| | CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING FEBRUARY 1, 2005 | |
The City Council meets in the Council Chamber on Tuesday, February 1, 2005 and is called to order at 7:35 P.M. by Mayor Joseph S. Larisa, Jr.
Present: Mayor Joseph S. Larisa, Jr. )
Patrick T. Caine )
Norman J. Miranda ) Council Members
Valerie A. Perry )
Peter F. Midgley
William J. Fazioli ) City Manager
William J. Conley, Jr. ) City Solicitor
Dana L. Toy ) City Clerk
The invocation is given by Councilwoman Perry. The Salute to the Flag is led by Mayor Larisa.
Lori Merolla, Merandi Reporting, is present to record the proceedings of the public hearing.
I. CONSENT CALENDAR
1. APPROVAL OF COUNCIL JOURNALS
January 18 2005 – Regular Meeting
2. CANCELLATION/ABATEMENTS (Requested by Tax Assessor)
YEAR AMOUNT
2004 $219.01
TOTAL $219.01
3. BOARD OF ASSESSMENT REVIEW
Requested adjustments for hardships and residential Tax Board of Review
YEAR AMOUNT
2004 Real Estate Appeals (13 approved-10 denied-total of 23) $7,827.81
4. ALCOHOLIC BEVERAGE LICENSE – Class F – March 19, 2005
St. Martha’s Church, 2595 Pawtucket Avenue
5. CRMC PUBLIC NOTICE - File Number 2004-12-066 Application of RIDOT-Proposal to reconnect Warren Avenue with Bold Point Park.
On motion of Councilman Caine, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to approve the Consent Calendar.
II. APPOINTMENTS
Carousel Park Commission (by Councilman Midgley)
Sharlene Damiani, 887 Willett Avenue (02914)
On motion of Councilman Miranda, seconded by Councilman Midgley, it is unanimously voted to approve.
Carousel Park Commission (By Mayor Larisa)
Kathleen LaChance, 199 Ivy Street (02915)
On motion of Councilman Miranda, seconded by Councilman Caine, it is unanimously voted to approve.
III. PUBLIC HEARINGS
ORDINANCES – FINAL PASSAGE (Given first passage January 18, 2005. Advertised Providence Journal – January 21, 2005
1) The following is an ordinance prohibiting trucks over 2 tons on Martello Street.
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. Article VII entitled "Operation of Vehicles" of Chapter 18 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled "Vehicles and Traffic." Subsection 18-224 entitled "Certain trucks restricted on certain streets." is amended by adding thereto the following:
MARTELLO STREET
SECTION II. This ordinance shall take effect upon its second passage and all ordinances or parts of ordinances inconsistent herewith are hereby repealed.
(Requested by: Police Department)
On motion of Councilwoman Perry, seconded by Councilman Miranda, 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 Caine, seconded by Councilwoman Perry, and on a roll-call vote, it is unanimously voted to approve for Final Passage.
2) The following is an ordinance providing for euthanization on animals by lethal injection only.
AN ORDINANCE IN AMENDMENT OF CHAPTER 3 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “ANIMALS”
THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:
SECTION I. Article I entitled “In General” of Chapter 3 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Animals”, is amended by adding thereto the following:
Sec. 3-21. Euthanization by lethal injection only.
Within the city, any animal subject to destruction under the laws of the state or the ordinances of the city shall be euthanized by lethal injection only. No animal may be destroyed by use of a gas chamber.
SECTION II. This ordinance shall take effect upon its second passage and all ordinances or parts of ordinances inconsistent herewith are hereby repealed.
(Requested by Mayor Joseph S. Larisa, Jr.)
On motion of Councilwoman Perry, seconded by Councilman Caine, it is unanimously voted to dispense with the reading of the ordinance.
Dennis Tabella from Defenders of Animals is present and sworn in. Mr. Tabella states that destroying an animal is not a question of convenience, but a question of humaneness. This proposed ordinance would ensure that humaneness. Defenders of Animals requested through former state Representative Drapeau to introduce bills that address humane euthanasia. Those bills that became state law include not backing a truck up to a pit with a hose attached to the tailpipe and pumping in exhaust fumes into the pit, which was common practice in RI. Another bill he introduced that became state law was having only 1 animal put into the chamber at a time. Another bill that became state law was banning the use of the decompression chamber as a method of euthanasia. Numerous studies by Humane Society of the United States state that no puppies, kittens, older dogs or cats, cats with upper respiratory problems, sick, or injured animals should ever be euthanized in a gas chamber. That only leaves healthy animals, animals that probably shouldn’t be euthanized to begin with. The variables necessary for humane gas chamber death are impossible to ensure. We support this ordinance because it ensures that a veterinarian is directly involved in the euthanization of an animal & is also present to pronounce death. We believe that East Providence is now entering in a positive new chapter on how to handle animal population and this ordinance is an important step in that process. We have a duty as a caring society to provide a decent end to the lives of those animals destined to die in our shelters. This council, the Mayor, & the City Manager are to be commended for supporting this ordinance that ensures East Providence will be a beacon of hope for the animals entrusted in its care.
Mayor Larisa would like a couple of changes in the wording of the ordinance. For the first sentence, it should read, “Any domestic animal shall be euthanized by lethal injection only”. Then the next sentence should read, “No animal, domestic or wild, may be destroyed by use of the gas chamber”. The City Solicitor states that with these changes, if ordinance is approved tonight, it will have to be heard again for final passage.
On motion of Councilman Caine, seconded by Councilwoman Perry, and on a roll-call vote, it is unanimously voted to approve for First Passage with the changes above.
3) The following is an ordinance providing for handicap parking in front of 122 So. Blossom 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:
SOUTH BLOSSOM STREET (east side) in front of house number 122.
SECTION II. This ordinance shall take effect upon its second passage and all ordinances or parts of ordinances inconsistent herewith are hereby repealed.
(Requested by Director of Public Works.)
On motion of Councilwoman Perry, seconded by Councilman Miranda, 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.
IV. NEW BUSINESS
A. CITY MANAGER'S REPORT
1. Bond Refinancing Resolution
Mr. Fazioli states that there is an ordinance on the docket tonight to refinance prior bond issues. This is a bond from 1995 and the current rate is 5%. Want to take advantage of market conditions and refinance it at 3%. Would yield approx. $140,000 in savings to the City. The new bond does not extend the life of the bond, it is a refinance only. Have to wait 10 years before you can refinance it, the first 10 years are non-callable.
2. Hazard Mitigation Plan Resolution
Mr. Fazioli states that this resolution is deferred until the February 15, 2005 Council Meeting. FEMA & The Dept. of Homeland Security have approved the cities Hazardous Mitigation Plan. It deals with plans in case of a natural disaster. We are one of only four communities in the State which has this plan approved by FEMA and Dept. of Homeland Security. A public hearing will be held at the next council meeting.
3. OPEB Disclosure
Mr. Fazioli states this stands for other Post Employment Retirement Benefits. How much we owe in addition to pension liability that we have agreed to pay retirees. Biggest expense we have to start to disclose is the amount of health care costs we agreed to provide our retirees up to the age of 65. We agreed to provide Blue Cross to retirees up to age 65. This does not include dental. On an annual basis, currently pay 1.5 million per year as an expense to provide healthcare for retirees. That does not include the total liability we will owe. Will exceed 10-15 million if you aggregate all the potential future dollars that we would have to put aside to cover all our retirees up to age 65. We will have to start disclosing this in our audits come fiscal year 2008. That liability is on par with pension liability. This is another way to fully disclose how much money municipalities have to put aside to meet these liabilities. Working to get collective bargaining agreements on line in the future so that the public can view them or download them.
B. REPORTS BY OTHER CITY OFFICIALS
CLAIMS COMMITTEE REPORT
Marc Almeida, Claim No. 05-04 Refer to RIDOT
Susan Breault, Claim No. 04-64 Deny
Susan Gomez, Claim No. 05-03 Deny
Kevin Johnston, Claim No. 05-01 Refer to Law Dept.
Colleen Derrick, Claim No. 04-54 Deny
Grievances & Arbitrations Received as information
On motion of Councilman Caine, seconded by Councilwoman Perry, and on a roll-call vote, it is unanimously voted to accept as presented.
C. COUNCIL MEMBERS
(By Councilman Midgley)
“Fire Hydrants (Dog & Man’s Best Friend)”
Councilman Midgley wants to thank the city workers for their efforts on the last snowstorm. Discusses the importance of shoveling the fire hydrants out. Knows it is not your responsibility to do this, but it’s in your best interest in case of a fire to have them shoveled out.
“Noise Ordinance Review”
Councilman Midgley received a call from someone during the last snowstorm. They were using their snowplow and the Police came by saying there was an ordinance that states you cannot start a motor before 7am. He believes this was enacted so that people wouldn’t use lawnmowers before 7am. For the next meeting, Councilman Midgley would like the Council to consider relaxing this noise ban between the dates of November 20th through March 1st for snow removal during the aftermath of a snowstorm. Mayor Larisa would like the City Solicitor to draft something for the next council meeting that states except snow blowers in the aftermath of a snowstorm.
Councilman Miranda is given unanimous consent for Carnival Night on February 5, 2005. No alcoholic beverages sold. Many groups of performers participate in this. No amplified music, just different groups of dancers perform. Asking is we can extend Carnival Night to 2:30am. Some groups do arrive late and they want them to have a chance to perform.
On motion of Councilwoman Perry, seconded by Councilman Caine, it is unanimously voted to approve.
Councilman Caine is given unanimous consent to discuss the Glenlyon Park Design Review Committee. He has a list of names for this committee. They are local to the area and/or participate in soccer, softball, and baseball. Idea of the committee is for them to assist from a neighbors prospective to make sure issues are addressed/raised. Will be holding public meetings and will be able to participate at council meetings when necessary. The names are Kenneth Snyder, Fred Reinhardt, Michael Rogers, Michael Collins, and John Josephs.
Mayor Larisa also is given unanimous consent regarding the snowstorm. Wants to commend the workers for the great job they did plowing. Also, on the issues of Office Parkway, would like city manager to send a letter to the owners to make sure the sidewalks get taken care of. Councilman Caine interjects that he the members of Parkway Apartments Residents Assoc. a few weeks ago on the issues they have and also spoke to Fredericka Jay today. Also has spoken to the City Manager and Dept. of Public Works to pursue the businesses in that area to make sure sidewalks are being cleared. Trying to be very diligent dealing with the business owners to help out. DOT owns a section of this sidewalk as well, which they say they do not have to shovel. Fredericka Jay, member of Parkway Apartments Residents Assoc. comes up to speak. She has been talking to many people over the last 10 days, at the State and City, still with no results. Councilman Midgley states that this is a necessary path of travel. Appalled at the arrogance of whom you spoke to at the State. The State has an obligation to its citizens just as the City does. The right person needs to be contacted on this at the State to see if they will do it. Mayor Larisa states they probably won’t because they will think that if they do this one sidewalk, they will have to do every State sidewalk in the whole state. Need to get the State people, Henry Rose, Dan Daponte, Helio Melo, Mike Damiani, and get them to call the DOT to try and get this resolved.
D. RESOLUTIONS
1) The following is a resolution requesting the Providence Journal to reinstate publication of death notices.
Resolution was withdrawn.
V. INTRODUCTION OF ORDINANCES
(If given first passage, can be referred to the next regular Council meeting to be held on February 15, 2005 for a public hearing and consideration of final passage).
1) This ordinance authorizes the refinancing of $5.250 million of previously approved general obligation bonds.
WHEREAS, the City of East Providence issued $8,800,000 General Obligation Refunding Bonds dated as of August 15, 1995 (the "Series 1995 Bonds") for the purpose of (1) refunding a portion of a series of General Obligation Bonds dated June 1, 1990 issued by the City in the original principal amount of $15,600,000 pursuant to the following Public Laws and for the following purposes: (a) the constructing, equipping and furnishing of a new elementary school building and additions to existing buildings pursuant to Chapter 88 of Rhode Island Public Laws of 1986; (b) the constructing equipping and furnishing of a new elementary school building and additions to existing buildings pursuant to Chapter 477 of the Rhode Island Public Laws of 1988; (c) the cost of construction of an addition to, and renovations of the main library and renovations of the branch libraries pursuant to Chapter 464 of the Rhode Island Public Laws of 1988; and (d) the acquisition and preservation of open space and the acquisition preservation, restoration or improvement of recreational areas pursuant to Chapter 616 of the Rhode Island Public Laws of 1987, and (2) paying the costs of issuance of the bonds; and
WHEREAS, the Series 1995 Bonds are currently outstanding in the amount of $4,820,000; and
WHEREAS, Section 45-12-5.2 of the Rhode Island General Laws permits the issuance of Refunding Bonds in accordance with such Section notwithstanding the provisions of said Chapters of the Public Laws or the Charter of the City; and
WHEREAS, the Finance Director has determined that the issuance of Refunding Bonds will result in interest savings to the City; and
THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:
SECTION I. The sum of $5,250,000 is hereby appropriated for the purpose of refunding the Series 1995 Bonds and paying the costs associated therewith.
SECTION II. The issue of $5,250,000 Refunding Bonds to meet the foregoing appropriation is hereby authorized pursuant to Section 45-12-5.2 of the Rhode Island General Laws.
SECTION III. The estimated maximum cost of the Project is $5,250,000 and any unexpended sum from said appropriation shall be used for either the retirement of said bonds or for the payment of interest thereon.
Section IV. The Refunding Bonds shall be signed by the Director of Finance and the Mayor and the Director of Finance and the Mayor be, and they hereby are, authorized to determine the manner in which the Refunding Bonds shall be issued and sold, the denominations, maturities, interest rates and other terms, conditions and details of any such refunding bonds and the Director of Finance and the Mayor are hereby authorized to take all action necessary to effect the issuance of the Refunding Bonds to take all lawful action on behalf of the City necessary under the Internal Revenue Code of 1986, as amended (the "Code"), to ensure that the interest on the Refunding Bonds will remain exempt from Federal income taxation to the extent provided in Section 103 of the Code, and to refrain from taking any action which will cause interest on the Refunding Bonds to lose the benefit of exclusion from gross income provided by Section 103(a) of the Code.
SECTION VI. This ordinance shall take effect upon its second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
On motion of Councilwoman Perry, seconded by Councilman Caine, it is unanimously voted to dispense with the reading of the ordinance.
On motion of Councilman Miranda, seconded by Councilman Caine, and on a roll-call vote, it is unanimously voted to approve for first passage.
VI. COMMUNICATIONS
Petition for Change of Street Name – From: North Revere Street To: Realty Way
Petitioner: J. Robert Pesce, Lehigh Realty, LLC, 835 Taunton Ave.
Attorney for Petitioner: Martin P. Slepkow, Esq., 1481 Wampanoag Trail
On a motion of Councilman Midgley, seconded by Councilman Miranda, it is unanimously voted to continue this item until the next Council Meeting on February 15, 2005.
There being no further business, the meeting adjourns at 8:45 P.M.
Attest:
____________________________
Dana L. Toy
City Clerk
Approved: 2/15/05