CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
MARHC 23, 2004
| | CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING MARHC 23, 2004 | |
The City Council meets in the Council Chamber on Tuesday, March 23, 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 | ) | |
| | Patrick A. Rogers | ) | |
| | James F. McDonald | ) | Acting City Manager |
| | Valerie A. Perry | ) | City Clerk |
| | Gregory S. Dias | ) | Acting City Solicitor |
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 proceeds of the public hearings.
1. Approval of Council Journals
February 3, 2004 - Regular Council Meeting
March 2, 2004 - Regular Meeting
2. Coastal Resources Management Commission - March 2004 Calendar
3. DEM - INSIGNIFICANT ALTERATION - Permit - #03-0587 in reference to the property and proposed project located: approximately 530 ft south of Jordan St. and approx. 700 ft sw of its intersection with Catamore Blvd. Map 508, Block 2, Lot 7,
4. Town of Bristol, Resolution requesting support For “Healthy Cat Rooms” at Municipal Animal Shelters.
5. Letter of Resignation - Kathy Santos - from Beautification Commission
6. CANCELLATIONS/ABATEMENTS - Requested by Tax Assessor
| YEAR | AMOUNT |
| 2003 | $501.99 |
| 2002 | 343.17 |
| Total | $845.16 |
On motion of Councilman Miranda, seconded by Councilman Ramos, and on a roll call vote, it is unanimously voted to approve the Consent Calendar.
Councilman Miranda receives unanimous consent to change the order of business to move the first item under “Communications” to the next docket item.
Anne Sousa, 10 Office Parkway #409 - Requesting to address the Council regarding getting a permit to hold a Fund Raiser at the East Providence Senior Center Soccer field. All monies will be donated to the “Station Fire Families Fund.”
On motion of Councilman Miranda, seconded by Councilman Rogers, it is unanimously voted to approve.
Presentation of Certificates to the Community Emergency Response Team (CERT) volunteers
Raymond Benoit, Director of Emergency Preparedness, and Representatives of Red Cross hand out certificates and speak on the program. Mr. Benoit announces that the next class will begin on April 22, 2004.
Mayor Grant receives Council Consent and announces the City Clerk’s impending retirement and the Council members add their comments and congratulations.
George Donovan announces a public hearing on April 21 regarding Full Channel TV’s application for servicing East Providence residents. He also mentions that Cox is looking for volunteers to tape the meetings of the Council, School Committee and Zoning Board. .
(By Mayor Rolland R. Grant) (Mayor’s Appointment - No confirmation needed)
Board of Tenants Affairs:
Paul E. Lemont 1351 So. Broadway East Providence, RI 02914
East Providence Waterfront District Commission
(By Councilman Isadore S. Ramos)
Dr. Isadore S. Ramos 33 Bullocks Pt. Avenue (02915)
Motion to approve is made by Councilman Ramos and seconded by Councilman Harrington. Roll call vote follows:
| Mr. Harrington | Aye |
| Mr. Miranda | Aye |
| Dr. Ramos | Aye |
| Mr. Rogers | Abstain |
| Mayor Grant | Nay |
The motion passes on a 3-2 vote.
Victualing - N/over 25
Benjamin B. Pacheco, dba Pacheco’s Market - 408 Waterman Avenue
Benjamin B. Pacheco, 175 Leonard Avenue, 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 Inspector.
Sunday/Holiday Sales
Benjamin B. Pacheco, dba Pacheco’s Market - 408 Waterman Avenue
On motion of Councilman Ramos, seconded by Councilman Miranda, it is unanimously voted to approve, subject to approvals of Police Chief, Building Inspector, Health Inspector.
Victualing - N/Over 25 - Transfer
From Tho Tung Vo to Trinh Vo, dba Convenience Store #1 - 665 North Broadway
Tho Tung Vo and Trinh Vo, 32 Taffrail Road, Quincy, Massachusetts are present and sworn.
On motion of Councilman Ramos, seconded by Councilman Miranda, it is unanimously voted to approve, subject to approvals of Police Chief, Building Inspector, and Health Inspector.
Sunday/Holiday Sales
From Tho Tung Vo to Trinh Vo, dba Convenience Store #1 - 665 North Broadway
On motion of Councilman Miranda, seconded by Councilman Ramos, it is unanimously voted to approve, subject to approvals of Police Chief, Building Inspector, and Health Inspector.
Hawker - Flowers
Kevin Blankenship - Location - Parking Lot - No. Broadway Pizza 525 No. Broadway
Withdrawn by applicant
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
(Advertised Providence Journal)
Update of the East Providence Comprehensive Plan - Request for Adoption of the Plan Update and Submission to the State Department of Administration Statewide Planning Program for Review and Certification
Planning Director Jeanne Boyle states that the Planning Board recommended unanimously to adopt the plan.
There are no persons 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 adopt the Comprehensive Plan.
ORDINANCES - FINAL PASSAGE (Given First Passage March 2, 2004)
Advertised - Providence Journal March 5, 2004
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 Article X entitled “Stopping, Standing and Parking.”, Subsection 18-30 7 entitled “Parking prohibited at all times.”, by adding thereto the following:
LEGION WAY (south side) between utility pole #9 and utility pole #10 between the hours of 8:00 a.m. and 9:00 a.m. and between 2:00 p.m. and 3:00 p.m. on school days.
(Requested by: Director of Public Works) CHAPTER NO. 299
There is no one from the public wishing to be heard.
On motion of Councilman Harrington, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to approve for Final Passage.
2. 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:
POTTER STREET (west side) from Taunton Avenue south for a distance of 57 feet.
(Requested by: Director of Public Works) CHAPTER NO. 300
There is no one from the public wishing to be heard.
On motion of Councilman Miranda, seconded by Councilman Ramos, and on a roll call vote, it is unanimously voted to approve for Final Passage.
The following ordinance grants ad-hoc COLA increases to those retirees who served and retired prior to 1982 when automatic COLAs were created.
3. AN ORDINANCE IN AMENDMENT OF CHAPTER 11 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “PERSONNEL, PENSIONS AND RETIREMENT.”, which amends Article V entitled “Firemen’s and Policemen’s Pension Fund”, Subsection 11-236 entitled “Service retirement annuity” to read as follows:
(e) Effective May 1, 2004, those members who retired from service between 1962 and 1984 shall receive an increase of $900.00 per member per year except in the case of a widowed member whose increase shall be $600.00 per year, and those members who are receiving an annual cost of living adjustment. Effective May 1, 2004, those members who retired from service prior to 1962 or their surviving widow shall receive an increase of $600.00 per member per year.
(Requested by Police & Fire Retirement Board)
The meeting is open to public comment.
Diane Selley, Riverside, Rhode Island is present and sworn. She speaks in support of the ordinance.
William F. Andre, 162 Bentley Street, East Providence, Rhode Island is present and sworn. Mr. Andre, a member of the Police and Firemen’s Pension Board answers questions raised by Ms. Selley regarding the payment made to widows.
1. Seasonal Employees/Hiring Freeze
Mr. Conley requests that seasonal employees be hired as outlined by the Director of Parks and Recreation and the Director of Public Works.
Councilman Rogers states that the City has benefitted by combining the Parks and Recreation Departments. He also says he wants to note that Freedom Green is being maintained by Agawam Hunt at no cost to the City. He also notes that an arbitrator ruled a few weeks ago that the Agawam Hunt has the right to maintain the park, which was a win for the City.
On motion of Councilman Rogers, seconded by Councilman Harrington, and on a roll call vote, it is unanimously voted to approve.
2. Unanimous Consent
Mr. Conley receives Unanimous Consent regarding an abandonment easement on Map 513, Block 17, Parcel 17, requested by Scott Smith.
On motion of Councilman Rogers, seconded by Councilman Miranda, it is unanimously voted to refer to the Planning Board.
3. Financial Report
Mr. Conley speaks on the Financial Plan. He reads his report and states that every community that has allowed someone to come in and take over has had their tax rate tripled. He says we need to solve the problem and we are a community to control our own destiny. He states that deficit spending is not taking care of our children.
He says he wants to establish an Emergency Financial Council immediately, consisting of the Finance Director, School Committee, City Council, with the City Manager and Superintendent of Schools acting as Co-Chairs. He wants to meeting jointly with the School Committee in emergency session. He goes on to say that the tax rate has to be set by April 15.
Councilman Harrington says he wants to give the School Committee a chance to do what it has to do. He says they must 1) replace the current Administrator; 2) Sell surplus property; 3) layoffs.
Councilman Ramos states that it is not his job to inform the Superintendent how to operate his budget. He says the Council should be looking the budget in total and does not have the time to sit around and pontificate. He says the Council needs to solve the problem or at least show they are trying.
Councilman Miranda says he thinks the time has come for the Council to take action. He says that if the School Committee decides it does not want to take part, let the voters decide what they want to do with them. He states that this is a serious problem and both groups have got to come together. Councilman Rogers suggests that Councilman Miranda sit on the Commission.
Mayor Grant says he wants to go to court to get this straightened out. He says we have an educational dilemma and everything seems to be out of control.
Councilman Ramos says that the Council can point a finger but he guarantees that the School side is just as interested in getting this done. Councilman Harrington says he wants it on record that he was elected to point a finger.
Following comments by Dr. Taras Herbowy, Superintendent of Schools, a motion is made by Councilman Rogers, seconded by Councilman Harrington, to adopt the Assistant City Manager’s recommendations and to appoint Councilman Miranda as Liaison and to give the City Solicitor, the Finance Director, and Mr. Miranda full authority to proceed quickly to schedule a meeting and to do whatever is necessary to carry out the intent of this resolution.
Clifton Moore asks that there be two taxpayers with fiscal background on this commission. Councilman Harrington asks for a Point of Order and states that this will have to go before the School Committee for their approval.
A roll call vote follows:
| Mr. Harrington | Nay |
| Mr. Miranda | Aye |
| Dr. Ramos | Aye |
| Mr. Rogers | Aye |
| Mayor Grant | Aye |
The motion passes 4-1.
The meeting recesses at 9:45 p.m. and reconvenes at 9:55 p.m.
(By City Solicitor)
Claims and Litigation Committee Report
| Elizabeth Aubin-Peno, Claim No. 04-14 | Refer the claim to the School Department |
| Aguinaldo Cabral, Claim No. 04-18 | Refer the claim to the School Department |
| Nancy Kyte, Claim No. 04-14 | Refer the claim to the School Department |
| Sophia Merhi, Claim No. 04-16 | Refer the claim to the insurance carrier. |
| Joan Potter, Claim No. 04-11 | Deny the claim. |
| Alan Titus, Claim No. 04-19 | Approve the claim |
On motion of Councilman Rogers, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to accept as read.
(By Joseph Crook, Director of Parks & Recreation)
Skateboard Park
Mr. Crook states that the facility has to be accessible to police and fire, and the cost for 20-25 sq. ft. is approximately $10,000 per sq. ft. He says there needs to be a beginners’ area and an expert area. It needs to be visible and needs to have concrete on the surface. He speaks about locations for the park, including Bourne Park, New Road, Thompson School, Riverside Rec, Kent Field. Councilman Ramos states that the group that asked for the park came from Riverside and that is where the park should be built. He also says that $250,000 is exorbitant and the City should be able to do it for a lot less.
Councilman Miranda says $40,000 bond money was put aside for this park and the City needs to do it the right way. He says as far as the location, that will have to be determined by the City Council.
John Vincent and Diane Selley address the Council and give facts on skateboard parks. Mr. Conley says that the bond money hasn’t been touched yet, and the City already has the authority to do it. It has been suggested that it be built near the new library.
(By Mayor Rolland R. Grant)
1. Discussion on revaluation in response to citizen complaints
Mayor Grant yields to Councilman Ramos. Councilman Ramos says he feels this is a very important matter and he suggests having an educational session to take the burden of fear from the taxpayer. He says a workshop will benefit the entire community. It is suggested that the workshop be held at the High School and a time will be set up with the School Department.
Councilman Miranda says people are concerned. He also mentions that some people called the revaluation company and were given nasty remarks. He also mentions that people called the Tax Assessor’s office and were treated unfairly. He goes on to say that employees should be reminded that the taxpayers are responsible for their paychecks.
On motion of Councilman Rogers, seconded by Councilman Harrington, it is unanimously voted to approve.
(By Councilman Patrick A. Rogers and Councilman Daniel F. Harrington)
1. City Manager Search update
Councilman Rogers gives an update on the process, and says four candidates were interviewed on March 4, with 2 invited back for a second interview. A public session will be held at the conclusion of the process. Councilman Ramos states that he was pleased that three more candidates have been chosen to be interviewed. Councilman Miranda says he was very impressed by the two candidates that are being called back for a second interview.
2. Roger Williams Avenue Parking and Ticketing during snowstorms.
Councilman Rogers asks that the Police Department take a look at the policy of ticketing cars during parking bans on Roger Williams Avenue. He mentions that residents have no place to park their cars other than in front of their homes and suggests that the Police Department be flexible and forgiving in these situations. He asks that the Department come up with a recommendation in the next couple of weeks.
1. WATERFRONT DISTRICT DEVELOPMENT MORATORIUM
WHEREAS, the City of East Providence is committed to the redevelopment of the Waterfront Special Development District and adopted the East Providence Waterfront Special Development District Plan on December 2, 2003; and
WHEREAS, the City Council unanimously adopted the Waterfront Development District Zoning on March 2, 2004 which placed the authority for review and approval of all land use proposals with the Waterfront District Commission; and
WHEREAS, the City Council has made its appointments to the Commission and anticipates the Governor’s appointments in the near future; and
WHEREAS, the Waterfront Commission is responsible for the appointment of a Design Review Committee, Hearing Panel and Executive Director; and
WHEREAS, the Commission cannot carry out its duties until these appointments are made; and
NOW, THEREFORE, BE IT RESOLVED, the City Council hereby resolves that a moratorium shall be immediately imposed upon all land use actions within the Waterfront District for a period not to exceed 90 days or until such time that the Commission deems itself able to fulfill its regulatory responsibilities; and
NOW, THEREFORE, BE IT RESOLVED, during the moratorium period, the City Manager shall be empowered to approve land use applications of an emergency nature at his discretion; and
BE IT FURTHER RESOLVED, that during the moratorium period, the Zoning Officer shall be authorized to make determinations on use and the Director of Planning shall be authorized to conduct pre-application review activities.
This moratorium shall take effect immediately upon approval. RESOLUTION NO. 33
(Requested by City Manager and Director of Planning)
On motion of Councilman Rogers, seconded by Councilman Miranda, it is unanimously voted to dispense with the reading of the resolution.
On motion of Councilman Harrington, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to approve.
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” THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:
SECTION I. Sec. 18-269 entitled “Stop and yield intersections designated; when stops required.” is amended by adding thereto the following:
GRANT AVENUE (westbound traffic) at Jackson Avenue.
On motion of Councilman Miranda, seconded by Councilman Ramos, it is unanimously voted to approve for First Passage.
2. AN ORDINANCE APPROVING THE ISSUANCE OF DRINKING WATER SYSTEM REVENUE BONDS AND NOTES IN AN AMOUNT NOT TO EXCEED $1,000,000 FOR THE PURPOSES OF FINANCING THE ACQUISITION OF IMPROVEMENTS (WATER METERS) TO THE EAST PROVIDENCE WATER SUPPLY SYSTEM
SECTION I. The following sums are hereby appropriated for the following purposes: (I) the sum of One Million Dollars ($1,000,000) for the purpose of financing the acquisition of modern and more efficient water meters (the “Project”). The estimated maximum cost of the Project is $1,000,000. The period of usefulness of the Project is expected to be not less than ten (10) years.
SECTION II. In accordance with Chapter 46-12.8 of the Rhode Island General Laws, the City Manager and the City Finance Director are hereby authorized to borrow an amount not exceeding One Million Dollars ($1,000,000) from the Rhode Island Clean Water Finance Agency, and to evidence such loan, said officers are hereby authorized to issue and refund on behalf of the City, in an amount not exceeding One Million Dollars ($1,000,000) drinking water system revenue bonds (the “Bonds”) of the City, at one time, or from time to time in order to meet the foregoing appropriation. Amounts authorized to fund each appropriation are restricted to the allocation set forth in this ordinance and may not be reallocated without further approval of the City Council.
SECTION III. The said officers from time to time may issue and refund not exceeding $1,000,000 interest bearing or discounted drinking water system revenue notes (the “Notes”) in anticipation of the issue of said Bonds.
SECTION IV. The Bonds and Notes shall be payable solely from revenues of the East Providence Water Supply System. The city may issue bonds, notes, or other obligations on a parity with the Bonds and Notes. The manner of sale, amount, denominations, maturities, conversion or registration privileges, interest rates, medium of payment, and other terms, conditions and details of the Bonds or Notes may be fixed by the officers authorized to sign the Bonds or Notes.
SECTION V. Pending the issuance of the Bonds under Section II hereof or pending or in lieu of the issue of Notes under Section III hereof, the City Finance Director, at the written direction of the City Council, may expend funds from other funds of the City for the purposes specified in Section I hereof. Any advances made under this section shall be repaid without interest from the proceeds of the Bonds or Notes issued hereunder or from the proceeds of applicable federal or state assistance or from other available funds.
SECTION VI. The City Manager and the City Finance Director are also authorized, empowered and directed, on behalf of the City, to: (I) execute, acknowledge and deliver a Trust Indenture by and between the City and a corporate trustee selected by said officers (the “Trust Indenture”), one or more Supplemental Indentures relating to the Bonds and any and all other loan agreements, documents, certificates or instruments necessary to effectuate such borrowing; (ii) amend, modify or supplement the Trust Indenture, the Supplement Indentures, the Bonds or Notes and any and all other loan agreements, documents, certificates or instruments at any time and from time to time, in such manner and for such purposes as such officers shall deem necessary, desirable or advisable; (iii) direct the Trustee with regard to investments of trust funds pursuant to the Trust Indenture, and (iv) do an perform all such other acts and things deemed by such officers to be necessary, desirable or advisable with respect to any matters contemplated by this ordinance in order to effectuate said borrowing and the intent hereof.
The City Manager and the City Finance Director shall notify the City Council in writing prior to executing, amending or supplementing, or modifying any documents or taking action pursuant to this Section, but the validity of Bonds and Notes issued hereunder shall in no way depend upon the occurrence of such action. The documentation in connection with the issuance of the Bonds and Notes shall require that periodic reports summarizing payments for Project costs will be forwarded to the City Finance Director, the Director of Public Works, and to the City Clerk. The City Clerk shall forward such reports to the members of the City Council.
SECTION VII. The City Manager and the City Finance Director are hereby authorized to deliver the bonds or Notes to the purchaser and said officers are hereby authorized and instructed to take all actions, on behalf of the City, necessary to ensure that interest on the Bonds or Notes will be excludable from gross income for federal income tax purposes and to refrain from all actions which would cause interest on the Bonds or Notes to become subject to federal income taxes.
SECTION VIII. This ordinance is an affirmative action of the City Council of the City toward the issuance of the Bonds and Notes in accordance with the purposes of the laws of the State. This ordinance constitutes the City’s declaration of official intent, pursuant to Treasury Regulation ' 1.150-2, to reimburse the City’s Water Enterprise Fund for certain capital expenditures for the Projects paid on or after the date which is sixty (60) days prior to the date of this ordinance but prior to the issuance of the Bonds or Notes. Such amounts to be reimbursed shall not exceed $1,000,000 and shall be reimbursed not later than eighteen (18) months after (a) the date on which the expenditure is paid or (b) the date the particular project is placed in service or abandoned, but in no event more than three (3) years after the date the expenditure is paid.
SECTION IX. The City Manager and the City Finance Director are authorized to take all actions necessary to comply with federal tax and securities laws including Rule 15c2-12 of the Securities and Exchange Commission (the “SEC Rule”) and to execute and deliver a Continuing Disclosure Certificate in connection with the Bonds or Notes in the form as shall be deemed advisable by the City Manager and the City Finance Director in order to comply with the SEC Rule. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the continuing Disclosure Certificate, as it may be amended from time to time. Notwithstanding any other provision of this ordinance of the Bonds or Notes, failure of the City to comply with the Continuing Disclosure Certificate shall not be considered an event of default; however, any Bondholder or Noteholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this Section and under the Continuing Disclosure Certificate.
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 Rogers, it is unanimously voted to approve for First Passage.
Maryann Matthews, 51 Outlook Avenue, East Providence, Rhode Island is present and sworn. She addresses the Council and requests that the council fully fund the English as a Second Language School Teachers and the only Multi-Lingual Interpreter in the School District with an amount of $45,000.
Councilman Ramos responds by saying that he doesn’t think the Council can get involved this year, he believes in the program, but can’t support it right now.
2. Introduce Ordinance to address Police Policy & Procedures.
Ms. Matthews states that the City has never had a complaint process pertaining to the East Providence Police Department. She says that a committee has been working on putting together a formal complaint process. She says that because the Police Chief could not be here this evening, she will wait to discuss the ordinance. She goes on to say that most specifically they are concerned with a report from the Attorney General’s office which outlines some of the issues that the City should be looking at with regard to stopping vehicles and searching these vehicles that are affecting predominately people of color at a higher rate that what is expected. Because of the Chief’s absence, Ms. Matthews asks that this be delayed to the next meeting.
Unanimous Consent
Councilman Miranda says that the Council should invite the Senators and Representatives to the next meeting with regard to the School Department financial issues. He says that because the mandates come from the State Legislature, they should also be on hand for the meeting.
On motion of Councilman Miranda, seconded by Councilman Rogers, the meeting adjourns at 10:55 p.m.
Attest:
____________________________
Valerie A. Perry, CMC
City Clerk Approved: May 4, 2004