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| CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING January 8, 2013 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
A. New Claims
1. Sharon Burns
2. Luis Raposo
II. CALL TO ORDER
III. SALUTE TO THE FLAG
IV. TO APPROVE THE CONSENT CALENDAR
A. Letters
1. Coastal Resources Management Council January 2013 Calendar.
B. Council Journals
1. Regular Meeting December 18, 2012
A motion to approve the Consent Calendar is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote it is unanimous.
The City Manager introduces the Acting Fire Chief Oscar Elmasian. Chief Elmasian speaks briefly.
V. PUBLIC COMMENT
1. Laura Shehan regarding the Entertainment License will wait to speak until that item is discussed.
2. Chris Smith regarding 2 hour parking on Taunton Avenue will wait to speak until that item is discussed.
Unanimous consent is granted to move the Wainwright presentation up on the docket. The Pension fund was 33% last year and 30% this year, though it was a good turn around regarding investments. This year was a good year funding at 100% if only 33% were funded they would not be making enough to cover outgoing expenses.
Mike Dwyer and Jeff Fabrisio speak regarding the asset management side and liability side. They handle the asset management side and invest in the best possible way to reduce the risk but also get investment returns.
Councilman Cunha asked if they have managed futures.
The response is no not specifically. The hedge funds have some exposure to those they don't really have one but are looking for good combinations that mix well together.
VI. LICENSES REQUIRING PUBLIC HEARING
A. Entertainment License - Amend to Remove Stipulation
PWRPJ, Inc. DBA Rockin' Times, 478 Waterman Avenue (02914), Philip Riggi, 61 Whitford Street, Warwick (02889)
Bob Brady is the attorney for Rockin' Times. He is present and discusses the following. This stipulation was placed on the business 24 years ago and several owners ago. The stipulation he states that all music cease at 11:30 instead of 12:30 which is what is the standard for all other bars in the area. They have not been the subject of any complaints. There are several other businesses in the area and all enjoy the standard 12:30 closing time. They are asking the Council to remove the stipulation.
The Solicitor swears in Philip Riggi, the owner, who states he has held the license for 15 years and has not been notified of the restriction of the closing time of 11:30 for all music. He has not had any complaints and no one has ever contacted the police or city. The business could not survive if they had to cease all music at 11:30PM. There are 6 other lounges and bars in the area and all have entertainment licenses with 12:30AM closing times listed on the license.
Chief Tavares speaks regarding complaints. There have been 8 loud music complaints and 10 disturbances of the peace complaints or requests for dispersals in 2012. In 2011, there were 20 calls for service of that half were associated with loud music or disturbances. In fairness to the business he has prepared a package for them to review and it should be known it is not to say the location is problematic or that it is a huge number of complaints but I do have to acknowledge them. EPPD complaints were mostly loud music and did come after 11. EPPD will look at all the other establishments in the area to make sure that this establishment is no worse or better than the rest. At any bar you will have complaints and incidents.
Councilman Cunha asked if they are relatively low for average complaints.
The Chief replies they are but the complaints do exist and this is when they actually call EPPD to complain.
Mayor Briden asks if the loud music complaints are due to the doors being open causing the music to be heard.
Chief Tavares stated that sometimes that can be an issue as it may get hot inside some establishments. In many cases in these types of situations the officer will not issue sanctions they will just have a conversation and visit the establishment and the music will be lowered or the door closed. In the case of this establishment the EPPD never had to return to warn them again that would be when take further action would have to have been taken.
Speaking against the lifting of the stipulation:
Pedro Rohas, 475 Waterman Ave - has witnessed a lot of what has been said and is opposed to extending the hours because the music is being played loud and it gets out of control at the end of the night. He has called the police due to loud music being played late past midnight and patrons leaving at end of night being extremely loud with arguments or fights. There are other bars but in his case his house is right next to Rockin Times. He stated he calls the police 3 times a month if not more. When he calls the police the noise mostly stops.
15 Martel Street: opposed stating the business broke the law for all those years that they did not follow the stipulation and they should not be rewarded. There is a 3 family house behind the establishment with children who have to go to school the next day. Customers stay outside until 1:30 or 2:00 in the morning. It's a young crowd and the police have had to be called to break up fights. They leave drunk from there and the other bars.
475 Waterman Avenue - Laura Sheehan if his time was 11:30 and wants to go to 12:30 customers will just consume more alcohol. It is very disturbing when the bar closes. She adds she can't use the bedroom nearest the bar and she is constantly picking up discarded beer bottles.
Sandra Johnson, Seekonk own the property located next door. She states there have been problems on the street for years and years because of the bars. She has to let her tenants know about this when she rents. She tells them to call the police. She knows because she used to live in the house with her children. This is no way for people to live. Patrons stay out in front and throw trash and beer bottles, there is loud screaming and fights. Any bar that has been there it is the same now with cigarette smoking banned inside they are outside smoking and are loud. It is very destructive.
Attorney Brady states he stands by what he said that they have never been cited for any problems. Even the business has called the police when a customer becomes an issue. It's a business district and there are 6 lounges or bars a stone's throw away. These businesses close at 1am and they are still open to 1am whether or not the music ends at 11:30PM. The neighbors have never contacted the owner and he has never received a citation from EPPD or Council
Councilwoman Rossi asked the owner if he will lower the karaoke.
The owner states he will.
Assistant Mayor Rose states if the Council wants closer monitoring they could grant the lifting of the stipulation for 6 months and then review.
Councilwoman Rossi states the owner only wants no more or less than the other establishments are receiving.
Councilwoman Capobianco states she feels for the renters however it sounds like the Chief is stating it is not a big problem and patrons will still be exiting the establishment at 1AM regardless.
A motion to approve the removal of the license stipulation is made by Councilwoman Capobianco, seconded by Councilwoman Rossi and on a roll call vote it is unanimous.
VII. NEW BUSINESS
A. City Managers Report (by City Manager Peter Graczykowski)
1. Departmental Activity Update
Director Boyle was called to speak on the multifamily development at Kettle Point. She will have a fiscal impact statement and details and there will be action before the City Council regarding the tax increment financing and other items within the 6 month period.
2. Budget Commission Activity Update
The Budget Commission requested further information regarding the costs of the repairs on the police cruisers vs newer vehicles. This item will be on the January 17th Budget Commission agenda for approval of all phases at one time with timelines.
A 5 minute recess is called.
3. Revised Street Sweeping Proposal
The City will be street sweeping all streets twice a year and main roads 3 times a year.
Assistant Mayor Rose addressed the additional fuel cost listed on the sheet and asked wouldn't be increased as that person is already working on other vehicles which fuel would be used on. Therefore it is no additional fuel cost. Increasing the street sweeping is better than what we have done to date and it will help.
There is no Council objection. Street sweeping will start in April.
4. Christmas Tree Recycling Chip-A-Tree 2012-2013
The program runs December 26 - January 15 there is a list of drop off sites or curbside collection from January 3-20. The trees are used for mulch.
5. Police and Fire Pension Plan Information Request
This item was already addressed.
6. Municipal Surplus Properties Real Estate Broker RFP Update
The City has received permission from EPBC to conduct the RFP for a commercial realtor.
7. Budget Information Request
The Budget Information request was provided to Council with a copy of the BPR budget planning report which was prepared by the Budget Commission to show the 5 year plan this is then used to generate the operating budget.
8. Rental Fee Information Request
Rental fees fall under the School Department this item should be addressed to them for a response. Assistant Mayor Rose states there is a fee for a light director of $300. Both Councilman Cunha and Assistant Mayor Rose state they have a huge problem with a $2000 fee for renting the High School. They request the City Manager please bring this item to the Superintendent for response.
9. Closed Library Buildings - Status Update
The books have been removed from the Rumford Branch and the phones disconnected. The furniture has been removed, the shelving and built-in desks remain. The Fuller Branch and they will need a couple of more weeks to remove the books and the City can't winterize until they are removed.
Ed Catelli speaks and states they will shut them down next week once all the books removed.
B. Reports of Other City Officials
1. Claims Committee (by City Solicitor Orlando Andreoni)
Pursuant to R.I.G.L. § 42-46-5(a)(2), a motion is made by Councilman Rose and seconded by Councilman Cunha to convene in closed session for the purposes of discussing claims & litigation. Upon a roll call vote: Mayor Briden – Aye, Councilwoman Capobianco – Aye, Councilman Cunha - Aye, Councilman Rose – Aye, Councilwoman Rossi – Aye, the motion is approved 5-0.
EAST PROVIDENCE CLAIMS COMMITTEE
CLAIMS & LITIGATION REPORT
TUESDAY, JANUARY 8, 2013; 7:00 P.M.; ROOM 101
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NEW CLAIMS
SHARON BURNS $300,000.00
RM No. 10-068, Claim No. 12-048
Claim for personal injuries sustained as a result of an accident with a City dump truck. Recommend referral to the insurance company.
Motion by: Councilman Cunha Seconded by: Councilman Rose
Motion: Refer the claim to the insurance carrier.
LUIS RAPOSO $225.00
RM No. 12-066, Claim No. 12-045
Claim for reimbursement of expenses incurred as a result of a sewer backup caused by roots from a City tree. See recommendation of the Director of Public Works..
Motion by: Councilwoman Capobianco Seconded by: Councilman Rose
Motion: Approve the claim in the amount of $225.00.
A motion to approve the Claims Committee Report is made by Assistant Mayor Rose, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
C. Council Members
1. Economic Development (by Mayor Briden)
One important role of the Council is to promote our City and to report on positive events and facilitate investments. Mayor Briden refers to a front page Sunday Providence Journal Article entitled "East Providence Rising". This is the biggest development project in the State. It could reach $1 billion. Grow Smart Rhode Island featured the district as a great model and game changing product. It contains a great time line since 2004 and the credit can be attributed to Director Jeanne Boyle and the Planning members of the Waterfront Commission. Mr Fazioli the Acting Director was featured in a Boston Globe article which talked about East Providence offering a family oriented, old school vibe, featuring the bike path in a photo. It is good to focus on this. We have really good things happening in East Providence and it can be a catalyst as the economy improves.
2. Department Procedures (by Assistant Mayor Rose)
Assistant Mayor Rose stated he would like to see employees understand there is a pyramid effect, there is a department head and there is a chain of command to follow. The department heads should also follow the pyramid all the way down and look harder to do this. We are in trying times so it's important to take a little extra time to look into what is going on in your department to make things easier. Also the he would like the City Manager to look an ATM machine in City Hall and at the EPPD similar to other towns if it is no extra cost to the City it can provide for an easier payment situation.
3. Street Sweeper (by Assistant Mayor Rose)
This item was already addressed.
4. Voluntary Donation Checkbox (by Assistant Mayor Rose)
This would be a voluntary check box located on resident's tax bills. For example it could be used for projects such as middle school sports funding. The funds collected would go into an earmarked account for those projects. One or two dollars might fund our Middle School Sports or Full Day K.
The City Manager referred this item to the Finance Director to research how this could be implemented with the current bills. This would be an addition donation to an earmarked or segregated fund for a specific purpose.
5. Request for an ordinance removing the two hour parking limit on Taunton Avenue (by Councilwoman Rossi)
Councilwoman Rossi stated that she has heard from both sides on this issue and she would like an ordinance drafted that would help Mr. Smith out. He has a business and a multifamily home and enforcing the two hour time limit all of a sudden is hurting him.
Councilman Rose stated there is an elderly home in that area. What happened many years ago was that people were just parking their cars there all day and people couldn't access the businesses including people parking their cars and getting on buses into Providence for the day.
In favor of ordinance to lift the 2 hour parking limit:
242 Taunton Avenue - they own a karate school and they have to be there all day and have to rely on street parking.
Mayor Briden states he feels it would be best to hold off on drafting an ordinance and perhaps the Director of Public Works could take a look at the situation study it and report back to the Council.
Mr. Smith speaks and asks if the City could exercise a little discretion in that area. If there are 15 empty parking spaces then they don't need to chalk the car.
The City Manager states that the City has to enforce equitably.
Chief Tavares states that they can be flexible to a point. The issue here is not to flip flop after telling the officers to enforce.
Councilman Cunha states they should give it two weeks to be worked and studied.
Mayor Briden suggests no action be taken right now officially and to let the Chief work on it.
The City Manager stated they will make this a priority and get back to council with the traffic on docket in two weeks.
6. Volunteers Wanted (by Councilwoman Rossi)
-Soccer Task Force
-Skate Park Committee
-Ward Food Pantries
-Donation Stations
-Economic Development
-Neighborhood Improvement
-Parks and Recreation
-Elderly Affairs
-Home-Ec at the Rec
-Community Service Hours
7. Committees and Commissions: Appointments/Vacancies (by Councilwoman Rossi)
The City Clerk reads the available spaces on the Boards and Commissions.
8. School Department Update (by Councilwoman Rossi)
Councilwoman Rossi states that the closing of Oldham School should not happen. They have been provided with no fiscal impact statement. There are no benefits to education and it's leaving a whole in Riverside. She is asking the School Committee to do due diligence and get more information before making any decisions.
-School Closing Proposals
-Superintendent Search
-Vacant Admin Positions
9. Real Estate/City Surplus Buildings - Update on RFP process (by Councilwoman Rossi)
This item was already addressed.
10. Highway Superintendent Position - Update on posting of position (by Councilwoman Rossi)
The Highway Superintendent recommendation was supposed to be on next Budget Commission agenda but it was not ready. They will need to address it on the 17th, as soon as possible, the documents must be submitted by Friday and this needs to happen.
11. Legal RFP - Update on committee progress (by Councilwoman Rossi)
The Legal RFP Evaluation Committee has their first meeting tomorrow at 1pm.
12. Budget Commission Exit Strategy (by Councilwoman Rossi)
They have been here 14 months and the budget is still not 100% balanced. What does it take to get them to move along, what is the criteria to get them to leave the City.
The City Manager responds this is best addressed by the Chairperson of the Budget Commission and he will forward the questions to her.
13. Police and Fire Pension Fund (by Councilwoman Rossi)
This item was already addressed.
-Presentation by Wainwright the Pension Fund Manager
-Update on how we are funding it by Finance Director
14. Carousel (by Councilwoman Rossi)
A motion is made by Councilwoman Capobianco, seconded by Councilwoman Rossi to allow the RFP to proceed.
Solicitor Andreoni gave a legal opinion in writing to the Council and since the inception the carousel, the land, park and beach all belong by deed to the City. The Budget Commission is trying to decide on clarification of a couple of items, including employees, funds and buildings. In the quest of ownership Mr. Andreoni stated he spoke with former Solicitor now Senator Conley who let him know that if a 501(c)(3) non-profit collects the funds a public entity cannot control what happens with the money.
Director Moore reported he would confirm there were two separate accounts.
The question arose as to whether the information Mr. Andreoni had provided would satisfy the Budget Commission and if not what is it going to take.
Bruce Rogers came to the podium and asked the City Manager to use the Law Department and the court decree and bring this to the Budget Commission.
As the Treasurer of the Carousel, the City Clerk spoke and let Director Moore know that there are two separate accounts Operating Expenses which is money collected from the ride itself, a donation account for the 501(c)(3) and a trust fund.
- RFP Update
- Ownership Explanation from Legal
15. Groundwork Providence Potential Partnership -Environmental Job Training (by Councilwoman Rossi)
They are interested in partnering with East Providence. It's a job training program and a partnership which can be done with the Parks Department. Councilwoman Rossi stated she is asking City Manager to speak with the Park's Director to take a look at the program. It doesn't cost the City anything and it is partnered with RIDEM. The City Manager stated he would have information back to the Councilwoman by the next meeting.
Assistant Mayor Rose stated this might also help out with the community gardens idea as well.
Police Department Facebook Page (by Councilwoman Rossi)
Pawtucket has a page and does a great job when they are on the hunt for a fugitive by placing the photo on the site. If a person has a tip they call the police. She would like to see East Providence entertain looking into this.
Chief Tavares spoke and stated they have been exploring social media. It is important it is used appropriately and he has touched base with the IT Department about it. It is a goal for the police for 2013. Twitter is another great tool but we have to make sure we are handling social media properly and that we have the expertise and technical support we need.
D. Communications
1. Freddie Rybka, 9 Cozzens Avenue (02915) requesting to address the Council regarding removing snow from city sidewalks, who is responsible for issuing the fines and where do the fines go to insure compliance?
Mr. Rybka addressed the breakdown of ordinance, where report, and asked who is shoveling for elderly, last year they had volunteers who helped.
Director Coutu came to the podium and stated last year the Council approved the snow removal with the fines and this is associated with the Engineering Division who inspects. They are focusing on the primary areas, school and high pedestrian areas. The first offense fine goes through Municipal Court for the appeal process. The City and residents are getting better, when a person drives around they will see it.
2. Bruce Rogers, 500 Warren Avenue (02914) requesting to address the Council regarding appointments, the legality of appointments made on inauguration day.
Mr. Rogers made the observation that the Budget Commission may not know municipal law, they may know finances but not the concurrent term of appointees serving now, they are concurrent with previous Council so they are serving illegally. It is also illegal to make part of the motion pending the ok of Budget Commission. This did not cover the new people who are appointed because the Budget Commission did not approve them yet. This practice could cost the City money per any action taken against any pending employee. He added that he encourages the Budget Commission to act immediately or make the appointments again without adding that portion of the permission of the Budget Commission. If the City is sued by a taxpayer he feels the City is in trouble and he feels the Council should have the Budget Commission call an emergency meeting and make those appointments.
3. Anthony Ferreira, 44 Brightridge Avenue (02914) requesting to address the Council regarding City employees/personnel’s attitudes when the general public comes to City Hall with questions and/or issues.
Mr. Ferreira noted he spoke with the Director of the department already and he is addressing the issue.
VIII. ADJOURNMENT
A motion to adjourn the meeting at 11:43PM is made by Assistant Mayor Rose, seconded by Councilwoman Rossi and it is unanimous.
Approved By Council: January 22, 2013
Attest: _______________
City Clerk