Mayor Grant says it has been five years since his Cancer operation and he has been clear of Cancer for five years. He says education about the disease can be of tremendous help to people.
On motion of Councilman Miranda, seconded by Councilman Ramos, it is unanimously voted to return to the regular order of business.
CITY COUNCIL SITTING AS LICENSING COMMISSIONERS
LICENSES NOT REQUIRING PUBLIC HEARING
Sunday/Holiday Sales
Jeanine Vigeant, dba The Good Feet Store - 213 Bullocks Point Avenue
274 South Main St., Providence, Rhode Island
On motion of Councilman Ramos, seconded by Councilman Harrington, and on a roll call vote, it is unanimously voted to approve, subject to approvals of the Police Chief and Building Inspector.
Theatrical Performance - April 6, 2003 - Riverside Middle School - Forbes Street
Jason DellaGatta, 45 Newbury St., Revere, Massachusetts, Dba NWA New England
Amber Selley, 45 Lincoln Avenue, East Providence, Rhode Island is present and sworn.
She states that this will be an Amateur Wrestling Show with Pro Wrestling style, and all proceeds will go to the West Warwick Station Fire fund.
On motion of Councilman Ramos, seconded by Councilman Harrington, and on a roll call vote, it is unanimously voted to approve, subject to approvals of the Police Chief and Building Inspector.
PUBLIC HEARINGS
ORDINANCES - FINAL PASSAGE (Given first passage February 4, 2003)
Advertised - Providence Journal - March 10, 2003
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 deleting therefrom the following:
SMITH STREET, (west side) in front of house number 77, from a point 20 feet south of the Burnside Avenue intersection southerly for a distance of 20 feet..
(Requested by Director of Public Works) CHAPTER NO. 245
On motion of Councilman Miranda, 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 Rogers, and on a roll call vote, it is unanimously voted to approve for Final Passage.
NEW BUSINESS
CITY MANAGER
C Ten Mile River Fish Restoration Project Presentation by the US Army Corps of Engineers
Mr. Lemont gives some background on the project. Jeanne Boyle reviews the project and then introduces Richard Heidbrecht, Project Manager from the Army Corps of Engineers who addresses the Council with the details of the project.
C Requesting pre-qualification approval for professional services for replacement of the Watchemoket Force Main
On motion of Councilman Miranda, seconded by Councilman Ramos, and on a roll call vote, it is unanimously voted to approve the following engineering firms recommended by City Staff; Gordon R. Archibald, Inc., Bryant Associates, Inc., Camp, Dresser and McKee, Fuss and O’Neill, Inc. James J. Geremia and Associates, Inc., and Weston and Sampson Engineers, Inc.
C Discussion of School Department Deficit - Wastewater Deficit
Mr. Lemont gives a power-point presentation and speaks on the wastewater deficit. He says an enterprise fund for the wastewater was put into place about four years ago, which has not balanced and is part of the problem today.
He proposes an immediate and substantial tax increase and an increase in the Wastewater fee. He also suggests a management audit be done for the School Department.
Following the presentation, Mr. Lemont answers questions from the Council. Discussion is held on co-pay for health care by employees as a means of reducing spending.
Councilman Rogers speaks about the presentation and says there has to be a means of accountability. He says the questions “how did we get here”?, “how did it happen”, and “how can we fix it”?, need to be answered. He says City workers need to tighten their belts and an increase in sewer use fees and raising taxes is the last thing that should be done.
Councilman Ramos speaks about creative financing and mentions the private golf courses and clubs that should be paying more taxes.
Councilman Harrington says he asked for a management audit two years ago. He suggests a 5% cut from each department and co-pay for health care.
Mayor Grant urges tax payers to call the School Department and to write letters to the City Council with suggestions on where the City can save money.
Mr. McDonald explains to the Council that if nothing is done, the Auditor General has the power to relieve the City of that deficit.
Councilman Rogers makes the following motion, which is seconded by Councilman Miranda:
1. At the next meeting, have the City Manager report back with what cuts will have to be made for a 5% tax increase, the cuts for a 10% tax increase, and the cuts for a 15% tax increase.
2. Direct the City Manager to have a meeting with the stakeholders as soon as possible.
1. Begin the process to put the management audit parameters in place so that when October comes we have the benefit of that audit.
Mr. McDonald informs the Council that the tax rate has to be set by April 15th, therefore any increase in the tax rate must be done at both meetings in April. He says that the Council can change the tax rate at this point, which is under their control. He says that if the Council decides they want to raise additional revenue after the middle of April, they would be required to go the General Assembly to get a supplemental tax, which is a much more onerous process.
After further discussion, a roll call vote is taken on the motion, which passes unanimously.:
The meeting recesses at 10:15 p.m. and reconvenes at 10:20 p.m.
City Manager’s Report
1. Mr. Lemont asks for deferral to the end of the meeting on a request for Executive Session to discuss a possible purchase of property.
2. Mr. Lemont asks the City Council to refer to the Planning Department for the disposition of a piece of land that has been looked at in Seekonk, at the intersection of Brook Street and Newman Avenue. The property is valued in excel of a half million dollars.
On motion of Councilman Rogers, seconded by Councilman Miranda, it is unanimously voted to approve.
3. Mr. Lemont reports that the Fire Chief received a request from representatives from the country of Guatemala for surplus fire trucks, which they rehab and put in service. Councilman Ramos mentions a piece of apparatus that is used in parades and asks if that is part of the surplus trucks. Mr. Lemont recommends that the City maintain ownership of it to use it for parades.
On motion of Councilman Rogers, seconded by Councilman Ramos, it is unanimously voted to approve.
REPORTS OF OTHER CITY OFFICIALS
(By William J. Conley, Jr., City Solicitor)
Pond View Recycling, Inc. (Pond View) Construction & Demolition Debris Processing Facility License
Mr. Conley reports on the status of the Pond View Recycling license issued by DEM, and informs the Council that the letter authorizing the issuance of the license specifically notes that the granting of the license does not restrict the City to enforce municipal laws relating to the facility.
(By Assistant City Solicitor Timothy J. Chapman)
Building Board of Appeals Membership
Mr. Conley reports that it is anticipated that the Board will be very active in the near future, and it is short one member. The member has to be an Architect.
RESOLUTIONS
FIREARMS PERMIT LEGISLATION RESOLUTION
WHEREAS, two statutes in Rhode Island address the issuance of firearms permits, Rhode Island General Laws ' 11‑47‑11 and Rhode Island General Laws ' 11‑47‑18; and
WHEREAS, the language of the two statutes are similar, however the word “shall” is used in Rhode Island General Laws ' 11‑47‑11 and the word “may” is used in Rhode Island General Laws 11‑47‑18 causing potential confusion and differing interpretations of the statutes; and
WHEREAS, amending Rhode Island General Laws ' 11‑47‑11 to replace the word “shall” with “may” would clarify the statutory requirements relative to the issuance of firearms; and
WHEREAS, where both the Attorney General’s Office and the local licensing authorities have to make discretionary judgments about whether an individual is qualified to carry a firearm in conjunction with its public safety and welfare responsibilities, the language should be changed to “may” to be consistent; and
WHEREAS, liability concerns will be reduced if the word “shall” is replaced by “may”, as the change is consistent with the exercise of the discretionary determination inherently necessary in the issuance of firearms licenses.
RESOLVED, it is the position of the City of East Providence that the word “shall” should be amended to “may” in Rhode Island General Laws ' 11‑47‑11 to ensure one statewide standard in the discretionary decision in issuance of gun permits. The Rhode Island Police Chiefs’s Association supports the enactment of Legislation that would replace the word “shall” with “may” in Rhode Island General Laws ' 11‑47‑11.
NOW THEREFORE, BE IT RESOLVED that the Senators and Representatives in the General Assembly from East Providence be requested to introduce and seek passage of an amendment to Rhode Island General Laws ' 11‑47‑11 by changing the word “shall” to “may”; and
BE IT FURTHER RESOLVED that the City Clerk send a copy of this Resolution to the all cities and towns in Rhode Island asking for their support; and
BE IT FURTHER RESOLVED that the City Clerk send a copy of this Resolution to the Governor, Lt. Governor, the President of the Senate, the Speaker of the House of Representatives, and each Senator and Representative from the City of East Providence. RESOLUTION NO. 11
(Requested by Police Chief Gary Dias)
On motion of Councilman Rogers, seconded by Councilman Harrington, it is unanimously voted to dispense with the reading of the Resolution.
Chief Dias speaks on the Resolution and asks the Council for support.
On motion of Councilman Miranda, seconded by Councilman Harrington, and on a roll call vote, it is unanimously voted to adopt.
INTRODUCTION OF ORDINANCES - (If given first passage, can be referred to the next regular Council meeting to be held on April 1, 2003 for a public hearing and consideration of final passage)
AN ORDINANCE APPROPRIATING $2,300,000 TO FINANCE THE CITY OF EAST PROVIDENCE TO FINANCE THE FOLLOWING PROJECTS IN THE CITY: REPAIRS TO THE LOOFF CAROUSEL, UPGRADE OF THE WATCHEMOKET STORM DRAIN; REPAIRS AND RENOVATIONS TO THE POLICE STATION; FEASIBILITY STUDY AND PRELIMINARY PLANNING FOR A NEW FIRE STATION; WATERFRONT DEVELOPMENT; SOCCER FIELD AND OTHER RECREATIONAL FACILITY DEVELOPMENT; WARREN AVENUE STREET SCAPE; THE ACQUISITION OF PROPERTY; AND REPAIRS AND IMPROVEMENTS TO THE STORM DRAINAGE AND SANITARY SEWER SYSTEMS AND AUTHORIZING $2,300,000 BONDS OR NOTES TO FINANCE SAME
WHEREAS, Chapter 273 and Chapter 349 of the Public Laws of Rhode Island 2002 authorize the issue of $4,500,000 bonds and notes in anticipation thereof by the City of East Providence to finance the following projects in the City: Repairs to the Looff Carousel, Upgrade of the Watchemoket Storm Drain; Repairs and Renovations to the Police Station; Feasibility Study and Preliminary Planning for a New Fire Station; Waterfront Development; Soccer Field and Other Recreational Facility Development; Warren Avenue Street Scape; the Acquisition of Property; and Repairs and Improvements to the Storm Drainage and Sanitary Sewer Systems (hereinafter referred to as the “Project”); and
WHEREAS, said Chapters were duly approved by a majority of those voting on the question at a special election held November 5, 2002 said election having been called and held and the question prescribed by Section 12 of said Chapters presented in accordance with law, and said Chapters are presently in full force and effect; and
WHEREAS, the Project is a capital project for public improvements needed by the city;
THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:
SECTION I. The sum of $2,300,000 is hereby appropriated for the purpose of this phase of the Project.
SECTION II. The issue of $2,300,000 bonds or notes in anticipation thereof to meet the foregoing appropriation is hereby authorized pursuant to Chapter 273 and Chapter 349 of the Public Laws of Rhode Island, 2002 and the City Charter. The City Council shall determine by resolution the time or times and manner at and in which said bonds or notes in anticipation of such bonds shall be issued and sold and the officers issuing the bonds or notes shall determine the form of the bonds or notes in accordance with law.
SECTION III. The estimated maximum cost of this phase of the Project is $2,300,000 and any unexpended sum from said appropriation shall be used for either the retirement of said bonds or notes issued in anticipation thereof or for the payment of interest thereon. Prior to issuance of said bonds or notes in anticipation thereof, funds may be advanced from the city’s general fund for Project costs.
(Requested b the Director of Finance)
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 Harrington, it is unanimously voted to approve for First Passage.
AN ORDINANCE APPROPRIATING $2,700,000 TO FINANCE THE PLANNING, CONSTRUCTION AND RECONSTRUCTION OF STREETS AND/OR SIDEWALKS WITHIN THE CITY AND CONSTRUCTION OF A NEW LIBRARY IN THE RIVERSIDE SECTION OF THE CITY AND AUTHORIZING BONDS OR NOTES TO FINANCE SAME.
WHEREAS, Chapter 270 and Chapter 343 of the Public Laws of Rhode Island 2002 authorize the issue of $4,500,000 bonds and notes in anticipation thereof by the City of East Providence to finance the planning, construction and reconstruction of streets and/or sidewalks within the city and construction of a new library in the Riverside section of the City (hereinafter referred to as the “Project”); and
WHEREAS, said Chapters were duly approved by a majority of those voting on the question at a general election held November 5, 2002 said election having been called and held and the question prescribed by Section 12 of said Chapters presented in accordance with law, and said Chapters are presently in full force and effect; and
WHEREAS, the Project is a capital project for public improvements needed by the city;
THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:
SECTION I. The sum of $2,700,000 is hereby appropriated for the purpose of the Project.
SECTION II. The issue of $2,700,000 bonds or notes in anticipation thereof to meet the foregoing appropriation is hereby authorized pursuant to Chapter 270 and Chapter 343 of the Public Laws of Rhode Island, 2002 and the City Charter. The City Council shall determine by resolution the time or times and manner at and in which said bonds or notes in anticipation of such bonds shall be issued and sold and the officers issuing the bonds or notes shall determine the form of the bonds or notes in accordance with law.
SECTION III. The estimated maximum cost of this phase of the Project is $2,700,000 and any unexpended sum from said appropriation shall be used for either the retirement of said bonds or notes issued in anticipation thereof or for the payment of interest thereon. Prior to issuance of said bonds or notes in anticipation thereof, funds may be advanced from the city’s general fund for Project costs.
(Requested by the Finance Director)
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 Miranda, seconded by Councilman Harrington, it is unanimously voted to approve for First Passage.
AN ORDINANCE APPROPRIATING $9,000,000 TO FINANCE THE REPAIRS, RENOVATIONS AND ENERGY EFFICIENCY IMPROVEMENTS TO CITY SCHOOLS WITHIN THE CITY AND AUTHORIZING $9,000,000 BONDS TO FINANCE SAME.
WHEREAS, Chapter 272 and Chapter 348 of the Public Laws of Rhode Island 2002 authorize the issue of $9,000,000 bonds and notes in anticipation thereof by the City of East Providence to finance the repairs, renovations and energy efficiency improvements to city schools within the city (hereinafter referred to as the “Project”); and
WHEREAS, said Chapters were duly approved by a majority of those voting on the question at a general election held November 5, 2002 said election having been called and held and the question prescribed by Section 12 of said Chapters presented in accordance with law, and said Chapters are presently in full force and effect; and
WHEREAS, the Project is a capital project for public improvements needed by the city;
THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:
SECTION I. The sum of $9,000,000 is hereby appropriated for the purpose of the project.
SECTION II. The issue of $9,000,000 bonds to meet the foregoing appropriation is hereby authorized pursuant to Chapter 272 and Chapter 348 of the Public Laws of Rhode Island, 2002 and the City Charter. The City Council shall determine by resolution the time or times and manner at and in which said bonds or notes in anticipation of such bonds shall be issued and sold and the officers issuing the bonds or notes shall determine the form of the bonds or notes in accordance with law.
SECTION III. The estimated maximum cost of the Project is $9,000,000 and any unexpended sum from said appropriation shall be used for either the retirement of said bonds or for the payment of interest thereon. Prior to issuance of said bonds, funds may be advanced from the city’s general fund for Project costs.
(Requested by the Finance Director)
On motion of Councilman Miranda, seconded by Councilman Rogers, it is unanimously voted to dispense with the reading of the ordinance.
On motion of Councilman Miranda, seconded by Councilman Rogers, it is unanimously voted to approve for First Passage.
APPOINTMENTS
(By Mayor Rolland R. Grant)
Tree Warden
Robert Flint 114 Oak Crest Drive (02915)
On motion of Councilman Miranda, seconded by Councilman Rogers, it is unanimously voted to approve.
Unanimous Consent - Councilman Ramos
Councilman Ramos requests a member of the Chamber of Commerce and a member of Affirmative Action be appointed to the City Manager Search Committee
COMMUNICATIONS
John Conley, 115 Smith Street, Riverside, Rhode Island requesting to address the Council regarding City business.
Mr. Conley speaks on behalf of Mr. Lemont and thanks him for his tour of duty to the City and his 14 years of service as City Manager. He says Mr. Lemont kept the ship afloat and says he knows he speaks on behalf of himself and many members of the community when he says thank you.
Mayor Grant announces information received from the Governor’s Office regarding the following days that the flag is to be flown half-staff:
Jay 15 - Police Officers Memorial Day, July 27 - Korean War Veterans Armistice Day, December 7 - Pearl Harbor Day
Kim Casci and others requesting to address the Council re:
1. Ouster of volunteer Kim Casci from the animal shelter
2. Requesting explanation for the City’s refusal to release 5 dogs to the custody of a rescue group after agreeing to do so
The City Clerk announces that this item was withdrawn by Kim Casci.
On motion of Councilman Rogers, seconded by Councilman Miranda, unanimous consent is given to Mr. Lemont to request a closed session to discuss land acquisition.
On motion of Councilman Rogers, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted 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)(5)[Acquisition of Property).
The meeting recesses and goes into Executive Session at 10:55 p.m.
The Open Meeting reconvenes at 11:05 p.m.
Mr. Conley reports that information was received by the Council regarding acquisition of property. No action was taken.
There being no further business, the meeting adjourned at 11:05 p.m.
Attest:
_______________________________
Valerie A. Perry, CMC
City Clerk
Approved: April 15, 2003