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| CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING January 22, 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. Sao Realty Co., Inc.
2. Tod Sirmalis
B. Pending Claims
1. Radius Marketing Group, LLC.
C. Litigation
1. Tabatha Glavin vs City of East Providence
II. CALL TO ORDER - 7:45PM
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. Coastal Resources Management Council Public Notice regarding commercial wind energy leases and approvals.
2. Coastal Resources Management Council Agenda Semi-Monthly Meeting, Tuesday, January 8, 2013.
3. Coastal Resources Management Council Extension of 60 Day Public Notice Deepwater Wind Block Island permit application.
4. Coastal Resources Management Council Agenda Semi-Monthly Meeting, Thursday, January 17, 2013.
5. Resignation/moved out of the City, Conservation Commission appointment of Frank Dias.
B. Alcoholic Beverage Class F-1
St. Francis Xavier Church, 81 North Carpenter Street (02914), Anniversary Dinner, January 27, 2013.
C. Council Journals
1. Regular Meeting January 8, 2013
A motion to approve the Consent Calendar is made by Assistant Mayor Rose, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
V. PUBLIC COMMENT
1. Freddie Rybka - All Day K
2. Tony Fereirra - Street Lights
VI. PROCLAMATIONS AND PRESENTATIONS
Northeast Economic Developers Association (NEDA) presentation of the 2012 Project of the Year Award to PK Rumford, LLC and the City of East Providence for the Rumford Center mixed use development project, Executive Director Eric Anderson and President Scott Gibbs
VII. APPOINTMENTS
A. East Providence Housing Authority Re-Appointment (by Mayor Briden)
Richard Smith, 26 Brookfield Road (02915)
A motion to approve the appointment is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote it is unanimous.
B. Board of Assessment Review Re- Appointment (by Assistant Mayor Rose)
Peter P. Calise, 125 South Blossom Street (02914)
A motion to approve the appointment is made by Assistant Mayor Rose, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
C. East Providence Waterfront District Commission - Re-Appointment (by Councilwoman Capobianco)
Steven Hardcastle, 20 Beech Tree Road (02916)
A motion to approve the appointment is made by Assistant Mayor Rose, seconded Councilwoman Capobianco and on a roll call vote it is unanimous.
D. Traffic Control (by Assistant Mayor Rose)
Henry D. Rose, 106 Sweet Briar Avenue (02915)
A motion to approve the appointment is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote it is unanimous.
E. Ancient and Little Neck Cemetery Re-Appointment (by Councilwoman Rossi)
Michael Znosko, 12 Catalpa Street (02915)
A motion to approve the appointment is made by Councilwoman Rossi, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.
F. Zoning Board of Review - Alternate (by Mayor Briden)
Gary S. Pascoa, 152 Summit Street (02914)
A motion to approve the appointment is made by Assistant Mayor Rose, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous with one abstention from Councilman Cunha.
G. City Solicitor
Timothy Chapman, 53 Wendell Street (02915)
A motion to approve the appointment with the annual fixed fee (1099) compensation with no benefits payable biweekly at $65,000 is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote it is unanimous.
H. Assistant Solicitor
Gregory Dias, 349 Warren Avenue (02914)
A motion to approve the appointment with the annual fixed fee (1099) compensation with no benefits payable biweekly at $40,000 is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote it is unanimous.
I. Assistant Solicitor
Robert Craven, 25 Highland Road, Saunderstown
A motion to approve the appointment with the annual fixed fee (1099) compensation with no benefits payable biweekly at $40,000 is made by Assistant Mayor Rose, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
VIII. NEW BUSINESS
A.City Managers Report (by City Manager Peter Graczykowski)
1. Google Settlement Update
The City Manager reported that the City will be allowed to use $49.2 million in asset forfeiture funds/Google money to fund the underfunded police portion of the pension plan. The Department of Justice, and Senators Whitehouse and Reed were instrumental in helping to secure the funds. The entire plan will be lifted out of the critical level immediately. The City will hopefully get to 100% funded that much quicker and they are working on what this means in terms of the cash flow. The City is half way there but still will have to make 100% of the ARC payments. The City will be providing an actuary update to the figures and will bring that back to the Council.
Assistant Mayor Rose asked in regards to funding the ARC is there anything we can do to give our intentions a little more bite so the City will be required to fund the ARC at 100% so that underfunding can't happen again. Perhaps we could draft a Council Resolution because this plan has been neglected for over 10 years.
The City Manager stated the Department of Justice is very interested in that the union and taxpayers fund at 100%. There is a City ordinance stating that the City must fund but that has not stopped the previous administrations from underfunding. This could be a Charter Amendment and we can give this to the Law Department for review to make sure it's permanently in the Charter in the future that we always fund the pension.
2. FY 2014 Governor's Budget - State Aid Update
The City Manager reported as part of the Council packet, he included a simple chart which shows the difference between last year and the proposed State aid items this year. One of interest is the local roads program for East Providence. This is the first time the State used this proposal to fund local roads. The education aid is going up about $2 million. There is a slight decrease in library aid. There is an increase in the meals and beverage tax. The City will monitor the budget closely and keep the Council informed.
3. Hardest Hit Fund RI
The City Manager announced this program has $79 million which is funded by the Treasury and administered by RI Housing. The cutoff date for applications is January 31st contact 277-1500 for more information.
4. Budget Commission Activity Update
The Budget Commission met on January 17th and they received an update from the finance officer regarding a draw down schedule for first issue of TANS. This will be done in two $5 million installments. There will be one installment in February and one in April.
Regarding collective bargaining there have been a couple of tentative agreements and gap agreements, regarding implementing the new health care plan.
A joint recommendation from the superintendent and the City Manager to hire a candidate for the permanent consolidated Human Resource Director, Katherine Waterbury was completed. She has 16 years experience both in the private and public sectors and she will start full time at a salary of $95,000. This is a non-union position and a savings of $100,000.
The Budget Commission also approved a couple of personnel action items from the School Committee. The head swim coach and assistant swim coach this was retroactive to November 2012. The City requested to post and to fill the new senior accountant position as part of the reorganization of the Finance Department. They also voted to fill the highway superintendent position. They approved the request to extend the Sunday library hours which are a combination of overtime and part-time staff.
They granted the extension of the AMS Finance Services, John Cimino and the extension of the pricing for the financial advisors to the pension board. They approved the purchase of vehicles and generators for Family Service RI via asset forfeiture funds which is a shared expense allowed. This position performs functions for EPPD and instead of CDBG funds being used the City Manager commended the Police Chief for having a creative approach. They approved the bid and purchase of a compost screener as the old one is in really bad shape and it is a cost avoidance issue.
The minutes from the Tax Board of Review will come back before the Commission at the next meeting for possible review. There will be a public meeting regarding the proposed closure of Oldham Elementary School at the Riverside Middle School this Wednesday at 7:00pm and someone from the Commission will be present.
The Tax Offset Program which runs from October 1-December 31 collected an additional $2.5 million in arrears not previously collected. The Commission took no action on the Solicitor and Assistant Solicitor appointments. The other appointments made on December 3rd were all approved.
Assistant Mayor Rose asked about the Carousel and why the RFP has not yet been approved by the Budget Commission for the desperately needed repairs.
The City Manager stated this item was deemed not ready to go on the agenda by the Commission staff. This was mostly due to the legal opinion.
Assistant Mayor Rose said that in order to open on time, Easter Sunday, March 31st, two horses need $5000 in repairs. This is very imperative and the City needs to put more time into this to get it on the next Commission docket.
Councilwoman Rossi asked how can the City tell a 501(c)(3) what to do with the money that it collected. The Solicitor gave an opinion already concerning where the money should go and how it should be spent. Can you call the Chair and find out exactly what it is they need?
Solicitor Andreoni stated he would send a letter.
Assistant Mayor Rose stated please do so tomorrow and also email it to the Chair and cc the City Manager, Mayor Briden and the City Council. Adding he would like this on the docket at the next Commission meeting.
5. Street Light Management Program Update
In November 2012 the Budget Commission approved the idea to have an annual regarding the fixed maintenance cost and the estimated energy charge to the City for Street Lights. The City hired a company, Source One to do a study. They determine the areas that have excessive lighting and include traffic safety concerns the company provided different options to control these costs. There are a large number of fixtures which will be red-capped which means temporarily shut off the red cap indicates a temporary shut off. Some lights will be turned back on and some will be removed permanently, 1,100 will be removed permanently. The temporary shut off gives us enough cash flow to pay for the removal of those we wish to keep off. There will be a list posted with every phase of the program and the first phase will start soon. There will be PR and it will be posted on the City website. This is not ideal but it will eventually get the lighting to a reasonable level while maintaining safety.
6. Closed Library Buildings - Status Update
All the books have been removed from both facilities and the City will shut off the utilities this week.
7. Departmental Activity Update
The City Manager provided highlights of the Department Reports.
8. Recommendation Regarding Taunton Avenue Parking
The Police Chief and the Director of Public Works came to the podium. They worked together on this matter. The easy solution is to extend the 2 hour parking to a 4 or 6 hour limit thereby discouraging the bus travelers and allowing those business owners who have raised the issue to not having to run out every two hours to move their vehicles.
Assistant Mayor Rose mentioned a State Resolution which was passed and ratified regarding State roads and in particular, Taunton Avenue in East Providence having to have a 2 hour parking imit.
Councilman Cunha asked if in that small area could the City just terminate that parking so that there are no restrictions?
The Director of Public Works cautioned what about for the next person who wants to make an exception for their street. If you make it for one business you could potentially run into an issue later one.
Councilman Cunha stated that this seems to be the only area where businesses are not in favor of 2 hour parking.
The Chief stated whatever is decided needs to be equal and fair but what would also prevent the bus commuters from parking all day blocking up spots for businesses.
Councilwoman Rossi stated that we waited two weeks since we heard from the neighbors in this area asking us for relief. We now have a recommendation. Why do we need to wait another two weeks to research a State resolution?
Councilwoman Capobianco makes a motion to approve a parking schedule change from 2 hours to 6 hours. Councilwoman Rossi seconds the motion.
Director Coutu is instructed to prepare an ordinance to be put on the docket for the next meeting to reflect that change.
A motion to send the proposed ordinance change to the Public Works Director and the Law Department to draft an ordinance for the next Council docket is made by Councilwoman Capobianco, seconded by Councilwoman Rossi and on a roll call vote it is unanimous.
9. Groundwork Providence Update
The City Manager stated that it appears that the Parks Division is very interested in doing this and can devote time to doing it. The cost of $18,000 for a green team he is not sure if City can support but understands Councilwoman Rossi has been speaking out to help seek funding via grants through the State. The City Manager stated he would also ask David Bachrach if this is a program which could use in CDBG funds. The City Manager thanked Councilwoman Rossi for insisting on the field trip to the Bristol/Warren site.
10. EPPD Facebook Update
The City Manager stated he received a response from the Chief regarding Councilwoman Rossi's questions of an official Facebook presence for the EPPD.
The Chief came to podium and stated that as mentioned at the last meeting he is all for social media but they want to set policies and controls in place. He has spoken with IT and created a list of items to pursue, not only this but twitter and others and he will be pursuing social media.
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 Councilwoman Capobianco 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 22, 2013; 7:00 P.M.; ROOM 101
====================================================================
NEW CLAIMS
SAO REALTY CO., INC. $350,000.00
RM No. 12-044, Claim No. 13-002
Claim for compensation for damages suffered to the claimant’s property located at 1293 South Broadway during the September 5, 2012 rain storm event. Recommend referral to the insurance carrier.
Motion by: Councilman Rose Seconded by: Councilman Cunha
Motion: Refer the claim to the insurance carrier.
TOD SIRMALIS $201.71
RM No. 12-076, Claim No. 13-001
Claim for reimbursement of expenses incurred as a result of striking a pothole on Risho Avenue. See recommendation of the Director of Public Works.
Motion by: Councilman Rose Seconded by: Councilwoman Capobianco
Motion: Deny the claim.
PENDING CLAIMS
RADIUS MARKETING GROUP, LLC. $13,976.61
RM No. 12-067, Claim No. 12-046
Claim for monies due and owing by the City for services provided, specifically, the production of August 2011 water bills, shells and envelopes.
Motion by: Councilwoman Capobianco Seconded by: Councilman Cunha
Motion: Approve and recommend settlement in the amount of $5230.55.
LITIGATION
TABATHA GLAVIN VS. CITY OF EAST PROVIDENCE
C.A. NO. PC11-6762
Settlement Agreement
Motion by: Councilman Rose Seconded by: Councilman Cunha
Motion: Defer for further review.
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.
2. School Committee Update (by School Committee Member Tony Ferreira)
School Committee Member Ferreira asked who would be attending the public meeting on the proposed closing of Oldham School
It has been stated that the Budget Commission really wants the Superintendent to close two schools and the next one is Whiteknact and the public should know about this.
The numbers they have been looking at just aren't going to work and they can't work. When the Superintendent is asked about this he says these are the number they gave me. Who are the they? He added that he hopes the answers can be provided. The roof pricing they were going use is for a state of the art roof and is literally seagull-proof in case they drop clam shells from the sky. It's a 3 tier rubber roof. This is not a fair cost to use.
Councilwoman Rossi asked where are we supposed to put these kids when our schools are already at 90% capacity?
The State did an analysis regarding empty desks and they look at it and say fill the empty desks regardless of where they are its not dollars but desks but they are not figuring the $60,000 per bus. The School Committee has no one to approach we have zero information. For example how many bids were provided on the roof?
Putting a 5 year old on a school bus for hours, there has to be a better way. The buses have no air conditioning kids are on them for 55 minutes each day. We don't do this to our pets. Those who came up with this decision won't be here when this is implemented.
Councilwoman Rossi stated this is disgusting. What we are allowing these people to do to our school department, what about property values, no one is thinking about the NEECAP scores. The dilemma we are going to have going forward we are all going to have to start working together.
C. Council Members
1. Police and Fire Pension Board (by Mayor Briden)
Councilman Helder Cunha
A motion to approve is made by Assistant Mayor Rose, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
2. Revaluations (by Assistant Mayor Rose)
Tax Assessor Hazard provided a summary. The company does the first two phases they are the land study and the building study. They study all the sales to set the values. They visit all the properties from the outside to determine the sales are valid sales. They determine the consistency in the neighborhoods. This phase will be finished this Friday. They adjust the models and all are updated in a database. Residential will be completed by end of month. The Assessor's Office reviews all the data and by March 7th and sends out notices to tax payers to let them know the new value on their property. The values will come back to the Council prior to March. They are expecting the values to drop 10-15% just because the value of the property drops doesn't mean your tax rates drops the rate gets adjusted up so the City comes up with the same amount of money. Through an informal hearing process adjustments can be made they adjust the data and that is used for tax bills in 2013.
The Assessor discussed the levy and what drives values down as well as the general trend facing all cities and towns particularly in our State.
Councilman Cunha asked when will they have hard numbers?
The Assessor stated by the end of April. If commercials revals drop 30% and residential drop 15% then more of a burden is on the homeowner. However, in this case they are looking at pretty much the same drop and taxes should be about the same. Adding areas that were once more desirable no longer are such as Newport Avenue near the Pawtucket end. For residential there are no real serious neighborhood issues it's just pretty much the market in general since 2007 its dropped 3-4% a year.
3. Facility Fees (by Assistant Mayor Rose)
Assistant Mayor Rose brought a sample response from a recent filing for rental space that the East Providence Little League applied for. The fees in some cases have doubled in one year. He stated people aren't going to use our facilities it's not helping the organizations or the City. We are driving our own people out of the City with these fees they are unreasonable. These people are tax payers and they care about the facilities as well. This is going to continue to happen and they are going to continue not to rent and that dollar amount you thought you were going to raise isn't going to happen. They will go elsewhere.
Councilman Cunha asked who determines the fees.
The City Manager stated the School Department and read from email response from the Superintendent.
Assistant Mayor Rose stated this is a public building and these are taxpayers and it is a drastic change in some cases the amount increased by 50% and the School Committee made that decision.
Councilwoman Rossi spoke stating the School Committee had not voted for these increases but rather due to the loss of management employees many of the schools and secretaries are left to interpret the document themselves and are in fact interpreting it wrong and often different at each school. If they follow the fee schedule voted on by the School Committee there are little to no changes in fees.
The City Manager stated he would contact the Superintendent regarding the procedural issue of the interpretation.
Assistant Mayor Rose stated the City also should look to other areas such as fees from ATMs located in City and the EPPD and the donation check box on the tax forms going out this spring to help pay for some of these programs.
4. Welcoming Businesses to East Providence (by Councilwoman Capobianco)
Councilwoman Capobianco stated that she would like to welcome Skyzone to the City it is an indoor trampoline park and they opened in December 2012, they are located at 70 Pawtucket Avenue. She added she is happy they chose to locate in East Providence and she welcomes them to the City. She is planning on attending the ribbon cutting ceremony and will be presenting a certificate at Thursday's grand opening. She would like these type of welcome certificates to be used when businesses locate to East Providence.
D. Introduction of Ordinances
1. An ordinance pertaining to a four way stop sign on Waterfront Drive northbound and southbound traffic at Mauran Avenue.
AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “VEHICLES AND TRAFFIC”
SECTION I. Subsection (b) of Sec. 18-269 entitled “Stop and yield intersections designated; when stops required.” is amended by adding thereto the following:
Waterfront Drive (northbound and southbound traffic) at Mauran Avenue
SECTION II. This ordinance shall take effect upon second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Director of Public Works
A motion to approve the ordinance for first passage is made by Assistant Mayor Rose, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
E. Communications
1. Bruce Rogers, 500 Warren Avenue (02914) requesting to address the Council regarding local ballot referendums and whether or not the City Charter changes have been made.
Mr. Rogers stated that the voters approved the charter changes. They have been made effective upon passage and no further action is required. He wants to be sure that the City is putting away the money it is supposed to be putting away in the Rainy Day Fund.
The City Manager stated they have been since the ordinance was passed. Adding the Charter Amendments have been sent to the General Assembly for Ratification although there are varying legal opinions regarding whether or not this ratification is even necessary.
Mr. Rogers asked if people will get regular reports on how much money is in the Rainy Day Fund.
The City Manager stated they can give quarterly reports and requested the Finance Director to do so.
2. Ed Porier, Jr., 15 Bucklin Avenue (02914) requesting to address the Council regarding his request to summarize his efforts to at least, be interviewed for the Human Resources Coordinator position including his personal visit with State Department of Revenue head Rosemary Boothe Gallogly.
Mr. Porier spoke stating this is his second time before the Council regarding a City position which has been filled which he did not receive an interview for. He discussed his qualifications. Noting he wanted to go face to face to say he sent a letter to a number of people including the City Manager and the Superintendent and was expecting a response but never received one. Adding he could have done the job and saved the City money.
IX. ADJOURNMENT
A motion to adjourn is made Councilwoman Capobianco, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.
Approved By Council: February 5, 2013
Attest: _______________
City Clerk