CITY OF EAST PROVIDENCE

 

RHODE ISLAND

JOURNAL OF REGULAR COUNCIL MEETING

DECEMBER 20, 2005

 

The City Council meets in the Council Chambers on Tuesday, December 20, 2005 and Mayor Joseph S. Larisa, Jr. calls the meeting to order at 7:40 p.m.

 

Present:

Mayor Joseph S. Larisa, Jr.

)

 

 

Patrick T. Caine

)

 

 

Peter F. Midgley

)         

Council Members

 

Valerie A. Perry

)

 

 

Norman J. Miranda

)

 

 

William J. Fazioli

)

City Manager

 

William J. Conley, Jr.

)

City Solicitor

 

Dana L. Toy

)

City Clerk

 

The invocation is read by Councilwoman Perry and the Salute to the Flag is led by Councilman Miranda.

 

Lori Merolla from Merandi Reporting is present to record the proceedings of the public hearing.

 

I.   CONSENT CALENDAR

A.  APPROVAL OF COUNCIL JOURNALS

November 15, 2005 – Regular Meeting     

November 15, 2005 – Closed Meeting Re: Job Performance

December 6, 2005 – Regular Meeting

December 6, 2005 – Closed Meeting Re: Collective Bargaining

 

B.  CANCELLATION/ABATEMENTS (Requested by Tax Assessor)

YEAR

AMOUNT

2005

$4,022.34

2004

$3,356.24

TOTAL

$7,378.58

 

C.  RENEWAL: B-Full Priv. Vict., Vict/Over 50, Dance/Entertainment, Pool Table, and Pool Table Sunday licenses to James Dillenbach, d/b/a 305 Club, 305 Lyon Avenue.  Transfer approved at the July 12, 2005 meeting was withdrawn.

 

D.  RESOLUTION – TOWN OF EXETER – Resolution regarding State Aid and School District Funding.

 

RESOLUTION – TOWN OF HOPKINTON – Resolution objecting to the rate increase proposed by National Grid pending before the Public Utilities Commission.

 

E.  DEPT. OF ENVIRONMENTAL MANAGEMENT – Insignificant Alteration Permit, Application No. 04-0075 in reference to the property and proposed project located: approximately 130 feet south of Ivan Avenue and approximately 150 feet southeast of its intersection with Sumach Avenue, Assessors Map 309, Block 9, Parcel 5, East Providence, RI.

 

F.  COASTAL RESOURCES MANAGEMENT COUNCIL – File No. 2005-11-050, assent to construct and maintain: Red Bridge Residential Development, Waterman Avenue, Plat/Lot 105/1,17.

 

On motion of Councilwoman Perry, seconded by Councilman Caine, and on a roll call vote, it is unanimously voted to remove the minutes of the November 15, 2005 and December 6, 2005 Closed Meetings from the Consent Calendar and keep them closed. 

 

On motion of Councilman Caine, seconded by Councilman Midgley, and on a roll call vote, it is unanimously voted to approve the Consent Calendar. 

 

II.  APPOINTMENTS

East Providence Housing Authority  (Mayor’s Appointment)

Maryann Barao

29 Mason Street  (02914)

Mayor’s Appointment – No confirmation required.

 

Mayor Larisa receives unanimous consent from the Council and asks the City Clerk to send a letter of appreciation to Joseph Silveira, Jr., thanking him for his years of service on the East Providence Housing Authority.

 

Traffic Control  (by Councilman Miranda)

Jeffrey Paiva

118 Lyon Avenue (02914)

 

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

 

III.  CITY COUNCIL SITTING AS LICENSING COMMISSIONERS

 

LICENSES REQUIRING PUBLIC HEARING

 

Secondhand/Miscellaneous  Subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall.

Hollywood Entertainment Corp. d/b/a Hollywood Video #039103, 587 Taunton Avenue

 

Debbie Lineberger, 280 Asylum Road, Warwick, RI, is present and sworn in by the City Solicitor.

 

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

 

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

 

LICENSES NOT REQUIRING PUBLIC HEARING

 

Private Detective  Subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall.

Kenneth M. Vieira, 58 Meadowcrest Drive

 

On motion of Councilwoman Perry, seconded by Councilman Caine, it is unanimously voted to continue until the January 3, 2006 Council Meeting.

 

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL PUBLIC HEARING

 

IV.  PUBLIC HEARINGS

ORDINANCES – FINAL PASSAGE (Given first passage December 6, 2005.  Advertised-Providence Journal – December 9, 2005

 

1) The following is an ordinance amendment regarding handicap parking on Bluff Street

 

SECTION I.  Article X entitled “Stopping, Standing and Parking.” of Chapter 18 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Vehicles and Traffic.” Subsection 18-315 entitled “Reserved parking designated–Handicapped parking.” is amended by adding thereto the following:

 

BLUFF STREET (west side) from utility pole 15 northerly for a distance of 20 feet.

          (Requested by:  Director of Public Works)

 

 

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

 

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

 

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

           

2) The following is an ordinance amendment regarding stop sign on Middle Street

 

SECTION I.  Sec. 18-269 entitled “Stop and yield intersections designated; when stops required.” is amended by adding thereto the following:

 

MIDDLE STREET (eastbound and westbound traffic) at Willow Street.

(Requested by:  Director of Public Works)

 

 

On motion of Councilwoman Perry, seconded by Councilman Caine, it is unanimously voted to dispense with the reading of the ordinance.

 

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

 

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

 

3) The following is an ordinance amendment regarding handicap parking on 12 Leonard Avenue

 

SECTION I.  Article X entitled “Stopping, Standing and Parking.” of Chapter 18 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Vehicles and Traffic.” Subsection 18-315 entitled “Reserved parking designated–Handicapped parking.” is amended by adding thereto the following:

 

LEONARD AVENUE (north side) in front of house number 12.

 

 

On motion of Councilwoman Perry, seconded by Councilman Caine, it is unanimously voted to dispense with the reading of the ordinance.

 

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

 

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

 

4)  The following is an ordinance amendment regarding no parking on Grosvenor Avenue

 

SECTION I.  Article X entitled “Stopping, Standing and Parking.” of Chapter 18 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Vehicles and Traffic.” Subsection 18-307 entitled “Parking prohibited at all times.” is amended by adding thereto the following:

 

GROSVENOR AVENUE (north side) from Broadway intersection easterly for a distance of 240 feet to utility pole #17.

 

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

 

After discussion by Councilman Miranda, the ordinance is amended to read 165 feet and to delete the words “to utility pole #17”.

 

On motion of Councilman Miranda, seconded by Councilman Caine, and on a roll call vote, it is unanimously voted to approve as amended for First Passage.

 

 

On motion of Councilwoman Perry, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to change the order of business to move up Communications.

 

 V.  COMMUNICATIONS

George J. Brown, Jr., 41 Wannamoisett Road

Mr. Brown is sworn in by the City Solicitor and addresses the Council regarding attention  needed to the transportation conditions at the corners of Wannamoisett Road & Dover Avenue and Howland Avenue & Dover Avenue on Kent Heights School block.  No curbing is hazardous for the children.  During snowstorms, the plows come by and cover up where the children need to walk.  The school should be responsible for the care of that school block. 

 

With unanimous consent of the Council, Mayor Larisa asks the City Manager to work with the Public Works Director and to talk to the School Dept. to see if something can be done. 

 

Motion by Councilman Miranda, seconded by Councilwoman Perry, to return to the regular order of business.

 

 VI.  NEW BUSINESS

A.        CITY MANAGER’S REPORT

Request for new rescue apparatus and equipment

 

On motion of Councilman Miranda, seconded by Councilwoman Perry, it is unanimously voted to approve the request for computer equipment.

 

On motion of Councilman Miranda, seconded by Councilwoman Perry, it is unanimously voted to approve the request to go out for bid for new rescue vehicle.

 

Request for re-classifying Senior Center positions

 

Mr. Fazioli states the Senior Center has had tremendous growth since opening in 1998.  A number of positions were classified as temporary.  Asking for the Council’s permission to re-classify the registered nurse position and the community information specialist position under the City’s personnel ordinance.  The salaries are already fully budgeted in the Senior Center’s budget so there wouldn’t be any budgetary impacts.  There would be an increase in the budget regarding potential benefit increases once the positions have become classified positions, but propose to pay for this by a new series of clinics the Senior Center is having and that should bring in the funds to cover this added expense.

 

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

 

Workers’ Comp. Resolution

Mr. Fazioli defers this item to discuss after “Council Members”.

 

Year in Review

 

Mr. Fazioli discusses some of what the City has experienced during the last year.  Next year, there will be more proposals such as the expansion of the Senior Center, proposals for a multi-purpose center, more economic development, and other waterfront parcels opening.  One of the biggest challenges will be safeguarding the City’s finances.  Need to get our long-term credit rating back to where it was a couple of years ago.  Want to thank the City Council and the City staff for their support making these things possible. 

 

Councilman Miranda announces the State of Rhode Island has awarded $900,000 for the second phase of the Warren Avenue streetscape project, $300,000 for the India Point power lines project, and $100,000 for the RLMP traffic-calming project. 

 

Councilman Caine states we’re projecting a good image out there.  People build here because the approval process is easier and they get support from the City staff.  This leads to a proactive, professional management team in the City and I commend the City Manager for bringing that to us.  The Council also works well together and I’m proud of our accomplishments over the last year. 

 

Mayor Larisa announces we will be having the Annual State of the City Address to discuss all that has been accomplished in the City sometime in January 2006.

 

B.        REPORTS OF OTHER CITY OFFICIALS

CLAIMS COMMITTEE (By William J. Conley, Jr. City Solicitor)

Russell Deissler, Claim No. 05-90

Denied

Abby Klieman, Claim No. 05-102

Refer to Insurance Carrier

Harold Lavine, Claim No. 05-107

Denied

Marion & Tom Rinaldi, Claim No. 05-93

Denied

John Robertson, Claim No. 05-103

Denied

Rhonda Spaziano, Claim No. 05-100

Refer to Insurance Carrier

Lidia Januario, Claim No. 05-89

Received as Information

American Commerce Ins. Co. Insured: Donald Medeiros

 

Claim No. 05-98

Approved

USWA Local 15509 & City of East Providence

 

GR: Suspension & discharge of John Smith

 

AAA # 11 390 02915 04

Appeal

 

On motion of Councilman Caine, seconded by Councilman Midgley, and on a roll-call vote, it is unanimously voted to accept the Claims Report as presented.

 

1.         COUNCIL MEMBERS

Christmas Greetings (By Councilman Midgley) 

 

Councilman Midgley wishes everyone in the City a Merry Christmas and a Happy New Year.  It has been a good year for the City and it’s a good place to work and live in.

 

Councilman Miranda also wants to wish everyone a Merry Christmas and Happy New Year.

 

Budget Update: Health Care, Collective Bargaining Units, and School Committee

(By Councilman Caine)

 

Councilman Caine states health care costs are continuing to rise on the school and city sides and we’re continuing to work on reducing these costs.  Mr. Fazioli discusses alternatives to reducing these costs to generate savings.  Regarding the collective bargaining unit, Councilman Caine states he appreciates everyone’s cooperation regarding health care costs, which include some proposals.  The Council wants to thank the Dept. Heads for being the first in the City to agree to a co-payment on their health insurance.  Regarding ending buybacks, was very pleased when the vote was taken by School Committee to end them.  Was disheartened when the School Committee took a second vote to rescind that vote.  Don’t agree with their reason for doing that.  Still believe it is a public policy issue and urge them to reconsider their vote. 

 

Mayor Larisa states it is an outrage that this has happened.  This is why spending is out of control.  Of the 3 ½% tax increase we have, 1% or less is from the Council, the rest is from the School.  We have the worst contract in the history of East Providence.  The teachers say they gave up a lot, but big labor didn’t.  We can’t change that.  On co-pays and prescription drug benefits, we can’t touch them either.  They’ve always said they would agree to it when Police and Fire do, and they already do.  But they won’t go near it.  They say they have a contractual right to it.  Then there’s the issue of buybacks, which we thought would be something that could help out the taxpayer.  It doesn’t hurt the kids or hurt healthcare for them.  Big labor stepped in and talked to the School Committee and gets the three votes to overturn their vote.  We cannot afford to do this.  What has happened is not right.  They need to reverse the policy and do the right thing.

             

Snow Removal – It’s the law (By Councilwoman Perry)

 

Councilwoman Perry wants to remind everyone of the importance of removing snow on the sidewalks, especially on Pawtucket Avenue near the Wampanoag Trail.  There are many businesses there and the sidewalks aren’t done.  I’ve received many complaints that people and children have to walk on Pawtucket Avenue because the sidewalks aren’t shoveled.  We have an ordinance that states within four hours of daylight after snowfall, the snow is suppose to be removed from the sidewalk.  We need to start warning the businesses and individuals that if they don’t get that done, they will be fined.  Mayor Larisa states he forwards complaints to City Manager and Public Works and within 24 hours, a letter goes out to the individual or business and I believe most times, they’ve complied with it.  But believe it’s notifying them of what the law is, they may not be aware of the law.  Councilwoman Perry agrees, but there are still many individuals and businesses that haven’t complied.  Believe we need to have something in place to get these sidewalks taken care of.

 

Councilman Midgley states we ask people to shovel their sidewalks.  They do them and then the plow truck comes by and puts the snow right back on them.  They’re trying to do the right thing and then this happens.  If you’re out plowing and see people out there, please try to slow down when you go by.  I know you have a job to do too, but it’s frustrating for the honest people who are out doing what they’re suppose to do.

 

2.         RESOLUTIONS

 

The following is a resolution regarding workers’ compensation eligibility for City employees

 

WHEREAS, currently, employees of the City of East Providence are not eligible for workers’ compensation.

 

WHEREAS, pursuant to Rhode Island General Laws Section 28-31-1, acceptance of the provisions of Chapters 29-38 of Title 28, regarding workers’ compensation by a city shall be by vote of the City Council.

 

WHEREAS, in accordance with said Section, the City Council hereby designates all classified and non-classified employees subject to Chapter 29-38 of Title 28 of the Rhode Island General Laws excepting therefrom members of the police and fire departments.

 

WHEREAS, in accordance with said Section, upon passage the City Clerk shall file a certified copy of that vote with the Director of Labor and Training or his/her designee, and that filing shall be deemed, on the part of the City, a sufficient compliance with the provisions of R.I.G.L. § 28-29-8, requiring notice of election of an employer to become subject to its provisions.

 

WHEREAS, the filing of a copy of the vote as provided in said Section shall render the City subject to the provisions of Chapters 29-38 of Title 28 in accordance with that vote for the term of one year from the date of that filing, and subsequently for successive terms of one year, unless the vote of acceptance is rescinded by the City Council and a certified copy of the rescission shall be filed with the Director within sixty (60) days prior to the expiration of the first of each succeeding year.

 

NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of East Providence hereby accepts the provisions of Chapters 29-38 of Title 28 entitled “Labor and Labor Relations,” of the Rhode Island General Laws thus making the City and its classified and non-classified employees excepting therefrom members of the police and fire departments subject to Chapters 29-38 of Title 28 of the Rhode Island General Laws.

 

BE IT FURTHER RESOLVED, that the City Council for the City of East Providence instructs the City Clerk to file a certified copy of this vote with the Director of Labor and Training or his/her designee, on the part of the City, thereby complying with Chapters 29-38 of Title 28 of the Rhode Island General Laws workers’ compensation requirements.

 

 

Mr. Fazioli states adopting this resolution will bring us into compliance with the State Worker’s Comp. laws.  It will be beneficial for the City and the employees.  Will protect the City from certain civil action from work related injuries. 

 

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

 

There being no further business, on motion of Councilman Midgley, seconded by Councilwoman Perry, the meeting adjourns at 9:20 p.m.

Attest:

 

__________________________________

Dana L. Toy

            City Clerk                                                                   

 

 

                                                                                                            Approved: January 3, 2006

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