| | CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR CITY COUNCIL MEETING MAY 6, 2003 | |
The City Council meets in the Council Chamber on Tuesday, May 6, 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 |
Lori Merolla, Merandi Reporting, is present to record the proceedings of the public hearings.
The Invocation is read by Councilman Ramos and the Salute to the Flag is led by Councilman Miranda.
CONSENT CALENDAR
1. Approval of Council Journals
Regular Meeting - April 1, 2003
Regular Meeting - April 15, 2003
2. City of Newport, RI - Resolution requesting support for a 1% increase in sales tax on meals and beverages
3. Alcoholic Beverage License - Cl F - May 10, 2003
St. Martha’s Church - 2595 Pawtucket Avenue
4. Coastal Resources Management Council - FINDING OF NO SIGNIFICANT IMPACT
(File No. F2003-02-013 - Construct and maintain a 24'x36' Modular Home connected to municipal sewer and water; also construct 22'x24' detached garage in accordance with plans submitted. Located a Pl 513/35, lot 11; Beach Point Drive
(Richard Pezzullo, 38 Beach Point Drive)
5. Coastal Resources Management Council - ASSENT - No. M2003-03-096
Reconstruct existing approved residential boating facility, per approved plan. Located at map 414, Block 21, Lot 5, 186 Riverside Drive (John Devaney)
6. Coastal Resources Management Council - ASSENT - No. 2003-02-37
Replace existing 6" cast iron water main service from Boyden Blvd/Bond Rd. to Squantum Club, with 6" (inside diameter) high density polyethylene pipe. Located at Pl 209, lot 3,6; Squantum Cove (Squantum Association)
7. Coastal Resources Management Council - NOTICE - No. 2003-03-085
Assent to dredge: 25,600 cu. yds. of maintenance dredge material from its berth and disposal cell (CAD) that is part of the Federal Dredging Project. Exxon Mobil - 1001 Wampanoag Trail, Pl 210, Bl 8, Lot 8
On motion of Councilman Harrington, seconded by Dr. Ramos, and on a roll call vote, it is unanimously voted to approve.
PROCLAMATIONS, PRESENTATIONS, INTRODUCTIONS
Mayor Grant receives Council Consent to read a notice received from the National Conference for Community and Justice, announcing that Onna Moniz-John, Affirmative Action Officer and Welfare Director for the City, will be honored for her dedication to civil rights for all people in our state.
Stroke Awareness Month
The Proclamation is read by the City Clerk.
On motion of Councilman Rogers, seconded by Councilman Miranda, it is unanimously voted to change the order of business.
CITY MANAGER
C Presentation of 2002 audit by Bacon and Edge
Pat Boucher and Kelly Rus give an overview of the report.
Following questions from the Council, motion is made by Councilman Rogers, seconded by Dr. Ramos, and unanimously voted to accept the report.
C Status of GeoNova Project/Update on Section 108 Loan Application
Planning Director Jeanne Boyle addresses the Council and says the City has to purchase the property and GeoNova will be clients of the City until the clean-up is completed, then they will purchase it. Dr. Ramos questions Ms. Boyle about the purchase. She says the money that was going to be given to GeoNova to purchase the property will now be used for the City to purchase the property; they will be responsible for the clean-up. She also says that it doesn’t mean any more money is being given to GeoNova.
Dr. Ramos says he is bothered by the process. He argues that the City is giving money for property that Geo Nova does not own.
Councilman Rogers explains the process to Dr. Ramos. He says no private concern will buy that property without Federal aid. He says this $5 million is from Federal Funds, not local money.
The Attorney for GeoNova states that her firm has worked with HUD on several projects. She states that DEM has to sign off on everything GeoNova plans to do.
Dr. Ramos says his concern is that he doesn’t want to see the taxpayers burdened with this.
On motion of Councilman Rogers, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to adopt the recommendations as put forth by the Planning Department.
Councilman Rogers proposes asking Senator Reed to host a meeting of the entire Delegation with City leaders in Washington, D.C. Councilman Miranda says he spoke with Senator Reed last weekend and told him the Council would be visiting him in Washington. He also suggests that perhaps the Council can acquire money for the sewer plant.
Councilman Miranda makes a motion, seconded by Dr. Ramos, to return to the regular order of business.
Councilman Rogers asks for unanimous consent so that the roadway improvement program be heard next to accommodate the group for Phillipsdale. Mayor Grant says he feels the group talked at some length at the last meeting and denies the consent.
The motion to return to the regular order of business is unanimously passed.
CITY COUNCIL SITTING AS LICENSING COMMISSIONERS
LICENSES NOT REQUIRING PUBLIC HEARING
The Clerk informs the Council that a Peddler’s license that was tabled at the last meeting was not put on this docket, and the applicant is present. Permission is granted to add the license to the agenda.
1. Peddler
Riverside Little League
William Thomas, 55 Winslow Street, Riverside, Rhode Island is present and sworn.
On motion of Dr. Ramos, seconded by Councilman Miranda, it is unanimously voted to approve, subject to the approvals of the Police Chief and Health Inspector.
2. Peddler - (Deferred from April 15, 2003)
Gena M. Parillo, dba S&S Novelty, 912 Branch Avenue, Providence, RI
Subject to approval of Police Chief
The applicant is not present.
On motion of Councilman Miranda, seconded by Councilman Harrington, it is unanimously voted to remove from the docket.
3. Peddler
Jesus Tollentino, 154 Fairview Ave., Providence, RI dba J&B Novelty, 9 Cynthia Drive, Johnston, RI
Subject to approval of Police Chief
The applicant is not present.
Dr. Ramos speaks on the license and says he has a problem with these licenses because they usually are people who do not live in the City and they are hurting the business people who are established here and who pay City taxes. Councilman Miranda agrees.
On motion of Dr. Ramos, seconded by Councilman Miranda, it is unanimously voted to deny.
3. Victualing N/Over 25 - Transfer
Tho Vung Vo, dba Convenience Store #1, 665 North Broadway, East Providence, RI
Tho Vung Vo, 77 Pleasant St., Dorchester, Massachusetts is present and sworn.
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 Inspector.
4. Sunday/Holiday Sales - Transfer
Tho Vung Vo, dba Convenience Store #1, 665 North Broadway, East Providence, RI
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 Inspector
5. Hawker
Thomas Wayland, 65 Forbes Street, East Providence, Rhode Island
On motion of Dr. Ramos, seconded by Councilman Miranda, it is unanimously voted to approve, subject to approvals of Police Chief, Building Inspector, and Health Inspector.
6. Sunday/Holiday Sales
Advance Auto Parts Inc., dba Advance Auto Parts, 238 Taunton Avenue
The applicant is not present.
On motion of Councilman Miranda, seconded by Councilman Harrington, it is unanimously voted to defer.
7. Victualing - N/Over 50
Michael H. Buckett, dba Buckett’s Riverside Grill, 277 Bullocks Point Avenue
On motion of Dr. Ramos, seconded by Councilman Miranda, it is unanimously voted to approve, subject to approvals of Police Chief, Building Inspector, and Health Inspector.
8. Peddler
Stephen Sousa, 128 Vincent Ave., No. Prov., dba Mr. Flowers, 500 Branch Ave., Prov.
Councilman Miranda mentions that the Council was informed that the Police Chief would not approve this license.
On motion of Councilman Miranda, seconded by Councilman Ramos, it is unanimously voted to deny.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
The meeting recesses at 8:40 p.m. and reconvenes at 8:45 p.m.
PUBLIC HEARINGS
2003-2004 Community Development Block Grant Program Presentation of Applications for Funding by Applicants
Nancy Remington says the total amount to be allocated is $952,000, an increase of almost 4%, the reason being because the demographics of the City is changing and the median income is lower. The following speakers are sworn in by the Solicitor and give a brief presentation on their programs:
Joan Trombetti - East Bay Mental Health
Tom Izzo - Sexual Assault & Trauma Resource Center
Mark Norton - East Providence Police
Audrey Field - RSVP
Robert Germani - Senior Aides Program
Ann Rule - Blackstone Valley Chapter R.I. ARC
Donna Cone and Cynthia Brown - New England Gerontology Academy
Don Cumming - Big Brothers of Rhode Island
Kathleen Brady - United Methodist Retirement Center
Steven Hug - Family Service
Carolyn Pelligrino - Job Training & Employment Program
Anthony Varone - Handicapped Health Housing Education Activity League
Councilman Sarah Fessler - East Bay Family Health
Eileen Socha and Carolyn Burke - East Providence Public Library
Councilman Marge Pazzione - Riverside Family Center
Karen Evans -Volunteer Center of R.I.
Charles Dyer - The Cove Center
Dennis Roy - Self Help
Jerry Lynch and Erin Gilliatt - East Providence Boys and Girls Club (Video shown)
Following the presentations, Nancy Remington says the City Manager will receive the recommendations and he will present them to the Council at the next regular meeting.
ORDINANCES - FINAL PASSAGE (Given first passage April 15, 2003)
Advertised - Providence Journal - April 18, 2003
AN ORDINANCE IN AMENDMENT OF CHAPTER 232 ENTITLED AN ORDINANCE ORDERING THE ASSESSMENT AND COLLECTION OF PROPERTY TAX ON THE RATABLE REAL ESTATE, TANGIBLE PERSONAL PROPERTY AND AN EXCISE TAX ON REGISTERED MOTOR VEHICLES AND TRAILERS.”, which is amended to read as follows:
That the City Council of the City of East Providence hereby orders the assessment and collection of a tax on ratable real estate, tangible personal property and an excise tax on registered motor vehicles and trailers in a sum not less than Sixty-three Million One Hundred Thousand ($63,100,000) Dollars nor more than Sixty-four Million Two Hundred Thousand ($64,200,000) Dollars said tax is for ordinary expenses, for the payment of interest and indebtedness, in whole or in part, of said city, and for other purposes authorized by law.
The Tax Assessor shall assess and apportion said tax on the inhabitants and ratable property of said city as of the 31st day of December, 2002 at twelve o'clock Eastern Standard Time, according to law, and shall on completion of said assessment, date and sign same and shall make out and certify to the City Treasurer of the City of East Providence, who is charged with the duties for the collection of taxes, on or before the 13th day of June, 2003 complete list of the names of the persons taxed and of the total value of all the real estate assessed against each person, and also the amount of registered motor vehicles and trailers assessed against each person, and also the total amount assessed against each person on said real estate, personal estate and registered motor vehicles and trailers, opposite the name of the person or persons assessed. Upon receipt of the certified tax list by the City Treasurer, he shall proceed and collect said tax on the persons and estates liable thereof; said tax shall be due and payable on and between the 2nd day of June 2003 and the 1st day of July, 2003 and provided further that if said tangible personal property and real estate taxes are paid in full on or before the 1st day of July, 2003, a discount of four per centum (4%) of the total taxes on said tangible personal property and real estate shall be granted, and all taxes remaining unpaid on the 1st day of July, 2003 shall carry until collected a penalty at the rate of twelve per centum (12%) per annum from the 2nd day of June, 2003 upon said unpaid tax, however, said taxes may be paid in four installments; the first installment of twenty-five per centum (25%) on or before the 1st day of July, 2003, the second installment of twenty-five per centum (25%) on or before the 1st day of September, 2003, the third installment of twenty-five per centum (25%) on or before the 1st day of December, 2003 and the fourth installment of twenty-five per centum (25%) on or before the 2nd day of March, 2004.
Each installment of taxes if paid on or before the last day of each installment period successively in order, shall be free from any charge of interest.
If the first installment or any succeeding installment of taxes is not paid by the last date of the respective unpaid balance period or periods as they occur, then the whole tax or remaining unpaid balance of the taxes as the case may be shall immediately become due and payable and carry until collected a penalty at the rate of twelve per centum, (12%) per annum.
The City Treasurer shall, by advertisement in the public newspaper having circulation in the City of East Providence, notify all persons assessed to pay their respective taxes at his office on and between the said 2nd day of June, and the 1st day of July, 2003 both days inclusive; said City Treasurer setting forth the hours during which his office shall remain open to receive said taxes.
SECTION: II. That any of said taxes not paid on or before the 2nd day of March, 2004 shall forthwith be collected by levy upon the sale of real estate upon which it is assessed and by that or other due process of law in case of assessment upon personal property.”
There is no one from the public wishing to be heard.
Mr. Conley explains that this ordinance is a result of the City Council’s amendment to the current budget.
On motion of Councilman Rogers, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to approve.
CONTINUED BUSINESS
Dental Coverage for 2003-2004
Mr. Conley states that Delta Dental agreed to extend the deadline for the current contract for 30 days, but he has not had a chance to speak with the Union representatives. He asks that the Council at this point accept the extension.
On motion of Councilman Rogers, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to approve the extension.
NEW BUSINESS
Presentation on “Pay per Bag” Trash Collection Program
Deferred
Requesting approval of the Roadway Improvement Program
Public Works Director Steve Coutu addresses the Council and requests Council approval for the first Phase of the program.
Councilman Ramos asks if Phase I is based on need. He says he has a problem with the list.
Councilman Miranda asks if some streets on another Phase can be taken care of if they are needed now, and Mr. Coutu agrees that they can.
After further discussion from the Council, motion is made by Councilman Rogers, seconded by Councilman Harrington, to approve Phase I as recommended by the Public Works Director. Roll call vote follows:
| Councilman Harrington | Aye |
| Councilman Miranda | Aye |
| Councilman Ramos | Nay |
| Councilman Rogers | Aye |
| Mayor Grant | Aye |
Motion passes 4-1.
Councilman Rogers makes a motion to designate some portion - $250,000 - from the $3 million bond issue for the Rogers Williams Avenue repairs. Councilman Ramos seconds the motion. Roll call vote follows:
| Councilman Harrington | Nay |
| Councilman Miranda | Nay |
| Councilman Ramos | Aye |
| Councilman Rogers | Aye |
| Mayor Grant | Nay |
Motion is denied by a 3-2 vote.
Ms. Crowshaw questions the Council regarding the Resolution. Mayor Grant states that the City funds are lacking.
REPORTS OF OTHER CITY OFFICIALS
(By Timothy Chapman, Assistant City Solicitor)
Claims and Litigation Committee Report
| Hamlet Court Real Estate, LLC - Claim No. 03-17 | Deny |
| Shannon Trow - Claim No. 03-19 | Refer to R.I.D.O.T. |
| Lima, Jacint - Claim No. 03-18 | Deny |
| Metlife Auto & Home | |
| (Insured: Deborah Sousa) -Claim No. 03-21 | Approve |
| Narragansett Electric Company - Claim No. 03-20 | Refer to Insurance Carrier |
On motion of Councilman Miranda, seconded by Councilman Harrington, and on a roll call vote, it is unanimously voted to accept as presented.
COUNCIL MEMBERS
(By Mayor Rolland R. Grant)
1. Discussion on Taxes
Mayor Grant says the Council needs to come up with some creative ideas to reduce expenditures to the City. One he has recommended is reducing the amount of City vehicles to a reasonable amount. He also suggests that City employee contracts not go over 1 year at a time. He also mentions grant money that must be sought by May 30 for Homeland Security.
Councilman Miranda reports that he received a lot of complaints from people coming to City Hall to do business and not being able to find a parking place. He agrees that the automobiles should be housed at the City Garage.
2. Job Performance Review - City Solicitor and Assistant City Solicitors
Moved to the end of the docket.
(By Councilman Patrick A. Rogers)
Safe Summer Traffic Safety Program
Councilman Rogers asks Chief Dias to come back to the next meeting with a proposal on his recommendations for this summer.
(By Councilman Daniel F. Harrington)
Confidential Employee Survey
Councilman Harrington speaks on a survey which he would like to send out in all employee paychecks. He says he will reproduce all copies and collate them.
On motion of Councilman Rogers, seconded by Councilman Ramos, and on a roll call vote, it is unanimously voted to approve the request.
(By Councilman Isadore S. Ramos)
Update on City Manager Search
Councilman Ramos updates the Council on the search for a new City Manager. He says the Committee has met three times, and the advertisements have been done. Before the closing period, the Screening Committee will meet again to determine how the applications will be reviewed. Approximately 50 applications have been received, which are going to the Clerk’s Office.
INTRODUCTION OF ORDINANCES - (If given first passage, can be referred to the next regular Council meeting to be held on May 20, 2003 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 Sec. 18-269 entitled “Stop and yield intersections designated; when stops required.” by adding:
MAYFLOWER AVENUE (eastbound and westbound traffic) at Moorland Avenue.
(Requested by the Director of Public Works)
On motion of Councilman Miranda, seconded by Councilman Rogers, it is unanimously voted to approve for First Passage.
APPOINTMENTS
(By Mayor Rolland R. Grant)
Economic Development
JoAnn Harry - 135 Vincent Avenue (02914)
On motion of Councilman Rogers, seconded by Councilman Ramos, it is unanimously voted to approve.
COMMUNICATIONS
Frederick A. Vinhateiro, 3730 Pawtucket Avenue, requesting to close Pawtucket Avenue from No. 3730 to 3708, between the hours of 10AM and 3PM on Saturday, May 17, 2003 for the 7th Annual Car Show.
On motion of Councilman Miranda, seconded by Councilman Harrington, it is unanimously voted to approve.
Raymond Blinn, President IBPO Local 569, addresses the Council regarding comments made by Councilmen Rogers and Harrington at the last Council meeting, pertaining to health care co-pay.
Councilman Rogers says his comments were taken out of context, and says he believes that the time has come for all employees to share in the cost of health care.
4. Lt. Armen Garo, E.P.P.D./I.B.P.O., speaks on behalf of the City employees and says the employees and the services in the City are second to none.
Officer Mark Norton is given permission to speak on the issue. He clarifies that the City employees did not receive a 21% increase, but a 3% increase. The 18% Blue Cross increase was an increase that is not reflected in the employees raises.
5. William Melone, COVE Center, 855 Broadway, East Providence, Rhode Island requesting to address the Council in response to citizen’s concern expressed April 1, 2003
Withdrawn by Mr. Melone
6. Dennis Tabella, Director of Defenders of Animals, Inc., addresses the Council regarding volunteers at the East Providence Animal Shelter. He says the volunteers are trying to help the animals and he requests the reinstatement of the 2 volunteers who were ousted from the pound.
7. Kim Casci, 1 Cedarwood Drive, Riverside, Rhode Island addresses the Council and says she wants to know why she was ousted from the Animal Shelter, along with Charles King, and why the five dogs will not be released.
Chief Dias and Captain Barlow answer questions from the Council regarding the situation. Chief Dias says there have been problems at the Shelter for more than 20 years between staff and volunteers. Captain Barlow explains his reasons for the ouster, and says this has become more of a personal issue rather than about the animals. He says his interest is in public safety, and because the volunteers caused problems at the pound, he stands by his decision to have them removed. Chief Dias says he recommends no changes to Captain Barlow’s decision.
Councilman Miranda says he doesn’t understand what is going on. He says the City Council directed the City Manager to get this matter straightened out. He says the Council set the policy, and the Chief has carried it out. Chief Dias says he will be happy to meet with Dennis Tabella because there seems to be a misunderstanding about what has happened.
Kim Casci says she doesn’t know what she’s done. Councilman Harrington addresses her and says the Council cannot be involved at the pound.
On motion of Councilman Rogers, seconded by Councilman Miranda, it is unanimously voted to support the Police Chief in his decision and support Captain Barlow in his efforts.
Pier Mari Toledo, 65 Ravena Avenue, Riverside, Rhode Island is present and sworn. She reads a statement about the dogs involved in the situation at the Animal Shelter.
Motion is made by Councilman Rogers, seconded by Councilman Harrington 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)(1)to discuss the job performance of the Solicitor and Assistant Solicitors.
The motion passes unanimously on a roll call vote.
The meeting recesses and goes into Executive Session at 12:35 a.m.
The open meeting reconvenes at with all Council members present.
Mr. Chapman reports the following:
Motion was made in Executive Session by Councilman Rogers, seconded by Councilman Miranda, and unanimously approved on a roll call vote that William J. Conley, Jr. will receive an additional $5000 per month and a $500.00 stipend for travel, telephone, etc. expenses per month, in addition to the base salary and overtime wages received as City Solicitor during the time that he is also performing the duties of the City Manager. A motion was made by Councilman Rogers and seconded by Councilman Miranda, and unanimously approved on a roll call vote that each of the Assistant City Solicitors will receive an additional $2500 per month during this time period for the additional responsibility they will be assuming in the Law Department.
There being no further business, the meeting adjourns at 12:55 a.m.
Attest:
_________________________
Valerie A. Perry, CMC
City Clerk Approved: May 20, 2003