| | CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING February 7, 2006 | |
The City Council meets in the Council Chambers on Tuesday, February 7, 2006 and Mayor Joseph S. Larisa, Jr. calls the meeting to order at 7:40 p.m.
| Present: | Mayor Joseph S. Larisa, Jr. | ) | |
| | Peter F. Midgley | ) | Council Members |
| | Valerie A. Perry | ) | |
| | William J. Fazioli | ) | City Manager |
| | William J. Conley, Jr. | ) | City Solicitor |
| | Dana L. Toy | ) | City Clerk |
| | | | |
| Absent: | Norman J. Miranda | ) | |
| | Patrick T. Caine | ) | |
The invocation is read by Councilwoman Perry and the Salute to the Flag is led by Councilman Midgley.
Lori Merolla from Merandi Reporting is present to record the proceedings of the public hearing.
I. CONSENT CALENDAR
A. APPROVAL OF COUNCIL JOURNALS
January 17, 2006 - Regular Meeting
B. CANCELLATION/ABATEMENTS (Requested by Tax Assessor)
| YEAR | AMOUNT |
| 2005 | $4,122.43 |
| 2004 | $ 504.16 |
| TOTAL | $4,626.59 |
RESOLUTION – Town of Glocester – Resolution requesting its legislators direct the RI Department of Health to provide for the expansion of efforts concerning the prevention, treatment, and research activities relative to Lyme and other tick-borne diseases.
LETTER OF RESIGNATION – William A. Castro – Personnel Hearing Board
E. ALCOHOLIC BEVERAGE LICENSE - CLASS F-1 – February 19, 2006 St. Francis Xavier Church, 81 North Carpenter Street
On motion of Councilwoman Perry, seconded by Councilman Midgley, and on a roll call vote, it is unanimously voted to approve the Consent Calendar. It is noted for the record that Councilman Miranda and Caine are absent.
II. PROCLAMATIONS, PRESENTATIONS, INTRODUCTIONS
“Annual State of the City Address” - Mayor Larisa presents his State of the City Address. It is available to the public on the City’s website.
III. APPOINTMENTS
Historic Properties Designation & Study Commission (Reappointments)
1) Edward Serowik, 147 Bell Avenue (By Councilman Miranda)
On motion of Councilman Midgley, seconded by Councilwoman Perry, and on a roll call vote, it is unanimously voted to approve. It is noted for the record that Councilman Miranda and Caine are absent.
2) Nancy Moore, 14 Josephine Avenue (By Councilman Caine)
On motion of Councilwoman Perry, seconded by Councilman Midgley, and on a roll call vote, it is unanimously voted to approve. It is noted for the record that Councilman Miranda and Caine are absent.
3) Nancy Stevens, 37 Beaumont Street (By Councilman Caine)
On motion of Councilwoman Perry, seconded by Councilman Midgley, and on a roll call vote, it is unanimously voted to approve. It is noted for the record that Councilman Miranda and Caine are absent.
4) George Page, 42 Starr Avenue (By Councilman Midgley)
On motion of Councilman Midgley, seconded by Councilwoman Perry, and on a roll call vote, it is unanimously voted to approve. It is noted for the record that Councilman Miranda and Caine are absent.
IV. CITY COUNCIL SITTING AS LICENSING COMMISSIONERS
LICENSES NOT REQUIRING PUBLIC HEARING
1) Vict/Not Over 25 (Change of Location Only) Subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall.
Chi Shing Cheng, d/b/a Moon Star
From: 561 Taunton Avenue
To: 219 Taunton Avenue
Chi Shing Cheng is present and sworn in by the City Solicitor.
On motion of Councilman Midgley, seconded by Councilwoman Perry, and on a roll call vote, it is unanimously voted to approve. It is noted for the record that Councilman Miranda and Caine are absent.
2) Wrecker/Tower (Change to Corporation Only) Subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall.
From: Brian G. Coogan d/b/a All Mobile Towing and Lock
To: A Towing, Inc., 172 Grove Avenue
Brian G. Coogan is present and sworn in by the City Solicitor.
On motion of Councilman Midgley, seconded by Councilwoman Perry, and on a roll call vote, it is unanimously voted to approve. It is noted for the record that Councilman Miranda and Caine are absent.
3) Vict/Not Over 25 (Transfer) Subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall.
From: Antonio A. Abilheira, F.A. Inc., Morning Star Bakery
To: Aura Estrela, Estrela Bakery, Inc., d/b/a Morning Star Bakery, 1106 South Broadway
Aura Estrela is present and sworn in by the City Solicitor.
On motion of Councilman Midgley, seconded by Councilwoman Perry, and on a roll call vote, it is unanimously voted to approve. It is noted for the record that Councilman Miranda and Caine are absent.
4) Holiday Sales (Transfer) Subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall.
From: Antonio A. Abilheira, F.A. Inc., Morning Star Bakery
To: Aura Estrela, Estrela Bakery, Inc., d/b/a Morning Star Bakery, 1106 South Broadway
On motion of Councilman Midgley, seconded by Councilwoman Perry, and on a roll call vote, it is unanimously voted to approve. It is noted for the record that Councilman Miranda and Caine are absent.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL PUBLIC HEARING
V. PUBLIC HEARINGS
ORDINANCES – FINAL PASSAGE (Given first passage January 17, 2006. Advertised-Providence Journal – January 20, 2006)
The following is an ordinance amendment regarding stop sign at the corner of George Street and Leonard Avenue
SECTION I. Sec. 18-269 entitled “Stop and yield intersections designated; when stops required.” is amended by adding thereto the following:
GEORGE STREET (southbound traffic) at Leonard Avenue. (Requested by: Director of Public Works)
Click here to view Ordinance
On motion of Councilwoman Perry, seconded by Councilman Midgley, 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 Midgley, seconded by Councilwoman Perry, and on a roll call vote, it is unanimously voted to approve for Final Passage. It is noted for the record that Councilman Miranda and Caine are absent.
VI. NEW BUSINESS
A. CITY MANAGER’S REPORT
Pre-qualification for Water Quality Study & Hydraulic Modeling
On motion of Councilman Midgley, seconded by Councilwoman Perry, and on a roll call vote, it is unanimously voted to pre-qualify Camp Dresser & McKee, SEA Consultants, Pare Engineering, and Maguire Group.
Bid award to Colony Truck for 2006 36,200 GVW Heavy Duty Dump Truck w/Plow
On motion of Councilwoman Perry, seconded by Councilman Midgley, and on a roll call vote, it is unanimously voted to award bid to Colony Truck Center. It is noted for the record that Councilman Miranda and Caine are absent.
Community Survey Report
Mr. Fazioli makes a presentation and discusses the results of the recent community survey. Copies of this survey are available on the City’s Website and in the City Manager’s and City Clerk’s Offices.
Bond Request – Culverts & Drainage
Mr. Fazioli states he will be asking the Council to consider a resolution later in the meeting to fund some major road improvements in the City that deal with drainage and culvert improvements and road paving. One is the Crescent View Avenue culvert, which last year was closed for two weeks and is showing signs of deterioration. Another one is on South Broadway that needs to be improved as well. There are several drainage projects we’d also like to work on; the Southeast drainage area in Riverside and North Hull Street draining and flooding situation. Would like to also continue with our paving of city streets. This would then be submitted to the legislature who then would allow it to go on the ballot for November 2006.
Collective Bargaining Negotiations
On motion of Councilwoman Perry, seconded by Councilman Midgley, it is unanimously voted to go into Executive Session at the end of the meeting in accordance with Section 42-46-5 of the “Exceptions” of Chapter 46 of the General Laws, pursuant to Section 42-46-5-(a)(2) [Collective Bargaining/Litigation], to discuss negotiations. It is noted for the record that Councilman Miranda and Caine are absent.
B. REPORTS OF OTHER CITY OFFICIALS
1) CLAIMS COMMITTEE (By William J. Conley, Jr. City Solicitor)
| Diane Aitkens, Claim No. 05-106 | Denied |
| Metlife Auto & Home, Claim No. 06-004 | |
| (Insured: Kevin J. O’Callahan) | Refer to Insurance Carrier |
| Laurie Johannis, Claim No. 05-105 | Denied |
| Jean V. Otis, Claim No. 05-043 | Refer to School Department |
| Lucy Pereira, Claim No. 05-104 | Denied |
| Mark Poole, Claim No. 05-099 | Denied |
| Paul Reis, Claim No. 05-109 | Refer to Insurance Carrier |
| Harold Lavine, Claim No. 05-107 | Denied |
| Robert & Leslie Gagnon, Claim No. 05-97 | Received as Information |
| Beede Waste Oil Superfund Site | Received as Information |
On motion of Councilman Midgley, seconded by Councilwoman Perry, and on a roll call vote, it is unanimously voted to accept the Claims Report as presented. It is noted for the record that Councilman Miranda and Caine are absent.
2) REVALUATION QUALIFICATION LETTER (by Alberto Ereio, Tax Assessor)
On motion of Councilwoman Perry, seconded by Councilman Midgley, and on a roll call vote, it is unanimously voted to allow Tyler Technologies (CLT) and Vision Appraisal Technology to bid on the revaluation project. It is noted for the record that Councilman Miranda and Caine are absent.
C. COUNCIL MEMBERS
By Councilman Midgley
Councilman Midgley announces that a presentation will be held on the Southeast Drainage Area Surface & Groundwater Issue on Thursday, February 16, 2006, at 7 P.M. at the Riverside Library.
Councilman Caine
Health Care Update - Deferred
Mayor Larisa
Mayor Larisa announces that the City/School Legislative Breakfast will be held on Tuesday, February 14, 2006 at 8:00 a.m. in Room 306.
RESOLUTIONS
1) Resolution regarding support for The John H. Chafee Blackstone River Valley National Heritage Corridor Commission Reauthorization
WHEREAS, The Blackstone River Valley National Heritage Corridor was established by an act of Congress in 1986 to recognize the national importance of this region as the “Birthplace of the American Industrial Revolution”.
WHEREAS, the Blackstone Heritage Corridor consists of twenty-four communities in the states of Rhode Island and Massachusetts stretching from the Narragansett Bay in Providence, Rhode Island to the headwaters of the Blackstone River in Worcester, Massachusetts.
WHEREAS, the Blackstone Heritage Corridor is considered a model for how local communities, state and federal agencies and the business and preservation communities have adopted common goals and have formed strong partnerships to revitalize our historic communities, restore an urban waterway, and preserve the special characteristics of the Blackstone River Valley landscape.
WHEREAS, the City of East Providence, Rhode Island is seeking support for the reauthorization of the John H. Chafee Blackstone River Valley National Heritage Corridor Commission.
NOW, let it therefore be resolved that the City of East Providence endorses and supports this joint application of the twenty-four communities that make up this Bi-state region of New England designated as the John H. Chafee Blackstone River Valley National Heritage Corridor and respectfully submit a request for the reauthorization of the Blackstone River Valley National Heritage Corridor Commission. (Requested by: Mayor Larisa)
Click here to view Resolution
On motion of Councilwoman Perry, seconded by Councilman Midgley, it is unanimously voted to dispense with the reading of the resolution.
On motion of Councilwoman Perry, seconded by Councilman Midgley, and on a roll call vote, it is unanimously voted to approve. It is noted for the record that Councilman Miranda and Caine are absent.
Councilman Caine arrives at the meeting at 8:45 p.m.
2) Resolution authorizing the City of East Providence to finance the repairs, renovations, and improvements to City roads and drainage systems and to issue not more than $4,000,000 bonds and notes therefore
It is enacted by the General Assembly as follows:
SECTION 1. The city of East Providence is hereby empowered, in addition to authority previously granted, to issue bonds to an amount not exceeding four million dollars ($4,000,000) from time to time under this corporate name and seal or a facsimile of such seal. The bonds of each issue may be issued in the form of serial bonds or term bonds or a combination thereof and shall be payable either by maturity of principal in the case of serial bonds or by mandatory serial redemption in the case of term bonds, in annual installments of principal, the first installment to be not later than five (5) years and the last installment not later than thirty (30) years after the date of the bonds.
SECTION 2. The bonds shall be signed by the manual or facsimile signature of the city director of finance and by the manual or facsimile signature of the mayor and shall be issued and sold at not less than par and accrued interest in such amounts as the city council may authorize by a bond ordinance or ordinances. Sections 4-27(2)(D) and (E) and 4-28 through 4-32 of the city charter shall not apply to such ordinance or ordinances or to bonds or notes issued hereunder, and it shall not be necessary to include the form of notice as set forth in Section 4-27(4) of the city charter when such ordinance or ordinances are published as required therein. The bonds shall be sold at public sale as required by Section 4-33 of the city charter, except that the publication of notices required in such section may be omitted. The manner of sale, denominations, maturities, interest rates and other terms, conditions and details including issuance in Book Entry Only format of any bonds or notes issued under this act may be fixed by the proceedings of the city council authorizing the issue or by separate resolution of the city council or, to the extent provisions for these matters are not so made, they may be fixed by the officers authorized to sign the bonds or notes. The proceeds derived from the sale of the bonds shall be delivered to the director of finance, and such proceeds, exclusive of premium and accrued interest, shall be expended (a) for the repair, renovation and improvements to city roads and drainage systems, or (b) in payment of the principal of or interest on temporary notes issued under Section three, or (c) in repayment of advances under Section four. No purchaser of any bonds or notes under this act shall be in any way responsible for the proper application of the proceeds derived from the sale thereof. The proceeds of bonds or notes issued under this act, any applicable federal or state assistance and the other moneys referred to in Section six shall be deemed appropriated for the purposes of this act without further action than that required by this act. The bond issue authorized by this act may be consolidated for the purposes of issuance and sale with any other bond issue of the city heretofore or hereafter authorized, provided that, notwithstanding any such consolidation, the proceeds from the sale of the bonds authorized by this act shall be expended for the purposes set forth above.
SECTION 3. The city council may by resolution authorize the issue from time to time of interest bearing or discounted notes in anticipation of the issue of bonds under section two or in anticipation of the receipt of federal or state aid for the purposes of this act. The amount of original notes issued in anticipation of bonds may not exceed the amount of bonds, which may be issued under this act and the amount of original notes issued in anticipation of federal or state aid may not exceed the amount of available federal or state aid as estimated by the director of finance. Temporary notes issued hereunder shall be signed by the director of finance and by the mayor and shall be payable within five (5) years from their respective dates, but the principal of and interest on notes issued for a shorter period may be renewed or paid from time to time by the issue of other notes hereunder, provided the
period from the date of an original note to the maturity of any note issued to renew or pay the same debt or the interest thereon shall not exceed five (5) years.
SECTION 4. Pending any authorization or issue of bonds hereunder or pending or in lieu of any authorization or issue of notes hereunder, the director of finance, with the approval of the city council, may, to the extent that bonds or notes may be issued hereunder, apply funds in the treasury of the city to the purposes specified in section two, such advances to be repaid without interest from the proceeds of the bonds or notes subsequently issued or from the proceeds of applicable federal or state assistance or from other available funds.
SECTION 5. Any proceeds of bonds or notes issued hereunder or of any applicable federal or state assistance, pending their expenditure, may be deposited or invested by the director of finance in demand deposits, time deposits or savings deposits in banks which are members of the Federal Deposit Insurance Corporation or in obligations issued or guaranteed by the United States of America or by any agency or instrumentality thereof or as may be provided in any other applicable law of the state of Rhode Island.
SECTION 6. Any accrued interest received upon the sale of bonds or notes hereunder shall be applied to the payment of the first interest due thereon. Any premium arising from the sale of bonds or notes hereunder and any earnings or net profit realized from the deposit or investment of funds hereunder shall, in the discretion of the director of finance, be applied to the cost of preparing, issuing and marketing bonds or notes hereunder, to the payment of the cost of the project, to the payment of the principal of or interest on bonds or notes issued hereunder or shall be added to and dealt with as part of the revenues of the city from property taxes to the extent permitted by applicable federal law. The cost of preparing, issuing and marketing bonds or notes hereunder may also, in the discretion of the director of finance, be met from bond or note proceeds exclusive of premium and accrued interest or from other moneys available therefore. Any balance of bond or note proceeds remaining after payment of the cost of the project, and the cost of preparing, issuing and marketing bonds or notes hereunder shall be applied to the payment of the principal of or interest on bonds or notes issued hereunder. In exercising any discretion under this section, the director of finance shall be governed by any instructions adopted by resolution of the city council. The director of finance is authorized to take any action deemed by him or her necessary to assure that interest on the bonds or notes issued hereunder remains excludable from gross income of the holders thereof for federal income tax purposes including, without limitation, paying to the federal government any rebate of earnings derived from the deposit or investment of the proceeds of such bonds or notes that may be required therefore.
SECTION 7. All bonds and notes issued under this act and the debts evidenced thereby shall be obligatory on the city in the same manner and to the same extent as other debts lawfully contracted by it and shall be excepted from the operation of section 45-12-2 of the general laws. No such obligation shall at any time be included in the debt of the city for the purpose of ascertaining its borrowing capacity. The city shall annually appropriate a sum sufficient to pay the principal and interest coming due within the year on bonds and notes issued hereunder to the extent that moneys therefore are not otherwise provided. If such sum is not appropriated, it shall nevertheless be added to the annual tax levy. In order to provide such sum in each year and notwithstanding any provision of law to the contrary, all taxable property in the city shall be subject to ad valorem taxation by the city without limitation as to rate or amount.
SECTION 8. Any bonds or notes issued under the provisions of this act, if properly executed by officers of the city in office on the date of execution, shall be valid and binding according to their terms notwithstanding that before the delivery thereof and payment therefore any or all of such officers shall for any reason have ceased to hold office.
SECTION 9. The city, acting by resolution of its city council, is authorized to apply for, contract for and expend any federal or state advances or other grants or assistance which may be available for the purposes of this act, and any such expenditures may be in addition to other moneys provided in this act. To the extent of any inconsistency between any law of this state and any applicable federal law or regulation, the latter shall prevail. Federal and state advances, with interest where applicable, whether contracted for prior to or after the effective date of this act, may be repaid as a cost of the project under Section two.
SECTION 10. Bonds and notes may be issued under this act without obtaining the approval of any governmental agency or the taking of any proceedings or the happening of any conditions except as specifically required by this act for such issue. In carrying out any project financed in whole or in part under this act, including, where applicable, the condemnation of any land or interest in land, and in the levy and collection of assessments or other charges permitted by law on account of any such project, all action shall be taken which is necessary to meet constitutional requirements whether or not such action is otherwise required by statute; but the validity of bonds and notes issued hereunder shall in no way depend upon the validity or occurrence of such action.
SECTION 11. For the purposes of this act, the city may acquire land or other real property, or any interest, estate or right therein, by eminent domain in the manner prescribed by chapter 1 of title 24 of the general laws as it may be amended from time to time, provided that no property or interest, estate or right therein belonging to the state or any political subdivision shall be acquired without its consent and that no property or interest, estate or right therein belonging to or used by a public utility shall be acquired without the consent of the division of public utilities and carriers. Any damages which may be agreed upon or determined under this act, including any interest and other applicable charges, shall constitute a general obligation of the city, but such obligation shall not at any time be included in the debt of the city for the purpose of ascertaining its borrowing capacity.
SECTION 12. The question of the approval of this act shall be submitted to the electors of the city at the general election to be held on November 7, 2006. The question shall be submitted in substantially the following form: "Shall an Act, passed at the 2006 session of the general assembly, entitled 'AN ACT AUTHORIZING THE CITY OF EAST PROVIDENCE TO FINANCE THE REPAIRS, RENOVATIONS, AND IMPROVEMENTS TO CITY ROADS AND DRAINAGE SYSTEMS INCLUDING THE ISSUE OF NOT MORE THAN $4,000,000 BONDS THEREFORE' be approved?" and the warning for the election shall contain the question to be submitted. From the time the election is warned and until it is held, it shall be the duty of the City Clerk to keep a copy of the act available at his or her office for public inspection, but the validity of the election shall not be affected by this requirement.
SECTION 13. This section and the foregoing section shall take effect upon the passage of this act. The remainder of this act shall take effect upon the approval of this act by a majority of those voting on the question at the election prescribed by the foregoing section.
Click here to view Resolution
On motion of Councilman Caine, seconded by Councilwoman Perry, it is unanimously voted to amend the bond amount to $5,000,000.
On motion of Councilman Midgley, seconded by Councilman Caine, and on a roll call vote, it is unanimously voted to approve. It is noted for the record that Councilman Miranda is absent.
E. INTRODUCTION OF ORDINANCES (If given first passage, can be referred to the next regular Council meeting to be held on February 21, 2006 for a public hearing and consideration of final passage).
1) The following is an ordinance amendment regarding no parking on Grosvenor Avenue (north side) from North Hull Street to North County 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 18-307 entitled “Parking prohibited at all times.” is amended by adding thereto the following:
GROSVENOR AVENUE (north side) from North Hull Street to North County Street during the hours of 8:00 a.m. and 9:00 a.m. and 2:00 p.m. to 3:00 p.m. school days.
(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 ordinances.
On motion of Councilwoman Perry, seconded by Councilman Caine, and on a roll call vote, it is unanimously voted to approve for First Passage. It is noted for the record that Councilman Miranda is absent.
2) The following is an ordinance amendment regarding handicap parking in front of 31 Borden 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:
BORDEN STREET (west side) in front of house number 31
(Requested by: Director of Public Works)
On motion of Councilwoman Perry, seconded by Councilman Caine, and on a roll call vote, it is unanimously voted to approve for First Passage. It is noted for the record that Councilman Miranda is absent.
On motion of Councilman Caine, seconded by Councilwoman Perry, and on a roll-call vote, it is unanimously voted to go into Executive Session in accordance with Section 42-46-5 of the “Exceptions” of Chapter 46 of the General Laws, pursuant to Section 42-46-5-(a)(2) [Collective Bargaining/Litigation], to discuss negotiations.
There being no further business, on motion of Councilwoman Perry, seconded by Councilman Caine, the open meeting recesses at 8:55 p.m. and goes into executive session at 9:05 p.m. and adjourns at 9:35 p.m. The Open Meeting reconvenes and adjourns at 9:35 p.m.
Attest:
__________________________________
Dana L. Toy
City Clerk
Approved: February 21, 2006