CITY OF EAST PROVIDENCE

 

RHODE ISLAND

JOURNAL OF REGULAR COUNCIL MEETING

JANUARY 16, 2007

 

The City Council meets in the Council Chambers on Tuesday, January 16, 2007 and Mayor Isadore S. Ramos calls the meeting to order at 7:30 p.m.

 

Present:

Mayor Isadore S. Ramos

 

 

 

Robert E. Cusack

)

Council Members

 

Bruce DiTraglia

)

 

 

Valerie A. Perry

)

 

 

Bryan P. Silva

)

 

 

 

 

 

 

Richard M. Brown

)

City Manager

 

William J. Conley, Jr.

)

City Solicitor

 

Virginia B. Nunes

)

City Clerk

 

The invocation is read by City Manager Richard Brown and the Salute to the Flag is led by Mayor Isadore S. Ramos.

 

Kim Bourque from Merandi Reporting is present to record the proceedings of the public hearing.

 

I.     CONSENT CALENDAR

A.  APPROVAL OF COUNCIL JOURNALS

January 2, 2007 – Regular Meeting

 

B.  CANCELLATION/ABATEMENTS (Requested by Tax Assessor)

YEAR

AMOUNT

2006

$2,065.92

2006

$5.57

 

On motion of Councilwoman Perry, seconded by Councilman Silva, and on a roll- call vote, it is unanimously voted to approve the Consent Calendar.

 

II.    APPOINTMENTS

1)  Board of Assessment Review (by Mayor Ramos)

Colonel Anthony DeCastro, retired Chief of Police, 54 Hilltop Road (02914)

 

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

 

2)  Building Board Standards and Appeals (by Mayor Ramos)

Gene Mancino, 83 South Rose Street (02914)

 

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

 

III.   CITY COUNCIL SITTING AS LICENSING COMMISSIONERS

LICENSES REQUIRING PUBLIC HEARING

 

1) B-Limited Victualer (Subject to approvals from the Chief of Police, Building Inspector, Health Inspector, State Division of Taxation and Fire Marshall)

 

Il Sun Jeon, d/b/a Sun & Moon Korean Restaurant, 95 Warren Avenue (02914)

Il Sun Jeon. 95 Warren Avenue (02914) was sworn in by City Solicitor.

 

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

 

On motion of Councilman Silva, and seconded by Councilman Cusask, and on a roll- call vote, it is unanimously voted to approve, subject to approvals from the Chief of Police, Building Inspector, Health Inspector, State Division of Taxation and Fire Marshall.

 

IV.   LICENSES NOT REQUIRING PUBLIC HEARING

1) Holiday Sales (Subject to approvals from the Chief of Police, Building Inspector and Fire Marshall)

Li Jia d/b/a Oriental Novelty Shop,  505 Waterman Avenue (02914)

 

Li Jia, 20 Swan Street (02914) was sworn in by City Solicitor.

 

On motion of Councilman Silva, and seconded by Councilman DiTraglia, it is unanimously voted to approve, subject to approvals from the Chief of Police, Building Inspector and Fire Marshall.

 

1) Holiday Sales (deferred from January 2, 2007)

Aragao’s Market LLC, d/b/a Brazil 2000 Sol E. Vento, 211 ½ Warren Avenue (02914)

 

Sal Aragao, 211 ½ Warren Avenue (02914) was sworn in by City Solicitor.

 

Name Change From:  Brazil 2000 Sol E. Vento

To:  Aragao’s Market LLC.

 

On motion of Councilman Silva, and seconded by Councilwoman Perry, it is unanimously voted to

approve.

 

1) Vict/Not Over 25(deferred from January 2, 2007)

Aragao’s Market LLC, d/b/a Brazil 2000 Sol E. Vento, 211 ½ Warren Avenue (02914)

 

Name Change From:  Brazil 2000 Sol E. Vento

To:  Aragao’s Market LLC.

 

On motion of Councilman Silva, and seconded by Councilwoman Perry, it is unanimously voted to approve.

 

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL

 

V.    PUBLIC HEARINGS

ORDINANCES – FINAL PASSAGE

 

Requested by (Planning Department) 

 

1) The following in an ordinance establishing a historic overlay district and the creation of a historic district commission.  (Advertised Providence Journal December 27, 2006 & January 10, 2007)

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 19 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND 1998, AS AMENDED, ENTITLED “ZONING.”

 

THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:

 

SECTION I.  Chapter 19 entitled “Zoning” of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, is amended by adding thereto the following:

 

Article X.  Historic Area Zoning

 

Sec. 19-486.  Purpose of article

 

The regulations set forth in this article are adopted in accordance with R.I.G.L. 1956, § 45-24.1-1 et seq., entitled "Historic Area Zoning," to safeguard the heritage of the City of East Providence by preserving its cultural, social, economic and architectural history; foster neighborhood pride; maintain property values; strengthen the local economy through tourism; and promote the use of historic districts for the education, pleasure and welfare of the residents of East Providence.

 

            Sec. 19-487.  Power and authority

 

            The City of East Providence shall have the authority, as provided for in the R.I.G.L § 45-24.1-2, to establish, change, layout and define districts which are deemed to be of historical or architectural value in the same manner as cities and towns are presently empowered to establish or change areas and classifications of zoning.

 

Sec. 19-488.  Definitions

 

The following terms have the following respective meanings unless a different meaning clearly appears from the context:

 

"Alteration" means an act that changes one or more of the exterior architectural features of a structure or its appurtenances, including, but not limited to, the erection, construction, reconstruction, or removal of any structure or appurtenance.

 

"Appurtenances" means features other than primary or secondary structures which contribute to the exterior historic appearance of a property, including, but not limited to, paving, doors, windows, signs, materials, decorative accessories, fences, and historic landscape features.

 

"Certificate of appropriateness" means a certificate issued by a Historic District Commission established under this chapter indicating approval of plans for alteration, construction, repair, removal, or demolition of a structure or appurtenances of a structure within a historic district. Appropriate for the purposes of passing upon an application for a certificate of appropriateness means not incongruous with those aspects of the structure, appurtenances, or the district which the Commission has determined to be historically or architecturally significant.

 

"Construction" means the act of adding to an existing structure or erecting a new principal or accessory structure or appurtenances to a structure, including, but not limited to, buildings, extensions, outbuildings, fire escapes, and retaining walls.

 

"Demolition" means an act or process that destroys a structure or its appurtenances in part or in whole.

 

"Historic district" means a specific division of a city or town as designated by ordinance of the city or town pursuant to this chapter. A historic district may include one or more structures.

 

Rehabilitation” means a process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property and structure which are significant to its historic, architectural, and cultural values.

 

"Removal" means a relocation of a structure on its site or to another site.

 

"Repair" means a change meant to remedy damage or deterioration of a structure or its appurtenances.

 

"Structure" means anything constructed or erected, the use of which requires permanent or temporary location on or in the ground, including, but not limited to, buildings, gazebos, billboards, outbuildings, decorative and retaining walls, and swimming pools.

 

Sec. 19-489.  Designation of Historic Districts

 

            For the purpose of this chapter, the historic district shall be map 505, block 1, parcel 1. Property owned by the City of East Providence within the boundaries of the designated historic district shall not be exempt from the provisions of this chapter.

 

Sec. 19-490.  Historic District Commission

 

(1)  The Commission shall consist of seven (7) members who are residents of the City. Three (3) members shall be members of the East Providence Historic Properties Designation and Study Commission, appointed by the City Council, provided that the initial members serve staggered terms. Four (4) members shall be appointed by the City Council and have a demonstrated interest in historic preservation, architectural history, planning, archaeology, historic construction, architecture, or local history. The City Council shall have the right to name an auxiliary member of the Commission, appointed by the City Council, to sit as an active, voting eighth member of the Commission.

 

            (2)  Appointed members shall serve a period of three (3) years and be eligible for reappointment. If a vacancy occurs on the Commission, interim appointments of appointed members shall be made by the City Council to complete the unexpired term of such position.

 

            (3)  The Commission shall organize annually by electing from its membership a chair, vice-chair, and secretary and may adopt rules of procedure deemed necessary in discharging its duties.

 

Sec. 19-491.  Powers and Procedures of Historic District Commission

 

            (1)  Before a property owner may authorize or commence construction, alteration, repair, removal or demolition affecting the exterior appearance of a structure or its appurtenances within the historic district, the owner must apply for and receive a certificate of appropriateness from the Commission. The building inspector shall not issue a building permit until the Commission has granted a certificate of appropriateness. The owner of the property must obtain a certificate of appropriateness whether or not state law requires a permit from the building inspector.

 

            (2)  Applications for certificates of appropriateness shall be filed with the Commission at the Department of Planning, whose staff shall determine if such application is complete. Once the application has been determined to be complete, it shall be forwarded to the Commission along with all maps, plans, and other data provided by the applicant to the Commission for their review. The Department of Planning shall provide to the Commission a written opinion stating whether the application meets the standards of review stated in this chapter.

 

(3)  In applying, the owner must comply with application procedures as established by the Commission pursuant to R.I.G.L. 1956, § 45-24.1-1 et seq., and this article. The owner shall submit information which is reasonably necessary to evaluate the proposed construction, alteration, repair, removal or demolition, including but not limited to plans, drawings, photographs or any other information set forth in the application procedures.

 

(4)  All decisions of the Commission shall be in writing. The Commission shall articulate and explain the reasons and bases of each decision on a record, or if the decision is not to issue a certificate of appropriateness, the Commission shall include the bases for its conclusion that the proposed activity would be incongruous with those aspects of the structure, appurtenance or the district which the Commission has determined to be historically or architecturally significant. The Commission shall send a copy of all decisions to the applicant, Building Inspector, and Planning Department.

 

            (5)  The Commission’s secretary shall record minutes of all meetings. The records of the Commission shall be available for public inspection in accordance with all applicable federal, state and local laws and regulations at the office of the City Clerk.

 

            (6)  Fish passage facilities, accessory structures, and related river modifications associated with the Ten Mile River Fish Restoration Project are exempt from a review by the Historic District Commission.

 

Sec. 19-492.  Standards of Review

 

            (1)  The Commission shall pass only on exterior features of a structure and its appurtenances and shall not consider interior arrangements. In reviewing an application for certificate of appropriateness, the Historic District Commission shall give consideration to the following:

 

            (a)  The historic and architectural significance of the structure and its appurtenances;

 

            (b)  The historic character and historic ecological features of the surrounding landscape;

 

            (c)  The way in which the structure and its appurtenances contribute to the historical and architectural significance of the district; and

 

            (d)  The appropriateness of the general design, arrangement, texture, materials and siting proposed in the plans.

 

            (2)  The Commission shall use as their primary guide the standards contained in the publication “Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings”, Office of Archeology and Historic Preservation, Heritage Conservation and Recreation Service, U.S. Department of Interior, Washington, D.C., 20240.

 

Sec. 19-493.  Special Criteria for Demolition and Removal

 

            Demolition of historic structures and appurtenances within a designated historic district shall be discouraged. When reviewing an application for removal and demolition of an historic structure or appurtenance, the Commission shall consider the following criteria, in addition to adopted standards:

 

            (1)  In the case of an application for construction, alteration, repair, removal or demolition affecting the exterior appearance of a structure or its appurtenances, which the Commission deems so valuable to the City of East Providence, state or nation that the loss thereof will be a great loss to the city, state or nation, the Commission shall endeavor to work out with the owner an economically feasible plan for the preservation of such structure;

 

            (2)  The Commission shall approve an application for demolition when in the opinion of the Fire Chief or Building Inspector that the building constitutes a hazard to public safety;

 

            (3)  Unless the Commission votes to issue a certificate of appropriateness for such construction, alteration, repair, removal, and demolition, the Commission shall file with the Building Inspector and Director of Planning its rejection of such application;

 

            (4)  In the absence of change in such structure arising from casualty, no new application for the same or similar work shall be filed within one year after such rejection;

 

            (5)  In the case of an application for demolition of any structure, appurtenances, or a portion of a structure which the HDC has deemed to be valuable for the period of architecture it represents and important to the neighborhood within which it exists, the HDC may file with the Building Inspector and Director of Planning its certificate of appropriateness for demolition if the HDC finds that any of the following exists:

 

(a)  Preservation of the structure is a deterrent to a major improvement program which will be of substantial benefit to the community;

 

(b)  Preservation of the structure would cause undue or unreasonable financial hardship to the owner, taking into account the financial resources available to the owner, including the sale of the structure to any purchaser willing to preserve the structure;

 

(c)  The preservation of the structure would not be in the interest of the majority of the community.

 

            (6)  When considering an application for demolition or removal of a historic structure, the Commission shall assist the owner in identifying and evaluating alternatives to demolition, including sale of the structure on its present site;

 

            (7)  In addition to any other criteria, the Commission shall consider whether there is a reasonable likelihood that some person or group other than the current owner is willing to purchase, move and preserve such structure, and whether the owner has made continuing and reasonable efforts to sell the structure to any such purchaser willing to move and preserve such structure.

 

Sec. 19-494.  Meetings and Actions of Historic District Commission

 

            (1)  All meetings of the Historic District Commission shall be open to the public, and any person or such person's duly constituted representative shall be entitled to appear and be heard on any matter before the Commission before its decision is reached.

 

            (2)  The Commission shall keep a record, which shall be open to public view in the city clerk's office of its resolutions, proceedings, findings, decisions and actions. The Commission shall provide notice of its meetings and shall comply in all respects with the requirements of the open meeting law.

 

            (3)  The Commission shall file with the Building Inspector its certificate of appropriateness or rejection of all plans submitted to it for review. No work shall begin until such certificate has been filed, but in case of rejection, such certificate shall be binding upon the building inspector, and no permit shall be issued in such case.

 

            (4)  The failure of the Commission to act within 45 days from the date of an application deemed to be complete by the Department of Planning shall constitute an approval, unless an extension is agreed upon mutually by the applicant and the Commission.

 

            (5)  If the Historic District Commission makes a finding of fact that the circumstances of a particular application requires further time and information than can be obtained within the period of 45 days, the Commission shall have a period of up to 90 days which to act upon such application.

 

Sec. 19-495.  Coordinated Review Process

 

            (1)  The purpose of a coordinated review between the East Providence Historic Properties Designation and Study Commission and the Historic District Commission shall be to minimize the potential for conflicting opinions on matters related to historic preservation. The Historic District Commission may request from the East Providence Historic Properties Designation and Study Commission:

 

            (a)  Written reports recommending structures, places, areas, and neighborhoods of a particular historic, aesthetic, architectural, archeological, or cultural significance or value to be designated by the City Council as historic districts; and

 

            (b)  Requests from the Rhode Island Historical Preservation and Heritage Commission regarding the nomination of historic landmarks to the National Register.

 

Sec. 19-496.  Exceptions from Article

 

            Nothing in this article shall be construed to prevent ordinary maintenance or repair of any structure within the historic districts, provided that such maintenance or repair does not result in any change of design, type of material or appearance of the structure or its appurtenances, nor shall anything in this article be construed to prevent the construction, alteration, repair, moving or demolition of any structure under a permit issued by the building inspector prior to the effective date of the ordinance from which this article derives.

 

Sec. 19-497.  Enforcement

 

            Any authorized local official or any local building official may bring an action against any property owner who fails to comply with the requirements of insert section number of “Powers and procedures of Historic District Commission”. Actions shall be brought in the superior court having jurisdiction where the violation occurred or is likely to occur. Plaintiffs may seek restraining orders and injunctive relief to restrain and enjoin violations or threatened violations of this chapter.

 

Sec. 19-498.  Appeals

 

            A person jointly or severally aggrieved by a decision of the Historic District Commission shall have the right to appeal the decision to the Zoning Board of Review. When appealing a Commission decision, the zoning board of review shall not substitute its own judgment for that of the Commission, but must consider the issue upon the findings and record of the Commission. The Zoning Board of Review shall not reverse a Commission decision except on a finding of prejudicial procedural error, clear error or lack of support by the weight of the evidence in the record. The Zoning Board of Review shall put all decisions of appeal in writing. The Zoning Board of Review shall articulate and explain the reasons and bases of each decision on the record, and the zoning board of review shall send a copy of the decision to the applicant and to the Historic District Commission. Any person jointly or severally aggrieved by a decision of the zoning board of review on a matter of appeal under this article may appeal to the state superior court in the same manner provided in R.I.G.L. 1956, § 45-24-20 and from the superior court to the supreme court by writ of certiorari.

 

SECTION II.  This ordinance shall take effect upon passage.

 

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

 

Mayor Ramos asked Patrick Hanner (Planning Department) to speak and invited the public to speak.

 

Patrick Hanner referred to the History and Planning Report.

 

Patrick Caine, 4 Drowne Parkway (02916) was sworn in by City Solicitor.

 

He supports solely for Hunt’s Mill, but was concerned of overlay.

 

Nancy Moore, President Historical Society, 14 Josephine Avenue (02916) was sworn in by City Solicitor.

 

She referred to her letter of support to the City Council.

 

Dean Martineau, Chairman Historic Properties, 195 Brightridge Avenue (02914) was sworn in by City Solicitor.

 

He supported this and commented on what effect our city would have if the Carousel wasn’t preserved.

 

Robert Gaudette, 15 Fall River Avenue (02771) was sworn in by City Solicitor.

 

He supports this and felt it was a good start and to do more to save Historic Houses.

 

Christopher Graham, 21 Drowne Parkway (02916) was sworn in by City Solicitor.

 

He’s supportive, but had one question, “Is there anything in that ordinance that imposed restrictions on Abutters?”

 

William J. Conley, City Solicitor answers “No”.

 

David Nichols, 787 Willett Avenue (02915) was sworn in by City Solicitor.

 

He was very supportive.

 

On motion of Councilman Cusask, 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 changing zoning designation of the Hunt’s Mill property.

 

ZONING MAP AMENDMENT (by Planning Dept.)

Advertised Providence Journal – December 27, 2006, January 3 and January 10, 2007

 

Notices sent by certified mail – December 21, 2006

 

REZONING – Recommendation for requested zoning map amendment rezoning.

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 19 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND 1998, AS AMENDED, ENTITLED “ZONING”

 

THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:

 

SECTION I.  Section 19-95 entitled “Districts Designated” of Article III.  Entitled “District Regulations” is hereby amended as follows:

 

Parcel 1 on Assessors Map 505, Block 1 presently located in an Open Space District is hereby changed to be included in an Open Space/Historic District.

 

The Zoning Map of the City of East Providence shall be amended accordingly.

 

SECTION II.  This ordinance shall take effect upon passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.

 

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

 

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

 

VI.   PROCLAMATIONS, PRESENTATIONS, & INTRODUCTIONS

 

Mayor Ramos asked Councilwoman Perry and Councilman Silva to make the Presentations of chairs to former Mayor Joseph S. Larisa, former Councilman Patrick T. Caine, and former Councilman Peter F. Midgley.  They graciously accepted and thanked the Mayor, City Council, and City of East Providence.

 

PROCLAMATIONS

 

A proclamation was presented for Dr. Martin Luther King, Jr. Week January 15 –19, 2007.

 

A proclamation was presented for Autism Candy Day September 8, 2007.

 

Councilman Silva requests Council consent on this next Resolution.

 

On motion of Councilman Silva, seconded by Councilman Cusask, it is unanimously voted to approve.

 

RESOLUTIONS – City of East Providence – Resolution Opposing the Closing of the Portuguese Consulate in the City of Providence

 

Councilman Silva discusses this Resolution, which is focused on the closing of the Providence Consulate and on Sunday, January 21, 2007 at 11:00 a.m. at Kennedy Plaza there will be a march from the Kennedy Plaza to the Providence City Hall to the Portuguese Consulate. The citizens of East Providence and our State use this office for many services.   We need your support and participation.

 

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

 

VII.  CONTINUED BUSINESS

 

A.  CITY MANAGER’S REPORT

 

1.  “Waterfront Commission Annual Report to the City Council” – (by Chairman Patrick Rogers)

 

On motion of Councilman Silva, seconded by Councilwoman Perry, and on a roll-call vote, it is unanimously approved.

 

2.  Discussion of Wampanoag Trail traffic issues  (by Richard M. Brown – City Manager)

 

City Manager calls Jeanne Boyle (Planning Director) who introduces Robert Rocchio and Francisco Loveva from the Rhode Island Department of Transportation to make a presentation regarding Safety Controls – Roundabouts.

 

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

 

B.   REPORTS OF OTHER CITY OFFICIALS

CLAIMS COMMITTEE (by William J. Conley, Jr. – Solicitor)

 

The conclusion of the last Council Meeting we reconvened a recess of the claim committee at 8:45.

From January 2, 2007

 

Pauline Formisano Claim No. 06-40

Denied

Tristam Burgess School Property

Refer to Law Dept.

 

 

From January 16, 2007

 

Arthur D. Frank, Jr. Claim No. 07-01

Approve $715.96

Richard Nelson Claim No. 07-02

Refer to Law Dept.

 

The claims committee than recessed its meeting at 7:30 p.m. with further matters pending the docket and he would request respectively that at the conclusion of this docket that the Council recesses and finishs the claims docket this evening.

 

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

 

C.  INTRODUCTION OF ORDINANCES  (If given First Passage, can be referred to the next regular Council Meeting to be held February 6, 2007 for a public hearing and consideration of final passage).

 

Requested by – (Director of public works).

 

1)  The following is an ordinance regarding stop sign for Legion Way (Westbound traffic) at Beverly Road.

 

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

 

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

 

LEGION WAY (westbound traffic) at Beverly Road.

 

On motion of Councilwoman Perry, seconded by Councilman Silva, it is unanimously voted to approve.

 

Requested by (Director of Finance)

 

2)  The following is an ordinance regarding sewer use rate.

 

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

 

CITY OF EAST PROVIDENCE

 

CHAPTER

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 17 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “UTILITIES.”

 

THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:

 

SECTION I.  Subsection (c) of Sec. 17-183 entitled “Charges to be based upon water consumption; rate” of Chapter 17 of the ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Utilities”  is amended to read as follows:

 

(c) The water consumption portion of the sewer charge shall be at a rate of $3.05 4.00 per hundred cubic feet of water used based upon the actual quarterly or monthly meter reading of water consumption less an annual exemption of 3,500 cubic feet.  Such exemption shall be prorated quarterly or monthly for users of city water who are billed on a quarterly or monthly basis.

 

SECTION II.  This ordinance shall take effect upon its second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.

 

Mayor Ramos stated that this should have been done at the last Council.  He spoke against this and wishes to table this item and get more information.  Councilman DiTraglia agreed and wanted to know why and how come.  We should have received figures in our packets. 

 

Richard Brown (City Manager) explained about Capitol Increase Budget Rate Increase $ .45 = $3.50 and Full Funding Depreciation $ .50 = $4.00.  $28.00 + $32.00 = $60.00 per house-whole increase. 

 

Jim McDonald (Finance Director) discussed the need to balance the budget in the wastewater budget.  The average house-whole went from $192.00 to $252.00.  $4.00 November 1, 2006 already a short fall.

 

Mayor Ramos asked why was it removed from the docket for the last Council?  Why should this council put on its shoulders?  He works hard to keep his word to the taxpayers.

 

City Manger stated he didn’t know why, but we need the funds required for a balanced budget.

 

Councilman DiTraglia wants more information before he votes on this.

 

Councilwomen Perry commended when we have first passage on an ordinance very often that’s when the information comes about.   She would like more information from the City Manager before the next Council Meeting.  She asked the Finance Director what would happen it we table this and we don’t act on it in the next two weeks.

 

Finance Director stated two weeks not bad, two months is bad.  We lose on quarterly audits and bond rates.

 

Councilman Silva asked what if we only went with the $3.50? He would like that incorporated in the figures.

 

City Manager reiterated when we don’t get qualified audits, it make it difficult to go in the bond market.

 

Councilman Cusask stated that we need to put money aside for full depreciation, it will cost more if we don’t.

 

Mayor Ramos reiterated that this should had been put on the docket with the last Council when they voted on the budget.

 

On motion of Councilman Silva, seconded by Councilman DiTraglia, it is unanimously voted to approve.

 

D.  COMMUNICATIONS

 

John J. Rossi, IBPO – Communications, 29 Woodbine Street (02915) was sworn in by City Solicitor.

 

Mr. Rossi responded to Lisa Pinto’s allegations.  He stated many comments she made were not true.  He spoke highly of the East Providence Police Department.  They are a diversified group and are continuously getting training to improve how they handle stops.   He spoke about the police deaths and how important it is to have back up on stops.

 

Charles Mello Jr., 596 Willett Avenue, (09215) was sworn in by City Solicitor.

 

Mr. Mello spoke on infrastructure of the City and it will reflect upon future development of East Providence.

 

John F. Conley, Chairman East Providence Democratic City Committee submitted names for consideration for appointment to the East Providence Canvassing Authority.

 

Kathy Santos, Chair, EPGOP submitted names for consideration for consideration for appointment to the East Providence Canvassing Authority.

 

Mayor Ramos nominated Dorothy M. O’Gara, 23 Bridgham Farm Road (02916) for appointment to the East Providence Canvassing Authority

 

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

 

Councilman Silva asked that she be sworn in tonight.

 

Dorothy M. O’Gara took the oath given by City Clerk.

 

Joseph S. Larisa, 44 Don Avenue (02916)  was sworn in by City Solicitor. 

 

Mr. Larisa spoke of the East Providence Citizen League and their support to Appeal of Arbitrator’s Buyback Decision to Superior Court.  He stated that this was going to cost the taxpayers 1.5 Million Dollars.  $300,000.00 for last year, $600,000.00 for this year and $600,000.00 for next year.

 

Councilman Cusask invited everyone to attend the Joint Council Meeting with the School Committee on Thursday, January 18, 2007

 

City Solicitor asked for motion to recess.

 

On motion Councilman Silva, seconded by Councilwoman Perry, it is unanimously voted to approve.

 

The open meeting recesses at 10:30 p.m. and goes into executive session.

 

The executive session ends and the meeting reconvened in open session at 10:50 p.m.  The City Solicitor reports the Oral Status Report and Review of Pending Litigation – Received as Information

IAFF Local 850 & City of East Providence, GR:  Interest Arbitration

Oral Status Report – Approve engagement letter of Attorney Kinder.

 

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

 

VIII.  ADJOURNMENT

 

On motion of Councilwoman Perry, seconded by Councilman DiTraglia and on a roll-call vote the Open Meeting adjourns at 11:00 p.m.

 

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