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CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
October 6, 2015
Council Chambers, City Hall, 145 Taunton Avenue, East Providence, RI 02914
5:45 P.M. Open Session
I. CALL TO ORDER
Mayor Rose calls the meeting to order at 6:00PM
II. SALUTE TO THE FLAG
Mayor Rose makes an announcement that Councilwoman Capobianco will be absent due to a family emergency.
A motion is made by Councilman Conley to continue the Comprehensive Plan and Zoning Amendment regarding Perry McStay Funeral Home to the October 20, 2015 Docket per the applicant, seconded by Councilman Britto and on a roll call vote it is unanimous 3-0 with Councilwoman Capobianco and Assistant Mayor Cunha Absent.
A motion is made to move the Fire Apparatus Presentation to this location on the Docket by Councilman Britto, seconded by Councilman Conley and on a roll call vote it is unanimous 3-0.
III. PROCLAMATIONS AND PRESENTATIONS
A. Fire Apparatus Presentation (by Oscar Elmasian, Fire Chief)
Chief Elmasian and Battalion Chief Rave provide a power point presentation. They note the City normally keeps apparatus, fire trucks, 25-30 years which is longer than most other communities. There are two representatives present from C & S and bids were sought to replace Engines 2 and 3 in Riverside and Rumford. The City would leave the old trucks in a reserve status so that they are not operating daily.
Councilman Britto asked if there are currently any apparatus which are not in service.
The Chief explained the trucks were purchased in 2007 and they are very good trucks but to get the same trucks now they would be priced right out of the ballpark and the company was not willing to work with them. Spartan which is a division of C & S is willing to work with us and can save us money.
Councilman Britto stated this is for public safety and we will be in trouble in the future if we don’t do this.
Mayor Rose asked when this had to be completed.
The Chief explained they had a November 1st deadline but it must be acted on this evening in order to get the paperwork completed which will take 2 weeks. If not they cannot stay within the pricing index agreement and there will be a 3-5 % increase in pricing. They are currently working off pricing which is about 2 years old.
Assistant Mayor Cunha arrives.
The Fire Chief stated that his 5 year plan is for 2 engines.
The Spartan representative is called to the podium. He states the original proposal was written in June and he has received two extensions and they are up against their yearend deadline and cannot hold the pricing. They require a couple of weeks at the outset to be able to get everything in on time.
Councilman Britto stated he has looked at the proposal over and over and is ready to make a decision and make a motion to accept the Chief’s recommendation and purchase the 3 pieces of apparatus.
Mayor Rose asks the Chief if this is in addition to his department’s budget.
The Chief responds the 3rd will be but by the time it is delivered it will be another budget cycle and he would really like to be able to achieve the $72,000 in savings by getting all 3 now.
Finance Advisor Paul Luba is called to the podium. He states the Council has approved in the 2015 budget for one truck lease and explained how the leasing of the next two would take place.
Councilman Conley asked if all 3 trucks add another $300,000 in payments in the next year.
Mr. Luba stated regarding the lease to fit into the budget with no balloon note at the end. At the end of the lease the City owns it outright. Mr. Luba requested to view the lease documents ASAP.
Assistant Mayor Cunha asked if essentially the City is purchasing the trucks and Mr. Luba responded yes.
Mayor Rose asked if tonight would be best to vote on the 3rd because after all it is in the 2017 budget not this one.
Mr. Luba stated the City would place the order in the 2016 budget but not pay it until 2017 with the cost savings on the purchase of 3 trucks adding that the City would appropriate it now.
A motion to approve the three fire apparatus as recommended by the Fire Chief is made by Councilman Conley, seconded by Councilman Britto and on a roll call vote it is unanimous 4-0.
IV. TO APPROVE THE CONSENT CALENDAR
A. Letters
1. Charlestown Resolution in support of the Quonset Air Museum.
2. Middletown Resolution in support of the Quonset Air Museum.
3. Westerly Resolution in support of the Quonset Air Museum.
B. Cancellations/Abatements
Year Amount
2014 $61.92
2015 $5,614.68
Total $5,676.60
C. Alcoholic Beverage Class F
1. Our Lady of Loreto Church, 346 Waterman Avenue (02914), Feast, October 24, Erika Alves.
2. Loggia Luce Moderna #112 DBA Sons of Italy, 99 Hicks Street, Barbeque Festival with Music, October 11th 12pm-6pm, Rain Date October 12th, William H. Meekins.
D. Council Journals
1. Regular Council Meeting September 15, 2015
A motion to approve the Consent Calendar is made by Councilman Britto, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous 4-0.
V. PUBLIC COMMENT
A. Nate Cahoon, School Committee Member – School Department Budget Funding.
School Committee Member Cahoon passed out information for the Council regarding funding and the lower than average funding the City has been providing the schools.
VI. COMMUNICATIONS
A. David Silvia, 1086 South Broadway requesting to address the Council regarding sidewalk repair and answer to his letter dated 8/20/15.
Mr. Silvia was not present.
VII. APPOINTMENTS
A. Traffic Control (by Mayor Rose)
Mike Peixinho, 111 Wannamoisett Road (02916)
A motion to approve the Appointment is made by Councilman Conley, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous 4-0.
VIII. PUBLIC HEARING
A. ORDINANCE OF THE COUNCIL OF THE CITY OF EAST PROVIDENCE APPROPRIATING $178,257,356 FOR THE SUPPORT OF THE CITY GOVERNMENT FOR THE FISCAL YEAR ENDING OCTOBER 31, 2016
SECTION I. The general fund receipts for the fiscal year ending October 31, 2016 have been established to amount to $178,257,356 made up as follows:
SECTION II. To defray the expenses of the City of East Providence for the fiscal year commencing November 1, 2015 and ending October 31, 2016, the sum of money, or so much thereof as are authorized by law indicated in the accompanying schedule, are hereby appropriated for the objects and purposes, and in the amounts expressed therein, provided that payments thereunder shall be subject to the provisions of the City Charter of the City of East Providence and also subject to the provisions of said City Charter relative to the manner and form of expenditures of money set forth in said Charter from the City Treasury.
SECTION III. All monies appropriated are to be expended by the various departments in the manner and form approved by the Director of Finance.
SECTION IV. The payment to the School Fund of the following estimated receipts, included in the appropriation of $76,607,624 for the support of the public schools for the City of East Providence fiscal year 2015-2016, shall be increased or decreased to conform with the actual amounts received from such sources during the fiscal year 2015-2016 except the appropriation of property tax.
SECTION V. The purpose of this ordinance is to adopt the Budget for the fiscal year 2015-2016 which begins November 1, 2015 and ends October 31, 2016 as prepared and submitted by the City Manager, and to implement the recommendations as set forth in the City Manager's Budget Message by the approval of said recommendations as contained herein, or by other ordinances or resolutions of the Council of the City of East Providence; all in accordance with the provisions of said Article.
SECTION VI. This ordinance shall take effect upon its passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
Advertised: East Providence Post October 1, 2015
Mayor Rose thanked School Committee Member Cahoon and let the school committee members present know that the City Council had received the School Department Budget only yesterday. He added the City Manager’s proposed budget called for a 0 percent tax increase however there were items voted by the Council which appear to not be included in this budget, for example the learning center at the library and the second part of the solar project. The City Manager presented the budget this way but it really isn't a 0 percent tax increase. For every $750,000 that is added to this budget it equates to a 1% tax increase. Mr. Luba was called the podium to explain this. Mr. Luba also stated he believes there is room in this budget to be able to spend without reallocating.
Councilman Conley stated he agrees with the Mayor’s statements and this is a bad budget. Councilman Conley continued stating what the City Manager did was to state a 0 percent tax increase and this is what brought the Budget Commission to East Providence in the first place. The City Manager asked department heads to cut 1 percent of their budget and then level funded the school. All this does is to kick the can down the road. He increased both police and fire but proposed nothing for the schools. This is a bad budget for the City and it does a disservice to the tax payers.
Assistant Mayor Cunha stated he is going to have to agree on this and it is exactly why we are here with the water sewer issue that we have today.
Councilman Conley added the City Manager is trying to make the Council look like the bad guys if we raise taxes. He continued by citing an example of a $1.3 million increase to the schools which would increase the taxes by 2 percent and he thinks the Superintendent would agree that we could do a lot with those type of funds in the schools. If people want excellence in education the schools need more funds and therefore he cannot support this budget the way it is written.
Councilman Britto asked if the number needed for the schools factors in the State funds and if yes then would the total be less?
Mr.Luba stated yes.
Mr. Cahoon spoke stating he included this for every city so it is still an accurate comparison.
School Committee Member Joel Monteiro spoke and stated if the City just went by property tax allocation they are still at 42.368 percent, compared to other communities, ranking in the same order.
Assistant Mayor Cunha asked why the graduation rate was so low.
Superintendent Kim Mercer spoke stating it has in fact gone up the last 2 years.
Mr. Cahoon stated he did find a slight correlation in money spent and graduation rate but it is not a statistical analysis by any point.
Assistant Mayor Cunha stated the back and forth bickering is tiring. He absolutely agrees the school is underfunded, he has kids in the system and his concern is that when the school budget was presented to the Council it was minimal with no line items. What we were asking for more depth.
Mr. Monteiro responded to that stating in defense of the Superintendent what the Council received was the exact same format when the Budget Commission was here and this would be the 3rd year with this format. We will agree that in the public eye this has been a mark on our City and the way we operate. Committee members have been asking for a joint meeting since January. How we react and respond from this day forward is what matters.
Assistant Mayor Cunha agreed yes we should have a joint meeting.
Mayor Rose agrees as well adding he had to send a certified letter to get last year’s budget. If this budget was something that came to us it would have been totally different adding that as far as the $1.3 million he is not that far but he is also not at level funding after seeing this budget.
Mr. Monteiro stated if there is an issue with a department then as elected officials we need to respond. In his opinion, the communication did not increase after the legislative breakfast. He would have preferred they put together a plan 3 years ago for minimal increases to get the City to somewhat of what other towns have. We have tripped over ourselves way too much.
Mayor Rose stated each Council meeting the School Committee Liaison Tony Ferreira speaks and we have heard a lot about the buildings but also need to hear some of this as well.
Mr. Monteiro stated we need to stop going to the papers and we need to step forward with good intentions.
Assistant Mayor Cunha asked what in his statement did Mr. Monteiro not agree with.
Mr. Monteiro stated he disagreed with the tone and title “grossly wasteful”.
Councilman Britto stated we are all here for the budget and at this point in time let’s just stick with that.
Mayor Rose stated just this month they received an email from Chairman Tsonos which was sent requesting a joint meeting for Wednesday, October 21st.
Assistant Mayor Cunha stated there are many intelligent people in the school department and they could have put this budget together sooner.
School Committee Member Jessica Beauchaine spoke and stated that people like to see books, pens, pencils, playgrounds, and salaries but our buildings are falling apart. We had 236 violations for fire safety violations. She doesn’t want to lose teachers but the buildings need repair. We have apologized for you for not receiving the budget but she puts trust in police, fire, technology and human resources that they are budgeting correctly for their departments and the Council should do the same. She trusts them because that is their job. She doesn’t ask the Council what they do with her money she trusts them now she is in the seat and would like to be trusted.
Councilman Conley stated when the City doesn’t invest in the infrastructure this is what happens and that is his problem with this budget. They are not going to solve it in one budget the needs are greater than our financial capacity.
Ms. Beauchaine stated safety was not an issue 50 years ago like it is today. Therefore, replacing doors costs money and we are making them safe and they are safe. The Schools now have police which are school resource officers and in other districts they are following our lead. The pool closing now requires boarding and this all cost money. She concluded that both groups really do need to work together that is why when she first was elected she emailed everyone but never heard back however she feels things can move forward.
As part of the public hearing on the budget:
Tom Riley, 3620 Pawtucket Avenue (02915) speaking as the Chair of the Canvassing Authority spoke that title 17 dictates some fixed costs in their budget in order to run elections. The 1% cut requested by each department is not possible there is virtually nothing that can be chopped out. Mr. Lemont has addressed this issue. The Council voted to remove some of the restrictions put in place by the Budget Commission and since then Mr. Riley states he has repeatedly requested the board members have their pay put back in. They haven't been paid for 3 years. They would be paid $1,500 each for a total of $4,500.
Mayor Rose called Director of Planning Jeanne to the podium regarding the funds for part two of the solar project totaling $250,000. He asked if the item located on page 53 of the budget would be that item.
Director Boyle stated the item is unspecified but Planning in their capital request for over a million dollars did have a recommendation from the Planning Board for this and the number and does seem to include that amount.
Mr. Luba stated yes it is in the capital budget.
Mayor Rose asked to confirm that the project is for phase 2 of the Solar Project and that the City will receive $180,000 per year for approximately 20 years.
Director Boyle stated that is correct and phase 2 will be operational by 2016.
Councilman Conley stated he felt the $20,000 for the study of the Watchemoket and Riverside Squares really should be in this budget and with a projected $2 million operating surplus not to have this is short sighted.
Director Boyle stated she gave that some thought also and based on Mr. Luba’s clarification it was removed but was placed in the capital budget under selected sites to come up with a conceptual plan. She feels as though they can take the $20,000 from there and use it for a marketing analysis.
Mayor Rose stated Pierce Field had a $40,000 recommendation for the bathroom upgrade which is also in there.
Councilman Britto stated early on in the discussion there was information regarding the Recreation Field in Riverside.
Director Boyle stated yes there was and if the Council looks at the 6 year capital improvement recommendation they will see that $200,000 is in there for this purpose and she was just informed RI DEM is having a grant run and to identify this in the capital improvement plan increases the City’s chances.
Mayor Rose asked Mr. Luba if the capital improvements in Buildings can be used for anything that comes up in the coming year which would need repairs. Adding, he brought the City Manager to the Carousel today and due to the recent storm winds they have experienced a separation of boards and structural damage.
Mr. Luba responded yes.
Mayor Rose asked about the generator for City Hall.
Mr. Luba stated both the City Manager and the IT Director felt that when power goes down during storms at City Hall and at the Department of Public Works too often communications are lost completely. They don't have a generator now which would kick in.
Mayor Rose asked about the animal shelter vehicle.
Chief Parella came to the podium and explained the $60,000 allocated was for $40,000 for a new vehicle and $20,000 for an insert. However, EPPD has agreed that when they update a patrol SUV they will send the vehicle to Animal Control and avert having to purchase one but the vehicle would still need the $20,000 retro fit insert. Currently, we are giving them our primary paddy wagon which is in excellent condition and we have a new paddy wagon.
Mayor Rose stated because of the Google funds the police were able to replace the entire fleet but it’s important to look into maintaining the fleet and not relying on the Google money.
The Chief agreed and indicated this is exactly what they are doing.
Mayor Rose asked about the funds for the library’s learning center which were not put in the budget even though the Council voted for it.
Director of Library Service, Eileen Socha stated she was told it would be in the capital fund for a total of $125,000.
Councilman Conley questioned City Manager regarding the 5 year capital improvement plan that the library doesn't exist in there right now and we need to be consistent about how we identify and prioritize.
The City Manager agreed.
Under Public Comments on the Budget as part of the Public Hearing:
Izilda Teves, 345 Sutton Avenue spoke regarding page 13 of the budget which states 10 employees in the IT Department.
The Director of IT, Kelly Ahrens stated this includes the 2 secretaries which work for the school department also and for which they are paying half. She added regarding the salaries going up that is not true the $60,000 represents additional employees this year a City specific IT person and the an on-line content developer.
Ms. Teves continued regarding Page 8 of the budget she would like to know why there is a line item for benefits for the Council totaling $49,389 when the budget commission removed the benefits.
The Council let Ms. Teves know this was done by the City Manager with a number of other items which had been taken out by the budget commission. Those receiving the benefits have them deducted from their pay.
She also asked about the salary listed on page 18. Mr. Luba stated it was his salary and it had been moved under the Finance Department, half comes from the State, one quarter from Woonsocket and one quarter from East Providence.
She asked why Human Resources since it is un-consolidated still has the same salary for the Director. Mayor Rose stated this doesn't change it’s no different than buildings and grounds when that was un-consolidated.
Mr. Joseph A. Botelho, Jr., 82 Plymouth Road
Mr. Botelho stated the revaluation year with the new assessments in essence sends the taxes up anyway so it’s really not a 0% tax increase. This happens anytime there is a reval.
Mr. Luba stated the Assessor comes up with a rate that theoretically comes up to that amount and he does try to make it as fair as possible.
Mr. Botelho stated on average once assessed it goes up by 8% so all he is saying is that the City is going to get a windfall anyhow so if he were the Council he wouldn't worry about where the money is going to come from. He added he really felt bad for the people from the school department although when he was at the dais the Schools were getting 60% and City 40%. We have the best police and fire in the State but on the other hand it is well documented about the issues with the school department. We have a full page of exemptions and it would be interesting to see what the City loses from those exemptions outside of the homestead exemption.
Tony Ferreira, School Committee Liaison
Mr. Ferreira stated when the Mayor mentioned the door project he was not offended. He added if our School Department was run as a business we would file bankruptcy. Years ago when he would go inside the schools the problems there would have scared him. If the City had to operate this way, for example, let’s try shutting off the hot water tomorrow at City Hall because we have schools like that now, shut off the air, shut the heat off, take a custodian away one day per week, our facilities director is under an education director. These issues could go on and on.
Mayor Rose stated he happened to be at the Highway Garage and the large lawn tractor which 25 years ago cost about $25,000 the school department junked for $800. The company who bought it flipped it and are selling it for over $2,400.
Assistant Mayor Cunha asked a question regarding page 26 of the School Department budget regarding a line item for 2 principals at the high school at a salary of $105,000 in addition to an Assistant Principal and it was explained to Council that when a principal is moved the salary is based on their union contract.
The Council agrees to set up the following meetings for the month of October:
October 15th 5:30PM Budget Meeting
October 20th 7:30PM Regular Council Meeting
October 21st 6:30PM Joint Meeting of the City Council and School Committee
October 23rd 5:30PM Budget Meeting
A motion to defer the Budget Ordinance to the October 20th Council meeting is made by Councilman Britto, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous 4-0.
B. AN ORDINANCE IN AMENDMENT OF THE CITY OF EAST PROVIDENCE 2010-2015 COMPREHENSIVE PLAN UPDATE
SECTION I. Map 3 of the City of East Providence 2010-2015 Comprehensive Update entitled “Central East Providence Generalized Land Use,” is hereby amended to identify the property designated as Assessor’s Map 307, Block 23, Parcels 2 and 3 as office/service use subject to the following conditions:
• That the use of Parcel 3 (vacant parcel) is restricted to a parking facility that is an accessory use to the funeral home located at Map 307, Block 23 Parcel 2 (2555 Pawtucket Avenue);
• In the event Parcel 3 is not developed into or used as a parking facility, the Comprehensive Plan designation of Parcel 3 would revert to its original status as a “Medium density residential” designated on the generalized land use map (Map 3) of the City’s Comprehensive Plan.
The Central East Providence Generalized Land Use Map (Map 3) of the City of East Providence 2010-2015 Comprehensive Plan Update shall be amended accordingly.
SECTION II. This ordinance shall take effect upon passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Planning Department
C. AN ORDINANCE IN AMENDMENT OF CHAPTER 19 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND 1998, AS AMENDED, ENTITLED “ZONING”
SECTION I. Section 19-95 entitled “Districts Designated” of Article III entitled “District Regulations” is hereby amended as follows:
Parcels 2 and 3 on Assessor’s Map 307, Block 23 presently located in a Commercial 1 District and Residential 4 District respectively are hereby changed to be included in a Commercial 2 District subject to the following conditions:
• That the use of Parcel 3 (vacant parcel) is restricted to a parking facility that is an accessory use to the funeral home located at Map 307, Block 23 Parcel 2 (2555 Pawtucket Avenue);
• In the event Parcel 3 is not developed into or used as a parking facility, Parcel 3 would revert to its original status as a Residential 4 designation on the City’s official zoning map;
• That the entire length of the existing chain link fence along the rear property line of Parcel 2 (2555 Pawtucket Avenue) is removed and replaced with a stockade fence for a distance of approximately 165 feet;
• That all of the site improvements are installed as shown on the plan set titled, “Perry/McStay Funeral Home, Proposed Parking Lot Addition” last revision date September 9, 2015;
• That a maintenance plan is submitted by the applicant that addresses maintenance needs of the proposed parking facility for Parcel 3 and maintenance of the stockade fence to be installed along the property lines of Parcels 2 and 3.
The Zoning Map of the City of East Providence shall be amended accordingly.
SECTION II. This ordinance shall take effect upon passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Planning Department
IX. PUBLIC HEARING - ORDINANCE FINAL PASSAGE
A. An Ordinance Repealing a Stop Sign on Estrell Drive at Larry Lane.
A motion to continue the Stop Sign Ordinance to the October 20th Council Meeting is made by Councilman Britto, seconded by Councilman Conley and on a roll call vote it is unanimous 4-0.
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 deleting therefrom the following:
Estrell Drive (northbound and southbound traffic) at Larry Lane
SECTION II. This ordinance shall take effect upon second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Councilman Conley
X. LICENSES REQUIRING PUBLIC HEARING
A. B-Limited Vict - Stock Transfer
Yama Fuji II, Inc. DBA Yama Fuji, 1080 Willett Avenue (02915), Rong Guo and Xuijia Zhang, 260 Providence Avenue (02915)
Attorney Peter Squirs is present for the applicant. This is a two member corporation and one member is buying the other member out.
A motion to approve the License is made by Councilman Britto, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous 4-0.
B. B-Full Privilege Vict
Tasquinha Restaurant, Inc. DBA Tasquinha Restaurant, 218 Warren Avenue (09214), Herman S. Cabral, 5 Endicott Street, Cranston (02910)
A motion to approve the License is made by Councilman Britto, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous 4-0.
C. Dance Entertainment
Tasquinha Restaurant, Inc. DBA Tasquinha Restaurant, 218 Warren Avenue (09214), Herman S. Cabral, 5 Endicott Street, Cranston (02910)
A motion to approve the License is made by Assistant Mayor Cunha, seconded by Councilman Britto and on a roll call vote it is unanimous 4-0.
D. Second Hand Antique
Lavern E. Helgran DBA A-1-Coin & Jewelry Exchange, 99 Taunton Avenue (02914), Lavern E. Helgran, 300 Smithfield Road, Building 2, Unit 17, North Smithfield (02914)
A motion to approve the License is made by Councilman Britto, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous 4-0.
E. Second Hand Gold & Silver
Lavern E. Helgran DBA A-1-Coin & Jewelry Exchange, 99 Taunton Avenue (02914), Lavern E. Helgran, 300 Smithfield Road, Building 2, Unit 17, North Smithfield (02914)
A motion to approve the License is made by Assistant Mayor Cunha, seconded by Councilman Britto and on a roll call vote it is unanimous 4-0.
XI. LICENSES NOT REQUIRING PUBLIC HEARING
A. Vict/Over 50
Riverbank Operations, LLC DBA Moe’s Southwest Grill, 75 Highland Avenue (02914), Emmet Moore, 125 Ryder Road, North Stonington, CT 06359.
A motion to approve the License is made by Assistant Mayor Cunha, seconded by Councilman Britto and on a roll call vote it is unanimous 4-0.
B. Annual Renewal of Miscellaneous Licenses Authorization Granting to Renew Subject Licenses, Excluding Alcoholic Beverage Licenses, for Year Commencing December 1, 2015 Upon Application by Licensee and Approval by Chief of Police And, as Required, by Health Inspector and Other City Officials.
A motion to approve the Annual Renewal of Miscellaneous Licenses is made by Councilman Britto, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous 4-0.
XII. NEW BUSINESS
A. City Managers Report (by City Manager, Richard Kirby)
1. Request for Qualifications - Landfill Cap Material Screening
The City Manager called Director Coutu to podium.
Director Coutu explained this is a prequalification and they will be coming back to the Council regarding the bid award.
A motion to approve the RFQ is made by Councilman Britto, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous.
2. Award - Professional Engineering Services for Inspection, Assessment and Rehabilitation of Water Pipelines
Director Coutu explained the request was to award a contract for professional engineering services. They are staying with the connection to Providence Water. The pipes were installed in the 1960s and this is a main source of supply and is to assist with the needs of the pipeline for an emergency response plan. Providence, Pawtucket and Bristol County will develop plans to proceed with more work on this.
Councilman Britto asked if this was part of the $19 million bond.
Director Coutu responded it is not, it is part of the operating budget of the water fund.
A motion to award the bid in the total of $276,500 is made by Councilman Britto, seconded by Councilman Conley and on a roll call vote it is unanimous 4-0.
B. Reports of Other City Officials
1. Claims Committee Report (by City Solicitor Timothy Chapman)
There is no Claims Committee Report this meeting.
C. Council Members
1. Evaluation of Job Performance of the Financial Advisor (by Mayor Rose)
Mayor Rose deferred this item.
2. Inquires of Department Head Contracts (by Mayor Rose)
Mayor Rose requested City Manager Kirby to look into this. In the recent past the Council unanimously voted many times not to give any department head contracts and there has been talk about some department heads receiving contracts.
The City Manager stated he would do the appropriate research.
3. Charter Amendment (by Councilman Britto)
Shall the Charter be amended to establish a Mayor/Council form of government in the City of East Providence; establish a two year term for Mayor; establish the powers, duties and salary of the Mayor; Change the wording from City Manager to Mayor and provide for appointment of a City Solicitor and Assistant Solicitor by the Mayor subject to Council approval?
EXPLANATION: This proposed amendment establishes a Mayor/Council form of government in the City of East Providence. It establishes a two year term of office for the Mayor with the first mayoral election to be held in November 2018.
ARTICLE III. - MAYOR
3-1 Election; Term of Office
There shall be a Mayor who shall be elected at the City general election for a term of two years and until his/her successor is elected and qualified. The term of the Mayor shall begin on the first Tuesday after the first Monday in December following said general election.
3-2 Qualifications
The Mayor shall be a legal resident of the City for at least four (4) years next preceding his/her election and a qualified elector of the city.
3-3 Compensation
*The Mayor shall receive an annual salary of _________ [fill in] or such other salary that may be prescribed by ordinance; provided that the salary of the Mayor shall not be changed after the filing of nomination papers for the office or during term of office for which the Mayor was elected.
3-4 Chief Executive and Administrative Officer
The Mayor shall be the Chief Executive and Administrative Officer of the City and shall be responsible for the administration and management of all offices, departments and agencies except as may otherwise be provided by this Charter.
3-5 Powers and Duties
(1) Appoint, and when necessary for the good of the service, remove all officers and employees of the City except as otherwise provided by this Charter and except as he/she may authorize the head of a department or office to appoint and remove subordinates in such department or office;
(2) Notify the City Council of all appointments, which shall be in writing and filed with the City Clerk within five (5) days of the appointments;
(3) Prepare the annual budget and submit it to the council with recommendations and be responsible for its administration upon approval by the council;
(4) Prepare and submit to the City Council within ninety (90) days of the close of the fiscal year a comprehensive annual report of the financial transactions and administrative activities of the City and prepare and make available for distribution to the public within six (6) months of the close of the fiscal an audited complete financial statement on the finances and administrative activities of the City for the preceding year.
(5) Keep the Council advised of the financial condition and future needs of the City and make such recommendations as may seem to him/her desirable.
(6) Enforce or cause to be enforced the laws and ordinances of the City of East Providence.
(7) Recommend to the City Council such measures as he/she may consider necessary and expedient for enactment.
(8) Negotiate contracts on behalf of the City subject to the approval of the City Council, except as otherwise provided for by the Charter or State Law.
(9) In the event of a disaster, catastrophe or other similar event the Mayor shall have the power and authority to declare a municipal emergency and to take whatever action he/she deems necessary to protect the health, safety and security of the City and its inhabitants.
(10) Supervise, control and direct the activities and operations of all departments and administrative offices of the City within his/her jurisdiction.
(11) Review all rules and regulations of the various department and administrative offices and only upon his/her approval shall they become effective.
(12) Perform such other such duties as may be required of him/her by ordinance.
(13) Be recognized as the official head of the City government for all ceremonial purposes and by the Governor for purposes of Military Law.
3-6 Passage of Ordinances over Veto
No ordinance shall take effect without the approval of the Mayor unless (1) the Mayor shall fail to sign the ordinance or to return it to the Council within ten (10) consecutive days after its passage; or (2) the Council upon immediate reconsideration shall approve the ordinance by the affirmative votes of at least four (4) of its members notwithstanding the disapproval of the Mayor.
3-7 Temporary Absence
In the event of the temporary absence or disability of the Mayor, not exceeding ninety (90) days, the President of the Council shall act as Mayor, for the time being until the Mayor shall return to his/her duties or until his/her disability shall cease. While serving during the temporary absence of the Mayor, the President of the Council shall not make any appointments or removals other than temporary appointments, until he/she shall have served as Acting Mayor for thirty (30) consecutive days and then only with the consent of the City Council.
3-8 Vacancy
In the event of an absence exceeding ninety (90) days the City Council may declare the office of Mayor vacant.
3-9 Vacancy
In the event of a vacancy of the office of Mayor, if less than six (6) calendar months remains until a regular election and the office of Mayor is declared vacant, the President of the City Council shall act as Mayor. If the President of the City Council shall resign or be unable to act then the council shall elect by a majority of its members one of its members to serve as Acting Mayor. If the time between the occurrence of such vacancy and the next municipal election is six (6) months or more the City Clerk shall call a special election in the manner prescribed by State Law to fill such vacancy in the office of Mayor.
THE CHARATER NOW: Presently, the City of East Providence has a Council/City Manager form of government.
Councilman Britto calls Sandy Barone, 12 WEeden Avenue (02916) Chairperson of Ward I Democratic City Committee to the podium to provide background information on the item.
City Manager Kirby spoke and stated this is always a good process when he was in the City of Central Falls they went through this process and it’s a good exercise for all to decide what form of government they want.
Ms. Barone spoke regarding having the option to choose a mayoral form of government. They would in essence be substituting the word City Manager with the word Mayor. This is all about a possible change of government and about East Providence having a choice. We have a population of over 47,000 and as few as 3 people get to choose the person who has led us. The reason for the amendment is to simply have the voters of East Providence choose what kind of government they want. If they choose to stick with this form of government then nothing changes, on the other hand if the voters decide they want to elect a strong mayor then the first mayor in the History City of East Providence would run in 2018. She encourages city councilors to vote yes as they are not voting for a mayoral form of government they are voting to put it on the ballot to allow the people to choose what form of government they want.
Assistant Mayor Cunha states he feels the whole Charter needs to be reviewed and the Council should consider a Charter Review and this should be brought up at the next council meeting or in the near future.
Councilman Conley stated this is a very valid point as we want to make sure we do this right.
City Manager Kirby spoke and stated based on the sentiment regarding a charter review he will work with the Solicitor on when the last one occurred and whether or not a ballot question for a Charter Review is needed.
A motion to approve the Charter Amendment Question is made by Councilman Britto, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous 4-0.
D. Report of School Committee Liaison
E. Resolutions
1. A resolution in support of the Quonset Air Museum.
A motion to dispense with the reading of the Resolution is made by Assistant Mayor Cunha, seconded by Councilman Britto and in a roll call vote it is unanimous 4-0.
RESOLUTION IN SUPPORT OF THE QUONSET AIR MUSEUM
WHEREAS, the Quonset Air Museum has been a catalyst in keeping the legacy and history of military aviation for the State of Rhode Island and the United States; and
WHEREAS, the museum functions as a research, education and exhibit facility to preserve Rhode Island’s rich aviation history; and
WHEREAS, since 1992, the air museum has educated the public from all over the world in our State’s aviation legacies and displays collections that document the contributions of Rhode Islanders to the growth and development of aviation and space exploration; and
WHEREAS, there is a present need for a museum focused on the history of North Kingstown and the State of Rhode Island’s place in our nation’s rich aviation history; and
WHEREAS, the Quonset Air Museum fills this need while bringing added tourism and complementing our extremely successful Rhode Island National Guard Open House and Air Show.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of East Providence (1) fully supports the endeavors of the Quonset Air Museum to remain at its current location, work on a plan to remediate its building maintenance issues, and return stronger than ever to bring Rhode Island’s and North Kingstown’s rich military aviation heritage and important events to life; (2) would not endorse any plans for the Rhode Island Airport Corporation to evict, remove, or place the Quonset Air Museum and its artifacts in jeopardy of destruction, deterioration, repossession, or private purchase for personal gain; and (3) respectfully requests that the Rhode Island Airport Corporation work with the Quonset Air Museum and the North Kingstown Town Council on a plan to keep the museum in its rightful place and retract its eviction notice for September 2015 since the museum still has six years on its lease with the corporation.
BE IT FURTERH RESOLVED that a copy of this Resolution be forwarded to Governor Gina Raimondo, Senate President M. Teresa Paiva Weed, Speaker of the House Nicholas A. Mattiello, State Senator Elaine J. Morgan, State Representative Justin Price, State Representative Doreen Costa, the Quonset Development Corporation Board of Directors, the Rhode Island Airport Corporation and all cities and towns seeking their support in opposing same.
Requested by: Councilwoman Capobianco
A motion to approve the Resolution is made by Assistant Mayor Cunha, seconded by Councilman Britto and on a roll call vote it is unanimous 4-0.
F. Introduction of Ordinances
1.ORDINANCE OF THE COUNCIL OF THE CITY OF EAST PROVIDENCE ORDERING THE ASSESSMENT AND COLLECTION OF PROPERTY TAX ON THE RATABLE REAL ESTATE, TANGIBLE PERSONAL PROPERTY, AND AN EXCISE TAX ON REGISTERED MOTER VEHICLES AND TRAILERS
A motion to dispense with the reading of the Ordinance is made by Assistant Mayor Cunha, seconded by Councilman Britto and on a roll call vote it is unanimous 4-0.
SECTION I. That the Council of the City of the City of East Providence hereby orders the assessment and collection of a tax on ratable real estate, tangible personal property and an excise tax on registered motor vehicles and trailers in a sum not more than One Hundred Seven Million One Hundred Ninety Nine Thousand Three Hundred and Thirty Seven ($107,199,337) dollars. Said tax is for ordinary expenses, for the payment of interest and indebtedness, in whole or in part, of said city, and for other purposes authorized by law.
The Tax Assessor shall assess and apportion said tax on the inhabitants and ratable property of said city as of the 31st day of December, 2015 at twelve o'clock Eastern Standard Time, according to law, and shall on completion of said assessment, date and sign same and shall make out and certify to the Tax Collector of the City of East Providence, who is charged with the duties for the collection of taxes, on or before the 15th day of June, 2016 a complete list of the names of the persons taxed and of the total value of all the real estate and personal property assessed against each person, and also the amount of registered motor vehicles and trailers assessed against each person, and also the total amount assessed against each person on said real estate, personal estate and registered motor vehicles and trailers, opposite the name of the person or persons assessed. Upon receipt of the certified tax list by the Tax Collector, she shall proceed and collect said tax on the persons and estates liable thereof; said tax shall be due and payable on and between the 1st day of June 2016 and the 1st day of July, 2016 and provided further that if said tangible personal property, motor vehicle, and real estate taxes are paid in full on or before the 1st day of July, 2016, a discount of one and one half per centum (1.5%) of the total taxes on said tangible personal property, motor vehicles, and real estate shall be granted, and all taxes remaining unpaid on the 1st day of July, 2016 shall carry until collected a penalty at the rate of twelve per centum (12%) per annum from the 1st day of June, 2016 upon said unpaid tax, however, said taxes may be paid in four installments; the first installment of twenty-five per centum (25%) on or before the 1st day of July, 2016, the second installment of twenty-five per centum (25%) on or before the 1st day of September, 2016, the third installment of twenty-five per centum (25%) on or before the 1st day of December, 2016 and the fourth installment of twenty-five per centum (25%) on or before the 1st day of March, 2017.
Each installment of taxes if paid on or before the last day of each installment period successively in order shall be free from any charge of interest.
If any succeeding installment of taxes is not paid by the last date of the respective unpaid balance period or periods as they occur, then the whole tax or remaining unpaid balance of the taxes as the case may be shall immediately become due and payable and carry until collected a penalty at the rate of twelve per centum, (12%) per annum.
SECTION ll. That any of said taxes not paid on or before the 1st day of March, 2017 shall forthwith be collected by levy upon the sale of real estate upon which it is assessed and by that or other due process of law in case of assessment upon personal property.
SECTION III. This ordinance shall take effect upon its second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
Requested By: Mayor Rose
A motion to approve the Ordinance for first passage is made by Councilman Britto, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous 4-0.
2. AN ORDINANCE AUTHORIZING THE DIRECTOR OF FINANCE TO BORROW FUNDS IN ANTICIPATION OF TAXES
A motion to dispense with the reading of the Ordinance is made by Councilman Britto, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous 4-0.
SECTION I. The Director of Finance is authorized to borrow during the fiscal year ending October 31, 2016 such sums of money in anticipation of the property taxes of the year as may be permitted by law for the purpose of meeting the current liabilities and expenses of the City and that the Director of Finance is authorized to issue the note or notes of the City therefore and to refund such note or notes and any tax anticipation notes of a prior year to the extent permitted by law.
SECTION II. This ordinance shall take effect upon its second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
Requested By: Mayor Rose
A motion to approve the Ordinance for first passage is made by Councilman Britto, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous 4-0.
3. AN ORDINANCE AUTHORIZING THE DIRECTOR OF FINANCE TO BORROW FUNDS IN ANTICIPATION OF REVENUE
A motion to dispense with the reading of the Ordinance is made by Assistant Mayor Cunha, seconded by Councilman Britto and on a roll call vote it is unanimous 4-0.
SECTION I. The Director of Finance is authorized to borrow during the fiscal year ending October 31, 2016 such sums of money in anticipation of the sewer use fee revenue of the year as may be permitted by law for the purpose of meeting the current liabilities and expenses of the City and that the Director of Finance is authorized to issue the note or notes of the City therefore and to refund such note or notes and any revenue anticipation notes of a prior year to the extent permitted by law.
SECTION II. This ordinance shall take effect upon its second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
Requested By: Mayor Rose
A motion to approve the Ordinance for first passage is made by Councilman Britto, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous 4-0.
4. An ordinance regarding a two ton truck limit for Argyle, President and Reardon Avenues.
A motion to dispense with the reading of the Ordinance is made by Assistant Mayor Cunha, seconded by Councilman Britto and on a roll call vote it is unanimous 4-0.
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:
Argyle Avenue
President Avenue
Reardon 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: Councilwoman Capobianco
A motion to approve the Ordinance for first passage is made by Councilman Conley, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous 4-0.
XII. ADJOURNMENT
A motion to Adjourn at 9:42PM is made by Councilman Britto, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous 4-0.
Approved By Council: October 20, 2015
Attest: _______________
City Clerk