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| CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING September 18, 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) (3)
New Claims
A. Paul Bettencourt
B. Manuel Machado
II. CALL TO ORDER
III. SALUTE TO THE FLAG
IV. TO APPROVE THE CONSENT CALENDAR
A. Letters
1. Letter of resignation from the Carousel Commission from Ernie Germani.
2. Coastal Resources Management Council September Calendar.
B. Alcoholic Beverage Class F
1. Sacred Heart Church, Father Peter DiTullio, 118 Taunton Avenue (02914) Anniversary Dinner, September 29, 2012.
C. Alcoholic Beverage Class F-1
1. St. Francis Xavier Church, 81 N. Carpenter Street (02914), 20 Week Club Dinner, October 27, 2012.
D. Secondhand Dealers and Junkyards - Corporate Name Change
1. Elmwood Auto Group, Inc. DBA Elmwood Chrysler Dodge Jeep Ram, 625 Taunton Avenue (02914), Jay D. L'Archevesque, 10 Columbine Road, Rehoboth, MA 02769.
E. Council Journals
1. Regular Meeting September 4, 2012
2. Regular Meeting March 15, 2011
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. William C Andrade, 162 Bentley Street - No Parking Bentley Street (will speak later on the docket.
2. Nancy Gauley, 166 Bentley Street - No Parking Bentley Street (will speak later on the docket.
3. Ed Lynch, 123 Don Avenue - Columbus Club Tax Exemption Resolution (will speak later on the docket)
4. Anthony Ferreira, 44 Brightridge Avenue - Bird Houses
5. Tom Riley, 3620 Pawtucket Avenue - TLA/Pond View
VI. APPOINTMENTS
A. Traffic Control (by Mayor Rogers)
Kimberly Crowle, 23 Cadorna Street (02914)
A motion to approve the appointment is made by Assistant Mayor Rose, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous.
B. Traffic Control (Assistant Mayor Rose)
Mary Cayer, 115 Goldsmith Avenue (02914)
A motion to approve the appointment is made by Assistant Mayor Rose, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous.
VII. NEW BUSINESS
A.City Managers Report (by City Manager Peter Graczykowski)
1. TLA/Pond View Status Update
The City Manager reports the TLA/Pond View operations have ceased and the next step under the Superior Court is to remove the material within 60 days. A court date is still in place for September 25th for a status report or a third party will be selected to remove the debris. The City's brief is still due on November 16th for the City violations. The City Manager recommends through the Law Department the City, especially the Zoning Officer, stay in communication with RIDEM so that the removal has a limited impact on the community. The City will monitor the situation so that the closure proceeds but that will be the extent of the City's involvement at that point.
Mayor Rogers asked if a sale of the land, if it happened, could proceed. The City Manager referred this to the Law Department. Solicitor Andreoni stated he couldn't answer that question due to the pending litigation.
2. Departmental Activity Update
The activity updates were provided to Council in their packets.
3. FY2012-2013 Budget Process
The City Manager reported that department meetings took place in March and April with the Bud Commission and that there have not been many changes made since then. As far as the process is concerned prior to the adoption of budget, the Council will be provided a preliminary budget which is also available on line. This is not the full detail which will be provided later as the departments make last minute adjustments. Date-wise what we are looking for is input from the City Council and School Committee and then we will bring back updated information to the Council for the October 2nd Council Meeting. The full detailed budget perhaps sooner but definitely at the October 16th Council Meeting. This will provide any additional revisions as well to the School Committee who will follow a similar process. The Budget Commission will be the entity adopting the Budget. The September 20th Budget Commission Meeting will focus on the same budget as is here now then they will proceed with a more detailed version on October 4th and October 18th where there will be public hearings held on the budget. We are asking Council to provide input and provide the public forum running on a parallel track with the Budget Commission's Meetings and Hearings.
Mayor Rogers the detail provided was nowhere near enough and I want to make absolutely sure that the detailed budget will be provided this year to Council and residents.
The City Manager responded that yes it would be as part of the detailed budget all the allocated fringe benefits, amount of each position etc...we will have that listed and you will be able to see the full cost of each position.
Mayor Rogers asked will the taxpayers have input in the process.
The City Manager responded this is a public forum and we welcome comments and input.
Councilman Conley stated the outline, the dates in the memorandum are so similar to the budget process for the CDBG funds, can we then assume that our input will be received with the same amount of deference and respect as our input was on those matters, which basically didn't occur?
Mayor Rogers stated that he respectfully requests now that the budget hearings are not held at the same time and location as the regular meetings, that they be held in the evening so that people can have input.
Councilman Conley stated if the budget contemplates cutting programs and schools or overly burdening tax payers he was hoping that Council could be provided with the analysis of why. Especially the pension system, such as why we should fund it at 100% this year as opposed to 60% assuming part of the experience study, as required by the statute, as a result of several benefit structures, were looked at and in addition to that, several funding periods were looked at to make that judgment requiring us to fund at 100% this year. The law allows for far more latitude, was this study done and if so I'd like to see why those assumptions were adopted and, if other assumptions were rejected, and the basis for those. Because that's a lot of money and it's good when you can fund at 100% but when you can't, to take that money out of schools and programs is not and I then would like to see that study. If the OPEB analysis has been completed by the actuaries then I'd like to see that information, what strategies are we adopting to address it, are we looking at an OPEB trust, and would they consist of both employees and employee contributions and at what ratio. In addition, there is some experience in other communities which seem to be showing that some adjustments can be made on the OPEB side, which may mean small things on the OPEB side, but it frees up other funds that could become available to fund the arc, maybe not at 100% right away but it could provide the information so that when the Budget Commission holds these hearings we can have a discussion instead of getting it at the last second.
The City Manager asks the Finance Director to collect the available information and provide it to Council adding that in general there is a simple answer, the local arc was not funded since 2000 so we are trying to prevent this from happening again and to restore it to a level where this won't happen again, since there is no guarantee if this would happen again we wouldn't be that far back in under funding.
Councilman Conley stated he doesn't want a document dump. He is hoping that the Council can receive it in a report-form which they can all read and understand to support this information, the analysis should be in a report-form which interprets it and shows us the exercise which took place containing advice, analysis and recommendations.
B.Reports of Other City Officials
1. Handicap Parking Sign (by Steve Coutu, Director of Public Works)
Director Coutu explains the request is from a resident for a handicap parking space and the ability to have the space reserved. He has researched the matter and it is non controversial. The information for the placard was provided and per Ordinance, City Council approval is needed.
A motion to approve the sign 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 stated that regarding the budget process, the School Committee has never seen or been a part of any of the budget discussions and asked how much time they have to review? She also noted they are being cut by $3 million.
The City Manager stated the School Committee will receive the information prior to the next meeting.
Ms. Rossi states the Superintendant still does not have any help and the request was made back when Mr. Daft was here and to date we still don't have it.
Mayor Rogers interjected and asked the City Manager if this was approved.
The City Manager stated it was, the position is a Director of Education position akin to an Assistant Superintendant, the position should be advertised.
Ms. Rossi stated the approval didn't ask for the credentials of an Assistant Superintendant, there is no certification requirement so if anything should happen we are back to square one.
We have received countless angry phone calls regarding the elimination of 10 buses. Children are walking on pavement with no sidewalk and no crossing guards. Children are walking past residences with registered sex offenders. They are traveling a quarter mile to a half mile in walking to catch the bus when the bus goes right by their streets. The Budget Commission has been here for 10 months now and we still have plenty of unresolved issues at the School Department and we do not have a budget for the coming year, no contract for the teachers, which expired in October 2011, the superintendant search squashed and Mr. DeGoes is only available for a short period of time. We have not heard if the bonds were sold so that the doors which don't open at the elementary schools can be fixed. We have no way to call a code red on the second floors.
For news, tomorrow there is a meeting with Project 106 and DeGoes to assess new alternatives for middle school sports, to date they have raised about $6,000.
Orlo Playground build day is Friday at 8:00am and all help is accepted.
Ms. Rossi submitted her talking points with highlighted items to be addressed to the Mayor and the City Manager to bring to rest of Council.
C. Council Members
1. Bi-Weekly Update (by Mayor Rogers)
- 78 Anthony Street Sale by Lottery
The Mayor asks the City Manager if David Bachrach can come to the podium to explain the sale by lottery.
Mr. Bachrach states this was a foreclosed home, sitting there deteriorating and the city purchased the home and renovated it. The renovations are completed and they are launching the lottery, a process to sell the 2 story, single family home. The lottery goes on until December 15th and applications are available starting this Friday on the city website, in Room 309 at City Hall and at the Weaver and Riverside Libraries. Persons must meet income qualifications based on household size, set by the federal regulating agency. They need to be prequalified by an agency such as RI Housing or a regular bank or mortgage company. The City will take the first 40 completed applications which are eligible. They are requesting the Mayor draw the winner on December 18th.
- Flooding at Dewey Avenue - update on possible retention pond and information where people can obtain sandbags
Director Coutu stated that to date they have not approved a retention pond because they have to watch where they divert the water so as not to cause another area to receive high water levels. Sandbags are available at 60 Commercial Way if people want to get them in advance of storms they can call DPW at 435-7701 or 435-7741 and in an emergency they can call the police dispatch. If they are disabled or elderly these sandbags can be delivered.
Mayor Rogers asked for an estimate time frame regarding the retention pond. Director Coutu stated they are looking at a number of properties for locations but with vegetation it is more difficult to see clearly, in the fall it will be better to view.
The Assistant Mayor asked would it be this fall and Director Coutu responded it would be.
- Flooding at Roma Street - update from DOT re: effect of I-195 road work
Mayor Rogers asks Director Coutu if he has had any conversations with RIDOT.
Director Coutu states he has, in his report they did receive the very early stages of the design and they did list comments to them asking for assistance and if they could possibly include work to alleviate the drainage issues at this site including a possible retention pond. He noted he is also working with United Water, utilizing their TV camera to check sewers and to check storm drains. They did find significant roots in some areas and have borrowed equipment from them to clean out the roots.
Mayor Rogers asks if this is a similar problem on Grosvenor at the CV Club.
Director Coutu stated it was one in the same.
Mayor Rogers requested that on behalf the people in these areas he would ask that RIDOT please allow these people to come to a public meeting to explain their issues to DOT while they are here working in East Providence.
Director Coutu stated this was a good idea.
- Flooding at Lucky's Restaurant - status of letter to DOT re: new fence blocking owner from clearing brush to prevent flooding
Director Coutu stated there is a drainage channel behind Lucky's which has a pretty good flow during storm events. In the initial conversations RIDOT was hesitant in opening that fence because they are concerned of illegal dumping there. At the same time it is difficult for the owner of Lucky's to open up the fence to clean. They did do some cleaning and he will have to look higher up the food chain at DOT to perhaps build an access gate.
- Winterfest
Director Curti stated there is a meeting at 6:00PM at the Senior Center Cafeteria on October 2nd.
Mayor Rogers asked if the City will we have less expense this year.
Director Curti stated they would. Now they own the lights and the models and with the sponsorships in place.
Assistant Mayor Rose stated that last year there were many more people who wanted to purchase a tree and asked if there will there enough space.
Director Curti stated yes also they break even on the trees it's the lights that are the cost and this would include extension cords. She noted it was very emotional for people who were purchasing trees and dedicating them to a passed loved one. She added that they do have a few vendors who have been invited back and if anyone is interested they should contact the Recreation Department.
- Update from Law Department re: an ordinance banning the automatic delivery of the Thursday paper from the Providence Journal
Mayor Rogers stated he was going to come back with a satchel full of newspapers which he finds as he walks door to door and is going to send to the Providence Journal a photo.
Solicitor Andreoni stated he spoke to Wayne Pellin Vice President of Operations at the Providence Journal who raised the issue of 1st Amendment rights and he also stated that he needed to know where the saturation is taking place and that photos would be helpful. He added he has put out to other solicitors to try to get a group together.
Councilman Conley stated that when this issue first arose other cities and towns were explained the options and were also cited the 1st Amendment issues at stake and this may be why it never went anywhere.
Mayor Rogers stated since they are wrapped in plastic bags they don't deteriorate isn't that littering, and could the Law Department look into that.
- Bentley Street - Residents Concerns
Speaking against no parking on Bentley Street:
162 Bentley Street, William C. Andrade
Ms. Gauley was noted but had left at that point.
The Mayor asked if anyone else wanted to speak on the matter.
The Mayor explained the process when the Council passes an ordinance. He also explained how this issue came about when he was going door to door. It was requested that the Public Works Department need to make more contact on the street to see how people feel and who it will affect. He added that he has no problem reversing the ordinance if the majority of residents do not want it. He is going to request through the City Manager, the ordinance be put back on the docket for reversal and when we do it that Public Works contacts people in the area to let them know we are going to do this so that if they like it they can come back to Council to testify.
The City Manager stated the petition deals with a partial change to the ordinance from Fort to Juniper the revision of no parking from Fort to Mauran due to the width of the street appears not to be warranted.
Mayor Rogers asked if there was anyone present who would object to no parking being lifted from Fort to Juniper and leaving the signs up from Juniper to Mauran.
No one present objected.
Public Works will alert the residents that the ordinance is being revised.
- Recycling Funds for East Providence
Director Coutu explained the City received a check, thanks to all the residents for their recycling efforts, of $96,356.59 Resource Recover sells all the recyclables and whatever the profit is they share 50% of that with all the communities depending on the tonnage they bring. There was $1.6 million statewide and we were very close to Pawtucket though they are larger our percentage is much greater than Pawtucket. Also our percentage is much higher than Providence. The new single streaming will increase this percentage and we are hoping to roll out a new program next spring with larger recycling buckets. If there are any questions on what you can recycle you can contact Public Works and you can be sent a pamphlet on what you can recycle, the best bet is to just be conscientious.
Councilman Conley asked when will the City changing over to the larger barrels.
The City Manager stated that the big barrels he hopes to have take effect in March 2013 and the recommendation has to come from the combined RFP of Pawtucket, East Providence and Central Falls and the vendor will pay for the barrels.
- No Parking Oakley Street
The Zoning Officer, Ed Pimentel came to the podium.
Mayor Rogers asked if on street parking can be used in Zoning Variances and the Mr. Pimentel stated no, that offsite parking cannot be considered with the calculations used for public parking as it is for the use of entire public.
Mayor Rogers asked if he had previously made the suggestion that parking on both sides of Oakley Street would help.
Mr. Pimentel stated that a master plan was submitted about 3 years ago and it is subject to the proceedings of the Zoning Board and it was during those hearings when the petitioner's engineer stated there was on street parking, including Oakley Street, the board has said technically we can't consider it but clearly in areas where it would be of benefit, it would make sense. It can't however offset the deviation. That portion of Oakley Street does not have many residents or businesses, so consideration was given to that petition. It didn't go too far as changes to the plan where made and it was withdrawn and it's been a couple of years since that meeting. I posed the question to their engineer that more parking might help dissuade the concerns of the Board. The engineer is going to have to provide a traffic study and he will argue that the quantity of on street parking makes the short fall not a problem but that is for the Board to decide.
Assistant Mayor Rose stated that one of the problems he has with this and other businesses is that other cities and towns with businesses and parking lots don't have these types of issues. He asked are the City's guidelines a little too strict? As we see businesses leave to our surrounding cities and we have plenty of parking, when you go to the City of Providence they don't but they still find room for parking.
Councilwoman Kleyla asked if our parking for business use requirements differ from other cities and towns.
Mr. Pimentel stated they have a unique situation in Providence and for example Newport, however what we have here in East Providence is pretty standard. Any changes to that the businesses have to go to the Zoning Board and apply for relief.
- Other Issues
The Mayor brought up the issue of bird houses which was brought up under the public comment portion of the docket. He requested that RIDOT be contacted by the Director of Public Works regarding the pigeon issue.
He also discussed the issue Ms. Rossi brought up regarding the new bus routes which are in effect to save money. He stated we have increased the distance a child has to walk to get to school. On Pawtucket Avenue, there are cement blocks where the sidewalks are completely blocked and kids from Swan Street, Roma, N. Rose and N. Spruce who need to get to Martin now have to walk over that bridge with a blocked sidewalk, so they are walking in the main road. He added that even the Director of Public Works couldn't understand why the State hasn't finished this bridge work. The students are walking in the street as they have no choice and wheelchairs are in the streets while cars are honking horns and something has to be done to let the State know that the children are now walking in an unsafe area.
He added the second thing he is respectfully requesting is to ask the School Transportation Director to please do a survey because buses are going by children while they are walking to school and if the bus is not full, if there are 15-20 spaces on the bus, why can't we pick them up? If there is a seat on the bus why are they walking where they never had to before?
The City Manager deferred this item to Interim Superintendent DeGoes to look into as it is a school matter.
Director Coutu stated the reason he was given by RIDOT originally was that the bridge had structural concerns, at end of bridge, and to prohibit any type of live load such as a car or truck from going up on the sidewalk, the jersey barriers were erected. However, they are very heavy and it appears we are years away from getting the bridge fixed and he will draft a letter from letter from the Council or City Manager expressing the concerns.
2. Pawtucket Avenue Bump Update (by Assistant Mayor Rose)
Director Coutu stated they have notified RIDOT to look into utility issues. They also contacted the Water Department who confirmed it is not a water line. He will follow through with RUDOT to get it repaired.
3. Waterfront District Issues (by Assistant Mayor Rose)
Assistant Mayor Rose stated that we are in tough financial times and businesses want to move to East Providence, but there are issues, for example if a business wanted to expand they have a lot of red tape to go through. We should be going out there working with the Economic Development Commission to bring them in not to discourage them. We need to keep businesses in our City and keep people working in our City. He added he feels like we should spend a little more time on these issues and he requested Jeanne Boyle, the Director of Planning to come up with the Chairman of the Waterfront District Commission Bill Fazioli.
They both stated that the zoning and permitting is a lot more flexible than in the Waterfront District than elsewhere in the City as it was designed that way when the district was created, to be more user-friendly. Just two weeks ago we had a hearing on the kettle point property the company up-fronted a lot of money because of this we are very close to finalizing the Eton project. The Waterfront District Commission is actually a more favorable commission. We are happy to work with companies and work this out. Director Boyle stated she is glad the Assistant Mayor brought this particular company to her attention that the truth is it is the actual opposite. We are here to foster that development and we actually met with the business owner and his attorney and were able to set the record straight. We discussed the programs and let them know that they could continue in perpetuity. They were also interested in our 2 Plus 2 Grant Program and it was very unfortunate that anyone might actually be dissuaded. In making comparisons it's clear that the Waterfront District Commission makes it much better for a development to come in adding uses, mixed uses and very flexible parking regulations. Only 85% of parking has to be provided on sit. They can use 15% for street they are allowed higher buildings as well as shared parking and can build right up to the street line. They can build on 100% of the lot. There is no Zoning Board review. A Subcommittee of the panel handles this. It is also expedited within 45 days, including hearings and advertising. The Commission is really engaged and they get it. They have done a tremendous job the State Commission holds up the Waterfront District Commission as a statewide model that local commissions should follow. We will find a better way to get the word out about what we have to offer. We have the most flexible and efficient regulations in the State.
Mayor Rogers asked what is the appeals process if someone is not happy?
Director Boyle stated that would be Superior Court which is the same process as the Zoning Board.
4. Update on the Labor Day Parade (by Assistant Mayor Rose)
Assistant Mayor Rose asked to defer this to the next meeting.
D. Resolutions
1. A resolution regarding tax exemption status for the Columbus Club of East Providence.
WHEREAS, the Columbus Club of East Providence of 3200 Pawtucket Avenue, East Providence, Rhode Island, and organized on February 8, 1940, is a Domestic Non-Profit Corporation that provides for charities for the East Providence Knights of Columbus, and is located in and owns property in the City of East Providence; and
WHEREAS, the Columbus Club of East Providence is presently being assessed taxes by the City of East Providence in the amount of $11,343.83; and
WHEREAS, the Columbus Club of East Providence has no income and has its budget entirely funded by membership club dues; and
NOW, THEREFORE, BE IT RESOLVED that the East Providence City Council hereby supports the following proposed legislation allowing the Columbus Club of East Providence a permanent exemption from taxation.
To be enacted by the General Assembly as follows:
The Columbus Club of East Providence, a Rhode Island Domestic Non-Profit Corporation 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, communication and communication technology and to use, manage, operate, improve, and apply same for the aforementioned purposes. The said corporation and all of their said real and personal estate including registration of motor vehicles 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 the Senators and Representatives from the City of East Providence.
Requested By: Assistant Mayor Rose
Speaking in favor of the Resolution:
Ed Lynch, 123 Don Avenue (02916) in 1956 a law was passed in the State of RI House Bill 7394 for the issue of not taxing non-profits. In 1982, Representative Petrucci amended the bill for properties worth up to $5 million to $10 million. He is requesting that this be turned over to the Law Department to be researched.
A motion to approve the resolution is made by Assistant Mayor Rose, seconded by Councilwoman Kleyla
Under discussion Councilman Conley stated that there are not any representatives from the Columbus Club here tonight but they have been here on prior occasions in support of this resolution. The council has made it clear before but it is critical to note again since the recent history on organizations which we have approved for tax exempt status the Budget Commission have determined were not entitled to the tax exemption. The Budget Commission has reversed our vote and the resolution goes nowhere. Unfortunately we don't have jurisdiction to pass budgets etc and it falls within their jurisdiction. I want the members to know that is where they need to go, our action tonight is ceremonial at best, because we have no authority. It is great to express support but I want them to know that they still need to convince the Budget Commission of their position.
Assistant Mayor Rose stated that if the Council passes this the Columbus Club are also going to the State level to try to get the support at that level as well.
and on a roll call vote it is unanimous with Mayor Rogers Recusing.
E. Communications
1. Gerald Read, 65 Kingsford Avenue (02915) requesting to address the Council regarding a parking ban for the area around his home.
The requester is not present.
A motion to receive the item as information is made by Assistant Mayor Rose, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous.
VIII. ADJOURNMENT
A motion to adjourn at 9:30PM is made by Assistant Mayor Rose, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous.
Approved By Council: October 2, 2012
Attest: ________________
City Clerk