| | CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR CITY COUNCIL MEETING APRIL 1, 2003 | |
The City Council meets in the Council Chamber on Tuesday, April 1, 2003 and is called to order at 7:40 p.m. by Mayor Rolland R. Grant.
| Present: | Mayor Rolland R. Grant | ) | |
| | Daniel F. Harrington | ) | |
| | Norman J. Miranda | ) | Council Members |
| | Patrick A. Rogers | ) | |
| | Dr. Isadore S. Ramos | ) | |
| | | | |
| | Paul E. Lemont | ) | City Manager |
| | William J. Conley, Jr. | ) | City Solicitor |
| | Valerie A. Perry | ) | City Clerk |
The Invocation is read by Councilman Ramos and the Salute to the Flag is led by Councilman Harrington.
CONSENT CALENDAR
1. Town of East Greenwich, RI - Resolution requesting support for a Firearm Training Facility
2. CANCELLATIONS/ABATEMENTS - Requested by Tax Assessor
| YEAR | | AMOUNT |
| 2002 | | $17.07 |
| 2001 | | 59.36 |
| Total | | $76.43 |
On motion of Councilman Miranda, seconded by Councilman Ramos, and on a roll call vote, it is unanimously voted to approve the Consent Calendar.
PROCLAMATIONS, PRESENTATIONS, INTRODUCTIONS
2002 Holiday Display Awards
Councilman Norman J. Miranda presents the 2002 Holiday Display Awards for Ward 2:
Best Commercial - Gilmore Florist, 76 Taunton Ave.
Santa Maria Club, 846 Broadway
Most Creative - Antonio and Teresa Neves, 147 Grove Avenue
Antonio and Maria Escobar, 162 Grosvenor Ave.
Most Beautiful - Adelino Rosa, 15 Purchase Street
Rita Galvao, 149 Mercer St.
Most Inspirational - Louisa Jardim, 144 Grove Avenue
Louis Couto, 148 Grove Avenue
Most Traditional - Joseph Souza, 22 Baker Street
Manuel Martins, 95 No. Carpenter St.
Most Electrifying - Beverly Ferreira, 44 Brightridge Avenue
Derek de Sousa, 99 State St.
Councilman Rolland R. Grant, assisted by Committee Members Lucy Stoddard, Rose Pereira, and Maria Lindia, presents the 2002 Holiday Display Awards for Ward 3:
Best Commercial - Orchard View Manor, 135 Tripps Lane
Most Creative - Deborah Dyer, 31 Aberdeen Road
Most Inspirational - Dennis and Nancy Carrier, 20 Adams Avenue
Most Traditional - James & Sandy Travassos, 50 Crown Avenue
Most Electrifying - Louis & Sandra Camara, 9 Kent Avenue
Most Beautiful - Manuel & Dalia Costa, 114 Rice Ave
Councilman Daniel F. Harrington presents the 2002 Holiday Display Awards for Ward 4:
Best Commercial - Farnsworth Café,302 Willett Avenue
Most Creative - Leroy & Linda McMahon, 51 Grassy Plain Rd.
Most Inspirational- Peter & Rita Cook, 22 Glenrose Dr.
Most Electrifying - Mr. & Mrs. William F. Gardiner III, 24 Carousel Drive
Most Traditional/Commercial - W. Raymond Watson Funeral Home, 350 Willett Avenue
Most Traditional - Carl & Joanne LaPietra, 201 Fenner Street
Most Colorful - Wayne & Lillian Richards, 60 Forbes St.
Councilman Isadore S. Ramos presents the At-Large 2002 Holiday Display Awards:
Best Commercial Ward 2 Solmar Restaurant, 497 Warren Avenue
Ward 4 -Riverside Nursing Home, 336 Willett Avenue
Most Traditional - Ward 1 - Mr. & Mrs. Jose Teixeira, 57 Hobson Avenue
Ward 2 - Raymond & Beverly Alves, 327 Juniper St.
Ward 3 - Nelson D Guimaraes, 165 Martin St.
Ward 4 - Mr. & Mrs. Robert Leis, 27 Shady Lane
Most Electrifying Ward 1 - Mr. & Mrs. John J. Procopio Jr., 140 Wilson Avenue
Ward 3 - Octavio & Maria Tavares, 45 Public St.
Ward 4 - Dennis Carrier, 20 Adams Avenue
Most Creative Ward 1 - Mr. & Mrs. William Maaia, 18 Bourne Avenue
Mr. & Mrs. Steven R. Greaves, 60 Algonquin Rd.
Ward 4 - Raymond J & Valda Lavertue, 2 Meadowcrest Drive
Most Inspirational Ward 4 - Peter & Rita Cook, 22 Glenrose Ave.
Best Use of White Lights
James Michael Silva, 55 Firglade Avenue
Brightest Dalia Costa, 114 Rice Avenue
Most Colorful Carlos Borges, 113 Rice Avenue
Most Work Jose F., Peixoto, 55 Clyde Avenue
Most Unique Debra Dyer, 31 Aberdeen Road
Most Musical Albert Boucher, 74 Bayview Avenue
On motion of Councilman Miranda, seconded by Councilman Harrington, it is unanimously voted to change the order of business to move Communications up to be heard next.
COMMUNICATIONS
Agnes Sousa, 55 Leonard Avenue, East Providence, Rhode Island addresses the Council regarding an incident that recently took place involving a resident of the Cove Center - 866 Broadway, East Providence.
Ms. Sousa states that she was physically assaulted by a man from the Center while she was standing on the side of the road talking to her son-in-law, who was sitting in a truck. She speaks of her concern for the safety of herself and her grandchildren, as well as others in the neighborhood.
On motion of Councilman Rogers, seconded by Councilman Ramos, it is unanimously voted to request the Community Police Unit to meet with the Cove Center Manager.
James Vincent, Rhode Island Housing, announces a Housing Fair will be held on April 12, 2003 at the High School.
CITY COUNCIL SITTING AS LICENSING COMMISSIONERS
LICENSES NOT REQUIRING PUBLIC HEARING
Carnival - May 17, 2003
The Gordon School - 45 Maxfield Avenue
Susan DiPrete, 6 Alexander Drive, Narragansett, Rhode Island is present and sworn.
On motion of Councilman seconded by Councilman, it is unanimously voted to approve, subject to approval from Chief of Police, Building Inspector, and Fire Marshall
Peddler - Novelties
Agata Pytel, dba J&B Novelty - 559 High Street, Central Falls, RI
The applicant is not present.
On motion of Councilman Miranda, seconded by Councilman Ramos, it is unanimously voted to defer.
PUBLIC HEARINGS
ORDINANCES - FINAL PASSAGE (Given first passage March 18, 2003)
Advertised - Providence Journal - March 21, 2003
The following three ordinances are bond ordinances for final passage:
1. AN ORDINANCE APPROPRIATING $2,300,000 TO FINANCE THE CITY OF EAST PROVIDENCE TO FINANCE THE FOLLOWING PROJECTS IN THE CITY: REPAIRS TO THE LOOFF CAROUSEL, UPGRADE OF THE WATCHEMOKET STORM DRAIN; REPAIRS AND RENOVATIONS TO THE POLICE STATION; FEASIBILITY STUDY AND PRELIMINARY PLANNING FOR A NEW FIRE STATION; WATERFRONT DEVELOPMENT; SOCCER FIELD AND OTHER RECREATIONAL FACILITY DEVELOPMENT; WARREN AVENUE STREET SCAPE; THE ACQUISITION OF PROPERTY; AND REPAIRS AND IMPROVEMENTS TO THE STORM DRAINAGE AND SANITARY SEWER SYSTEMS AND AUTHORIZING $2,300,000 BONDS OR NOTES TO FINANCE SAME
WHEREAS, Chapter 273 and Chapter 349 of the Public Laws of Rhode Island 2002 authorize the issue of $4,500,000 bonds and notes in anticipation thereof by the City of East Providence to finance the following projects in the City: Repairs to the Looff Carousel, Upgrade of the Watchemoket Storm Drain; Repairs and Renovations to the Police Station; Feasibility Study and Preliminary Planning for a New Fire Station; Waterfront Development; Soccer Field and Other Recreational Facility Development; Warren Avenue Street Scape; the Acquisition of Property; and Repairs and Improvements to the Storm Drainage and Sanitary Sewer Systems (hereinafter referred to as the “project”); and
WHEREAS, said Chapters were duly approved by a majority of those voting on the question at a special election held November 5, 2002 said election having been called and held and the question prescribed by Section 12 of said Chapters presented in accordance with law, and said Chapters are presently in full force and effect; and
WHEREAS, the Project is a capital project for public improvements needed by the city;
THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:
SECTION I. The sum of $2,300,000 is hereby appropriated for the purpose of this phase of the Project.
SECTION II. The issue of $2,300,000 bonds or notes in anticipation thereof to meet the foregoing appropriation is hereby authorized pursuant to Chapter 273 and Chapter 349 of the Public Laws of Rhode Island, 2002 and the City Charter. The City Council shall determine by resolution the time or times and manner at and in which said bonds or notes in anticipation of such bonds shall be issued and sold and the officers issuing the bonds or notes shall determine the form of the bonds or notes in accordance with law.
SECTION III. The estimated maximum cost of this phase of the Project is $2,300,000 and any unexpended sum from said appropriation shall be used for either the retirement of said bonds or notes issued in anticipation thereof or for the payment of interest thereon. Prior to issuance of said bonds or notes in anticipation thereof, funds may be advanced from the city’s general fund for Project costs.
(Requested by the Director of Finance) CHAPTER NO. 246
On motion of Councilman Rogers, seconded by Councilman Miranda, it is unanimously voted to dispense with the reading of the ordinance.
Mr. McDonald explains that the ordinance is required by Bond Counsel.
Following Council discussion, the meeting is open to public comments.
Anthony Shepherd, 40 Rosemere Drive, is present and sworn. Mr. Shepherd asks the Council to reconsider passing this ordinance.
On motion of Councilman Rogers, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to approve for Final Passage.
2. AN ORDINANCE APPROPRIATING $2,700,000 TO FINANCE THE PLANNING, CONSTRUCTION AND RECONSTRUCTION OF STREETS AND/OR SIDEWALKS WITHIN THE CITY AND CONSTRUCTION OF A NEW LIBRARY IN THE RIVERSIDE SECTION OF THE CITY AND AUTHORIZING BONDS OR NOTES TO FINANCE SAME.
WHEREAS, Chapter 270 and Chapter 343 of the Public Laws of Rhode Island 2002 authorize the issue of $4,500,000 bonds and notes in anticipation thereof by the City of East Providence to finance the planning, construction and reconstruction of streets and/or sidewalks within the city and construction of a new library in the Riverside section of the City (hereinafter referred to as the “Project”); and
WHEREAS, said Chapters were duly approved by a majority of those voting on the question at a general election held November 5, 2002 said election having been called and held and the question prescribed by Section 12 of said Chapters presented in accordance with law, and said Chapters are presently in full force and effect; and
WHEREAS, the Project is a capital project for public improvements needed by the city;
THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:
SECTION I. The sum of $2,700,000 is hereby appropriated for the purpose of the Project.
SECTION II. The issue of $2,700,000 bonds or notes in anticipation thereof to meet the foregoing appropriation is hereby authorized pursuant to Chapter 270 and Chapter 343 of the Public Laws of Rhode Island, 2002 and the City Charter. The City Council shall determine by resolution the time or times and manner at and in which said bonds or notes in anticipation of such bonds shall be issued and sold and the officers issuing the bonds or notes shall determine the form of the bonds or notes in accordance with law.
SECTION III. The estimated maximum cost of this phase of the Project is $2,700,000 and any unexpended sum from said appropriation shall be used for either the retirement of said bonds or notes issued in anticipation thereof or for the payment of interest thereon. Prior to issuance of said bonds or notes in anticipation thereof, funds may be advanced from the city’s general fund for Project costs.
(Requested by the Finance Director) CHAPTER NO. 247
On motion of Councilman Rogers, seconded by Councilman Miranda, it is unanimously voted to dispense with the reading of the ordinance.
The following are present and sworn:
Connie Crowshaw, 4 Miriam Street, East Providence, Rhode Island. Ms. Crowshaw asks how much money will be spent on Roger Williams Avenue. Mr. Lemont responds by saying a presentation will be made later in the evening.
Councilman Ramos says he recalls the Council sitting here had passed a Resolution that said these people would be given priority.
Ms. Crowshaw says she is here to remind the Council to keep their word.
John F. Conley, 115 Smith Street, Riverside, Rhode Island is present and sworn. Mr. Conley speaks in support of the Riverside Library project and the Carousel Foundation.
Connie Crowshaw speaks once again and says a Master Plan needs to be set up. She says her group is looking for a meeting with the entire Council on April 21st at 5:30 p.. At the Grace Chapel on Roger Williams Avenue.
3. AN ORDINANCE APPROPRIATING $9,000,000 TO FINANCE THE REPAIRS, RENOVATIONS AND ENERGY EFFICIENCY IMPROVEMENTS TO CITY SCHOOLS WITHIN THE CITY AND AUTHORIZING $9,000,000 BONDS TO FINANCE SAME.
WHEREAS, Chapter 272 and Chapter 348 of the Public Laws of Rhode Island 2002 authorize the issue of $9,000,000 bonds and notes in anticipation thereof by the City of East Providence to finance the repairs, renovations and energy efficiency improvements to city schools within the city (hereinafter referred to as the “Project”); and
WHEREAS, said Chapters were duly approved by a majority of those voting on the question at a general election held November 5, 2002 said election having been called and held and the question prescribed by Section 12 of said Chapters presented in accordance with law, and said Chapters are presently in full force and effect; and
WHEREAS, the Project is a capital project for public improvements needed by the city;
THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:
SECTION I. The sum of $9,000,000 is hereby appropriated for the purpose of the Project.
SECTION II. The issue of $9,000,000 bonds to meet the foregoing appropriation is hereby authorized pursuant to Chapter 272 and Chapter 348 of the Public Laws of Rhode Island, 2002 and the City Charter. The City Council shall determine by resolution the time or times and manner at and in which said bonds or notes in anticipation of such bonds shall be issued and sold and the officers issuing the bonds or notes shall determine the form of the bonds or notes in accordance with law.
SECTION III. The estimated maximum cost of the Project is $9,000,000 and any unexpended sum from said appropriation shall be used for either the retirement of said bonds or for the payment of interest thereon. Prior to issuance of said bonds, funds may be advanced from the city’s general fund for Project costs.
(Requested by the Finance Director) CHAPTER NO. 248
On motion of Councilman Rogers, seconded by Councilman Harrington, it is unanimously voted to dispense with the reading of the ordinance.
Councilman Rogers speaks on the ordinance. He suggests deferring any action until an emergency meeting is held with the City Council and School Committee.
Councilman Ramos says the City Council and School Committee already met and says he does not want to hold this up.
After further comments from members of the Council, the meeting is open to public comments.
Tony Gouveia, School Committee member, addresses the Council. Mr. Gouveia says the voters have spoken and says he will make sure the $9 million will be spent as it was meant to be spent. He says the deficit is a separate and distinct issue.
Mr. Rogers asks Mr. McDonald if a 2-3 day delay will have any impact. Mr. McDonald replies that if a public meeting is not held before the scheduled meeting with Bond Counsel on April 11th, the Bond Counsel meeting will have to be postponed.
Dr. Taras Herbowy, Superintendent of Schools, addresses the Council. He says there is nothing related to the deficit and the School Bonds. He says he made it very clear with the $9 million. He says the citizenry spoke out and he does not see any sense to defer.
Mr. Miranda states that he is not happy with the School Department deficit, but agrees with Dr. Herbowy in the fact that some of the money has already been spent. He says he cannot see holding up the issue.
Further discussion is held on a joint meeting.
Peter Barilla, School Committee Chairman, addresses the Council and explains that they have to give notice to the press before a meeting can be held. He asks the Council to give them time to advertise and they will be glad to meet with the Council.
On motion of Councilman Miranda, seconded by Councilman Harrington, and on a roll call vote, it is unanimously voted to approve for Final Passage.
The meeting recesses at 9:15 p.m. and reconvenes at 9:20 p.m.
NEW BUSINESS
CITY MANAGER
1. Discussion of Wastewater Enterprise Account and School Department deficit
Mr. Lemont gives a PowerPoint presentation. He says at the last Council meeting, he informed the Council that the City has a deficit in the Wastewater Fund of $1.6 million and the School Department has a deficit of $2.6 million. He says the response from the Council was to go back and cut 5%, 10%, and 15%. He says that is very hard to do without cutting services.
He states that Camp, Dresser, McKee gave the Council a report on what the Council needed to do, and the recommendations were ignored. He says the total deficit at the end of last fiscal year was $4,218,702, which was not known at the time. Because of that deficit, this fiscal year began with a balance of $34,847.
He says he was told to meet with the Department Heads and asked them to go back and cut 5-10-15%. He was also told to look at health care. He says he met with the Superintendent, Jim Hilton, and many of the Department Heads. He also met with all of the City and School Department Union Heads. He says two questions were asked: 1) Are you currently in a contract and for how long? 2) Who is going to give up the Health Care? He reports that no one stepped up to the plate.
Following the presentation, Mr. Lemont answers questions from the Council. Mr. Lemont responds to a question from Dr. Ramos and says $2.38 represents a 9% increase, on top of the 5% approved last October. To an average tax payer in $$, it represents an additional $220 per taxpayer. He says at one time, the wastewater fee was part of the general fund.
Mr. Conley further explains. He says that ten years ago, the Federal Government passed a Clean Water Act, and among other things how local municipalities address the sewer use and what happens to the waste water, the Act required communities to go with a user-pay system.
Mr. Lemont says the Council approved 4.99%, the total request is 14.6%, therefore the current request is 9.6%. Councilman Ramos says by law the Council can only request 5.5%. Mr. Lemont says that there is a 5.5% cap, which the City has never exceeded, but in order to go beyond that, we have to get the approval of the Auditor General.
Mr. Lemont speaks about what the Narragansett Bay Commission is doing to upgrade systems, and says they seem to have the clout that the City does not. Councilman Ramos says he is not going to put 14% on the back of tax payers.
Mr. Lemont goes on to say that an additional $1.47 (6%) will wipe out the School Department deficit, and 91 cents will go back into the General Fund of the City to pay down the Wastewater deficit of fiscal year 2002.
Councilman Miranda says the normal taxpayer gets upset when the sewer use fee is higher than the water bill. Mr. Lemont says that if this tax increase becomes effective, it will make the deficit go away and will make a zero deficit for the beginning of the next fiscal year. Mr. Miranda says that he represents the fact that the City Council is being blamed for the School Department deficit, and it should never happen again.
Mr. Rogers asks the Superintendent if he can assure the Council that if the tax increase is approved, if he can assure the Council there will be no additional deficit. Dr. Herbowy says “yes” and says he had an emergency meeting with the School Committee on Monday morning and says they know they will have to do certain things to assure this will not happen again.
Mr. Rogers says there are other well-managed communities throughout the country that are also having problems. He says that some spending has gotten out of control and some blame is on the City side and some on the School Department side. He says the City Manager was told by the Unions that they weren’t going to do anything; the City Department Heads said they couldn’t tighten the belt either; the School Committee says they can’t help either. He says they want to stick it to the Taxpayers, because they are the protected, contract beneficiaries. He says the contracts are an outrage and disgrace. He says not one City employee or School Department employee pays one penny for health care.
Councilman Harrington says he is disappointed that there have been no budget cuts. He says every department has waste and will put out a survey to find out where the waste is.
Dr. Herbowy speaks and says nobody deliberately caused an issue to be in deficit. He says the Council can take care of the problem and the burden won’t be a twenty year burden.
Mr. McDonald says the total figure of an additional 9.6% breaks down to 6% for the School Department and 3.6% for the Wastewater problem.
Councilman Ramos states that he does now want to put the burden on the taxpayer. He says he is concerned where they will get the additional money.
Councilman Miranda says he knows everyone believes that the day is coming where employees will have to co-pay for health benefits. But he says that the City never wins an Arbitration on this matter. He says he does not believe that any unions who have already negotiated contracts will give it up. He suggests that new hires should be asked to co-pay.
Mayor Grant says he is sure there are areas to cut, but the bill has to be paid, and someone has to step up to the plate. He says it is his idea that 6% will be an assessment. Mr. McDonald says he can’t do a supplemental bill without General Assembly approval. It has to be added on to this bill. The taxpayers will be able to claim this portion on their income taxes.
Councilman Ramos says this is going to run people out of the City.
Mr. Rogers makes a motion to adopt the recommended tax rate increase proposed by the City Manager, so as to address the Wastewater deficit situation through 2002.
Mr. Conley refers to the ordinances listed under Introduction of Ordinances:
1. AN ORDINANCE IN AMENDMENT OF CHAPTER 230 ENTITLED “AN ORDINANCE APPROPRIATING $110,516,884 FOR THE SUPPORT OF THE CITY GOVERNMENT FOR THE FISCAL YEAR ENDING OCTOBER 31, 2003” CHAPTER NO. 248
2. AN ORDINANCE IN AMENDMENT OF CHAPTER 232 ENTITLED “AN ORDINANCE ORDERING THE ASSESSMENT AND COLLECTION OF PROPERTY TAX ON THE RATABLE REAL ESTATE, TANGIBLE PERSONAL PROPERTY AND AN EXCISE TAX ON REGISTERED MOTOR VEHICLES AND TRAILERS.” CHAPTER NO. 249
3. AN ORDINANCE IN AMENDMENT OF CHAPTER 17 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “UTILITIES.” which amends Subsection (b) of Sec. 17-183 entitled “Charges to be based upon water consumption; rate” to read as follows:
(b) The fixed meter charge portion of the sewer charge shall be determined as follows:
| Meter size | Annual Fee |
| | |
| 5/8 | $40.00 |
| 3/4 | 70.00 |
| 1 | 100.00 |
| 1 1/2 | 200.00 |
| 2 | 310.00 |
| 3 | 670.00 |
| 4 | 1,140.00 |
| 6 | 2,360.00 |
| 8 | 3,390.00 |
Such fee 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 shall be given retroactive effect to November 1, 2002 and all ordinances and parts of ordinances inconsistent herewith are hereby repealed and shall also be given retroactive effect.
CHAPTER NO. 250
4. AN ORDINANCE IN AMENDMENT OF CHAPTER 17 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “UTILITIES.”, which amends Subsection (c) of Sec. 17-183 entitled “Charges to be based upon water consumption; rate” to read as follows:
(c) The water consumption portion of the sewer charge shall be at a rate of $2.70 per hundred cubic feet of water used based upon the actual quarterly or monthly meter reading of water consumption less an annual exemption of 3500 cubic feet. Such exemption shall be prorated quarterly or monthly for users of city water who are billed on a quarterly or monthly basis.
CHAPTER NO. 251
Mr. Conley states that No. 1 would be the Appropriation ordinance that would put into effect the City Manager’s recommendations; No. 2 is the assessment and collection ordinance, which authorizes the City to assess and collect the tax for the budget; No. 3 is the subsection b of the Sewer use ordinance, which establishes the meter size; No. 4 is section “c” of the Sewer Use ordinance, which establishes the fee for the consumption rate.
Mr. McDonald says that No. 4 changes the Sewer use fee for the current year. Actually, #3 and #4 are together -one addresses the fixed fee and one addresses the consumption fee. Mr. Conley adds that section A of the Sewer Use fee will be retroactive to November 1, 2002.
Mr. Rogers amends the motion to deal initially with the fixed fee portion of the Sewer Use fee. Councilman Harrington seconds. Roll call vote follows:
| Mr. Harrington | Aye |
| Mr. Miranda | Nay |
| Dr. Ramos | Nay |
| Mr. Rogers | Aye |
| Mayor Grant | Aye |
Motion passes 3-2.
Councilman Rogers makes a motion to approve the consumption rate on the sewer use fee. Councilman Harrington seconds. Roll call vote follows;
| Mr. Harrington | Aye |
| Mr. Miranda | Nay |
| Dr. Ramos | Nay |
| Mr. Rogers | Aye |
| Mayor Grant | Aye |
Motion passes 3-2
Mr. McDonald says the next ordinance is the 1st one, that is the critical one, which raises the tax rate by $2.38. Councilman Miranda asks about the rate. He says $1.47 was to take the School Department out of the deficit and the Wastewater deficit was done with the sewer use increase. Mr. McDonald says the sewer use increase started November 1st for fiscal year 2003. The wastewater deficit of $1.6 million still hasn’t been addressed by either of the ordinances. What is now trying to be addressed is the deficits of the wastewater and School Department as of 10/31/02.. He says this is one ordinance but it can be split up. Councilman Miranda makes a motion to split it up, and Councilman Ramos seconds.
Mr. Conley says this is the budget ordinance which is needed to cover the deficit, money that has already been spent. This raises taxes to pay off the existing deficit that was created.
Councilman Rogers proposed an amendment where the 9.6% is reduced to 7.6%, with the other 1% to come from the School Department and 1% to come from the City Side. Councilman Harrington seconds. Councilman Miranda asks if 1% can be come from the City side. Mr. McDonald says a reduction of 2% would leave the deficit $940,000 short of the $4 million that is trying to be raised. Mr. McDonald says if the Council wants to cut expenses, they can cut 5% off expenses, but if they are cutting off from the 9% rate increase, it is a totally different thing. Mr. McDonald says that the City’s 1% is approximately $380,000 and the School Department’s is $610,000.
Councilman Rogers withdraws the motion and Councilman Harrington withdraws the second.
Mr. Rogers makes a motion to approve the implementation as proposed by the City Manager and Finance Director (The Budget Ordinance #1) Roll call vote follows:
| Mr. Harrington | Aye |
| Mr. Miranda | Aye |
| Dr. Ramos | Nay |
| Mr. Rogers | Aye |
| Mayor Grant | Aye |
Motion passes 4-1.
Mr. Rogers makes a motion to approve the Assessment and Collection ordinance. Mr. Miranda seconds. Roll call vote follows:
| Mr. Harrington | Aye |
| Mr. Miranda | Aye |
| Dr. Ramos | Nay |
| Mr. Rogers | Aye |
| Mayor Grant | Aye |
Motion passes 4-1.
Councilman Rogers makes a motion to require a Management Audit by both the City and School Department, to be completed by an independent party recommended to the City Council, and that it be implemented as soon as practicable. Mr. Miranda seconds the motion. Motion passes unanimously.
Mr. Rogers makes a motion for a twice monthly oversight meeting at the School Department, with the City Manager, Finance Director, and outside Bond/ or other such designee specialist selected by the two of those persons, with the School Superintendent and Business Director, and the Council Liaison to the School Committee and the School Liaison to the City Council. Mr. Miranda seconds the motion, which passes unanimously.
On motion of Councilman Miranda, seconded by Councilman Ramos, it is unanimously voted to return to the regular order of business.
2 Metacomet Office Park request for lease agreement with City - for referral to Planning Board
On motion of Councilman Miranda, seconded by Councilman Harrington, it is unanimously voted to refer to the Planning Board.
3 Requesting Council give pre-qualification approval of three companies recommended by City Staff for the Collection of Residential Refuse, Residential Recyclables and School Refuse and Recyclables.
On motion of Councilman Miranda, seconded by Council Harrington, it is unanimously voted to approve the recommended companies.
4 Requesting Council approval to award contract for 4-Wheel Drive Backhoe Loaders
Mr. Lemont asks Steve Coutu if one of the backhoe Loaders can be deferred, in light of the current tax situation.
On motion of Councilman Ramos, seconded by Councilman Miranda, it is unanimously voted to approve 1 and defer the purchase of the second one.
Mr. Rogers says on the last item, he was approached by a constituent about Coastal Recycling and asks that they be added to the list so that they may participate in the process. Mr. Lemont says the reason they were disqualified was because they didn’t meet the requirements. They have not done a community of 15,000. Mr Rogers if you never get a chance to participate in the process, you never get the chance.
On motion of Councilman Rogers, seconded by Councilman Miranda, it is unanimously voted to add Coastal Recycling to the list.
5 Requesting Council give pre-qualification approval of two companies recommended by City staff for the Charles I.D. Looff Foundation Reconstruction
On motion of Councilman seconded by Councilman, it is unanimously voted to give pre-qualification approval to EW Burman Inc. and Maron Construction, as recommended by the City Manager.
6 Requesting Council give pre-qualification approval to the five companies recommended by City Staff for city-wide roadway improvements - Phase I of 2002 Bond Issue.
On motion of Councilman Miranda, seconded by Mr. Rogers, it is unanimously voted to approve the recommended companies.
7 Disposition of City-owned property - 20 Bentley Street (Bentley Street Garage); Assessor’s Map 205, Block 30, Parcel 6
Mr. Lemont states that what he is asking for is to tear the property down, then have it environmentally assessed to determine what is in the ground, then prepare the property for sale. The Council is on record to approve the sale of the property for four single-family lots only.
Mr. Lemont asks Mr. McDonald how much money is in the Surplus Property Account. He suggests using some of the money to remediate the property.
On motion of Councilman Miranda, seconded by Councilman Rogers, and on a roll call vote, it is unanimously voted to approve the City Manager’s recommendation, and to give residents the preference for the property.
City Manager’s Report - None
b. REPORTS OF OTHER CITY OFFICIALS
(By William J. Conley, Jr., City Solicitor)
1. Claims Committee
| Emanuel & Edwarda Rebelo, Claim No. 03-08 | Denied |
| Scott Stachelek, Claim No. 03-14 | Refer to School Department |
| Bert Rodrigues, Claim No. 03-9 | Approved |
| Paulina Medeiros, Claim No. 03-11 | Denied |
On motion of Councilman Miranda, seconded by Councilman Rogers, and on a roll call vote, it is unanimously voted to accept as presented.
2. Sewer Construction and Sewerage Disposal Agreement between City of East Providence and Town of Barrington/Amendment Regarding Industrial Pretreatment Program
On motion of Councilman Rogers, seconded by Councilman Miranda, it is unanimously voted to approve.
RESOLUTIONS
1. RESOLUTION ESTABLISHING THE CITY OF EAST PROVIDENCE CANCER CONTROL TASK FORCE
WHEREAS, Cancer costs Rhode Island over four hundred and fifty million dollars ($450,000,000) yearly; and
WHEREAS, About five thousand five hundred (5,500) Rhode Islanders are diagnosed with cancer yearly; and
WHEREAS, About two thousand five hundred (2,500) Rhode Islanders die of cancer yearly; and cancer rates are higher in Rhode Island than in the United States as a whole; and
WHEREAS, The City Council for the City of East Providence recognizes cancer as a leading killer in our communities;
WHEREAS, By joint resolution the General Assembly of the State of Rhode Island and Providence Plantations has urged Rhode Island cities and towns to create municipal cancer control task forces in their local communities in partnership with the American Cancer Society, the Rhode Island Cancer Council and the Rhode Island Department of Health in order to promote cancer education, prevention and early detection;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of East Providence hereby establishes the City of East Providence Cancer Control Task Force consisting of five members. Each member of the City Council shall appoint one qualified elector from the city to the task force to serve a term of office concurrent with that of the Council.
BE IT FURTHER RESOLVED that the duties of said task force are as follows:
1. Urging Encouraging the city and local businesses to promote the good health of its employees and residents;
2. Urging Encouraging every employee and resident to undergo pre-cancer screening.;
3. Urging Encouraging the city and local businesses to make available up to four hours of paid time off a year for the purpose of pre-cancer screening;
4. Urging Encouraging the city and local businesses to include cancer education, detection and prevention programs in their health programs;
5. Urging Encouraging the promotion of cancer educational brochures and educational programs which describe how to present cancer and how to detect it early if it develops;
6. To include in their educational programs a plan which uses strong enforcement to facilitate reduction in youth access to tobacco products; and
7. To ensure encourage that the city, school administration and local health professionals work to improve comprehensive school health plans.
On motion of Mr. Rogers, seconded by Mr. Miranda, it is unanimously voted to dispense with the reading of the Resolution.
Mr. Rogers asks for the following amendments (included in above - shown as strikeouts):
On motion of Mr. Harrington, seconded by Mr. Miranda, it is unanimously voted to approve as amended.
2. RESOLUTION IN SUPPORT OF THE SCHOLARSHIP TAX CREDIT BILL
WHEREAS, A Scholarship Tax Credit bill has been introduced in the Rhode Island State Senate designated as S 0179; and
WHEREAS, A Scholarship Tax Credit bill has been introduced in the Rhode Island House of Representative designed as H 5426; and
WHEREAS, said legislation would provide tax credits to individuals and businesses for donations made to a tuition scholarship organization; and
WHEREAS, these organizations would then be able to distribute those funds as tuition assistance grants for low and middle income students;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of East Providence urges all members of the Rhode Island General Assembly to pass Senate Bill S0179 and House Bill H5426 known as the Scholarship Tax Credit Bills;
BE IT FURTHER RESOLVED that the City Clerk send a copy of this Resolution to the Governor, Lieutenant Governor, the President of the Senate, the Speaker of the House of Representatives and each Senator and Representative from East Providence.
(Requested by: Mayor Grant)
On motion of Councilman Rogers, seconded by Councilman Miranda, it is unanimously voted to dispense with the reading of the Resolution.
On motion of Councilman Rogers, seconded by Councilman Harrington, and on a roll call vote, it is voted 4-0 to approve. It is noted for the record that Mr. Miranda is absent for the vote.
3. A RESOLUTION DETERMINING CERTAIN MATTERS RELATING TO THE TIME AND MANNER AT AND IN WHICH THE $2,300,000 BONDS OR NOTES FOR THE PURPOSE OF FINANCING THE FOLLOWING PROJECTS IN THE REPAIRS TO THE LOOFF CAROUSEL, UPGRADE OF THE WATCHEMOKET STORM DRAIN; REPAIRS AND RENOVATIONS TO THE POLICE STATION; FEASIBILITY STUDY AND PRELIMINARY PLANNING FOR A NEW FIRE STATION; WATERFRONT DEVELOPMENT; SOCCER FIELD AND OTHER RECREATIONAL FACILITY DEVELOPMENT; WARREN AVENUE STREET SCAPE; THE ACQUISITION OF PROPERTY; AND REPAIRS AND IMPROVEMENTS TO THE STORM DRAINAGE AND SANITARY SEWER SYSTEMS SHALL BE ISSUED AND SOLD AND AUTHORIZING THE DIRECTOR OF FINANCE AND THE MAYOR TO DETERMINE CERTAIN OTHER MATTERS RELATING THERETO
WHEREAS, Chapter 273 and Chapter 349 of the Public Laws of 2002 authorize the issuance of $4,500,000 bonds and notes in anticipation thereof by the City of East Providence for the purpose of financing the (the “Project”); and
WHEREAS, said Chapters were duly approved by a majority of those voting on the question at a general election held November 5, 2002, said election having been called and held and the question prescribed by Section 12 of said Chapters presented in accordance with law, and said Chapters are presently in full force and effect; and
WHEREAS, the Council of the City of East Providence has by Ordinance (Chapter 246) appropriated the sum of $2,300,000 for the purpose of this phase of the Project authorized the issue of $2,300,000 bonds or notes in anticipation thereof to meet such appropriation and ordained that the City Council shall determine by resolution the time or times and manner at and in which said bonds or notes shall be issued and sold.
The Council of the City of East Providence hereby resolves:
Section 1. Notes in an amount not to exceed $2,300,000 shall be sold at public sale. The Director of Finance and the Mayor be, and they hereby are, authorized to determine the time or times and manner at and in which said notes shall be issued and sold including the denominations, maturities, interest rates and other terms and conditions of any such notes as they in their discretion deem necessary or desirable to implement the foregoing.
Section 2. The Director of Finance and the Mayor are hereby authorized to take all action necessary to effect the issuance of the notes and said officers are hereby authorized and instructed to take all lawful action on behalf of the City necessary under the Internal Revenue Code of 1986, as amended (the “Code”), to insure that the interest on the notes 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 notes to lose the benefit of exclusion from gross income provided by Section103(a) of the Code.
(Requested by Director of Finance)
On motion of Councilman Rogers, seconded by Councilman Harrington, it is unanimously voted to dispense with the reading of the resolution.
On motion of Councilman Rogers, seconded by Councilman Harrington, and on a roll call vote, it is unanimously voted to adopt the Resolution.
4. A RESOLUTION DETERMINING CERTAIN MATTERS RELATING TO THE TIME AND MANNER AT AND IN WHICH THE $2,700,000 BONDS OR NOTES FOR THE PURPOSE OF FINANCING THE PLANNING, CONSTRUCTION AND RECONSTRUCTION OF STREETS AND/OR SIDEWALKS WITHIN THE CITY AND CONSTRUCTION OF A NEW LIBRARY IN THE RIVERSIDE SECTION OF THE CITY SHALL BE ISSUED AND SOLD AND AUTHORIZING THE DIRECTOR OF FINANCE AND THE MAYOR TO DETERMINE CERTAIN OTHER MATTERS RELATING THERETO
WHEREAS, Chapter 270 and Chapter 343 of the Public Laws of 2002 authorize the issuance of $4,500,000 bonds and notes in anticipation thereof by the City of East Providence for the purpose of financing the planning, construction and reconstruction of streets and/or sidewalks in the city and the construction of a new library in the Riverside section of the City (the “Project”); and
WHEREAS, said Chapters were duly approved by a majority of those voting on the question at a general election held November 5, 2002, said election having been called and held and the question prescribed by Section 12 of said Chapters presented in accordance with law, and said Chapters are presently in full force and effect; and
WHEREAS, the Council of the City of East Providence has by Ordinance (Chapter 247) appropriated the sum of $2,700,000 for the purpose of this phase of the Project, authorized the issue of $2,700,000 bonds or notes in anticipation thereof to meet such appropriation and ordained that the City Council shall determine by resolution the time or times and manner at and in which said bonds or notes shall be issued and sold.
The Council of the City of East Providence hereby resolves:
Section 1. Notes in an amount not to exceed $2,700,000 shall be sold at public sale. The Director of Finance and the Mayor be, and they hereby are, authorized to determine the time or times and manner at and in which said notes shall be issued and sold including the denominations, maturities, interest rates and other terms and conditions of any such notes as they in their discretion deem necessary or desirable to implement the foregoing.
Section 2. The Director of Finance and the Mayor are hereby authorized to take all action necessary to effect the issuance of the notes and said officers are hereby authorized and instructed to take all lawful action on behalf of the City necessary under the Internal Revenue Code of 1986, as amended (the “Code”), to insure that the interest on the notes 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 notes to lose the benefit of exclusion from gross income provided by Section 103(a) of the Code.
(Requested by: Director of Finance)
On motion of Councilman Rogers, seconded by Councilman Harrington, it is unanimously voted to dispense with the reading of the resolution.
On motion of Councilman Rogers, seconded by Councilman Harrington, and on a roll call vote, it is unanimously voted to adopt.
5 A RESOLUTION DETERMINING CERTAIN MATTERS RELATING TO THE TIME AND MANNER AT AND IN WHICH THE $9,000,000 BONDS FOR THE PURPOSE OF FINANCING THE REPAIRS, RENOVATIONS AND ENERGY EFFICIENCY IMPROVEMENTS TO CITY SCHOOLS SHALL BE ISSUED AND SOLD AND AUTHORIZING THE DIRECTOR OF FINANCE AND THE MAYOR TO DETERMINE CERTAIN OTHER MATTERS RELATING THERETO
WHEREAS, Chapter 272 and Chapter 348 of the Public Laws of 2002 authorize the issuance of $9,000,000 bonds and notes in anticipation thereof by the City of East Providence for the purpose of financing the repairs, renovations and energy efficiency improvements to city schools (the “Project”); and
WHEREAS, said Chapters were duly approved by a majority of those voting on the question at a special general election held November 5, 2002, said election having been called and held and the question prescribed by Section 12 of said Chapters presented in accordance with law, and said Chapters are presently in full force and effect; and
WHEREAS, the Council of the City of East Providence has by Ordinance (Chapter 248) appropriated the sum of $9,000,000 for the purpose of the Project authorized the issue of $9,000,000 bonds to meet such appropriation and ordained that the City Council shall determine by resolution the time or times and manner at and in which said bonds shall be issued and sold.
The Council of the City of East Providence hereby resolves:
Section 1. Bonds in an amount not to exceed $9,000,000 shall be sold at public sale. The Director of Finance and the Mayor be, and they hereby are, authorized to determine the time or times and manner at and in which said notes shall be issued and sold including the denominations, maturities, interest rates and other terms and conditions of any such notes as they in their discretion deem necessary or desirable to implement the foregoing.
Section 2. The Director of Finance and the Mayor are hereby authorized to take all action necessary to effect the issuance of the notes and said officers are hereby authorized and instructed to take all lawful action on behalf of the City necessary under the Internal Revenue Code of 1986, as amended (the “Code”), to insure that the interest on the notes 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 notes to lose the benefit of exclusion from gross income provided by Section 103(a) of the Code.
(Requested by Director of Finance)
On motion of Councilman Rogers, seconded by Councilman Harrington, it is unanimously voted to dispense with the reading of the resolution.
On motion of Councilman Rogers, seconded by Councilman Harrington, and on a roll call vote, it is unanimously voted to adopt.
e. INTRODUCTION OF ORDINANCES - (If given first passage, can be referred to the next regular Council meeting to be held on April 15, 2003 for a public hearing and consideration of final passage)
5. 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.", which amends Article X entitled "Stopping, Standing and Parking.", Subsection 18-307 entitled "Parking prohibited at all times." by adding thereto the following:
CENTRAL AVENUE (south side ) in front of house number 21, between 8:00 AM and 9:00 AM and 1:00 PM and 2:00 PM, Monday through Friday.
(Requested by Director of Public Works)
On motion of Councilman Miranda, seconded by Councilman Rogers, it is unanimously voted to approve for First Passage.
f. APPOINTMENTS
(By Councilman Daniel F. Harrington)
Harbormaster
S. Bruce Dufresne - 70 Plum Road 02915
On motion of Councilman Miranda, seconded by Councilman Rogers, it is unanimously voted to approve.
(By Mayor Rolland R. Grant)
City Manager Search Committee Jo Ann Harry 198 Vincent Avenue
Dr. Ramos speaks on the appointment. He says if anyone sets on this committee, it should be someone who heads up a Department. He asks Mayor Grant to withdraw the name.
Mayor Grant withdraws.
Planning Board - Ward 2
(By Councilman Norman J. Miranda)
(R) Anthony Almeida 57 No. Carpenter St.
On motion of Councilman Rogers, seconded by Councilman Harrington, it is voted 4-0 to approve. It is noted for the record that Dr. Ramos did not vote on the appointment.
There being no further business, the meeting adjourns at 11:50 p.m.
Attest:
Valerie A. Perry, CMC
City Clerk Approved: May 6, 2003