| | CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING NOVEMBER 15, 2005 | |
The City Council meets in the Council Chambers on Tuesday, November 15, 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 Councilman Caine and the Salute to the Flag is led by Councilman Midgley.
I. CONSENT CALENDAR
A. APPROVAL OF COUNCIL JOURNALS
October 18, 2005 – Regular Meeting
October 18, 2005 – Closed Meeting Re: Collective Bargaining
B. CANCELLATION/ABATEMENTS (Requested by Tax Assessor)
YEAR AMOUNT
2005 $5,194.99
2003 $ 630.32
TOTAL $5,825.31
On motion of Councilwoman Perry, seconded by Councilman Caine, and on a roll call vote, it is unanimously voted to defer the minutes of the October 18, 2005 Closed Meeting from the Consent Calendar until the next meeting.
On motion of Councilman Miranda, seconded by Councilman Caine, and on a roll call vote, it is unanimously voted to approve the Consent Calendar as amended.
II. PROCLAMATIONS, PRESENTATIONS, & INTRODUCTIONS
Beautification Committee Chairman Joseph Gibson presented the 2005Annual Beautification Award to the following businesses in recognition of maintaining a beautiful landscape: Winchester Woods Apartments, OmniColor Printing, McDonald’s Restaurant, and East Bay Manor.
III. CITY COUNCIL SITTING AS LICENSING COMMISSIONERS
LICENSES NOT REQUIRING PUBLIC HEARING
Class A Retailer (Corporate Name Change Only)
From: Liquor Depot, Inc. d/b/a Douglas Wine & Spirits
To: Liquor Depot East Providence, Inc., d/b/a Douglas Wine & Spirits East Providence, 1235 Wampanoag Trail
Mayor Larisa announces that he recuses himself from this matter.
Christopher Aldcroft, 26 Elinora Street, East Providence is present and sworn in by the City Solicitor.
On motion of Councilman Midgley, seconded by Councilman Caine, and on a roll call vote, it is unanimously voted to approve subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall.
Dance/Entertainment
Florice K. Craig, Lumber Yard, Inc. d/b/a 3rd Base Tavern, 281 Massasoit Avenue
Florice Craig, 129 West River Street, Seekonk MA, and David Sagg are present and sworn in by the City Solicitor.
On motion of Councilman Caine, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to approve subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall.
Vict/Over 50 (Transfer)
From: Lonquist Management Co., d/b/a/ McDonald’s
To: Joseph Napoli, Napoli Management Co., d/b/a McDonald’s, 72 Newport Avenue
Eric Boswell, Maude Avenue, Coventry, is present and sworn in by the City Solicitor.
On motion of Councilman Caine, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to approve subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall.
B-L Victualer (Change from Individual to Corporation Only)
From: Rose Marie Barros, d/b/a/ Casa Brasil/Café Brazil
To: Casa Brasil, LLC d/b/a Casa Brasil, 543-545 North Broadway
Rose Marie Barros and Jose Barros, 159 Grove Avenue, are present and sworn in by the City Solicitor.
On motion of Councilwoman Perry, seconded by Councilman Caine, and on a roll call vote, it is unanimously voted to approve subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall.
Vict/Not Over 25 (Change from Individual to Corporation Only)
From: Rose Marie Barros, d/b/a/ Casa Brasil/Café Brazil
To: Casa Brasil, LLC d/b/a Casa Brasil, 543-545 North Broadway
On motion of Councilman Caine, seconded by Councilman Perry, and on a roll call vote, it is unanimously voted to approve subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL PUBLIC HEARING
IV. CONTINUED BUSINESS
Job Performance Council Appointees
On motion is of Councilman Miranda, seconded by Councilwoman Perry, and on a roll-call vote, it is unanimously voted to go into Executive Session at the end of meeting in accordance with R.I.G.L. Section 42-46-5-(a) (1) [Job Performance] to discuss job performance of Council Appointees.
V. NEW BUSINESS
A. CITY MANAGER’S REPORT
Landfill Facility
Mr. Fazioli states that the compost facility on Forbes Street was the previously a landfill and was closed back in 1979. The site has never has been officially capped off. It is monitored by DEM and there are not any problems at the site. Discusses ideas of redeveloping the area in the future for open space and possibly for some residential and commercial uses. Ms. Boyle also discusses a study that was previously done to see what the site could be used for. The cost of closure would be high and we would need some use to help pay for the closure.
Constituent Affairs
Mr. Fazioli states that his assistant retired in February and he is now refiguring that position, which will be called the Constituents Affairs Coordinator. This person would be a contact person for the residents who will make sure that their concerns are being addressed in a timely manner. Will be able to track when someone calls in and will be able to provide the information to the council members on the resolution to their concern. The position will hopefully be filled in the next month or so.
B. REPORTS OF OTHER CITY OFFICIALS
CLAIMS COMMITTEE (By William J. Conley, Jr. City Solicitor)
| Janice Adams, Claim No. 05-86 | Refer to insurance carrier |
| Lisa Debedts, Claim No. 05-84 | Refer to insurance carrier |
| Albert J. DiFonzo, Sr., Claim No. 05-78 | Refer to Law Dept. |
| Nathaniel J. Gardiner, Claim No. 05-81 | Refer to insurance carrier |
| Pauline Hazard, Claim No. 03-37 | Denied |
| Marvin Homonoff, Claim No. 05-85 | Refer to RIDOT |
| Lidia Januario, Claim No. 05-89 | Refer to insurance carrier |
| Craig Lamb, Claim No. 05-79 | Denied |
| Maria Marcos, Claim No. 05-81 | Denied |
| Richard Parfitt, Claim No. 05-87 | Refer to insurance carrier |
| Sally Welch and Stephan Washburn, Claim No. 05-83 | Refer to insurance carrier |
| EP Water Pollution Control RIPDES Permit No. RI0100048 | Refer to Law Dept. |
On motion of Councilman Caine, seconded by Councilwoman Perry, and on a roll call vote, it is unanimously voted to accept the Claims Report as presented.
Unanimous Consent: Councilwoman Perry states that there will be a public meeting at the Riverside Library on Thursday, November 17th to meet with the designer to discuss enhancements to Sabin’s Point Park. Also, on Sunday, December 4th at 2 p.m. there will be a formal dedication of the new Riverside Library on Bullock’s Point Avenue.
Unanimous Consent: Councilman Miranda states he would like the City Manager to look into seeing whether there is any federal money available for the bridge at Pier Road.
C. COUNCIL MEMBERS
By Mayor Larisa: Charter Amendment
Sec. 10-4. Ratification of collective bargaining agreements.
No collective bargaining agreement between the City of East Providence, including the School Committee and any labor organization, shall become effective unless and until ratified by majority vote of the East Providence City Council.
Explanation:
This Charter amendment would authorize and require City Council ratification of all collective bargaining agreements entered into between the School Committee and any union for such agreements to become effective. The Council presently can approve or reject collective bargaining agreements with City employee unions only outside the School Department. The financial impact of School Department Collective Bargaining Agreements is over 80% of the School Department budget and approximately 50% of the entire City budget. Presently, these contracts bind the City immediately upon School Committee approval, without any City Council authority to approve or reject their financial terms. The Council; however, possesses sole authority to set the tax rate. This Charter amendment would provide the Council with ratification authority over all collective bargaining agreements affecting City taxpayers. (Co-sponsored by: Mayor Larisa and Councilman Caine)
After discussion, on motion of Councilman Caine, seconded by Councilwoman Perry, and on a roll call vote, it is unanimously voted to approve.
D. RESOLUTIONS
The following is a tax levy resolution.
WHEREAS, on October 18, 2005 the City Council for the City of East Providence adopted a budget appropriating $127,215,195 for fiscal year 2005-2006; and
WHEREAS, it is estimated that this appropriation will result in approximately a 3½% increase in the tax levy from fiscal year 2004-2005; and
WHEREAS, the City Council wishes to limit the increase in the tax levy from the previous year to 3% when said levy occurs in April 2006.
NOW, THEREFORE, BE IT RESOLVED, that the City Council and the City Manager and the entire City administration make every effort to effectuate savings and efficiencies between now and April 2006 to reduce the increase in the tax levy for fiscal year 2005-2006 from 3½% to 3% or lower. (Requested By Mayor Larisa)
On motion of Councilman Caine, seconded by Councilman Midgley, and on a roll call vote, it is unanimously voted to adopt the resolution.
E. INTRODUCTION OF ORDINANCES (If given first passage, can be referred to the next regular Council meeting to be held on December 6, 2005 for a public hearing and consideration of final passage)
1) The following is an ordinance amendment regarding handicap parking on Warren Ave.
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:
WARREN AVENUE (south side) from a point 40 feet west of Fourth Street
(Requested by: Director of Public Works)
On motion of Councilman Caine, seconded by Councilwoman Perry, 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.
2) The following is an ordinance amendment regarding the Harbor Management Commission.
SECTION I. Subsection (6) of Sec. 13-82 entitled “Composition and appointments; powers and duties; membership.” of Division 2 entitled “Harbor Management Commission” of Article III. entitled “Coastal Waters and Harbor Areas” of Chapter 13 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “ Public Places” is amended to read as follows:
(4) Officers. A chair, vice-chair, and secretary shall be elected by the members of the commission. Meetings shall be called by the chair or at the request of at least three members of the commission. The secretary shall keep minutes of all meetings and file such minutes with the city clerk. The commission shall meet monthly and all meetings shall conform to open meeting laws.
SECTION II. Subsection (8) of Sec. 13-83 entitled “Appointments; duties and responsibilities.” of Division 3 entitled “Harbormaster” of Article III. entitled “Coastal Waters and Harbor Areas” of Chapter 13 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “ Public Places” is amended to read as follows:
(8) Interview and recommend candidates for the position of assistant harbormaster. Candidates for assistant will be appointed by and serve at the pleasure of the city council.
SECTION III. Subsection (14) of Sec. 13-83 entitled “Appointments; duties and responsibilities.” of Division 3 entitled “Harbormaster” of Article III. entitled “Coastal Waters and Harbor Areas” of Chapter 13 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “ Public Places” is amended to read as follows:
(14) Attend scheduled harbor management commission meetings to provide regular communication between the harbor department and the harbor management commission. In the event of a scheduling conflict, an assistant harbormaster may represent the harbor department at such meetings.
SECTION IV Subsections (2) and (3) of Sec. 13-141 entitled “Fees.” of Division 6 entitled “Fees and Penalties” of Article III. entitled “Coastal Waters and Harbor Areas” of Chapter 13 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “ Public Places” is amended to read as follows:
(2) All persons applying for a new mooring permit shall be assessed an application fee of
$50.00.
(3) All persons wishing to be placed on the new mooring waiting list (Ref. section 13-79; exhibit 9), shall pay a one time fee of $50.00.
SECTION V. Sec. 13-142 entitled “Penalties.” of Division 6 entitled “Fees and Penalties” of Article III. entitled “Coastal Waters and Harbor Areas” of Chapter 13 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “ Public Places” is amended by adding thereto the following:
(11) Failure to get mooring tackle inspected by August 1 of the calendar year that a warning
and/or notice regarding the mooring tackle inspection expiration is received: $100.00
(Requested by: Harbor Management Commission & Councilman Midgley)
On motion of Councilman Midgley, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to approve for First Passage.
F. COMMUNICATIONS
Michael Mizrahi, Mizrahi Trust, PO Box 558, Warren, RI
Reclassification of Risho Avenue as a public road
On motion of Councilman Miranda, seconded by Councilman Caine, it is unanimously voted to refer to planning.
Robert G. Flanders, Jr., Hinckley, Allen, Snyder, LLP
To discuss petition to have Planning Board member removed from application, for cause, pursuant to revised ordinances Section 2-168
Mayor Larisa announces that he recuses himself from this matter.
After discussion, on motion of Councilman Caine, seconded by Councilman Miranda, it is unanimously voted to have the City Solicitor draft a notice to Mr. Robinson informing him that he might be subject to disciplinary action for refusing to recuse himself from a case involving a proposed Walgreen’s Pharmacy.
On motion is of Councilman Caine, seconded by Councilman Miranda, and on a roll-call vote, it is unanimously voted to go into Executive Session in accordance with R.I.G.L. Section 42-46-5-(a) (1) [Job Performance].
The open meeting recesses at 10:00 p.m. and goes into Executive Session.
The open meeting resumes at 10:45 p.m. with all Council members present.
The City Council met in Executive Session at 10:01 p.m. on November 16, 2005 to review the job performance of its appointees. After discussion, a motion was made by Councilman Caine, seconded by Councilman Miranda, and unanimously voted, to make the following changes in salary retroactive to November 1, 2005:
City Manager William Fazioli - increase to $130,000
City Clerk Dana Toy - increase to $50,000
City Solicitor William Conley - increase to $80,000
Assistant City Solicitor Greg Dias - increase to $30,000
Assistant City Solicitor Timothy Chapman - increase to $30,000
Deputy Probate Christine Engustian - increase to $1,000
The following Council Appointees will receive a 3 2 percent increase:
Probate Judge - Ralph DellaRosa
Municipal Court Judge - Michael Farley
Canvassing Clerk - Maryann Callahan
All Council appointees will also have a co-pay for health benefits.
There being no further business, the meeting adjourns at 10:45 p.m.
Attest:
__________________________________
Dana L. Toy
City Clerk
Approved: December 20, 2005