CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
FEBRUARY 3, 2004
| | CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING FEBRUARY 3, 2004 | |
The City Council meets in the Council Chamber on Tuesday, February 3, 2004, and is called to order at 7:35 p.m. by Mayor Rolland R. Grant.
| Present: | Mayor Rolland R. Grant | ) | |
| | Daniel F. Harrington | ) | |
| | Norman J. Miranda | ) | Council Members |
| | Dr. Isadore S. Ramos | ) | |
| | Patrick A. Rogers | ) | |
| | William J. Conley, Jr. | ) | Acting City Manager |
| | Valerie A. Perry | ) | City Clerk |
| | Timothy Chapman | ) | Acting City Solicitor |
The Invocation is read by Councilman Ramos and the Salute to the Flag is led by Councilman Miranda.
Lori Merolla, Merandi Reporting, is present to record the proceedings of the public hearings.
1. Coastal Resources Management - Amended January 2004 Calendar
2. Resolution regarding Support of the Preserve America Nomination
On motion of Councilman Harrington, seconded by Councilman Ramos, and on a roll call vote, it is unanimously voted to approve.
Additional Hours
(Advertised Providence Journal - Dec. 27, 2003 & Jan 3 & 10, 2004)
Deferred from the January 20, 2004 council Meeting
Adaco, LLC dba Sax’s Steak & Pizza Restaurant - 324 Waterman Avenue
Approved - Police Chief
Andreas Andrikopoulos, 33 Wagon Lane, Attleboro, Massachusetts is present and sworn.
It is noted that the Conley Island System on Taunton Avenue closes at 3:00 A.M. Councilman Miranda asks Mr. Andrikopoulos if he would agree to a 2:00 A.M. closing rather than a 3:00 A.M. Mr. Andrikopoulos agrees.
There is no one from the public wishing to be heard.
On motion of Councilman Ramos, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to approve for a 2:00 A.M.
Class A - Retailer
Bethal Enterprises, Inc. dba Jordan’s Liquors - 199 Taunton Avenue
Subject to Police Chief, Building Inspector, Health Inspector & Fire Marshall Approvals
Objections to transfer of license filed by Arcaro, Belilove and Kolodney and McLaughlin & Moran, Inc.
On motion of Councilman Rogers, seconded by Councilman Harrington, it is unanimously voted to move the docket item under “Reports of Other City Officials” – “Law Department” to this portion of the docket.
Acting City Solicitor Chapman states that after the Council granted the transfer to Mr. and Mrs. Trow, it was discovered that they were not residents of the State. Mr. Chapman states that he understands that they now want to apply under a Corporation, and that must be done as a new application.
Attorney Keith G. Lange reviews the steps taken to transfer the licence asks that the process proceed.
After further discussion, Councilman Rogers makes a motion, which is seconded by Councilman Ramos, and unanimously voted to accept advice of the Solicitor and have the applicant follow the proper procedure and file with the City Clerk.
Class B-Limited Victualer - Transfer of Stock Only
(Advertised E.P. Post - Jan. 8 & 15, 2004)
Ban Chiang, Inc. dba Siam Square Restaurant - 1050 Willett Avenue
Preecha Nonnapha, 84 Washington Road, Barrington, Rhode Island is present and sworn.
On motion of Councilman Rogers, seconded by Councilman Harrington, and on a roll call vote, it is unanimously voted to approve.
Secondhand/Autos & Trucks
(Advertised E.P. Post - Jan 22, 2004)
Devaney Tire, Inc. dba Devaney Auto Sales & Service - 741 North Broadway
John Devaney, 186 Riverside Drive, East Providence, Rhode Island is present and sworn.
On motion of Councilman Rogers, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to approve, subject to Building Inspector, Zoning Officer and Fire Marshal approvals.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
+Addendum
ORDINANCES - FINAL PASSAGE (Given first passage January 20, 2004)
Advertised - Providence Journal - January 23, 2004
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 the following:
PINE STREET (east side) from a point 50 ft. south of Oak Ave. extending south a distance of 8 ft.
(Requested by the Director of Public Works) CHAPTER NO. 297
There is no one from the public wishing to be heard.
On motion of Councilman Miranda, seconded by Councilman Harrington, and on a roll call vote, it is unanimously voted to approve for Final Passage.-
1. Riverside Branch Library
Mr. Conley gives an overview of the project. He states that after he began as Acting City Manager, it became clear that the design was causing difficulty to come within the budget. He says the numbers were crunched and re-crunched to come up with a final budget of $1.712,262. The money appropriated in the bond was $1.5 million, therefore additional sources of funding must be found. He says there is $35,000 left over from the feasibility study, which the Bond Counsel says can be used for the project. He commends Eileen Socha and the Library Board of Trustees for coming up with over $200,000 in contributions from sources such as the Champlain Foundation and Friends of E.P. Libraries.
Eileen Socha, Director of Library Services, presents the plans for the proposed building. Peggy Marcotte, Library Board of Trustees Chair, asks the Council to come up with the funding. Karen Mellor, Officer of Library Information Services states that the costs are eligible for reimbursements.
Mr. Conley states that he would like to go out to bid as soon as possible. He says it is estimated as an 8-month project. The State has to approve up to 50% of eligible reimbursement, which also includes the interest on the bond issue.
After further discussion, on motion of Councilman Harrington, seconded by Councilman Ramos, and on a roll call vote, it is unanimously voted to go out to bid and to commit to a budget of $1,712,262.00 for the Riverside Library.
2. Federal appropriations bill for East Providence Waste Water Improvements
Mr. Conley announces that the City received $850,000 in federal funds for improvements to the Wastewater Treatment plant. He says it is the first time in the history of the City that the City received a direct grant for a specific program in East Providence.
The Council speaks about their trip to Washington, D.C. and says that Senator Chaffee took a particular interest in the program. They commend Mr. Conley for his preparation and presentation in Washington. Mayor Grant commends the entire Council.
3. Demolition of Tristam Burges School
Mr. Conley reports that Ocean State Wrecking has offered to demolish the Tristam Burges School upon completion of the demolition of James Street and withhold billing the City for six months.
Councilman Miranda says it makes sense to do both now rather than move the equipment back over the bridge at a later time.
Unanimous Consent is denied to allow Maryann Mathews to speak.
On motion of Councilman Rogers, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to approve the proposal recommended by Mr. Conley.
4. Small purchase regulations
On motion of Councilman Rogers, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to approve the amendment to the small purchase regulations.
5. Budget/Financial Report
Mr. Conley states that he needs to address the Council regarding budget and financial issues in this challenging fiscal year. He speaks about the School Department deficit of $2.67 million. He says 4 out of 5 unions in the City took no wage increase this year, and an increase in the co-pay of insurance. Also, the Firefighters and Police have agreed to increase their pension contributions. He says over $1million was saved in contract negotiations.
The City’s bond rating has dropped from A1 to A3. The City sold tax anticipation notes in December, and there were only 2 bidders, as opposed to 9 bidders the last time. He says the deficit can no longer be ignored. He says we cannot begin next year’s budget until we get this year’s house in order, and we need to lay the concerns to rest to the parties interested in the waterfront.
Mr. Conley outlines plans to reduce the deficit. He says the City can request special legislation of the General Assembly to provide a supplemental tax, but it would be a burden on the taxpayer. The second strategy would be a deficit reduction bond. A third alternative would be dedication of a portion of the Hotel & Meal tax specifically for the deficit reduction.
He says that an increase in the deficit this year will be a financial disaster in the City.
Mr. Conley also states that perhaps it is a time to thaw the Hiring Freeze, instituted earlier this year. He says that based on priorities, some of the vacancies should be filled now.
Also, based on information coming in, the average valuation coming in may double in value. He says that a dual tax rate would minimize the impact of the revaluation on the homeowner. He makes the following recommendations:
1. The City adopt a deficit reduction plan immediately consisting of designating 80% of the proceeds of the hotel & meal tax for deficit reduction, using some of the funds available for non-budgeted emergency spending;
2. that the City Council require a monthly financial report from the School Department, showing all accrual and encumbrances each month, and that it be adopted by Resolution;
3. that the School Department annual budget appropriation be apportioned on a monthly basis;
4. that the School Department report operating costs and capital needs.
On a second matter, that the City Council consider lifting the hiring freeze and allow positions outlined in the memo he provided to be filled, (Library Aide, Deputy City Clerk, two Police Officers, Secretary for the Law Department, and an Assistant Superintendent of Water Utilities).
Mr. Conley also requests that the City Council pass a resolution requesting the General Assembly delegation introduce legislation allowing the City of East Providence to institute a dual tax rate for residential and commercial real estate if the revaluation necessitates it. He says that if we don’t do it now, there may not be enough time to get the information into the General Assembly.
Councilman Harrington asks that the order of business be changed to hear his ordinance at this time, which pertains to the matter being discussed. The Council members do not object.
Councilman Harrington speaks to his ordinance, which requires all collective bargaining agreements between the City, including the School Committee, to be ratified by the majority vote of the City Council.
Councilman Ramos states that he is definitely against the ordinance, and says that it is not his responsibility to do school business. He goes on to say that the School Committee has been cutting programs and cutting jobs, and they are doing. He says that we’ve talked about a new library and the roof on the library, but reminds the Council that the schools need repair too. He says he will never sit here and oversee the School Committee.
Councilman Rogers states that the Council appropriately instituted a hiring freeze, and given the over-all spirit of the discussion, he says it may not be the time to lift the hiring freeze. He says the employees laugh all the way to the bank, and he applauds the City Manager’s proposal and Mr. Harrington’s idea.
Councilman Miranda says people are upset with the School Committee for giving raises. He says it is always the School Committee that is without a balanced budget. He also says that he was not elected to negotiate School Department contracts. He says he agrees with Mr. Conley and requests that the City allocate $50,000 per month for deficit reduction. He also says that he does not feel that this is the time to lift the Hiring Freeze.
Mayor Grant states that he offered a proposal more than 10 years ago to combine the services of the City and School Department, and says consolidation of all these positions is important. He proposes that the State of Rhode Island take over the whole education system.
Councilman Harrington says he agrees to keeping the hiring freeze intact. He says he would like to have the voters decide on giving the School Department $50,000 per month.
After further discussion, motion is made by Councilman Rogers, seconded by Councilman Ramos, to approve the Conley Deficit Reduction Plan, striking out the proposed thaw on the hiring freeze, and the dual tax rate.
Mr. McDonald explains that the School Committee money is not being given the money - it is being set aside for deficit reduction. Mr. McDonald also says that 10 of the 39 communities have the ability to charge a separate rate for residential and commercial property. The state law says the rate cannot be more than 50%.
A roll call vote is taken on the motion:
| Mr. Harrington | Nay |
| Mr. Miranda | Aye |
| Dr. Ramos | Aye |
| Mr. Rogers | Aye |
| Mayor Grant | Aye |
Motion passes 4-1.
INTRODUCTION OF ORDINANCES - If given first passage, can be referred to the next regular Council meeting to be held on February 17, 2004 for a public hearing and consideration of final passage)
AN ORDINANCE IN AMENDMENT OF CHAPTER 11 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED ENTITLED “PERSONNEL, PENSIONS AND RETIREMENT”, which amends Article III entitled “Personnel Plan”, Subsection 11-75 entitled “Ratification of collective bargaining agreements”, by adding the following:
No collective bargaining agreement between the City of East Providence, including the School Committee, and any labor organization shall become effective unless and until ratified by majority vote of the East Providence City Council.
(Requested by Councilman Harrington)
Motion to approve for First Passage made by Councilman Rogers, seconded by Councilman Harrington. Roll call vote follows:
| Mr. Harrington | Aye |
| Mr. Miranda | Nay |
| Dr. Ramos | Nay |
| Mr. Rogers | Aye |
| Mayor Grant | Nay |
Motion is denied on a 3-2 vote.
Mr. Conley receives Unanimous Consent to inform the Council that information was received today regarding the disposition of city-owned property, and requests an Executive Session at the conclusion of this meeting to discuss the matter.
(By City Solicitor)
Claims and Litigation Committee Report
| Robert & Maribeth Brown, Claim No. 03-72 | Denied |
| Ann Marie Clarkson, Claim No. 04-4 | Refer to School Dept. Insurance Carrier |
| James A. Falcon, Claim No. 04-2 | Denied |
| Kevin Miller, Claim No. 03-71 | Approved |
| Hamlet Court Real Estate LLC. Vs. City, et Al, | Receive status report of dismissal of case as |
| C.A. No. 03-302l | information. |
| Beede Waste Oil | Receive status report as information. |
On motion of Councilman Miranda, seconded by Councilman Harrington, and on a roll call vote, it is unanimously voted to accept as presented.
(By Law Department)
Status of License Transfer - Bethel Enterprises, Inc. dba Jordan’s Liquors
(See Licenses - Public Hearing)
(By Councilman Patrick A. Rogers)
Talent Development Program Demise
Councilman Rogers defers the matter to another meeting.
Update on City Manager Search
Councilman Rogers reports that 64 resumes have been received and acknowledgments are being sent out.
Motion is made by Councilman Rogers and seconded by Councilman Harrington 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)(5)[acquisition or lease of real property. The motion passes 4-0 on a roll call vote. It is noted for the record that Councilman Miranda is absent for the vote.
The meeting recesses and goes into Executive Session at 10:15 p.m.
The open session reconvenes at 10:25 p.m.
On motion of Councilman Harrington, seconded by Councilman Rogers, and on a roll call vote, it is unanimously voted to give settlement authority pursuant to City Council directive regarding the sale of city-owned property located at Brook Street and Newman Avenue, Seekonk, Massachusetts.
The meeting adjourns at 10:27 p.m.
Attest:
_____________________
Valerie A. Perry, CMC
City Clerk Approved: March 23, 2004