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| CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING December 4, 2012 Council Chambers, City Hall, 145 Taunton Avenue, East Providence, RI 02914 7:30 P.M. Open Session |
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I. CALL TO ORDER
II. SALUTE TO THE FLAG
III. TO APPROVE THE CONSENT CALENDAR
A. Letters
1. Coastal Resource Management Council Semi-Monthly Meeting, Tuesday, November 27, 2012, 6:00 PM, Conference Room A, Administration Building, One Capitol Hill, Providence.
2. Letter of resignation, Carousel Commission, Marie G. Camille.
B. Council Journals
1. Regular Meeting November 20, 2012
A motion to approve the Consent Calendar is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote it is unanimous.
IV. PUBLIC COMMENT
There are no registered public comments.
V. APPOINTMENTS
A. Carousel Park Commission (by Councilwoman Capobianco)
Bruce Rogers, 500 Warren Avenue (02914) (to fill the unexpired term of Marie Camille)
A motion to approve the appointment is made by Councilwoman Capobianco, seconded by Assistant Mayor Rose and on a roll call vote is it unanimous.
VI. NEW BUSINESS
A.City Managers Report (by City Manager Peter Graczykowski)
1. Departmental Activity Update
The City Manager provided the bi-weekly department updates to Council. Stating also that the library's requested waiver to the State for funding was approved, the City is bound to fund at the same or higher level each year but due to the fact that there were equal cuts in all departments on the city and school side the waiver was approved.
Councilwoman Rossi asked where the public might be able to view these updates.
The City Clerk explained where on website these were located, as part of the electronic docket agendas.
2. Sewer Easement - Universal Optic Pump Station (Citizens Bank and Village Green North)
Director Coutu reported the project was from the Engineering Division where they have been working on it for quite some time. The purpose is to eliminate one of the pumping stations. It saves money. They run a gravity line to another pump station. The easement is from Citizens Bank and within the United Water contract. There are no new monies spent and it saves money.
Assistant Mayor Rose asked if it will help drainage issues in the area. Director Coutu stated it will not hurt it is just moving the water at the same grade.
Councilman Cunha asked, what is the water table and if it was high, did the Director check it? Director Coutu stated there is flooding in that area but this is a sanitary sewer line which will not impact drainage.
A motion to approve is made by Assistant Mayor Rose, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
3. Legal Services RFP Update
The City Manager reported that he has provided the Council with a more in dept look at this item in their packets. This includes the full RFP, the ad and the agenda. The Budget Commission had a lot of questions from the bidders so we provided the answers. On November 30th, we provided for an extension for submissions to December 7th. They have had a lot of interest. Many came to the pre-bid conference and the next step is forming a committee which will evaluate the responses. Council and School will have input in how the award is being made. This also gives you a sample of a procurement process. We have several different standard forms. These are items the Finance Department does for anything over 8 thousand dollars or 16 thousand if it has to do with construction.
Councilwoman Rossi asked what is the difference between an appointment and a hire?
The City Manager explained the appointment is just another way of saying hire. It is a de-facto hire depending on the position the process is different but it means the same thing in the end. Appointments should be based on merit, meaning someone can do the job.
Councilwoman Rossi stated that in the Charter the Council appoints those positions while the rest of employees are not structured in this way.
The City Manager responded that is right but because we are under fiscal oversight so it is different.
4. Budget Commission Activity Update
The City Manager stated he will be providing the Council with bi-weekly updates on the Budget Commission. His goal will be starting from day one to get the Council re-engaged in the process and be prepared to take over when Budget Commission leaves. The City Manager provided an update on the previous Budget Commission meeting.
Assistant Mayor Rose asked what were the future plans for the EPPD vehicle upgrades?
The City Manager responded he is working with the Chief to bring a proposal for a full fleet replacement, the proposal is done in phases and if approved will utilize asset forfeiture funds. They will be replacing most of the fleet due to the age. They will expend less in funds due to a decrease in the repair costs.
Councilwoman Rossi asked where is the Google money now?
The City Manager explained it was awarded to the City, the City continues to make an appeal to the Department of Justice to use the funds for locally administering of the police portion of the pension plan. This is usually not allowed but we hope they will allow it this time. The funds are with the Department of Justice and they are released as you need them and the purpose is approved.
Chief Tavares stated from what he has been told they are not earning interest. Normally the City deposits the funds and earns the interest this is a different situation. Our hope and request is that we would continue to get that interest but DOJ states they themselves are not getting interest and as a result no interest is being earned. He will request an update on the situation.
The City Manager stated both East Providence and North Providence requested to use the money to fund the troubled pensions. We requested $49 million to fuel the pension plan. The remaining money will have to be adjusted to spend it on proposals like the fleet renewal, training, repairs to the building these will come into the revised plan once the pension plan is successful. There are federal guidelines for expenditures, there is a 50 page book and he would be glad to share with the Council.
Mayor Briden asked if there was an indication as to the timeframe.
The City Manager stated there was not.
Councilwoman Rossi asked if there was any reason why the pension fund can't buy our debt and we pay them back, instead of using TANS.
The City Manager stated he would get a legal opinion on the issue. In closing the City Manager stated that lastly at the Budget Commission meetings we receive the minutes of Council meetings, any board and commission appointments at these meetings are subject to approval of the Commission and become effective after 2 Commission meetings after the Commission is first notified with the minutes of the Council. The Commission understands the Council knows what is best in this regard and that is why it has been kept that way.
B.Reports of Other City Officials
1. Council and Claims Committee Meeting Dates for 2012-2013 (by City Clerk Kim Casci)
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| Claims | Council |
| January 8 & 22 | 7:00 p.m. | 7:30 p.m. |
| February 5 & 19 | 7:00 p.m. | 7:30 p.m. |
| March 5 & 19 | 7:00 p.m. | 7:30 p.m. |
| April 2 & 16 | 7:00 p.m. | 7:30 p.m. |
| May 7 & 21 | 7:00 p.m. | 7:30 p.m |
| June 4 & 18 | 7:00 p.m. | 7:30 p.m |
| July 16 | 7:00 p.m. | 7:30 p.m |
| August 20 | 7:00 p.m. | 7:30 p.m |
| September 3 & 17 | 7:00 p.m. | 7:30 p.m |
| October 1 & 15 | 7:00 p.m. | 7:30 p.m |
| November 5 & 19 | 7:00 p.m. | 7:30 p.m |
| December 3 & 17 | 7:00 p.m. | 7:30 p.m |
A motion to approve is made by Assistant Mayor Rose, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
C. Council Members
1. Looking Ahead (by Councilman Rose)
Assistant Mayor Rose stated that two years is a very short time and people don't realize how quickly it flies by when serving on the Council. He welcomed all the new members adding he can't wait to work with everyone and that he knows it will be a great two years. He looks forward to working on economic development for the City. East Providence has a beautiful waterfront, adding he just finished a ribbon cutting in the area and it will be great for development of business in the future. The Council and City need to look outside the box. He would like to see Warren Avenue looked at for development, the State has been doing all the sidewalks over and it looks great. Possibly re-look at the zoning issues down near the bottom of Warren Avenue and bring things back to that area. Work was started on this area in the last two years and the City needs to be more welcoming to make it easier for businesses to come here. The city should market what we have to offer and spend time with businesses adding that the City needs more of a one point of contact approach to businesses and building the inventory of city owned properties for marketing.
Mayor Briden requested unanimous consent to read a statement from David Bachrach regarding the lottery for the 78 Anthony Street property. Unanimous consent was granted.
D. Introduction of Ordinances
1. An ordinance regarding tree root liabilities.
AN ORDINANCE IN AMENDMENT OF CHAPTER 17 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “UTILITIES.”
SECTION I. The definition of building sewer lateral as contained in Section 17-76 entitled “Definitions” of Article III entitled “Sanitary Sewer System” of Chapter 17 entitled “Utilities” is amended to read as follows:
Building sewer lateral means a pipe laid incidental to the original construction of a sewer from that sewer to some point at the side of the street, highway or similar location, and there capped, having been provided and intended for extension and for use at some time thereafter as a part of a building sewer. When a building sewer lateral has been connected with and extended for the purpose of installing a building sewer, the lateral shall become and thereafter be a part of such building sewer, to be maintained as provided for building sewer. Sewers constructed prior to 1951, where building sewer laterals were installed at the owners expense, shall continue to be installed at the expense of the owner. The city will assume responsibility for repair of a broken or cracked sewer lateral between the curb line and the sewer main or for any blockage caused by a city tree. This provision shall not prevent the city from holding any third parties liable for damages to a sewer lateral.
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: City Solicitor
A motion to approve the ordinance for first passage is made by Councilwoman Capobianco, seconded by Councilwoman Rossi and on a roll call vote it is unanimous.
2. An ordinance regarding a one way street westbound on Alice Street.
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 18-247 entitled “Designation of one-way streets” of Article VIII entitled “One-Way Streets” of Chapter 18 entitled “Vehicles and Traffic” is amended by deleting therefrom the following:
Alice Street (westbound) from Taunton Avenue to James Street
SECTION II. This ordinance shall take effect upon second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
Requested By: Director of Public Works
Director Coutu reported this ordinance is to restore Alice Street back to a two way, removing the one way restriction.
Assistant Mayor Rose stated this is behind Bank of America and at one time it was a traffic issue from the drive-up service but I believe this no longer occurs.
Director Coutu stated that was correct and he let the Council know it was brought to him from former a councilman from that area and he assumes a resident had contacted the Councilman.
A motion to approve the ordinance for first passage is made by Assistant Mayor Rose, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
VII. ADJOURNMENT
A motion to adjourn is made at 8:19 PM by Councilwoman Capobianco, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.
Approved By Council: December 18, 2012
Attest: _______________
City Clerk