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CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
June 16, 2015
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
Mayor Rose
Assistant Mayor Cunha
Councilwoman Capobianco
Councilman Britto
Councilman Conley
City Manager Lemont
Solicitor Chapman
Deputy Clerk Kazarian
The City Council of the City of East Providence will meet in Executive Session pursuant to RI General Laws § 42-46-5 (a)(1)(2).
A. New Claims:
1. Madeline Carter
2. Theodore Giguere
3. Robert Gomes
4. Fernando Oliveira
5. Progressive Casualty Ins. Co. (Ins: K Eric Crook)
B. City Manager Job Performance Review
A. Letters
1. Resolution Town of Foster in favor of H6040, H6041, H6043, S816, and S820 in support of municipal choice regarding Rhode Map RI.
2. Smithfield School Committee Resolution in support of Gun Free Schools.
3. Charlestown Town Council in opposition to H6100 Sub A and any corresponding Senate bill regarding right to farm.
4. East Greenwich Resolution supporting local flexibility to hold school.
5. Resolution Town of Exeter H6100 in opposition to Right to Farm.
B. Cancellation/Abatements
| Year | Amount |
| 2014 | $692.51 |
| 2015 | $79,198.72 |
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| Total | $79,891.23 |
C. Alcoholic Beverage Class F-1
Riverside Sportsman Association, 1 Sportsman Drive (02915), Fundraiser with Opportunity Knocks for East Providence Girls Basketball Team, Sarah Rockwell, 65 Magnolia Street (02916)
A motion to approve the Consent Calendar is made by Assistant Mayor Cunha, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
Councilwoman Capobianco requests and is granted unanimous consent to request the City Solicitor draft a resolution allowed for City employees to utilize documented vacation and/or personal time to coach in East Providence.
A. Chrissy Rossi – High School Coaches
City Manager Lemont responds to the questions regarding his decision not to allow coaches to leave work early. He states that in some small offices this can be a burden. He adds that tax payers or paying City workers to be on the job for a set time. What they do after 4pm is their business and if they work a second job or coach that is up to them. While he commends those who coach after the work day he has to enforce rules during the work day same as any other organization or business would. Not all those coaches mentioned are affected by whether or not they can leave early.
A. Proclamation for the Library’s One Book One City Program – by Mayor Rose
Mayor Rose reads and presents the proclamation.
Assistant Mayor Cunha makes an announcement that Councilwoman Capobianco has been named Woman of the Year by East Bay Community Action.
The City Manager adds that he was in attendance at the event which over 300 people also attended.
1. Tom Riley, 3620 Pawtucket Avenue (02915) requesting to address the Council regarding re-allocating City water charges.
Mr. Riley stated that he is present to discuss how to fairly determine water usage and describes in detail his concerns.
2. Leeann Dias, 57 Tryon Avenue (02916) requesting to address the Council regarding the 15th Annual Block Party on Saturday, July 18th blocking the corner Estelle street and Ferris Avenue.
A motion to approve the Block Party Councilwoman Capobianco, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous.
3. Joseph A. Botelho, Jr., 82 Plymouth Road requesting to address the Council regarding introduction of the Kent Heights Neighborhood Association purpose and goals.
Mr. Botello passed out information to the Council detailing the new organization’s goal and this information was attached to the docket package. Mr. Botello discusses and answers questions regarding the new organization.
A. Carnival
Amron Family Fun Fare, 577 Rocky Hill Road, N. Scituate (02857), Edward Browning, 577 Rocky Hill Road, N. Scituate (02857)
Location: 700 Bullocks Point Avenue – Crescent Park Carousel, June 18-June 21, 2015
A motion to approve the License is made by Councilwoman Capobianco, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous.
B. Vict/Not over 50
Paige Watson, LLC DBA Bernardo’s, 99 Hicks Street (02914), Paige Watson, 57 Vervena Street, Cranston (02920)
Bernard Watson and Paige Watson were present. Bernard has owned two restaurants in the past. He also had copies of articles from the Providence Journal for best pizza. They will be taking over the Sons of Italy and will have Italian, Seafood and Portuguese food and will add barbeque in the future.
A motion to approve the License is made by Councilwoman Capobianco, seconded by Councilman Britto and on a roll call vote it is unanimous.
C. Holiday Sales
Haji, Ahmad DBA Royal Fuel, 732 Willett Avenue (02915), Haji Ahmad, 51 Bridge Street, Raynam, MA 02767
A motion to approve the License is made by Councilwoman Capobainco, seconded by Councilman Conley and on a roll call vote it is unanimous.
A. City Managers Report (by Acting City Manager, Paul Lemont)
1. Transfer of OPEB Funds to a trust held by The Trust Insurance
The City Manager explained the other post employment benefits. According to new State laws funds are set aside for retiree benefits and insurance. The City of East Providence already has $4 million set aside which is more than any other city or town. Ion Riddley was called to the podium, he is from The Trust he and his fellow staff member provided a presentation and answered questions. A vote is taken later on the docket under Resolutions.
2. Approval of the Adoption of 25 Year Re-Amortization Regarding the Pension Plan Settlement
The City Manager explains the State has been in litigation for over a year on this item. A consortium has agreed to settle. This now allows for a 25 re-amortization. This is good because it will mean less money to fund the ARC each year. Paul Luba was called to the podium and agreed it would be better to stretch it out longer to lessen the amount of money it would cost to fund the ARC each year so that funds can be available for other projects.
A motion to approve the Re-Amortization is made by Assistant Mayor Cunha, seconded by Councilman Britto and on a roll call vote it is unanimous.
3. Approval of Easements for the Kettle Point Project
Director Boyle is called the podium and explains the easements and calls Scott Spear, Esq. to the podium he represents Kettle Point. He further explains the easements.
A motion to approve the Easements is made by Assistant Mayor Cunha, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
4. 2016 CDBG Budget
Director Boyle and David Bachrach are called to the podium. David explains this is the 5 year plan as required by HUD. He will be holding a public hearing for agencies to make the case for funds needed. There will be and a public comment period after which the plan will become final. The public hearing will be held July 7th.
A motion to approve is made by Councilwoman Capobianco, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous.
5. Recommendation for Approval of Water Storage Tank Bid
There were two bids the City Manager is requesting approval of the low bid.
Councilman Britto asks if this is part of the $19 million dollars already approved and the City Manager replies it is.
Mayor Rose questions why the painting of the older water storage tank isn’t being done as he remembers this being discussed and he has been receiving a lot of calls from residents about this.
Director Coutu is called to the podium. He states this is not part of this project. This project focuses on the water quality and will take about 16 months. Perhaps the painting of the old tank can take place after this project is finished. He adds that the painting would cost $500,000-$600,000.
The City Manager calls Director Moore to the podium and asks if funds could be used for the painting from the water enterprise fund.
Director Moore states that he will see what dollars are available and report back at the next Council.
A motion to approve the Recommendation is made by Councilwoman Capobianco, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous.
6. Bid Award Vehicle Radio Systems DPW
Mayor Rose states that this has been long awaited and much needed during storms.
Director Coutu comes to the podium and states that they lose connection during storms as the old system is analog and just doesn’t function well anymore. If approved now all the trucks will have these new radios in place by storm season. The total low bid is $145,046.40 from CyberCom.
A motion to approve the Bid Award Councilman Britto, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
B. Reports of Other City Officials
1. Claims Committee Report (by City Solicitor Timothy Chapman)
Pursuant to R.I.G.L. § 42-46-5(a)(2), a motion is made by Councilman Britto and seconded by Councilman Cunha to convene in closed session for the purposes of discussing claims & litigation. Upon a roll call vote: Mayor Rose – Aye, Councilman Britto – Aye, Councilwoman Capobianco – Aye, Councilman Conley – Aye, Councilman Cunha - Aye, the motion is approved 5-0.
EAST PROVIDENCE CLAIMSCOMMITTEE
CLAIMS & LITIGATION REPORT
TUESDAY, JUNE 16, 2015; 7:00 P.M.; ROOM 101
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NEW CLAIMS
MADELINE CARTER $295.33
RM No. 14-114, Claim No. 15-056
Claim for property damage to a fence from a Mega recycling truck sustained while conducting trash collection services. See recommendation of the Director of Public Works.
Motion by: Councilman Britto Seconded by: Councilwoman Capobianco
Motion: Refer the claim to the City’s recycling contractor, MTG Disposal.
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VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye | √ | √ | √ | √ | √ |
| Nay |
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| Abstain |
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| Absent |
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THEODORE GIGUERE $2,600.00
RM No. 15-041, Claim No. 15-032
Claim for property damage to a stone wall sustained as a result of snow removal operations. The Claims Committee deferred the claim at its meeting held on May 5, 2015 for further clarification. See memorandum of the Director of Public Works.
Motion by: Councilman Britto Seconded by: Councilman Conley
Motion: Deny the claim.
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VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye | √ | √ | √ | √ | √ |
| Nay |
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| Abstain |
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| Absent |
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ROBERT GOMES $2,745.99
RM No. 13-101, Claim No. 15-043
Claim for property damage sustained as a result of a pipe break. See recommendation of the Director of Public Works.
Motion by: Councilwoman Capobianco Seconded by: Councilman Britto
Motion: Deny the claim.
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VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye | √ | √ | √ | √ | √ |
| Nay |
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| Abstain |
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| Absent |
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FERNANDO OLIVEIRA $313.17
RM No. 15-055, Claim No. 15-062
Claim for property damage to vehicle sustained as a result of striking a raised manhole on North Broadway. See recommendation of the Director of Public Works.
Motion by: Councilman Britto Seconded by: Councilwoman Capobianco
Motion: Refer the claim to Cardi Corporation.
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VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye | √ | √ | √ | √ | √ |
| Nay |
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| Abstain |
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| Absent |
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PROGRESSIVE CASUALTY INS. CO. $1,140.00
(INS: K ERIC CROOK)
RM No. 15-037, Claim No. 15-057
Claim for property damage to vehicle sustained as a result of an accident with a fire department vehicle.
Motion by: Councilwoman Capobianco Seconded by: Councilman Cunha
Motion: Approve the claim in the amount of $1,140.00.
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VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye | √ | √ | √ | √ | √ |
| 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 Councilwoman Capobianco, seconded by Assistant Mayor Cunha and on a roll call it is unanimous.
C. Council Members
1. City Manager Search Discussion (by Mayor Rose)
Director Waterbury is called to the podium updates and answers questions from the Council. Through her research she found that the average salary for City Managers from RI and MA is $155,000 and that she would suggest a range from $135,000-$160,000. The ads would be posted in the Providence Journal, Boston Globe, ICMA, Indeed and Monster.com and for now will only entertain New England candidates.
A motion is made to set the salary from $135,000-$160,000 by Assistant Mayor Cunha, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
A motion is made for the Council to negotiate any additional items as they see fit by Assistant Mayor Cunha seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
A motion for the timetable for posting the position to be 30 days by Assistant Mayor Cunha, seconded by Councilman Conley and on a roll call vote it is unanimous.
A motion to start the process immediately is made by Assistant Mayor Cunha, seconded by Councilman Conley and on a roll call vote it is unanimous.
2. Speeding in the Neighborhoods (by Assistant Mayor Cunha)
Chief Parella is called to the podium. He states that they will be doing the safe summer program again this year. That speeding is a top complaint. He asks the Assistant Mayor to forward the streets where there are issues to him and they will get traffic control set up there.
3. Sewer Update (by Assistant Mayor Cunha)
Assistant Mayor Cunha deferred this item.
4. Aligning the City's Fiscal Year with the State's Fiscal Year (by Councilman Britto)
Councilman Britto called Director Moore to the podium to explain the pros and cons. He notes that over the recent years the City has paid more than $1 million dollars in interest borrowing money and this could be used on other things needed in the City.
Director Moore comes to the podium and explains the alignment process pros and cons and costs associated.
5. Desalinization (by Councilman Britto)
Councilman Britto explains that Swansea is a leader in the world with their salinization plant and they are 3rd in the world for this process. He states that he knows this is not something that would be done right away but it is a possible future suggestion to assist in the high cost of water for the City. He adds that he is just putting this out there for discussion as one possibility.
D. Report of School Committee Liaison
There was no report of the Liaison.
E. Resolutions
1. RESOLUTION IN SUPPORT OF RESTORING COST REDUCTIONS DIRECTED BY THE BUDGET COMMISSION
A motion to dispense with the reading of the Resolution is made by Assistant Mayor Cunha, seconded by Councilman Conley and on a roll call vote it is unanimous.
WHEREAS, the City of East Providence (“City”) has already exceeded the fiscal goals presented to them by the Budget Commission in its Five Year Plan for the City, including a bond rating increase of 2 grades; and
WHEREAS, the City has attained through prudent fiscal management a general fund surplus of approximately $13,200,000.00, and a fully funded “rainy day” fund of approximately $10,000,000.00; and
WHEREAS, the City has fully funded its pension Annual Retirement Contribution (“ARC”) since 2013; and
WHEREAS, the City is prepared to fully fund its Other Post-Employment Benefits (“OPEB”) ARC for fiscal years 2013 and 2014 into a newly created trust fund created by the Rhode Island Interlocal Risk Management Trust making them one of the few cities in Rhode Island to do so; and
WHEREAS, the City has, since the departure of the Budget Commission, allocated over $8,000,000.00 for road and infrastructure repair; a figure well in excess of that proposed in the Budget Commission’s Five Year Plan; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of East Providence authorize the City Manager, at his discretion, to restore any departmental cost reductions or non-union, non-ordinance based benefit reductions.
Requested by: Mayor Rose
A motion to approve the Resolution is made by Councilman Conley, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EAST PROVIDENCE AUTHORIZING THE ADOPTION OF THE TRUST OTHER POST-EMPLOYMENT BENEFITS FUNDING PROGRAM
A motion to dispense with the reading of the Resolution is made by Councilwoman Capobianco, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous.
WHEREAS, the City of East Providence (“City”) desires to establish an Other Post-Employment Benefits (“OPEB”) trust fund pursuant to the relevant provisions of the General Laws of Rhode Island § 45-21-65, as amended; and
WHEREAS, pursuant to R.I. Gen. Laws § 45-5-20.2 the Rhode Island Interlocal Risk Management Trust has established an OPEB Funding Program (the “Program”) designed to fund post-employment benefits for the City’s employees as specified in the City’s policies and/or applicable collective bargaining agreements; and
WHEREAS, the City is eligible to participate in the Program; and
WHEREAS, it is determined to be in the best interest of the City to adopt the Public Agencies Post-Retirement Health Care Plan Trust, a multiple employer tax-exempt trust performing an essential governmental function within the meaning of Section 115 of the Internal Revenue Code, as amended, and the relevant statutory provisions of the State of Rhode Island; and
WHEREAS, the City’s adoption and operation of the Program has no effect on any current or former employee’s entitlement to other post-employment benefits; and
WHEREAS, the terms and conditions of post-employment benefit entitlement, if any, are governed by contracts separate from and independent of the Program; and
WHEREAS, the City’s funding of the Program does not, and is not intended to, create any new vested right to any benefit nor strengthen any existing vested right; and
WHEREAS, the City reserves all rights to make contributions, if any, to the Program; and
WHEREAS, although state law permits public entities to establish trusts and this Program for the purposes of funding post-employment benefits, any employer participating in the Program or participant in such Program shall hold harmless the State of Rhode Island and/or its, agents, employees, and servants from any cause of action arising from the administration of or participation in the Program.
NOW THEREFORE, BE IT RESOLVED THAT:
1. The City Council hereby approves participating in the OPEB Funding Program established by the Rhode Island Interlocal Risk Management Trust; and
2. The City Council hereby adopts the Public Agencies Post-Retirement Health Care Plan Trust, including the Public Agencies Post-Retirement Health Care Plan, effective June 16, 2015 (the “Trust”); and
3. The City Council hereby appoints the Director of Finance or his/her successor or his/her designee as the City’s Plan Administrator for the Trust. The Plan Administrator shall act on behalf of the City in all matters relating to the City’s participation in the Trust, including, but not limited to, authorizing the investment of assets in the Trust, providing directions to the Trustee and/or the Trust Administrator, and authorizing disbursements from the City’s trust assets, and the City shall, pursuant to R.I. Gen. Laws §45-15-6, indemnify said Plan Administrator;
4. The City Council hereby delegates the oversight of the investment management of the City’s funds placed into the Program to the Rhode Island Interlocal Risk Management Trust’s Board of Trustees; and
5. The City’s Plan Administrator is hereby authorized to execute the legal and administrative documents on behalf of the City and to take whatever additional actions are necessary to maintain the City’s participation in the Trust and to maintain compliance of any relevant regulations issued or as may be issued.
Requested by: Mayor Rose
A motion to approve the Resolution is made by Councilwoman Capobianco, seconded by Councilman Conley and on a roll call vote it is unanimous.
2. RESOLUTION REQUESTING THE STATE PROVIDE MORE RESOURCES TO ADDRESS THE RENOVATION NEEDS OF EAST PROVIDENCE AND OTHER RHODE ISLAND COMMUNITIES’ AGEING HOUSING STOCK
A motion to dispense with the reading of the Resolution is made by Assistant Mayor Cunha, seconded Councilwoman Capobianco and on a roll call vote it is unanimous.
WHEREAS, the City of East Providence (“City”) currently has approximately 45 residential properties owned by financial institutions dating from 2008 that stand vacant and boarded up; and
WHEREAS, the City has 41.4% (8,862) of its housing stock between 66 and 76 years old; and
WHEREAS, the City is an Entitlement Community that receives annual funding from HUD to address some of this need; and
WHEREAS, the City’s Entitlement funds have been reduced by 26% since 2010 resulting in inadequate funds to address the renovation need.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of East Providence requests that the Rhode Island State Legislature direct the State Housing Resource Commission, established under Rhode Island General Laws Title 42, Chapter 128 entitled “Rhode Island Housing Resources Act of 1998”, to facilitate a meeting of the Five Entitlement Communities, Rhode Island Housing, and members of the State Housing Resource Commission in order to discuss ways of addressing this need.
NOW THEREFORE, BE IT FURTHER RESOLVED that the City Council for 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, Lieutenant Governor of the State of Rhode Island, the President of the Rhode Island Senate, the Speaker of the House of Representatives, and the Senators and Representatives for the City of East Providence.
Requested by: Councilman Cunha
A motion to approve the Resolution is made by Assistant Mayor Cunha, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
A motion to adjourn is made by Assistant Mayor Cunha, seconded by Councilman Britto and on a roll call vote it is unanimous.
Approved By Council: July 21, 2015
Attest: _______________