CITY OF EAST PROVIDENCE

RHODE ISLAND

JOURNAL OF REGULAR COUNCIL MEETING

Tuesday, November 29, 2011

6:45pm Executive Session

7:30 PM Regular Council Meeting

 

CITY OF EAST PROVIDENCE

RHODE ISLAND

JOURNAL OF REGULAR COUNCIL MEETING

Tuesday, November 29, 2011

6:45pm Executive Session

7:30 PM Regular Council Meeting

 

I.          Call to Order

II.         Salute to the Flag

III.        Approve the Consent Calendar

1.   Motion to approve the Consent Calendar

RESULT:          APPROVED [UNANIMOUS]

MOVER:           Katie Kleyla, Councilwoman

SECONDER:    Thomas Rose Jr., Assistant Mayor

AYES:               Conley Jr, DiGioia, Kleyla, Rose Jr., Rogers

 

 

2.   Public Comment

1. James Briden, 17 Hollow Ridge Road - TLA/Pond View

2. Rolland Grant, 126 Rice Avenue - City of East Providence Budget Problem

3. Anthony Ferreira, 44 Brightridge Avenue - Who enforces sidewalk snow removal ordinance?

4. Joseph Grace - Deficit

5. Tom Riley - Deficit

IV.        Proclamations and Presentations

Daniel Botelho by Mayor Rogers

Motion to defer to the 12/20/11 Council meeting.

V.         Appointments

A.       Beautification Committee Reappointment by Assistant Mayor Rose

Marie Gaglione, 6 Vineyard Avenue (02914)

1.   Motion to approve appointment.

RESULT:          APPROVED [UNANIMOUS]

MOVER:           Thomas Rose Jr., Assistant Mayor

SECONDER:    Katie Kleyla, Councilwoman

AYES:               Conley Jr, DiGioia, Kleyla, Rose Jr., Rogers

 

 

B.       Beautification Committee Reappointment by Councilman DiGioia

Anne O'Hara, 12 Rowena Drive (02915)

1.   Motion to approve the appointment.

RESULT:          APPROVED [UNANIMOUS]

MOVER:           Michael DiGioia, Councilman

SECONDER:    Katie Kleyla, Councilwoman

AYES:               Conley Jr, DiGioia, Kleyla, Rose Jr., Rogers

 

 

VI.        Licenses Requiring Public Hearing

A.       Dance/Entertainment

Chelo's of East Providence, Inc., 911 Warren Avenue (02914), Glen B. Chelo, 5 Stone Ridge Drive, N. Smithfield (02896)

Testimony: there will be a DJ and Karoke, maybe a guitar, no bands. 

1.   Motion to approve the license.

RESULT:          APPROVED [UNANIMOUS]

MOVER:           Katie Kleyla, Councilwoman

SECONDER:    William Conley Jr, Councilman

AYES:               Conley Jr, DiGioia, Kleyla, Rose Jr., Rogers

 

 

VII.       Public Hearing

RIDEM Recreation, Acquisition and Development Grant Program.  Public meeting to solicit comments from the public and request authorization from the City Council to submit three grant applications for Tranquility Place at Jones Pond, Silver Spring Playground and Mauran Avenue Playground.

1.   To approve the Grant Program Priorties.

RESULT:          APPROVED [UNANIMOUS]

MOVER:           Katie Kleyla, Councilwoman

SECONDER:    Michael DiGioia, Councilman

AYES:               Conley Jr, DiGioia, Kleyla, Rose Jr., Rogers

Planning Director Jeanne Boyle described the list of priorities as sent to DEM and given to Council.  This list was submitted for the record. 

Testifying:

1. Tom Riley

VIII.      City Managers Report

Legal Expenses - City and Schools

The Finance Department issued a report which Council has in their packets.  The three year run on the expenses from 2010 combined city and school was over $1 million and they remain in the same range for the last fiscal year and budgeted as such for this fiscal year.  I welcome any direction from the Council on further efficiencies. 

 

Sales Tax for Massachusetts Purchases

This issue was looked into by the Purchasing Agent. We purchase in Massachusetts due to the proximity.  Even though we lose on the tax exempt we gain on the travel to Home Depot etc...in other cities and towns. 

IX.        Budget Deficit Elimination Items

A.       Administration

The City Manager reported that in the Council packets there is an updated memo.  We have identified additional available funds from the fiscal year 2010 surplus.  We have $1.3 million available from the surplus.  This was higher than originally thought.  The savings from the MERS pension reform on the City and School side.  Both of these total over $1 million.  These can be realized because they were previously built into the budget.  Additional savings from the School Committee in reduction of textbooks is $150,000. However, we were not able to confirm the high deductable health plan savings from the School employees.  We are not giving up on this as on the city side we are still going to realize these savings.  We are meeting with the consultant on December 1st for both city and school health care.  The original deficit of $7.2 million has been reduced to $1.18 million. 

The City Manager passed out his host of additional options.  The auditor’s final report will be available by the next meeting of December 20.  The early indications from meeting with the auditors in reconciliation of the current fiscal year budget, there could be a turnover allowance.  Another area is host of recommendations before the School Committee.  My understanding is there will be additional savings from this we cannot quantify them just yet. 

Other options:

There are 3 levels of supplemental tax increases

United Water Contract extension, we don't have numbers yet

Elimination of Senior Services and Recreation Services

Non-public safety lay-offs, 15509, 15509A and EPPMTEA 6 layoffs in each and all of the part time positions which would be eliminated first 

The City Manager explained in detail why they could not reach the savings in the health care in the Schools thus far. 

B.       Mayor Rogers

Mayor Rogers passed out his speech on deficit elimination options, which was submitted for the record. 

Items on this agenda include:

inventory of all vehicles

assignment of vehicles

straight salt treatment for roads

hot box spreader to save on tar

supervisors in water department need to be reduced

elimination of non-essential employees

continued consolidations as the Council has voted on

re-analyze the cost of our law department possibly job out more

continued negotiations with united water

surplus/rainy day funds to offset the deficit

support of the bacon and company analysis of the school budget

inventory of buildings and properties for sale and lease and marketing them better

hosting fee for recycling facilities

looking at and understanding asset forfeiture monies including Google monies and find innovative ways to cover budget items

examine and scrutinize line by line on both sides city and school

look at our pensions

propose a budget review commission made up of private citizens with input of Council to advise and recommend position by position listings including job descriptions in our budget so that we can make educated decisions on eliminations, they would be available to advise in preparation of our yearly budget

C.       Assistant Mayor Rose

Assistant Mayor Rose stated he did support many of the Mayors options.  He also stated that he wanted to negotiate the current contract with United Water to look for additional savings already in the contract as Council has stated before.  He also suggested the increase in the Vin check fees to $20 more in line with other communities.   The next suggestion was to have the business registration fee raised to $40 from current $25.  He noted he suggested the sales tax issue in Massachusetts however that did not pan out.  The last big savings is that we are not properly marking our vacant properties available in the best manner for lease or sale.  

D.       Councilwoman Kleyla

Consolidation is a great success and we need to continue to merge departments, HR, Finance and forward.  Consolidating the health plans could be looked at there might be a cost savings, like a bundle for services.  Having all purchases for the entire city come from one office, all of the billing done through the same office, purchase in bulk. 

E.       Councilman Conley

Councilman Conley stated he did not want to repeat what others have said which represent some good ideas.  He doesn't want to repeat what he said last December/January.  Healthcare options need to be looked at and acted on quickly.  There are 3 municipal purchasing groups for healthcare in RI.  We jointly participate in and all 3 contract with Blue Cross and all receive the same administrative rate.  It is all related to how we choose to pay for our healthcare.  RIMIC results in a far more efficient and less costly delivery of services.  Monthly billing and is much closer to being truly self insured.  To benefit from this style a city must have a sufficient number of employees, which we would qualify for.  Currently the larger communities subsidize the smaller communities, there is no reason for us to do this.  In the other plan we can decide what and how we want to pay for it.  We pay our own claims and in that model it will not pay the working rate based on the other members.  If we try to drill down and calculate the methodology for those working rates we pay now it's impossible.

Economic experience is that this has panned out in theory.  With working rates paying costs this generally results in a minimum of 10% savings and in most cases closer to 20% just on those costs.  For every $10 million in working rates costs, EP would save approximately $1.5 million annually. In a case I worked on the community saved $3 million immediately.  There is a history to show the savings are real not just theoretical.  We need to change the way we purchase our healthcare and I challenge the consultant to do this, we don't have months and there is a model out there that works. This model will cause continued savings and would be part of our 5 year plan. 

Councilman DiGioia helped work on putting this information together. 

F.       Councilman DiGioia

Councilman DiGioia stated it's a priority to get the B & E Audit and support it.  The healthcare savings just discussed is a priority.  We have to look into extending the contract with United Water.  He noted he is not in favor of elimination of programs or a supplemental tax.  We need to look at pension reform and if we don't the State will be here indefinitely.

X.         Reports of Other City Officials

A.       Claims Committee Report by Assistant Solcitor Robert Craven

1.   Motion to approve 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 Councilman Rose and seconded by Councilwoman Kleyla 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 29, 2011; ROOM 101; 7:00 P.M.

====================================================================

                NEW CLAIMS

 

KEITH BRASIL       $264.59

RM No. 11-080, Claim No. 11-059

Claim for property damage to claimant’s vehicle sustained as a result of striking a pothole on Roger Williams Avenue.  See recommendation of the Director of Public Works.

Motion by:  Councilwoman Kleyla                          Seconded by:  Councilman Conley

Motion:  Deny the claim.

ALICE CALNER     $92.62

RM No. 11-078, Claim No. 11-057

Claim for reimbursement of expenses incurred for property damage sustained when a City tree fell on the front of the claimant’s home during tropical storm Irene damaging two sections of window glass and the gutter.  See recommendation of the Assistant Superintendent of Parks.

Motion by:  Councilman Conley                              Seconded by:  Councilwoman Kleyla

Motion:  Deny the claim.

ELENA ROSE         $30.14

RM No. 11-079, Claim No. 11-058

Claim for reimbursement of expenses incurred for damage to claimant’s vehicle sustained as a result of striking a pothole on Roger Williams Avenue.  See recommendation of the Director of Public Works.

Motion by:  Councilman Conley                              Seconded by:  Councilwoman Kleyla

Motion:  Approve the claim in the amount of $30.14.

B.       School Committee Update by Council Liaison School Committee Member Chrissy Rossi

The Superintendent Search Committee has been selected and School Committee members Abatecola and Tellier will head this up, meetings are open to the public. 

The Chorus and Band from the High School and Middle Schools have been selected to perform concerts at the State House they are free and open to the public, Ms. Rossi provided these dates. 

Suggestions were made for additional cuts and the Superintendent is quantifying these to see if there are savings and that will be reported out.

 Ms. Rossi provided an update on the repairs in the schools and a letter received from the Health Department regarding the High School and possible closure. These items were handed out and submitted for the record. 

The City Manager gave an update on the remainder of the sale of the bonds (BANS) stating that we need to secure TANS before we can go to market for BANS. This will be happening in December.   

C.       Announcement regarding possible closure of the Riverside Branch Post Office by City Clerk Kim Casci

The Clerk announced the date and time of the meeting being set up by the Post Master General in consideration of closing the Riverside Post Office as part of Nation-wide closings. The meeting is being held December 15, 2011 6pm-8pm 3rd floor of City Hall Room 308.

The Mayor requests that a resolution be drafted by the Law Department regarding the need to have the Riverside Post Office. 

D.       Council Meeting Dates for 2012 by City Clerk Kim Casci

January 3 & 17             July 17

February 7 & 21           August 21

March 6 & 20               September 4 & 18

April 3 & 17                  October 2 & 16

May 1 & 15                   November 7 (Nov. 6 Election Day) & 20

June 5 & 19                   December 4 & 18

 

It was requested that the February 21, 2012 meeting be moved to February 28, 2012 due to School vacation. 

1.   Motion to accept the dates changing the February 21 date to February 28.

RESULT:          APPROVED [UNANIMOUS]

MOVER:           Thomas Rose Jr., Assistant Mayor

SECONDER:    Katie Kleyla, Councilwoman

AYES:               Conley Jr, DiGioia, Kleyla, Rose Jr., Rogers

 

XI.        Council Members

Bi-Weekly Update by Mayor Rogers

Mayor Rogers gave a reminder regarding Winterfest and provided details on the events and the details regarding the decorating of your tree. 

XII.       Resolutions

A.       A Resolutuion authorizing the renaming of the East Providence Police Department as the Major Alister C. McGregor Public Safetly Complex

1.   A Resolution authorizing the renaming of the East Providence Police Department as the Major Alister C. McGregor Public Safety Complex.

 

WHEREAS,               in December of 2001 Captain Alister C. McGregor was mortally wounded while conducting a training exercise with the East Providence Police Department’s Special Reaction Team; and  

WHEREAS,               Captain McGregor was an Air Force veteran; and

WHEREAS,               Captain McGregor was a state expert on the use of deadly force, working to develop policies and methods for responding to school shootings which are still being taught at Rhode Island police agencies today; and

WHEREAS,               Captain McGregor dedicated his life to protecting our greatest treasure - our children; and

WHEREAS,               Captain McGregor was a member of the East Providence Police Department for 16 years and was posthumously promoted to the rank of Major.

NOW, THEREFORE, BE IT RESOLVED THAT the East Providence City Council, at the request of Mayor Bruce Rogers and in honor of Major Alister C. McGregor’s end of watch, December 27, 2001 and his dedication and ultimate sacrifice to the citizens of East Providence, do hereby dedicate the East Providence Police Department as the:

“MAJOR ALISTER C. MCGREGOR PUBLIC SAFETY COMPLEX”

1.   Motion to approve the resolution.

RESULT:          APPROVED [UNANIMOUS]

MOVER:           Thomas Rose Jr., Assistant Mayor

SECONDER:    Katie Kleyla, Councilwoman

AYES:               Conley Jr, DiGioia, Kleyla, Rose Jr., Rogers

 

 

XIII.      Introduction of Ordinances

A.       An Ordinance pertaining to a business registration.

AN ORDINANCE IN AMENDMENT OF CHAPTER 8 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “LICENSES AND BUSINESS REGULATIONS”

SECTION I.  Article I entitled “In General” of Chapter 8 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Licenses and Business Regulations” is amended to read as follows:

Sec. 8-12.  Business registration required.  Each business, including, but not limited to, wholesale, retail, commercial, professional service or manufacturing, whether by sole proprietorships, partnerships, corporations or any business entity, shall register its business, company, trade or office situated in the City of East Providence with the City Clerk.  Each registration shall contain the name of the firm or business, the name of the owner or operator of the firm or business, the type of business to be conducted and other basic information.

Sec. 8-13.  Fees.  There shall be a fee for each registration. The registration fee shall be $25.00 40.00.

Sec. 8-14.  Procedure; exemptions.

A.  Upon registration of a business, a registration certificate shall be issued to the registrant. No other business of the same trade name shall be allowed to register once a certificate of registration has been issued without the approval of the prior registrant in writing. Every registration certificate shall expire the 30th day in November and shall be renewed annually upon payment of the required fee. In the first year, the fee will be collected by February 1 and then by December 1 of each subsequent year.  No certificate shall be renewed if the business fails to provide proof from the Tax Collector that all municipal taxes have been paid to date. Every certificate of registration shall be placed in a conspicuous location in each business establishment.

B.  Any business required to obtain a liquor, victualling or any other license to operate under any other section of the General Laws shall be exempt from the requirement of this statute.

Sec. 8-15.  Violations and penalties.  Any person, whether as principal, agent, employee, or otherwise, who violates any of the provisions set forth herein, shall be fined not exceeding $25.00 for each offense. The fines shall inure to the City, and each day that the violation continues shall be deemed to constitute a separate offense.

Sec. 8-16.  Business Operating License--Applicability.

Every individual, partnership and/or corporation which has a premises within which is carried on an occupation or business for any purpose shall obtain a "license to operate" within the City of East Providence approved by the City Council and issued by the City Clerk.  Every business license shall expire on the 31st day of May and shall be renewed annually upon approval and payment of all fees. No license shall be issued if the business fails to provide proof from the Tax Collector that all municipal taxes have been paid to date.

Sec. 8-17.  Issuance of license; reasons for denial.

Licenses shall be issued provided that the named business does not adversely affect the health, welfare and safety of the citizens of said City.  If any business entity is not in full compliance of the laws and ordinances within the City of East Providence which govern said businesses, the City Council, after notice and an opportunity to be heard is issued to said business, shall have the authority to deny or revoke said operating license until said business is in full compliance.  Said City Council must believe that their action is in the best interest of the citizens of the City of East Providence and must show "good cause" to deny or revoke said license.

Sec. 8-18.  Fee.

Each individual, partnership and/or corporation or other entity required to become licensed under this section shall pay a fee of $75.00 to the City of East Providence, said moneys to go to the general fund.

Sec. 8-19.  Violations and penalties.

Anyone convicted of a violation of any of the provisions of this section shall be punishable as provided in Chapter 1, General Provisions, Section 1-16, of this Code.

Sec. 8-20.  Payment of Taxes; Taxes to be paid prior to issuance or transfer of business license.

A.  All licensed businesses in the City of East Providence requiring a business license to operate shall, at the time of the renewal or transfer of such license, show proof that all business-related taxes due to the City of East Providence have been paid before obtaining a business license.

B.  These taxes shall include but not be limited to all tangible personal property taxes; all sewer service and assessments, and real estate taxes, where applicable; and all other local taxes relating to that particular business.

Sec. 8-21.  Violations and penalties.

Any person or business violating any of the provisions hereof shall be subject to a fine not exceeding $100.00 for each offense and/or the immediate revocation of any existing business licenses and denial of any application for such business license.

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 Finance

1.   Motion to approve the ordinance changing the fee from $40 to $25.

RESULT:          APPROVED [UNANIMOUS]

MOVER:           Thomas Rose Jr., Assistant Mayor

SECONDER:    Katie Kleyla, Councilwoman

AYES:               Conley Jr, DiGioia, Kleyla, Rose Jr., Rogers

 

This fee was adjusted due to the fact that $40 would be too high based on what was approved in other communities and that the $25 fee was already including the budget already passed. 

B.       An Ordinance amending sidewalk snow removal.

AN ORDINANCE IN AMENDMENT OF CHAPTER 14 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE,RHODE ISLAND, 1998, AS AMENDED, ENTITLED"STREETS AND SIDEWALKS"

SECTION I.  Subsection (b) of Sec. 14-40 entitled “Removal of snow and ice.” of Chapter 14 entitled “Streets and Sidewalks” of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, is amended to read as follows:

(b)  Removal of snow and ice required.  The owner, occupant or any person having the care of any building or lot of land bordering on any street, highway, square or public place within the city where there is a sidewalk supported by a curbstone shall, within the first four 24 hours of daylight after any snow has ceased to fall, remove the snow and ice from said sidewalk.

SECTION II.  Sec. 14-40 entitled “Removal of snow and ice.” of Chapter 14 entitled “Streets and Sidewalks” of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, is amended by adding thereto the following:

(e)  The city may at its discretion remove the snow and ice from the sidewalk if the owner, occupant or person refuses to comply with subsection (b).  If the city and/or its agents remove the snow and ice, the city may recover the actual costs of such removal.

SECTION III.  This ordinance shall take effect upon its second passage and all ordinances or parts of ordinances inconsistent herewith are hereby repealed.

Requested By:  City Manager

1.   Motion to approve the ordinance.

RESULT:          APPROVED [UNANIMOUS]

MOVER:           Katie Kleyla, Councilwoman

SECONDER:    Thomas Rose Jr., Assistant Mayor

AYES:               Conley Jr, DiGioia, Kleyla, Rose Jr., Rogers

 

XIV.     Communicaitons

A.       Irene Renaud, 28 Lynn Avenue (02914) requesting to address the Council regarding clean up of an empty lot across from 28 Lynn Avenue.

Referred to the City Manager by the Mayor asking to have the City notice the owner if the owner does not comply the City will clean and charge the owner for the clean-up. 

B.       Anthony Ferreira, 44 Brightridge Avenue (02914) requesting to address the Council regarding the budget.

Mr. Ferreira asked when are these items discussed today going to be implemented? 

The Mayor stated the City Manager received direction and will be working on these. 

Mr. Ferriera hopes that this means we will be working together and moving forward. 

C.       Freddie Rybka, 9 Cozzens Avenue (02915) requesting to address the Council regarding the budget.

Mr. Rybka asked about the cost of maintenance on Pierce Field and what the employees do during the winter.  Director Curti responded and stated that she could supply further details but she did not come prepared with those figures. 

XV.      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

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