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CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
March 1, 2016
Council Chambers, City Hall, 145 Taunton Avenue, East Providence, RI 02914
7:30 P.M. Open Session
*** Note Mayor Rose and Councilwoman Capobianco are absent.
Assistant Mayor Cunha calls the meeting to order at 7:30PM.
A. Letters
1. CRMC Agenda for Semi Monthly Meeting, Tuesday, February 23, 2016, 6PM, Administration Building, Conference A, One Capitol Hill, Providence.
2. Town of Barrington Public Hearing Proposed Zoning Ordinance Amendment regarding Former Zion Bible Institute, 33 Middle Highway (abutting East Providence), March 7, 2016 7PM, Barrington Town Hall.
B. Alcoholic Beverage Class F
1. Sacred Heart Church, 8th Annual Sacred Heart Soup Dinner, March 19, 2016, 118 Taunton Avenue (02914), Father Peter DiTullio
C. Council Journals
1. Regular Meeting February 16, 2016
A motion to approve the Consent Calendar is made by Councilman Britto, seconded by Councilman Conley and on a roll call vote it is unanimous 3-0.
A. Pomham Rocks Lighthouse (by Councilman Conley)
Councilman Coley presented the citation to Mr. David Kelleher. Mr. Kelleher provided a brief update on Pomham Rocks Lighthouse. There has been much work done to the exterior and there are now docks for two boats. The next task to accomplish with the $150,000 grant is to raise the $150,000 match required. After this they are undergoing moving to electrify the building and to repair the interior which has had no heat for many years. Within a year or two they will finally be able to have the public visit their lighthouse.
B. The March Townie in Action Citation – Mike Solitro (by Councilwoman Capobianco)
Councilman Conley presents the citation to Mike Solitro on behalf of Councilwoman Capobianco.
C. Welcome to the City Citation for NBX Bikes – (by Councilwoman Capobianco)
Councilman Conley presents the citation to NBX Bike on behalf of Councilwoman Capobianco.
A. Conservation Commission (by Councilman Conley)
Cheryl Vieira, 17 Burton Avenue (02915)
A motion to approve the Appointment is made by Councilman Conley, seconded by Councilman Britto and on a roll call vote it is unanimous 3-0.
B. Carousel Commission (by Councilman Britto)
Dennis Thibeault, 87 Wilmarth Avenue (02914)
A motion to approve the Appointment is made by Councilman Britto, seconded by Councilman Conley and on a roll call vote it is unanimous 3-0.
C. Beautification Commission (by Councilwoman Capobianco)
Linda Tavares, 135 Apulia Street (02914)
A motion to approve the Appointment is made by Councilman Britto, seconded by Councilman Conley and on a roll call vote it is unanimous 3-0.
D. East Providence Waterfront Commission – Reappointment (by Assistant Mayor Cunha)
William Fazioli, 229 Quarry Street (02914)
A motion to approve the Appointment is made by Councilman Britto, seconded by Councilman Conley and on a roll call vote it is unanimous 3-0.
A. Vict/Over 50
CRMG East Providence, Inc. DBA IHOP #3557, 75 Highland Avenue, Unit C (02914), William Cardinal, 21 Cul De Sac Way, Portsmouth (02871)
A motion to approve the License is made by Councilman Britto, seconded by Councilman Conley and on a roll call vote it is unanimous 3-0.
A. 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 19-481 entitled “Schedule of Use Regulations” (Kettle Point Sub-district) of Article VIII entitled "Development Plan Review" is amended as follows:
Sec. 19–481. Schedule of Use Regulations (Waterfront)
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USE |
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| Kettle Pt. Sub-district | ||
| RETAIL BUSINESS |
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| Café |
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Cigar Shop |
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P | ||
| Microbrewery/ Distillery |
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C | ||
| HEALTH SERVICES |
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| Medical Offices |
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| RECREATION AND CULTURE |
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| Design Studio
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| C | ||
| Film Studio
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| C | ||
| Photography Studio |
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| C | ||
SECTION II. This ordinance shall take effect upon passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Mayor Rose
Director Boyle was called to the podium. She stated this ordinance represents changes to the use schedule for Kettle Point and allows permitted use for the Kettle Point District proposal consisting of approval by the Water Front District Commission. This will be used for University Orthopedics and is conditional upon this change being enacted by the Council. University Orthopedics also had a site they were reviewing in Warwick but the City was informed by the developer that if Council approves this change tonight they are prepared to go forward with the development of Kettle Point and will begin construction this spring. This is an 18 month $60 million investment and contains 150 jobs for the City.
A motion to approve the Ordinance is made by Councilman Britto, seconded by Councilman Conley and on a roll call vote it is unanimous 3-0.
A. An ordinance amendment for a One Way Sign Bourne Avenue (westbound) from Brayton Avenue to Hoyt Avenue during the hours of 8:00 a.m. to 9:00 a.m. and 2:00 p.m. to 3:00 p.m. on school days.
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 18-247 entitled “Designation of one-way streets” of Article VIII entitled “One-Way Streets” of Chapter 18 entitled “Vehicles and Traffic” is amended by adding thereto the following:
Bourne Avenue (westbound) from Brayton Avenue to Hoyt Avenue during the hours of 8:00 a.m. to 9:00 a.m. and 2:00 p.m. to 3:00 p.m. on school days.
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 Britto
Councilman Britto deferred this item for the Chief to review the traffic pattern.
A. City Manager’s Report (by City Manager, Richard Kirby)
1. Stipend – Canvassing Authority
The City Manager stated that he presented the stipend at the last meeting and provided a memo to Council for approval. This item was taken away by the Budget Commission and under State Law must be voted on by the Council and it is under their discretion.
A motion to approve is made by Councilman Britto, seconded by Councilman Conley who stated he would second based on the Finance Director’s approval, and on a roll call vote it is unanimous 3-0.
2. Bid Award – Street Sweeper
The City Manager reported this bid went thru the Consortium and he called the Public Works Director Steve Coutu to the podium. Director Coutu stated they are requesting approval for a street sweeper costing $200,000 the bid went through the master price agreement and it is the sole source vendor on the entire east cost. The City has had this vendor for the past 15 years. The current sweepers are 2002s. They would like to get one this year and hopefully one next year.
Councilman Britto asked what the City does with the one that is being replaced. Director Coutu stated they would be using it as spare for now.
A motion to approve is made by Councilman Britto, seconded by Councilman Conley and on a roll call vote it is unanimous 3-0.
3. Selection of Lighting Contractor for the Onna Moniz-John Neighborhood Park/Central Avenue Playground
The City Manager stated that if Assistant Mayor Cunha felt comfortable he could give the update as he has been involved from the start.
Assistant Mayor Cunha stated they had a meeting this month and they are ready to have a company start to do the LED lighting. They have been having problems with Central Park as there is no lighting there and the park will start to be renovated in the spring with a completion date of August 25th in time for Neighborhood Day. There will be a skate park, a basketball court and a pavilion.
Councilman Britto asked if this was just a portion.
Assistant Mayor Cunha stated it is a grant they began working on 2 years ago and they are working within the budget. He asked Director Boyle what the total cost was and she stated $345,000.
A motion to approve is made by Councilman Britto, seconded by Councilman Conley and on a roll call vote it is unanimous 3-0.
4. ADP Payroll Software
The City Manger reported that since the first day he arrived the very first meeting he attended was a special meeting regarding the status of the City's Human Resource Department software and Payroll software. At that time, the IT Department and Human Resource Department presented a rather expensive software program. This was sent back to the drawing board and it’s been a consistent work in progress. There has been a process vetting the software for payroll and HR needs with regard to cloud based servicing. The amount is substantially below what was budgeted in the capital budget. The IT Director Kelly Ahrens is called to the podium.
Director Ahrens stated the payroll software called Admins which needs to be replaced is 25 years old and has a single point of failure. Only one individual could update it. Kim Duffy from ADP is present to answer any questions. This software solves a lot of the issues brought forward. There will be multiple people who can process using an on line program. The hiring process will go from taking in resumes and posting on line to everything being on line from the moment you apply to when you get payroll. All will be on line and if you don't meet the guidelines you will immediately receive a notice that you do not. The new program will save money. Currently the City pays $143,000 for the old program and ADP costs $100,000 for a yearly savings of $25,000 the first year. Also they offer a new customer service that for every 7 months the client receives 3 months free for the first 4 years of the contract. The data tracking for changes to salaries and the stream line process for job applications have not replaced the payroll clerk as that clerk moved on and there are no plans to replace the payroll clerk at this time.
The City Manager added they can also look at scanning all of the old HR files and put them all in the cloud.
Councilman Britto asked about the length of the contract. Director Ahrens stated there is no termination penalty and it can be cancelled at any time.
Assistant Mayor Cunha asked if there would be software update charges. Director Ahrens stated there was not. She added that all vacation and time off requests are handled on line where right now it’s a 3 ply paper copy system. They can have opportunities to see the pay stubs and W2s, open enrollment to compare benefits, change of address and then have the place for administration to sign off. If you apply for a job with East Providence your application is made through us and the rest will all be done on line.
Councilman Britto asked if this is a $25,000 savings. Director Ahrens said normally it would have been $125,000 per year but they are applying a discount for the first 4 years.
Councilman Britto asked how many people it takes to monitor the reporting. Director Ahrens stated that right now they have quite a few people so it will be significantly less.
Councilman Conley stated he was concerned with the implementation cost and wanted to know if it was only $6,000. He stated that implementation costs are usually a 2:1 ratio regarding the cost of the software and in this case they are transferring data from an archaic system.
Ms Duffy stated that this cost was it regardless of how long it took them.
Director Ahrens stated that ADP has the municipal experience and flexibility.
Councilman Conley stated he would support this at this time but questioned how the City went from a very expensive plan to this one and asked if this software did what was stated originally that was needed. Noting that if he did this in his job his boss would seriously question his ability. He asked if this complied with the affordable care act which was a concern that had been mentioned during the previous presentation.
The ADP representative stated it was.
He asked if this addressed the fact that in the past payroll and HR did not speak to each other.
The ADP representative stated it did as they are all on one system.
The City Manager stated they regrouped with Finance and HR and Payroll all working together. They went on site visits to other communities that had ADP in use. He can’t count how many times he sent the new clerk in HR Andrea Pascoa back to the vendor for a better deal. He noted that she did a great job attending to that. He felt originally it was a blue sky demand and now ultimately HR and Payroll will be in the game for years to come technology-wise.
A motion to approve is made by Councilman Conley, seconded by Councilman Britto and on a roll call vote it is unanimous 3-0.
B. Council Members
1. Financing of School Building Improvements (by Assistant Mayor Cunha)
Assistant Mayor Cunha stated the City needs to find ways to generate revenue to fix schools for capital improvements. He stated the question was how to do this without raising taxes. He noted that in looking at the budget and the City debt limit is low. It seems that our debt limit, which is unused debt capacity, of which the City by agency standards would not use no more than 3% of our debt and bonding capabilities by State Law is right now at .79 as of 2014 we are less than 1% and have a lot of unused debt by agency standards. Is it possible to go out and issue a bond for $10-$15 million and not have a tax increase?
Director Moore responded that it would increase taxes if the City goes out to bond as they will have to pay it back in 20 years.
Assistant Mayor Cunha stated the City is down significantly in debt ratio and he was looking for ways to offset the sewer cost but that it can’t be used for that as they are revenue bonds.
Director Moore stated that a bond of $10 million over 20 years would be $20 million to pay back. A million a year would equal 1% in taxes.
Assistant Mayor Cunha asked if this is a possible way to repair our schools.
Director Moore stated that if you use it for school buildings you would get back $10 million after the first year so it wouldn't be $1 million per year it would be less.
Assistant Mayor Cunha stated he noticed thru the TANS negotiation that the City doesn’t bid competitively.
Director Moore stated they have gone to bid he last 2 years but prior to that the City’s rating was too low.
Assistant Mayor Cunha asked if it was feasible to look into issuing a general obligation bond. We would have to put it on a referendum. We need school improvements citywide and we have an estimate on how much to fix the high school.
The City Manager stated right now they are just looking at the high school repairs vs the build scenario.
Assistant Mayor Cunha stated this is worth looking into once we get this study done for the high school.
Director Moore stated the fiscal advisors were coming in for a meeting in two weeks.
Assistant Mayor Cunha stated he would like to sit with them.
The City Manager stated Wayne Barnes is working as the FEMA representative and he puts together the capital needs for the City. They have a meeting scheduled this coming week so that it won't be at the last minute before the budget. Also Jeanne and he have been speaking about a long term capital team for the City with the Finance Director and the Financial Advisor to put money aside each year for an emergency capital fund and an operating capital fund. Input in a system like this would help the City’s bond rating in the future.
Assistant Mayor Cunha stated the tax base is increasing and asked if they have a projected number.
Director Moore replied he did not off the top of his head but some of these projects will generate $100,000-$200,000 a year.
2. Summit Street Traffic Study (by Assistant Mayor Cunha)
Assistant Mayor Cunha stated the traffic study was not very impressive because they had already come up with those same ideas.
Director Coutu replied they could still use the data, so in that sense, it is still important and that he would like to have them in to do the presentation. They did put counters in a dozen locations in the area and did develop a model and looked at various alternatives. He asked if he could have the team come to the next meeting. They could reach out to the community so that they could also see the presentation.
Assistant Mayor Cunha noted to the Director that there have been a lot of oversized trucks going through in the mornings.
3. K-Rob Foundation Wine Tasting Event (by Councilwoman Capobianco)
This item was deferred.
4. Carousel Upcoming Events (by Councilwoman Capobianco)
This item was deferred.
5. EP Relay for Life Event (by Councilwoman Capobianco)
This item was deferred.
6. Council Rules (by Councilman Conley)
Councilman Conley stated he would very briefly like to mention that this Council is subject to some criticism in how they apply the rules and they need to be much more vigilant regarding adhering to the rules, to the letter of the law, so there are no misconceptions and ambiguity.
C. Reports of Other City Officials
1. Claims Committee Report (by City Solicitor Timothy Chapman)
There was no Claims Committee Meeting to report out.
2. Handicap Parking (by Director of Public Works, Steve Coutu)
Candy DePina, 129 N. Hull Street (02914)
A motion to approve is made by Councilman Britto, seconded by Councilman Conley and on a roll call vote it is unanimous 3-0.
D. Report of School Committee Liaison
There was no School Committee Liaison Report.
E. Introduction of Ordinances
1. AN ORDINANCE IN AMENDMENT OF CHAPTER 5 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “FIRE PREVENTION”
SECTION I. Subsection (a) of Sec. 5-33 entitled “Notice of violation generally” of Article II entitled “Inspections, Compliance and Violations of Fire Safety Code” of Chapter 5 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Fire Prevention” is amended to read as follows:
(a) Whenever the chief of the department or his designate determines that there are reasonable grounds to believe that there is a violation of any provision of this article or of any rule or regulation adopted pursuant thereto, he shall give notice of such alleged violation to the person responsible therefor as hereinafter provided. Such notice shall be in writing, shall set forth the alleged violation, shall describe the nonresidential structure or dwelling place of four or more units, including three family residential structures only for the sole purpose of interconnected smoke and carbon monoxide detectors, where the violations are alleged to exist or to have been committed and a reasonable time to correct it and shall be served upon the owner, operator or occupant as the case may require. Such notice of violation shall be deemed to be properly served upon such owner, operator or occupant if a copy thereof is served upon him personally, if a copy thereof is sent by registered mail or certified mail, return receipt requested, to the last known address of such person. If one or more persons to whom the notice is addressed cannot be found after diligent effort to do so, service may be made upon the person or persons by posting a notice in or about the nonresidential structure or dwelling place of four or more units described in the notice, or by causing the notice to be published in a newspaper of general circulation, for a period of three consecutive days.
SECTION II. Sec. 5-34 entitled “When second notice of violation to become a compliance order; service of compliance order” of Article II entitled “Inspections, Compliance and Violations of Fire Safety Code” of Chapter 5 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Fire Prevention” is amended to read as follows:
(a) At the end of ten thirty days, the chief of the department or his designate shall reinspect the nonresidential structure or dwelling place of four or more units described in the notice. This section shall also include three family residential structures only for the sole purpose of interconnected smoke and carbon monoxide detectors. If upon reinspection the violations alleged are determined by the chief of the department not to have been corrected, he shall issue a second notice of violation on which shall constitute an order requiring that the then existing failures to meet the requirements of any provision of this article or of any rule or regulation adopted pursuant thereto, shall be corrected within ten days after the date of the reinspection, if the person served with the second notice does not petition for a hearing on the matter in the manner hereinafter provided. The second notice of violation shall inform the person to whom it is directed of his rights to apply for a hearing before the chief of the department and the procedure by which application for such hearing shall fulfill the requirements for service of the notice of violation. The chief of the department shall cause a copy of the second notice to be posted in a conspicuous place in or about the nonresidential structure or dwelling place of four or more units where the violations are alleged to exist, and shall serve it in the manner provided in this section. The chief of the department or his designate, after the expiration of time granted the person served with the second notice to seek a hearing in the manner hereinafter provided by this chapter or by a court of competent jurisdiction to which an appeal has been taken, shall cause the second notice to be recorded in the office of the recorder of deeds. The notice shall state that a cumulative civil penalty as provided by state law has been imposed. Except as otherwise provided in this section, no notice and lien recorded under this chapter shall be released until the violation has been abated and the penalty imposed, as provided for in this section has been paid.
(b) Any property owner, lessee or other person who violates or fails, or refuses to comply with the provisions of the state Fire Safety Code or the provisions of this chapter shall be subject to prosecution in the East Providence Municipal Court and/or the Rhode Island Fire Safety Code Board of Appeal and Review.
SECTION III. This ordinance shall take effect upon its second passage and all ordinances or parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Councilman Britto
This item was deferred.
2. An ordinance amending Peddlers Licenses.
AN ORDINANCE IN AMENDMENT OF CHAPTER 8 OF THEREVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “LICENSES AND BUSINESS REGULATIONS”
SECTION I. Sec. 8-27 entitled “Business licenses and permits generally” of Article II entitled “Miscellaneous Business and Occupational Licenses and Permits” of Chapter 8 entitled "Licenses and Business Regulations" of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, is hereby amended as follows:
Sec. 8-27. Business licenses and permits generally.
Licenses and permit fees for the following types of businesses are hereby fixed as follows:
(1) Automobile junkyards, per location, annually…..$100.00
(2) Closing-out sales, as defined by G.L. 1956, § 6-14-3, per sale…..100.00
(3) Employment agency operators, annually…..75.00
(4) Hawkers and peddlers:
a. 1. Annually…..125.00
2. 90 day………75.00
3. 60 day………50.00
4. Daily………..25.00
b. Watches, jewelry, gold and silver…….50.00
c. General merchandise…………………25.00
(5) Peddlers:
a. Per vehicle………100.00
b. Per driver…………25.00
(5 6) Itinerant vendors, as defined by this chapter…..350.00
(6 7) Secondhand dealers:
a. Automobiles, per location, annually…..100.00
b. Antique shop operators, per location, annually…..75.00
c. Other stores and shops, per location, annually…..25.00
(7 8) Tattoo parlors…..200.00
(8 9) Automobile body repair shop…..100.00
SECTION II. Sec. 8-142 of Article VII entitled “Hawkers and Peddlers” of Chapter 8 entitled "Licenses and Business Regulations" of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, is hereby amended to read as follows:
Sec. 8-142. Application; issuance; expiration.
(a) All persons desiring a peddlers or hawkers license as required in section 8-141 shall make application to the city clerk for such license, and the city clerk, after granting of the application by the council, may issue a license subject to the approval of the chief of police and the state health inspector if food is involved, to such persons to sell the articles and substances mentioned in section 8-141 in such manner as shall be specified in the license and in the permitted area as is designated by the city council and is approved by the chief of police for reasons relating to public health and safety for the period from the date of such license until December 1 next ensuing such date. No licensee shall hawk or peddle in any other area than that to which he/she is permitted under the license granted by the city. Violations of such may result in loss of license and/or fines pursuant to section 8-148 of this chapter.
(b) The applicant shall, upon approval for a license required under this chapter, provide two so-called passport-size photographs of the individual authorized to act under such license. The city clerk shall, in addition to the license specified above, issue an identification badge containing one of the photographs of the authorized individual along with the effective dates of the license and such other information as the city clerk shall deem appropriate.
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
Councilman Conley stated that the same vendor has come to the Council both times to discuss the fee structure. It is on the excessive side and he would like to make some edits as outlined.
A motion to approve the Ordinance for First Passage is made by Councilman Conley, seconded by Councilman Britto and on a roll call vote it is unanimous 3-0.
The City Manager asked to speak to congratulate the East Providence Police Department as there was a major drug bust in Woonsocket and the Chief had informed that they were very involved. Sometimes they don't get the right acknowledgement and he wanted to make sure they were recognized.
He also wanted to relay some information from last week, Wayne Barnes received an email from FEMA that more reimbursement funds from the disastrous snow fall last January were available and that if he compiled information within 2 days the City might receive more reimbursement funds. Wayne spent the day gathering this information and was able to obtain another $2,000 for the City.
A motion to Adjourn at 8:34PM is made by Councilman Britto, seconded by Councilman Conley and on a roll call vote it is unanimous 3-0.
Approved By Council: March 15, 2016
Attest: ____________________
City Clerk