CITY OF EAST PROVIDENCE

 

RHODE ISLAND

JOURNAL OF REGULAR COUNCIL MEETING

MAY 18, 2004

 

The City Council meets in the Council Chamber on Tuesday May 18, 2004 and is called to order  at 7:50 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 Conley

)

Acting City Manager

 

Gregory S. Dias

)

Acting City Solicitor

 

 

 

 

 

Kathleen Roderick

)

Deputy City Clerk

 

The invocation is read by Councilman Harrington and the Salute to the Flag is led by Councilman Ramos.

                                                           

CONSENT CALENDAR

 

1.  Approval of Council Journals

Regular Meeting - April 13, 2004

Closed Session - April 13, 2004

 

2.  Abatements/Cancellation, Alberto Ereio, City Assessor

 

YEAR

AMOUNT    

2003

$ 71.23

2002

  166.95

2001

 56.76

Total

$294.94

 

3.  Resolution - Town of Westerly, R.I. concerning revenue sharing and alternate methods of revenue enhancement

 

4.  Resolution- City of Newport, R.I. opposing legislation to allow casino gambling 

 

5.  Alcoholic Beverage - Class F - May 28, 29, 30, 2004

Holy Ghost Beneficial Brotherhood of R.I., 51 No. Phillips Street

 

6.  Alcoholic Beverage - Class F - June 11, 12, 13, 2004

Sacred Heart Church, 118 Taunton Avenue


7.  Alcoholic Beverage - Class F - June 4, 5, 6, 2004

Trinity Brotherhood Club, 146 Sutton Avenue

 

Councilman Rogers proposed a clarification on the Consent Calendar that in the minutes of the last meeting, there is a reference to Mr. O’Hare, who is soon to be City Clerk, upon the retirement of Valerie Perry, as Acting City Clerk.  Mr. Rogers moved that the word “Acting” be deleted, so that Mr. O’Hare will be City Clerk.  Mr. Rogers moved that with that modification, that the Consent Calendar be so amended.  The motion was seconded by Councilman Ramos, and passed unanimously on a roll call vote.

 

PROCLAMATIONS, PRESENTATIONS, INTRODUCTIONS

 

Announcing the Narragansett Water Pollution Control Association’s “MOST EFFICIENT TREATMENT PLANT AWARD” to the East Providence Wastewater Treatment Facility.

 

Public Works Director Steve Coutu and Wastewater Treatment Superintendent Tom White explain the significance of the award.  Steve Coutu mentioned that in spite of having less than state of the art equipment, they have been able to attain a standard of efficiency that earned them this award, and he expresses his pride on their behalf.  Tom White comments about the award and commends his staff.

 

APPOINTMENTS

 

(By Councilman Isadore Ramos)

Library Board of Trustees

Donna Drapeau            28 Riverwoods Court

 

On motion of Councilman Miranda, seconded by Councilman Harrington, it is unanimously approved.

 

On motion of Councilman Rogers, seconded by Councilman Harrington, it is unanimously voted to change the order of business to vote on the Resolution establishing the condition of employment for the City Manager.

 

Mr. Fazioli is invited to the podium before the resolution is acted on to say a few words.  Councilman Ramos then asks to speak on the Resolution first.  Councilman Rogers says that all the Council want to speak on the Resolution.  Councilman Ramos states that he has some questions.  Councilman Rogers asks that the Clerk read the Resolution in its entirety. 

 

The Clerk reads the Resolution:

 

RESOLUTION ADOPTING CONDITIONS OF EMPLOYMENT FOR CITY MANAGER WILLIAM J. FAZIOLI

 

BE IT RESOLVED that the following conditions of employment for City Manager William J. Fazioli are hereby adopted by the City Council of the City of East Providence:

 

1.  The City agrees to pay City Manager William J. Fazioli an annual base salary of $122,000 payable in installments at the same time other employees of the City of East Providence are paid, subject to annual review.  The City Manager shall be eligible for salary increases at the discretion of the City Council.

 

2.  The City agrees to provide family health and dental insurance and life insurance for the City Manager equal to that provided for in the Agreement by and between the East Providence Department Heads and the City of East Providence, Rhode Island.

 

3.  The City Manager shall be entitled to reimbursement of reasonable documented expenses in carrying out his duties. 

 

4.  The City Manager shall be entitled to four weeks vacation per year.  The City Manager shall have the same number of sick days and personal leave days as provided for in the Agreement by and between the East Providence Department Heads and the City of East Providence, Rhode Island.  Accrual of sick leave and vacation leave shall be subject to the same limitations as provided for in the Agreement by and between the East Providence Department Heads and the City of East Providence, Rhode Island.

 

5.  The City shall provide the City Manager the use of an automobile at its cost (or reimbursement of automobile expenses) to be mutually agreed upon.

 

6.  City Manager William J. Fazioli is granted permission to participate in the State retirement system on the same basis as other City employees.

 

7.  The City agrees to enroll the City Manager in the International City Manager’s Association pension program and to make appropriate contributions on the City Manager’s behalf.  The City Manager shall also be entitled to participate in the deferred compensation plan on the same terms as provided for in the Agreement by and between the East Providence Department Heads and the City of East Providence, Rhode Island. 

 

8.  In accordance with the guidelines of the International City Manager’s Association and as an inducement for the City Manager to leave his current employment and accept the position of the City Manager, if the City Manager’s employment is terminated by the City Council other than for cause during the first year of employment, the City shall provide a severance payment equal to the number of months remaining to the first anniversary date from the date of hire at the City Manager’s current rate of pay.

 

9.  In the event the City Manager voluntarily resigns his position with the City, the City Manager will provide a minimum of 30 days notice.  In such event, the City Manager shall not be entitled to any severance but shall receive termination pay as provided for by the City Charter and as granted by the City Council.

 

10.  The City Manager is authorized to secure membership in those national and state City Manager organizations that he deems necessary.  The City Manager is further given authority to pay out of City funds for said memberships.

 

______________________________________

 

Councilman Rogers proceeds to speak on the Resolution.  He notes that he and Councilman Harrington were Co-Chairs in the selection process.  He welcomes Mr. Fazioli.  He notes that the salary is $122,000 and that is a lot of money, and that Mr. Fazioli will become the highest paid employee in East Providence, because he has the most important job, making sure that the City runs well.  He notes that you get what you pay for, and states that the salary is comparable to that in other municipalities and gives examples. 

 

Councilman Ramos speaks about his concerns regarding the process and speaks about the resolution that establishes the City Manager’s employment agreement.  He questions the fact that the City Manager is receiving two pensions and says he will not support that.  Mayor Grant says that it has always been the practice, but Councilman Ramos says he wants it stopped.

 

Councilman Harrington asks Mr. Conley to clarify the pension for the City Manager.  Mr. Conley reviews the process.  He says a deposit is made in the ICMA in a deferred compensation plan.  He says it is like a 401K and is at the discretion of the Council.  Following Mr. Conley’s comments, Councilman Rogers invites Mr. Fazioli to the podium.  Mr. Fazioli makes some remarks on his background and congratulates Mr. Conley on the fine job he did as Acting City Manager. 

 

Following Mr. Fazioli’s remarks, Councilman Ramos asks to speak about his concerns with item No. 7 in the City Manager Employment agreement.  He states that he does not approve the fact that the City Manager will be receiving two pensions.  Councilman Rogers suggests adding the wording Aat the discretion of the City Council@ at the end of the sentence A The City agrees to enroll the City Manager in the International City Manager’s Association pension program and to make appropriate contributions on the City Manager’s behalf.

On motion of Councilman Rogers, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to adopt the resolution as amended.

 

Mayor Grant announces that the City Manager’s inauguration will be held on Wednesday,

June 9, 2004 at 12:00 P.M. and the public is invited.

 

CITY COUNCIL SITTING AS LICENSING COMMISSIONERS     

 

LICENSES NOT REQUIRING PUBLIC HEARING

 

1.  Victualing/Not Over 50 Transfer

From Panayiotis Mihalos, dba Riverside Kitchen

To Jared Aronson, dba Riverside Kitchen, 467 Willett Avenue

 

The applicant is not present. 

 

On motion of Councilman Miranda, seconded by Councilman Harrington, it is unanimously voted to defer this license and the following two licenses.

 

2.  Video - Transfer

From Panayiotis Mihalos, dba Riverside Kitchen

To Jared Aronson, dba Riverside Kitchen, 467 Willett Avenue

Subject to approvals of Police Chief, Building Inspector, Health Inspector

 

3.  Video (Sunday)

From Panayiotis Mihalos, dba Riverside Kitchen

To Jared Aronson, dba Riverside Kitchen, 467 Willett Avenue

 

4.  Peddler - Ice Cream

Stephen Poole, dba Eskimo King, 34 Unity Avenue, East Providence, Rhode Island

 

The applicant is present and sworn. 

 

On motion of Councilman Ramos, seconded by Councilman Miranda, it is unanimously voted to approve.

 

5.  Peddler - Ice Cream

Agrom Sylaj, dba Valbona Frozen Lemonade and Ice Cream, 128 Bryon Ave., Pawtucket,

 

The applicant 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 and Health Inspector.

                                               

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL  

 

ORDINANCES - FINAL PASSAGE

 

(Given first passage May 4, 2004)        (Advertised - Prov. Journal - May 7, 2004)

 

The following ordinance creates a real estate property tax classification

 

2.  AN ORDINANCE IN AMENDMENT OF CHAPTER 16 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “TAXATION”, which adds the following:

Article VIII.  Property Tax Classification. - Sec. 16-94.  Ratable property classification.

(a) All ratable property in the city of East Providence shall be classified by the tax assessor as follows:

 

(1) Class 1.  Residential real estate consisting of no more than three (3) dwelling units, land classified as open space, and dwellings on leased land including mobile homes.  A homestead exemption provision is also authorized within this class; provided, however, that the actual effective rate applicable to property qualifying for this exemption shall be construed as the standard rate for this class against which the maximum rate applicable to another class shall be determined.

 

(2) Class 2.  Commercial and industrial real estate, residential properties containing partial commercial or business uses and residential real estate of more than three (3) dwelling units.

 

(3) Class 3.  All ratable tangible personal property; excluding wholesale and retail inventory, which shall be taxed in accordance with '44-3-29.1 of the Rhode Island General Laws.

 

(4) Class 4.  Motor vehicles and trailers subject to the excise tax created by Chapter 34 of this title.

 

(b) The tax rate applicable to any class shall not exceed by two hundred percent (200%) the rate applicable to any other class.

 

(c) Any tax rate changes from one (1) year to the next shall be applied such that the same percentage rate change is applicable to all classes.

 

(d) Notwithstanding subdivisions (a) and (b), the tax rates applicable to wholesale and retail inventory within Class 3 as defined in subsection (b) are governed by R.I.G.L. ' 44-3-29.1.

 

(e) Notwithstanding subdivisions (a) and (b), the tax rates applicable to motor vehicles within Class 4 are governed by R.I.G.L. ' 44-34.1-1.

 

(f) Notwithstanding subdivisions (a) and (b), the tax rates applicable to residential real estate within subsection (b) are governed by R.I.G.L. ' 44-5-70.

 

(g) The provisions of Chapter 35 of Title 44 of the Rhode Island General Laws relating to property tax and fiscal disclosure applies to the reporting of and compliance with these classification restrictions.

On motion of Councilman Rogers, seconded by Councilman Miranda, it is unanimously voted to dispense with the reading of the ordinance.

                                                                       

Mr. Conley explains the ordinance. 

 

The meeting is open to public comments.

 

Tom West, 149 Terrace Avenue, Riverside, Rhode Island is present and sworn.  Mr. West asks what the difference is between the residential and commercial.  Mr. West speaks about the impact of the proposed tax rate.  He asks what the relationship is between the 5.5% cap and the fact that many people are expecting a 25-30% increase in their taxes.  Mr. McDonald explains that the appropriation in last year’s budget called for a 4% tax increase from the old tax rate.  That appropriated roughly $60,000,000.  Now that the City has new valuations, it still has to raise $60,000,000.  Now the City is raising the $60,000,000 with a different basis.  Everyone’s rate has changed, both residential, which will be in the $15+ rate and the commercial, which will be in the $19+ rate. 

 

Maryann Matthews, 51 Outlook Avenue, East Providence, Rhode Island is present and sworn.

Ms. Matthews comments on the proposed tax rate.  She says the Council can’t use the model they are using because the numbers do not apply.

 

Motion to adopt the ordinance is made by Councilman Rogers, seconded by Councilman Ramos.  Roll call vote follows:

 

Councilman Harrington

Nay

Councilman Miranda

Aye

Councilman Ramos

Nay

Councilman Rogers

Aye

Mayor Grant

Aye

 

The motion passes 4-1.

 

On motion of Councilman Harrington, seconded by Councilman Rogers, it is unanimously voted to change the order of business and revert back to the licenses, as the applicant is now present.

 

1.  Victualing/Not Over 50 Transfer

From Panayiotis Mihalos, dba Riverside Kitchen

To Jared Aronson, dba Riverside Kitchen, 467 Willett Avenue

 

Jared Aronson, 10 Roseland Court, Riverside, Rhode Island is present and sworn. 

On motion of Councilman Harrington, seconded by Councilman Ramos, it is unanimously voted to approve , subject to approvals of the Police Chief, Building Inspector, and Health Inspector.

 

2.  Video - Transfer

From Panayiotis Mihalos, dba Riverside Kitchen

To Jared Aronson, dba Riverside Kitchen, 467 Willett Avenue

 

3.  Video (Sunday)

From Panayiotis Mihalos, dba Riverside Kitchen

To Jared Aronson, dba Riverside Kitchen, 467 Willett Avenue

 

On motion of Councilman Rogers, seconded by Councilman Harrington, it is unanimously voted to approve, subject to approvals of the Police Chief and Building Inspector.

 

Unanimous Consent

Mr. Conley receives unanimous consent to announce that the two Bond ordinances were supposed to be on the docket for Final Passage.  He said they were advertised and copies are being made now. 

 

NEW BUSINESS

 

a.  CITY MANAGER

 

1.  Proposed Street Abandonments of City Paper Streets.

Mr. Conley recommends that the City do the abandonments on a street by street basis.

 

On motion of Councilman Ramos, seconded by Councilman Miranda, it is unanimously voted to approve.

 

2.  Rose Larisa Memorial Park Handicap Accessibility

 

Mr. Conley announces that the Park will open on June 12 but the stairs will remained closed until the handicapped accessibility problem has been resolved.  Councilman Harrington says he does not understand why the stairs have to be closed.  Councilman Rogers speaks on the Court’s rule on the ADA requirements.  Councilman Ramos says that no one should be discriminated against and by allowing the stairs to be open, the handicapped will be discriminated against.  He also mentions that the stairs do not meet the code and the proper permits were not taken out.

 

3.  Hiring Freeze - Requesting to fill the following positions:

 

C  Electrical Mechanical Supervisor (Water Pollution Control Division)

C  Mechanic (Water Pollution Control Division)

C  Young Adult Services Librarian        

 

Councilman Ramos says it is illegal for the Council not to fill the positions.  Mr. Conley agrees.  Councilman Harrington asks what the dollar figures are.  Mr. Conley says the first two positions will be paid from a special fund and will not impact the general fund.  Mr. Rogers makes a motion to fill the Electrical Mechanical Supervisor position.

 

Councilman Ramos says he knows that the position comes out of the Wastewater Fund, but the State says we have to fill the position or we will be fined.   

 

Councilman Ramos seconds the motion.  Roll call vote follows:

 

Mr. Harrington

Nay

Mr. Miranda

Aye

Dr. Ramos

Aye

Mr. Rogers

Nay

Mayor Grant

Aye

 

Motion passes 3-2.

 

Motion is made by Councilman Rogers to fill the position of Mechanic at the Water Pollution Control Division.  Mr. Miranda seconds the motion.  Roll call vote follows:

 

Mr. Harrington

Nay

Mr. Miranda

Aye

Dr. Ramos

Aye

Mr. Rogers

Nay

Mayor Grant

Aye

 

Motion passes 3-2.

 

Motion is made by Councilman Rogers to fill the position of the Young Adult Services Librarian.  Roll call vote follows:

 

Mr. Harrington

Nay

Mr. Miranda

Nay

Dr. Ramos

Nay

Mr. Rogers

Nay

Mayor Grant

Nay

 

Councilman Rogers says his vote should be Aye.

 

The motion fails 4-1.

 

4.  Requesting Council approval to award contract for Looff Carousel Landscape Services

Councilman Ramos questions the reasons for awarding the contract to a company whose bid came in at a significant higher bid than the others.  Mr. Conley says he will request a more detailed report from the Parks and Recreation Director.  He asks that the matter be deferred until a more detailed memorandum be received.

 

On motion of Councilman Rogers, seconded by Councilman Ramos, it is unanimously voted to defer.

                       

5.  Requesting Council approval to award contact for 2002 Bond Issue Road Improvements Phase II

 

On motion of Councilman Rogers, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to approve.

 

Councilman Ramos speaks about the D.O.T.’s work on Willett Avenue, and says he has received complaints from neighbors about the equipment stored at the American Legion and the early morning noise from the equipment. He asks if the state can be asked to put a fence around the property.  Mayor Grant says he doesn’t know why they can’t go down to the State property. 

 

6.  Requesting Council approval to award contract for Looff Carousel Painting  

 

On motion of Councilman Rogers, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to approve.

 

Unanimous Consent - Mr. Conley

Mr. Conley reports that two ordinances were supposed to be on this docket for Public Hearing but did not make the docket, but were properly advertised. 

 

AN ORDINANCE APPROPRIATING $4,500,000 TO FINANCE THE CITY OF EAST PROVIDENCE TO FINANCE THE FOLLOWING PROJECTS IN THE CITY:  REPAIRS TO THE LOOFF CAROUSEL, UPGRADE OF THE WATCHEMOKET STORM DRAIN; REPAIRS AND RENOVATIONS TO THE POLICE STATION; FEASIBILITY STUDY AND PRELIMINARY PLANNING FOR A NEW FIRE STATION; WATERFRONT DEVELOPMENT; SOCCER FIELD AND OTHER RECREATIONAL FACILITY DEVELOPMENT; WARREN AVENUE STREET SCAPE; THE ACQUISITION OF PROPERTY; AND REPAIRS AND IMPROVEMENTS TO THE STORM DRAINAGE AND SANITARY SEWER SYSTEMS AND AUTHORIZING $4,500,000 BONDS OR NOTES TO FINANCE SAME

 

WHEREAS, Chapter 273 and Chapter 349 of the Public Laws of Rhode Island 2002 authorize the issue of $4,500,000 bonds and notes in anticipation thereof by the City of East Providence to finance the following projects in the City:  Repairs to the Looff Carousel, Upgrade of the Watchemoket Storm Drain; Repairs and Renovations to the Police Station; Feasibility Study and Preliminary Planning for a New Fire Station; Waterfront Development; Soccer Field and Other Recreational Facility Development; Warren Avenue Street Scape; the Acquisition of Property; and Repairs and Improvements to the Storm Drainage and Sanitary Sewer Systems (hereinafter referred to as the "Project"); and

 

WHEREAS, said Chapters were duly approved by a majority of those voting on the question at a special election held November 5, 2002 said election having been called and held and the question prescribed by Section 12 of said Chapters presented in accordance with law, and said Chapters are presently in full force and effect; and

 

WHEREAS, $2,300,000 in bond anticipation notes have previously been issued pursuant to this authority (the "Notes"); and

 

WHEREAS, the Project is a capital project for public improvements needed by the city;

 

THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:

 

SECTION I.  The sum of $4,500,000 is hereby appropriated for the purpose of the Project including retirement of the Notes at the maturity thereof.

 

SECTION II.  The issue of $4,500,000 bonds or notes in anticipation thereof to meet the foregoing appropriation is hereby authorized pursuant to Chapter 273 and Chapter 349 of the Public Laws of Rhode Island, 2002 and the City Charter.  The City Council shall determine by resolution the time or times and manner at and in which said bonds or notes in anticipation of such bonds shall be issued and sold and the officers issuing the bonds or notes shall determine the form of the bonds or notes in accordance with law.

 

SECTION III.  The estimated maximum cost of the Project is $4,500,000 and any unexpended sum from said appropriation shall be used for either the retirement of said bonds or notes issued in anticipation thereof or for the payment of interest thereon.  Prior to issuance of said bonds or notes in anticipation thereof, funds may be advanced from the city’s general fund for Project costs.

There is no one present wishing to speak on the ordinance.

 

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 APPROPRIATING $4,500,000 TO FINANCE THE PLANNING, CONSTRUCTION AND RECONSTRUCTION OF STREETS AND/OR SIDEWALKS  WITHIN THE CITY AND CONSTRUCTION OF A NEW LIBRARY IN THE RIVERSIDE SECTION OF THE CITY AND AUTHORIZING BONDS OR NOTES TO FINANCE SAME.

 

WHEREAS, Chapter 270 and Chapter 343 of the Public Laws of Rhode Island 2002 authorize the issue of $4,500,000 bonds and notes in anticipation thereof by the City of East Providence to finance the planning, construction and reconstruction of streets and/or sidewalks within the city and construction of a new library in the Riverside section of the City (hereinafter referred to as the "Project"); and

 

WHEREAS, said Chapters were duly approved by a majority of those voting on the question at a general election held November 5, 2002 said election having been called and held and the question prescribed by Section 12 of said Chapters presented in accordance with law, and said Chapters are presently in full force and effect; and

 

WHEREAS, $2,700,000 in bond anticipation notes have previously been issued pursuant to such authority (the "Notes"); and

 

WHEREAS, the Project is a capital project for public improvements needed by the city;

 

THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:

 

SECTION I.  The sum of $4,500,000 is hereby appropriated for the purpose of the Project.

 

SECTION II.  The issue of $4,500,000 bonds or notes in anticipation thereof to meet the foregoing appropriation is hereby authorized pursuant to Chapter 270 and Chapter 343 of the Public Laws of Rhode Island, 2002 and the City Charter.  The City Council shall determine by resolution the time or times and manner at and in which said bonds or notes in anticipation of such bonds shall be issued and sold and the officers issuing the bonds or notes shall determine the form of the bonds or notes in accordance with law.

 

SECTION III.  The estimated maximum cost of the Project, including retirement of the Notes at the maturity thereof, is $4,500,000 and any unexpended sum from said appropriation shall be used for either the retirement of said bonds or notes issued in anticipation thereof or for the payment of interest thereon.  Prior to issuance of said bonds or notes in anticipation thereof, funds may be advanced from the city’s general fund for Project costs.

 

There is no one from the public wishing to be heard.

 

On motion of Councilman Ramos, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to approve for Final Passage.

 

Mr. Conley states that Bond Counsel wants the Bond Resolution that was passed last meeting to be given second passage. 

 

A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO BORROW $1,700,000 IN ANTICIPATION OF CITY REVENUES

SECTION I.  Pursuant to Section 45-12-4.3 of the Rhode Island General Laws and Section 4-22 of the Charter of the City, the Director of Finance is authorized to borrow during the fiscal year ending October 31, 2004 $1,700,000 in anticipation of City revenues constituting sewer user charges as may be permitted by law for the purpose of meeting the current liabilities and expenses of the City and that the Director of Finance is authorized to issue the note or notes of the City therefore and to refund such note or notes and any revenue anticipation notes of a prior year to the extent permitted by law.

 

On motion by Councilman Rogers, seconded by Councilman Harrington, it is unanimously voted to adopt.

                       

b.  REPORTS OF OTHER CITY OFFICIALS

 

(By City Solicitor)

Claims and Litigation Committee Report

 

Litigation - City of East Providence Vs. Kovatch Mobile Equipment Corp.

C.A. No. PC 04-0109

 

Refer to Law Department

 

On motion of Councilman Miranda, seconded by Councilman Rogers, it is unanimously voted to accept as presented.

 

Unanimous Consent - Mr. Conley

Mr. Conley speaks on the City’s participation in the energy aggregation program, and recommends that the City continue’s its participation in the program.

 

On motion of Councilman Miranda, seconded by Councilman Harrington, it is unanimously voted to approve.

 

Report by Bruce Dufresne, Harbormaster

Mr. Dufresne reads his report (full report in Council file).

 

 

By Jeanne Boyle, Planning Director

2004-2005 City Council Authorization of CDBG Budget

 

Jeanne Boyle presents the report to the Council.  Councilman Ramos says he thinks the Council should inform Ms. Boyle of their concerns. 

 

Mayor Grant says the Council has discussed taking the $50,000 from item #7 (100 Bullocks Pt. Building Project) and distributing it to:

 

#4 - Street Reconstruction Program - add $29,000                  

#5 - Sidewalk Reconstruction Program - add $10,000

#8 - Tree Planting Program - add $10,000

#10 - Ancient Littleneck Road Improvements - add $1,000

 

Ms. Boyle mentions that the tree planting program was left at $0.00 because money from last year’s allocation has not been spent.  It is suggested that the money be used for that program anyway, which will provide additional trees to the City.  Jeanne Boyle says the money has to be spent, and urges the Council to set time limits to make sure the money is spent.  Councilman Rogers suggests that if the money can’t be spent on trees, that it default to the sidewalks.

 

Motion to approve as amended is made by Councilman Rogers, seconded by Councilman Miranda.

 

Councilman Harrington speaks on the Parks and Playgrounds allocations.  He says only the Providence Avenue Playground improvements were approved and asks Ms. Boyle to explain.  She states that they look at priority needs and look at where the highest numbers of low income people are located and who will benefit from the programs.  She says not all eligible areas are equal, some have a higher concentration of low-income persons.  She says Providence Avenue Playground has a higher concentration of low-income persons than the others. 

 

The motion passes unanimously on a roll call vote.

 

c.  COUNCIL MEMBERS

 

(By Mayor Rolland R. Grant)

Flying the Flags on Memorial Day

 

Mayor Grant requests that all citizens fly flags for the troops serving in Iraq.

 

d.  RESOLUTIONS

 

1.  RESOLUTION REQUESTING SENATORS AND REPRESENTATIVES IN THE GENERAL ASSEMBLY FROM EAST PROVIDENCE TO INTRODUCE LEGISLATION TO AUTHORIZE A BOND REFERENDUM IN THE AMOUNT OF $5,000,000 

RESOLUTION NO. 33

On motion of Councilman Rogers, seconded by Councilman Ramos, the Resolution is adopted. 

 

COMMUNICATIONS

 

1.  Request by East Bay Realty Corp II for property tax exemption per RIGL 44-3-3 for property located at 193 Waterman Avenue (Deferred from May 4, 2004)

 

John Digits, 52 Amaral Street, East Providence, Rhode Island is present and sworn.

 

Following Mr. Digits statement, Councilman Rogers notes that there is a memo from the Tax Assessor recommending denial of the request.   

 

Tax Assessor Albert Ereio states that there are other groups in the City living in this type of housing and he suggests that they be taxed in the same fashion as those groups, who pay between 6.2 to 8% of their gross income. 

 

On motion of Councilman Ramos, seconded by Council Harrington, it is unanimously voted to deny the request and to accept the Tax Assessor’s recommendation.

 

The meeting adjourns at 10:55 p.m.

 

Attest:

 

 

________________________________

Valerie A. Perry, CMC

City Clerk

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