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| CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING Tuesday, March 6, 2012 6:45pm Executive Session 7:30 PM Regular Council Meeting |
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I. Executive Session
A. Claims Committee
1.Mei Shu
Litigation
1.Tabatha Glavin vs City of East Providence
II. Call to Order
III. Salute to the Flag
IV. To Approve the Consent Calendar
1. Letters
1.Town of Exeter Resolution regarding support of legislative amendments to the Rhode Island Low and Moderate Income Housing Act.
2.Coastal Resources Management Council March 2012 Calendar.
3.Notice of New Property Number, 143 Narragansett Avenue
2. Council Journals
1.September 2, 2011
2.September 8, 2011
3.September 20, 2011
4.October 18, 2011
5. October 25, 2011
6. November 1, 2011
7.November 15, 2011
8. November 29, 2011
10. December 20, 2011
3. Class F Liquor License
1.St. Martha’s Church, Pawtucket Avenue, East Providence, Irish Italian Night, March 17, 2012
4. D.Class F-1 Liquor License
1.St Mary Academy Bay View, 3070 Pawtucket Avenue, Cabaret Performance, April 26-29, 2012
5. E.Abatements/Hardships
Year Amount
2011 Hardship $2,136.71
Total $2,136.71
6. Cancellations/Abatements
Year Amount
2011 $742.70
Total $742.70
7. Motion 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. Rob Bower - United Methodist
2. Nicholas Costa - Pole Holes and Speed of Cars on Forbes Street.
3. Rita Falaguerra - Feral and Stray Cats
4. Jeff West will defer the item is later on the docket
5. Tom Riley is not present defer to next meeting
VI. Appointments
1. East Providence Tow List
RESULT: APPROVED
A-1 Towing & Recovery, LLC, 5A Eastern Avenue (02914), John Barbosa.
At the license holders it was requested this item be deferred two weeks, on a motion from Councilwoman Kleyla, seconded by Councilman DiGioia and on a roll call vote it is unanimous with one recusal from Assistant Mayor Rose.
2. East Providence Waterfront District Commission by Councilwoman Kleyla
RESULT: APPROVED
Paul Moura, 31 Windmill Lane (02916)
A motion to approve is made by Councilwoman Kleyla, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.
VII. Public Hearing - Ordinances Final Passage
1. An ordinance regarding a stop sign on Grassmere Avenue at Brookhaven Drive.
RESULT: APPROVED
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. Subsection (b) of Sec. 18-269 entitled “Stop and yield intersections designated; when stops required.” is amended by adding thereto the following:
Grassmere Avenue (northbound and southbound traffic) at Brookhaven Drive
SECTION II. This ordinance shall take effect upon second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
Requested By: Assistant Mayor Rose
A motion to approve is made by Assistant Mayor Rose, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous.
2. An ordinance regarding a stop sign on Wilson Avenue at Bourne Avenue.
RESULT: APPROVED
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 18-269 entitled “Stop and yield intersections designated; when stops required” of Article IX entitled “Stop Intersections” of Chapter 18 entitled “Vehicles and Traffic” is amended by adding thereto the following:
Wilson Avenue (northbound traffic) at Bourne Avenue
SECTION II. This ordinance shall take effect upon second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
Requested By: Councilman Conley
Testifying Against: Jeffrey West 25 Wilson Avenue
Councilman Conley spoke regarding the circumstances and process which brought about this ordinance. There was a neighborhood meeting held a few weeks ago to address the traffic hazards as a result of the closing of the bridge. The police were present as well as representatives from RIDOT and the City's Public Works Department. Around 75 residents attended and there was a general consensus at the conclusion that the two ordinances should be referred to the Police Department and Public Works Department regarding re-routing traffic as well as police details. The chief has advised based on analysis requested that the ordinance regarding the speed reduction be withdrawn.
Director Coutu came forward to explain further. Chief Tavares came to podium explaining that by reducing the speed limit everyone could be violating the limit law and that they will continue to focus on enforcement in the area.
Director Coutu came back to the podium and the Mayor asked if it was getting congested in the area, which is what was mentioned at the meeting and would this stop sign help or hurt or have no effect? Director Coutu stated that when there is an increase in traffic they don't generally recommend stop signs to reduce speed but rather to cause people stop only when making turns. However, in this instance, due to the amount of traffic and to combat the speed issues regarding the bridge closure this could help this situation.
Councilman Conley stated if it doesn't work out then send the Council a memo and it can come back on the docket.
Mayor Rogers stated he was voting against the ordinance as it is not a clear cut decision and they heard from residents in the neighborhood who are against it.
A motion to approve is made by Councilwoman Kleyla, seconded by Councilman Conley and on a roll call vote it is unanimous.
3. An ordinance regarding a one way, on partial sections of Glenrose Drive, Lantern Lane and Ferncrest Drive 8am-9am and 2pm-3pm school days.
RESULT: APPROVED
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 18-227 entitled “Temporary closure of streets” of Article VII entitled “Operation of Vehicles” of Chapter 18 entitled “Vehicles and Traffic” is amended by deleting therefrom the following:
Glenrose Drive, between Ferncrest Drive and Lantern Lane to all through traffic with the exception of school buses between 8:00 a.m. and 9:00 a.m. and between 2:00 p.m. and 3:00 p.m. on school days
SECTION II. 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 adding thereto the following:
Glenrose Drive (eastbound) from Lantern Lane to Ferncrest Drive between 8:00 a.m. and 9:00 a.m. and between 2:00 p.m. and 3:00 p.m. on school days
SECTION III. 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 stated that a meeting was held with School Committee Member Chrissy Rossi and Ed Catelli regarding the dropping off of students at Waddington School in the back of the building where there is currently a closed road during school hours. Vehicles currently double park creating traffic issues. This new traffic pattern would create a one way horse shoe traffic pattern going behind the school to keep the traffic moving instead of kids getting dropped off and walking through the traffic and in between parked cars which is dangerous.
A motion to approve is made by Assistant Mayor Rose, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous.
VIII. New Business
A. City Managers Report by City Manager Peter Graczykowski
1. Approval of Wastewater Rate Study
The City Manager called Malcom Pirnie to the podium to give a presentation.
While they were setting this presentation up a 2 minute recess was called.
The Presentation was given.
While under discussion the City Manager states he is not asking for approval this evening as there is more work to do on the rate study and would like to defer the item for further study to the next meeting.
Questions were taken from the audience.
Lisa Proctor, 1836 Pawtucket Avenue: the demonstration is assuming water and sewer are both present at a location, I do not have sewer.
Malcom Pirnie responded you would not pay for what you do not have.
Ms. Proctor let the Council know she would like to have sewers in her lifetime.
Councilman DiGioia stated that it seems as if the presentation would indicate bad news for the City.
The City Manager stated they are still in the negotiation process and are trying to maintain a balance between what is needed especially with the required sewer upgrades and the cost. At the end of the day the cost is the same it will be how we get there that could be different. However, further study is needed on the fixed charge in East Providence its well below what the Narragansett Bay Commission charges. We are undercharging for the fixed charge bill solely on volume, whether to have a split rate on commercial and industrial charges, at the end of the day, it is our responsibility to make sure it's maintained and we have the proper reserves. We will try to do it in a way that least impacts the rate payer. Following further study I will bring this back to the council.
Tom Riley, 3620 Pawtucket Avenue asked will it increase by 10% each year? 73,000 is a lot of water
Director Coutu came to the podium stating the rate structure has an annual exemption of 3500.
Tom Riley responded I am not planning on increasing my water consumption. Malcom Pirnie responded that the assumption assumes 73,000 if you use less your bill will be less what you saw was a projection of someone who uses 73,000.
The City Manager stated that we will address all these concerns as well as other issues before we bring this back before the Council with the least impact to the rate payers.
Mayor Rogers requests unanimous consent for Tom Riley to get to make his public commentary which would have been at the beginning of the meeting however he indicates he had an emergency. Councilwoman Kleyla does not agree that the Council should not deviate from the Council Rules of Procedure as it will set a precedent.
B. Reports of Other City Officials
1. Claims Committee Report by City Solicitor Orlando Andreoni
RESULT: APPROVED
Pursuant to R.I.G.L. § 42-46-5(a)(2), a motion is made by Councilman Rose and seconded by Councilwoman Kleyla to convene in closed session for the purposes of discussing claims & litigation. Upon a roll call vote: Mayor Rogers - Aye, Councilman Conley - Aye, Councilman DiGioia - Aye, Councilwoman Kleyla - Aye, Councilman Rose - Aye, the motion is approved 5-0.
EAST PROVIDENCE CLAIMS COMMITTEE
CLAIMS & LITIGATION REPORT
TUESDAY, MARCH 6, 2012; ROOM 101; 7:00 P.M.
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NEW CLAIMS
MEI SHU Unspecified
RM No. 12-009, Claim No. 12-007
Claim for personal injuries sustained as a result of a slip and fall on the sidewalk located on North County Street. Recommend referral to the insurance carrier.
Motion by: Councilwoman Kleyla Seconded by: Councilman Rose
Motion: Refer the matter to the insurance carrier.
LITIGATION
TABATHA GLAVIN VS. CITY OF EAST PROVIDENCE
C.A. NO. PC11-6762
Settlement Discussion
Motion by: Councilman Conley Seconded by: Councilman DiGioia
Motion: Continue with litigation.
A motion to approve the Claims Committee Report is made by Assistant Mayor Rose, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous.
2. School Committee Update by Council Liaison School Committee Member Chrissy Rossi
Ms. Rossi states the district wide repairs are continuing there was a building meeting today. The first portion of the repairs was completed and despite $1.45 million in change orders the budget was not compromised. $ 5.8 million was completed and the extra $200,000 will roll itself into on-going work. District wide energy upgrades by Johnson Controls work will continue until mid June. The installation of solar panels on the roof at the High School and both Middle Schools are scheduled to begin this month. The new cosmetology room and kitchen are going very well the original project for CTC was budgeted for $1.2 million and came in just under $800,000. RIDE will continue to make improvements up to $1.2 million. The life safety upgrades are continuing and asbestos removal at the High School will be done when school closes out for the summer.
The Mayor asked about the Orlo Avenue playground contest and Ms. Rossi stated she was not very involved but could find out adding they placed 3rd. There are two schools in Texas that placed above us we came in 3rd place and received some funds. That plus the funds from the Extreme Family Fun Day raised the money needed. There will be a kickoff in April and that she would give the Clerk the information to post on the website like was done for Waddington School. They would need volunteers to build.
C. Council Members
1. Bi-Weekly Update by Mayor Rogers
In executive sessions of the Budget Commission we discussed the Transportation Department within the School Department. This is a $3.8 million department and I find this outrageous. The response was that many of the programs are mandated by State law. We need to find a better way to accomplish this, the Director of Transportation for the School with salary and benefits totals more than $130,000. This was one of the outgoing contracts awarded by the prior administration. The contract expires in 1 year. The total in this department is about $672 per student per school year. I am going to fight for a major reduction. The Fire Fighters are exhausted from overtime and the safer grant previously presented no guarantee that they would not be permanent positions later on however grant situation has changed and these additions may not be permanent. This topic will come up at another Council meeting. In closing, why is Exxon Mobile, which holds 1/5 or 1/6 of land in East Providence not a bigger tax payer? I am asking the City Manager to look into this and for the Tax Assessor to look closely at reassessing this land.
D. Resolutions
1. A resolution for an increase in tax exempt status for United Methodist Elder Care.
RESULT: APPROVED
WHEREAS, United Methodist Elder Care (UMEC), a religious and charitable non-profit corporation, is an agency of the New England Conference of the United Methodist Church; and
WHEREAS, for decades, UMEC has served the citizens of East Providence by providing independent living, assisted living, and skilled nursing services to low and moderate income seniors in the community; and
WHEREAS, the mission of UMEC is to build and nurture communities where older persons live in comfort, dignity, and with purpose; and
WHEREAS, legislation was passed in 1956 and again in 1982 exempting up to $10 million of UMEC’s property from taxation; and
WHEREAS, other religious and charitable organizations already benefit from legislation exempting all of their Rhode Island property from taxation.
NOW, THEREFORE, BE IT RESOLVED that the East Providence City Council hereby supports the following proposed legislation allowing UMEC permanent exemption from taxation:
To be enacted by the General Assembly as follows (to supersede 1982 H7394).
SECTION 1. United Methodist Elder Care, a Rhode Island non-profit corporation, and its non-profit corporation subsidiaries and affiliates shall be entitled to acquire, take, receive and hold by purchase, sale, gift, lease, devise, bequest or otherwise, real and personal estate of every kind and description without limitation on the total amount thereof, for religious, charitable or educational purposes, and to use, manage, operate, improve, and apply same for the aforementioned purposes. The said corporations and all of their said real and personal estate shall be exempt from all taxes imposed by the state and by any political subdivision thereof; which said exemption shall apply to all taxes imposed by law upon real and personal estate.
SECTION 2. This act shall take effect upon passage.
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 Governor of the State of Rhode Island, the Lieutenant Governor of the State of Rhode Island, the President of the Rhode Island Senate, the Speaker of the Rhode Island House of Representatives, and Senator Daniel DaPonte, Senator Frank A. DeVall, Jr., Representative Christopher R. Blazejewski, Representative Roberto DaSilva, Representative Joy Hearn, Representative Helio Melo, Representative Mary Duffy Messier, and Representative John A. Savage.
Requested By: Councilman Conley
The City Manager states this is one of many organizations in the City which the Assessor has identified is not eligible for the tax exemption currently as it currently exists. The organization has options, the appeal process through the City or to ask for legislation to increase the current tax exemption. In addition, the City currently has only two organizations which make pilot payments to the City and this could be a third option. The City Manager urged the Council to consider this very carefully before making a decision. This is a half million dollars in revenue to the City from these exemptions and the issue has already been looked at by the Budget Commission as a way to reduce the deficit.
The Mayor asked if they are tax exempt and a non-profit are they different?
Steve Hazard the City Assessor comes to the podium and states a lot of non-profits are exempt from federal tax but in order to be exempt at the local level they must be religious, educational or fraternal which is also charitable. This organization doesn't fit into any of these categories but special legislation for a certain amount of tax exemption was created. If they have special legislation they can still be making a profit. The value of the property we have on file is about $12.5 million the special legislation exempts $10 million. The addition of the $ 2.5 million would be $60,000.
Rob Bower from United Methodist spoke regarding the fact that they are a religious organization and in terms of structure this is something that very few on that list have. The Executive Director Karen Motto stated residents are charged for apartments but many through HUD subsidies and Medicaid waivers. Residency is open to all faiths. We are one of three elder care homes in New England associated with the United Methodist Church including our board members on of which is the Bishop.
The Mayor states he can't support the resolution because they are not giving anything away they are charging fees.
The Executive Director states that if a resident is not able to afford to pay then through our fundraising efforts we subsidize them. We have residents that we do this for due to the cuts from Medicare and Medicaid which affects our budget as well as the cost of care which is $200 dollars a day per resident. We only receive $190 a day for that resident so we lose money on every Medicaid resident we have. When there are 60% that is a lot of money. She also reminds Council that the same type of resolution was given to Hatie Ide Chafee last year.
The City Manager asked what is the annual operating budget for both locations and what is the percentage paid for administration? Did you ever consider making a pilot payment?
The Executive Director states according to their attorney they don't have it to make.
Councilman Conley states they are both religious and charitable. Many of the residents do in fact receive services which they cannot pay for themselves via donations, assistance and fundraising via the United Methodist Church. For years they have served our elderly. The dollar value of what they provide to moderate and low income seniors goes well beyond $60,000 dollars. Other kinds of value they give is providing seniors a place to live with dignity and a sense of purpose. It simply is not fair or realistic and disingenuous to characterize them with the other groups you want to throw them in with. It has been legislatively determined for all of those reasons in deserving of an exemption. Over time since 1982 up to $10 million worth and there is plenty of latitude suggesting it be adjusted a couple million dollars. What you will find is that they don't have Brown University's endowment there is no extra money to make a pilot payment. Compared with the contracts that we give away and the value of the services provided this is simply not comparable.
Steve Hazard the Assessor states for real estate and personal include excise tax and motor vehicles if it is your intention to pass the resolution. Then everything will be exempted.
The City Manager adds we recognize the value of this organization and what they provide and we recognize the struggles with the Medicaid cuts and we are exempting $12.5 million in property but this is a slippery slope in others coming forward. This is going to result in similar appeals from other organizations.
A motion to approve with the following amendment: three lines down in section 1 add excise tax and motor vehicle, by Councilman Conley, seconded by Councilwoman Kleyla and on a roll call vote Mayor Rogers votes Nay, the motion is approved 4-1.
2. A resolution in support of legislation to maximize the number of voters per polling location.
RESULT: APPROVED
RESOLUTION IN SUPPORT OF AN AMENDMENT TO R.I.G.L. § 17-11-1
WHEREAS, R.I.G.L. § 17-11-1 entitled “An Act Relating to Elections - Voting Districts and Officials” currently limits the number of voters to be served at a polling place to 1900; and
WHEREAS, legislation has been introduced to increase the maximum number of voters per precinct to 4,000; and
WHEREAS, this legislation was introduced during the 2011 session of the General Assembly and passed the House of Representatives by an overwhelming majority; and
WHEREAS, the State of Rhode Island has finalized the redistricting of its Congressional, Senate and Representative Districts; and
WHEREAS, each of the 39 cities and towns in Rhode Island will need to redistrict their voting precincts in the upcoming months; and
WHEREAS, the East Providence Board of Canvassers has reduced the number of voting precincts whenever possible by combining polling precincts for all primary elections with no negative impact on voters; and
WHEREAS, with the implementation of the new mail ballot rules and regulations, it is anticipated voter turnout at the polls will decrease statewide; and
WHEREAS, as a result, the State and municipalities would both realize savings in election costs; and
WHEREAS, due to reductions in State aide to cities and towns and economic conditions in general, it is incumbent upon elected officials to examine areas of potential savings to taxpayers which do not negatively impact services; and
WHEREAS, the proposed legislation has been endorsed by the Elections Committee of the Rhode Island Town and City Clerk’s Association.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of East Providence urges the General Assembly to pass a proposed amendment to R.I.G.L. § 17-11-1 which would increase the limit of voters per polling location from 1,900 to 4,000.
BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized to sign and submit a copy of this resolution to the City of East Providence’s Senators and Representatives in the Rhode Island General Assembly as well as the Speaker of the House and the President of the Senate in seeking their consideration and support thereof.
This resolution shall become effective upon its passage.
Requested By: Mayor Rogers
1. Tom Riley speaks against the resolution.
Councilman Conley asked if the City knew what the expected savings would be, that information was not available however the Mayor did quote savings as listed from another community passing a similar resolution.
A motion to approve is made by Councilwoman Kleyla, seconded by Assistant Mayor Rose and on a roll call vote Councilman Conley votes Nay and Councilman DiGioa votes Nay, the motion passes 3-2.
E. Introduction of Ordinances
1. An ordinance regarding decreased speed on Centre Street, Wilson Avenue and Roger Williams Avenue.
RESULT: APPROVED
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 18-203 entitled “Decrease of state maximum speed” of Article VI entitled “Speed Regulations” of Chapter 18 entitled “Vehicles and Traffic” is amended by adding thereto the following:
Centre Street-20 miles per hour
Wilson Avenue-20 miles per hour
Roger Williams Avenue from North Broadway to Pawtucket Avenue-20 miles per hour
Requested By: Councilman Conley
Councilman Conley makes a motion to withdraw the ordinance for reasons stated in discussing the earlier traffic ordinance for the same area, the motion is seconded by Councilman DiGioia and on a roll call vote it is unanimous.
F. Communications
1. Anthony Ferreira, 44 Brightridge Avneue (02914) requesting to address the Council regarding infrastructure buildings and equipment.
Mr. Ferreira asked about infrastructure. The City Manager stated that with the Budget Commission they have established a way to fund and take care of infrastructure. We have to come up with a number that is realistic, infrastructure of buildings schools an aging fleet etc…including leasing instead of fixing and repairing. For example, the snow budget this year since we didn't have a lot of snow that line item can be shifted to make replacements in the vehicles. The comprehensive program and a comprehensive look at an exact list could be provided to you.
Mr. Ferreira asked a question regarding adequate supervision of staff.
Director Coutu was called to the podium regarding how road work is being done. The City could use about $50 million to bring our roads up to speed, we could fund pavement management programs as an ongoing maintenance plan, since 2006 we have done bond issues and that is the method the city chose in 1998. A million dollars a year but that ended in 2006 when the bond monies dried up.
Mr. Ferreira complained that he has pictures of Pierce field having garbage in barrels not emptied in 5 days and no liners in the pails.
2. Freddie Rybka, 9 Cozzens Avenue (02915) requesting to address the Council regarding work schedule and procedures.
Mr. Rybka asked what they are working on at the Forbes Street site.
Director Coutu responded it is the compost operations, leaf and yard waste picked up by the contractor and brought to the facility. They are closing sections of the landfill for the solar project. If this work had been done by consultants the cost would have been around $7 million dollars. The fill brought in by RIDOT and our own survey work approved by RIDEM which plans are to be finalized, will increase truck traffic in the area for the sewer project and the water main contract work. Mr. Rybka questioned the two full timers working there daily. Director Coutu stated there are four to five piles now that need to be screened and they work on that each day. We don't have the best screening product equipment it breaks down with all the work there is. Yes there are men and equipment doing work daily.
Mr. Rybka asked what kind of road maintenance they were doing on the streets to stop deteriorations. Director Coutu stated crack sealing. We have never previously done crack sealing in East Providence as it goes back to the road management plan and the fact that there was no money in the budget to do that work.
IX. Adjournment
1. Motion To: Motion to adjourn.
RESULT: APPROVED
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