| | CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING MARCH 7, 2006 | |
The City Council meets in the Council Chambers on Tuesday, March 7, 2006 and Mayor Joseph S. Larisa, Jr. calls the meeting to order at 7:45 p.m.
| Present: | Mayor Joseph S. Larisa, Jr. | ) | |
| | Patrick T. Caine | ) | |
| | Peter F. Midgley | ) | Council Members |
| | William J. Fazioli | ) | City Manager |
| | William J. Conley, Jr. | ) | City Solicitor |
| | Dana L. Toy | ) | City Clerk |
| | | | |
| Absent: | Valerie A. Perry | ) | |
A moment of silence is given for the passing of Councilman Norman Miranda. The invocation is read by Councilman Caine and the Salute to the Flag is led by Councilman Midgley.
A. APPROVAL OF COUNCIL JOURNALS
February 14, 2006 – Special Meeting – Legislative Breakfast
B. CANCELLATION/ABATEMENTS (Requested by Tax Assessor)
| YEAR | AMOUNT |
| 2004 | $ 590.63 |
| 2005 | $1,157.58 |
| TOTAL | $1,748.21 |
C. BOARD OF ASSESSMENT REVIEW
Requested adjustments for hardships and residential Tax Board of Review
| YEAR | AMOUNT |
| 2005 Real Estate Appeals (1 approved - 1 denied - total of 2) | $ 214.67 |
| 2005 Hardships (5 total) | $2,582.52 |
| TOTAL | $2,797.19 |
On motion of Councilman Caine, seconded by Councilman Midgley, and on a roll call vote, it is unanimously voted to approve the Consent Calendar. It is noted for the record that Councilwoman Perry is absent.
The calendar is dispensed with and Council Members reflect on some of their experiences with Councilman Norman Miranda, who recently passed away on February 25th.
Cancer Control Task Force
1) Doreen Carter, Chairperson, 124 Bluff St. (02915)
2) Mary Ann DeSousa, 236 Burnside Ave. (02915)
3) Jen Medeiros, 26 Carlton Ave. (02914)
4) Irene Rego
5) Wendy Michalski, 88 Fenmoor St. (02914)
6) Joan Merriweather
7) Phillip Tirrell, 168 Becker Ave. (02915)
8) Robert Tirrell
9) Elaine Johnson
Honorary Chairs:
Dr. Mohammed Akhtar and Dr. Mare
On motion of Councilman Midgley, seconded by Councilman Caine, and on a roll call vote, it is unanimously voted to approve. It is noted for the record that Councilwoman Perry is absent.
LICENSES NOT REQUIRING PUBLIC HEARING
Vict/Not Over 25 (Transfer) Subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall.
From: Spasta Corp., d/b/a East Bay Pizzeria
To: SSCC Corp., d/b/a East Bay Pizzeria, 68 Taunton Avenue
Jose Silva, 62 Colony Street, East Providence, 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. It is noted for the record that Councilwoman Perry is absent.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL PUBLIC HEARING
A. CITY MANAGER’S REPORT
1. Authorize agreement for TPA on Worker’s Compensation Program
Seeking the Council’s authorization to enter into an agreement with a third party administrator for our Worker’s Compensation Program.
On motion of Councilman Caine, seconded by Councilman Midgley, and on a roll call vote, it is unanimously voted to approve. It is noted for the record that Councilwoman Perry is absent.
2. I-195 Interchange/Access Road Project
A presentation is given to update the Council on the new I-195 interchange being developed with federal highway, RIDOT, and the City of East Providence and the Dexter Road connector, which will provide direct access to Waterfront Drive. Have been successful in receiving Federal and State dollars to make this project a reality and are also in good standing to receive upward of a $2 million grant to help construct the Dexter Road connector.
3. Collective Bargaining Negotiations
On motion of Councilman Caine, seconded by Councilman Midgley, it is unanimously voted to go into Executive Session at the end of the meeting in accordance with Section 42-46-5 of the “Exceptions” of Chapter 46 of the General Laws, pursuant to Section 42-46-5-(a)(2) [Collective Bargaining/Litigation], to discuss negotiations. It is noted for the record that Councilwoman Perry is absent.
B. REPORTS OF OTHER CITY OFFICIALS
1) CLAIMS COMMITTEE (By William J. Conley, Jr. City Solicitor)
| Audet, Bazar, Berren & Gonzalez, Claim No. 06-010 | Refer to insurance carrier |
| Julian Frazier, Claim No. 06-006 | Denied |
| Lori Beth Gorman, Claim No. 06-011 | Denied |
| Mary Gregory, Claim No. 06-007 | Denied |
| Lawrence Hey, Claim No. 06-002 | Approved |
| Marie Hornig, Claim No. 06-003 | Denied |
| Charles Koehler, Claim No. 06-013 | Refer to RIDOT |
| Marty & Kathleen Leitao, Claim No. 06-005 | Approved |
| Michael Martone, Claim No. 06-014 | Refer to insurance carrier |
| Michaela Roderiques, Claim No. 06-009 | Refer to New England Const. |
| Robert & Leslie Gagnon, Claim No. 05-97 | Received as information |
| City of East Providence vs. Kovatch Mobile | |
| Equipment Corp d/b/a KME Fire Apparatus | Approve the order |
| City of East Providence vs. RI Interlocal | |
| Risk Management Trust | Received as information |
| Estate of William Hussey vs. City of East Providence | Received as information |
| East Providence Water Pollution Control Facility | |
| RIPDES Permit No. RI0100048 | Received as information |
| Save the Bay vs. City of East Providence | Case dismissed |
On motion of Councilman Caine, seconded by Councilman Midgley, and on a roll call vote, it is unanimously voted to accept the Claims Report as presented. It is noted for the record that Councilwoman Perry is absent.
2) MULTI-PURPOSE CENTER PROJECT (By Joseph Crook –Parks & Recreation Director)
Director Crook will provide an update on the Multi-Purpose Center project on cost estimates, timetable, and to get an idea on how to move ahead. Have a conceptual design and new updated cost estimates, but need to be authorized to get to the next level of a full design of the facility. The $5 million doesn’t quite get us what was proposed a few years ago, but it will still satisfy the needs of the community. Mr. Crook states W. Michael Pierce, regional director of architecture for Edwards and Kelsey, is here and he gives an overview of the site location and the configuration of the building.
Mayor Larisa states this is a much-needed project. The question is when and how we do this. All projects in the City have received Federal and State money. We need to look to various funding sources from the Federal and State level and make this a priority. $5 million dollars in property tax payments is a tough pill to swallow when we have other projects being done with Federal and State money. We need to go to the delegation and seek some funding for this project.
Councilman Midgley states he has supported this from the beginning. The people voted on it twice and they want it. The sad part is we’re now going to a smaller size building. We’ll pay for it with their money; that is what they voted on. People will think we’re crazy wanting to spend more money, but the people do want it. If we wait any longer, the size will keep decreasing.
Mr. Fazioli states that no bond has been issued yet. We are not anticipating issuing $5 million dollars in bonds until we get to the construction stage. We’d like the Council’s authorization to develop some final designs for the building. That would take about six months and then we’ll have a good estimate on the price at that point and Council can consider if the project is worthwhile in issuing bonds.
Mr. Crook states that the bond was already approved twice. Prior to being approved, each taxpayer was sent a tax impact statement so they knew how much this was going to cost them in their taxes. Any further delay will only reduce the building even more. Asking to get started so we can do specifications and get RFQ’s from contractors so this will all be in place. The voters committed to this by approving the bond twice.
Mayor Larisa states a referendum was passed. There was no opposition, no one raised costs or its impact and it passed by a small margin: 53% in favor, 47% against. We can’t just tell people it’s going to cost .27 cents per thousand per year on the tax statement sent out. It’s not telling them it will be $100 on their tax bill every year or what the impact of a $5 million dollar bond issue is. It doesn’t explain to them that Federal or State money could have been available, but nothing has been done to obtain it. This would be the first project to be paid for solely with property tax money. I believe it is a great project and has to happen. I don’t believe the people knew they were voting on a $5 million fully taxpayer paid bond. I don’t believe the fiscal impact statement was accurate, it didn’t reflect what was really happening. I wish somebody had thought do we have to hit the taxpayers up for $5 million dollars or could we have gotten some money from the State or Federal government?
We have the site, we have updated cost estimates, and I understand it’s time to move on this. I just want to know what the taxpayers have to say about having a $5 million dollar bond for roads and sidewalks and then putting another $5 million dollars more in debt at the same time with no Federal or State contributions towards it and am disappointed we don’t have any Federal or State money we can go to the taxpayers with and say they’ve stepped up to the plate, now we need to contribute half this cost or something. To move forward, we need to get an estimate on what the tax rate is and what we’re moving forward on if it’s full design and construction for a cost of $291,000 and we’ll take a vote on it. One question if we’re not issuing the bonds and we’re not committing and we’re going to spend $291,000, where is that money coming from?
Mr. Fazioli states in the past, we have issued a temporary construction note for the amount of the soft costs. We wouldn’t be issuing the full $5 million all at once; it would be just a portion to cover what the next phase is. Mayor Larisa states we need to get a number on what the next level would be, which would give us a better cost estimate.
C. COUNCIL MEMBERS
Appointment of Interim City Manager (By Councilman Caine)
Councilman Caine states Bill Fazioli’s last day will be on March 10th. The search for City Manager is continuing. We need to have someone as interim City Manager during this period and Jeanne Boyle has agreed to do this. She is the Director of Planning, has been with the City about 18 years, and is involved with a significant amount that is happening with the City.
Mayor Larisa states Bill willing be leaving soon, but will still be around until the next Council Meeting, which he will sit at along with Jeanne. Corporate authority will be turned over to Jeanne on Monday, March 13th and Director Boyle has the full support of the City Council.
On motion of Councilman Caine, seconded by Councilman Midgley, it is unanimously voted that Jeanne Boyle, Director of Planning, is named Interim City Manager effective March 13, 2006. It is noted for the record that Councilwoman Perry is absent.
Unanimous Consent – Mayor Larisa gives an update on the School Department deficit and proposal received this afternoon from the School Committee. We’ve been trying to reduce the tax rate from 3.5 to 3%. The proposal tonight from the School Committee is to not allow us to reduce it, but they propose we increase it to 6%. Have a formal letter from the Chairman of the School Committee requesting this increase. The deficit of the School is $1.27 million dollars. Asked Finance Director McDonald if we needed to come up with that this year, what would we have to do to the tax rate and he said we would have to increase it to 6%. We’d have to ask the General Assembly for permission because we already locked it in at 3.5%. The sad part is that it is on the backs of the taxpayer. Last week, discussed the buyback issue and they said no to discontinuing them. The School Committee is doing nothing and is not making any cuts. This is a shame because until the buybacks are eliminated, until there are meetings on the totally free healthcare that no one else in the City has, and until they try to negotiate reasonable prescription drug co-pays that would save $600,000 dollars and solve half of this problem, I can’t see anyone wanting to ask the taxpayers to fund the entire solution. I can’t concur with this and I don’t think anyone else agrees with raising taxes to 6% at this time. Last week, there was a discrepancy on the buyback numbers and we’re analyzing those numbers now and will update that at another meeting.
D. RESOLUTIONS
Amending Resolution No. 12 adopted April 1, 2003 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 11 members. The City Council shall appoint qualified electors from the city to the task force to serve a term of office concurrent with that of the Council. The City Council shall appoint one member to serve as the Chairperson.
BE IT FURTHER RESOLVED that the duties of said task force shall include but not be limited to:
1. Urging the city and local businesses to promote the good health of its employees and residents;
2. Urging every employee and resident to undergo pre-cancer screening;
3. Urging 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 the city and local businesses to include cancer education, detection and prevention programs in their health programs;
5. Urging 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 that the city, school administration and local health professionals work to improve comprehensive school health plans.
Doreen Carter, chairperson of the Cancer Control Task Force, speaks about the Cancer Control Task Force and the efforts to reinvigorate it.
Click here to view Resolution
On motion of Councilman Caine, seconded by Councilman Midgley, it is unanimously voted to dispense with the reading of the resolution.
On motion of Councilman Caine, seconded by Councilman Midgley, and on a roll call vote, it is unanimously voted to approve. It is noted for the record that Councilwoman Perry is absent.
E. INTRODUCTION OF ORDINANCES (If given first passage, can be referred to the next regular Council meeting to be held on March 21, 2006 for a public hearing and consideration of final passage).
The following is an ordinance amendment regarding a COLA increase:
SECTION I. Article V entitled “Firemen’s and Policemen’s Pension Fund” of Chapter 11
of the Revised Ordinances of the City of East Providence, 1998, as amended, entitled
“Personnel,” Subsection 11-236 entitled “Service retirement annuity” is amended to read as
follows:
(e) Effective May 1, 2004 2006 those members who retired from service between 1962 and
1984 shall receive an increase of $900.00 per member per year except in the case of a
widowed member whose increase shall be $600.00 per year, and those members who are
receiving an annual cost of living adjustment.
Click here to view Ordinance
On motion of Councilman Midgley, seconded by Councilman Caine, and on a roll call vote, it is unanimously voted to approve. It is noted for the record that Councilwoman Perry is absent.
F. COMMUNICATIONS
John F. Conley, Democratic City Committee Chairman, is present and sworn in by the City Solicitor. He discusses the vacancy in Ward 2 and feels that the people in Ward 2 need to have representation and we should have a special election to fill this vacancy.
Brian Silva, Chairman of Ward 2 Democratic Party, is present and sworn in by the City Solicitor. Mr. Silva states that Norman was always there for the people and he wanted to make sure they were always represented. The EP Democratic Committee Ward 2 took a vote and we unanimously voted to strongly urge the Council to respect the people of Ward 2 and allow a special election to be held.
Mayor Larisa reads a letter received from the East Providence Taxpayer Association expressing their opposition to holding a special election.
Councilman Midgley states that no decision has been made at this time whether or not we’re going to have a special election. The Council needs more time to grieve on this before deciding if there will be a special election held. Then we’ll decide what we are going to do from there.
Mayor Larisa reiterates what Councilman Midgley stated and that it will be discussed whether to have the election in November. Another option would be to have a special election in September. This way, people will have a chance to campaign and a choice would be made that day and there wouldn’t be a primary held. The third choice would be a special election in May or June. This would actually entail three elections, the one in May or June, then the September primary, and then the November election. These are the three options we will be looking at.
On motion of Councilman Caine, seconded by Councilwoman Midgley, and on a roll-call vote, it is unanimously voted to go into Executive Session in accordance with Section 42-46-5 of the “Exceptions” of Chapter 46 of the General Laws, pursuant to Section 42-46-5-(a)(2) [Collective Bargaining/Litigation], to discuss negotiations.
There being no further business, on motion of Councilwoman Perry, seconded by Councilman Caine, the open meeting recesses at 9:50 p.m. and goes into executive session at 9:55 p.m. and adjourns at 10:15 p.m. The Open Meeting reconvenes and adjourns at 10:15 p.m.
Attest:
________________________________
Dana L. Toy
City Clerk
Approved: March 21, 2006