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| CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING Tuesday, April 3, 2012 6:45pm Executive Session 7:30 PM Regular Council Meeting |
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I. Call To Order
II. Salute to the Flag
III. Consent Calendar
1. Letters
1. Exeter-West Greenwich School Committee Resolution opposition to Binding Arbitration for teachers.
2. Exeter-West Greenwich School Committee Resolution opposition to Contract Continuation for teachers.
3. Exeter-West Greenwich School Committee Resolution is support of moving the teacher layoff deadline from March 1 to June 1.
4. Coastal Resources Management Administration Procedures Act amendment regarding Narrow River Special Management Plan (SAMP).
5. Coastal Resources Management Administration Procedures Act amendment regarding Construction of Shoreline Protection Facilities.
6. Narragansett Town Council Resolution in opposition to the 2% increase in the meals and beverage tax.
7. Narragansett Town Council Resolution in opposition to the expansion of the lodging tax.
8. Department of Environmental Management Water Resources Office consideration of application of Village on the Waterfront.
9. North Kingstown School Committee Resolution in opposition to Contract Continuation for teachers.
10. North Kingstown School Committee Resolution in opposition to Binding Arbitration for teachers.
11. Coastal Resources Management Council Agenda for Tuesday, March 27, 2012 Semi-Monthly Meeting.
12. East Greenwich Town Council Resolution in opposition to school employee binding arbitration.
13. East Greenwich Town Council Resolution in opposition to firefighter and police arbitration H7618 and H7619.
14. East Greenwich Town Council Resolution in opposition to municipal employee binding arbitration.
15. Smithfield School Committee Resolution in support of moving the teacher layoff deadline from March 1 to June 1.
16. Notice of New Property Number, vacant lot on Charles Street, Map 406, Block 11, Parcel 01.30, Zoning R4, Luis Mateus, PO Box 14526, (02914).
17. Burrillville Town Council Resolution in opposition to H7617, H7618, H7619 expanding the scope of binding arbitration for teachers, non-teacher employees and police officers.
18. Resignation letter from Brian Castro from the Junvenile Hearing Board.
2. Council Journals
1. February 15, 2012 Special Council Meeting
2. March 20, 2012 Regular Council Meeting
3. To Approve the Consent Calendar.
A motion to approve the consent calendar is made by Councilwoman Kleyla, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.
IV. Public Comment
1. Karin M. Donovan - CDGB East Bay Center (deferred to later on the docket)
2. James Briden - Pond View
3. Todd Turcotte - RI Philharmonic (deferred to later on the docket)
4. Jean James - Winslow Gardens (deferred to later on the docket)
5. Lori Oh - UMEC - Winslow Gardens (deferred to later on the docket)
6. CAndace Johndrow - FSRI (deferred to later on the docket)
7. Audrey Field - East Bay FGP (deferred to later on the docket)
8. Anna Howes - East Bay FGP (deferred to later on the docket)
9. Scott Coffrey - EBCAP (deferred to later on the docket)
10. Sarah Fessler, MD - EBCAP (deferred to later on the docket)
V. Appointments
1. Canvassing Authority (by Mayor Rogers)
John O’Hare, 25 Nevada Avenue (02916)
Under discussion Councilman Conley requests a letter be sent to Dorothy O'Gara thanking her for her years of service.
A motion to approve the appointment and letter to be sent to Dorothy O'Gara is made by Councilwoman Kleyla, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.
2. Juvenille Hearing Board (by Mayor Rogers)
(Replaces Brian Castro)
Samantha Branco, 40 Anthony Street (02914)
Councilman Conley asks that a thank you letter be sent to Mr. Castro for his service to the City.
Motion to approve is made by Assistant Mayor Rose, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous.
VI. Licenses Requiring Public Hearing
1. Secondhand Dealer/Misc.
Faithworx, LLC DBA Lele and Boo, 298 Willett Avenue (02915), Carlita M. Alves, 131 Johnson Street, Providence (02905)
This is a Children's Resale Design Boutique
Motion to approve is made by Assistant Mayor Rose, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous.
2. Secondhand Dealer/Misc.
Panciotti, Michael DBA Buckaroo Bob’s, 340 Warren Avenue (02914), Michael J. Panciotti, 14 Elmdale Street, Seekonk, MA 02771
This is for second hand general merchandise furniture clothes house hold.
A motion to approve is made by Assistant Mayor Rose, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous.
VII. Licenses Not Requiring Public Hearing
1. Holiday Sales
Faithworx, LLC DBA Lele and Boo, 298 Willett Avenue (02915), Carlita M. Alves, 131 Johnson Street, Providence (02905)
A motion to approve is made by Councilman Conley, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.
2. Holiday Sales
Panciotti, Michael DBA Buckaroo Bob’s, 340 Warren Avenue (02914), Michael J. Panciotti, 14 Elmdale Street, Seekonk, MA 02771
A motion to approve is made by Councilwoman Kleyla, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.
3. Peddler
Jet Black, Inc., DBA Joedega, 110 Comstock Parkway, Cranston (02921), John Olinger, 378 Vanderbilt Lane, Portsmouth (02871)
Joedega is a mobile coffee house delivering expresso etc... to business parks. Mayor Rogers stated he has received calls from taxpaying businesses that peddlers are hurting their business and stated he must vote against it for this reason and in the future.
A motion to approve is made by Councilwoman Kleyla, seconded by Assistant Mayor Rose and on a roll call vote Mayor Rogers votes Nay the motion is approved 4-1.
4. Private Detective License
John J. Rossi, 29 Woodbine Street (02915)
A motion to approve is made by Councilwoman Kleyla, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.
VIII. Public Hearing
CDBG Proposed Budget 2012-2013 Presentation
David Bachrach was called to the podium and explained this year's process in determining the recommendations for the first public hearing. Those who submitted proposals are here to present to Council and the public. This is not to be voted on tonight. Rather over the next 30 days input and comments are received and then the City Council will be presented with a summary of the comments received and will make their decision with any suggested changes. The final vote must be taken by May 15th in order to meet regulatory deadlines by HUD. Significant reductions impacted federal HUD funding and East Providence is experiencing its own fiscal challenges. The Budget Commission suggested a high priority for these funds to be designated for economic development to provide businesses job opportunities and to stimulate the tax base. This is the beginning of the public process.
Councilman Conley stated that he just received these as he arrived here. David Bachrach stated the summary sheet for the proposal list was in council packet on Friday, the spreadsheet formulated for tonight is just a breakdown of that summary.
Councilman Conley stated that under the public services category these are well known community service organizations in our community and his understanding that the recommendation is that no funds be allocated to these? David Bachrach stated yes. Councilman Conley added that for instance the East Bay Action Program has asked for $10,000 and we are putting zero in it that item alone it is tutoring for 900 special needs children.
David Bachrach stated that the program employs by minimum financial standards seniors who otherwise would not be able to find work and they help students with mostly special needs. Councilman Conley stated that providing that kind of service to students and the community is as much and more of an economic development tool than providing a jobs fair event for five businesses. We are forgetting who we are and why businesses want to be in East Providence. The Boys and Girls Club Career Launch which has a business development ring to it helps 40 kids ages 14-18 to develop skills essential for workforce success. If small businesses want to succeed they need to develop skills which this service provides. Those organizations in the City have the best understanding of what our small businesses need and the skills required this sounds like good economic development. This is an organization giving back to the community and I disagree with the statements that these non profits give nothing to us. We are losing our way and what we need to understand as we go through the CDBG process is that we are defining who we are and how we are going to get through the financial challenges we are facing. We need to cut to the bone but not take away our soul and at the same time recognize these organizations give our community the character and culture that make businesses want to stay here. Councilman Conley asked who recommended the change?
David Bachrach stated the Budget Commission requested a high priority of funding on the economic development agenda. They did not develop this actual budget but the Planning Department did after the direction was given. Councilman Conley stated that after the presentation has been made and we make our recommendations and it comes back to us for a vote for approval is what the council votes on going to happen or is the Budget Commission going to usurp our decisions?
David Bachrach stated that he believes HUD recognizes the elected officials.
The City Manager stated that as David has explained the Budget Commission did request the input from the Planning Department to focus on economic development. This is what was accomplished it's at the recommendation stage and the Council will make its decision whether they agree or not. It will depend on that decision and the legislation which enables the Budget Commission to override the Council vote.
Councilman Conley responded that based on the legislation do you think they have the authority?
The City Manager stated when it comes to any fiscal matter yes.
Councilman Conley requested the Law Department take a really hard look at this and draft a memorandum to Council, as a doctrine of preemption, the Federal Government preempts in those areas it seeks to govern and implements policies and law. This is all Federal money from Federal legislation governed by Federal regulations and under those regulations the highest elected officials make those decisions. He stated he would like an analysis under the doctrine of preemption that the legislation established the Budget Commission can preempt Federal Law. We need that memorandum prior to the final decision.
Councilwoman Kleyla questions why certain percentages have to be allotted to certain things and what is the breakdown?
David Bachrach states that under Federal regulations these funds have two caps limited to where they can be allocated 15% to public service activities and the administrative funds at 20% to ensure that the funds are properly overseen and administered. This work places us beyond our capacity it's a significant amount of work and will be provided through in house staff through the office developing the programming and the services. The administrative cost pays people who work in the Planning Department.
The City Manager addressed this point stating it does seem like a large amount compared to the recommended funds. This has been used as a budget tool by the Budget Commission we have a 5 year plan to build to make sure we are not here again in 5 years we are cutting out by paying with funds the administration tasks that we used to use the general funds for. Otherwise we would have to reduce staff further.
Mayor Rogers asked of the 5 businesses alluded to have you done any background of people employed etc...David Bachrach stated these economic development activities were designed prior to the Governor's Forum to ask for what businesses need and this is based on preliminary meetings with commercial lenders etc... to glean what is needed, and to be tweaked following the forum.
Councilman Conley stated he was not criticizing the suggestions in the activity section for example the job fair, these are all good ideas and we can do those things and should do them but without sacrificing who we are as a community. I have a discussion later on this evening about how we do that and how we bring our small businesses back to become a major factor in reviving our community.
Councilman DiGioia stated we have most certainly lost our way and I'm at a loss and I cannot believe what I am reading. I am thankful for all those here to speak to let the Council and the Budget Commission know these are completely unacceptable recommendations, 0% funding is not a cut but 0%.
David Bachrach added that they were trying to follow the intent of the Budget Commission and while they didn't suggest 0% funding when we did the numbers, if we didn't zero it, we were concerned we were not meeting that directive.
The City Manager added that basically the focus was the allocation of Federal resources to be in economic development not a duplication of services. The Planning Department interpreted this and that is what we see here. We will receive a lot of comments and this direction may change.
David Bachrach stated that there is almost $2 million dollars which are being requested that is not available due to cuts we can only allocate what is available.
Mayor Rogers asked are any of these public service agencies funded elsewhere and if we do not fund are they also requesting funding from other communities? David Bachrach answered that he believes 90% or more make up their funding from Federal, State and local funding. Some services are free and some are based on a sliding scale. Agencies can provide to Council more details on how they provide their services.
Councilman DiGioia asked who made the recommendations? David Bachrach stated that through the Planning Department and Community Development Division the information is plugged into the spread sheet and then they start moving items around trying to meet the Budget Commission directive and meet the community need and that is where we had difficulty came in. We decided to have the public participation process carry the day.
Assistant Mayor Rose stated that he has a huge problem with the Planning Department being in charge with such a large sum recommended to them and 0% recommended on all the public services. The administration fees, I am not happy with this. These public services are what we need the most in these economic times.
Councilman DiGioia stated there is a direct relation to providing good public service and economic development for $100,000 for 3 staff vs all the funding it could provide. David Bachrach stated they were counting on this process to equalize this process and the hope is that the Council goals and Budget Commission goals can meld.
Testifying in favor of funds requested for their programs:
Karen Donovan Vice President and Human Resource Director for East Bay Center
Jean James 40 Irving Avenue at Winslow Gardens speaking for the residents of Winslow Gardens
Laurie Hour Director of Public Affairs at Winslow Gardens
Candace Giandre passed as others are speaking re: Family Services
Steven Hug Family Services of RI on Pawtucket Ave and Wilson Ave Group Home for Girls Christine Santos works directly with the EPPD on the Domestic Violence Program
Chief Tavares regarding support for Christine Santos and the work she does for the EPPD and the community
Mr. Brown an attorney speaking in favor of Family Services Domestic Violence Program and related a success story
5 min recess
Andrea Vasser Volunteer Board Member of the Boys and Girls Club of East Providence
Erin Gilliat Executive Director of the Boys and Girls Club of East Providence
Audrey Field East Bay Foster Grandparents Program
Anna House 243 Crescent View Avenue Foster Grandparents Program she is a foster grandparent at Oldham School
Dr. Sarah Fessler 44 Riverside Drive East Bay Community Action physician, she is a physician in East Providence and at the Health Center in East Providence at the EPCAP Dennis Roy CEO EPCAP
Stephanie McCaffrey EPCAP
IX. Public Hearing - Ordinances Final Passage
1. An ordinance regarding removal of a no parking sign on South Broadway.
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”
SECTION I. Section 18-307 entitled “Parking prohibited at all times.” of 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.” is amended by deleting therefrom the following:
South Broadway (west side) from a point 25 feet north of the Seth Street-South Broadway intersection southerly 642 feet
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
Director Steve Coutu came to the podium stating this would allow on street parking on a section of South Broadway near Waterview Villa other sections of the street allow it and for some unknown reason this section did not.
2. David Beauchesne, 667 Waterman Avenue (02914) requesting to address the Council regarding the Rhode Island Philharmonic Orchestra & Music School seeking a resolution permitting the school to be tax exempt.
Unanimous consent is granted to move the Philharmonic Communication to this location on the docket.
Speaking in favor of continuing tax exempt status is David Beauchesne, Karen Pilzarski and Todd Turcotte.
Karen Pilzarski - In carrying on the discussion brought up by Councilman Conley that cutting to the bone but not the soul of the community, this issue is the epitome of that. No other community music school in the country is taxed. We serve 1256 students in East Providence, 15,000 East Providence students come in to hear performances there are 140 performances per year in our East Providence facility. There are economic benefits and social benefits. This elevates the East Providence community and visitors at the school spend money in East Providence. We are a member of national guild of community music schools. In RI unlike elsewhere it has always received less public support, music education is important and it cannot survive without government support and will be extinguished if taxed. We are in East Providence to stay. We have invested a lot in the building for profit corporations are taxed and can deduct this from their profits we cannot so it is a triple hit. If taxed RI will be the only State without a community music school again.
Todd Turcotte - Capital properties supports this tax exempt status request and the extra burden it puts on non profits which are already on a tight budget is wrong. There are 300 staff artists and teachers with a payroll tax, $400,000 in State Sales taxes and funding 96% from private funds, the remaining 4% is from public funds. We are asking you to support a resolution for tax exempt status.
David Beauchesne - There has been a social contract with public sector and non-profit organizational services which the public sector cannot provide or afford to provide. It allows people to donate and obtain a tax exemption and this would begin to unravel the social contract and our ability to continue. We veer into that realm of being a for profit entity. Like the government, we have cut back, no benefits, pay cuts, union concessions this will go to the courts which no one can afford to pay for. We don't want to go to court with the City. To clarify the state statute a resolution to ask for a full exemption is required and if Council approves the resolution, state legislators from East Providence are willing to do introduce and support the legislation. Meeting Street School was sold and the City wanted a taxable facility but once it was explained what we would be doing the City said since people aren't clamoring to buy the site and it's actually a good arrangement for the City, it was agreed upon. We have fiscal issues which mirror the City and would be the only City in the country to tax its professional symphony orchestra.
Councilman Conley asked what is the amount?
The City Manager responded that he could obtain that information from the Assessor. Councilman DiGioia stated that he would support a resolution for tax exempt status. Councilman Conley stated he will support Councilman DiGioia's suggestion to bring a resolution before the Council to clarify your tax exempt status.
Councilwoman Kleyla stated that she supports the music school and that being in the arts she knows all too well that it is the first thing that get cut. There is never enough funding for music and theater. Adding she is very passionate asking a music school of this caliber which has enriched our City and that for her cutting this is a never an option.
Councilman Conley made the motion to have the law department draft a resolution for tax exempt status for the Philharmonic Music School, this is seconded by Councilwoman Kleyla and on a roll it is unanimous.
X. New Business
A. City Managers Report by City Manager Peter Graczykowski
1. Bacon and Company Letter of Engagement
Unanimous consent is granted to return to the regular order of business.
The City Manager calls the Finance Director Ellen Eggeman to the podium to give a report on the item and explain the issue of the engagement letter. The Finance Director explains the letter is standard operating procedure for auditors and their company containing what they prepare and present and ultimately the 2011 audit cannot be presented without this letter. It is an annual letter regarding the responsibilities and is separate from the contract which was signed in 2009, 2011 is the final year of the contract.
The City Manager stated that they did address the increase in the contract this year which is $500 this was signed by the City 3 years ago and accounts for the increase in the cost of service.
Councilman Conley stated that he understands the role of the letter but that the company should have a very acute sensitivity to our financial position and asking for any increase, even if it is under a 3 year contract, the company should forgo this. We are talking about taxing non profits, cutting CDBG fund and cutting staff the Budget Commission should ask them to not only hold the line but decrease the cost. This should be cut like everything else that goes before the Budget Commission.
Councilman Conley made a motion to approve the signing of the letter minus $5000 because at the last meeting the Council requested the auditor to be present and they do not have the decency to come, this motion is seconded by Councilman DiGioia.
The Finance Director stated they did not choose not to be here but rather she didn't instruct them to be here as she did not know to ask them as she was not in attendance at the last meeting. She asked that the Council keep the letter separate from the contract, if they want to amend the contract it is not consistent with the signing of the letter.
Councilman Conley stated that if we sign the letter we'll never get them in.
Mayor Rogers asked what would this do if we defeated this tonight?
The Finance Director stated until the letter is signed the fiscal year 2011 audit will not be completed or presented. The audit is almost done and she didn't think to renegotiate the contract as it was signed 3 years ago.
Councilman Conely stated that he would sign upon amendment of the contract and would like them here to address with the Council.
The City Manager stated that best interest of the City is to keep the contract with the minimal $500 increase and sign the letter so we can have the completed audit. He added that he would think not doing so would result in a violation of the contract.
Mayor Rogers stated for $500 it is not worth it to stop the audit from going forward. Councilwoman Kleyla asked why can't we have that discussion?
The City Manager stated the work is completed we can't really do it because we have a contract it is a binding agreement.
Assistant Mayor Rose stated we are gutting every avenue in the City and we should try this. We have the time for it. The motion carries 3-2 with Councilwoman Kleyla and Mayor Rogers voting Nay.
2. CDBG Funding Contract Decisions 2011-2012
Planning Director Jeanne Boyle is called to the podium and speaks for David Bachrach who had to leave early due to a family emergency. This is regarding the CDBG contract decisions last year and it is a formality in approving the remaining 3 portions of last year’s contracts. A motion to approve is made by Councilman Conley, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous.
3. Bi-Weekly Department Activity Update
The City Manager reported that this is the Departments activity update in the council packets. He hopes they find it educational as to what is going. If there are any concerns he can follow up with to let him know. These are also posted on line in two locations on the City website, under the City Manager and under the electronic docket.
4. Exxon Mobil Appraisal
The City Manager reported this is a follow up from the last Council meeting to provide more information on the narrative of the appraisal and if such was to be included. We have not acted on the revaluation bid yet this would be an option for informational purposes.
B. Reports of other City officials
1. School Committee Update (by Council Liaison School Committee Member Chrissy Rossi)
The School Department continues to cooperate with the Budget Commission. The School Committee has been left out of the loop. The School Finance Director Mary King has resigned, this is an incredible loss to the district and the City her last day will be April 27th. We thank her for her dedication and service. Oldham School refresh update is that we are still looking for a few more volunteers. If anyone needs public service hours such as high school students we welcome them. Orlo playground is still going forward with the first phase with an additional fund raiser. The Waddington School pasta fundraiser is April 27th. EPHS post prom flamingo flocks can be sent at $10 per flock. The Kindergarten registration continues students must be 5 on or before 9/1/12 to register. At the EPHS 4 students have won for "your day your voice" program to denounce sexual violence against teens it runs on Fox in April. Project 106 has begun for "save the middle school sports" program there is a tax id number to donate and many parents have came forward an account has been open at the credit union, the account can be found on the website along with pay pal information.
Mayor Rogers states he has asked the Budget Commission to meet with Kevin Robinson and the meeting is scheduled for next week where the plan is to discuss middle school sports.
2. Update on Status of State Street Area FEMA and CDBG-Disaster Grants (by Jeanne Boyle, Planning Director)
Planning Director Jeanne Boyle states the City has received two grants through the CDBG disaster program last September for the State Street area totaling $600,000 fpor clearing vegetation around Runnins River and $100,000 with a 25% match with a $500,000 request to FEMA for $1.9 million for a new culvert. The City is estimating to hear from FEMA in 60-90 days. The City would need to receive DEM permits and public works crews would begin October 1st this year and complete the work in about 9 months to be done by summer 2013. They are working with public works and engineering for requests for proposals for design and this will take 6-8 weeks depending upon what happens with larger FEMA grant. Additionally, there may be another different round with CDBG for additional grants to add funding both for the project and for the residents.
Mayor Rogers states they are sending out a letter to all the residents in the area alerting them.
Director Boyle states the work on the large culvert at the end of Warren Avenue won't cure the flooding but should mitigate it. Funding is extremely competitive especially for such a large grant. For every dollar we are spending we have to let them know how many dollars of damage it is going to avoid. Information received to date from the State has is that the State has received $11 million in FEMA funds which is to be allocated to all the cities and towns in the state. East Providence has been ranked #29 and we should find out in the next few weeks. If we are not selected then there is another round of funding and this project would make a significant difference in the area and we have the match in hand which helps us in obtaining the grants. The Budget Commission cannot move the funds so the money we have to date is not lost the contracts will be signed and we have not been informed that there is a time limit which we have missed. Regarding the $500,000 if we can't get the full grant what we can do with the $500,000 should be able to be used for other improvements in the State Street area.
C. Council Members
1. Bi-Weekly Update (by Mayor Rogers)
There will be a forum on April 10 co-hosted with Governor Chafee from 8:30am-10:00am. The City is hosting its own small business forum to hear from local businesses on April 24th. I will be co-hosting a public meeting with the Budget Commission on April 25th at 6:30pm this will be the first meeting of the Budget Commission in Ward 2. There is also one in the community in Ward 4 at the Riverside library on April 26 at 6:30. The location for Wards 1, 2 and 3 will be announced. Chairman O'Keefe will be present. There was a $60 million settlement awarded to EPPD from the Department of Justice. Mayor Rogers thanked the EPPD stating it was the most money given out to any community. However, he had to find out about it on the day of presentation and so could not be present as no council members were invited nor informed of the press conference. This was an embarrassment and when contacted by the press I couldn't answer any questions. The Mayor asked the City Manager why the Council was not informed.
The City Manager stated he would try to answer this is the best he could. In the Council's packets this evening, hot off the press, is the update on the federal equitable sharing of the Google forfeiture funds. This press release was done by the US Attorney General's office and was coordinated by the federal government and we were not notified until the day of the award. We gave the Council an update as soon as we knew. This is an unprecedented award and we did not know how much it would be. This is not general fund monies but must be used for police items only. The Department of Justice will be here working with the EPPD to make sure that we can finalize the management accountability plan in the coming weeks. We will have working sessions and the Council and the Budget Commission will be more involved. It is a great achievement and they should be commended for this unprecedented windfall. It will help tremendously in funding our law enforcement abilities.
Mayor Rogers stated Mayor Lombardi of North Providence was quoted in the paper and that the point he is trying to make is that the Council is going to get the questions such as why didn't you take the money and balance the budget and we need to be able to answer these questions for the general public. He knows there is a proposal out there and wants to know what it is.
The City Manager stated that now that the award is approved the DOJ will work with us to do exactly that. We have made requests to DOJ on how we can use it and these proposals are under consideration but have not received answers yet.
Mayor Rogers requests a forum to present these to the general public.
The City Manager states he will be reporting routinely to Council.
2. Community Forum (by Councilman DiGioia)
Councilman DiGioia states that he and Councilman Conley will be hosting a second forum with the Budget Commission and Chairman O'Keefe will be present on Wednesday, April 25th from 6pm-8pm. There will be a presentation and question and answer period as well as an update on the City's finances. He thanked those that had attended the previous forum.
3. Celebrate doing business in East Providence (by Councilman Conley)
Councilman Conley gave a presentation utilizing boards and an easel. In addition he stated that the City is losing its way and we need to refocus and get back to our first principles. He handed out copies of his report to the audience. He discussed recent economic development projects. He stated that the business community finally came together and found an issue in the registration fee and brought to our attention other items in East Providence relating to small businesses who are thinking about leaving the City due to challenges they are facing. These businesses are the backbone of the economy and we don't want to continue to engage in actions that alienate the business community. We need to remind them where we are right now and our limited resources and what's going on with economic development right now in East Providence. We forget that we have a waterfront district and a community unique in the country. We provided one stop shopping for stability and speed to get things done and Village on the Waterfront is investing over $200 million in private investments which will generate $1 million per year in taxes. We have a good planning and economic development team at City Hall. The next phase of Waterfront Drive is commencing with the Dexter Road connector. We haven't been talking about our waterfront and we need to start focusing on these projects and to utilize the items on his handout. This kind of economic development is needed instead of sacrificing our public assistance programs for a few jobs. He provided ten top reasons to keep doing business in East Providence.
Councilman Conley continued that we have not let small businesses know how important they are. This is a discussion I hope to have with this Council. We need to decide what kind of community we are going to be in the future. We can't lose our way and we can't sacrifice our soul.
4. Pierce Field Issues (by Assistant Mayor Rose)
This is a well used facility where 95% of activities happen from 4pm-10pm. 400-700 people are in there a day during these events. The city will spend approximately $9000 on a staff person to supervise this facility at night. There is a big problem with the Budget Commission looking into this one staff person who is desperately needed. It is a strong deterrent for vandalism and destruction of City property. EPPD had to go there on 3 separate occasions in 3 weeks and that would not have happened if security was there. The employee has been in this position for 18 years. We can avoid damages to the property. We need to stop the gutting and the cutting.
D. Introduction of Ordinances
1. An ordinance amendment regarding collection of taxes.
AN ORDINANCE IN AMENDMENT OF CHAPTER 16 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “TAXATION”
SECTION I. Section 16-51 entitled “Collection” of Article IV entitled “Property Tax on Ratable Real Estate and Tangible Personal Property and Excise Tax on Registered Motor Vehicles and Trailers” of Chapter 16 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Taxation.” is amended to read as follows:
Sec. 16-51. Collection.
The tax assessor shall assess and apportion said tax on the inhabitants and ratable property of said city as of the thirty-first day of December, 201001 at 12:00 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, who is charged with the duties for the collection of taxes, on or before the fifteenth day of June, 201112, a 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 first day of June, 201112 and the first day of July, 201112 and provided further that if said tangible personal property, motor vehicle, and real estate taxes are paid in full on or before the first day of July, 201112, a discount of threethree two per centum of the total taxes on said tangible personal property and real estate shall be granted, and all taxes remaining unpaid on the first day of July, 201112 shall carry until collected a penalty at the rate of 12 per centum per annum from the first day of June, 201112 upon said unpaid tax, however, said taxes may be paid in four installments; the first installment of 25 per centum on or before the first day of July, 201112, the second installment of 25 per centum on or before the first day of September, 201112, the third installment of 25 per centum on or before the first day of December, 201112 and the fourth installment of 25 per centum on or before the first day of March, 201223.
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 12 per centum, per annum.
The city treasurer shall, by advertisement in the public newspaper having circulation in the city, notify all persons assessed to pay their respective taxes at his office on and between the said first day of June, and the first day of July, 201112, both days inclusive; said city treasurer setting forth the hours during which his office shall remain open to receive said taxes.
For FY2013, the tax assessor shall assess and apportion said tax on the inhabitants and ratable property of said city as of the thirty-first day of December, 2012 at 12:00 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, who is charged with the duties for the collection of taxes, on or before the fifteenth day of June, 2013, a 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 first day of June, 2013 and the first day of July, 2013 and provided further that if said tangible personal property, motor vehicle, and real estate taxes are paid in full on or before the first day of July, 2013, a discount of one and one half per centum of the total taxes on said tangible personal property and real estate shall be granted, and all taxes remaining unpaid on the first day of July, 2013 shall carry until collected a penalty at the rate of 12 per centum per annum from the first day of June, 2013 upon said unpaid tax, however, said taxes may be paid in four installments; the first installment of 25 per centum on or before the first day of July, 2013, the second installment of 25 per centum on or before the first day of September, 2013, the third installment of 25 per centum on or before the first day of December, 2013 and the fourth installment of 25 per centum on or before the first day of March, 2014.
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 12 per centum, per annum.
The city treasurer shall, by advertisement in the public newspaper having circulation in the city, notify all persons assessed to pay their respective taxes at his office on and between the said first day of June, and the first day of July, 2013, both days inclusive; said city treasurer setting forth the hours during which his office shall remain open to receive said taxes.
For FY2014, the tax assessor shall assess and apportion said tax on the inhabitants and ratable property of said city as of the thirty-first day of December, 2013 at 12:00 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, who is charged with the duties for the collection of taxes, on or before the fifteenth day of June, 2014, a 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 first day of June, 2014 and the first day of July, 2014 and provided further that if said tangible personal property, motor vehicle, and real estate taxes are paid in full on or before the first day of July, 2014, a discount of one per centum of the total taxes on said tangible personal property and real estate shall be granted, and all taxes remaining unpaid on the first day of July, 2014 shall carry until collected a penalty at the rate of 12 per centum per annum from the first day of June, 2014 upon said unpaid tax, however, said taxes may be paid in four installments; the first installment of 25 per centum on or before the first day of July, 2014, the second installment of 25 per centum on or before the first day of September, 2014, the third installment of 25 per centum on or before the first day of December, 2014 and the fourth installment of 25 per centum on or before the first day of March, 2015.
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 12 per centum, per annum.
The city treasurer shall, by advertisement in the public newspaper having circulation in the city, notify all persons assessed to pay their respective taxes at his office on and between the said first day of June, and the first day of July, 2014, both days inclusive; said city treasurer setting forth the hours during which his office shall remain open to receive said taxes.
For FY2015, the tax assessor shall assess and apportion said tax on the inhabitants and ratable property of said city as of the thirty-first day of December, 2014 at 12:00 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, who is charged with the duties for the collection of taxes, on or before the fifteenth day of June, 2015, a 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 first day of June, 2015 and the first day of July, 2015, and all taxes remaining unpaid on the first day of July, 2015 shall carry until collected a penalty at the rate of 12 per centum per annum from the first day of June, 2015 upon said unpaid tax, however, said taxes may be paid in four installments; the first installment of 25 per centum on or before the first day of July, 2015, the second installment of 25 per centum on or before the first day of September, 2015, the third installment of 25 per centum on or before the first day of December, 2015 and the fourth installment of 25 per centum on or before the first day of March, 2016.
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 12 per centum, per annum.
The city treasurer shall, by advertisement in the public newspaper having circulation in the city, notify all persons assessed to pay their respective taxes at his office on and between the said first day of June, and the first day of July, 2015, both days inclusive; said city treasurer setting forth the hours during which his office shall remain open to receive said taxes.
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 Finance
Director Eggeman states that this allows the City to change the discount for resident who pay taxes in full by 1% first year and it will be a phase out to 2%. The City Manager stated that he hoped the information in the packets answered all of Council’s previous concerns.
A motion to approve is made by Councilwoman Kleyla, seconded by Assistant Mayor Rose, under discussion Councilman Conley thanked the Finance Director for the analysis provided adding that he has received a lot of communication from people concerned about this and he is supporting first passage to get this to the public hearing point where he feels there needs to be further discussion, the motion to approve is unanimous on a roll call vote.
2. An ordinance regarding business registrations.
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.
Sec. 8-13. 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 April 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. 8-14. 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: The Director of Finance
Director Eggeman states that this requires the business to have a business registration but removes the fee.
A motion to approve is made by Assistant Mayor Rose, seconded by Councilman Conley and on a roll call vote it is unanimous.
3. An ordinance amending parking fines.
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”
SECTION I. Section 18-11 entitled “Traffic fines” of Article I entitled “In General” of Chapter 18 entitled “Vehicles and Traffic” is amended to read as follows:
Sec. 18-11. Traffic fines.
Fines for violation of the motor vehicle regulations contained in this chapter are hereby fixed as follows:
(1) Defiance of corner law . . . . . $25.00 $35.00
(2) Operating motor vehicle in violation of posted restricted street…..25.00
a. First violation……..$ 85.00
b. Second violation….$110.00
c. Third violation……$150.00
(3) Parking at bus stop . . . . . 25.00 35.00
(4) Parking at crosswalk . . . . . 25.00 35.00
(5) Parking in front of driveway . . . . . 25.00 35.00
(6) Parking in front of hydrant . . . . . 25.00 45.00
(7) Parking in restricted area . . . . . 25.00 35.00
(8) Parking too far from curb . . . . . 25.00 35.00
(9) Parking with left wheel at curb . . . . . 25.00 35.00
(10) Violating time regulation . . . . . 25.00 35.00
(11) Parking in fire lane . . . . . 50.00 35.00
(12) Parking on sidewalk . . . . . 25.00 35.00
(13) For violation of snow emergency ordinance (plus towing and storage charges, if any) . . . . . 50.00 60.00
(14) Parking by commercial vehicles in restricted areas . . . . . 50.00 60.00
(15) Parking in disabled parking:
a. First violation . . . . . 75.00 100.00
b. Second violation . . . . . 150.00 175.00
c. Third violation . . . . . 300.00 325.00
All of the above traffic fines are subject to a four-dollar increase upon issuance of a summons for such violations. A $20.00 late fee will be applied to the above traffic fines if said fine is not paid within 10 days from the date noted as the date of the offense.
SECTION II. This ordinance shall take effect upon second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
Requested by: The Chief of Police
The Chief stated that Sgt. Andrews presented last week and at the time he could not support the ordinance as worded but he has since made some adjustments. He has reduced the fees in line with other communities but they are increased from the original outdated fees. He didn't like the early bird special and instead if a person doesn’t pay in a timely fashion there is a penalty. The $4 fee is not going to be charged to the motorist provided the citation is written on the parking tag booklet and would only kick in if we use the state summons book.
Motion to approve is made by Councilwoman Kleyla, seconded by Assistant Mayor Rose, under discussion Councilman Conley stated he was disc predisposed to vote against but the Chief’s presentation and the fact that if a person is not illegally parked won’t receive the fine have changed his mind and he will vote in favor, on a roll call vote it is unanimous to approve.
E. Communications
1. Anthony Ferreira, 44 Brightridge Avenue (02914) requesting to address the Council regarding the budget.
Due to the hour, this was deferred to the next Council meeting.
2. Freddie Rybka, 9 Cozzens Avenue (029150 requesting to address the Council regarding the budget.
Due to the hour, the bulk of this item was deferred to the next meeting. Mr. Rybka did however hand out a sample boiler part to the City Manager. The City Manager stated he would forward the item to Ed Catelli.
XI. Adjournment
1. Motion to adjourn is made by Councilwoman Kleyla, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.
Approved By Council: April 17, 2012
Attest _______________
City Clerk