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CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
September 17, 2013
Council Chambers, City Hall, 145 Taunton Avenue, East Providence, RI 02914
7:30 P.M. Open Session
I. CALL TO ORDER
II. SALUTE TO THE FLAG
III. TO APPROVE THE CONSENT CALENDAR
A. Letters Received
1. Coastal Resources Management September 2013 Calendar.
2. Notice of New Property Number, 7 Winter Harbor Avenue, Map 513, Block 34, Parcel 003.00, Zoning R4, Megan Correia, 12 N. Shore Drive (02915).
3. Notice of New Property Number, vacant lot from demolished home at 55 Hazelwood Drive, Map 307, Block 15, Parcel 001.00, Zoning R4, new number 216 S. Spruce Street, Map 307, Block 15, Parcel 001.00, Zoning R4, Joseph and Estrella Cavaco, 55 Hazelwood Drive (02914).
B. Alcoholic Beverage License Class F-1
1. St. Francis Xavier Church, 160 Orchard Street (02914), St. Francis Xavier Band Anniversary Dinner, Saturday, October 5, 2013.
2. St. Francis Xavier Church, 160 Orchard Street (02914), 30 Week Club Dinner, October 26, 2013.
C. Council Journals
1. Special Council Meeting July 29, 2013
2. Regular Council Meeting September 3, 2013
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.
IV. PUBLIC COMMENT
A. Bruce Lithbridge – Sewer Consumption
The City Manager welcomes newly named Fire Chief Oscar Elmasian.
The City Manager welcomes Paul Luba the Fiscal Stability Advisor.
V. LICENSES NOT REQUIRING PUBLIC HEARING
Licenses are granted subject to all required approvals from State and City departments.
A. Hawker – 90 Day
Lamo Group, LLC, 160 Rounds Avenue, Apt. 3, Providence (02907), Larry E. Gailloux, 160 Rounds Avenue, Apt. 3, Providence (02907).
This is for a Hot Dog Cart.
Assistant Mayor Rose asks if he has ever done this before.
Mr. Gailloux states he is also currently in Providence.
A motion to approve the license is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote it is unanimous.
VI. PUBLIC HEARING ORDINANCES FINAL PASSAGE
A. An ordinance regarding sewer consumption charge.
AN ORDINANCE IN AMENDMENT OF CHAPTER 17 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “UTILITIES.”
SECTION I. Section 17-183 entitled “Charges to be based upon water consumption; rate” of Chapter 17 of the ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Utilities” is amended by adding thereto the following:
(g) Upon written request of the property owner, a one time adjustment of an excessive sewer consumption charge may be approved by the Claims Committee with a review and recommendation by the Director of Public Works, if the request meets all of the following conditions:
(1) The property has not received a previous abatement for sewer consumption charges within the past ten years, regardless of property ownership.
(2) The excessive consumption must exceed the prior year same period consumption at the property by thirty-three (33) percent.
(3) Excessive use cannot be caused by change in use, i.e., added living units or conversion from residential to commercial.
(4) The adjustment to the sewer consumption charge will be computed in accordance with the following formula:
Total billed consumption, minus prior year same period consumption, equals excessive consumption. Excessive consumption divided by two (2), plus normal consumption, equals the total adjusted consumption upon which the adjusted sewer consumption charge will be calculated. The calculation will be made using the sewer charges in effect for the billing period in question.
(5) The adjusted amount will be deducted from the amount owed if the bill is unpaid or credited to the account if the bill has been paid. There will be no adjustment of interest charges unless the written request had been received prior to the due date of the bill.
SECTION II. This ordinance shall take effect upon its second passage and all ordinances or parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Department of Public Works
1. Bruce Lithbridge questions regarding how the ordinance is written and instead allowing for variation depending on each individual situation.
2. Louis Geradis, 30 Linden Street question regarding the treatment of water.
Mr. Lithbridge explains that while away he had a pipe break that the water was only in his basement and he then pumped it all out so that none went into the sewer system and if he still has to pay half it is an awful lot of money. Can he appeal with this new ordinance to the particulars of his situation.
Director Coutu is called to the podium. He states that he is attempting to develop a process as there was none prior, to deal with any kind of sewer abatement. Previously they would just look at the consumption in the billing process regardless of the particular situation. Considering this does go to the Claims Committee perhaps they can still make an individual determination. It can be difficult to prove when no water has gone into the sewers.
Councilman Rose asked if there is some way this option for approving claims on an individual basis can be stated in the ordinance for clarity purposes.
Solicitor Chapman states the Claims Committee would have discretion with recommendation coming from the Public Works Director. It can still be decided case by case and that is clear without adjusting the ordinance.
Councilman Cunha asks what happens if residents water their grass in the summer and how would this distinction be made.
Director Coutu states a home owner can get a deduct meter to register this water separate from the sewer charge. This has to be done by a licensed plumber. There is an application for this. They pay for the meter and the plumber but they no longer receive the exemption on the sewer charge because the exemption accounts for unused water. We can work with homeowners so that they can figure out if this is an option that is worthwhile for them.
The City Manager asked the Director if he could provide more information regarding the deduct meeting at the next meeting.
Mr. Geradis asks for information regarding the sewer fees being put as part of taxes to revert back to what the City had done before.
The City Manager asked the Director of Public Works to explain the history of how the sewer charge was established.
Director Coutu explained to Mr. Geradis about the enterprise fund where the rate structure supports the utility.
Mayor Briden asks for clarification regarding deciding claims on a case by case basis because he feels the criteria states a person has to meet the conditions #1-4 and there is a formula so it would seem as though it would be based on the specific criteria therefore is it still discretionary.
Solicitor Chapman said that is right it must first meet the criteria.
Mayor Briden suggests that the Council may want to defer the ordinance until the wording reflects what the Council feels is correct. He asked Director Coutu if this ordinance is similar to others cities and towns.
Director Coutu states he has used it in the past but it was never formalized. He checked with other utilities and many don’t provide for any relief. The Narragansett Bay Commission does have an abatement process which requires a certification from a plumber etc…
Councilwoman Rossi asked if they can add an appeal process so a person would go through the process and then appeal to a higher level.
Solicitor Chapman states this is already being brought to us as a claim. They do have the option to sue the City.
Mayor Briden states they want consistency and right now if someone makes a claim it would go to DPW and then come to us.
Solicitor Chapman states to leave it cart blanche might be opening a can of worms. Director Coutu states possibly but if the owner can prove the water did not go through the sewer then it could be abated.
The City Manager added that another idea would be a condition #5 which states: or any other condition deemed by the DPW to be substantiating.
A motion to defer the ordinance and send it back to the Law Department for adjustments is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote it is unanimous.
B. An ordinance regarding a Stop Sign on Gerald Street.
AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “VEHICLES AND TRAFFIC”
SECTION I. Subsection (b) of Sec. 18-269 entitled “Stop and yield intersections designated; when stops required.” is amended by adding thereto the following:
Gerald Street (northbound and southbound traffic) at its intersection with Robinson Street
SECTION II. This ordinance shall take effect upon second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Councilwoman Rossi
A motion to approve the ordinance is made by Assistant Mayor Rose, seconded by Councilwoman Rossi and on a roll call vote it is unanimous.
C. An ordinance pertaining to donations for Middle School Sports.
AN ORDINANCE APPROPRIATING MONIES DONATED BY THE TAXPAYERS OF THE CITY OF EAST PROVIDENCE FOR THE PURPOSE OF SUPPORTING MIDDLE SCHOOL SPORTS
SECTION I. Any and all monies received by the City of East Providence in trust for the benefit of the Middle School Sports Program are monies donated for a specific purpose as designated by the donor pursuant to R.I. Gen. Laws § 45-2-3(10). Any and all monies received in trust for the benefit of the Middle Schools Sports Program are not part of the “annual local contribution” as set forth in R.I. Gen. Laws § 16-7-23.
SECTION II. Any and all monies received by the City of East Providence in trust for the benefit of the Middle School Sports Program are hereby appropriated for said purpose. Upon the presentation of vouchers signed by the Superintendent of Schools or her designee, the Director of Finance shall disburse the amounts set forth in the vouchers to the extent that there are sufficient monies held in trust by the Director of Finance.
SECTION III. This ordinance shall take effect upon its passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Director of Finance
Assistant Mayor Rose asked if the Finance Director could come to the podium.
Director Moore stated checking the checkbox on the tax bill will be part of this. As of last week $6,700 was contributed this was.
The City Manager stated this is specifically for the donations and the intent is not to increase the maintenance of effort to channel to the schools for that purpose, not for any line items that Council may wish to transfer additional appropriations to.
Director Moore stated this is correct.
A motion to approve the ordinance is made by Assistant Mayor Rose, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
VII. NEW BUSINESS
A. City Managers Report (by City Manager Peter Graczykowski)
1. Department Activity Report
2. EPBC Personnel Activity Report from 9/12/13
3. EPBC Staff Payroll Charges
This is an expense over $100,000 so it is an item which the Council must vote on. It is to reimburse for staff assigned here during the EPBC tenure. The City waited for billing detail for payroll and it was provided. This is the most recent submission and the City has made a partial payment previously.
Councilwoman Rossi states if anyone is able to look at this on line she would recommend it as it makes for interesting reading. These people were paid $2,000-$3,000 a week and it looks like a bill for a full week and they were not here for a full 40 hours. We will never get that information. I am going to have to vote for this anyway because if we do not pay them they will take it out of our state aid anyway.
The City Manager states that is correct that is how the statute reads.
Councilwoman Rossi states then we have no choice in the matter regardless of what detail they give us.
The City Manager states they acted in roles which were vacant in the City for a time. We would have had to hire people in these positions. We weren't paying double at the time, where other cities may have people in those positions. We received weekly detail for these and substantiated them.
Councilwoman Rossi stated she doesn’t like it but doesn’t have a choice.
A motion to approve the payroll charges is made by Councilwoman Capobianco, seconded by Councilman Cunha and on a roll call vote the motion passes 4-1 with Councilwoman Rossi voting Nay.
4. Request to Award Contract for the East Providence Fire Department Uniforms
The award of the contract is over $100,000 for the 3 years of the contract so it requires Council approval. This is for the provision of contractually mandated uniforms. The City conducted an RFP for the lowest responsible bidder. The EPFD and the Purchasing Agent agreed this was to be the best choice and in the best interest of the City for a total of $131,482.97 over 3 years. There are sufficient funds under the fiscal impact statement provided and he recommends approval.
Mayor Briden stated there was discussion at an EPBC meeting earlier in the year of the possibility of bidding separately on the shirts and pants.
The City Manager stated yes this is addressed in the memo. There was one vendor who bid just on trousers, unfortunately, we could not award in part as no other vendor would sell us just shirts. This bid has been done twice now and this is very specific fire rated equipment. It was an option if we were able to and that is how the bid was written.
Grant Dulgarian of Dulgarian Brothers Uniforms is present and wants to speak.
Solicitor Chapman stated this can't be allowed by one bidder and not another there could be a problem or a dispute and this is not the forum for that and he advised the Council against allowing him to speak.
A motion to approve the contract as recommended is made by Councilwoman Rossi, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.
5. Municipal Recycling Rebate
The City received a rebate of $13,821.87 based on the recycling rate the higher the rate the lower the disposal rate. Kudos go to the public works staff and residents who are doing good job recycling. On September 24th there will be a ceremony for recycling profit sharing that will be much higher. The City Clerk has the information on this event if any Council members would like to attend.
6. Non-Functioning Street Lights Credit
The City Manager calls Director Coutu to podium as a follow up from the previous meeting.
Director Coutu stated that Assistant Mayor Rose deserves a lot of credit in alerting the City to non functioning lights. Once the City puts National Grid on notice that the light is out, if they don't respond in a timely fashion, the City doesn’t have to pay that portion of the bill. The decorative lights on Warren Avenue for example required a refund as those were out and not red capped. If residents have a light that is not red capped and is not working they should call DPW to alert them. Also DPW will plan to re-audit those previously identified by Source One there was a large number out and those will be given to National Grid to make sure all were put on.
7. Street Maintenance
Director Coutu stated that the street maintenance commenced the fall street sweeping. Right now they are in Riverside. They try not to be in same place at the same time as the trash trucks. They received many weed control complaints in summer on the traffic islands where most of them are on State property, after not getting any adequate response the City took it upon themselves to clear the most prominent islands and also provided to Council a list of all the City islands and areas of right of way.
Councilwoman Rossi asked about the ramp to 195 and Director Coutu stated he will contact DOT.
8. FY 2013-2014 Proposed Budget Presentation by Finance Director Malcolm A. Moore on behalf of City Manager Peter Graczykowski
Assistant Mayor Rose requested a Budget Workshop be scheduled.
Finance Director Moore provided the following information:
- The BPR from the EPBC, the 1% tax increase, the reduction in the homestead exemption, the 1% decrease in the discount for early tax payments, and the many changes via consolidation efforts which he stated is a big change from last year to this year.
- Presentation regarding synchronization to align with other cities, towns and the state including a synchronization bond
- Pension contributions funding at 100% of ARC and information regarding completing the 100% funded in 30 years or 20 years if the funds are used for the debt service on the synchronization bond. Council would have to approve an amended pension plan and synchronization bond for $40-$50 million.
- Review of the impact of early payment benefit and how this reduction, when completely gone will affect the 60-70% which take advantage of this savings, the escrow companies are the biggest contributors, once this is gone the City either has to synchronize or fund the $20 million deficit. He added he would go over this in detail at the workshop.
The Finance Director reviewed the format which the budget is in for the Council and answered questions.
Mayor Briden asked that for the workshop, if the Finance Director and Mr. Luba could look at and compare the budget to the EPBC 5 year plan and explain any differences with that plan. He would like a memo to show any differences.
Director Moore stated they could summarize as they may not have the exact line items instead, a total revenue and total expenditure could be provided and they should be able to highlight those differences to the Mayor’s satisfaction. Mr. Luba stated he could attend a budget workshop.
A motion to accept the budget submission is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote it is unanimous.
9. Motion to schedule the first Public Hearing for the FY 2013-2014 Proposed Budget for the next Council meeting on October 1, 2013.
A motion to scheduled a workshop on the budget for Monday, September 23, 2013 at 6PM and to schedule a public Hearing on the budget for October 1, 2013 at 7:30PM is made by Councilwoman Capobianco, seconded by Councilman Cunha and on a roll call vote it is unanimous.
B. Reports of Other City Officials
1. Handicap Parking Request for 200 North County Street (by Director of Public Works, Steve Coutu)
A motion to approve the request for handicap parking is made by Assistant Mayor Rose, seconded by Councilwoman Rossi and on a roll call vote it is unanimous.
C. Council Members
1. Parks (by Assistant Mayor Rose)
Assistant Mayor Rose stated he placed this on docket for a few reasons. The City has many parks that many people don't realize. It’s tough for existing staff to keep up with all of them and there is talk now to build another park and he knows a meeting will soon take place to discuss this but we need to be cognizant of how we are going to take care of the ones we already have. To create a new park with no plans to care for it is not right even if it’s low maintenance. It’s not the fault of those maintaining them there are only so many workers and so many hours in a day.
2. Police Vehicles and Equipment (by Assistant Rose)
Assistant Mayor Rose stated that through the Google forfeiture funds new vehicles are coming to the road soon and Officer Grant is here tonight and he was heavily involved in this process. Assistant Mayor Rose asked when the vehicles would be arriving.
Chief Tavares was called to the podium and explained they are in the final stages of the process and the vehicles will be on the road very soon.
Assistant Mayor Rose asked about the police boat.
Chief Tavares stated they are awaiting the extension of the grant they call each week to check on the status. He added that there are various vehicles, from motorcycles to SUVs and when they replace police cars they send the retired vehicle to the City for surplus.
Councilman Cunha asked where the cars go for maintenance.
Chief Tavares stated that on a routine basis they have a couple of options depending on the type of repairs. Officer Grant is the fleet manager.
Officer Grant stated that maintenance is usually done at the DPW garage. The new vehicles will be covered under a 3 year warranty and certain mileage for cars and engines/transmissions.
Councilman Cunha asked if after warranty if they use the EPHS.
Officer Grant stated yes they have used EPDS in the past for body work etc but it’s not very productive to leave the vehicles there for a long time. The SROs have the oil changes done there.
Councilman Cunha asked if the EPPD still had a K9 division.
Officer Grant stated not yet but they are planning to have one again however this is in the early stages.
Chief Tavares added that is a goal for this year and EPPD had one many years ago.
3. Community Event Announcements (by Councilwoman Rossi)
Councilwoman Rossi provided a reminder that the Carousel wine and food pairing is on September 26th at the Carousel. It is a very successful event and the funds go to restore the Carousel. Tickets are $30 each or 2 for $50.
D. Report of School Committee Liaison
E. Introduction of Ordinances
1. An ordinance regarding restriction of certain trucks on Brentwood Drive, Don Avenue and from Pawtucket Avenue to Weeden 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. Section 18-224 entitled “Certain trucks restricted on certain streets” of Article VII entitled “Operation of Vehicles” of Chapter 18 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Vehicles and Traffic.” is amended by adding thereto the following:
Brentwood Drive
Don Avenue, from Pawtucket Avenue to Weeden Avenue
SECTION II. This ordinance shall take effect upon its second passage and all ordinances or parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Public Works Director
Director Coutu explained that this ordinance derived from calls from the neighborhood near the pellets company. Trucks were using the neighborhood streets via directions from Google maps. The East Providence Police are tagging trucks but we need to have this ordinance in place. This road for some reason was not previously listed in the two ton restrictions.
A motion to approve the ordinance for first passage is made by Councilman Cunha, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.
F. Communications
1. Jared Cowgur, 9 Sheridan Avenue (02916) requesting to address the Council regarding a request to host a block party on October 26, 2013 from 6:00PM-10:00PM, Sheridan Avenue will need to be blocked on both ends, Roger Williams Avenue and Campbell Street.
A motion to approve the block party request is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote it is unanimous.
2. Ken Foley, 50 French Street, Rehoboth, MA/1 Dexter Road, East Providence requesting to address the Council regarding East Providence Police Report of 7/12/13 and the handling, reporting, update and latest Hummel Report.
Mr. Foley stated that it’s important to find out why this happened. There is a lack of communication or ignorance on what really happened in 1998 for 1 Dexter Road was an I-3 Zone which is open to anything industrial, it is the highest level of manufacturing such as steel mills and scrap yards. The zoning was changed in 2003 for waterfront but my facility remained until and if I decided to change that use. I can operate 24/7 if I chose to. I didn't create that zone I took advantage of it as an industrial use. Then neighbors moved in and started complaining. The East Providence Police come to check out if a truck moves on the site. I have the same right as Aspen does next door to me. No one is making a fuss over them. The police leave and find nothing wrong and put the report on the internet with the information of the person who complained my information which appeared on that report. Now the other person is suing the City and the City sent her an apology letter. This is a double standard. I'm not suing you. Mistakes happen. I’m waiting for my letter of apology.
The City Manager stated that each individual received an identical letter and each of their attorneys received the same letter.
Mayor Briden stated that he did receive complaint calls on the morning of July 7th he was away on vacation, several residents contacted him.
VIII. ADJOURNMENT
A motion to adjourn is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote it is unanimous.
Approved By Council: October 1, 2013
Attest: ____________________
City Clerk