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| CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING Tuesday, February 7, 2012 6:45pm Executive Session 7:30 PM Regular Council Meeting |
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CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
Tuesday, February 7, 2012
6:45pm Executive Session
7:30 PM Regular Council Meeting
I. Executive Session
1. Claims Committee
1. Antonio Andrade
2. Luis M. Pereira
3. Paulo & Ana Raposo
4. Veronica Reis
5. Natalie Soares
6. Pericles Vieira
7. Sean Sullivan vs City of East Providence
II. Call to Order
III. Salute to the Flag
IV. Consent Calendar
1. Letters
1. Glocester Town Council Resolution requesting amendment to RIGL 16-7-23 regarding the regional school district budget.
2. Exeter Town Council Resolution requesting support of the Town of Middletown’s resolution relative to the aftermath of Tropical Storm Irene.
3. Coastal Resources Management Council January 24, Semi Monthly Meeting Agenda.
4. Coastal Resources Management Council Public Notice regarding soliciting comments regarding changes to the Administrative Procedures Act section 210.4 and 210.6.
5. Coastal Resources Management Council Public Notice regarding federal consistency certification furnished by the RI Airport Corporation.
6. Coastal Resources Management Council February Calendar.
2. Alcoholic Beverage Class F
1.Vartan Gregorian Elementary School PTO Fundraiser, March 10, 2012, Providence Country Day School, 660 Waterman Avenue (02914)
3. Abatements
A. Abatements
| Year | Amount |
| 2011 | $899.55 |
| | |
| Total | $899.55 |
4. Council Journals
1.Regular Meeting June 28, 2011
2.Regular Meeting July 19, 2011
3.Regular Meeting August 16, 2011
4.Special Meeting August 29, 2011
5. Motion To: To Approve the Consent Calendar
RESULT: APPROVED
A motion to approve the consent calendar is made by Assistant Mayor Rose, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous.
V. Public Comment
1. Jack Fahey 2535 Pawtucket Avenue - Budget
VI. Proclamations and Presentations
A.The Rhode Island Political Action Committee by Former State Representative Joseph Almeida and Eugene Monteiro
Mr. Almeida and Mr. Monteiro provided background on the PAC. They provided information to the Council informing them of the initiative that they will be working collaboratively with the minority community and the Affirmative Action Office.
B. EAST PROVIDENCE AFFIRMATIVE ACTION COMMITTEE / BLACK HISTORY MONTH RECEIPIENTS
This year’s National Black History Month theme is centered on African-American women in history. The East Providence Affirmative Action Committee would like to identify these wonderful women who have devoted their time and efforts to the betterment of East Providence.
Awards were presented to the following twelve women:
1. Marlene Britto-Alves
2. Jamie Brown
3. Karen Franks
4. Barbara Fuller
5. Cleo Darcia Graham
6. Dorothea Francis Laughlin
7. Alice Martin
8. Onna Moniz-John
9. Judith Morse
10. Toni-Maria Spencer
11. Emily L. Thomas
VII. Appointments
1. Carousel Commission Re-Appointment by Councilman Conley
RESULT: APPROVED
Donna McMahon, 233 Norton Street (02915)
Motion to approve is made by Councilman Conley, seconded by Councilman DiGioia and on a roll call vote it is unanimous.
2. Carousel Commission Re-Appointment by Councilman Conley
RESULT: APPROVED
Leeanne Aldrich, 3125 Pawtucket Avenue (02915)
Motion to approve is made by Councilman Conley, seconded by Councilman DiGioia and on a roll call vote it is unanimous.
3. Carousel Commission - Alternate by Mayor Rogers
RESULT: APPROVED
Nuno Branco, 40 Anthony Street (02914)
Motion to approve is made by Councilman Conley, seconded by Councilman DiGioia and on a roll call vote it is unanimous.
4. Carousel Commission - Alternate by Mayor Rogers
RESULT: APPROVED
Valerie Perry, 30 Wannamoisett Road (02914)
Motion to approve is made by Assistant Mayor Rose, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous.
5. Carousel Commission Re-Appointment by Mayor Rogers
RESULT: APPROVED
Kim Casci, 1 Cedarwood Drive (02915)
Motion to approve is made by Councilwoman Kleyla, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.
6. Unanimous Consent is requested and granted for Carousel Commission Appointment by Assistant Mayor Rose
RESULT: APPROVED
Millie Morris, 374 Dover Avenue (02914)
Motion to approve is made by Assistant Mayor Rose, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous.
VIII. Public Hearing - Ordinances Final Passage
1. An Ordinance relating to the sale of alcoholic beverages to underage persons.
RESULT: APPROVED
A motion to approve with the removal of the cross off on the word person changing the language back to person or license holder, by Councilwoman Kleyla, seconded by Assistant Mayor Rose, on discussion Councilman Conley asked the Solicitor if the amendment could be made on the floor on second passage and the Solicitor responded it could, on a roll call vote it is unanimous.
AN ORDINANCE IN AMENDMENT OF CHAPTER 9 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “MISCELLANEOUS OFFENSES”
SECTION I. Section 9-1.1 entitled “Penalty for violations relating to sale of alcoholic beverages to underage persons” of Chapter 9 of the Revised Ordinances of the City of East Providence, Rhode Island 1998, as amended, entitled “Miscellaneous Offenses” is amended to read as follows:
9-1.1. Penalty for violations relating to sale of alcoholic beverages to underage persons.
Any person license holder who sells or allows the sale of or suffers to be sold or delivered any beverage which contains alcohol to a person who has not reached his or her twenty-first (21st) birthday either for his or her own use or the use of his or her parents or any other person, or allows any person who has not reached his or her twenty-first (21st) birthday to drink said alcoholic beverages within the City of East Providence or suffers or allows any persons who have not reached their eighteenth (18th) birthday to sell or serve any alcoholic beverage on the premises shall for the first offense be subject to a minimum fine of $250 up to $500 per count; for the second offense, be subject to a minimum fine of $500 up to $1,000 per count and up to a 3 day closure; and for the third and any subsequent offense, be subject to a fine of $750 up to $1,000 and a minimum of a one day closure or revocation of the license; and for the fourth and any subsequent offense, be subject to a minimum fine of $1,000 per count and a 14 day closure or revocation of the license. In the event that there are no offenses in three (3) successive years from the date of the last offense, then the next offense shall be treated as a first offense.
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: East Providence Prevention Coalition
IX. Licenses Not Requiring Public Hearing
1. Vict/Over 50 - Change of Class from Vict/Not Over 50
St. Angelo’s Inc. DBA St. Angelo’s, 1235 Wampanoag Trail (02915), Michael St. Angelo, 25 Foote Street, Barrington (02860)
Motion to approve by Councilwoman Kleyla, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.
X. New Business
A. City Managers Report
1. Request for Approval to Award Contract for Sand, Gravel & Fill Materials – Lynch ($122,306) and Lopes ($13,618) for pick up of sand and gravel and Lopes ($119,825) and Keating ($15,313) for delivery of sand and gravel.
The City Manager stated that although it is listed on the docket for a vote, a vote on this item is not required as the dollar amount is roughly $10,000 and not over the $100,000 threshold which requires a vote.
2. Request for Approval to Award Contract for Architectural and Engineering Services for Renovations to Fire Stations 1 and 2 to William Stark Architects, Inc., totaling $500,700 – this project is a federally funded grant.
The City Manager explained that this is a federally funded grant project.
The Mayor asked why some RI firms were near the top of the list but an out of state company was chosen.
The City Manager explained that the committee concluded upon careful review that the recipient best qualified regarding their response to the RFP was chosen.
Councilwoman Kleyla asked the City Manager for clarification regarding what is being renovated.
The City Manager explained this was the first phase of the grant project to retain for design. This would be an overhaul of the buildings included but not limited to HVAC, plumbing etc...
A motion is made to approve by Councilwoman Kleyla, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous with Councilman Conley voting stating a reluctant Aye.
3. Departmental Activity Report
The City Manager explained these are bi-weekly updates from the Department Heads which he is providing to Council for their review and reference.
Mayor Rogers asked who the Hurricane Irene reimbursements are for is it for residents or the City?
The City Manager stated both some have been received and some are still due to come if any residents have not filed and wish to do so they need to contact the City immediately as time is running out.
Councilman DiGioia asked if these updates could be posted on the website and be listed as updates so that residents could read them and the City Manager stated they could be.
Mayor Rogers asked about the CDBG Grant and the Culvert Grant and the City Manager stated he would provide that information upon research.
Mayor Rogers read the summary from the report on these two items into the record.
4. Homestead Exemption Review Update
The City Manager reported that the Homestead Exemption reduces the tax levy by approximately $7 million dollars it works out to roughly $600 per homeowner. He explained what the Homestead Exemption was and how it came about. They are researching options including confirming that those who are utilizing the exemption are truly eligible and whether or not to modify the existing exemption.
Mayor Rogers asked if this was the same as the Senior Exemption which he has been receiving calls on.
The City Manager stated no they were not the same that these were two separate exemptions but that a resident can qualify for both.
5. Budget Commission - Budget Plan
The City Manager reported that the Budget Planning report is used by the Budget Commission to track changes and proposals thru 2017.
He also reported that the Working Plan tracks all progress and deadlines now and going forward. He added that all these documents are available to the public.
B. Reports of Other City Officials
1. Claims Committee Report by Solicitor Orlando Andreoni
RESULT: APPROVED
Motion to approve is made by Councilwoman Kleyla, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.
2. A two minute recess is called.
3. School Committee Update by School Committee Member and Council Liaison Chrissy Rossi
Ms. Rossi reported that the School Committee meeting next week will include voting on the balance of the B & E Report. She added that full day K has been allowed to continue by the Budget Commission and that Oldham School is off the chopping block and that the School Committee continues to look for excellence in education at a price we can afford.
The Mayor added that the School Committee agreed to look for cuts elsewhere to make up for the cost of full day K when they requested support for the program.
4. Council Members
1. Bi-Weekly Update (by Mayor Rogers)
The Mayor stated that the budget cutting items have been being worked on since inauguration day. The Budget Commission will be meeting with all department and division heads. The update on the progress of the Commission is that they have been here almost 3 months and we are just now getting to the point where we were, which is the high cost of employee retirements and benefits. We need to talk with the unions, not demand but talk and come to some decisions as we move forward. He added that at no time has anyone uttered the words bankruptcy other than the previous administration.
He also reported that the Municipal Court consolidation is going well. Due to the consolidation it is a real revenue generator for the City. Thursday evenings when he is in City Hall for his office hours it is also court night. Those in line are not hardened criminals they are everyday people who are most often first time traffic offenders. The Budget Commission is looking to send these violations to the State and I see this as a money grab. This is a loss of revenue when we cannot afford it and it is a loss to our East Providence Police details which keep our City streets safe.
13. Legal Discussion (by Assistant Mayor Rose)
Assistant Mayor Rose requests this item be deferred until the next meeting.
14. Traffic Issues Surrounding Roger Willliams Avenue (by Councilwoman Kleyla)
Councilwoman Kleyla announces a neighborhood meeting to discuss the traffic issues to be held on Wednesday, February 15th at 6PM in room 306 at City Hall.
15. Transparency (by Councilman DiGioia)
Councilman DiGioia stated that he has been receiving contact from residents with questions and concerns regarding the Mayor's re-appointment of John Faria to the Housing Authority Commission on 12/22/11 which took place in the City Clerk's Office. This is a departure from recent practice which listed on the Council docket the Mayor's appointments to this board. While the law does not require this appointment to be voted on by the Council the City Clerk has indicated when looking back over the last 14 years they have always been listed on the docket. Why was this done this way? The perception is bad. This is not transparent and that is vital to our system of government especially in East Providence right now.
Mayor Rogers stated that he would be glad to put the appointment on the docket though it does not require a vote so he will not be asking for one unless one is forced. He added that he thinks highly of the job Mr. Faria does on the commission he responds quickly to problems at the facilities and provides a good service and that he felt the reappointment was in order.
16. City Vendors (by Councilman DiGioia)
Councilman DiGioia spoke regarding the recent article in the post regarding Councilman Rose being in the tow business. Mr. Rose's father has purchased the majority of stock from former Councilman Brian Coogan and records from the Secretary of State's office note the change on 12/28/11. Councilman Rose has indicated he is a driver for this company. He also indicated that he checked with the Board of Ethics to confirm this was ok. Councilman DiGioia said he has received many questions from residents regarding this issue and its lack of transparency. Perception is everything and he added that he has very little faith in the City's Legal Department but that he is demanding a formal review however futile that may be. The Ethics Commission cannot opine on Charter issues. The ordinances of the City state that a City official cannot receive a financial interest directly or indirectly in profits from the City. He added that the company should either be removed from the tow list or that the Councilman should resign his seat. In addition, the rules and regulations which the City Clerk sends out each year for signature by tow companies who tow for the City states that ownership changes of transfer shall come before the Council for approval. He requested a legal opinion by the next Council meeting.
The City Manager gave the definition of a vendor as one that receives payment by the City. The towing itself is not paid for by the City but rather by the individual owner of the vehicle.
Solicitor Andreoni stated that he has an opinion from Assistant Solicitor Craven regarding this issue. Mr. Craven states that Councilman Rose is not at fault. He is fine doing what he is doing. This opinion was issued on February 2, 2012. The Solicitor reads the opinion into the record and submits it to the Clerk as part of the record.
Councilman Conley asks when the Ethics Commission will issue its ruling.
Assistant Mayor Rose states he received a verbal ruling and that the written ruling will be sent as they are meeting on Thursday. He added that his family has been in business in the City of East Providence since 1937. His father bought the company as another business venture. Our family has done everything possible to continue to give back to the community. This is another service we will provide. Everyone has a job they are good at and I am good at providing this service. I am trying to make a living for my family in the best way I can. I have done everything the right way checking with all the appropriate agencies.
Councilman Conley asked if the will receive a written decision from the Ethics Commission on the 15th on whether or not they will be issuing an advisory opinion and Assistant Mayor Rose stated yes.
17. Budget Commission Community Meeting Update (by Councilman DiGioia)
Councilman DiGioia reported that the public forum at the Riverside Library on 1/30/12 by the Chairman of the Budget Commission Michael O'Keefe was a success. They had a wonderful turnout and he thanked Chairman O'Keefe and Councilman Conley for all his assistance. This served as an informational meeting to residents who had questions regarding taxes, layoffs and bankruptcy. People were frustrated that they are unable to attend the meetings because they are held during the day and that they are unable to watch them as they are not being recorded. Chairman O'Keefe was able to provide a recap of the meetings and the details on the State legislation to bring the education aid payments to the City early. The Chairman stated that East Providence was no where near Central Falls or State Receivership. East Providence is not a poor City there are a lot of opportunities here and that they are just here to resolve the cumulative deficit and balance the budget over the next 5 years and to improve the City's under-funded pension liabilities. Those with questions can contact the Councilman and he will contact the Chairman or they can go to the City's website and there is a special section to ask the Budget Commission questions.
At this point Councilman DiGioia stated that the Budget Commission will be eliminating the Council's health benefits for next year but that he was submitting a letter to the City Manager tonight that he will be removing himself and his family from the City health care plan effective on March 1, 2012 and that he will also be giving up his stipend and that he hopes to set an example for the entire Council to do so.
Councilman Conley stated that he will also join Councilman DiGioia that public service is a privilege and that he did not run for office for the stipend. He added that he had let the City Manager know on two occasions that he wanted to forgo these benefits but that tonight he is officially letting him know and he wants him to act upon it. Previously these benefits were removed from the budget in September 2011 and he was in favor of that and then on the night of the budget vote they had been put back in and he did not vote for that budget.
C. Resolutions
A resolution opposing the possible closure of the Riverside Post Office.
RESULT: APPROVED
A motion to approve is made by Councilman DiGioia, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous.
RESOLUTION OPPOSING THE CLOSING OF THE RIVERSIDE BRANCH POST OFFICE
WHEREAS, there is a post office located in the Riverside section of East Providence known as the Riverside Branch post office; and
WHEREAS, the nearest post office in the area is the Barrington Post office which is located 2.3 miles away; and
WHEREAS, there is an interest in the legislative branch of government to close the Riverside Branch post office; and
WHEREAS, said post office has been and still is a necessary adjunct to the businesses and to the social and family lives of our taxpayers in East Providence.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of East Providence strongly opposes the closing of the Riverside branch post office and is in favor of it continuing its operation serving the taxpayers of the City of East Providence.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the East Providence City Council hereby requests that the City Clerk send a copy of this Resolution to the Senators and Representatives from the City of East Providence, the United States Post Master General and the United States Senators and Representatives.
This resolution shall become effective upon its passage.
Requested by: Mayor Rogers and Councilman DiGioia
D. Introduction of Ordinances
1.An ordinance regarding business registration fee.
RESULT: APPROVED
Motion to approve is made by Assistant Mayor Rose, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous.
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. 8-14. 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 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. 8-15. 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: Finance Director
E. Communications
1.John M. Fahey, 2535 Pawtucket Avenue requesting to address the Council regarding the budget.
Mr. Fahey spoke about the budget and when or if the Council approved the B & E Report.
Mayor Rogers stated they did and then sent it to the School Committee and then the Budget Commission.
Mr. Fahey stated that rather than raising the tax levy by eliminating the Homestead Exemption and squeezing the tax payers further they need to raise the Homestead Exemption to 20% and cut salaries and benefits of public servants.
22.Anthony Ferreira, 44 Brightridge Avenue (02914) requesting to address the Council regarding the budget.
Mr. Ferreira asked if they could get the public forum meeting on the Budget Commission in Rumford as well. He wanted to know what Council members were for removing or discounting the Homestead Exemption and removing or discounting the tax credit for early tax payments because it is important for tax payers to know what Council members have their back. The tax payers have been doing the right thing all along and they should not get further penalized. He requested the Council to present to the Budget Commission keeping the percentage of discount for up-front payments and the homestead exemption.
Mayor Rogers stated that he and the City Manager as Commission members are more in favor of cuts to solve the situation going forward rather than removing the exemptions.
3. Freddie Rybka, 9 Cozzens Avenue (02915) requesting to address the Council regarding the budget.
Mr. Rybka stated the Mr. Ferreira covered the budget items. He requested a Hot Box update and a Lynch Contract update.
The City Manager stated they were doing further research on the matter but the savings previously mentioned may not be accurate.
Director Coutu came to the podium to give specifics on accounts which handle equipment and repairs.
XI. Adjournment
A 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: March 20, 2012
Attest: _______________
City Clerk