CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
JANUARY 20, 2004
| | CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING JANUARY 20, 2004 | |
The City Council meets in the Council Chamber on Tuesday, January 20, 2004, and is called to order at 7:45 p.m. by Mayor Rolland R. Grant.
| Present: | Mayor Rolland R. Grant | ) | |
| | Daniel F. Harrington | ) | |
| | Norman J. Miranda | ) | Council Members |
| | Dr. Isadore S. Ramos | ) | |
| | Patrick A. Rogers | ) | |
| | William J. Conley, Jr. | ) | Acting City Manager |
| | Valerie A. Perry | ) | City Clerk |
| | Timothy Chapman | ) | Acting City Solicitor |
The Invocation is read by Councilman Harrington and the Salute to the Flag is led by Councilman Rogers.
1. Approval of Council Journals
Amendment to November 18, 2003 Council Journal
November 18, 2003 - Closed Session re: Contract Negotiations
2. CANCELLATIONS/ABATEMENTS - Requested by Tax Assessor
| YEAR | AMOUNT |
| 2003 | $1,038.12 |
| 2002 | 1,042.69 |
| 2001 | 739.30 |
| 2000 | 412.18 |
| Total | $3,232.29 |
3. CANCELLATIONS/ABATEMENTS - Requested by Tax Board of Review
| YEAR | AMOUNT |
| 2003 | $1,927.41 |
4. Alcoholic Beverage - Class F1 - January 25, 2004
St. Francis Xavier Church, 81 No. Carpenter Street
On motion of Councilman Miranda, seconded by Councilman Ramos, and on a roll call vote, it is unanimously voted to approve the Consent Calendar.
On motion of Councilman Rogers, seconded by Councilman Miranda, it is unanimously voted to approve the Closed Minutes and to keep them closed.
Joseph Crook, Director of Parks and Recreation, is presented a proclamation recognizing his induction into the Recreation and Parks Association Hall of Fame.
Members of the East Providence High School Football Team and Coaches are presented citations for their Superbowl Championship.
(By Councilman Norman J. Miranda)
Carousel Park Commission
Terry Barry 48 Charles Street (02914)
On motion of Councilman Ramos, seconded by Councilman Harrington, it is unanimously voted to approve.
(By City Council)
Tree Warden Michael Bartlett, Deputy Supt. of Parks
On motion of Councilman Miranda, seconded by Councilman Harrington, it is unanimously voted to approve.
Additional Hours
(Advertised E.P. Post - Dec. 27, 2003, Jan. 3 & Jan. 10, 2004)
Adaco, LLC, dba Sax’s Steak & Pizza Restaurant - 324 Waterman Avenue
Andreas Andrikopoulos, 33 Wagon Lane, Attleboro, Massachusetts is present and sworn.
The applicant states that he would like to remain open to 2:00 or 3:00 a.m. Mr. Miranda says he is against this and it should be the same for everyone. The Council asks that the matter be deferred to the next meeting to determine who has additional hours and what times are the closings.
On motion of Councilman Ramos, seconded by Councilman Rogers, it is unanimously voted to defer.
1. Laundry/Drycleaner - Transfer
From: Coyle’s Norgetown Inc. To: Parkway Plaza Laundry Inc., dba Pete’s Norgetown
7 Forbes Street
Peter M. Orefice, 174 Fatima Drive, Bristol, Rhode Island is present and sworn.
On motion of Councilman Ramos, seconded by Councilman Harrington, it is unanimously voted to approve, subject to approvals of the Police Chief, Building Inspector, and Fire Marshall.
2. Video - Transfer
From: Coyle’s Norgetown Inc. To: Parkway Plaza Laundry Inc., dba Pete’s Norgetown
7 Forbes Street
On motion of Councilman Harrington, seconded by Councilman Rogers, it is unanimously voted to approve, subject to approvals of the Police Chief, Building Inspector, and Fire Marshall.
3. Video (Sunday) - Transfer
From: Coyle’s Norgetown Inc. To: Parkway Plaza Laundry Inc., dba Pete’s Norgetown
7 Forbes Street
On motion of Councilman Harrington, seconded by Councilman Rogers, it is unanimously voted to approve, subject to approvals of the Police Chief, Building Inspector, and Fire Marshall.
4. Private Detective
Peter Vallas Associates, Inc., 20 Village Green North, East Providence, Rhode Island
Peter Vallas, 12 Oakwood Drive, New Jersey is present and sworn.
Mr. Vallas states that he is a resident of New Jersey but is looking to establishing a practice in East Providence. Discussion takes place regarding his residency, with Mayor Grant stating that the applicant must be a resident of the State.
After further discussion, Mr. Vallas states that he will seek further information from the Attorney General’s office. On motion of Councilman Miranda, seconded by Councilman Rogers, it is unanimously voted to defer.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
Request to Purchase City-owned Property Harding Avenue
Planning Director Jeanne Boyle addresses the Council regarding the request, and explains the reason for the Planning Board’s recommendation of denial. Councilman Harrington says he finds the reason dubious and feels the land should be in the hands of the private sector. After further discussion, Council Consent is given to Councilman Harrington to allow the petitioner to speak.
Sheila Cruikshank, 18 Harding Avenue, Riverside, Rhode Island is present and sworn. She says she wants to purchase the property in front of her house to pave the area and beautify it. Councilman Harrington asks Mr. Conley if this can be approved with a stipulation that nothing can be built on it. Mr. Conley replies that it would create a sub-division. The Assessor needs to set a value on the lot, and even if the Council were inclined to declare it surplus, it is subject to sub-division regulation. Mr. Conley suggests the Council refer it back to the Planning Board to make recommendations on both parcels and to make the neighbors aware of the recommendations.
On motion of Councilman Ramos, seconded by Councilman Miranda, it is unanimously voted to refer back to the Planning Board with the public and abutters’ input.
1. Wastewater Facility Assessment - Request for Qualification Review
On motion of Councilman Ramos, seconded by Councilman Rogers, it is unanimously voted to approve.
2. Requesting pre-qualification of firms for the completion of an Environmental Assessment (EA) for the Waterfront-195 Interchange
Mr. Conley states that R.I.D.O.T. has agreed to pay for all additional cost over $50,000.
On motion of Councilman Ramos, seconded by Councilman Harrington, it is unanimously voted to approve.
3. Requesting Council approval to award contract for one (1) Ford F650 Dump Truck
On motion of Councilman Miranda, seconded by Councilman Ramos, it is unanimously voted to award the contract to Colony Ford.
4. Requesting qualification review for Radio Meter Interface Unit (MIU) Installation Services
On motion of Councilman Ramos, seconded by Councilman Harrington, it is voted 4-0 to approve. It is noted for the record that Councilman Miranda is absent for the vote.
5. Requesting Council approval to purchase three (3) LifePak Biphasic Defibrillators for East Providence Emergency Medical Services
On motion of Councilman Ramos, seconded by Councilman Rogers, and on a roll call vote, it is unanimously voted to approve.
6. Emergency Family Shelter
Mr. Conley speaks about the impact this winter weather is having on families with marginal income and how the City has become aware of families who need emergency shelter. He states that through the collaboration with City departments, a shelter will operate between January - April, 2004 in the evening until 5:00 A.M. He says the shelter will be held in the Municipal Court Building, and the Senior Center Building will be used until Municipal Court has finished business. Cots have been donated by Blue Cross, and the Amos House will be providing meals. Onna Moniz-John will be the point person, with Bob Rock as a back-up. Volunteers will be professionally trained. Mr. Conley states that next year, we will be in the position for grant money. He asks the Council permission to open the Emergency Shelter.
On motion of Councilman Rogers, seconded by Councilman Miranda, it is unanimously voted to approve.
(By City Solicitor)
Claims and Litigation Committee Report
| Wendy Caracciolo, Claim No. 03-75 | Refer to Insurance Carrier |
| Min Cheol Park, Claim No. 03-69 | Approved |
| Phoenix Insurance Company, Claim No. 03-76 | |
| Insured: Philip & Donna Rae Pitzer | Approved |
| Dolores Bevilacqua, Claim No. 03-70 | Refer to Insurance Carrier |
| Debra Saccoccio, Claim No. 03-260 | Refer to Cardi Corporation |
| City of East Providence Vs. Town of Barrington | Refer to Law Department |
| City of East Providence Vs. | |
| Kovach Mobile Equipment Corp | Refer to Law Department |
On motion of Councilman Miranda, seconded by Councilman Ramos, and on a roll call vote, it is unanimously voted to accept as presented.
(By Councilmen Patrick A. Rogers and Daniel F. Harrington)
Update on City Manager Search
Councilman Rogers reports that ads were placed in the Boston Globe, Providence Business News, ICMA Newsletter, Monster. com, as well as local papers. So far, 46 applications have been received, with 6 or 7 East Providence residents. He says that 4 are current or former R.I. Town Managers, and there have not been any duplications. Councilman Rogers asks for feedback from the community. He also states that rumors are circulating that the Council is looking for a particular type of person. He says he hopes the final applicant has government experience, and the final decision will be made by the entire City Council.
(By Councilman Patrick A. Rogers)
Contract Negotiations - Executive Session
Councilman Rogers asks that the Council go into Executive Session at the end of the meeting.
(By Councilman Daniel F. Harrington)
Fiscal Restraint and Safeguards to Protect Taxpayers From School Department Deficit Spending Initiatives
Councilman Harrington speaks about the School Department raises and says that the School Committee put the needs of nine administrators before the 50,000 citizens of the City, while our Police, Fire men and women put the needs of the City before their own, and thanks them for their sacrifice made this year with taking a zero wage increase.
Councilman Harrington asks the Acting City Manager and the Law Department to formulate practical solutions, which would include an assessment of the current fiscal situation, specific suggestions with regards to ordinances and/or referendums needed to safeguard the City against deficit spending; measures that finally put all labor contracts on the same schedule - Fire, Police, City Employees, and those nine; and give the City Council authority to approve both collective bargaining and capital expenses.
Councilman Rogers says he knows the School Department is looking at ways to generate cash, but he believes Councilman Harrington has put his finger on it that something needs to be put in place to stop this deficit spending in the future. He says the buck needs to stop at the City Council.
Councilman Ramos states that before he agrees to anything, he would recommend that the School Committee have the opportunity to respond to this. He says the School Committee members were elected and they should be responsible for their spending, and he would like the School Committee to join with the Council and that this should be a joint effort. He says he agrees that the timing of the raises was a poor decision.
Councilman Miranda says he was disappointed about the raises, and the School Committee should be concerned with education, and until both bodies can sit down together, nothing will be done. He also says that he has heard rumors that some City contracts are in jeopardy, and that the taxpayers are not happy with the raises.
Councilman Harrington says he wants the voters to decide, and says the Council is the Big Brother, and took an Oath to uphold the Charter.
Councilman Ramos states that he agrees that the buck stops here in terms of the budget, but says the School Department is a separate entity and anything pertaining to the School Department budget is the School Committee responsibility.
INTRODUCTION OF ORDINANCES - (If given first passage, can be referred to the next regular Council meeting to be held on February 3, 2004 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 Article X entitled “Stopping, Standing and Parking.”, Subsection 18-307 entitled “Parking prohibited at all times.” by adding the following: PINE STREET (east side) from a point 50 feet south of Oak Avenue extending south a distance of 8 feet.
(Requested by the Director of Public Works)
On motion of Councilman Rogers, seconded by Councilman Miranda, it is unanimously voted to approve for First Passage.
Anthony Bochichio, Chairman, Carousel Park Commission, requesting to address the Council on Handicap Accessibility.
The City Clerk informs the Council that Mr. Bochichio withdrew his request at this time.
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)(2)[Collective Bargaining, to discuss negotiations.
The meeting recesses and goes into Executive Session at 9:35 p.m.
The Executive Session adjourns at 10:11 p.m. and the open meeting reconvenes at 10:12 p.m.
On motion of Councilman Rogers, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted that the contract for the Assistant City Manager be approved and binding immediately, but effective upon the hiring of a new city manager, and that the contract will include payment of $75,000 for the Assistant City Manager, which would include his duties as City Solicitor. Mr. Conley will receive the standard benefits and the duties he will have as Assistant City Manager would be those as outlined in the City ordinance. The contract is for a term of four years from the effective date with termination to be upon his death, resignation/disability or dismissal for cause, and the contract would include that the Assistant City Manager can hold other positions with the City, including City Solicitor and he can maintain his own private practice of law.
The meeting adjourns at 10:15 p.m.
Attest:
________________________________
Valerie A. Perry, CMC
City Clerk Approved: February 17, 2004