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| CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING Tuesday, November 15, 2011 6:45pm Executive Session 7:30 PM Regular Council Meeting |
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I. Executive Session
The City Council of the City of East Providence will meet in Executive Session pursuant to RI General Laws § 42-46-5 (a) (2)
A. Claims and Litigation
Pursuant to R.I.G.L. § 42-46-5(a)(2)
1. Claims & Litigation Docket 11/15/11
Kimberly M. Goncalves
Henrique G. Janeiro
Mary Noel Mahler
Allison M. Weygand
II. Regular Meeting
III. Call to Order
| Attendee Name | Title | Status | Arrived |
| William Conley Jr | Councilman | Present | |
| Michael DiGioia | Councilman | Present | |
| Katie Kleyla | Councilwoman | Present | |
| Thomas Rose Jr. | Assistant Mayor | Present | |
| Bruce Rogers | Mayor | Present | |
IV. Invocation
V. Salute to the Flag
VI. CONSENT CALENDAR
All items under “CONSENT CALENDAR” are considered to be of a routine and noncontroversial nature by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council member so requests, in which event, the item will be removed from the “CONSENT CALENDAR” and will be considered in its normal sequence on the docket.
A. Letters
1. Resolution from the North Smithfield School Committee in Support of Pension Reform.
2. Resolution from the Exeter-West Greenwich Regional School District in Support of Pension Reform.
3. Resolution from the Jamestown Town Council in Support of Pension Reform.
4. Exeter Town Council Letter Opposing H5554 Sub A and S0533 Regarding Definitions of Buildable Land.
5. Coastal Resources Management Council Cease and Desist Order, Peter Pollino, 45 Carousel Drive (02915)
6. Coastal Resources Management Council November 2011 Calendar.
B. Licenses
1. Transfer Vict Not Over 25 from Javed, Qaiser dba East Bay Food Mart to Javed LLC dba East Bay Food Mart.
2. Transfer Holiday Sales from Javed, Qaiser dba East Bay Food Mart to Javed LLC dba East Bay Food Mart.
3. Class F Friends of Mike Palumbo Fundraiser, St. Brendan’s School, November 5, 2011, Julie Silva, 31 Lottie Drive (02915)
C. Council Journals
1. Joint Meeting of the City Council and School Committee Meeting March 21, 2011
2. Regular Council Meeting October 4, 2011
3. Executive Session October 18, 2011
4. Request by Mayor Rogers to move Proclamations and Presentations up on the docket, there is no objection.
VII. Proclamations & Presentations
1. Proclamation Daniel Botelho
Mayor Rogers requested this item be deferred to the next Council meeting.
2. 2011 Beautification Awards
VIII. Public Comment
1. Darlene Simmons - Recreation Center
2. Tony Gouveia - Deficit Plan
3. Alyce Cook Arden - Recreation Center Thank You
4. Joe Tavares - Opinion
5. Joseph Silveira, Jr. - Senior Center
6. Bill Kennedy - Opinion
7. Cecile Martin - Opinion
8. Robert McManus - United Skates Roller-skating Rink
9. Patrick R. Penta - Recreation Center/Seniors
10. Tom Riley - So Called Deficit Numbers
IX. Appointments
1. Traffic Control by Councilman Conley and Councilwoman Kleyla
Russell Spaight, 61 Pleasant Street (02916)
RESULT: ADOPTED [UNANIMOUS]
MOVER: William Conley Jr, Councilman
SECONDER: Katie Kleyla, Councilwoman
AYES: Conley Jr, DiGioia, Kleyla, Rose Jr., Rogers
X. Public Hearings
1. Show Cause Hearing EB Dragon, LLC dba East Buffet, 52 Narragansett Park Drive (02916), Wendy Lin
Sgt Andrews testified and recommended $1,000.00 and suspension of Liquor License until 12/1/11 giving the owner time to have all employees TIPS certified. EPPC will assist them in arranging the proper training as many of the employees will need an interpreter.
RESULT: ADOPTED [UNANIMOUS]
MOVER: William Conley Jr, Councilman
SECONDER: Katie Kleyla, Councilwoman
AYES: Conley Jr, DiGioia, Kleyla, Rose Jr., Rogers
2. Show Cause Hearing St. Angelo’s Inc. dba St. Angelo’s, 1235 Wampanoag Trail (02915), Michael St. Angelo
Sgt Andrews testified and asked for the first offense fine.
RESULT: ADOPTED [UNANIMOUS]
MOVER: William Conley Jr, Councilman
SECONDER: Michael DiGioia, Councilman
AYES: Conley Jr, DiGioia, Kleyla, Rose Jr., Rogers
3. Show Cause Hearing Mruga Patel, Cozy Corporation dba Brookfield Liquors, 470 North Broadway (02914)
Sgt Andrews testified and asked for the first offense fine.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Katie Kleyla, Councilwoman
SECONDER: Michael DiGioia, Councilman
AYES: Conley Jr, DiGioia, Kleyla, Rose Jr., Rogers
4. Show Cause Hearing Comedy Connection of RI Inc., dba Comedy Connection, 39 Warren Avenue (02914), Bill Blumenreich
Sgt Andrews testified and asked for the first offense fine.
Corey Roseford who is the General Manager testified.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Michael DiGioia, Councilman
SECONDER: Katie Kleyla, Councilwoman
AYES: Conley Jr, DiGioia, Kleyla, Rose Jr., Rogers
XI. New Business
A. City Manager's Report (by City Manager Peter Graczykowski)
1. CBE/Cisco Phone Contract
The City Manager reported that the phone contract was further reviewed and that the savings achieved will be $30,000 per year for a 3 year contract for a total of $90,000 in savings most of which derives from the switch in the carrier.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Katie Kleyla, Councilwoman
SECONDER: William Conley Jr, Councilman
AYES: Conley Jr, DiGioia, Kleyla, Rose Jr., Rogers
2. SAFER Grant Update
The City Manager reported that he and the Finance Director reviewed the numbers again. After going over the analysis, it was correct but based on the fact that we would be hiring additional staff which we can't afford to do. If we get down to 5 new hirs in the grant then we would probably recommend acceptance. I had instructed the Chief to look into this with the feds but the response was that we would not qualify for that number it's the higher number or nothing. Based on that fact I cannot recommend acceptance of the grant.
3. White Avenue ROW Update
4. Acceptance of Land Donation at the Corner of Council Way and Almeida Avenue
On discussion Councilman Conley raised concerns regarding the fact that the Planning Board had not yet reviewed the land donation and it was important to follow the proper procedure before Council gave approval. He asked that the item be deferred until the Planning Board ruled and sent the item to Council for approval.
Following the discussion it was decided that the item would be approved pending the Planning Board's review and acceptance and that the deed could not be filed until the item was approved by the Planning Board.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Thomas Rose Jr., Assistant Mayor
SECONDER: Katie Kleyla, Councilwoman
AYES: Conley Jr, DiGioia, Kleyla, Rose Jr., Rogers
5. Budget Deficit Reduction
The City Manager provides a power point presentation regarding his proposed cuts to achieve the budget deficit elimination.
The City Manager states we have made significant strides. We have gone from $7.3 million to $3.2 million with further cuts to be presented this evening. But this is not enough. The State has chosen the first step to come into East Providence with an Overseer. This is a layer of oversight which will begin in East Providence. The Overseer will work with the City on items totaling more than $25,000.
The City Manager introduced Major Steven Bannon.
Major Bannon introduced himself and described what his duties would be. He stated he planned to be here for a short time and that the City Manager and the Finance Director were capable and that he is here simply in an advisory capacity. He added he will be here for 120 days and after that he will compile a report and make recommendations. He made clear that this was not the beginning of a State takeover. He also made clear that although he was a Major in the State Police he was here simply for his finance ability as a State employee and there was no criminal investigation going on.
The City Manager detailed his recommendations.
1. Potential extended contract with United Water approximately $1 million in revenue.
Councilman Conley stated that he would like to analyze this as he had concerns with the current contract and savings which may be achieved in the current contract and that the extended contract may be worth more than $1 million.
2. The 3 levels of supplemental tax increase.
3. Total elimination of the Recreation Center, Programs and staff and Senior Center, Programs and staff.
4. Utility Contract finalized for an additional revenue savings of over $200,000.
5. School items voted on at the last School Committee meeting, IT supplies and reduction of force.
6. Additional item to be discussed at next School Committee meeting of textbook and instructional materials cut.
Councilman Conley spoke asking the City Manager if he could instead look at a 3%-4% cut across the board for all departments rather than the complete elimination of two departments and their programs.
Testifying Against cuts to the Recreation Center and Senior Center:
1. Miguel Martinez, 103 Central Avenue
2. Erika Wood, 94 Lakeside Street
3. Barbara Connors
Councilman DiGioia spoke stating that he understands why the City Manager has to make these proposals to cut these programs however he can't imagine any appetite on this Council for these types of cuts. He welcomes Major Bannon but is embarrassed. This elimination is unacceptable and the State didn't need to come in if the School Committee budget deficit was addressed. There is money to be found to solve this.
Mayor Rogers asks those who want to go on the record against the cuts to the Recreation and Senior departments and programs to come to the podium.
1. Tom Riley
2. Joseph Sylveira
3. Bob Rock, Director of the Senior Center
4. Antina Duarte, 95 Taylor Drive
5. Ann Marie DeLuca, 16 Pinehurst Road
6. Alice Martin, 1 Newman Avenue
7. Ellen Goodman, 117 Warren Avenue
Councilman Conley asked the City Manager if we are looking at a plan to give to the State for long term budget changes, as that is what the State is looking for not just cuts now.
The City Manager states yes it is a two part problem.
Councilman Conley stated that the Deficit Elimination Committee was working on the 5 year plan before. Before this can move forward, as the City Manager stated you have to have a way to pay back a deficit reduction loan. We have to have sound fiscal practices and a 5 year plan. Moody has put us on the watch list again and we are on the precipice of another downgrade.
The City Manager stated that is correct that by the State coming in to help us their presence also hurts us in the eyes of the bond rating companies. Along with the State we contacted the bond companies to reassure them.
The Mayor requested the Clerk place on the next Council Docket every Council person's name and have them bring proposals for budget cuts.
B. Reports of Other City Officials
1. School Committee Update by School Committee Liaison Chrissy Rossi
Ms. Rossi updates residents on School Committee activities. They are meeting with RIDE this week. They are looking at different ways to look for cost savings. They are trying to mitigate the damage to the kids. We still have crumbling buildings. If we do not complete the bonds we'll lose the match from the State and be on the hook for $6 million ourselves.
The High School is being tormented by the Health Department for 10 years of the City ignoring the clean-up of the asbestos. The State Fire Marshall is pushing the life safety package which must be completed. We are awaiting ratification of the Teacher Contract by the City Manager and the Council.
The School's Finance Director, Mary King, is filling in the 5 year projections. For this year we don't have much in actual savings because layoffs can't take place until March and special education can't be changed until September so our choices are limited. We are very heavily regulated and we have to adjust within those regulations.
Councilman DiGioia asked what other proposals they are looking at.
Ms. Rossi stated $200,000 in text books and educational supplies. We are not optimistic to locate $3 million in cuts this year, in the coming years yes but not in this one. Yes, we are looking to the Council to fund this year.
Councilman DiGioia stated that the State is here because of the Rossi plan of action which was a political ploy. He asked about payments to vendors and Bradley Hospital in particular.
The City Manager stated that the vendors are being addressed with the School Department and Major Bannon and that they have reached a preliminary agreement and they will look to the State in context of a 5 year plan for this.
2. Handicap Parking Sign 58 Mary Avenue
RESULT: ADOPTED [UNANIMOUS]
MOVER: Katie Kleyla, Councilwoman
SECONDER: Thomas Rose Jr., Assistant Mayor
AYES: Conley Jr, DiGioia, Kleyla, Rose Jr., Rogers
3. Motion to Accept the Claims Committee Report
RESULT: APPROVED [UNANIMOUS]
MOVER: Thomas Rose Jr., Assistant Mayor
SECONDER: Katie Kleyla, Councilwoman
AYES: Conley Jr, DiGioia, Kleyla, Rose Jr., Rogers
Pursuant to R.I.G.L. § 42-46-5(a)(2), a motion is made by Councilwoman Kleyla and seconded by Councilman Rose to convene in closed session for the purposes of discussing claims & litigation. Upon a roll call vote: Mayor Rogers - Aye, Councilman Conley -- Aye, Councilman DiGioia - Aye, Councilwoman Kleyla - Aye, Councilman Rose - Aye, the motion is approved 5-0.
EAST PROVIDENCE CLAIMS COMMITTEE
CLAIMS & LITIGATION REPORT
TUESDAY, NOVEMBER 15, 2011; ROOM 101; 7:00 P.M.
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NEW CLAIMS
KIMBERLY M. GONCALVES $101.56
RM No. 11-076, Claim No. 11-053
Claim for reimbursement of expenses incurred for damage to vehicle that struck a pothole or utility/construction trench on Goldsmith Avenue. See recommendation of the Director of Public Works.
Motion by: Councilman Conley Seconded by: Councilman Rose
Motion: Refer the claim to the City’s contractor W. Walsh Company.
HENRIQUE G. JANEIRO $550.92
RM No. 11-075, Claim No. 11-056
Claim for reimbursement of expenses incurred for damage to vehicle that struck a pothole on Slocum Street. See recommendation of the Director of Public Works.
Motion by: Councilwoman Kleyla Seconded by: Councilman Rose
Motion: Deny the claim.
MARY NOEL MAHLER $294.28
RM No. 11-072, Claim No. 11-052
Claim for reimbursement of expenses incurred for damage to vehicle that struck a pothole or utility/construction trench on Sherman Avenue. See recommendation of the Director of Public Works.
Motion by: Councilman Rose Seconded by: Councilwoman Kleyla
Motion: Deny the claim.
ALLISON M. WEYGAND $498.00
RM No. 11-077, Claim No. 11-055
Claim for property damage sustained from a City tree that fell onto the claimant’s chain link fence and gate during tropical storm Irene. See recommendation of the Assistant Superintendent of Parks.
Motion by: Councilman Rose Seconded by: Councilwoman Kleyla
Motion: Deny the claim.
C. Council Members
1. Law Department
The Mayor asks that this item be referred to the City Manager for an extensive financial review of both the Law Department attorneys and staff inside and outside City Hall.
2. Thanksgiving Dinner at Pazi’s Place
The Mayor announced that Pazi's would be serving free Thanksgiving Dinners to those in need or those without relations to spend the Holiday with.
3.Bi-Weekly Update by Mayor Rogers
Mayor Rogers provided an update on the Orlo Avenue Playground Grant Contest, we moved from 30th place to 6th place nationally you can still vote until December 1st by website and email, so you can vote each way each day for two votes a day. The Mayor provided those details again.
4. Unauthorized Official Action by City Council Member
Councilman Conley stated that he had discussions with the City Manager prior to the meeting and he would like to withdraw this item from the docket.
D. Communications
1. Freddie Rybka, 9 Cozzens Avenue (02915) requesting to address the Council regarding the unknown.
Mr. Rybka stated the School Committee meetings are not accomplishing anything. They knew about this problem last March and they didn't lay off any teachers then. At the last meeting all they did was bash the City Council. They have 87% going to salaries, benefits and pensions.
2. Anthony Ferreira, 44 Brightridge Avenue (02914) requesting to address the Council regarding the budget.
Mr. Ferreira addressed Major Bannon and told him that there were blatant political agendas here and he was glad the Major was in EP. The School Committee gets even more exciting than the Council meetings. We are 9 months later and still looking at a deficit, carrying $6.2 million now and $10 million to come. These are the same real numbers we have been dealing with right along.
XII. Adjournment
1. Motion To: Adjourn
RESULT: APPROVED [UNANIMOUS]
MOVER: Katie Kleyla, Councilwoman
SECONDER: Thomas Rose Jr., Assistant Mayor
AYES: Conley Jr, DiGioia, Kleyla, Rose Jr., Rogers
Approved by Council: March 6, 2012