| | CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR CITY COUNCIL MEETING OCTOBER 6, 2009 6:30pm Executive Session 7:30pm Open Session | |
The City Council meets in the Council Chambers on Tuesday, October 6, 2009 and Mayor Joseph S. Larisa, Jr. calls the meeting to order at 7:30pm.
The invocation is read by Councilman Cusack and the Salute to the Flag is led by Councilman Coogan.
| Joseph S. Larisa | ) | Mayor | |
| | Robert E. Cusack | ) | Council Members |
| | Valerie A. Perry | ) | |
| | Bruce DiTraglia | ) | |
| | Brian G. Coogan | ) | |
| | James P. Briden | ) | City Solicitor |
| | Kim A. Casci | ) | City Clerk |
I. EXECUTIVE SESSION
The City Council of the City of East Providence will meet in Executive Session pursuant to RI General Law § 42-46-5 (a) (2)
1. Pending Litigation
A. Geonova development Co. vs City of East Providence
B. IBPO Local 569 vs City Of East Providence
C. Damiani vs City of East Providence
2. Status of Collective bargaining with Police and Fire Unions
3. City of East Providence vs IAFF Local 850
TO APPROVE THE CONSENT CALENDAR
A. Approval of Council Journals
1. September 1, 2009 Regular Council Meeting
2. September 1, 2009 Executive Session
B. Letters
1. Coastal Resources Management proposed change to “Redbook”
2. Coastal Resources Management Agenda Semi-Monthly Meeting 9/22/09.
3. Coastal Resources Management October 2009 Calendar.
4. Notice of Property Number for Single Family, 40 Jenks Street, Map 208, Block 01, Parcel 007.00.
C. Cancellations/Abatements
| Year | Amount |
| 2009 | $8,663.83 |
| Total | $8,663.83 |
D. Alcoholic Beverage Class F-1
1. St. Francis Xavier, 81 North Carpenter Street (02914)
SFX Bank Fundraiser, October 11, 2009
2. St. Francis Xavier, 81 North Carpenter Street (02914)
30 Week Club Fundraiser, October 17, 2009
3. St. Francis Xavier, 81 North Carpenter Street (02914)
Anniversary Dinner, October 24, 2009
A motion to approve the Consent Calendar absent the Executive Session minutes from September 1, 2009 is made by Councilman DiTraglia, seconded by Councilwoman Perry and it is unanimous.
A motion is made to accept and keep closed the minutes of the Executive Session minutes of September 1, 2009 and closed by Councilwoman Perry, seconded by Councilman DiTraglia and it is unanimous.
A motion is made to come out of Executive Session by Councilman Cusack, seconded by Councilwoman Perry and it is unanimous.
II. PROCLAMATIONS AND PRESENTATIONS
4. Councilman Coogan to present a donation to the Samaritans of Rhode Island.
Denise Panichas from the Samaritans of Rhode Island was called up to the podium and was presented with a check by Councilman Coogan as a donation for the Samaritans hot line programs. She added that the single biggest risk factor to suicide prevention is connectedness and all of the programs that the City Council and constituents are fighting for help to prevent suicide by keeping the community members connected. Councilman Coogan brought his family up to the podium and explained that he lost a brother to suicide and knows of the importance of the Samaritans of Rhode Island’s programs.
III. APPOINTMENTS
5. Traffic Control (by Councilman Coogan)
Angela Campos, 70 James Street (02914)
A motion is made by Councilman Coogan, seconded by Councilman DiTraglia and it is unanimous.
6. Traffic Control (by Councilman Coogan)
Steve Campos, 70 James Street (02914)
A motion is made by Councilman Coogan, seconded by Councilman DiTraglia and it is unanimous.
IV. LICENSES REQUIRING PUBLIC HEARING
7. Second Hand/Miscellaneous
Christiano Barbosa, DBA E.P. Pawnbrokers, 912 Broadway (02914)
Christiano Barbosa came to the podium to explain he would like to add the second hand license to the business and to add to the pawnbroker license which was already approved.
A motion to approve is made by Councilman DiTraglia, seconded by Councilman DiTraglia and on a roll call vote it is unanimous.
V. LICENSES NOT REQUIRING PUBLIC HEARING
8. Wrecker/Tower
John DeSilveira, III, DBA Veterans Towing, 5 Eastern Avenue (02914)
John DeSilveira is called to the podium. He explains he does not want to be added to the tow list but just wants to be able to complete tows in the City if he is called by a customer to do so. Councilman DiTraglia is opposed to the application due to the fact that he believes there are enough towers in the City already.
A motion to approve is made by Councilman Cusack, seconded by Councilwoman Perry, Councilman Coogan recuses, Councilman DiTraglia votes nay, Mayor Larisa votes aye and the motion passes.
9. Renewal of Annual Miscellaneous Licenses
Authorization granting to renew subject licenses, excluding alcoholic beverage licenses, for year commencing December 1, 2009 upon application by licensee and approval by Chief of Police and, as required, by Health Inspector and other City Officials.
A motion is made to approve the Renewal of Annual Miscellaneous Licenses including all stipulations listed by Councilwoman Perry, seconded by Councilman Cusack and on a roll call vote it is unanimous.
VI. PUBLIC HEARINGS
1. This amendment will permit the lawful occupation of licensed massage therapists and licensed massage therapy establishments. These proposed amendments are pro-active and meant to address potentially unlawful activities that have been problems for other communities in Rhode Island, with some requiring the use of law enforcement.
A motion is made to dispense with the reading of the ordinance by Councilwoman Perry, seconded by Councilman Cusack and it is unanimous.
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
CITY OF EAST PROVIDENCE
AN ORDINANCE IN AMENDMENT OF CHAPTER 19 OF THE
REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE,
RHODE ISLAND, 1998, AS AMENDED, ENTITLED “ZONING”
SECTION I. Section 19-1 entitled “Definitions” of Article I entitled “In General” of Chapter 19 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, is amended by adding thereto the following:
Massage therapist means a person engaged in the practice of massage who has completed a program in or is certified by a school or institution of learning that is approved by the Commission on Message Therapy Accreditation (COMTA) or an equivalent academic and training program meeting the requirements of the Rhode Island Department of Health as stated in their Rules and Regulations for licensing massage therapists as approved by the Director, other than a correspondence course which school or institution has for its purpose the teaching of the theory, practice, method, profession, or work of massage, including at least anatomy, physiology. hygiene and professional ethics, pursuant to the statutory provisions. Proof of a current license issued by the Department of Health shall be posted on the premises in a location visible to customers.
Massage therapy establishment means an establishment approved and otherwise regulated by the licensing agency, which is the State of Rhode Island Department of Health, operating in conformance with all pertinent Rules and Regulations of the State of Rhode Island and all City ordinances and license requirements. Proof of a current license issued by the Department of Health shall be posted on the premises in a location visible to customers.
Massage therapy means the practice of massage by a licensed massage therapist using a scientific system of activity to the muscular structure of the human body by means of stroking, kneading, tapping and vibrating with the hands or vibrators for the purpose of improving muscle tone and circulation.
SECTION II. Section 19-98 entitled “Schedule of use regulations” of Article III entitled “District Regulations” of Chapter 19 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, is amended by adding thereto the following:
Add a line to the Service Business category as follows:
Message Therapy Establishment*
| R1 | R2 | R3 | R4 | R5 | R6 | O1 | C1 | C2 | C3 | C4 | C5 | I1 | I2 | I3 | BT |
| N | N | N | N | N | N | N | C | C | C | N | N | N | N | N | N |
SECTION III. Subsection (1)h of Section 19-171 entitled “Accessory Uses” of Article IV entitled “Supplementary District Regulations” of Chapter 19 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, is amended by adding thereto the following:
The practice of massage therapy conducted by a state licensed massage therapist* conducted within the principal building by a resident of the premises, provided that 1) there is no exterior storage of material or equipment, 2) that no display of products shall be visible from the street, 3) that not more than 25 percent of the total floor area, not to exceed 250 square feet is regularly devoted to such use and that no other person is regularly employed therein in the R-1, R-2. R-3, R-4, R-5 and R-6 districts, 4) that the resident shall have obtained a Special Use Permit under Sec. 19-39 Special Use Permit et.seq., and 5) that the applicant shall obtain any licenses required by the city, and 6) that proof of a current license issued by the Department of Health shall be posted on the premises in a location visible to customers.
SECTION IV. Section 19-481 entitled “Schedule of use regulations” of Article IX entitled “Waterfront Special Development Districts” of Chapter 19 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, is amended by adding thereto the following:
Add a line in the Personal Services category of the Waterfront District schedule of use regulations for Massage Therapy* or Massage Therapy Establishment*
Massage Therapy* and/or Massage Therapy Establishment*
| Phillipsdale | Dexter Road and Pawtucket Avenue | Crook Point and Taunton Avenue | Bold Point | Veteran’s Parkway | Kettle Point |
| C | C | C | C | C | C |
SECTION V. This ordinance shall take effect upon passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Planning Department
City Solicitor Briden described the ordinance stating that the ordinance change is derived from a RI General Law stating that any individual who performs massage therapy services is to be licensed. What this represents is a zoning amendment consistent with the RI General Law. The problem that has existed statewide has been the establishments have engaged in illegal activities involving individuals who are not licensed. It also has a prosecutorial aspect, if an establishment engages in this activity and involves a person who is not licensed then they can be prosecuted and fined. This is a direct and effective way of dealing with this issue.
A motion is made to approve by Councilwoman Perry, seconded by Councilman DiTraglia and on a roll call vote it is unanimous.
10. The following ordinance pertains to the City of East Providence 2009-2010 Proposed Budget.
A motion is made to dispense with the reading of the ordinance by Councilwoman Perry, seconded by Councilman Cusack and it is unanimous.
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
CITY OF EAST PROVIDENCE
AN ORDINANCE APPROPRIATING $142,454,032 FOR
THE SUPPORT OF THE CITY GOVERNMENT FOR THE
FISCAL YEAR ENDING OCTOBER 31, 2010
THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:
SECTION I. The receipts for the fiscal year ending October 31, 2010 have been established to amount to $142,454,032 made up as follows:
| RECEIPTS | |
| Beginning Balance | $2,777,200.00 |
| General Property Tax | $82,363,975.00 |
| Licenses and Permits | $1,099,000.00 |
| Rescue Fee Transfer | $800,000.00 |
| Vehicle Detail Fee Transfer | $350,000.00 |
| Recycling Transfer | $95,000.00 |
| Fines, Forfeits, Penalties | $46,000.00 |
| Revenue from Use of Money & Property | $50,000.00 |
| Revenue from Other Agencies | $7,521,300.00 |
| Charges for Current Services | $672,492.00 |
| Revenue from City Agencies | $210,000.00 |
| Revenue Water Department | $8,178,786.00 |
| Revenue Wastewater Department | |
| Sewer Use Charge | $7,098,477.00 |
| Other Revenue | $802,000.00 |
| Revenue School Department | |
| Local Sources | $3,690,000.00 |
| State Sources | $26,699,802.00 |
| TOTAL RECEIPTS | $142,454,032.00 |
SECTION II. To defray the expenses of the City of East Providence for the fiscal year commencing November 1, 2009 and ending October 31, 2010, 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 $75,751,592 for the support of the public schools for the City of East Providence fiscal year 2009-2010, shall be increased or decreased to conform with the actual amounts received from such sources during the fiscal year 2009-2010 except the City appropriation of property tax.
| REVENUE-SCHOOL DEPARTMENT | |
| Local Sources | $3,690,000.00 |
| State Sources | $26,699,802.00 |
| City Appropriation of Property Tax | $44,861,790.00 |
| R.I. Meals Tax Designated for Deficit Reduction | $500,000.00 |
| TOTAL | $75,751,592.00 |
SECTION V. The purpose of this ordinance is to adopt the Budget for the fiscal year 2009-2010 which begins November 1, 2009 and ends October 31, 2010 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.
SECTION VI. This ordinance shall take effect upon its passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
| LEGISLATIVE, JUDICIAL AND GENERAL ADMINISTRATIVE ACTIVITIES | |
| CITY COUNCIL | |
| Personnel Services & Fringe Benefits | 59,365.00 |
| Supply and Service | 11,300.00 |
| | 70,665.00 |
| CITY MANAGER | |
| Personnel Services & Fringe Benefits | 304,872.00 |
| Supply and Service | 30,945.00 |
| Equipment and Capital Outlay | 1,500.00 |
| | 337,317.00 |
| SENIOR CENTER | |
| Personnel Services & Fringe Benefits | 364,652.00 |
| Supply and Service | 25,300.00 |
| Equipment and Capital Outlay | 400.00 |
| | 390,352.00 |
| INFORMATION TECHNOLOGY | |
| Personnel Services & Fringe Benefits | 282,728.00 |
| Supply and Service | 136,604.00 |
| Equipment & Capital Outlay | 50,000.00 |
| | 469,332.00 |
| CITY CLERK | |
| Personnel Services & Fringe Benefits | 491,245.00 |
| Supply and Service | 129,500.00 |
| Equipment & Capital Outlay | 500.00 |
| | 621,245.00 |
| FINANCE-DIRECTOR | |
| Personnel Services and Fringe Benefits | 153,824.00 |
| Supply and Service | 2,000.00 |
| | 155,824.00 |
| FINANCE-CONTROL AND ACCOUNTS | |
| Personnel Services and Fringe Benefits | 322,672.00 |
| Supply and Service | 5,425.00 |
| | 328,097.00 |
| FINANCE-TREASURY-MIS | |
| Personnel Services and Fringe Benefits | 92,273.00 |
| Supply and Service | 55,100.00 |
| | 148,373.00 |
| FINANCE-TREASURY DIVISION | |
| Personnel Services and Fringe Benefits | 566,080.00 |
| Supply and Service | 53,394.00 |
| Equipment and Capital Outlay | 4,200.00 |
| | 623,674.00 |
| FINANCE-PURCHASING DIVISION | |
| Personnel Services & Fringe Benefits | 171,965.00 |
| Supply and Service | 19,527.00 |
| Equipment and Capital Outlay | 500.00 |
| | 191,992.00 |
| FINANCE-ASSESSMENT DIVISION | |
| Personnel Services and Fringe Benefits | 701,172.00 |
| Supply and Service | 9,850.00 |
| Equipment and Capital Outlay | 600.00 |
| | 711,622.00 |
| PLANNING | |
| Personnel Services and Fringe Benefits | 596,922.00 |
| Supply and Service | 18,850.00 |
| Equipment and Capital Outlay | 500.00 |
| | 616,272.00 |
| HUMAN RESOURCES & SERVICE-PERSONNEL & E.M. | |
| Personnel Services and Fringe Benefits | 440,733.00 |
| Supply and Service | 17,960.00 |
| Equipment and Capital Outlay | 500.00 |
| | 459,193.00 |
| HUMAN RESOURCES & SERVICE-AFFIRMATIVE ACTION | |
| Personnel Services and Fringe Benefits | 101,358.00 |
| Supply and Service | 6,300.00 |
| Equipment and Capital Outlay | 500.00 |
| | 108,158.00 |
| LAW DEPARTMENT | |
| Personnel Services and Fringe Benefits | 392,629.00 |
| Supply and Service | 8,350.00 |
| Equipment and Capital Outlay | 1,000.00 |
| | 401,979.00 |
| CANVASSING AUTHORITY | |
| Personnel Services and Fringe Benefits | 178,912.00 |
| Supply and Service | 17,889.00 |
| | 196,801.00 |
| PUBLIC LIBRARIES | |
| Personnel Services and Fringe Benefits | 1,473,980.00 |
| Supply and Service | 130,400.00 |
| Equipment and Capital Outlay | 2,000.00 |
| Debt Service | 224,146.00 |
| | 1,830,526.00 |
| PUBLIC SAFETY-POLICE | |
| Personnel Services and Fringe Benefits | 10,481,934.00 |
| Supply and Service | 1,034,329.00 |
| Equipment and Capital Outlay | 25,000.00 |
| | 11,541,263.00 |
| PUBLIC SAFETY-FIRE | |
| Personnel Services and Fringe Benefits | 11,075,336.00 |
| Supply and Service | 777,075.00 |
| Equipment and Capital Outlay | 52,000.00 |
| | 11,904,411.00 |
| PUBLIC WORKS-ANIMAL SHELTER | |
| Personnel Services and Fringe Benefits | 250,372.00 |
| Supply and Service | 87,300.00 |
| | 337,672.00 |
| PUBLIC WORKS-BUILDINGS DIVISION | |
| Personnel Services and Fringe Benefits | 656,775.00 |
| Supply and Service | 614,291.00 |
| Equipment and Capital Outlay | 1,500.00 |
| | 1,272,566.00 |
| PUBLIC WORKS-BUILDING INSPECTION | |
| Personnel Services and Fringe Benefits | 656,508.00 |
| Supply and Service | 62,700.00 |
| Equipment and Capital Outlay | 17,200.00 |
| | 736,408.00 |
| PUBLIC WORKS-DIRECTOR | |
| Personnel Services and Fringe Benefits | 211,658.00 |
| Supply and Service | 2,575.00 |
| | 214,233.00 |
| PUBLIC WORKS-ENGINEERING | |
| Personnel Services and Fringe Benefits | 642,700.00 |
| Supply and Service | 22,714.00 |
| Equipment and Capital Outlay | 4,950.00 |
| | 670,364.00 |
| PUBLIC WORKS-HIGHWAY | |
| Personnel Services and Fringe Benefits | 2,367,886.00 |
| Supply and Service | 539,993.00 |
| Equipment and Capital Outlay | 25,000.00 |
| | 2,932,879.00 |
| PUBLIC WORKS-CENTRAL GARAGE | |
| Personnel Services and Fringe Benefits | 718,270.00 |
| Supply and Service | 79,775.00 |
| Equipment and Capital Outlay | 1,700.00 |
| | 799,745.00 |
| PUBLIC WORKS-STREET LIGHTS | |
| Supply and Service | 625,000.00 |
| PUBLIC WORKS-WASTEWATER FACILITIES PLANT | |
| Personnel Services and Fringe Benefits | 1,758,376.00 |
| Supply and Service | 1,678,206.00 |
| Debt Service | 199,639.00 |
| Equipment and Capital Outlay | 925,000.00 |
| | 4,561,221.00 |
| PUBLIC WORKS-WASTEWATER FACILITIES-COLLECTION | |
| Personnel Services and Fringe Benefits | 144,982.00 |
| Supply and Service | 2,870,722.00 |
| Debt Service | 323,552.00 |
| | 3,339,256.00 |
| PUBLIC WORKS-REFUSE DISPOSAL | |
| Personnel Services and Fringe Benefits | 2,720,774.00 |
| Supply and Service | 30,925.00 |
| | 2,751,699.00 |
| PUBLIC WORKS-WATER | |
| Personnel Services and Fringe Benefits | 2,165,849.00 |
| Supply and Service | 3,575,437.00 |
| Equipment and Capital Outlay | 2,337,500.00 |
| Debt Service | 100,000.00 |
| | 8,178,786.00 |
| RECREATION | |
| Personnel Services and Fringe Benefits | 633,540.00 |
| Supply and Service | 127,750.00 |
| Debt Service | 12,000.00 |
| Equipment and Capital Outlay | 49,867.00 |
| | 823,157.00 |
| RECREATION-PARKS | |
| Personnel Services and Fringe Benefits | 1,034,989.00 |
| Supply and Service | 212,957.00 |
| Equipment and Capital Outlay | 20,000.00 |
| | 1,267,946.00 |
| MISCELLANEOUS | |
| Retiree Benefits | 1,647,012.00 |
| Interest on Tax Notes | 485,000.00 |
| General Audit | 30,000.00 |
| Judgment & Claims | 100,000.00 |
| Mental Health | 60,000.00 |
| Bond Principal | 681,500.00 |
| Bond Interest | 428,872.00 |
| Insurance (Public Liability) | 675,000.00 |
| Unemployment Compensation | 345,000.00 |
| Professional Services | 200,000.00 |
| Membership Fees | 22,000.00 |
| Computer Lease Purchase | 60,000.00 |
| Self-Help | 30,000.00 |
| Master Lease | 252,479.00 |
| Capital Equipment | 50,000.00 |
| Minimum Standards | 60,000.00 |
| Other Miscellaneous | 22,700.00 |
| | 5,149,563.00 |
| CONTINGENCY FUND | 30,000.00 |
| DEBT SERVICE FUND | 1,904,849.00 |
| SCHOOL FUND | 75,251,592.00 |
| SCHOOL DEFICIT FUND | 500,000.00 |
Mayor Larisa stated the City will not be closing the Recreation Center or Pierce Field and will restore ½ of the budget to the Libraries slated to be closed and restore one Planning Department position then added that there were many cuts in this budget not because the City Manager wanted to but because the revenue has decreased and the City cannot spend money that is not there. The one tool there is would be to increase taxes. Director McDonald will explain that the City received $3 million less to spend this year. The General Assembly did not give us the authority to lift mandates that would have saved us money. 75% of City spending is personnel and benefits and there is no way around that as the City is a service driven operation. We will not have a double digit tax increase like other communities. The proposal is to stick with the 3.5% tax cap. The City is still short about $200,000. The Council has heard loud and clear regarding the Recreation Center, Pierce Field and the Libraries. We didn’t just come up with the money to save these we took some of the monies from the Schools in order to restore the Recreation Center, Pierce Field and half of the Libraries budget.
Councilman Cusack made comments supporting the proposal and asked for a sense of the Council. The City Manager explained where in the process the renovations are at the Weaver Library and those staff will be sent out to the other libraries and no proposed cuts would even begin until the main branch was reopened. Councilwoman Perry supported the proposal and stating as Councilman Cusack did regarding the calls and contact from people who did not want to see these items cut. Councilman Coogan agreed with keeping Pierce Field open and stated he felt that the cutting in the budget by the City Manager was reckless. He added the cuts in the Police and Fire Department work hard to save lives and although the City has to make cuts we have to think about the safety of the City. Councilman Coogan felt as though there were many raises given out $3,000-$4,000 and there are places to cut. Councilman DiTraglia agreed that the Recreation Center needs to remain open, as well as Pierce Field and mentioned that he too had received many phone calls. He added that he didn’t think the person who put the budget together took any time to go into the areas to see what they really mean to the City. Councilman DiTraglia added that the State is killing the City and Towns and putting pressure on them to raise taxes. We do not have the money, its reality and the money is not there, not due to the City but due to the State.
A five minute recess is called.
City Manager Richard Brown made a few clarifying points, whether one agrees or disagrees with the budget, the recommendations made stemmed from a $2.5 million reduction in State revenue. Before the budget even made it to the printer we were told there would be a possible loss of another$1.6 million. The increases that have been discussed for salaries in the budget are part of contracts that are already in effect. There have been discussions on trying to negotiate some of those away. There was no recommendation to close down Pierce Field.
Testimony on the Budget is heard:
Gert DiQuinzio from Riverside in the course of a year, you have one full year to balance the budget and instead we come down to the last minute to decide. Perhaps you could save money $635,000 on street lights, turn off every third light. Take $5,000 from each department it equals $170,000. Department heads can take a cut. What does miscellaneous mean? 3.5% adds up to 10% when you multiply it by 3 years. Keep the police and fire here and keep our taxes none.
Director McDonald came up and explained debt service, miscellaneous and other items Ms. DiQuinzio had questions on. Solicitor Briden spoke about outside legal services and how that is a normal occurrence that happens in municipal government when the need arises to hire an outside attorney who specializes in a particular area.
Ana Moniz John spoke to the Council thanking them for deciding to keep the Recreation Center and Pierce Field open. She asked Council not to forget that when things get thick and they need to find cuts. There is no other place for youth to go and we need more not less.
Edmond J. Clay from Achushman Avenue asked about the debt service, the bond principal and the bond interest. Finance Director McDonald explained items, explaining the miscellaneous versus the rest of the departments. He noted a page which contained the entire debt service, which is $3.6 million. The master lease is made up of many items that the City instead of buying because they cannot pay all at one time use leases, trucks, cars etc…
Joe Paola closing the recreation center is ridiculous. If that disappears and you are also taking away police officers and the kids go out and get in trouble you don’t have the police officers to help. It’s a cycle. On Veterans Memorial Parkway there was pothole which sat there for3-4 months. I paid the damages to my car myself. As I understand now those damages can be paid for by the City when people submit claims. If we took better care of the roads in the first place the City would not have to pay out all those claims. Mayor Larisa let him know that the City does not pay for potholes, if the City is notified they go out and fix it, if there was notice of it and the City didn’t fix it then they would pay the damage. He added that for repairing the roads the City has a $3 million dollar road bond of which $1 million has been issued the City can’t afford to do the second and third phase without increasing taxes past the cap.
Tom Riley, from the Board of Canvassers, spoke regarding the proposed cuts to the Canvassing Office asking the Council to reconsider the $60,000 in cuts in the budget which he concludes equals one full time position and stated they can’t run an election with one less person and can’t cut $60,000 from the budget and still get the election mailings out. The City Manager let them know it’s up to the board as to how they cut the $60,000. Mayor Larisa stated that cut will not be rescinded maybe it could be lowered a little but not rescinded.
Tammy Costa from FACT Family Activity Center Today spoke and thanked the Council for keeping the Recreation Center and Pierce Field open and spoke regarding the need for more recreation activities and a new center. She also added that FACT is a non-profit for the purposes of raising money for a new center.
Christine Rossi spoke regarding the proposed cuts and passed out a packet which highlighted other possible areas of savings so that the Recreation Center and Libraries could remain open as well as ways for the City to gain more funds for programs. Her packet was submitted as background to this testimony.
Detective Corporal John Rossi spoke regarding a request to the Council not to eliminate 13 police officers from the force and the need to keep the officers on to keep crime down. He also agreed with Councilman Cusack regarding keeping the communications open for negotiation that he too feels they are not that far apart to come up with savings to keep the officers on duty. The City Manager reiterated that as of Friday the officers would be laid off if the savings could not be reached.
A motion to approve the budget with the following changes Recreation to be increased $240,585, Planning 1 Position $73,652, Library 2 positions $122,467 for advertisement for next regularly scheduled Council meeting is made by Councilwoman Perry, seconded by Councilman Cusack and on a roll call vote it is unanimous.
VII. NEW BUSINESS
11. City Managers Report
A. Direct Energy Services, LLC Natural Gas Sales Agreement.
This is a request to enter into an agreement which is a Natural Gas Sales Agreement which is a consortium run by the RI Association of School Committees and functions in the same way as the LEAP program for electrical energy which we do with the League of Cities and Towns. By entering into this agreement the City will immediately start saving money on the natural gas rates. This is a 3 year agreement. Councilman Cusack had concerns about why the City couldn’t just lock in at the low rate now. Director Steve Coutu explained they have recommended a one year agreement at this time because of the fluctuation in the rates now which are low. Councilman Cusack and Mayor Larisa both asked to learn more about it first.
A motion is made to defer this item to the next docket by Councilman DiTraglia, seconded by Councilman Cusack and it is unanimous.
B. Statisical Revaluation Vision Appraisal.
This is a request to approve a Statistical Revaluation contract with Vision Appraisal for $261,100. Director Jim McDonald spoke and added in part this is reimbursed from the State 80%. $52,222 is the net cost to the City. The other competitor submitted a bid for the appraisal but they were going to have to use Vision Software and then you can end up with a finger pointing problem and the cost difference was very small.
A motion is made to approve by Councilman Cusack, seconded by Councilwoman Perry, Councilman Coogan votes nay and the motion passes.
12. Reports From Other City Officials
A. Claims Committee (By City Solicitor James Briden)
FRANCISCO MORALES $100,000.00
RM No. 09-078, Claim No. 09-042
Claim for personal injuries sustained when the claimant was riding his bicycle on the bike path when he tripped over a piece of concrete protruding from the ground. Recommend referral to insurance carrier.
Motion: Refer the claim to the insurance carrier.
RIVERSIDE POST HOLDING COMPANY $6,118.27
RM No. 09-073, Claim No. 09-040
Claim for reimbursement of funds accepted by the City as part of a textile recycling program. Recommend referral to insurance carrier.
Motion: Refer the claim to the Law Department.
NICOLAS VALLETTA $140,248.99
RM No. 08-114, Claim No. 09-041
Claim for personal injuries sustained as a result of a police officer directing him to enter a crosswalk when it was allegedly unsafe to do so. Recommend referral to insurance carrier.
Motion: Refer the claim to the insurance carrier.
EVAN ZOLLO $400,000.00
RM No. 07-086, Claim No. 09-043
Claim for personal injuries sustained while enrolled in an after school day care program administered by the Newman YMCA under contract with the City. Recommend referral to insurance carrier.
Motion: Refer the claim to the Law Department.
A motion is made to accept the Claims Committee report by Councilman DiTraglia, seconded by Councilwoman Perry and it is unanimous.
A motion is made to seal the Claims Committee minutes by Councilman DiTraglia, seconded by Councilwoman Perry and on a roll call vote it is unanimous.
E. Council Members
1. “The Truth on Police Union Demands” (by Mayor Larisa)
Mayor Larisa stated this topic was already covered in previous discussions tonight.
F. Resolutions
1. Resolution Opposing Binding Arbitration
State of Rhode Island and Providence Plantations
City of East Providence
RESOLUTION OPPOSING AS DEVASTATING TO EAST PROVIDENCE ANY BINDING ARBITRATION BILL FOR TEACHERS
WHEREAS, the City of East Providence is presently suffering through the loss of over $3 million in State aid for FY2010 and no increase in State aid for our schools; and
WHEREAS, due to this loss of State aid, even with a 3.5% tax increase the City will have approximately $161,000 less in available funds to allocate in FY2010 than it did in FY2009; and
WHEREAS, the City is in the worst financial distress in its 50 year history; and
WHEREAS, East Providence residents are also suffering through the recession, many without jobs or health care; and
WHEREAS, binding arbitration on wages and benefits would cost East Providence taxpayers millions of dollars (and a permanent double digit tax increase) that they cannot afford; and
WHEREAS, the City Council is on record as supporting municipal bankruptcy to reduce employee salaries and benefits rather than impose such a draconian tax burden on our hard hit taxpayers in this economy; and
WHEREAS, a nonbinding arbitration award one year ago on salaries and wages awarded millions of dollars a year to East Providence teachers that taxpayers could not remotely afford; and
WHEREAS, the East Providence legislative delegation has refused to support publically any of the cost saving measures put in place by the City or School Department; and
WHEREAS, said delegation has also refused to support publically any of the cost saving legislative proposals put forth by the Council and the League of Cities and Towns, including a minimum 25% co-pay for all municipal employees and an end to minimum manning, that would have saved East Providence taxpayers millions each year; and
WHEREAS, binding wage arbitration for teachers is opposed in the strongest possible terms by both the City Council and the School Committee of the City of East Providence; and
WHEREAS, said bill would prevent the very just and reasonable cost saving measures properly put in place by the School Committee to save millions of taxpayer dollars for East Providence children and taxpayers;
NOW THEREFORE BE IT RESOLVED THAT:
The East Providence City Council respectfully requests its delegation and the Rhode Island General Assembly to reject any and all binding arbitration legislation currently being considered for teacher contracts;
AND BE IT FURTHER RESOLVED:
That a copy of this resolution be forwarded to the East Providence legislative delegation, the entire General Assembly, every City and Town Council and School Committee and the Governor.
Mayor Larisa stated that East Providence is the 19th or 20th City or Town opposing this. There was already a non-binding arbitration that would have cost the City millions of dollars. This would un-due the great efforts of our School Committee to save the tax payers of the East Providence $3.2 million every year which is necessary now more than ever.
Councilman DiTraglia asked if this was just for the Teacher’s Union and not the other unions and the Mayor responded yes the other unions already have binding arbitration for wage.
A motion to approve is made by Councilman Cusack, seconded by Councilman DiTraglia and on a roll call vote it is unanimous.
G. Introduction of Ordinances
A motion is made to defer the next three ordinances to the October 20, 2009 Council Meeting by Councilman DiTraglia, seconded by Councilwoman Perry and it is unanimous.
1. This ordinance authorizes the Director of Finance to borrow during the fiscal year ending October 31, 2010 money in anticipation of the sewer use fee revenue.
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
CITY OF EAST PROVIDENCE
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, 2010 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
2. This ordinance authorizes the Director of Finance to borrow during the fiscal year ending October 31, 2010 money in anticipation of the property taxes.
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
CITY OF EAST PROVIDENCE
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, 2010 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
3. The following ordinance pertains to 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.
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
CITY OF EAST PROVIDENCE
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-eight Million Two Hundred Twenty-one Thousand ($88,221,000) Dollars nor less than Eighty-seven Million One Hundred Twenty-one Thousand ($87,121,000) 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, 2009 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, 2010 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 2010 and the 1st day of July, 2010 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, 2010, 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, 2010 shall carry until collected a penalty at the rate of twelve per centum (12%) per annum from the 1st day of June, 2010 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, 2010, the second installment of twenty-five per centum (25%) on or before the 1st day of September, 2010, the third installment of twenty-five per centum (25%) on or before the 1st day of December, 2010 and the fourth installment of twenty-five per centum (25%) on or before the 1st day of March, 2011.
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 1st day of July, 2010 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, 2011 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.
H. Communications
1. Christine Rossi, 29 Woodbine Street (02915) requesting to address the Council regarding 2009/2010 budget and closing of Recreation Center referencing budget line items, Recreation Center services and to point out potential savings.
Spoke as part of Public Hearing on Budget.
2. Tammy Costa, 9 Wallis Avenue, Barrington requesting to speak to the Council regarding the proposed budget and proposed closing of the Recreation Center. Ms. Costa is President of FACT (Family Activity Center Today).
Spoke as part of Public Hearing on the Budget.
3. Shirley Winter, 19 Griffith Drive (02915) speaking for Riverside Youth Football and Cheerleading, requesting to address the Council regarding plans to close the Recreation Center and Pierce Field.
Ms. Winter did not come forward to speak as the issue of leaving the Recreation Center was already resolved earlier in the meeting.
4. Onna Moniz-John and Johnathan, 149 Anthony Street (02914) requesting to address the Council regarding the plans to close the Recreation Center referencing need for programs for youth in the City and increasing the hours of availability.
Spoke as part of the Public Hearing on the Budget.
5. John J. Rossi, 29 Woodbine Street (02915) requesting to address the Council concerning the impact of layoffs of 13 police positions and how services will be impacted along with the financial costs. Additionally, an update on Judge Silverstein’s recent ruling and the IBPO win in Superior Court for the Chief of Police position.
Spoke as part of the Public Hearing on the Budget.
I. Adjournment 12:07a.m.
A motion to adjourn is made by Councilman DiTraglia, seconded by Councilman Cusack and it is unanimous.
Approved by Council: November 17, 2009
Attest: __________
City Clerk