| | CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING NOVEMBER 18, 2003 | |
Amended 1/20/04
The City Council meets in regular session in the Council Chamber on Tuesday, November 18, 2003 and is called to order at 7:35 p.m. by Acting Mayor Norman J. Miranda.
Present: Norman J. Miranda ) Acting Mayor
Daniel F. Harrington )
Patrick A. Rogers ) Council Members
Dr. Isadore S. Ramos )
William J. Conley, Jr. ) Acting City Manager
Valerie A. Perry ) City Clerk
Gregory S. Dias ) Acting City Solicitor
Absent: Mayor Rolland R. Grant
CONSENT CALENDAR
1. Approval of Council Journals
September 8, 2003 - Closed Session - City Manager Candidates
September 10, 2003 - Closed Session - City Manager Candidates
September 11, 2003 - Closed Session - City Manager Candidates
September 24, 2003 - Closed Session - City Manager Candidates
September 25, 2003 - Closed Session - City Manager Candidates
November 4, 2003 - Regular Meeting.
2. Letter dated November 4, 2003, with attachments, from Frank Duarte pertaining to a Charter amendment to elect the City Administrator.
On motion of Councilman Rogers, seconded by Councilman Harrington, and on a roll call vote, it is unanimously voted to approve the minutes of the closed sessions and to keep them closed, and to approve the balance of the Consent Calendar. It is noted for the record that Mayor Grant is absent for the vote.
PROCLAMATIONS, PRESENTATIONS, INTRODUCTIONS
Presentation to the Santa Maria Cultural Center
Recognition of the East Providence Fire Department and East Providence Police Department
Mayor Miranda presents a plaque to the Santa Maria Cultural Center for their benevolent service to the victims of the Taunton Plaza fire. Also, Certificates of Recognition are presented to the Fire Chief and the Police Chief for their department’s role in the efforts on behalf of the residents.
CITY COUNCIL SITTING AS LICENSING COMMISSIONERS
LICENSES NOT REQUIRING PUBLIC HEARING
1. Hawker
Jose M. Cardeno, dba S&S Novelties, 52 Burgess Avenue, East Providence, RI 02914
2. Hawker
Cristina Carrasco, dba S&S Novelties, 52 Burgess Avenue, East Providence, RI 02914
Neither applicant is present. On motion of Councilman Rogers, seconded by Councilman Ramos, and on a roll call vote, it is unanimously voted to deny both licenses because of a report by the Police Chief, who will not approve the licenses.
It is noted for the record that Mayor Grant is absent for the vote.
2. Wrecker/Tower
Michael L. Medeiros, dba Correia’s Towing, Inc., PO Box 634, Warren, RI 02885
Michael L. Medeiros, 41 Washington Street, Warren, Rhode Island is present and sworn. Mr. Medeiros is told that the Council is going to establish a new procedure whereby the applicants must bid for the towing rights in the City. He is told that when the ordinance is passed, he will be allowed to bid.
3. Victualing - N/Over 25
Crystal Stephens, dba Subway Sandwich, 188 Taunton Avenue
Crystal Stephens, 41 Oxford Street, East Providence, Rhode Island is present and sworn.
On motion of Councilman Rogers, seconded by Councilman Ramos, it is unanimously voted to approve, subject to approvals of Police Chief, Building Inspector, and Health Department. It is noted for the record that Mayor Grant is absent for the vote.
4. Private Detective
Carlos Enrique Tillett, 21 Woodcrest Drive, East Providence, RI
The applicant is present and sworn.
The Council informs the applicant that he must have approval of the Police Chief before they can act on his application. He is told once the Chief’s approval is received, he can come back before the Council.
On motion of Councilman Harrington, seconded by Councilman Ramos, it is unanimously voted to defer. It is noted for the record that Mayor Grant is absent for the vote.
5. Victualing - N/Over 25
Suraj, LLC, dba Sonny’s Convenience, 548 Willett Ave
Suraj Patel, 195 Watch Hill Drive, East Greenwich, Rhode Island is present and sworn.
On motion of Councilman Ramos, seconded by Councilman Harrington, and on a roll call vote, it is unanimously voted to approve, subject to approvals from: Police Chief, Building Inspector, Health Inspector, and Fire Marshall. It is noted for the record that Mayor Grant is absent for the vote.
6. Sunday/Holiday Sales
Suraj, LLC, dba Sonny’s Convenience, 548 Willett Ave
On motion of Councilman Ramos, seconded by Councilman Harrington, it is unanimously voted to approve, subject to approvals from: Police Chief, Building Inspector, Health Inspector, and Fire Marshall. It is noted for the record that Mayor Grant is absent for the vote.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
PUBLIC HEARINGS
ORDINANCES - FINAL PASSAGE (Given first passage November 4, 2003)
Advertised - Providence Journal - November 7, 2003
The following ordinance adds stop signs to Wilson Avenue at Bourne Avenue and Wilson Avenue at Duncan Road for a period of 45 days.
1. 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 thereto the following:
WILSON AVENUE (southbound traffic) at Bourne Avenue for a period of 45 days from the date of passage. WILSON AVENUE (northbound traffic) at Duncan Road for a period of 45 days from the date of passage.
CHAPTER NO. 290
On motion of Councilman Rogers, seconded by Councilman Ramos, it is unanimously voted to dispense with the reading of the ordinance. It is noted for the record that Mayor Grant is absent for the vote.
Theodore Loebenberg, 129 Wilson Avenue, Rumford, Rhode Island is present and sworn. He addresses the Council and states that this is not the same ordinance that was passed two weeks ago for First Passage. Councilman Rogers says the ordinance was amended at the last meeting to reflect the 45 day period.
William Nahas, 152 Wilson Avenue, Rumford, Rhode Island is present and sworn. He addresses the Council and states that it has taken more than a year to get a stop sign there, and he asks what is the criteria for keeping the sign. Councilman Rogers states that there have been three recommendations from the Public Works Department to not put the sign there. The situation will be evaluated over the 45-day period, and if the signs create more problems, they will be taken down.
On motion of Councilman Rogers, seconded by Councilman Harrington, and on a roll call vote, it is unanimously voted to approve for Final Passage. It is noted for the record that Mayor Grant is absent for the vote.
The following ordinance establishes a $250 late charge for starting work without a permit, which may be waived at the discretion of the building official provided said waiver is limited to one waiver per property and owner.
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 Subsection (1) of Section 4-16 entitled “Building permits.” of Article II entitled “Permits” to read as follows:
(1) All building permits, whether for new structures, repairs or alterations, and the fees for such permits are hereby fixed as follows. A $250.00 late charge shall be added for starting work before obtaining a permit. Said late charge may be waived at the reasonable discretion of the building official as a result of work being performed due to exigent circumstances; provided said waiver is limited to one waiver per property and owner.
(Requested by: Councilman Miranda)
On motion of Councilman Rogers, seconded by Councilman Harrington, it is unanimously voted to dispense with the reading of the ordinance. It is noted for the record that Mayor Grant is absent for the vote.
Maryann Matthews, 51 Outlook Avenue, East Providence, Rhode Island is present and sworn. She asks why a permit is needed for a water heater, and Mr. Conley responds that it is required by the State Building Code.
On motion of Councilman Rogers, seconded by Councilman Ramos, and on a roll call vote, it is unanimously voted to approve for Final Passage. It is noted for the record that Mayor Grant is absent for the vote.
3. 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” by adding: DIVISION 5. ASSISTANT CITY MANAGER -
Sec. 2-228. Appointment of Assistant City Manager.
(a) The City Council shall appoint an officer of the City who shall have the title of Assistant City Manager. The Assistant City Manager shall serve as advisor to the City Manager and the City Council and under the direction of the City Manager and the City Council conduct and coordinate major City-wide projects and make recommendations for developing and implementing policies and programs adopted by the City Council. The Assistant City Manager shall have such other duties and responsibilities as the City Council and/or the City Manager may require and shall assist in administrative and leadership roles on special assignments and projects. The Assistant City Manager shall act for the City Manager in the City Manager’s absence or in the event of a vacancy in the office of the City Manager.
(b) No council member elected under the provisions of the City Charter shall receive such appointment during the term for which he or she shall have been elected nor within one (1) year after the expiration of such term. At the time of the appointment, the Assistant City Manager need not be a resident of the city or state, but during the tenure, the office of Assistant City Manager shall reside in the city.
(c) The Assistant City Manager shall be a graduate of an accredited four year college or university and shall possess a combination of education and experience that demonstrates the requisite knowledge, skills, and abilities to perform the duties and responsibilities provided for herein.
(d) The Assistant City Manager shall receive an annual salary as may be fixed from time to time by the City Council. Other terms and conditions of employment of the Assistant City Manager shall be as determined by the City Council. The Assistant City Manager may be removed from employment by a majority vote of the City Council.
(Requested by: City Council) CHAPTER NO. 292
On motion of Councilman Rogers, seconded by Councilman Harrington, it is unanimously voted to dispense with the reading of the ordinance.
Councilman Rogers speaks on the ordinance. He explains why the Council feels this position is necessary. Councilman Ramos says that the position will be responsible to the City Manager, not the Council. Councilman Harrington and Councilman Rogers disagree and says the person shall be responsible to both the Council and the City Manager.
The meeting is open to public comment. Mayor Miranda sets the time limit to 5 minutes per speaker.
Henry DaCosta, is present and sworn. He asks who is going to pay for this position, as we are in lean times.
Maryann Matthews, 51 Outlook Avenue, East Providence, Rhode Island, speaks against the ordinance.
Harold Gerstein, 12 Rhodes Avenue, Riverside, Rhode Island, supports the ordinance and says Mr. Conley is perfect for the position, as he is truly a professional.
Kathy Santos, 4 Thurston Street, Riverside, Rhode Island, speaks against and says the City does not have the money for it.
Clifton Moore, 310 Roger Williams Avenue, East Providence, Rhode Island, says he wants to hear Mr. Harrington’s remarks before he speaks. Councilman Harrington speaks on the ordinance and explains why he believes this position is necessary. Mr. Moore resumes and says that he is concerned with the future, after Mr. Conley’s term, and says it adds another level of bureaucracy.
Tony Gouveia, School Committee Member, says that he received a charge from the Council to cut the School budget and he took that charge seriously. He says $187,000 was cut from textbooks, yet the Council is adding another position. He says that the Council will still have Bill Conley and he vehemently opposes the ordinance.
Kathleen Munro, 79 Read Street, Riverside, Rhode Island, says that the ICMA recommends that City Managers choose their Assistants.
George A. Lamb, 55 No. Carpenter Street, East Providence, Rhode Island, former Mayor and an author of the City Charter, says that he believes this violates the City Charter.
Maryann Matthews speaks again and asks if this interferes with the personnel portion of the Charter, and if the Assistant City Manager becomes personnel as opposed to an officer of the City.
John F. Conley, 115 Smith Street, Riverside, Rhode Island says if the City is looked at as a Corporation, the Council can appoint an Assistant City Manager, and Bill Conley is the best person for the job.
Joseph Asquino, 28 Sherman Street, Riverside, Rhode Island speaks says that most Department Heads have been with the City for awhile and they would be able to assist the City Manager, thereby eliminating the need for this position. He also says he does not believe the name should have been on this docket. Councilman Miranda responds by saying Mr. Conley is the most capable man for the job, and says the hiring freeze still stays.
A brief recess is taken at 9:45 p.m. and the meeting reconvenes at 9:50 p.m.
On motion of Councilman Rogers, seconded by Councilman Harrington, and on a roll call vote, it is unanimously voted to approve the ordinance for Final Passage. It is noted for the record that Mayor Grant is absent for the vote.
NEW BUSINESS
a. CITY MANAGER
Collective Bargaining Discussion - IAFF, USWA 15509, USWA 15509A, EPPMTEA, and Department Heads
On motion of Councilman Harrington, seconded by Councilman Rogers, it is unanimously voted to go into Executive Session at the end of the meeting to discuss collective bargaining negotiations. It is noted for the record that Mayor Grant is absent for the vote.
b. REPORTS OF OTHER CITY OFFICIALS
(By William J. Conley, Jr., City Solicitor)
Claims and Litigation Committee Report
Clint Layman, Claim No. 03-56 Approved
Judith Marshall, Claim No. 03-62 Refer the claim to the R.I. Interlocal Risk Management Trust
Roger Stafford, Claim No. 03-59 Approved
On motion of Councilman Harrington, seconded by Councilman Rogers, and on a roll call vote, it is unanimously voted to accept the report as presented.
c. COUNCIL MEMBERS
(By Councilman Isadore S. Ramos)
Hiring Consultants
Councilman Ramos speaks about a consultant for the City that was hired without an RFP or advertising. He says the consultant has received considerable sums from both the City and the School Department. Mr. Conley says that there is a formal RFQ process and he will be sure it will be done in the future.
(By Councilman Patrick A. Rogers)
Discussion of East Providence-Pawtucket Bike Path
Councilman Rogers mentions the new bike path in the vicinity of the Kimberly Rock field, and urges citizens to visit it. He commends the East Providence Police Department for providing guidance to the operators of motor bikes in the area.
Unanimous Consent - Councilman Daniel F. Harrington
Councilman Harrington receives unanimous consent to report on the Waterfront Hearing held last evening. He says it was a great turnout and he thanks the Planning Department for an excellent presentation.
e. INTRODUCTION OF ORDINANCES - (If given first passage, can be referred to the next regular Council meeting to be held on December 2, 2003 for a public hearing and consideration of final passage)
AN ORDINANCE IN AMENDMENT OF CHAPTER 4 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “BUILDING AND BUILDING REGULATIONS.” which amends Article II entitled “Permits” by adding the following:
Sec. 4-20. Fire Safety Permits.
1. General requirements.
(a) Any person, including any partnership, corporation or association, undertaking the erection, extension, alteration or repair or moving of a structure; or undertaking any structural alteration, electrical wiring or installation of plumbing or mechanical equipment in an existing structure; or undertaking any changes that may affect the fire safety of a building or any portion thereof; shall first make application for an inspection and for a plan review in the East Providence Fire Prevention Office. Said application shall be made at least twenty-one (21) calendar days prior to the start of any construction or work accompanied by the proper fee or fees described in this section. No construction or work shall be started until the required application has been approved by the fire prevention office.
(b) In addition to the general provisions above, this article also includes special categories for which inspections and/or plan review fees are required. No construction or work shall be started until the required application has been approved by the fire prevention office.
(c) In all matters relating to the execution of this article, the fire prevention officer’s interpretations and decisions shall be binding, appealable to the chief of the department. If the applicant is not in agreement with the decision of the fire chief, the applicant may appeal within ten (10) calendar days to the city council. The city council’s decision shall be binding and final.
(d) Any and all construction or work to be permitted shall be in complete compliance with the Rhode Island Fire Safety Codes in effect at the time of said construction, i.e., Life Safety Code NFPA 101, Uniform Code NFPA 1, R.I. Fire Safety Code, and East Providence Fire Prevention Code.
(e) All fees as determined by this article, where based on construction costs, shall be based on full valuation of current construction costs. Construction costs (per square foot) shall be determined by the building official.
(f) Fee rates shall be reviewed annually by the fire prevention officer and the chief of the department to determine if new and/or amended fee rates are appropriate. If so, they shall be submitted to the town council for consideration.
(g) There shall be no remuneration to any person for any inspection and/or plan review as required by this article.
(h) All fees shall be made payable to the City of East Providence. Payment shall be made to the East Providence Fire Prevention Office which shall make a record of such payment and then remit the same to the city treasurer.
(i) No fees shall be paid for any building owned by the City of East Providence, State of Rhode island or the United States Government.
(j) No fees shall be paid for a fire safety inspection as required for a license renewal.
2. Life Safety Plan Review Permit.
Every request to the East Providence Fire Marshal’s Office for a life safety plan review permit shall be accompanied by the fee as prescribed as follows:
NEW BUILDINGS, ADDITIONS, ALTERATIONS, STRUCTURES, ETC.
(Based on cost of construction less cost of site & utility work, plumbing, mechanical & electrical)
| $500.00 or less | $ 25.00 |
| Over $500 but not over $1,000 | $ 35.00 |
| Over $1,000 but not over $2,000 | $ 45.00 |
| Over $2,000 but not over $500,000 | $ 45.00+ (Plus $6.00 per $1,000 or fraction thereof over $2,000) |
| Over $500,000 | $3,033.00+ (Plus $4.00 per $1,000 or fraction thereof over $500,000) |
3. Fire Alarm Installation Plan Review and Inspection Permit.
Every request to the East Providence Fire Marshal’s Office for a fire alarm installation plan review and inspection permit shall be accompanied by the fee as prescribed as follows:
NEW BUILDINGS, ADDITIONS, ALTERATIONS, STRUCTURES, ETC.
(Based on cost of construction)
| $500.00 or less | $ 25.00 |
| Over $500 but not over $1,000 | $ 35.00 |
| Over $1,000 but not over $2,000 | $ 45.00 |
| Over $2,000 but not over $500,000 | $ 45.00+ (Plus $6.00 per $1,000 or fraction thereof over $2,000) |
| Over $500,000 | $3,033.00+ (Plus $4.00 per $1,000 or fraction thereof over $500,000) |
On motion of Councilman Rogers, seconded by Councilman Harrington, it is unanimously voted to dispense with the reading of the ordinance.
Mr. Conley explains the ordinance and says there is a process for application and the ordinance is an attempt to formalize the procedure.
On motion of Councilman Rogers, seconded by Councilman Harrington, and on a roll call vote, it is unanimously voted to approve for First Passage. It is noted for the record that Mayor Grant is absent for the vote.
APPOINTMENTS
(By City Council)
Assistant City Manager
William J. Conley, Jr. 3 Brigham Court (02916)
On motion of Councilman Rogers, seconded by Councilman Harrington, it is unanimously voted to approve. It is noted for the record that Mayor Grant is absent for the vote.
(By Councilman Norman J. Miranda)
Historic Properties Designation and Study Commission
William Walsh 150 Bentley Street (02914)
On motion of Councilman Rogers, seconded by Councilman Harrington, it is unanimously voted to approve. It is noted for the record that Mayor Grant is absent for the vote.
(By Councilman Daniel F. Harrington)
Historic Properties Designation and Study Commission
David J. Kelleher 36 Riverside Drive (02915)
George Page 31 Forrest Avenue (02915)
(By Councilman Isadore S. Ramos - by Unanimous Consent)
Historic Properties Designation and Study Commission
Constance Crowshaw 4 Miriam Street (029016)
On motion of Councilman Ramos, seconded by Councilman Harrington, it is unanimously voted to approve the appointments to the Historic Properties Commission. It is noted for the record that Mayor Grant is absent for the vote.
COMMUNICATIONS
1. Letter dated November 7, 2003 from Scott & Sheila Cruikshank, 18 Harding Avenue, East Providence, RI, requesting to purchase City property adjacent to their home.
On motion of Councilman Rogers, seconded by Councilman Harrington, it is unanimously voted to refer to the Planning Board. It is noted for the record that Mayor Grant is absent for the vote.
2. John Conley, 115 Smith Street, Riverside, RI - Letter of Resignation from the Carousel Commission
Mayor Miranda asks that a letter of thank you be sent to Mr. Conley and to Lerena deMelo and Carol Medeiros for their service to the City. Councilman Harrington says he accepts the resignation but is saddened, and would like it to be on the record that Mr. Conley is a good example of a public servant.
3. Maryann Mathews requesting to address the Council on the following:
C Request update on additional support staffing of the East Providence Welfare Office outstation
C Clarification as to School Department’s authority to lease buildings
Councilman Ramos says he has no problem of letting the schools lease the building because it will help them get out of a deficit. Mr. Conley discusses the legality of it and says he has sent a report to the Council outlining the reasons why the process the School Committee has followed is legal and does not need to come before the Council.
Mr. Conley says it was the City’s plan to provide supplemental support to the State in Riverside at the Self-Help building. Onna Moniz-John, Director of Welfare, reports that the City has begun to set up shop at the Self-Help building. She says that there won’t be complete services because the State has control over that, but people will be able to get some kind of services.
On motion of Councilman Rogers, seconded by Councilman Harrington, 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)(2)[Collective Bargaining, to discuss negotiations. The motion passes unanimously on a roll call vote. It is noted for the record that Mayor Grant is absent for the vote.
The open meeting recesses and goes into Executive Session at 10:40 p.m.
(Amended 1/20/04)
The open meeting reconvenes at 11:08 p.m and the following report is made of the vote to approve the contract made between the Acting City manager and the fire union:
A motion was made in Executive Session by Councilman Ramos to accept the contract as negotiated by the Acting City Manager and seconded by Councilman Rogers to move the vote. A roll call vote followed:
Councilman Rogers Nay
Councilman Harrington Nay
Councilman Ramos Aye
Councilman Miranda Aye
Mayor Grant Aye
The motion passed on a 3-2 vote.
On motion of Councilman Rogers, seconded by Councilman Ramos, the meeting adjourns at 11:09
Attest:
Valerie A. Perry, CMC
City Clerk Approved as Amended: January 20, 2004