| | CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING APRIL 4, 2006 | |
The City Council meets in the Council Chambers on Tuesday, April 4, 2006 and Mayor Joseph S. Larisa, Jr. calls the meeting to order at 7:40 p.m.
| Present: | Mayor Joseph S. Larisa, Jr. | ) | |
| | Patrick T. Caine | ) | Council Members |
| | Peter F. Midgley | ) | |
| | Valerie A. Perry | ) | |
| | | | |
| | Jeanne M. Boyle | ) | Acting City Manager |
| | William J. Conley, Jr. | ) | City Solicitor |
| | Dana L. Toy | ) | City Clerk |
The invocation is read by Councilwoman Perry and the Salute to the Flag is led by the Riverside Cub Scouts Den 2.
Lori Merolla from Merandi Reporting is present to record the proceedings of the public hearing.
I. CONSENT CALENDAR
A. APPROVAL OF COUNCIL JOURNALS
March 21, 2006 – Regular Meeting
B. CANCELLATION/ABATEMENTS (Requested by Tax Assessor)
| YEAR | AMOUNT |
| 2005 | $531.27 |
| 2004 | $147.59 |
| TOTAL | $678.86 |
C. LETTER OF RESIGNATION – George E. Furtado - Juvenile Hearing Board
On motion of Councilman Caine, seconded by Councilwoman Perry, and on a roll call vote, it is unanimously voted to approve the Consent Calendar.
Unanimous consent is given to Mayor Larisa, who asks that the City Clerk send a letter of appreciation on behalf of the Council to Mr. Furtado for his years of dedicated service to the Juvenile Hearing Board.
II. APPOINTMENTS
Carousel Park Commission (Reappointment - by Councilwoman Perry)
Chris Russo, 400 Dover Drive (02914)
On motion of Councilwoman Perry, seconded by Councilman Caine, it is unanimously voted to approve.
III. CITY COUNCIL SITTING AS LICENSING COMMISSIONERS
LICENSES REQUIRING PUBLIC HEARING
1) B-Full Privilege Victualer
2) Vict/Over 50
Ruelas, Inc., d/b/a Margaritas, 230 Newport Avenue
*Letter of Objection received from the following:
R. Kevin Horan on behalf of The Children’s Place
Attorney William Maaia, Jesus Ruelas, 80 Ellery Street, Wrentham, MA and Ezequiel Sandoval, 716 City Walk Pl. 2, Hayward, CA are present and sworn in by the City Solicitor.
Mr. Maaia questions the applicant. Discussion takes place between Mr. Maaia and the City Council regarding the interpretation of whether the Children’s Place it is an accredited Dept. of Education school.
The City Solicitor discusses Section 3-7-19 and it states that the Council may not issue a Class B license if there is an objection from a school. The definition of a school is any non-public institution of elementary or secondary education K-12 accredited or recognized as a private school by the Dept. of Elementary and Secondary Education or the School Committee of the city or town having jurisdiction. If a school meeting this definition objects to the issuance of a license and the school is within 200 feet, the Council has no discretion and may not issue the license. The letter represents that the Children’s Place is within 100 feet and that they are accredited by the Dept. of Education as a private school.
On motion of Councilman Caine, seconded by Councilwoman Perry, it is voted to make all exhibits part of the record.
Bob Powers, Director of the Children’s Place, Cotuit, MA, is sworn in by the City Solicitor. Discussion takes place between the City Council and Mr. Powers. Mr. Powers’s states that they are licensed by the Dept. of Education, they have a certified faculty, operate 180 days a year, and are approved by the City of East Providence as a kindergarten program and as an early childhood center.
After further discussion, on motion of Councilman Caine, seconded by Councilwoman Perry, it is unanimously voted to defer this matter to the City Solicitor for a legal opinion from the Dept. of Education and defer this to the April 18, 2006 Council Meeting.
LICENSES NOT REQUIRING PUBLIC HEARING
3) Vict/Not Over 25 Subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall.
Adelino Melo d/b/a Atlantic Fish Market, 127 Waterman Avenue
Adelino Melo, 251 Woodward Avenue, is present and sworn in by the City Solicitor.
On motion of Councilman Midgley, seconded by Councilman Caine, and on a roll call vote, it is unanimously voted to approve.
4) Holiday Sales Subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall.
Adelino Melo d/b/a Atlantic Fish Market, 127 Waterman Avenue
On motion of Councilman Caine, seconded by Councilman Midgley, and on a roll call vote, it is unanimously voted to approve.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL PUBLIC HEARING
IV. CONTINUED BUSINESS
Multi Purpose Center Project (by Joseph Crook, Parks & Recreation Director)
Councilman Caine states this is the information we were looking for and the question now is we have to look at the tax situation we have going on right now and need to resolve that first. Will defer this matter until the first meeting in May.
On motion of Councilman Caine, seconded by Councilwoman Perry, it is voted to defer this matter until the May 2, 2006 Council Meeting. Motion passes 3 to 1. Councilman Midgley votes Nay.
V. NEW BUSINESS
A. CITY MANAGER’S REPORT
1. Bid award for lease/purchase Type I Medium Duty Ambulance
On motion of Councilman Caine, seconded by Councilman Midgley, and on a roll call vote, it is unanimously voted to approve.
2. School Department FY 2006 Proposed Deficit Reduction Plan
Ms. Boyle states she met with the Finance Director, City Solicitor and the Superintendent and his staff to discuss the deficit reduction plans and gives a breakdown of the report. With the $1.2 million dollar deficit we have now and the cuts we’ve identified would result in the following reductions: $350,000 in School Department cuts; approximately $250,000 in the buyback elimination; $270,000 in City cuts and revenue adjustments; and $500,000 in a 1% tax increase, which we estimate is approximately a $33 per year increase for a residential property owners whose home is valued at approximately $200,000. Upon approval of this by the City Council and the School Committee, the Solicitor will prepare the memorandum of understanding for review by the City Council and School Committee. This approved plan would also be submitted to the Auditor General as part of how we are addressing this current year’s budget deficit.
Mayor Larisa states that the Acting City Manager and Finance Director have done a great job, but the School Committee hasn’t approved this yet. We have a resolution on the docket tonight on the waiver requests of the Department of Education and we fully support the School Committee on this. The mandates are strangling us and there are a number of problems with school funding from the State that other communities do not share and we are disproportionally harmed in some of these areas. Regarding the memorandum of understanding, we need not only a review of the School Department, we also need an audit of their program, not to blame anyone, but to figure out how this can be done better. We hear a lot of complaining about the things the Council does, but the tax increase has almost nothing to do with the City side. Of the 3.5% on the table, only about .8% of that is from the City side. The remainder is on the School Department’s side. Everything mentioned in the report is good, including the cuts by the School Department and the adjustments on the City side. But they are taking $100,000 of next year’s money trying to solve this deficit. We go after the taxpayer every year and I don’t want to go into their pockets again, even if it is just $33 a year more to bail out this outrageous school contract. I’ve gotten over 662 e-mails and the number one topic is taxes. We went and cut an original 8% increase and we got it down to 3.5%. We shouldn’t even be here talking about increasing taxes to 4.5%, we were suppose to be trying to get it down to 3%. This is unprecedented; we’ve never had a mid year increase after we’ve set the tax rate. This doesn’t need to happen. We had an over-funded School budget. The B&E report said assuming we can’t touch the huge contracts we have, assuming we can’t touch any mandates, this is what they need to do. I don’t assume we cannot touch the contracts. The School Committee hasn’t even sat down with the teachers to try to get some reason in the contract. We don’t need a tax increase if we simply have the teachers come half way to where the Police and Fire are on the prescription drug benefit. This one change would save about $660,000 a year. In this proposal, before you get to the tax increase, you’re already taking $270,000 of taxpayer money to bail out the school. That money was going to be used to reduce this down from 3.5% to 3%, we had this set aside, and it was scooped away over to the School Department. And it is not to pay for special education. The increase in salary and benefits to the School Department is $3.7 million. If this were reduced to $3.1 or $3.2 million, we wouldn’t have this problem now. No has no co-pay, no one pays $5 or $20 for prescription drugs, and no one has a buyback, it’s just wrong. And before we go into the taxpayer’s pockets again, why can’t we get a change in a contract. We’re not saying for them to pay for it all, but no one has even asked them. The School Department budget went up 6% this year. The taxpayers have stepped up to the plate to a huge increase in school funding every year. As bad as it is this year, next year will be even worse. We’re looking at 8-10% in increases, but unless the contract is changed, the contract mandates this. You can hit up the taxpayers or do what I say, just say no and let them sue. In Cranston they sued and they lost. We cannot as a City sustain the amount of money each year we have to pay because of a terribly negotiated contract, it cannot be done. How do we resolve this? The budget deficit is $1.27 million, we get $350,000 from the school cuts, $250,000 from the buyback elimination, $270,000 in City cuts. We’re short about $400,000. We also put in $1.2 million to reduce the prior school deficit and we don’t need all of that to reduce the prior school deficit. We could use a slice of it to take some of the $400,000 down further and the get the rest from the school contracts, we negotiate and fight for the taxpayers. We need to open up the contracts, the taxpayers have done their share and why can’t we get something from the contract to be fair? We need to end the buybacks, open the prescription drug co-pay, and open the co-pays on health insurance. This has to be done.
Councilman Caine states we’ve been discussing ways to save money on the healthcare side. I cannot say anything different from the Mayor, but from a timing prospective what can we do to solve this particular budget? If the half million dollars meal tax money were used to reduce the prior deficit for the School, this would bring it down to $2.1 million. The deficit is $1.27 million. Regarding the buybacks, in February, half of the buyback money went out and that was about $300,000. That could have been applied to the additional 1% tax increase being proposed here tonight. The School Committee voted to get rid of it and then voted it back in and the checks went out so if we eliminate it this year, we only get half of it back. There are a lot of things we’ve been working on and a lot of it has not been done. Talking about a memorandum of understanding that we need to enter into relating to the B&E audit and the School Committee will be saying we need to do this on the City side too. That is fine with me. We need to do a performance audit of our budget and the School’s budget so that anyone can see we budget properly and that the money is used properly. We haven’t seen any significant movement since October in things that need to be done. There are minor healthcare changes that can be done on the school side that would save about $350,000. Change in classroom size from 10 to 12 students for the special education classes would help and would save about $150,000. We’ve asked, but these things haven’t been done. RIDE special education relating to teacher assistants would also save money. We’ve had negotiations with the collective bargaining units on the City side and we’re still in negotiations and healthcare co-share is a major part of that. It isn’t a requirement in this year’s contract, but we are asking for it and hopefully, we’ll get something done. The $270,000 the Mayor said was found money that was going to lower taxes from 3.5 to 3%. But that is needed with the $1.27 million dollar deficit. I don’t support raising taxes, but the problem is $2.1 million in old debt and $1.27 million this year and I don’t know how we get out of this mess without at least trying to solve this year’s deficit in a reasonable fashion. I wouldn’t approve the additional 1% tax increase without the requirement that the buybacks get eliminated, which would save $600,000 dollars next year, recommendations that the B&E audit requirements are adopted on the school side so there is a budget plan put in place that they do bottom up budgeting, and a health insurance consultant to look at alternatives with the health plans. All of these would be a requirement for me to support the additional 1% tax increase to solve this year’s budget and hopefully set us up for next year.
Councilwoman Perry states no one wants to increase taxes. I’m a lifelong resident of East Providence, I attended the schools as did my children and I love my City. The City has grown over the years. The Mayor said he’s never seen an increase in the middle of the year. When have we ever seen such high gas prices, high prescription drug prices, and more than 26% of our students in special needs programs. We all have to deal with these issues. I feel it is a disservice to the people of East Providence for me to say no to a tax increase. We have infrastructure crumbling, if we want better test scores in the schools, we need a good environment for our kids in the school. The high school has some classrooms with ceiling tiles falling out because we don’t have the money to take of our infrastructure. Year after year, Councils have said no tax increases we can’t afford it and this is what is happening. Before you know it, we’ll have to have the State bail us out with the schools. I don’t like tax increases more than anyone else, but I don’t want to see my City falling apart either. We want to bring in visitors in and want to develop our waterfront, but who wants to bring in visitors to a City that has infrastructure falling apart. I will support a 1% additional increase. If I don’t do what I feel is right for the City of East Providence, than I’m not doing my job.
Councilman Midgley states no matter how we look at this, we are $1.2 million short. That is money the City is short and is what we owe. The School Department came up with $350,000 they could identify in cuts. Councilman Caine states if the buyback doesn’t go through, he won’t support second passage. We are all one and I worry about the City side. We keep giving and giving. We can say we’re not going to support any increase so that means we’ll still be short at the end of the year. What will the consequences be with us being short? That is what we need to look at. This is money we owe. Unless the School Committee goes to the unions and asks them to come to the table, we still owe the money. And we need to decide if we’ll be fiscally responsible and pay our bills. I know this is distasteful and people don’t want to pay an increase in taxes.
Mayor Larisa states reasonable people can disagree on these issues. We need good government and make sure the taxpayers get the most for their buck. I’m saddened tonight because someone doesn’t get it. I’m going out on a limb saying go after the contracts and sue. I’m fine with suing and others say just pay it down. What bothers me is that it is illegal for the school to deficit spend. That is State law. They shouldn’t be spending more than the allocation they have. There are a lot of things the School Committee could do or authorize that wouldn’t hurt much. But if you don’t want to do anything illegal, you’re already are by deficit spending. Councilman Midgley asked if I support all the rest. Absolutely, I think they’ve done a great job with everything here. Where I disagree is with the tax increase in the middle of the year. The $270,000 that was supposed to go to reduce the tax increase from 3.5 to 3% should be matched by opening up the collective bargaining agreements and they throw $270,000 of the $3.7 million this year in increased salary and benefits. I don’t think that is unreasonable. Why is it unreasonable to go after the taxpayers? You say it’s only $33. We’ve already got a 3.5% increase already which isn’t bad considering with the prior Council, taxes went up $500-$1,000 in two years, more than in the prior ten years combined. So this year was trying to give the taxpayers a break. Councilwoman Perry said gas prices, gas or oil in your home have gone up, prescription drugs are through the roof, and so now we need to add another $33. And not to pay for roads, new school buildings, not to help the children, not for better facilities, but to pay for no co-pay and minimal prescription drug copay. This is outrageous and to say it is a disservice to the taxpayers not to approve this increase, to me it is a disservice to put another $33 on the backs of the taxpayers. If you don’t want it to happen and think it is outrageous, you need to pick up the phone and let your elected officials know. We’re here to represent you. If you think the contract is sanctified, then that is fine. But most people have said we can’t keep hitting up the taxpayers. We need to open the collective bargaining agreements. The School Committee needs to spend more time in the room with teachers trying to work out something and give just a little bit.
Councilman Caine states the buybacks have been here since 1993. A lot of people have been on the Council since and since 1993, over $4 million has been spent not for people to get healthcare. These issues need to be addressed and I know of no other way except to have the School Committee enter into a memorandum of understanding that there are certain requirements required. Does that mean taxes need to be raised more? I’m not going to do that. We need to look at this over the next two weeks to see what we can do and if there isn’t, we don’t have another alternative. I can’t as an elected official not take care of the budget this year. If we don’t, we have a prior deficit and one this year. No one likes taxes, but we need to solve this and project on how we can solve the prior deficit out there and see what is coming up in the future before October comes around.
3. Update of Waterfront Drive/Warren Avenue Connector
Ms. Boyle states this project will provide waterfront access from the Bold Point Pawtucket line. The project been on the books for twenty-five years and DOT is going out to bid tomorrow on the southernmost piece of Waterfront Drive. It is a $3 million dollar project entirely paid for by the State and would provide access to the entire portion of the southern waterfront. The estimated date of construction is going out to bid tomorrow, a pre-bid meeting on April 13th and bids are due April 26th and we expect construction to start in early-mid summer and this is about a one-year project.
4. Hurricane Preparedness
Ms. Boyle spoke with Raymond Benoit, who is the City’s Emergency Management Director. He prepared a brief report summarizing the status of our hurricane preparedness. It states the City is well prepared for the hurricane season. The evacuation map is completed and has been posted by RIEMA on their website, www.riema.ri.gov. Signs will be going up by the Public Works Dept. as soon as the ground thaws. The City is also working with the national flood plain program manager for the RIEMA and developing a hurricane map. The City has held a joint exercise with the Town of Barrington and the State identifying how to evacuate and shelter our residents during a category 4 or 5 hurricane. The RI Red Cross has recertified the East Providence Senior High School and the Riverside Middle School as meeting the standards for hurricane shelters. We have over 50 trained volunteers in both Red Cross shelter management and community emergency response training. The Police, Fire, Public Works, and Emergency Management Director have worked together for a number of years and they’ve also have prior experience responding to hurricanes and other natural disasters. We recently had the October floods where residents were evacuated by boat. The City opened and operated the shelter at the Senior Center. Also, the East Providence volunteers participated in a joint Red Cross/Pawtucket search and rescue operation. Mr. Benoit also states because of the topography of East Providence, most of the community is elevated and we’re probably in a relatively safe position in terms of flooding compared to Barrington and his feeling is that we’ve been extremely proactive in this regard and are well prepared to face the hurricane season and will continue working with our neighboring communities and the State.
5. Executive Session – Collective Bargaining Negotiations
On motion of Councilman Caine, seconded by Councilwoman Perry, it is unanimously voted to go into Executive Session at the end of the meeting in accordance with Section 42-46-5 of the “Exceptions” of Chapter 46 of the General Laws, pursuant to Section 42-46-5-(a)(2) [Collective Bargaining/Litigation], to discuss negotiations.
B. REPORTS OF OTHER CITY OFFICIALS
1) CLAIMS COMMITTEE (By William J. Conley, Jr. City Solicitor)
No claims report.
2) PROPOSED SEWAGE BACKFLOW PREVENTION PROGRAM (by Stephen Coutu–Public Works Director)
Director Coutu discusses the backwater valve and the problems we had last fall. Water pressure backed up into people’s lines and came up through their basement showers or toilets. We haven’t had many people come forward about installing these in their homes. It is the wet season and problems could arise anytime now. He discusses the proposed backflow prevention program where a homeowner can install one of these valves to block the flow of sewage coming in and causing damage. A number of communities have had backflow issues and this is modeled where the property owner can go out and get quotes from licensed plumbers and before it goes in, we approve the location. We don’t want these to go into areas that are not susceptible and we would then reimburse the property owner up to $1,000 for installation of this unit. The cost of the device is about $150. The cost of a plumber would depend where the line is located. We’ve had many claims against the City and this program is worth looking into and ask the Council for approval to proceed with this.
After further discussion by the Council, on motion of Councilman Midgley, seconded by Councilman Caine, it is unanimously voted to defer and for Director Coutu to work with the City Solicitor on this.
C. COUNCIL MEMBERS
1) Ward 2 Special Election Date(s) with vote (By Mayor Larisa)
Mayor Larisa states the Council received the dates back from the Canvassing Authority and he reads the dates proposed by them.
Unanimous consent given to John Conley, East Providence Democratic Committee Chairman. Mr. Conley states with the important issues coming up in the City, he reiterates the importance of having each ward represented and the need for representation in Ward 2.
After further discussion, Mayor Larisa makes a motion to approve Option #1. Roll-call vote as follows:
| Councilman Caine | Nay |
| Councilman Midgley | Aye |
| Councilwoman Perry | Nay |
| Mayor Larisa | Aye |
The motion fails 2 to 2.
On motion of Councilman Caine, seconded by Councilwoman Perry, a motion is made to approve Option #2, which is a primary on 5/23/06 and special election on 6/27/06. Roll-call vote as follows:
| Councilman Caine | Aye |
| Councilman Midgley | Aye |
| Councilwoman Perry | Aye |
| Mayor Larisa | Nay |
The motion passes 3 to 1.
2) Retention of outside expert to review building design, construction, material and fire code issues in connection with Station # 3 (By Mayor Larisa)
Mayor Larisa discusses some problems inside of the new fire station; fire code issues, building design issues, construction issues, and material issues. Need to have an independent third party look into this as soon as possible. Ask the Council for a motion to retain an outside expert chosen by the City Manager with input from the City Solicitor to review these issues.
On motion of Councilwoman Perry, seconded by Councilman Caine, and on a roll call vote, it is unanimously voted to approve.
3) Executive Session – Job Performance Acting City Manager (By Councilman Caine)
On motion is of Councilman Caine, seconded by Councilwoman Perry, and on a roll-call vote, it is unanimously voted to go into Executive Session at the end of the meeting in accordance with R.I.G.L. Section 42-46-5-(a) (1) [Job Performance].
D. RESOLUTIONS
1) The following is a resolution in support of naming the future Washington Bridge Linear Park, The George Redman Linear Park
WHEREAS, Mr. George Redman, a lifelong resident of the City of East Providence has proven his love and commitment to our community’s betterment through his many years of volunteer services and untiring advocacy, especially on behalf of the East Bay Bicycle Path; and
WHEREAS, the Ocean State Bike Path Association, the Greenways Alliance of Rhode Island, and the Narragansett Bay Wheelmen have undertaken a signature drive requesting that the Rhode Island General Assembly name the future Washington Bridge Linear Park the George Redman Linear Park; and
WHEREAS, the City Council for the City of East Providence wishes to recognize Mr. George Redman’s many years of faithful advocacy in ensuring the development of the East Bay Bicycle Path by renaming this “gateway” to East Providence on the East Bay Bicycle Path.
NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of East Providence requests the Rhode Island General Assembly name the future Washington Bridge Linear Park to George Redman Linear Park.
BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to the East Providence Legislative Delegation, Speaker of the House William Murphy, and Senate President Joseph Montalbano. (Requested by Mayor Larisa)
Steve Prew of Riverside steps forward and states he is a member of the Ocean State Bike Path Association. Ray Foulkes of the Narragansett Bay Wheelmen and Paul Redman, George’s son, are also here tonight. George couldn’t be here, but I’d like to ask the Council to support this resolution so that we may take this to the State level and have them consider naming the linear park on the Washington Bridge “The George Redman Linear Park”.
On motion of Councilwoman Perry, seconded by Councilman Midgley, and on a roll call vote, it is unanimously voted to approve.
Click here to view Resolution
2) The following is a resolution regarding the Justice Assistance Grant Information System Improvement Project
WHEREAS, The City of East Providence is a diverse urban community with a number of critical private and public infrastructure facilities.
WHEREAS, The East Providence Police Department strives to protect these facilities from natural and man-made threats.
WHEREAS, in order to provide quality services and a safer environment, the East Providence Police Department regularly upgrades the software and hardware that comprises its information and operating services.
WHEREAS, The City of East Providence does desire to fund these vital systems to the extent possible with Federal and State grants.
WHEREAS, the objective of the 2006 Phase of the Information improvement project is to update the current information management system.
NOW, THEREFORE BE IT RESOLVED, the City Council of East Providence does hereby formally support and authorize submission of the grant application to the Department of Justice for the Police Department 2006 Justice Assistant Grant in the amount of $18,081.
Ms. Boyle states this is in support of grant application by the Police Dept. for a Dept. of Justice grant to assist them in funding improvements to their information system.
On motion of Councilman Caine, seconded by Councilwoman Perry, and on a roll call vote, it is unanimously voted to approve.
Click here to view Resolution
3) The following is a resolution opposing the transfer of the Dr. George B. Haines Memorial Park from the State of Rhode Island to the Town of Barrington
WHEREAS, the Dr. George B. Haines Memorial Park is a state park which was donated to the State of Rhode Island to be used as a park for all of the citizens of the State; and
WHEREAS, said State park is a source of great enjoyment for many citizens of the City of East Providence who use the park for picnics, launching their boats, and other passive recreational activities; and
WHEREAS, if said park is transferred by the State of Rhode Island to the Town of Barrington, its use will drastically be altered interfering with and precluding the use of said park as a foresaid by East Providence citizens.
NOW, THEREFORE, BE IT RESOLVED, that the City of East Providence City Council hereby opposes the transfer of the Dr. George B. Haines Memorial Park from the State of Rhode Island to the Town of Barrington.
BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to East Providence Legislative Delegation, Speaker of the House William Murphy, Senate President Joseph Montalbano, and to each municipality in the State of Rhode Island. (Requested by Mayor Larisa)
Mayor Larisa states he would like to amend the resolution by deleting paragraph # 3 and in paragraph # 4, after Town of Barrington, add the words “unless a written agreement is reached with the Town regarding use of the park and its facilities”.
Councilman Midgley also reads a letter from Senator Damiani voicing his opposition to the planned take over of the Dr. George B. Haines Park to the Town of Barrington.
On motion of Councilman Caine, seconded by Councilman Midgley, and on a roll call vote, it is unanimously voted to approve the resolution as amended.
Click here to view Resolution
4) The following is a resolution in support of School Committee Mandate Waiver Requests
WHEREAS, the City of East Providence School Committee has made a request for four variances and waivers from mandates to Mr. Peter McWalters, Commissioner of the Rhode Island Department of Elementary and Secondary Education; and
WHEREAS, said request was made on March 22, 2006 as follows:
1. Grant a variance requiring the district to provide transportation to pupils attending schools outside the boundaries of the City of East Providence, with the exception of special education facilities.
2. Provide relief from non-public school textbook purchases.
3. Change the RIDE special education regulation that requires self-contained classrooms to have a Teacher Assistant to a needs-based regulation.
4. Change the RIDE class size maximum limit for special education self-contained classes from 10 to 12 students to reflect student-teacher ratios established in other states.
NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of East Providence hereby declares its support for said variances and waivers and joins in said request to Commissioner McWalters with the East Providence School Committee. (Requested by Mayor Larisa)
On motion of Councilman Caine, seconded by Councilwoman Perry, and on a roll call vote, it is unanimously voted to approve.
Click here to view Resolution
E. INTRODUCTION OF ORDINANCES (If given first passage, can be referred to the next regular Council meeting to be held on April 18, 2006 for a public hearing and consideration of Final Passage).
1) The following is an ordinance in amendment of Chapter 364 entitled an ordinance appropriating $127,215,195 for the support of the City Government for the fiscal year ending October 31, 2006
SECTION 1. The receipts for the fiscal year ending October 31, 2006 have been established to amount to $128,040,195 made up as follows:
| RECEIPTS | |
| Beginning Balance | $ 5,283,129.00 |
| Sale of City Property Reserve | $ 350,000.00 |
| General Property Tax | $ 69,134,000.00 |
| Licenses and Permits | $ 1,566,000.00 |
| Rescue Fee Transfer | $ 100,000.00 |
| Fines, Forfeits, Penalties | $ 40,000.00 |
| Revenue from Use of Money & Property | $ 225,000.00 |
| Revenue from Other Agencies | $ 9,808,025.00 |
| Charges for Current Services | $ 805,000.00 |
| Revenue from City Agencies | $ 186,000.00 |
| Revenue Water Department | $ 6,787,619.00 |
| Revenue Wastewater Department | |
| Sewer Use Charge | $ 5,120,504.00 |
| Other Revenue | $ 594,000.00 |
| Revenue School Department | |
| Local Sources | $ 1,337,000.00 |
| State Sources | $ 26,703,918.00 |
| TOTAL RECEIPTS | $ 128,040,195.00 |
SECTION II. To defray the expenses of the City of East Providence for the fiscal year commencing November 1, 2005 and ending October 31, 2006, the sum of money, or so much thereof as are authorized by law indicated in the accompanying schedule, are hereby appropriated for the objects and purposes, and in the amounts expressed therein, provided that payments thereunder shall be subject to the provisions of the City Charter of the City of East Providence and also subject to the provisions of said City Charter relative to the manner and form of expenditures of money set forth in said Charter from the City Treasury.
SECTION III. All monies appropriated are to be expended by the various departments in the manner and form approved by the Director of Finance.
SECTION IV. The payment to the School Fund of the following estimated receipts, included in the appropriation of $67,465,918 for the support of the public schools for the City of East Providence fiscal year 2005-2006, shall be increased or decreased to conform with the actual amounts received from such sources during the fiscal year 2005-2006 except the City appropriation of property tax.
| REVENUE-SCHOOL DEPARTMENT | |
| Local Sources | $1,337,000.00 |
| State Sources | $26,703,918.00 |
| City Appropriation of Property Tax | $38,850,000.00 |
| R.I. Meals Tax Designated for Deficit Reduction | $575,000.00 |
| TOTAL | $67,465,918.00 |
SECTION V. The purpose of this ordinance is to adopt the Budget for the fiscal year 2005-2006 which begins November 1, 2005 and ends October 31, 2006 as prepared and submitted by the City Manager, and to implement the recommendations as set forth in the City Manager's Budget Message by the approval of said recommendations as contained herein, or by other ordinances or resolutions of the City Council; all in accordance with the provisions of said Article.
| LEGISLATIVE, JUDICIAL AND GENERAL ADMINISTRATIVE ACTIVITIES | |
| CITY COUNCIL | |
| Personnel Services & Fringe Benefits | 48,812.00 |
| Supply and Service | 10,200.00 |
| Equipment and Capital Outlay | 1,000.00 |
| | 60,012.00 |
| CITY MANAGER | |
| Personnel Services & Fringe Benefits | 226,047.00 |
| Supply and Service | 8,600.00 |
| Equipment and Capital Outlay | 500.00 |
| | 235,147.00 |
| SENIOR CENTER | |
| Personnel Services & Fringe Benefits | 278,576.00 |
| Supply and Service | 16,600.00 |
| Equipment and Capital Outlay | 1,000.00 |
| | 296,176.00 |
| CITY CLERK | |
| Personnel Services & Fringe Benefits | 387,323.00 |
| Supply and Service | 143,500.00 |
| Equipment and Capital Outlay | 5,000.00 |
| | 535,823.00 |
| FINANCE-DIRECTOR | |
| Personnel Services and Fringe Benefits | 129,107.00 |
| Supply and Service | 2,150.00 |
| | 131,257.00 |
| FINANCE-CONTROL AND ACCOUNTS | |
| Personnel Services and Fringe Benefits | 260,286.00 |
| Supply and Service | 5,325.00 |
| | 265,611.00 |
| FINANCE-TREASURY-MIS | |
| Personnel Services and Fringe Benefits | 213,407.00 |
| Supply and Service | 49,500.00 |
| Equipment and Capital Outlay | 13,000.00 |
| | 275,907.00 |
| FINANCE-TREASURY DIVISION | |
| Personnel Services and Fringe Benefits | 465,993.00 |
| Supply and Service | 42,600.00 |
| Equipment and Capital Outlay | 2,000.00 |
| | 510,593.00 |
| FINANCE-PURCHASING DIVISION | |
| Personnel Services & Fringe Benefits | 135,455.00 |
| Supply and Service | 20,100.00 |
| Equipment and Capital Outlay | 500.00 |
| | 156,055.00 |
| FINANCE-ASSESSMENT DIVISION | |
| Personnel Services and Fringe Benefits | 740,123.00 |
| Supply and Service | 10,350.00 |
| Equipment and Capital Outlay | 1,000.00 |
| | 751,473.00 |
| PLANNING | |
| Personnel Services and Fringe Benefits | 641,637.00 |
| Supply and Service | 24,700.00 |
| Equipment and Capital Outlay | 2,000.00 |
| | 668,337.00 |
| HUMAN RESOURCES & SERVICE-PERSONNEL & E.M. | |
| Personnel Services and Fringe Benefits | 420,567.00 |
| Supply and Service | 16,500.00 |
| | 437,067.00 |
| HUMAN RESOURCES & SERVICE-AFFIRMATIVE ACTION | |
| Personnel Services and Fringe Benefits | 95,528.00 |
| Supply and Service | 1,650.00 |
| Equipment and Capital Outlay | 250.00 |
| | 97,428.00 |
| HUMAN SERVICES | |
| Personnel Services and Fringe Benefits | 79,275.00 |
| Supply and Service | 2,000.00 |
| | 81,275.00 |
| LAW DEPARTMENT | |
| Personnel Services and Fringe Benefits | 356,835.00 |
| Supply and Service | 9,650.00 |
| Equipment and Capital Outlay | 3,500.00 |
| | 369,985.00 |
| CANVASSING AUTHORITY | |
| Personnel Services and Fringe Benefits | 223,916.00 |
| Supply and Service | 18,952.00 |
| Equipment and Capital Outlay | 1,500.00 |
| | 244,368.00 |
| PUBLIC LIBRARIES | |
| Personnel Services and Fringe Benefits | 1,717,877.00 |
| Supply and Service | 172,950.00 |
| Debt Service | 107,431.00 |
| | 1,998,258.00 |
| PUBLIC SAFETY-POLICE | |
| Personnel Services and Fringe Benefits | 9,152,117.00 |
| Supply and Service | 706,314.00 |
| Equipment and Capital Outlay | 20,000.00 |
| | 9,878,431.00 |
| PUBLIC SAFETY-FIRE | |
| Personnel Services and Fringe Benefits | 9,987,241.00 |
| Supply and Service | 680,300.00 |
| Equipment and Capital Outlay | 49,000.00 |
| | 10,716,541.00 |
| PUBLIC WORKS-ANIMAL SHELTER | |
| Personnel Services and Fringe Benefits | 169,333.00 |
| Supply and Service | 29,100.00 |
| Equipment and Capital Outlay | 100.00 |
| | 198,533.00 |
| PUBLIC WORKS-BUILDINGS DIVISION | |
| Personnel Services and Fringe Benefits | 737,302.00 |
| Supply and Service | 563,999.00 |
| Equipment and Capital Outlay | 1,500.00 |
| | 1,302,801.00 |
| PUBLIC WORKS-BUILDING INSPECTION | |
| Personnel Services and Fringe Benefits | 531,278.00 |
| Supply and Service | 36,008.00 |
| Equipment and Capital Outlay | 6,500.00 |
| | 573,786.00 |
| PUBLIC WORKS-DIRECTOR | |
| Personnel Services and Fringe Benefits | 175,784.00 |
| Supply and Service | 2,700.00 |
| | 178,484.00 |
| PUBLIC WORKS-ENGINEERING | |
| Personnel Services and Fringe Benefits | 534,483.00 |
| Supply and Service | 22,798.00 |
| Equipment and Capital Outlay | 5,100.00 |
| | 562,381.00 |
| PUBLIC WORKS-HIGHWAY | |
| Personnel Services and Fringe Benefits | 2,048,381.00 |
| Supply and Service | 539,020.00 |
| Equipment and Capital Outlay | 34,000.00 |
| | 2,621,401.00 |
| PUBLIC WORKS-CENTRAL GARAGE | |
| Personnel Services and Fringe Benefits | 637,176.00 |
| Supply and Service | 67,225.00 |
| Equipment and Capital Outlay | 3,000.00 |
| | 707,401.00 |
| PUBLIC WORKS-STREET LIGHTS | |
| Supply and Service | 600,000.00 |
| PUBLIC WORKS-WASTEWATER FACILITIES PLANT | |
| Personnel Services and Fringe Benefits | 1,492,606.00 |
| Supply and Service | 1,371,950.00 |
| Debt Service | 222,732.00 |
| Equipment and Capital Outlay | 264,800.00 |
| | 3,352,088.00 |
| PUBLIC WORKS-WASTEWATER FACILITIES-COLLECTION | |
| Personnel Services and Fringe Benefits | 147,116.00 |
| Supply and Service | 2,085,300.00 |
| Equipment and Capital Outlay | 130,000.00 |
| | 2,362,416.00 |
| PUBLIC WORKS-REFUSE DISPOSAL | |
| Personnel Services and Fringe Benefits | 2,639,372.00 |
| Supply and Service | 33,200.00 |
| | 2,672,572.00 |
| PUBLIC WORKS-WATER | |
| Personnel Services and Fringe Benefits | 1,840,492.00 |
| Supply and Service | 3,382,528.00 |
| Equipment and Capital Outlay | 1,564,599.00 |
| | 6,787,619.00 |
| RECREATION | |
| Personnel Services and Fringe Benefits | 948,402.00 |
| Supply and Service | 181,505.00 |
| Debt Service | 55,168.00 |
| Equipment and Capital Outlay | 17,000.00 |
| | 1,202,075.00 |
| RECREATION-PARKS | |
| Personnel Services and Fringe Benefits | 1,027,760.00 |
| Supply and Service | 229,638.00 |
| Equipment and Capital Outlay | 54,000.00 |
| | 1,311,398.00 |
| MISCELLANEOUS | |
| Retiree Benefits | 1,545,000.00 |
| Interest on Tax Notes | 360,000.00 |
| General Audit | 30,000.00 |
| Judgment & Claims | 45,000.00 |
| Mental Health | 60,000.00 |
| Bond Principal | 960,000.00 |
| Bond Interest | 791,025.00 |
| Pensions (Old) | 5,760.00 |
| Insurance (Public Liability) | 550,000.00 |
| Unemployment Compensation | 40,000.00 |
| Professional Services | 125,000.00 |
| Membership Fees | 29,000.00 |
| Negotiations | 1,260,000.00 |
| Computer Lease Purchase | 90,000.00 |
| Self-Help | 30,000.00 |
| Master Lease | 300,000.00 |
| Capital Equipment | 50,000.00 |
| Other Miscellaneous | 24,500.00 |
| | 6,295,285.00 |
| CONTINGENCY FUND | 60,000.00 |
| DEBT SERVICE FUND | 2,076,293.00 |
| SCHOOL FUND | 66,140,918.00 |
| SCHOOL DEFICIT FUND | 575,000.00 |
| | |
On motion of Councilman Caine, seconded by Councilwoman Perry, it is unanimously voted to dispense with the reading of the ordinances.
After discussion by the Council, a motion is made to approve for First Passage by Councilman Caine, seconded by Councilwoman Perry. Roll call vote as follows:
| Councilman Caine | Aye |
| Councilman Midgley | Aye |
| Councilwoman Perry | Aye |
| Mayor Larisa | Nay |
Motion passes 3 to 1.
Click here to view Ordinance
2) The following is an ordinance in amendment of Chapter 365 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
SECTION I. That the City Council of the City of East Providence hereby orders the assessment and collection of a tax on ratable real estate, tangible personal property and an excise tax on registered motor vehicles and trailers in a sum not more than Seventy Six Million ($76,000,000) Dollars nor less than Seventy-four Million Nine Hundred Thousand ($74,900,000) Dollars. Said tax is for ordinary expenses, for the payment of interest and indebtedness, in whole or in part, of said city, and for other purposes authorized by law.
The Tax Assessor shall assess and apportion said tax on the inhabitants and ratable property of said city as of the 31st day of December, 2005 at twelve o'clock Eastern Standard Time, according to law, and shall on completion of said assessment, date and sign same and shall make out and certify to the City Treasurer of the City of East Providence, who is charged with the duties for the collection of taxes, on or before the 15th day of June, 2006 complete list of the names of the persons taxed and of the total value of all the real estate assessed against each person, and also the amount of registered motor vehicles and trailers assessed against each person, and also the total amount assessed against each person on said real estate, personal estate and registered motor vehicles and trailers, opposite the name of the person or persons assessed. Upon receipt of the certified tax list by the City Treasurer, he shall proceed and collect said tax on the persons and estates liable thereof; said tax shall be due and payable on and between the 1st day of June 2006 and the 3rd day of July, 2006 and provided further that if said tangible personal property and real estate taxes are paid in full on or before the 3rd day of July, 2006, a discount of three per centum (3%) of the total taxes on said tangible personal property and real estate shall be granted, and all taxes remaining unpaid on the 3rd day of July, 2006 shall carry until collected a penalty at the rate of twelve per centum (12%) per annum from the 1st day of June, 2006 upon said unpaid tax, however, said taxes may be paid in four installments; the first installment of twenty-five per centum (25%) on or before the 3rd day of July, 2006, the second installment of twenty-five per centum (25%) on or before the 1st day of September, 2006, the third installment of twenty-five per centum (25%) on or before the 1st day of December, 2006 and the fourth installment of twenty-five per centum (25%) on or before the 1st day of March, 2007.
Each installment of taxes if paid on or before the last day of each installment period successively in order shall be free from any charge of interest.
If the first installment or any succeeding installment of taxes is not paid by the last date of the respective unpaid balance period or periods as they occur, then the whole tax or remaining unpaid balance of the taxes as the case may be shall immediately become due and payable and carry until collected a penalty at the rate of twelve per centum, (12%) per annum.
The City Treasurer shall, by advertisement in the public newspaper having circulation in the City of East Providence, notify all persons assessed to pay their respective taxes at his office on and between the said 1st day of June, and the 3rd day of July, 2006 both days inclusive; said City Treasurer setting forth the hours during which his office shall remain open to receive said taxes.
SECTION II. That any of said taxes not paid on or before the 1st day of March, 2007 shall forthwith be collected by levy upon the sale of real estate upon which it is assessed and by that or other due process of law in case of assessment upon personal property.
After discussion by the Council, a motion is made to approve for First Passage by Councilman Caine, seconded by Councilwoman Perry. Roll call vote as follows:
| Councilman Caine | Aye |
| Councilman Midgley | Aye |
| Councilwoman Perry | Aye |
| Mayor Larisa | Nay |
Motion passes 3 to 1.
Click here to view Ordinance
On motion is of Councilman Caine, seconded by Councilwoman Perry, and on a roll-call vote, it is unanimously voted to go into Executive Session in accordance with R.I.G.L. Section 42-46-5-(a) (1) [Job Performance and in accordance with Section 42-46-5 of the “Exceptions” of Chapter 46 of the General Laws, pursuant to Section 42-46-5-(a)(2) [Collective Bargaining/Litigation], to discuss negotiations and to go into Executive Session in accordance with R.I.G.L. Section 42-46-5-(a) (1) [Job Performance].
The open meeting recesses at 11:05 p.m. and goes into Executive Session at 11:10 p.m.
The open meeting resumes at 12:00 a.m. with all Council members present.
The City Council met in Executive Session on April 4, 2006 to review the job performance the Acting City Manager as well as her salary. After discussion, a motion was made by Councilman Caine, seconded by Councilwoman Perry, and unanimously voted to establish Acting City Manager Boyle’s salary at the same pay as former City Manager Fazioli during her term as Acting City Manager retroactive to her first day of service as Acting City Manager.
There being no further business, the meeting adjourns at 12:05 a.m.
Attest:
__________________________________
Dana L. Toy
City Clerk
Approved: May 2, 2006