CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
March 19, 2013
Council Chambers, City Hall, 145 Taunton Avenue, East Providence, RI 02914
Executive Session to Follow Public Meeting, Room 101
7:30 P.M. Open Session
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. CRMC March 2013 Calendar.
2. Resolution Exeter Town Council in support of S44 and H5072 relating to conduct of elections deleting single party (master lever) voting.
3. CRMS Re-Notice Administrative Procedures Act proposed change Ocean Special Area Management Plan (SAMP), Chapter 8 Renewable Energy and Other Offshore Development and Chapter 11 Policies of the Ocean SAMP.
B. Alcoholic Beverage Class F
1. St. Mary Academy - Bay View, 3070 Pawtucket Avenue (02915), Manhattan at the Bay, April 25 thru April 28.
C. Council Journals
1. Regular Meeting March 5, 2013
A motion to approve the Consent Calendar minus the Council Journal of March 5, 2013 is made by Councilwoman Rossi, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous with Mayor Briden absent.
1. Rev. Ernie Robillard opposed to Same Sex Marriage Resolution
2. Deb Cipalone opposed to Same Sex Marriage Resolution
3. Joanne Circys oposed to Same Sex Marriage Resolution
4. Steven Correira opposed to Same Sex Marriage Resolution
2. Judith Benson opposed to Same Sex Marriage Resolution
3. Diane Nelson opposed to Same Sex Marriage Resolution
4. Sue Kennedy opposed to Same Sex Marriage Resolution
5. Samir Batla Brown Play School 4th Annual Run to Momma 5K, May 5th at the Rumford Center
6. Tom Riley Snowy Sidewalks
A. Best Practice Energy, LLC, Jaimie Kuzman and Bryan Yagoobian - (by Councilwoman Rossi)
Jaimie Kuzman presented. This is a consulting agency in the energy management field. They go out to bid on the City's behalf, they don't work with any one provider and they get the best price for supply and service behind the energy.
Councilwoman Rossi asks the City Manager to look further into these energy options.
A. Vict Not Over 25
The Sweet Tooth, LLC, 99A Taunton Avenue (02914), David Zuller, 335 Doyle Avenue, Providence (02906).
A motion to approve the license is made by Councilwoman Capobianco, seconded by Councilman Cunha and on a roll call vote it is unanimous with Mayor Briden absent.
B. Holiday Sales
The Sweet Tooth, LLC, 99A Taunton Avenue (02914), David Zuller, 335 Doyle Avenue, Providence (02906).
A motion to approve the license is made by Councilwoman Capobianco, seconded by Councilman Cunha and on a roll call vote it is unanimous with Mayor Briden absent.
A.City Managers Report (by City Manager Peter Graczykowski)
1. Compost Screener Bid Award
This is for the composting facility. This is the lowest responsible bidder. The credit for this initiative goes to Councilwoman Rossi who took the City officials on tour to other facilities and we were able to secure funds to purchase the compost screener utilizing grant monies and trade in monies from old equipment. Total cost is $119,895.
A motion to approve the bid award is made by Councilwoman Rossi, seconded by Councilman Cunha and it is unanimous with Mayor Briden absent.
2. Snow Removal
This item is to continue the conversation regarding the snow removal ordinance per request of Councilwoman Rossi.
The Director of Public Works, Steve Coutu is called to the podium to provide a summary of the memo in the Council packet. The City Engineer is the sidewalk inspector. 24 hours after the snow stops, they go to high traffic and congestion areas, particularly around the schools and inspect to confirm the sidewalks are shoveled. 80% of the violations issued during the last storm were paid already without going before the Municipal Court Judge. They have compared what is being done in other communities. Some cities and towns have hardship clauses and some do not. They are looking into matching high school seniors needing to do volunteer work with seniors or disabled who need assistance. To formally administer a hardship program, it may have to include a determination of what exactly constitutes a hardship. Director Coutu added that having the ordinance and the inspections have improved the sidewalk cleanup dramatically.
Assistant Mayor Rose stated that with the warm weather the City might want to take some time to discuss the issue and find the best possible solution.
Councilman Cunha stated that perhaps the City can issue a warning first and allow elderly or disabled residents to secure the resources or assist them in finding the resources.
Councilwoman Rossi asks if the City could look at this through an elderly person's eyes, they could risk doubling their fine in court, can they be allowed to plead their case without that. There is also the issue that the City has fined them but they still can't clean their sidewalk. Perhaps we can have a hardship solution in place by July so that people can be alerted ahead of time.
The City Manager directs the Director of Public Works to bring back a proposed amendment addressing these issues in a month's time.
3. Departmental Activity Update
Assistant Mayor Rose asked if the Homestead Exemption item was all set.
The City Manager called the City Assessor to the podium. He addressed the Homestead Audit. March 15th was the deadline however they are still accepting those applications. Currently they have received a little over 10,000 of the 11,100 who have the exemption. Certified letters have been sent out.
The City Manager asks him to address the revaluations.
Assessor Hazard states the revaluations are almost complete. People will begin to receive these notices. Any questions on their property or their neighbor's property residents can call the 800 number on the letter and schedule a hearing. These hearings are scheduled to being on March 27th and they run through April. These are informal hearings and they are the easiest way to get an adjustment on your taxes.
The City Manager called the Fire Chief to the podium to provide an update on renovations.
The City Manager stated that regarding the revisions requested by the Council for the ordinance on qualifications for police recruiting, the next step would be for the City Solicitor to work with the Chief on drafting an amendment to the ordinance for consideration by the Council.
The City Manager called the Director of Planning Jeanne Boyle to the podium to discuss the Kettle Point project.
4. Response to Audit Management Letter
This is a response provided on a quarterly basis to the City and Schools regarding any actions/issues the auditor deems need to be addressed.
The City Manager called Finance Director Moore to the podium to answer any questions regarding the 23 suggestions the auditor listed. Director Moore states most of these will be addressed with the new financial software program or have to do with pension liabilities which are being addressed now.
Councilwoman Rossi raised concerns that the Budget Commission's BPR looking out 5 years is not realistic or in some cases wrongly assessed.
B.Reports of Other City Officials
1. Claims Committee Report (by City Solicitor Timothy Chapman)
There are no claims to report for this meeting.
2. School Committee Update (by School Committee Member Tony Ferreira)
Two updates were provided: the new superintendent will start on Monday and there was a meeting held with Johnson Controls and Director Coutu and Facilities Manager Ed Catelli will set up a time for Johnson Controls to present to the Council especially regarding the issue on who is monitoring the savings.
C. Council Members
1. Too Much Talk Not Enough Action (by Assistant Mayor Rose)
Assistant Mayor Rose deferred this item to the next meeting when all Council members can be present.
2. Fireworks Committee (Councilwoman Rossi)
Bristol has a fireworks committee to raise funds to pay for the fireworks and festivities. Last year the City received private donations. Councilwoman Rossi stated that she is asking the Council if they would be in agreement to create a committee by ordinance so that there would be a consistent plan in place. This item is referred to the Law Department.
3. Appointment of Municipal Administration and Finance Officer (by Councilwoman Rossi)
Councilwoman Rossi stated that there is no clear definition of an AFO for a City like East Providence where there is a City Manager form of government as we don't have an elected chief officer as the state law dictates. Councilwoman Rossi read from some of the state law creating Budget Commissions and also read sections of the Charter and how this wouldn't apply to the ceremonial Mayor. Adding that after all of the work the City has done to consolidate and cut the budget why should we duplicate work again paying three quarters of a million dollars to someone the State appoints when the City has given up so much to get the budget under control including 400 children in middle school who now can't have middle school sports.
4. Soccer Advisory Committee (by Councilwoman Rossi)
Councilwoman Rossi requests that for the next meeting the Law Department view the template which Bruce Rogers gave her and create an ordinance for a Soccer Committee which would be responsible for locating a site for a soccer complex.
Councilman Cunha stated he is already working on this item requesting the delegation members assist in locating funds/grants which the City could use.
Councilwoman Rossi asks Councilman Cunha if he would work with Bruce and others so that they can all assist each other.
D. Resolutions
1. A RESOLUTION IN SUPPORT OF SENATE BILL 2013–S0038 AND HOUSE BILL 2013–H5015 SUBSTITUTE A RELATING TO DOMESTIC RELATIONS – PERSONS ELIGIBLE TO MARRY
WHEREAS, the State of Rhode Island, founded as a beacon of religious tolerance and freedom, has long stood for fair and equal treatment and protection under the law for every citizen; and
WHEREAS, we believe that a just and democratic society guarantees to all its citizens certain civil rights set out in the United States Constitution, and civil marriage is one of these fundamental rights; and
WHEREAS, each and every adult in Rhode Island, regardless of socio-economic status, race, ethnicity, gender identity or sexual orientation deserves the opportunity to attain the legal protections, rights and responsibilities gained through civil marriage; and
WHEREAS, the City Council of the City of East Providence supports the passage of Marriage Equality legislation (H5015 and S0038).
NOW THEREFORE BE IT RESOLVED that 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 Representatives and the Senators and Representatives from the City of East Providence.
Requested by: Councilwoman Rossi
Assistant Mayor Rose requests a motion from the Council to table the item until all the members of the Council can be present.
Councilman Cunha makes a motion to table the resolution, this is seconded by Councilwoman Capobianco and on a roll call vote it is 3-1 with Councilwoman Rossi voting Nay and Mayor Briden Absent.
2. RESOLUTION OF THE CITY OF EAST PROVIDENCE CITY COUNCIL APPROVING THE ISSUANCE OF TAX ANTICIPATION NOTES
BE IT RESOLVED by the City Council of the City of East Providence, Rhode Island (the
“City”) that:
SECTION 1. Pursuant to Rhode Island General Laws Section 45-12-4,
the City Council hereby approves the issuance of $5,000,000 Tax Anticipation Notes of
the City issued in anticipation of the receipt of the proceeds of the annual tax assessed or
to be assessed upon the taxable property within the said City of as of December 31, 2011,
for the fiscal year ending October 31, 2013 for the purpose of providing funds for the
payment of the current liabilities and expenses of said City. The Notes shall be issued by
the City under its corporate name and seal or a facsimile of such seal. The Notes shall be
signed by the manual or facsimile signature of the Director of Finance and the Mayor
and, if required by the Purchaser/Holder of the Notes.
SECTION 2. The amount, denominations, maturity, conversion or
registration privileges, dated dates, due dates, interest rates, medium of payment, and
other terms, conditions and details of the Notes authorized hereunder shall be determined
by the officers authorized to sign the Notes. The City shall issue not more than
$22,000,000 of Tax Anticipation Notes in the aggregate during the fiscal year ending
October 31, 2013.
SECTION 3. The City Council is also authorized, empowered and
directed, to: (i) execute, acknowledge and deliver any and all other documents,
certificates or instruments necessary to effectuate such borrowing; (ii) amend, modify or
supplement any and all documents, certificates or instruments at any time and from time
to time, in such manner and for such purposes the City Council shall deem necessary,
desirable or advisable; and (iii) do and perform all such other acts and things deemed by
the City Council to be necessary, desirable or advisable with respect to any matters
contemplated by this Resolution in order to effectuate said borrowing and the intent
hereof.
SECTION 4. This Resolution shall take effect upon its passage.
A motion to approve the resolution is made by Councilwoman Rossi, seconded by Councilman Cunha and on a roll call vote it is unanimous with Mayor Briden absent.
3. RESOLUTION REQUESTING AMENDMENT OF RI GENERAL LAW 45-9-10
WHEREAS, on December 20, 2011 a Budget Commission was appointed by the State to oversee the financial circumstances of the City of East Providence; and
WHEREAS, the Budget Commission has completed its duties and will terminate its activities on March 28, 2013; and
WHEREAS, pursuant to RIGL 45-9-10 upon abolition of the Budget Commission there shall be established a Department of Administration and Finance which will be responsible for the overall budgetary and financial administration of the City; and
WHEREAS, pursuant to said statute the Department of Administration and Finance shall be under the direction and control of an Administration and Finance Officer (AFO); and
WHEREAS, the City of East Providence by Charter was established under a City Manager form of government; and
WHEREAS, the City Manager maintains similar requirements of an AFO including:
1. Education
2. Training
3. Experience; and
4. Administrative and Executive Qualifications
THEREFORE, BE IT RESOLVED that the objectives of ensuring that the City of East Providence will adhere to the multi-year financial and capital plan, can be accomplished without the duplication of services and through less costly alternatives, other than the establishment of an Administrative and Finance Department and an appointed AFO; and
BE, IT FURTHER RESOLVED we, the East Providence City Council respectfully request that an amendment of RIGL 45-9-10 eliminating the requirement of the AFO for the City of East Providence is the less costly alternative; and
BE, IT FURTHER RESOLVED that the City Manager would be required to perform the duties and responsibilities of the AFO through direct reporting requirements to the Director of Revenue; and
BE, IT FURTHER RESOLVED that the East Providence City Clerk is hereby instructed to submit a copy of this resolution to the City of East Providence State Senators and State Representatives in the Rhode Island General Assembly requesting introduction and support of the appropriate legislation reflecting the above to allow the City of East Providence to adhere to its Charter, including its City Manager form of government, which will substantially decrease the financial impact and burden to the City of East Providence.
Requested by: Mayor Briden
Assistant Mayor Rose stated that the since the resolution was requested by the Mayor and he is not able to be present tonight he would ask someone to make a motion to defer the resolution.
Councilwoman Capobianco makes a motion to defer the resolution, seconded by Councilman Cunha
Councilwoman Rossi stated she is concerned in waiting as the Budget Commission is leaving and asking for the appointment to be made for the AFO position and this will be before the next Council meeting in two weeks time
Assistant Mayor Rose states that on behalf of the maker he has requested the motion and there is a motion and a second
and on a roll call vote it is 3-1 with Councilwoman Rossi voting Nay and Mayor Briden Absent.
E. Communications
1. Freddie Rybka, 9 Cozzens Avenue (02915) requesting to address the Council regarding CDBG money for playground for Oldham School Students being relocated to Meadowcrest School.
Mr. Rybka stated he was trying to find out what path to go down for the grant but Director Jeanne Boyle and David Bachrach are helping him out now so he is all set.
2. Tom Riley, 3620 Pawtucket Avenue (02915) requesting to address the Council regarding questions on the charges to the City from the Budget Commission and associated events.
Mr. Riley stated that he is troubled with the situation of the Budget Commission and agrees with Councilwoman Rossi that we might be losing time shutting down this position as well as the redundancy and loss of money in funding this position. While thankful for the balancing of the budget which the Budget Commission was able to do, the City and residents were told there would be no charge for this by the Governor and by Michael O'Keefe. These people were paid by the State. They did not work for free. Why are we having to pay three quarters of a million dollars for this?
The City Council of the City of East Providence will meet in Executive Session pursuant to RI General Laws § 42-46-5 (a)(1)
A. City Manager Job Performance Review and Employment Agreement
Assistant Mayor Rose asked if there was a motion to go into an Executive Session
Councilwoman Rossi made a motion to go into Executive Session
Councilman Cuhna stated he wasn't sure if he thought this should go into Executive Session, he added that Executive Sessions are good for items such as law suits not items which the Council can discuss in public whether it be praise or to make negative statements, adding he doesn't believe people voted for him to speak behind closed doors.
Councilwoman Rossi asked the Solicitor what the procedure was for discussing employees.
Solicitor Chapman stated a letter is sent to the employee stating that they have the choice to have this discussed in open or closed session. The City Clerk both hand delivered and mailed the letter.
Assistant Mayor Rose called for a second on the motion to go into Executive Session and hearing none stated that since Mayor Briden is not present he doesn't feel adjourning to Executive Session is appropriate.
Solicitor Chapman stated if there is no second on the motion then the motion fails.
Assistant Mayor Rose stated the motion fails.
A motion to adjourn is made by Councilman Cunha, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
Approved by Council: April 2, 2013
Attest: __________________
City Clerk