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| CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING November 20, 2012 Council Chambers, City Hall, 145 Taunton Avenue, East Providence, RI 02914 7:00 P.M. Executive Session Room 101 7:30 P.M. Open Session |
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I. EXECUTIVE SESSION
The City Council of the City of East Providence will meet in Executive Session pursuant to RI General Laws § 42-46-5 (a) (2) and RI General Laws § 42-46-5(a)(1)
A. New Claims
Philip & Patricia Abbatomarco
Commerce Insurance Company (Insured: Paul & Katherine Mello)
Martina L. Duarte
Leslie Hey
Esperanza Rocha
Travelers Insurance Company (Insured: Fatima DaSilva)
RI General Laws § 42-46-5 (a) (2)
B. Annual City Manager Job Performance Review per Hiring Resolution
RI General Laws § 42-46-5(a)(1)
II. CALL TO ORDER
III. SALUTE TO THE FLAG
IV. TO APPROVE THE CONSENT CALENDAR
All items under “CONSENT CALENDAR” are considered to be of a routine and noncontroversial nature by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council member so requests, in which event, the item will be removed from the “CONSENT CALENDAR” and will be considered in its normal sequence on the docket.
A. Letters
1. Public Notice of Long Range Transportation Plan Draft from the State Wide Planning Council, November 14, 9:00Am Department of Administration and November 15, 6:30PM Department of Administration.
2. Notice of Change of Property Number TLC Properties, Inc, 360 Warren Avenue (02914), Map 206, Block 24, Parcel 005.00, Zoning C3.
3. Coastal Resources Management Council October 2012 Calendar.
4. Rhode Island Ethics Commission Public Notice of Proposed Rule-Making Regulation 36-14-17009 out-of-state travel.
5. Town of Charlestown Resolution in support of Low and Moderate Income Housing Act: Program Analysis.
6. Coastal Resources Management Council November 2012 Calendar.
7. Coastal Resources Management Council extension deadline for emergency permitting.
B. Alcoholic Beverage Class F-1
1. St. Francis Xavier Church, 81 N. Carpenter Street (02914), St Francis Xavier Band Christmas Party, December 8, 2012.
C. Cancellations/Abatements
| YEAR | |
| 2012 | $19,492.20 |
| 2011 | $155.45 |
| 2010 | $6.31 |
| TOTAL | $19,653.96 |
D. Council Journals
1. Regular Meeting October 16, 2012
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 with Councilman DiGioia absent.
V. PROCLAMATIONS AND PRESENTATIONS
A. Beautification Committee Annual Awards - Joe Gibson, Chair
B. Pancreatic Cancer Proclamation (by Mayor Rogers)
C. Proclamations to Alba Curti, Director of Parks and Recreation and Deborah Rochford, Adult Services Coordinator (by Mayor Rogers)
VI. PUBLIC COMMENT
1. Anthony Ferreira - Stipends
VII. APPOINTMENTS
A. Traffic Control (by Mayor Rogers)
Guy Penha, 86 Mountain Avenue (02914)
A motion to approve the appointment is made by Councilman Conley, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous with Councilman DiGioia absent.
B. Traffic Control (by Mayor Rogers)
Jonathan Cabral, 55 Colwell Street (02914)
A motion to approve the appointment is made by Councilman Conley, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous with Councilman DiGioia absent.
C. Traffic Control (by Mayor Rogers)
Melanie Izquierdo, 53 Cobb Street (02914)
A motion to approve the appointment is made by Councilman Conley, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous with Councilman DiGioia absent.
D. Zoning Board of Review - Reappointment (by Councilman Conley)
Tony Cunha, 10 Don Avenue (02916)
A motion to approve the appointment is made by Councilman Conley, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous with Councilman DiGioia absent.
E. Carousel Park Commission - Reappointment (by Councilwoman Kleyla)
Stephen Costa, 86 Woodward Avenue (02914)
A motion to approve the appointment is made by Councilwoman Kleyla, seconded by Councilman Conley and on a roll call vote it is unanimous with Councilman DiGioia absent.
VIII. LICENSES NOT REQUIRING PUBLIC HEARING
A. Laundry/Drycleaner
SLS, LLC DBA The Clothes Pin, 64 Newport Avenue (02916)
Christopher M. Saunders, 25 Sunset Avenue, West Warwick (02893)
A motion to approve the license is made by Councilman Conley, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous with Councilman DiGioia absent.
IX. PUBLIC HEARING - SHOW CAUSE HEARING
Council Sitting as Licensing Commissioners
A. PWRPJ Inc. DBA Rockin' Times, Philip W. Rigi, 61 Whitford Street, Warwick (02889)
The Police Chief is called to the podium and states there have been several complaints regarding damage to surrounding properties. There have been some calls for service regarding loud parties and disturbances and assaults. The police department is investigating these complaints. He adds they will increase the police on the outside of the establishment as a preventative, while putting them on notice and before further action is taken and until the investigation is complete.
Councilman Conley stated these are all valid concerns however the letter doesn't provide for due process. The hearing is the proper time to present the evidence, if not presenting the evidence today then we should defer until such time as the administration is in a position to present evidence. Furthermore, information should be provided to the license holder in order to defend themselves. The hearing requires evidence and notice.
Assistant Solicitor Craven agrees that it is correct to defer and as an interim measure to discuss with the owner and to check on the past incidents.
The Chief requests to return to Council in 60 days adding it is not to say nothing has occurred but we need to take further investigative measures.
Mayor Rogers asks the Clerk to obtain the file on the establishment that they have a stipulation that all music must cease at 11:30. Attorney Bob Brady, for the license holder, states they did not know this. Assistant Solicitor Craven states the police would need to enforce the stipulation.
A motion to defer the item at the discretion of the Administration and in accordance with due process is made by Councilman Conley, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous with Councilman DiGioia absent.
B. D L Enterprises, Inc. DBA East Bay Tavern, Denise Laidlaw, 150 Bloodgood Street, Pawtucket (02861)
Assistant Solicitor Craven states that the defendant's attorney has stated they have not received notice of the specifics of the charges against the establishment. Adding that he has spoken to the Chief who states it is an on-going police investigation and it is not competed.
The Chief states an arrest has been made and they will have on a nightly basis, police inspecting the bar. There has been a lack or reluctance of reporting problems to the police. During the stabbing there was a hesitation to notify police. The police will caution the owner that they will be visiting the establishment and will be keeping a close check on the situation.
Mayor Rogers asked the City Manager what happens when these complaints are reported?
The City Manager stated that they are brought to the Council if it is regarding the safety of the area and if it merits a Show Cause Hearing. In this case, there is a wealth of information which we did request and it's still being gathered because it's an active investigation. It is up to the Council how far they want to take it, as the licensing board, the concern is for safety.
Mayor Rogers stated that due notice is the responsibility of the Administration because every day it's a safety factor.
A motion to defer the item at the discretion of the Administration and in accordance with due process is made by Councilman Conley, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous with Councilman DiGioia absent.
X. PUBLIC HEARING - ORDINANCES FINAL PASSAGE
A. An ordinance regarding a stop sign on Burnside Avenue at Harris 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 18-269 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:
Burnside Avenue (westbound traffic) at Harris 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: Assistant Mayor Rose
A motion to approve the ordinance is made by Assistant Mayor Rose, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous with Councilman DiGioia absent.
XI. NEW BUSINESS
A. City Managers Report (by City Manager Peter Graczykowski)
1. Departmental Activity Update
2. Hurricane Sandy Response Report
The website updates continued thru the storm. The EMA center was at the Rumford Fire Station. The wind damaged trees, there were power outages and flooding but not as severe as it could have been. It was a good exercise and everyone performed very well. Communication could be better, including updates to Council and better outreach to the public. The City is working on a Reverse 911 system currently they were utilizing the Connect Ed but that does not reach everybody. All these components that we have learned will be in place for the future.
Councilwoman Kleyla commented to please let Wayne Barnes know that they thank him and that he has been such a professional through all of our weather situations and kept us updated. It was nice to know Wayne was in our corner.
3. RFP Award for Refuse and Recycling Collection
This is an update, still working with Pawtucket and Central Falls for the collection of refuse and recycling regional contract. In the meantime, the City had an opportunity to renew the East Providence contract at a much lower rate and this was approved by the Budget Commission. We are keeping the weekly collection of trash but are able to renegotiate a better bid when the other communities are ready to come on board. This contract with MTG disposal has significant savings in 1 year of 200,000 and in 5 years of a million dollars
A motion to take no action on the item as it was already approved by the Budget Commission is made by Councilman Conley, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous with Councilman DiGioia absent.
4. Homestead Exemption Audit
The mailing done by the vendor which was done in error is being re-mailed at no additional cost to the City. Residents will have extra time to respond if they don't make it by November 30th. They will now have until December 15th. This audit was never done for all the years prior and once it is done we will know for sure that all the exemptions are certified.
Mayor Rogers asked will these people ever have to do it again? The City Manager stated this is a one-time deal. We have to make sure all are eligible and in the future only limited audits will be necessary.
Councilman Conley wanted to know why the City is requesting private information such as federal income tax returns?
The City Manager stated that they based the program on what other cities have done. It is only one of the documents which can be used for certification. There is no confidential information on the letters which went out.
Councilman Conley asked where is it in the statute resolution or ordinances to give us their income tax return?
Director of Finance Moore stated that the tax returns are one of many option of proof accepted. Most people are supplying a license and registration. We just need proof and for some that is all they have. We made it very broad to assist people.
Councilman Conley stated if they are elderly and don't have car and are not required to file taxes then what do they do lose their exemption?
The City Manager read the letter which residents are receiving citing the options for proof including "or by such other means".
Councilman Conley stated it is unreasonable.
Mayor Rogers stated that he agrees with Councilman Conley. Adding he has told residents not to give their federal tax return. It is not secure to do so. And to play devil's advocate what would the City accept next?
Director Moore stated a bill in their name would show that they live at that residence.
Councilman Conley called for a moratorium on this process and instructed the City to do more notice and give more information to the public to them know it is happening. If the communication was better and the notice was clearer this would not be an issue. Revisit this and then bring it back to the Council for approval. He requests this in the form of a motion. Councilman Conley added the letter needs to explain that other forms of ID are acceptable and that they are not at risk of losing their exemption because they fail to apply.
Assistant Mayor Rose said the problem he has with the whole process was the first time they were sent thousands came back. He is not sure where the City went to send these out. If we are going to verify these were sent properly why not send them with the water and tax bills?
Councilwoman Kleyla stated that the letter states you need to supply two out of five. The license, registration, voter registration, tax return, and she understands that these are hypothetical situations where they are asking what are the other choices. However, a person doesn't give the whole tax return just the front page, with your name and address only not the part with the personal information on it.
Councilman Conley stated that is not what the form says. Not being denied is not what the form says either.
The City Manager stated that this letter was provided in the Council's packet before the program started and the Council had no comments at that time.
Councilman Conley stated we do now.
A motion is made by Councilman Conley to place the exemption audit into a moratorium and to redo the letter to residents and bring this letter back to Council for approval, seconded by Assistant Mayor Rose and on a roll call vote the motion passes 3-1 with Councilwoman Kleyla voting Nay and Councilman DiGioia absent.
5. City Phone System Upgrade
The IT Director could not be here today as she is away this week but the new system has been deployed. This is the most current technology it is an upgrade the City will do once every 20 years. The technology is upgradable.
6. State Income Tax Refund Offset Program Update
It is the second year we are utilizing the program. There is a 30 day notification letter going out to resident. Whether it is real estate, personal property, motor vehicle etc... We will be more successful this year as we have started the process early. We are the only City in RI participating in this program.
7. Riverside Development Project Update
Director Boyle made a report on the update. Utilizing CDBG and Environmental Protection Agency Grants and money in escrow by the previous property owner, working with DEM to identify the extent of the contamination we utilized the State's master pricing list for the demolition and clean up of site. It is moving forward and right now we are removing the utilities and starting the demolition of the buildings in the next few weeks. Approvals of design including parking will be brought back before Council for their approval.
8. Public Safety Pension Funding Improvement Plan
The City was mandated to deal with the police and fire pensions. We have to be funded more than 60 percent in 20 years or the State will start taking the state aid money and start paying the pension for us. The Budget Commission voted for the first and second options to bring the pensions to the 60% level in 20 years. Paying 100% of the ARC which is what the City should be doing and hasn't done, the goal is to just barely get to the 60%. Negotiations of the benefit part, what employees get when they retire will take place, different age, COLAs, life expectancy, Google money are all being reassessed.
B. Reports of Other City Officials
1. Claim Committee Report (by Assistant Solicitor Craven)
In addition to the Claims the Assistant Solicitor reported that the Council conducted its Annual Review of the City Manager and they completed individual rating charts which will be submitted to the Budget Commission to compile.
Pursuant to R.I.G.L. § 42-46-5(a)(2), a motion is made by Councilwoman Kleyla and seconded by Councilman Rose 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 – Absent, Councilwoman Kleyla – Aye, Councilman Rose – Aye, the motion is approved 4-0.
EAST PROVIDENCE CLAIMS COMMITTEE
CLAIMS & LITIGATION REPORT
TUESDAY, NOVEMBER 20, 2012; 7:00 P.M.; ROOM 101
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NEW CLAIMS
PHILIP & PATRICIA ABBATOMARCO $1315.75
RM No. 12-055, Claim No. 12-039
Claim for reimbursement of expenses incurred as a result of a sewer block caused by roots from a City tree. See recommendation of the Director of Public Works.
Motion by: Councilwoman KleylaSeconded by: Councilman Rose
Motion: Approve the claim in the amount of $453.94.
COMMERCE INSURANCE COMPANY $3609.16
(INSURED: PAUL & KATHERINE MELLO)
RM No. 12-057, Claim No. 12-041
Claim for property damage sustained when a branch from a City tree fell on insured’s vehicle. Recommend referral to insurance carrier.
Motion by: Councilman RoseSeconded by: Councilwoman Kleyla
Motion: Refer the claim to the insurance carrier.
MARTINA L. DUARTE $952.00
RM No. 12-056, Claim No. 12-040
Claim for reimbursement of expenses incurred as a result of a sewer backup. See recommendation of the Director of Public Works.
Motion by: Councilwoman KleylaSeconded by: Councilman Rose
Motion: Approve the claim in the amount of $952.00.
LESLIE HEY $179.87
RM No. 12-058, Claim No. 12-042
Claim for reimbursement of medical expenses incurred when the claimant’s son fell off a tractor at the Forbes Street landfill. See recommendation of the Director of Public Works.
Motion by: Councilwoman KleylaSeconded by: Councilman Rose
Motion: Approve the claim in the amount of $179.87.
ESPERANZA ROCHA $290.50
RM No. 12-060, Claim No. 12-044
Claim for property damage sustained when a police vehicle struck claimant’s parked vehicle.
Motion by: Councilwoman KleylaSeconded by: Councilman Rose
Motion: Approve the claim in the amount of $290.50.
TRAVELERS INSURANCE COMPANY $5142.92
(INSURED: FATIMA DaSILVA)
RM No. 12-043, Claim No. 12-043
Claim for property damage sustained when a City chipper truck struck insured’s parked vehicle. Recommend referral to insurance carrier.
Motion by: Councilman RoseSeconded by: Councilwoman Kleyla
Motion: Refer the claim to the insurance carrier.
A motion to approve the Claims Committee Report is made by Councilwoman Kleyla, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous with Councilman DiGioia absent.
2. School Committee Update (by Council Liaison School Committee Member Chrissy Rossi)
Ms. Rossi stated they had their last meeting last Tuesday.
They introduced the new committee members and wished them well. They have been left a huge task but we are confident they will do well. The budget is $2 million less.
C. Council Members
1. Bi-Weekly Update (by Mayor Rogers)
- Update on Bath Salts
The Mayor reported that a State Law was passed on this issue and the City can now regulate and enforce this issue. He asked the Chief if there was anything else the City needed to do in the form of ordinance or anything and the Police Chief said there was not and that vice would handle these issues as they arose.
- Vacant Buildings/Tax Rate
The Mayor asked that a vacant building tax which is currently lower than on occupied building tax creates eyesores because the owners tend to hold onto the property instead of selling it. New Bedford has an ordinance that is the opposite. He would like to see if this would be good for East Providence.
A motion is made to through the City Manager to have the Assessor review the legislation in New Bedford to see if it would work for East Providence by Councilwoman Kleyla, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous with Councilman DiGioia absent.
- Removal of no parking Bentley Street, Mauran to Juniper
The Mayor states he has heard from the people of that area that they are opposed to the no parking signs.
A motion is made by Assistant Mayor Rose, seconded by Councilwoman Kleyla to send this to the Law Department to remove the no parking signs and on a roll call vote it is unanimous with Councilman DiGioia absent.
- Grosvenor, Grove and John Streets Traffic Report
The Mayor reported he held a community meeting per the resident's request. The Police Chief was present and it was a very productive meeting. There were issues with truck traffic, speeding vehicles and other issues. There has since been daily enforcement for oversized trucks and moving violations along with new signage which was poor. Some of the trucks indicated that their GPS is sending them thru residential areas.
Director Coutu stated that he installed and relocated signs which were hidden by poles and he is looking into possibly placing some on Taunton Avenue.
- EMS Report
The Mayor reported that the City has sent mutual aid to Providence 562 times and has received aid back only 54 times.
The City Manager reported there are two types of aid, fire suppression the EMS mutual aid. There has been nothing in writing between the towns on the latter and those located around Providence have a disproportionate number. Due to the change in billing vendors the City is having trouble getting the numbers. Overall, from the preliminary numbers it is against the best interest of the City to staff these calls. The total amount outweighs the numbers of reimbursed calls. Overall, we make money but the question is what to do with those we don't get reimbursed for. We should work out a billing plan to those communities to make sure we collect under a written agreement rather than a handshake but at the same time don't risk the aid to us by just stopping.
Mayor Rogers asked what is taking us so long to get those numbers?
The Fire Chief responded that he is not sure how they got those figures. It was basically an estimate. When a bill is sent out to the insurance company some pay it right away and some do not until after it is settled. Trying to find out the specific information and track it is very time consuming.
- Volunteer Staffing of City Hall Lobby
The Mayor reported residents look at the signs but are not directed properly. The City had staff there but it cost money. However, it is a good policy to have someone in the lobby. There are senior citizens who volunteer their time and could do so by staffing the lobby. The City Manager stated we did speak about this and it should be referred to Human Resources for evaluation as it is a two step process including back ground checks and a confidentiality agreement. We also will have look at the contracts and confirm we are not taking a union job. However, he added he is supporting it as a good idea.
A motion is made through the City Manager to review volunteer staffing in the City Hall Lobby by Assistant Mayor Rose, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous with Councilman DiGioia absent.
- Update on Projo Mandatory Thursday Delivery
Assistant Solicitor Craven reported the issue is regarding unsolicited drop off of the Journal. There was a suggestion to file in Municipal Court a littering charge. He stated that he has spoke with the Journal's attorney regarding first amendment issues and will contact him again next week.
- Update on Sponsorship of Traffic Islands
The Mayor stated since the City can't continue to maintain the islands the way we used to due to financial constraints, we have the information on what it would cost a local business or individuals to pay for the upkeep and have a sign on the island stating such. He added that he spoke to Beautification Committee and they are more than willing to take up this program.
A motion is made to refer this item to the Beautification Committee to implement and work with the Law Department and the City Manager by Councilman Conley, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous with Councilman DiGioia absent.
- Champlin Foundation Grant for Tranquility Place
There was a DEM grant awarded and a $150,000 Champlain match. So the City is in receipt of $300,000 for Jones Pond renovations.
Director Boyle stated there was stiff competition for the Champlain monies with over 400 applications for the funding. The City made a very good pitch and it's a unique project. We are able to do a $300,000 stand alone project so if we can't fund the whole project we have a viable and meaningful renovation.
- Enforcement Issues
Taunton Avenue around the Dunkin Donuts and 6 corners has 2 hour parking which is not always being enforced.
The Police Chief said they have done it periodically and sometimes people try to find a loop hole in the law but they are looking into all these complaints some may be zoning issues relative to signage and are treating people fairly with no exceptions.
- Point of Personal Privilege
Mayor reads from a prepared speech. He thanked the City and residents and acknowledged his honor in serving on the Budget Commission which at the end of their time here will have presented a balanced budget and a five year plan.
- Other Issues
2. Update on the Labor Day Parade Committee Meeting (by Assistant Mayor Rose)
Assistant Mayor Rose asked this item be deferred.
3. Outside Vendors (by Assistant Mayor Rose)
Assistant Mayor Rose states that outside vendors for the snow plow truck drivers which are being hired are at a higher cost make sure not making more
4. Proper Tools for Employees (by Assistant Mayor Rose)
Assistant Mayor Rose asked this item be deferred.
5. Acknowledgment and expression of gratitude (by Councilman Conley)
Councilman Conley reads from a prepared speech. He thanked all the City officials for their hard work and for everyone's patience through the process and looked forward to serving as their State Senator.
D. Resolutions
1. A RESOLUTION IN SUPPORT OF THE REQUEST OF THE CITY OF EAST PROVIDENCE TO PARTICIPATE IN THE $115.5 MILLION SURPLUS THE STATE OF RHODE ISLAND PRESENTLY HAS.
WHEREAS, the State of Rhode Island was running a deficit for the year 2012; and
WHEREAS, state aide was cut dramatically from cities and towns resulting in several cities ending their fiscal years with deficits; and
WHEREAS, the State of Rhode Island has ended fiscal year 2012 with a $115.5 million surplus; and
WHEREAS, the City of East Providence requests that the State of Rhode Island give the City of East Providence a fixed share of those surplus funds to be used for deficit reduction.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of East Providence 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 Representative, and the Senators and Representatives of the City of East Providence.
This resolution shall take effect upon its passage.
Requested By: Mayor Rogers
Councilman Conley states he is against this resolution. This is a surplus which is essentially a State surplus that sends a signal that the economic development fiscal initiatives on the State level have new fiscal soundness which will be reinvested in economic development of our state. He does not think that a portion of that surplus should be designated to a single community's deficit reduction.
A motion to approve the resolution is made by Assistant Mayor Rose, seconded by Councilwoman Kleyla and on a roll call vote the motion passes 3-1 with Councilman Conley voting Nay and Councilman DiGioia absent.
2. RESOLUTION REQUESTING LEGISLATIVE RATIFICATION OF THE CHARTER OF THE CITY OF EAST PROVIDENCE AS AMENDED
WHEREAS, on November 6, 2012 the voters of the City of East Providence overwhelmingly approved an amendment to the Home Rule Charter of the City of East Providence which provided that:
Sec. 5-1. Fiscal year; "budget year" defined.
The fiscal year of the city government shall begin on the first day of November and shall end on the last day of October of each calendar year unless a uniform fiscal year for all cities and towns shall be established by state law. Such fiscal year may be changed by ordinance so long as any such change remains in compliance with state law. Such fiscal year shall also constitute the budget and accounting year. As used in this Charter, the term "budget year" shall mean the fiscal year for which any particular budget is adopted and in which it is administered.
Sec. 5-15
(a) No budget act shall cause the aggregate expenditures enacted in any given fiscal year to exceed ninety nine percent (99%) of the anticipated revenues for such fiscal year as defined in Article V. Sec. 5-5 of this Charter.
(b) There is hereby established a budget reserve fund. Revenues in this budget reserve fund may be included in the budget, whenever:
(1) the city forecasts or experiences a loss in total non-property tax revenues and the loss is certified by the director of finance;
(2) The city experiences or anticipates an emergency situation, which shall be deemed to exist when the city experiences or anticipates health insurance costs, retirement contributions or utility expenditures which exceed the prior fiscal year's health insurance costs, retirement contributions or utility expenditures by a percentage greater than ten and one-half percent (10.5%);
(3) The city forecasts or experiences debt services expenditures net of any state aid reimbursement which exceed the prior year's debt service expenditures by an amount greater than three and one-half percent (3.5%) and which are the result of bonded debt issued in a manner consistent with general law or a special act.
(4) The city experiences substantial growth in its tax base as the result of major new construction which necessitates either significant infrastructure or school housing expenditures by the city or a significant increase in the need for essential municipal services and such increase in expenditures or demand for services is certified by the director of finance.
Whenever funds are used, they must be replenished in equal parts over the three (3) succeeding fiscal years to the amount that would have been in the fund had the expenditures not been made from the fund.
(c) The amount between the applicable percentage in (a) and one hundred percent (100%) of the anticipated revenue for any fiscal year defined in Article V, Sec. 5-5 of this Charter shall be transferred in any given fiscal year into the budget reserve fund; provided, however, that no such payment will be made which would increase the total of the budget reserve fund to more than ten percent (10%) of only the anticipated revenues as set by subsection (a) of this section.
(d) In the event that the payment to be made into the budget reserve fund would increase the total of the budget reserve fund to more than ten percent (10%) of the anticipated revenues as defined in Article V, Sec. 5-5 of this Charter. In the event that the payment to be made into the budget reserve fund would increase the amount in said account to more than ten percent (10%) of estimated state general revenues that said amount shall be transferred to a capital fund to be used solely for funding capital projects.
(e) Capital projects shall not include debt reduction, principal or interest payments on debt, or for any other type of financing arrangement, but shall only be used for payment of direct actual expenses incurred for capital projects.
Section 4-1. Finance department created; head of department designated; organization.
(1) There shall be a department of finance, the duties of which shall include the supervision and direction of all matters pertaining to financial operations, and the head of which shall be the director of finance, who shall be, or be appointed by, the City Manager. The further organization of the department into divisions or offices shall be made by the council, on recommendation of the city manager.
(2) The department shall be organized into the following divisions or offices: Control and accounts; treasury, assessment; purchasing. The heads of these divisions shall be respectively designated controller, treasurer, assessor and purchasing agent. They shall be appointed by the director of the department, with the approval of the city manager; Those powers, duties and responsibilities of any division enumerated in this Article IV, shall be assigned to the director of finance to be delegated in accordance with Sec. 3-5 of this Charter; and
Sec. 13-18. Office to be vacant if officer ceases to be city resident. shall be removed from the charter.
Sec. 2-14. Probate court.
(1) The powers and duties of a probate court for the city shall be exercised and performed by a judge of probate.
(2) The judge of probate shall be an attorney-at-law in good standing who has been admitted to the practice of law in this state. He shall be a qualified elector of the city. A preference in hiring shall be given to those residents of the city who apply for this position.
(3) The council by resolution shall appoint a judge of probate to serve for a term of office concurrent with that of the council and until his successor is appointed and qualified.
(4) In the absence, disability or disqualification of the judge of probate so that he is unable to perform his duties, the city solicitor shall serve as acting judge of probate and when so serving shall have and exercise all the powers and duties of the judge of probate.
Sec. 2-16. City clerk.
(1) The council shall elect an officer who shall be an elector of the city and shall have the title of city clerk, and who shall give notice of its meetings, shall keep the journal of its proceedings, shall authenticate by his signature and record in full in a book kept for that purpose all ordinances and resolutions. A preference in hiring shall be given to those residents of the city who apply for this position.
(2) He shall be responsible for the keeping and maintaining, for public inspection, all records of the city including, but not limited to:
(A) All land evidence records of every kind whatsoever;
(B) All records of personal property mortgages, attachments, assignments, lis pendens notices, conditional sales, and liens of every kind whatsoever that are now or shall hereafter be required or permitted to be recorded in a public place in charge of or under the control, custody, or supervision of any officer of the city;
(C) All records of the probate court;
(D) All records of licenses issued by the city or by any officer or employee thereof;
(E) All records of births, marriages and deaths;
(F) All records of removals;
(G) All records of trade names;
(H) Such other records as shall by ordinance or laws of the state be required to be kept by the city clerk.
(3) He shall issue all marriage licenses, burial permits, and such other licenses or permits as by ordinance or laws of the state shall be required to be issued by the city clerk, and shall perform such other duties as may be required by ordinance or laws of the state.
Sec. 2-17. City solicitor.
The council shall elect an officer of the city who shall have the title of city solicitor. The solicitor shall be an attorney-at-law in good standing who has been admitted to practice in the state. He shall be a qualified elector of the city. The city solicitor shall be attorney for the city and legal advisor of the council and of all officers, departments, and agencies and shall perform such other duties as may be prescribed by the council. A preference in hiring shall be given to those residents of the city who apply for this position.
Sec. 3-1. Qualifications.
The city manager shall be chosen by the council solely on the basis of executive and administrative qualifications, with special reference to prior experience in, or knowledge of, accepted practice with respect to duties of the office as hereinafter set forth. In addition, the city manager shall be a graduate of an accredited four-year college or university, with a master's degree in public administration, business administration, or a related field. The city manager shall have at least three (3) years of actual experience in a management level position in either the public or private sector. Such experience must include positions with responsibility in any of the following areas: Finance, planning, personnel, public works, public safety, economic development of their equivalent. At the time of appointment, the city manager need not be a resident of the city or state, but during the tenure of office, the city manager shall reside in the city within a fifteen (15) mile radius of the city.
Sec. 2-1. Number, selection and term.
The council shall have five [5] members, one to be elected from any by the electors of each of the four [4] wards of the city, and one to be elected at large, for a term of two [2] four (4) years or until a majority of the newly elected council have qualified and have taken office.
Sec. 10-1. School committee.
(1) There shall be a school committee consisting of five (5) members. One (1) member shall be elected from the city at large, and one (1) member shall be elected from each of the four (4) wards of the city at the regular city elections to serve for terms of two (2) four (4) years.
(2) Any vacancy in the membership of the school committee shall be filled by the city council until the next regular city election.
WHEREAS, by that vote, said amendment to the Charter has been duly adopted pursuant to Article 13, Section 8 of the Rhode Island Constitution and is now valid and in effect as Article 10, Section 4 of the Home Rule Charter of the City of East Providence; and
WHEREAS, the Home Rule Charter for the City of East Providence was originally adopted by the Town of East Providence in September 1954; and
WHEREAS, since that date, there have been several amendments to the Home Rule Charter, changes in various state laws affecting municipalities, and an amendment to the Constitution for the State of Rhode Island; and
WHEREAS, the City Council for the City of East Providence at this time wishes to seek legislative ratification of the entire Home Rule Charter of the City of East Providence as amended to reaffirm the commitment of the City of East Providence to its Home Rule Charter in all respects;
NOW, THEREFORE, the City Council for the City of East Providence requests that the Rhode Island General Assembly ratify the Home Rule Charter of the City of East Providence as amended and by said ratification give effect to, confirm, and validate the Home Rule Charter of the City of East Providence as amended in its entirety.
BE IT FURTHER RESOLVED, that the City Clerk send a copy of this Resolution to the Senators and Representatives of the City of East Providence legislative delegation, the House of Representatives, the Rhode Island Senate, the President of the Rhode Island Senate, the Speaker of the House of Representatives, and the Governor of the State of Rhode Island Adopted by the City Council
Requested by: City Manager
Councilman Conley stated he was voting nay for the following reasons:
- there was no analysis or fiscal impact for how the City would change the fiscal year, a fiscal analysis should be done so that when these amendments go to the State they will know we have a plan, will this mean an extra tax quarter or will the tax payers get hammered
- some of these charter amendments it was stated that the Budget Commission was in favor or drafting these amendments and that was misinformation
- we have a charter amend that the City Manager of the City doesn't have to live here, what is wrong with the City, it's good enough for the elected body, we live here
- 4 year terms for council is wrong, we need accountability, no branch of government impacts your life more every day than this and no branch should have more accountability than this, there is no recall, no term limit, in good conscience he cannot vote for a decrease in accountability
A motion to approve the resolution is made by Councilwoman Kleyla, seconded by Assistant Mayor Rose and on a roll call vote the motion passes 3-1 with Councilman Conley voting Nay and Councilman DiGioia absent.
E. 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 is made to defer the first passage of the ordinance to the incoming Council by Assistant Mayor Rose, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous with Councilman DiGioia absent.
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
A motion is made to defer the first passage of the ordinance to the incoming Council by Councilman Conley, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous with Councilman DiGioia absent.
F. Communications
1. Tony Fereirra, 44 Brightridge Avenue (02914) requesting to address the Council regarding the re-pavement of Waterman Avenue and the status of the "birdhouses on the Broadway overpass.
Director Coutu stated he has notified the State regarding the bird "houses" under the bridge and they have noted that it is on their list to address.
2. Freddie Rybka, 9 Cozzens Avenue (02915) requesting to address the Council regarding Sutton Avenue and pot holes in the Riverside area.
Mr. Rybka noted at the bottom of Pawtucket Avenue to Bullocks Point Avenue whre it was dug up for utility work it still needs to be repaired.
Director Coutu stated there is a significant amount of utility work and it is a state road and temporary patch work goes down now, and there will be a second level of work done on the area in the spring when the gas company will come back to complete the job.
3. Izilda Teves, 345 Sutton Avenue (02914) requesting to address the Council regarding Crossing Guards.
Mr. Rybka spoke on behalf of Ms. Teves that Orlo Avenue School has been having problems with crossing guards not showing up and the police told Ms. Teves they travel from the high school to Orlo Avenue and the person doesn't drive. On rainy days there is no crossing guard. The Chief its a joint effort start at the beginning of the school yt and at the end of the school yt w school dept to address not a good situation first aware of it and we will address it
XII. ADJOURNMENT
A motion to adjourn is made by Councilman Conley, seconded by Assistant Mayor Rose and on a roll call vote is it unanimous with Councilman DiGioia absent.
Approved By Council: December 4, 2012
Attest: ___________________
City Clerk