| | CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING NOVEMBER 6, 2007 | |
The City Council meets in the Council Chambers on Tuesday, November 6, 2007 and Mayor Isadore S. Ramos calls the meeting to order at 7:33 P.M.
The invocation is read by Councilwoman Perry and the Salute to the Flag is led by Councilman Silva.
Lori Merolla from Merandi Reporting is present to record the proceedings of the public hearing.
| Present: | Mayor Isadore S. Ramos | | |
| | Robert E. Cusack | ) | Council Members |
| | Bruce DiTraglia | ) | |
| | Valerie A. Perry | ) | |
| | Bryan P. Silva | ) | |
| | | | |
| | Richard M. Brown | ) | City Manager |
| | William J. Conley, Jr. | ) | City Solicitor |
| | Virginia B. Nunes | ) | City Clerk |
I. CONSENT CALENDAR
A. APPROVAL OF COUNCIL JOURNALS
October 2, 2007 - Regular Meeting
October 16, 2007 - Regular Meeting
B. CANCELLATION/ABATEMENTS (Requested by Tax Assessor)
| YEAR | AMOUNT |
| 2002 | $ 517.96 |
| 2003 | $ 546.27 |
| 2007 | $9,272.13 |
| Total | $10,336.36 |
C. INFIRMITY/POVERTY EXEMPTION
| YEAR | AMOUNT |
| 2007 | $11,037.97 |
| Total | $11,037.97 |
D. JOINT PUBLIC NOTICE – STATE OF RHODE ISLAND COASTAL RESOURCES MANAGEMENT COUNCIL AND DEPARTMENT OF ENVIROMENTAL MANAGEMENT.
On motion of Councilman Silva, seconded by Councilwoman Perry, and on a roll call vote, it is unanimously voted to approve the Consent Calendar.
II. PROCLAMATIONS & PRESENTATIONS
A. Citations to be presented to Mike Marshall and Eric Laughlin for 1st place in the 2007 Snow Plow Rhodeo (rodeo).
Mayor Ramos asked Mr. Coutu to come forward to make the presentation.
Mr. Coutu explained the Snow Plow Rhodeo.
Mayor Ramos presented Citations to Mike Marshall and Eric Laughlin for 1st place in 2007 Snow Plow Rhodeo.
III. LICENSES NOT REQUIRING PUBLIC HEARING
1. Vict/Not Over 25 (Subject to approvals from Chief of Police, Building Inspector, Health Inspector and Fire Marshall)
From: East Bay Convenience, Inc. d/b/a East Bay Food Mart, 244 Taunton Avenue (02914)
To: K Sage, Inc., d/b/a East Bay Food Mart
Kanagaratnam Sajeenthiran, 177 South Bend Street, Pawtucket (02860) was sworn in by City Solicitor.
Councilman DiTraglia asked if he ever owned or operated this type of business.
Mr. Sajeenthiran stated no.
Councilman DiTraglia asked if he had any experience.
Mr. Sajeenthiran stated he worked there.
On motion of Councilman Cusack, seconded by Councilman Silva, it is unanimously voted to approve.
2. Holiday Sales (Subject to approvals from Chief of Police, Building Inspector, Health
Inspector and Fire Marshall)
From: East Bay Convenience, Inc. d/b/a East Bay Food Mart, 244 Taunton Avenue (02914)
To: K Sage, Inc., d/b/a East Bay Food Mart
On motion of Councilman Cusack, seconded by Councilman Silva, it is unanimously voted to approve.
3. Vict/Not Over 25 (Subject to approvals from Chief of Police, Building Inspector, Health Inspector and Fire Marshall)
From: Ponto UM Market, Inc., d/b/a Ponto Um Market, 234 Warren Avenue (02914)
To: Claricleia Luiz De Sousa, d/b/a Ponto Um Market
Claricleia Luiz De Sousa, 1280 Newman Avenue, Seekonk, MA (02771) was sworn in by City Solicitor.
Councilman Silva asked if this was a transfer.
Ms. Nunes stated yes.
Councilwoman Perry asked if she operated an establishment in the past.
Ms. De Sousa stated no.
Councilwoman Perry asked if it would be the same hours.
Ms. De Sousa stated yes.
Councilwoman Perry asked what would be sold.
Ms. De Sousa stated food, bikinis items from Brazil.
On motion of Councilman Silva, seconded by Councilwoman Perry, it is unanimously voted to approve.
4. Holiday Sales (Subject to approvals from Chief of Police, Building Inspector, Health Inspector and Fire Marshall)
From: Ponto Um Market, Inc., d/b/a Ponto Um Market, 234 Warren Avenue (02914)
To: Claricleia Luiz De Sousa, d/b/a Ponto Um Market
On motion of Councilman Silva, seconded by Councilwoman Perry, it is unanimously voted to approve.
5. Holiday Sales (Subject to approvals from Chief of Police, Building Inspector, Fire Marshall)
From: Ghazi Salim, d/b/a Ghazi’s Sunoco, 411 North Broadway (02916)
To: J R Sunoco
No one present to be heard.
On motion of Councilwoman Perry, seconded by Councilman Silva, it is unanimously voted to defer.
6. Laundry/Dry Cleaner (Subject to approvals from Chief of Police, Building Inspector, Fire Marshall)
From: Maria E. Tavares, d/b/a South Broadway Launderette, 1026 South Broadway (02914)
To: Ana P. Pimentel, d/b/a South Broadway Launderette
Ana P. Pimentel, 19 Lyon Street, Pawtucket (02860) was sworn in by City Solicitor.
Councilwoman Perry asked if applicant operated a business like this before.
Mr. Pimentel stated yes we have in Bristol.
On motion of Councilwoman Perry, seconded by Councilman Silva, it is unanimously voted to approve.
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
IV. PUBLIC HEARINGS
ORDINANCES – FINAL PASSAGE
1. The following is 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. (Advertised Providence Journal – October 26, 2007)
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.
THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:
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 Eighty-three Million Two Hundred Thousand ($83,200,000) Dollars nor less than Eighty-two Million One Hundred Thousand ($82,100,000) 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, 2007 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 16th day of June, 2008 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 2nd day of June 2008 and the 1st day of July, 2008 and provided further that if said tangible personal property and real estate taxes are paid in full on or before the 1st day of July, 2008, 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 1st day of July, 2008 shall carry until collected a penalty at the rate of twelve per centum (12%) per annum from the 2nd day of June, 2008 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 1st day of July, 2008, the second installment of twenty-five per centum (25%) on or before the 1st day of September, 2008, the third installment of twenty-five per centum (25%) on or before the 1st day of December, 2008 and the fourth installment of twenty-five per centum (25%) on or before the 2nd day of March, 2009.
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 2nd day of June, and the 1st day of July, 2008 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 2nd day of March, 2009 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.
SECTION III. This ordinance shall take effect upon its second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
On motion of Councilwoman Perry, seconded by Councilman Silva, and on a roll call vote, it is unanimously voted to dispense with the reading of the ordinance.
Mayor Ramos asked Mr. McDonald to come up and explain the ordinance.
Mr. McDonald stated this and the next two go hand in hand with the budget ordinance that you passed at the special meeting. What this does is allow us to levy and raise the property taxes. This is the revenue portion to generate the necessary property taxes to balance that budget.
No one from the public wishes to speak.
On motion of Councilman Silva, seconded by Councilwoman Perry and on a roll-call vote, it is unanimously voted to approve.
2. The following is an ordinance authorizing the Director of Finance to borrow funds in anticipation of taxes. (Advertised Providence Journal – October 26, 2007)
AN ORDINANCE AUTHORIZING THE DIRECTOR OF
FINANCE TO BORROW FUNDS IN ANTICIPATION OF TAXES.
THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:
SECTION I. The Director of Finance is authorized to borrow during the fiscal year ending October 31, 2008 such sums of money in anticipation of the property taxes of the year as may be permitted by law for the purpose of meeting the current liabilities and expenses of the City and that the Director of Finance is authorized to issue the note or notes of the City therefore and to refund such note or notes and any tax anticipation notes of a prior year to the extent permitted by law.
SECTION II. This ordinance shall take effect upon its second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed. (Requested by: Director of Finance)
On motion of Councilwoman Perry, seconded by Councilman Silva, and on a roll call vote, it is unanimously voted to dispense with the reading of the ordinance.
Mayor Ramos asks if there is anyone wishing to speak.
Debra Saraiva, 88 Sprague Avenue, (02915) was sworn in by City Solicitor.
Ms. Saraiva asked if they could explain real estates taxes and the borrowing of funds in anticipation of taxes.
Mr. McDonald stated as you know the fiscal year started November 1 we do not mail out our tax bills until May so this first ordinance allows us to borrow money in anticipation of those tax bills going out in May. We need the cash to operate the City before the tax bills go out in May. In anticipation of the question of the next ordinance revenue notes is the same thing to operated the wastewater department since that a separate enterprise fund we need a separate ordinance for the wastewater department.
Ms. Saraiva stated ok so how is it explained that the real estate tax is going up, is it going up to $14.97 per thousand.
Mr. McDonald stated the budget that passed projected a tax rate of $14.91 which was a fifty cents increase that’s actually in the ordinance that was passed a couple of minutes ago generated the revenue. Yes the tax rate would go 3.5% which was what the budget was based on.
Ms. Saraiva stated ok so when is that going to help to borrow the funds in anticipation of taxes.
Mayor Ramos stated that why we’re borrowing the money.
Mr. Brown stated whether the tax rate increased or not we would have to borrow it’s a function of the way our tax bills go out and the way our fiscal year is structured.
Ms. Saraiva stated so it’s a possibility that the taxes won’t go up.
Mr. Brown stated no it’s going up but the measure that we are taking would have occurred whether we had a tax increase or not.
Ms. Saraiva stated ok.
Mayor Ramos asks if there were any other public comments hearing none I need a motion.
On motion of Councilwoman Perry, seconded by Councilman Silva, and on a roll-call vote, it is unanimously voted to approve.
3. The following is an ordinance authorizing the Director of Finance to borrow funds in anticipation of revenue. (Advertised in Providence Journal – October 26, 2007)
AN ORDINANCE AUTHORIZING THE DIRECTOR OF
FINANCE TO BORROW FUNDS IN ANTICIPATION OF REVENUE.
THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:
SECTION I. The Director of Finance is authorized to borrow during the fiscal year ending October 31, 2008 such sums of money in anticipation of the sewer use fee revenue of the year as may be permitted by law for the purpose of meeting the current liabilities and expenses of the City and that the Director of Finance is authorized to issue the note or notes of the City therefore and to refund such note or notes and any revenue anticipation notes of a prior year to the extent permitted by law.
SECTION II. This ordinance shall take effect upon its second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed. (Requested by: Director of Finance)
On motion of Councilwoman Perry, seconded by Councilman Silva, and on a roll call vote, it is unanimously voted to dispense with the reading of the ordinance.
Mayor Ramos asks Mr. McDonald if he wants to explain this one.
Mr. McDonald stated this is a combination of two things notice it says revenue rather than taxes. This is to raise revenue for the wastewater department. A number of years ago we ran a significant deficit in the wastewater fund and we’re paying that off, we’re reducing that by a certain amount of money every year. The budget showed $200,000 a year for deficit fund because of that I’m hopeful this is the last year that this would be required.
Charles Mello, Jr., 596 Willett Avenue (02915) was sworn in by City Solicitor.
Mr. Mello asks how far we are still indebted.
Mr. McDonald stated approximately $500,000 I don’t have the financial statements with me.
Mr. Mello stated you just got done saying $200,000 and you just got done saying it will be the final payment.
Mr. McDonald stated we budget a minimum of $200,000 as a budget line item but the degree that we run a surplus from the rest of our operations any surplus goes to defer that deficit and another thing when the deficit gets down to a very small number we probably would not be required money to finance the operations. Whether the deficit gets to zero or not the need to borrow was the statement I refer to will probably be alleviated after this year. I did say it with certainty I said hopefully if things worked out well.
Mr. Mello stated so if I play a set of five numbers with a power ball number I could hit the power ball. I’m hopeful. Everything is so vague, such sums of money that could be anything, in anticipation of the sewer fee revenue, how much are we borrowing is it $200,000 or by this statement are you allowed to borrow any amount.
Mr. McDonald stated by that statement that is correct.
Mr. Mello stated I’m flabbergasted. I don’t know about the Council or the people here. I’ll say it again we’re robbing Peter to pay Paul. According to the budget the sewer charges or estimated receipts $6,550,457 the city could borrow actually that much.
Mr. McDonald stated according to that ordinance that is correct we have never borrow that amount of money, last year we borrowed a million dollars we would anticipate something less than a million dollars this year.
On motion of Councilwoman Perry, seconded by Councilman DiTraglia, and on a roll-call vote, it is unanimously voted to approve.
4. The following is an ordinance amendment regarding handicap parking at 221 Juniper Street. (Advertised in Providence Journal – October 26, 2007)
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.”
THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:
SECTION I. Article X entitled “Stopping, Standing and Parking.” of Chapter 18 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Vehicles and Traffic.” Subsection 18-315 entitled “Reserved parking designated–Handicapped parking.” is amended by adding thereto the following:
JUNIPER STREET in front of house number 221
SECTION II. This ordinance shall take effect upon its second passage and all ordinances or parts of ordinances inconsistent herewith are hereby repealed. (Requested by: Director of Public Works)
On motion of Councilwoman Perry, seconded by Councilman Silva, and on a roll call vote, it is unanimously voted to dispense with the reading of the ordinance.
No one from the public wishes to speak.
Councilman Silva stated this is an ordinance I was asked for the convenience of a handicap son get him in and out of the house so I’d like to make that motion.
On motion of Councilman DiTraglia, seconded by Councilwoman Perry, and on a roll-call vote, it is unanimously voted to approve.
5. The following is an ordinance amendment regarding speed/wake limits on Omega Pond, Turner Reservoir and Willett Pond.(Advertised in Providence Journal – October 26, 2007)
AN ORDINANCE IN AMENDMENT OF CHAPTER 13 OF THE
REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE,
RHODE ISLAND, 1998, AS AMENDED, ENTITLED “PUBLIC PLACES”.
THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:
SECTION I. Division 4 entitled “Harbor Regulations” of Article III entitled “Coastal Waters and Harbor Areas” of Chapter 13 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Public Places” is amended by adding thereto the following:
Sec. 13-102. Omega Pond.
No person shall operate any gasoline powered boat within Omega Pond. Vessels may be operated with an electric motor or under oars, paddles, or sail. No vessel shall travel in excess of 5 MPH or leave a wake.
Sec. 13-103. Turner Reservoir.
No person shall operate any gasoline powered boat within Turner Reservoir. Vessels may be operated with an electric motor or under oars, paddles, or sail. No vessel shall travel in excess of 5 MPH or leave a wake.
Sec. 13-104. Willett Pond.
No person shall operate any gasoline powered boat within Willett Pond. Vessels may be operated with an electric motor or under oars, paddles, or sail. No vessel shall travel in excess of 5 MPH or leave a wake.
SECTION II. This ordinance shall take effect upon its second passage and all ordinances or parts of ordinances inconsistent herewith are hereby repealed.
On motion of Councilwoman Perry, seconded by Councilman Silva, and on a roll call vote, it is unanimously voted to dispense with the reading of the ordinance.
No one from the public wishes to speak.
Mayor Ramos asks if anyone wants to speak.
Mr. Brown stated this ordinance was requested the Harbormaster and the Harbormaster Commission it allows us to regulate the wake limits on those bodies setting it a 5 mph.
On motion of Councilman Silva, seconded by Councilman DiTraglia, and on a roll-call vote, it is unanimously voted to approve.
6. The following is an ordinance amendment regarding transient moorings and fees. (Advertised in Providence Journal – October 26, 2007)
AN ORDINANCE IN AMENDMENT OF CHAPTER 13 OF THE
REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE,
RHODE ISLAND, 1998, AS AMENDED, ENTITLED “PUBLIC PLACES”.
THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:
SECTION I. Subsection (b) of Sec. 13-100 entitled “Transient anchoring and anchorages.” of Division 4 entitled “Harbor Regulations” of Article III entitled “Coastal Waters and Harbor Areas” of Chapter 13 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Public Places” is amended to read as follows:
(b) Transient anchorages. The following areas are established for use as transient anchorage areas:
Bullocks Cove Mooring #500 South North.
Bullocks Cove Mooring #300 North 501 South.
Crescent Beach Mooring #502 South.
Crescent Beach Mooring #503 Middle.
Crescent Beach Mooring #504 North.
Pomham Lighthouse #505.
Transient mooring fees shall be $20.00 per day or $100.00 per week.
SECTION II. This ordinance shall take effect upon its second passage and all ordinances or parts of ordinances inconsistent herewith are hereby repealed.
On motion of Councilwoman Perry, seconded by Councilman Silva, and on a roll call vote, it is unanimously voted to dispense with the reading of the ordinance.
No one from the public wishes to speak.
On motion of Councilman DiTraglia, seconded by Councilman Silva, and on a roll-call vote, it is unanimously voted to approve.
V. CONTINUED BUSINESS
VI. NEW BUSINESS
A. CITY MANAGER’S REPORT
1. Health Insurance
Mr. Brown stated during the budget process the City received solicitations from Blue Cross for renewal our policy and received extensive discussions and received a formal proposal from United Health Care. There were a couple of differences the Blue Cross plan is an indemnity plan it is fully insured the United Care proposal takes advantage of the administrative cost negotiated with the State. We did talk to our collective bargaining units and they gave us the go ahead to negotiate with United Health although they did have some concerns about making any sort of a change. After analysis all of that information I would like to recommend to Council that we renew our Blue Cross contract of our fully insured plan overall increase of 9.8% and those funds are included in the budget. We have begun negations with Blue Cross to research and apply for application with a couple of Municipal consociations or groups with self funded plans which take advantage of lower and reduced administrative cost , one is GHGRI the other is West Bay Consociation. We do have to go through an application and we would have to reconcile our fiscal years and their fiscal years.
Councilman Cusack asked if we renew with Blue Cross for what period of time.
Mr. Brown stated we’re renewing for a year or the lesser part of the year if we can move it to the consociations.
Councilman Cusack asked is moving it to the consociations the only way out say a month lapis we pay the new rate for one month and then we want to take advantage of a consociation.
Mr. Brown stated if there a Blue Cross consociation yes.
Councilman Cusack asked so you look at other alternatives including self insurers like the school department uses you’re rejecting that you’re not bring that to us at all.
Mr. Brown stated the consociations that we are looking at are Blue Cross consociations and if we were to get involved with them they would be self insured programs rather than fully insured programs.
Councilman Cusack asked so those consociations have rates or cost for their members that are less or more then the self insurance quote provided to us by United Health.
Mr. Brown stated it is hard to make that determination because in addition to the straight insurance program we use our Blue Cross coverage to administer our workers compensation and we have a number of retiree programs that we folded into our Blue Cross programs that might not be simple to duplicate.
Councilman Cusack stated so it seems to me you analysis along with your committee.
Mr. Brown stated the study was done by me, the Finance Director and the Personnel Director the committee we brought in for purpose of soliciting their perspiration in looking at an alternative.
Councilman Cusack stated so we’re going to pay 9.8% more than last year.
Mr. Brown stated that’s right.
Councilman Cusack stated there’s been a pattern in Rhode Island United Health coming in with bids and Blue Cross reducing its very high bid. United can be controversial some Doctors are opting out. I want to look at United Health very seriously the State went from over $70.00 per head to $23.00 per head. There should be a lot of us involved. I thought we would be voting on a month to month now we’ll be in a year contract.
Mr. Brown stated I’m hoping it will be less and get into a self insured.
Councilman Cusack stated yes but with Blue Cross.
Mr. Brown stated the administrative cost is not the cost driver it’s the amount of claims. At this time I think I would recommend be go with Blue Cross and I will be coming back to you as soon as I can negotiate an alternative that will save us some money.
Councilman DiTraglia asked the 9.8% are the other city and towns paying that.
Mr. Brown stated that not an uncommon rate coverage. We are working with health care and our employees with claims.
Councilman DiTraglia stated it’s ashamed that the State saved $22 million dollars going over to the over insurer and now the Cities and Towns have to pay the penalty.
Councilman Cusack asked if 9.8% was the final quote what was the first rate of increase.
Mr. Brown thought 14% range but asked Mr. McDonald.
Mr. McDonald stated in the 16% range then, 12% range and slowly lowers to the 9.8%.
On motion of Councilman Silva, seconded by Councilwoman Perry, and on a roll-call vote, it is unanimously voted to approve.
B. REPORTS OF OTHER CITY OFFICIALS
CLAIMS COMMITTEE (by William J. Conley, Jr. – City Solicitor)
Mr. Conley presents Claims Report from November 6 2007:
| David & Paulina Melo Claim No. 07-045 | Refer the claim to Utilities Company |
| Scott J. Thorpe Claim No. 07-041 | Received as information |
On motion of Councilman Silva, seconded by Councilman DiTraglia, and on a roll-call vote, it is unanimously voted to approve.
C. COUNCIL BUSINESS
1. Outside students in our School – Bob Rodericks (By Mayor Ramos)
Mayor Ramos asked Mr. Rodericks to come and make a presentation.
Mr. Rodericks stated I’m glad respond to the request in the spirit of communication think it’s a good idea to give reports not only to school department but to city council regarding education in the city. My role as Director of Attendance and Student Registration there’s a lot of concerns about students attending our school while possibly being legal residents. Councilman Silva brought this up at the last council meeting regarding student at Shaw’s when released. We have been working with Shaw’s, Police and School. One of the biggest problems is the parents tell their children to go to the Shaw’s parking lot and they will pick them there. Some of the kids get on the RIPTA buses to Providence, people thought they lived there but some go to Kennedy Plaza. We’re strict about registration they have to prove with utility bills in their name and I make their homes. The State of Rhode Island says it’s more legal where he lives not just who is their guardian is. The law says parents not getting along and send them here we own them. Our real problem they move and never tell us and want the kids to stay in this school system. I would be will to be on a City Wide Task Force. No child left behind has been a major impact.
On motion of Councilwoman Perry, seconded by Councilman Silva, and on a roll-call vote, it is unanimously voted to accept as information.
2. Fire Station #3 Report (By Mayor Ramos)
Mayor Ramos stated I have been getting requests on that report on that Fire Station where we are at this time.
Mr. Brown stated regarding public access trouble getting on our web site so I put my copy at the public library since we have put it on our web site. We are in the process of reviewing that report and have our building inspector go thru that and prepare his findings and after that I anticipate we will be having some discussions with State officials.
Mayor Ramos asked there was a study on that, why are we studying the study.
Mr. Brown stated according to the study there are some things that violate code the building official says there are not. He disputed what was presented by Pacheco Ross. Before we make any investment and actually physically alter the building we need to go thru the process to find out if all of the violations need to be remedy thru reconstruction or they can we granted waivers by the appropriate State officials.
Mayor Ramos asked is there a cutoff date when in fact we can do any legal things.
Mr. Brown stated its best that Bill answer but it was my understanding by the time we got to this report we probably lost our ability.
Mr. Conley stated along with that the issue if they were design issues or code issues we have our own staff deputing her we had code violations the ability of a successful prosecution is probably not high even though I do understand the problems the report reveals to argue that we had nothing to do with and it was all the contractor fault is probably not a very good argument.
Mayor Ramos stated I have a problem that we have a building and we can do anything about it.
Councilman Cusack stated I read the report questions are what those deficiencies are, who is responsible for them, what needs to be fixed and who should pay for them. We have to figure out are those deficiency that needs to be remedy. Is our City staff up to snuff who we are employing?
Mr. Brown stated he is going thru a process and I’ll advise you.
On motion of Councilman Silva, seconded by Councilman DiTraglia, and on a roll-call vote, it is unanimously voted to accept as information.
D. RESOLUTION
RESOLUTION REQUESTING SENATORS AND REPRESENTATIVES
IN THE GENERAL ASSEMBLY FROM THE CITY OF EAST PROVIDENCE
TO INTRODUCE LEGISLATION IMPOSING A TWO HOUR PARKING
RESTRICTION FOR COMMERCIAL VEHICLES WITH A GROSS
VEHICLE WEIGHT IN EXCESS OF 10,000 POUNDS ON ALL
STATE ROADWAYS IN THE CITY OF EAST PROVIDENCE
WHEREAS, the City Council of the City of East Providence has received a significant increase in the number of complaints by city residents regarding the parking of large commercial vehicles on state roadways within the City of East Providence for a long period of time; and
WHEREAS, numerous tractor trailer trucks are parking on state highways in front of residences and at busy intersections in the City of East Providence;
NOW, THEREFORE, BE IT RESOLVED that the Senators and Representatives of the General Assembly from East Providence be requested to introduce and seek passage of legislation placing a two hour parking restriction for commercial vehicles with a gross vehicle weight in excess of 10,000 pounds on all state roadways in the City of East Providence;
BE IT FURTHER RESOLVED that the City Council for the City of East Providence requests the City Clerk send a copy of this Resolution to the Governor of the State of Rhode Island, the Lt. Governor of the State of Rhode Island, the President of the Rhode Island State Senate, the Speaker of the Rhode Island House of Representatives and the Senators and Representatives of the City of East Providence. (Requested by: Mayor Ramos)
Mayor Ramos stated he’s been getting complaints on this. I called the police department there is nothing on the books.
Mr. Conley 2001 we had a similar issue and the House and Senate passed it and it went to the traffic commission and it was decline to take action so it was never put into effect so the only way was to do this is to make another resolution.
Councilman DiTraglia stated on a state road no vehicle should be parked there it has to be towed it’s a safety issue.
Councilman Cusack said we made a resolution on another law and they ignored us up there. I hope the House of Representatives take this more seriously. Let find out who is on the traffic commission, let’s get it implement.
On motion of Councilman Silva, seconded by Councilman DiTraglia, and on a roll-call vote, it is unanimously voted to approve.
*ADDENDUM
NOVEMBER 6, 2007
*D. RESOLUTION
RESOLUTION OPPOSING THE ALTERATION OF FRESHWATER WETLANDS IN THE MARSH STREET AREA FOR PURPOSES OF NEW DEVELOPMENT
WHEREAS, all of Marsh and Abbott Streets, and most of the immediate neighborhood, including part or all of over 30 residential properties, are within the FEMA Special Flood Hazard Area (also known as 100-year floodplain); and
WHEREAS, a large portion of the referenced neighborhood experienced flooding twice within a one-year period in 2005 and 2006, resulting in major hardship for neighborhood residents; and
WHEREAS, the Rhode Island Floodplain Mitigation Association strongly discourages filling or otherwise altering areas within the FEMA Special Flood Hazard Area for purposes of development; and
WHEREAS, additional development would likely unnecessarily increase the flood potential and flood impact in this area; and
WHEREAS, the East Providence Planning Department, the East Providence Public Works Department, and the East Providence Conservation Commission are concerned about the effects of new development in Special Flood Hazard Areas; and
WHEREAS, the alteration of freshwater wetlands in general adversely impacts their function of protecting life and/or property from flooding or flood flows by retaining, storing, metering, or slowing flood waters from storm events;
NOW, THEREFORE BE IT RESOLVED, that this East Providence City Council hereby respectfully expresses its opposition to RIDEM Application No. 05-0272 and all plans for freshwater wetlands alteration for the purpose of new development in the Marsh Street neighborhood.
AND BE IT FURTHER RESOLVED, that the City Clerk be and she is authorized and directed to transmit a duly certified copy of this resolution to the Office of Water Resources of the Rhode Island Department of Environmental Management by the end of the notice period for this Application at 4:00 p.m. on November 19, 2007. (Requested by Planning Department)
Councilman Silva stated this is my district and I’m happy to see the Planning Department acting on this I know we got a notice and someone wanting to build two houses would be a nightmare for other neighbors.
Councilman Cusack asked is this at the foot of Waterman Avenue where there was terrible flooding.
On motion of Councilman Silva, seconded by Councilwoman Perry, and on a roll-call vote, it is unanimously voted to approve.
E. INTRODUCTION OF ORDINANCES (If given First Passage, can be referred to the next regular Council Meeting to be held on November 20, 2007 for a public hearing and consideration of final passage).
1. The following is an ordinance amendment regarding stop sign at Lincoln Avenue (Westbound traffic) at Monroe Avenue
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”
THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:
SECTION I. Sec. 18-269 entitled “Stop and yield intersections designated; when stops required.” is amended by adding thereto the following:
LINCOLN AVENUE (westbound traffic) at Monroe Avenue
SECTION II. This ordinance shall take effect upon second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed. (Requested by: Director of Public Works)
On motion of Councilwoman Perry, seconded by Councilman Cusack, and on a roll call vote, it is unanimously voted to dispense with the reading of the ordinance.
Councilwoman Perry asked if she could ask the public works director how this ordinance came about did someone contacted him.
Mr. Coutu said yes a resident.
Councilwoman Perry stated she didn’t know about it and you felt it was warranted.
Mr. Coutu said yes.
On motion of Councilwoman Perry, seconded by Councilman Silva, and on a roll-call vote, it is unanimously voted to approve.
C. COMMUNICATIONS
1. Charles Mello, Jr., 596 Willett Avenue (02915) Requesting to address the Council regarding when the Mayor will and Council be more specific now that they have required everyone else to be.
Mr. Conley stated to say your name and address for the record you’ve been previously sworn in.
Mr. Mello stated I was already sworn in.
Mr. Mello stated Charles Mello, Jr. 596 Willett Avenue (02915) do I need to be sworn in again.
Mr. Conley stated no, before I finished speaking you started talking so you didn’t hear me say you were previous sworn.
Mr. Mello stated sorry you’re right my mistake. Several weeks ago the Mayor stated in the paper people like myself be more specific now I’m asking when are the Mayor, City Council and City Manager going to be more specific. Sewage Treatment Plant what are our options Mr. Mayor.
Mayor Ramos stated make your speech it’s communications.
Mr. Mello asked what our options are for repairs of the Sewage Treatment Plant, what are our options Mr. Mayor. You won’t answer me ok City Manger or another members of this council what are the options associated with the cost. I’m a tax payer a rate payer and they won’t answer my questions.
Mr. Brown stated if I may we have said over and over and over again there is a facilities study being done by Camp, Dresser & McKee you were there you participated in the public process. They will be determining the scope of improvements that we will need to meet our permit obligations as well as to make improvement to other parts of our system when those are identified and place before us we will look at the implementation schedule and then we will be able to determine what the financing mechanisms will be. And until we get the Camp, Dresser & McKee report you can ask those questions as many times and as many different ways as you would like, but that is the answer you’re going to get.
Mr. Mello stated ok Mr. Brown you told us that a meeting that was going to be held on October 23 was going to be Camp, Dresser & McKee being more specific with the financial cost involved. They didn’t show up, Eisenhardt Group showed up doing a DBO and there was no explanation why CDM didn’t show up.
Mr. Brown I’m sorry I never told you CDM would be here.
Mr. Mello stated yes you did.
Mr. Brown stated no, I didn’t.
Mr. Mello stated yes you did in early October and you also said that they would not be discussing any financing because they were too complicated for the public to understand.
Mr. Brown stated I’m glad you’re having these discussions, but there not with me.
Mr. Mello stated you said it right here.
Mr. Brown stated Mr. Mello if you want to actually reference a discussion and a conversation that you had with me that’s fine if you want to have a discussion in your own mind and plan on sharing it with us please do It’s very amusing.
Mr. Mello stated I didn’t have a conversation with you that night sir, you make the statement to everybody you said there would be a special meeting on October 23 with CDM present getting into more specific evaluations and estimates and then the meeting was changed to the 24th and the Eisenhardt Group showed up. No that’s what took place.
Mr. Brown stated no I said there was going to be a presentation.
Mr. Mello stated I’m not going to argue with you I do know specifically I have notes on it you just don’t have the same recall that I do.
Mr. Brown stated none of us do, Thank God.
Mr. Mello stated no unfortunately that is just ashamed, when the public is going to be informed will CDM come by December 31.
Mr. Brown stated I just answered that it will be done by the end of the year.
Mr. Mello stated we are under a court order by the end of the year right.
Mr. Brown stated you can be as pedantic and as argumentative as you want to be.
Mr. Mello stated I can see I’m not going to get answers.
Councilman DiTraglia stated I just wanted to answer some of the question he had a three meetings ago he left early we stayed till 11:30 p.m. Mr. Mello I don’t know where you’re getting a court order for the Wastewater Treatment Plant there is no such thing so you better go back and try to figure out where you got that from. You stated the only time you see a Councilman is election I’m out every Saturday in my neighbor I go by your house because I see you at the council meetings I try to talk to people. You say the taxes went up and we have not anything to show for it. You do have sewer, roads, police, fire, teachers, trash pickups, schools, parks there’s a lot of things in our City. This Council is trying to deal with problems from the last twenty years and every time you come you try to bash this council. We’re trying to make this work to make the City better. We’re not here to play games with you.
Councilman Cusack stated he would like to thank Councilman DiTraglia for those comments. I would like to address one thing we have people hear and estimate 5,000 people who watch these proceeding on television and if they were to listen to the previous person they would be gravely misled about the workings of the council and the city. The process of selecting the method by which we comply with DEM evermore trenchant requirements on what we discharge in that Bay is a very deliberant process it’s not going to be done rashly it’s not going to be under pressure by some Harpy who happens to have an irresistible urge to come and berate us every time he has a chance. It’s not going to be effected by that. There is a process and it will cost more. The individual who spoke tonight was very hostile to those consultants and I was embarrassed they were trying to do a job for us. I want the public to know there is a process and we have good consultants.
2. Jon Bograd, Rhode Islanders for Fair Elections, 75 Waterman Avenue, Providence (02912) Requesting to address the Council regarding Fair Elections.
Mr. Bograd was unable to attend and ask it be deferred to the next meeting.
IX. ADJOURNMENT
On motion of Councilman Silva, seconded by Councilwoman Perry, it is voted to adjourn.
Mayor Ramos adjourns the meeting at 10:37 p.m.
Attest:
_________________________________
Virginia B. Nunes
City Clerk
Approved: December 4, 2007