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CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
January 7, 2014
Council Chambers, City Hall, 145 Taunton Avenue, East Providence, RI 02914
7:00 P.M. Executive Session - Claims Room, 101
7:30 P.M. Open 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) & (5)
A. New Claims
1. Edward Kosowski
2. Bruce Lethbridge
B. Discussion Related to the Disposition of City Owned Property
1. Harding Avenue Map 313, Block 8, Parcels 15 & 17
C. Litigation
1. Kenlin Properties LLC & TLA-Providence LLC vs City of East Providence Petition for Issuance of Writ of Certiorari Supreme Ct. No. SU-13-0321
Mayor Briden called the meeting to order at 7:40 P.M.
Unanimous consent is requested by Councilwoman Rossi and granted to move the Proclamations and Presentations for the EP Townies Cheerleaders to this location on the docket.
A. East Providence Junior Townies Cheerleaders (by Councilwoman Rossi)
Councilwoman Rossi announced that the East Providence Junior Townies took 3rd Place in the Nationals in Florida and read the citation and the name of each cheerleader and coach.
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. Notice of New Property Number, 98 Pawtucket Avenue, Map 301, Block 04, Parcel 012.00, Zoning R4, Carol A. Nelson, 92 Pawtucket Avenue (02916).
2. Notice of New Property Number, 94 Pawtucket Avenue, Map 301, Block 04, Parcel 011.00, Zoning R4, Carol A. Nelson, 90 1/2 Pawtucket Avenue (02916).
B. Cancellation/Abatements
| Year | Amount |
| 2011 | $1,146.52 |
| 2013 | $10,786.08 |
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| Total | $11,932.60 |
C. Abatements Tax Board of Review
| Year | Amount |
| 2013 | $138,037.63 |
|
|
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| Total | $138,037.63 |
D. Alcoholic Beverage Class F-1
1. St. Francis Xavier Church, 160 Orchard Street (02914), St Francis Xavier Parish Anniversary Dinner, 81 North Carpenter Street, Saturday, January 18, 2014.
2. St. Francis Xavier Church, 160 Orchard Street (02914), Portuguese Learning Center Dinner, 81 North Carpenter Street, Saturday, January 11, 2014.
E. Council Journals
1. Regular Council Meeting December 17, 2013
2. Special Council Meeting November 8, 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.
There were no public comments.
Licenses are granted subject to all required approvals from State and City departments.
A. Vict Not Over 25 – Transfer
Jude, Inc. DBA E. Providence Mobil #4436, 2336 Pawtucket Avenue (02914), Khaled Ismail, 768 Allen Avenue, North Attleboro, MA (02760)
A motion to approve the license is made by Assistant Mayor Rose, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
B. Holiday Sales – Transfer
Jude, Inc. DBA E. Providence Mobil #4436, 2336 Pawtucket Avenue (02914), Khaled Ismail, 768 Allen Avenue, North Attleboro, MA (02760)
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.
C. Additional Hours – Transfer
Jude, Inc. DBA E. Providence Mobil #4436, 2336 Pawtucket Avenue (02914), Khaled Ismail, 768 Allen Avenue, North Attleboro, MA (02760)
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.
>VIII. NEW BUSINESS
A. City Managers Report (by Acting City Manager, Paul Lemont)
The City Manager stated for the past 6 weeks he has been working on items at City Hall to compile a comprehensive report but each time he begins he finds a new issue which diverts him but as a general summary, he has noted that over the 8 years or so there has been a lack of leadership, management and attention to detail in the City. The renovations of the fire stations with over $6 million to rehabs are in a very confused situation because of the turnover of previous Councils and previous City Managers so there has been no continuity.
He stated he has been meeting with Paul Luba, Malcolm Moore and the Fire Chief and in the next few months there will be a product which will meet approximately what the design was. He noted that if he had been City Manager he would have recommended that the City not build the additions on Stations 4 and 1. The product in the end while acceptable is not what he would have wanted and there was a lack of continuous management and oversight and as a result the project has gone off in all directions and had to be reined in.
He also stated that within City Hall staff are cramped in. The Planning Department is completely cramped as is the Engineering Office because the School and City were put together and while this saved money the City is now facing the aftermath. The Human Resource Department, for example, has both School and City in the same office and different unions all working six feet apart, different unions, different benefits, different days off, different leave time and this makes it hard for those who work there to accept the situation.
On January 27th the City hired 18 Fire Fighters, 12 were authorized but in the meantime 3 retirements came through and there are 3 more retirements coming which brings the total needed to 18.
The water bills went out split and Councilman Rose and other council members, as well as the City Manager’s Office, received many complaints. This split was due to a new billing program but these bills will be combined again by the time of the next mailing. The wastewater treatment costs went up and will continue to do so as the water is a higher cost to the City.
The City Manager thanked the entire Public Works Department and Director Coutu for doing a great job plowing the streets. He noted he received only 4-5 complaints which were a record low.
The City Manager asked council members to give him a list of streets in their wards, which they feel are in the worst shape as the City will be starting to refurbish streets with Grove Avenue being the first. He will be sitting with Director Coutu to work on where they need to go next.
At a recent staff meeting, he was pleased to hear Director Boyle’s report on development and this coming year there will be shovels in the ground at Kettle Point and land remediation at Gulf and Leonardo’s Farm. These types of developments are going to help the City immensely.
He added that he took a tour of the High School with the Superintendent and is looking at some of the other schools and the City is going to have to come to grip with the condition of the schools. It is embarrassing that the high school is facing accreditation issues. He will look at where are the City is going to get the tax revenues for some of these projects to help the situation but they are going to need more. The City is starting to come back and shine. There is not a day that goes by that they are not dealing with a problem that has developed either due to lack attention to detail and/or due to the Budget Commission leaving the City holding the bag to try to parse it all out.
B. Claims Committee Report (by Assistant Solicitor Greg Dias)
Pursuant to R.I.G.L. § 42-46-5(a)(2)&(5), 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
JANUARY 7, 2014; 7:00 P.M.; ROOM 101
====================================================================
NEW CLAIMS
EDWARD KOSOWSKI $434.00
RM No. 13-085, Claim No. 13-059
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 Rossi Seconded by: Councilman Rose
Motion: Approve the claim in the amount of $434.00.
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VOTE | MAYOR BRIDEN | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CUNHA | COUNCILMAN ROSE | COUNCILWOMAN ROSSI |
| Aye | √ | √ | √ | √ | √ |
| Nay |
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| Abstain |
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| Absent |
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MISCELLANEOUS
BRUCE LETHBRIDGE $1280.80
Request for a sewer charge abatement for the property located at 221 Roger Williams Avenue in accordance with City Ordinance Sec. 17-183.
Motion by: Councilman Rose Seconded by: Councilwoman Capobianco
Motion: Approve the abatement in the amount of $1280.80.
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VOTE | MAYOR BRIDEN | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CUNHA | COUNCILMAN ROSE | COUNCILWOMAN ROSSI |
| Aye | √ | √ | √ | √ | √ |
| Nay |
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| Abstain |
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| Absent |
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HARDING AVENUE
MAP 313, BLOCK 8, PARCELS 15 & 17
Discussion related to the disposition of City-owned property.
Motion by: Councilman Rose Seconded by: Councilwoman Capobianco
Motion: Accept the offers of Betty Ann Perry (Parcel 17) and Sheila Cruikshank (Parcel 15) subject to a deed restriction that there will be no buildings or improvements made to the property and subject to state and city approvals.
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VOTE | MAYOR BRIDEN | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CUNHA | COUNCILMAN ROSE | COUNCILWOMAN ROSSI |
| Aye | √ | √ | √ | √ | √ |
| Nay |
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| Abstain |
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| Absent |
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A motion is made by Councilwoman Rossi and seconded by Councilman Rose to deny the request of MJV Homes, LLC for an extension to the Purchase & Sales Agreement. The motion is approved 5-0.
A motion is made by Councilwoman Rossi and seconded by Councilwoman Capobianco to deny the Purchase & Sales Agreement to Imperial Investments, Inc. The motion is approved 5-0.
C. LITIGATION
KENLIN PROPERTIES LLC & TLA-PROVIDENCE LLC
VS. CITY OF EAST PROVIDENCE
PETITION FOR ISSUANCE OF WRIT OF CERTIORARI
SUPREME CT. NO. SU-13-0321
Status Report
Motion by: JB TC HC TR CR Seconded by: JB TC HC TR CR
Motion: No vote taken.
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VOTE | MAYOR BRIDEN | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CUNHA | COUNCILMAN ROSE | COUNCILWOMAN ROSSI |
| Aye |
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| Nay |
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| Abstain |
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| Absent |
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A motion to approve the Claims Committee Report is made by Councilman Cunha, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
C. Council Members
1. The opportunity cost of tax year alignment (by Mayor Briden)
The charter amend question which was approved by the voters last election merely authorizes the City to change the fiscal year if it is deemed in the best interest of the City. The Mayor states that he is requesting to have the Finance Director, the Fiscal Advisor and the City Manager work on this issue and determine as part of the discussion what the nominal cost would be to set aside money for a synchronization bond, as well as, what would be the benefits. He would also ask that they look at other issues to keep the property taxes down and stay the course including maintenance and improvement in schools striking a balance if the City chooses to pursue the tax year alignment. He is also requesting a response to the question of whether a tax year alignment would prevent the City from accomplishing these other objectives. This is a good issue to examine now as it allows the City to plan over the next year. This doesn’t need to be decided at the next meeting but the process for discussion needs to begin.
The City Manager stated that at least 20 years ago they went through this exercise and decided not to synchronize. It was not in the City’s best interest to do so, for example, when the State decides to reduce funding the City is in a position where they still have time to adjust the budget where others Cities do not.
Assistant Mayor Rose stated that after researching and speaking with the City Manager he understands that if the City was synchronized it would have no time to adjust the budget if cuts were issued from the State.
The City Manager stated that the League of Cities and Towns members will often say to him that they wish they had our fiscal year as they have been left short many times in their budget for this exact reason.
Mayor Briden requested a full fiscal analysis and to look at both sides of the debate in order to make a decision.
Councilwoman Rossi stated she is curious to see what the City’s return on investment will be.
The Finance Director discussed TANS and the reinvestment on the funds and the question of whether or not the City just accepts this as a cost to do business and works with the citizens to pay taxes earlier and maybe start its own pot of funds to borrow against. Adding that by March or April, the City will be starting over again.
Mayor Briden stated the he encourages the Council to have these discussions with the Finance Director, the Fiscal Advisor and the City Manager.
2. A School Building/Capital Investment Plan which includes an innovative Corporate Sponsorship Program (by Mayor Briden)
The Mayor stated that for 2014 he feels a main objective will be to work with the School Committee to address the concerns regarding a capital investment plan. One way to address this might be to go to businesses such as Eaton Aerospace with funding for a playground or another company who might want to focus on Smart Boards. The City should develop a pamphlet or program where businesses who want to make this type of a donation can work on this in conjunction with a 5 year plan.
Councilwoman Rossi stated when she was on the School Committee they had started an advertising policy. While she received a lot of back lash regarding ads on buses she never received a response when she requested a grant writer. The tools are in place to do so and to use and market them. An advertising policy is in place and the Budget Commission put $13,000 in the budget to rewrite the policy book. The School Committee has not had an opportunity to grasp this but in other places in the country hundreds of millions of dollars in funding through advertisements comes in. The City needs a marketing team because there are millions out there that could be accessed.
Mayor Briden stated that performing community service is part of the corporate culture and they are always looking for a goal to accomplish this.
3. Welcoming Businesses (by Councilwoman Capobianco)
4. Amendments to the Juvenile Hearing Board (by Councilwoman Rossi)
Councilwoman Rossi requested that Detective Charles Alexion come to the podium and explain the amendment request.
Detective Alexion stated they have been having a little trouble getting a quorum and they are requesting the Council look to make an amendment to the ordinance to add alternates to the list of members to the commission. It is very important to catch kids early and to set them on the right track. If the commission members can't be there they can’t assist kids for another month when the next meeting is held. The ordinance was written in 1989 and there are 5 people who serve on the commission currently. The request is to add 2-3 alternates or to just add 2 more commission members to bring the total to 7 people. Also, there would be some minor wording changes to the ordinance itself to update.
Mayor Briden suggested the legal department review and look at any applicable state law to be reviewed and asked Assistant Solicitor Dias to contact the detective and then bring recommendations back to the Council.
C. Report of School Committee Liaison
School Committee Liaison Tony Fereirra thanked the City Manager for recent comments and for being truthful in discussions with him.
Councilwoman Rossi asked what the status of the heat situation was at the High School.
Discussion ensued regarding issues with blowers in a few rooms and the general extreme cold in the State and around the country and the inability of some heating systems to keep temperature warm in buildings.
The City Manager stated word had not reached him that there was even an issue with the heat.
Councilman Cunha asked why the City Manager had not been made aware.
Mr. Fereirra stated he had just found out today. According to State law the temperature must be 68 if it is not then they will have to close.
Councilman Cunha asked what the City will need to spend to bring the High School up to par and that he would like to see a new school built possibly relocating it to Pierce Field. The area where the high school is now could be prime commercial real estate.
Director of Planning Jeanne Boyle was called to the podium to address the possibility of a new high school maybe located at Pierce Field. Director Boyle stated they could take a look at other locations and if so they would need to get an architect on board and do a comparison of repairs vs new construction.
Councilwoman Rossi stated Pat Iannelli would probably know where the report was which was previously done which included an architect.
Councilman Cunha said putting in a new heating system with terrible windows is belts and suspenders and is useless. A healthy school is a healthy City.
Director Boyle stated there is no substitute for an in-depth architectural analysis.
The City Manager reminded the Council that 12 years ago Martin Junior High would have gotten torn down but the City invested some funds in repairs and it is going to last a long time now. He would hate to hear that the building would need to be torn down. Someone has got to engage a firm to go through the building top to bottom, including the pool, and lay out what it would cost the City to repair the building. There is a portion of the school which was built only 14 years ago. It’s a great layout and a good looking school.
Councilman Cunha stated if analysis shows that it is going to cost $100 million and to build a new school would cost $110 million then the City should build a new school.
Councilwoman Rossi stated she didn’t remember the cost of repairs to be more than $50 million.
Councilman Cunha asked School Committee member Ferreira how the newly hired plumber was working out and Mr. Ferreira responded that for 3 months now the plumber has been helping to bring the plumbing back up to par and this is very important.
Mr. Ferreira added he would bring the items discussed back to the Superintendent.
D. Introduction to Ordinances
1. AN ORDINANCE IN AMENDMENT OF CHAPTER 4 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “BUILDINGS AND BUILDING REGULATIONS.”
SECTION I. Subsection (a) of Section 4-1 entitled “Building code adopted” of Article I entitled “In General” of Chapter 4 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Buildings and Building Regulations” is hereby amended to read as follows:
(a) The city hereby adopts the State Building Code, as amended, as the building code of the city.
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: Director of Public Works
A motion to approve the ordinance is made by Councilman Cunha, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.
A motion to adjourn at 8:57 P.M. is made by Councilwoman Rossi, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.