CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
JANUARY 6, 2004
| | CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING JANUARY 6, 2004 | |
The City Council meets in the Council Chamber on Tuesday, January 6, 2004 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 |
| | Dr. Isadore S. Ramos | ) | |
| | William J. Conley, Jr. | ) | Acting City Manager |
| | Valerie A. Perry | ) | City Clerk |
| | Timothy Chapman | ) | Acting City Solicitor |
| | | | |
| Absent: | Patrick A. Rogers | ) | Council Member |
The Invocation is read by Councilman Ramos and the Salute to the Flag is led by Councilman Miranda.
Lori Merolla, Merandi Reporting, is present to record the proceedings of the Public Hearings.
1. Approval of Council Journals
Regular Meeting - December 16, 2003
2. Antique Show - March 20, 2004 - March 21, 2004 - EPHS 2117 Pawtucket Ave.
Southeastern New England Antique Dealers Association c/o Charles McCaughey, PO Box 950, No Scituate, RI
(By Councilman Patrick A. Rogers)
Carousel Park Commission
(R) Patricia O’Hara 15 Nassau St. (02916)
On motion of Councilman Miranda, seconded by Councilman Harrington, it is unanimously voted to approve. It is noted for the record that Councilman Rogers is absent for the vote.
Planning Board
(R) Burton P. Batty, Jr. 15 Plymouth Road (02914)
On motion of Councilman Ramos, seconded by Councilman Harrington, it is unanimously voted to approve. It is noted for the record that Councilman Rogers is absent for the vote.
(Advertised East Providence Post - November 27 & December 4, 2003)
Alcoholic Beverage - Class A Retailer - Transfer
From Jordan’s Beverage Store, Inc., dba Jordans Liquors To Elizabeth & Alan V. Trow, d.b.a. Jordan’s Liquors - 199 Taunton Avenue
* Letter of Objection - 12/3/03 - Martignetti Companies of Rhode Island
* Letter of Objection - 12/9/03 - McLaughlin & Moran, Inc.
* Letter of Objection - 12/10/03 - R.I. Distributing Co.
* Letter of Objection - 12/10/03 - Johnson Bros. of RI Co.
Elizabeth & Alan V. Trow, 145 Kelley Blvd., North Attleboro, Massachusetts
Anthony Tosone, 110 Thurston Street, East Providence, Rhode Island
Mr. Tosone states that the creditors will be paid at the time of the closing. The City Clerk advises the Council that the license cannot be issued until the objections have been withdrawn, and the license can be approved subject to all approvals and all withdrawals of objections.
On motion of Councilman Miranda, seconded by Councilman Ramos, and on a roll call vote, it is unanimously voted to approve the license, subject to all approvals and withdrawal of all objections, and that the City Clerk send a letter to the Council informing them when the objections have been withdrawn. It is noted for the record that Councilman Rogers is absent for the vote.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
ORDINANCES - FINAL PASSAGE (Given first passage December 16, 2003)
Advertised - Providence Journal - December 19, 2003
1. AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED AAVEHICLES AND TRAFFIC.@@ which amends Article X entitled AAStopping, Standing and Parking.@@ Subsection 18-315 entitled AAReserved parking designated--Handicapped parking.@@ by adding the following:
CENTRAL AVENUE (north side) in front of house number 94.
(Requested by the Director of Public Works) CHAPTER NO. 295
There is no one from the public wishing to be heard.
On motion of Councilman Miranda, seconded by Councilman Harrington, and on a roll call vote, it is unanimously voted to approve for Final Passage.
2. The following ordinance establishes the qualifications for the Assistant City Manager.
AN ORDINANCE IN AMENDMENT OF CHAPTER 2 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED AADMINISTRATION@, which amends Article IV entitled AOfficers and Employees,@ Subsec. 2-228 entitled AAppointment of Assistant City Manager@ to read as follows:
(c) The Assistant City Manager shall be a graduate of an accredited four-year college or university and (I) hold a master’s degree in public administration, business administration, or a related field or (ii) be enrolled in and earning credits toward a master’s degree in public administration, business administration, or a related field from an accredited college or university. The Assistant City Manager shall have prior experience in a management level position in either the public or private sector.
Clifton Moore, 310 Roger Williams Avenue, East Providence, Rhode Island is present and sworn. Mr. Moore states that this is another layer of bureaucracy and doesn’t understand why we need it. He says he hasn’t heard any good explanation about the need for the ordinance, and believes the Council is trying to take steps to undermine the Charter.
William Merandi, 15 Chedell Avenue, East Providence, Rhode Island is present and sworn, and asks the Council to reconsider this ordinance. He says the City cannot afford it.
George Lamb, 55 No. Carpenter Street, East Providence, Rhode Island is present and sworn.
Mayor Lamb states that a City with only 48,000 people does not need an Assistant City Manager, and if the Council insists on it, then it should be placed on a referendum ballot and let the voters decide.
Councilman Ramos states that he understood it was going to be a Title change and a stipend. He says he agrees with Mr. Moore, and questions what is to happen after Mr. Conley. He says this is creating a new position, and the Council just voted to increase the salary of the next City Manager. Also, the Assistant should be answerable to the City Manager.
Following further discussion, motion to approve for Final Passage is made by Councilman Miranda, and seconded by Councilman Harrington. Roll call vote follows:
| Mr. Harrington | Aye |
| Mr. Miranda | Aye |
| Dr. Ramos | Nay |
| Mayor Grant | Aye |
Motion passes 3-1. It is noted for the record that Councilman Rogers is absent for the vote.
1. Blue Cross Coverage/R.I. League of Cities and Towns
Mr. Conley gives a report which was prepared as a result of an inquiry by Councilman Ramos. Mr. Conley states that Dan Beardsley, Executive Director of the R.I. League of Cities and Towns told him how this was initiated many years ago, sometime around 1987. He says the City has not incurred any additional cost, as the League pays for the entire cost, which is over $19,000. The claims paid totaled $12,000 last year.
Councilman Ramos speaks and says this was a very general report. He says there are no records of this in the archives and he says he wondered what the claims would total if it went back to 1987.
Councilman Miranda says the Council of 1987 should have known about this. Councilman Harrington says this Council is trying to mop up the misdeeds of the past. He commends Councilman Ramos on this initiative, which will result in a cost savings when the practice is ended. Mayor Grant questions why there are no records of this, and commends Councilman Ramos.
On motion of Councilman Miranda, seconded by Councilman Harrington, it is unanimously voted to nullify the Blue Cross Coverage provided for members of the League of Cities and Towns. It is noted for the record that Councilman Rogers is absent for the vote.
2. Purchase of Rescue Vehicle and Rescue Equipment
On motion of Councilman Ramos, seconded by Councilman Miranda, it is unanimously voted to approve. It is noted for the record that Councilman Rogers is absent for the vote.
3. Employees 2003 United Way Campaign
Mr. Conley reports that the Employees United Way Campaign netted $15,320 this year, and he commends all employees for their generosity.
4. Collective Bargaining negotiations USWA 15509, USWA 15509A, EPPMTEA, Department Heads
On motion of Councilman Harrington, seconded by Councilman Miranda, it is unanimously voted to go into Executive Session at the end of the meeting. It is noted for the record that Councilman Rogers is absent for the vote.
(By Acting City Solicitor)
Claims and Litigation Committee Report
Denise Thurber, Claim No. 03-68 Referred to United Skates
City of East Prov vs. Kovatch Mobile Equipment Corp., d/b/a KME Fire Apparatus.
Proceed with litigation against Kovatch Mobile Equipment Corp
On motion of Councilman Miranda, seconded by Councilman Ramos, it is unanimously voted to accept as read. It is noted for the record that Councilman Rogers is absent for the vote.
(By Jeanne Boyle, Planning Director)
Easement Abandonment/Relocation - Jordan Street - Map 508, Block 2, Parcel 7
Motion to approve is made by Councilman Miranda, seconded by Councilman Harrington, and unanimously passed. It is noted for the record that Councilman Rogers is absent for the vote.
(By Councilman Isadore S. Ramos)
Rose Larisa Park Update
Councilman Ramos speaks on the lack of handicapped accessibility at the park, and the fact that the stairs leading to the beach are not handicapped accessible. Mr. Conley says it was incumbent upon the Landscape Architect to make sure those kinds of things were taken care of, and it wasn’t done. Mr. Conley will report back to the Council at the next meeting.
Councilman Ramos announces that Parks and Recreation Director will be inducted into the R.I. Recreation Hall of Fame.
(By Councilmen Daniel Harrington and Patrick Rogers)
Update on City Manager Search
Councilman Harrington gives an update on the search, and says the East Providence web site will be linked to the City Manager Search page. Councilman Ramos questions Councilman Harrington about the ads that were placed, and Councilman Harrington says he will bring them to the next Council meeting.
The following Resolution requests legislation that would require the burial of the high voltage lines from Franklin Square in Providence to Bold Point in East Providence.
WHEREAS, the Department of Transportation’s relocation of Route I-95 necessitates the removal of high voltage power lines that currently traverse India Point Park; and
WHEREAS, Narragansett Electric proposes to reconstruct 6200 feet of the transmission line (labeled the E-183 transmission line) running from Franklin Square in Providence to Bold Point in East Providence; and
WHEREAS, the existing E-183 transmission line was originally constructed in 1918 and is being deconstructed prematurely due to the highway relocation project; and
WHEREAS, the proposed replacement transmission facilities will likely be present along the waterfronts of Providence and East Providence for the next century; and
WHEREAS, THE City of East Providence considers the waterfront along Bold Point a significant resource in terms of future economic development activity for the City; and
WHEREAS, the General Assembly created the East Providence Waterfront District Commission in the 2003 legislative session, and said commission will have broad power to condemn, acquire, lease, and sell land along the waterfront; and
WHEREAS, the City’s waterfront has the potential to provide 300 acres of land for future development, 3,000 to 4,000 jobs to the State’s economy, create $2 billion dollars in new construction through private investment, and create a major entertainment district, major office and hi-tech industry, and high-end luxury housing; and
WHEREAS, the presence of high voltage power lines through the area in question could impede the City’s redevelopment and could hinder the City’s ability to attract public and private investment; and
WHEREAS, the City of East Providence has already secured federal and state backing for $30 million dollars in highway funds in order to increase accessibility to the waterfront from Route I-195; and
WHEREAS, in the area of the E-183 transmission line crossing, the City has plans to create a central commons, a river walk, an entertainment pier, a marina, and housing units; and
WHEREAS, the presence of electromagnetic fields emanating from the E-183 transmission line could create concern among potential investors, developers, and residents; and
WHEREAS, the high voltage transmission lines serve the reliability of the entire state and the region; and
WHEREAS, the potential impact on the environment, economic development, existing and future parks and public spaces along the waterfronts of Providence and East Providence could be substantial; and
NOW, THEREFORE, BE IT RESOLVED, that the East Providence City Council respectfully requests that its representatives in the Rhode Island General Assembly sponsor legislation that would require burial of the E0183 transmission line from Franklin Square in Providence to Bold Point in East Providence.
(Requested by Councilman Rogers)
On motion of Councilman Miranda, seconded by Councilman Harrington, it is unanimously voted to dispense with the reading of the resolution.
On motion of Councilman Miranda, seconded by Councilman Ramos, and on a roll call vote, it is unanimously voted to adopt the Resolution. It is noted for the record that Councilman Rogers is absent for the vote.
John M. Fahey, 2535 Pawtucket Avenue, East Providence, Rhode Island
An Open Letter to the Council: Re: Ordinance
Mr. Fahey is sworn in. He reads a statement which references Section 4-14 (3) of the City Charter, pertaining to the Board of Assessment Review. He states that the Council has lost control over one of its Boards. He says that the Charter requires an ordinance to establish this Board and has never done so. He asks that the Council (1) create the Charter-required ordinance; (2) deal with the companion issues raised for corrective action; (3) recognize this as a timely opportunity to provide the appeal process to be surely exercised as a result of the assessments. Mr. Fahey concludes by saying he awaits a response from the Council.
On motion of Councilman Miranda, seconded by Councilman Ramos, and on a roll call vote, it is unanimously voted to go into Executive Session in accordance with Section 42-46-5 of the AExceptions@ of Chapter 46 of the General Laws, pursuant to Section 42-46-5-(a)(2)[Collective Bargaining, to discuss contract negotiations. It is noted for the record that Councilman Rogers is absent for the vote.
The meeting recesses and goes into Executive Session at 9:03 p.m.
The Executive Session adjourns and the open meeting reconvenes at 9:38 p.m.
On motion of Councilman Miranda, seconded by Councilman Ramos, and on a roll call vote, it is unanimously voted to bring legal action against Kovatch Mobile Equipment Corporation and approval to hire outside legal counsel. It is noted for the record that Councilman Rogers is absent for the vote.
On motion of Councilman Miranda, seconded by Councilman Ramos, and on a roll call vote, it is unanimously voted to ratify the Steelworkers contract. It is noted for the record that Councilman Rogers is absent for the vote.
On motion of Councilman Miranda, seconded by Councilman Harrington, and on a roll call vote, it is unanimously voted to approve the contract with the East Providence Professional, Managerial, and Technical Employees Association (EPPMTEA). It is noted for the record that Councilman Rogers is absent for the vote.
On motion of Councilman Harrington, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to approve the settlement of the Department Heads’ contract. It is noted for the record that Councilman Rogers is absent for the vote.
On motion made by Councilman Miranda, seconded by Councilman Harrington, the meeting adjourns at 9:43 p.m.
Attest:
___________________________
Valerie A. Perry, CMC
City Clerk Approved: March 2, 2004