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CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF SPECIAL COUNCIL MEETING
October 11, 2018
6:30 P.M.
Council Chambers, City Hall, 145 Taunton Avenue, East Providence, RI 02914
6:30 P.M. Council May Call An Executive Session, Room 101
7:00 P.M. Open Session
*** Note Councilwoman Sousa and Councilman Faria are absent.
EXECUTIVE SESSION
The City Council of the City of East Providence may meet in Executive Session pursuant to RI General Laws § 42-46-5 (a)(2).
A. New Claims
1. Phil Cordeiro
2. Donald Jordan
3. David Margolis
B. Sewer Charge Abatements
1. Robert Costa
2. Elizabeth Desruisseaux-Poma
3. Kathryn A. Johnson
4. Virginia A. Kanelos
5. Stephen Kirsch
6. Jeffrey Machado
7. Kathleen M. Macomber
8. Anne McGee-Studdard
9. Saundra McMillan
10. Deborah Phillips
11. Pamela Reis
12. Laurie Simoneau
13. Charlene Vargas
OPEN SESSION
CALL TO ORDER
Mayor Briden call the meeting to order at 7:07PM.
SALUTE TO THE FLAG
NEW BUSINESS
A. City Managers Report (by Acting City Manager Christopher J. Parella )
1. Bid Award Fire Department Station 2 Bathroom – Marino Construction
Chief Elmasain ask to carry this item over to the next meeting. He notes he met with Assistant Mayor Britto and the owner of Merino. Since they have not received what they requested yet he would like to hold the vote.
B. Reports of Other City Officials
1. Claims Committee Report (by City Solicitor Gregory Dias)
A motion to move the Claims Committee Report to the next meeting is made by Assistant Mayor Britto, seconded by Councilman Botelho and on a roll call vote it is unanimous with Councilwoman Sousa and Councilman Faria Absent.
C. Resolutions
1. RESOLUTION ESTABLISHING THE DAY OF PORTUGAL COMMITTEE
Motion to dispense with the reading of the resolution
WHEREAS, the Day of Portugal is a national holiday celebrated by the Portuguese nation every year on June 10th and is officially known as “Dia de Portugal; and
WHEREAS, the date of June 10th also celebrates the life of Luis Vaz de Camões, Portugal’s national poet, who wrote ‘Os Lusiadas,’ Portugal’s national epic poem celebrating the memorable 15th century Portuguese historic achievements; and
WHEREAS, the Day of Portugal for the Portuguese people living abroad is the time to celebrate their heritage and ethnic pride; and
WHEREAS, the first day of Portugal was proclaimed in Rhode Island in 1958 by R.I. Governor Dennis J. Roberts in testimony of the importance of Portugal and its discoveries; and
WHEREAS, the City of East Providence wishes to continue to celebrate the contribution of the Portuguese people to the United States, the State of Rhode Island, and the City of East Providence.
WHEREAS, there are many residents of the City of East Providence of Portuguese decent who are willing to volunteer their time, energy and funds to assist in continuing the tradition in the city of East Providence in celebrating the Day of Portugal.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of East Providence hereby establishes a Day of Portugal Committee to be chaired by Anna Sousa, presently the Ward II City Council member and consisting of ten (10) volunteers. The annual event will be done in partnership with the Rhode Island Day of Portugal non-profit organization. The East Providence Day of Portugal Committee shall seek private and corporate sponsorship/donations to be used in a manner approved by the City Council each year to continue the tradition of this celebration in the City of East Providence.
Requested by: Councilwoman Sousa
The Council deferred this item as Councilwoman Sousa was absent.
D. Introduction to Ordinances
1. AN ORDINANCE IN AMENDMENT OF CHAPTER 11 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “PERSONNEL, PENSIONS AND RETIREMENT”
Motion to dispense with the reading of the ordinance
SECTION I. Article V entitled “Firemen’s and Policemen’s Pension Fund” of Chapter 11 of the Revised Ordinances of the City of East Providence, 1998, as amended, entitled “Personnel,” is amended by adding thereto the following:
Sec. 11-253. Death of a retired participant.
Upon death of a retired member while in receipt of a service retirement annuity shall be entitled to a survivor benefit. The survivor benefit annuity is a fixed amount and shall be equal to 67.5% of the deceased members’ annuity. Eligibility for a survivor benefit shall be subject to the following conditions:
(1) The spouse shall have been married to the member.
(2) The participant was not married at the time of retirement but had unmarried child/children under the age 18 including in utero at the date of retirement. The legal guardian of the child/children shall receive the survivor benefit and would terminate upon their attainment of age 18, death or marriage, whichever first occurs.
(a) Minor children shall include children of the blood and adopted children, provided that the proceedings for adoption shall have been initiated at least one year prior to the date of the death of the member.
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: Councilman Faria
Solicitor Dias notes this item was heard by the Pension Board which requested passage. It has been reviewed by the law department.
A motion to approve for first passage is made by Assistant Mayor Britto, seconded by Councilman Botelho and on a roll call vote the motion passes 3-0 with Councilman Faria and Councilwoman Sousa absent.
2. AN ORDINANCE IN AMENDMENT OF CHAPTER 8 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “LICENSES AND BUSINESS REGULATIONS”
Motion to dispense with the reading of the ordinance
SECTION I. Section 8-5 entitled “Closing hours for businesses” of Article I entitled “In General” of Chapter 8 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Licenses and Business Regulations” is amended to read as follows:
Sec. 8-5. Closing hours for businesses.
(a) Generally. No shop, store or other place of trade or entertainment in the city, with the exception of licensed taverns, pharmacies, victualing houses and bowling alleys, shall be kept open between 1:00 a.m. and 4:00 a.m. during the last six days of the week.
(b) Victualing houses and bowling alleys; permit required for extension of closing hours. No licensed victualing house or bowling alley shall be kept open between 1:00 a.m. and 4:00 a.m. during the last six days of the week without first obtaining a special permit from the city council extending the closing hour beyond 1:00 a.m. Such special permit may be granted for a probationary period or with such conditions and terms as the city council may provide. The fee for such permit shall be $100.00 125.00.
(c) Bowling alleys on Sunday. No bowling alley shall be licensed to operate on the first day of the week between 1:00 a.m. and 12:00 noon 1:00 p.m. of the first day, unless granted a special license pursuant to Sec. 8-66.
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 Sousa
The Council deferred this item as Councilwoman Sousa is absent.
3. AN ORDINANCE IN AMENDMENT OF CHAPTER 8 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “LICENSES AND BUSINESS REGULATIONS”
Motion to dispense with the reading of the ordinance
SECTION I. Sec. 8-31 entitled “Sunday sales and holiday sales” of Article II entitled “Miscellaneous Business and Occupational Licenses and Permits” of Chapter 8 of the Revised Ordinances of the City of East Providence, Rhode Island 1998, as amended, entitled “Licenses and Business Regulations” is amended to read as follows:
Sec. 8-31. Sunday sales and holiday sales.
(a) Sunday sales. No retail establishment Retail establishments possessing a class A license shall may sell alcoholic beverages prior to twelve noon (12:00 p.m.) from no earlier than ten o’clock (10:00) a.m. to no later than six o’clock (6:00) p.m. on Sundays or on Christmas Day, if Christmas shall occur on a Sunday, unless the following Monday is a holiday, in which event the holders may remain open no later than nine o’clock (9:00) p.m. the prior Sunday.
(b) Holiday sales. No person or retail establishment shall engage in sale on a holiday unless said person or establishment has received approval by the city council and has obtained a license from the city clerk. No license shall be issued on December 25 of any year or on Thanksgiving Day except to those retail establishments provided for under Rhode Island law.
(c) The fee for each holiday license shall be $100.00 125.00 paid to the city clerk upon obtaining the license.
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 Sousa
The Council deferred this item as Councilwoman Sousa is absent.
BUDGET WORKSHOP FY 2018-2019
Mayor Briden notes he put this item on in the event there was a desire for further discussions. He adds they are very close to where they want to be.
The cuts are discussed and it is noted at the last meeting the city manager listed all the cuts he had made per our direction and totaling an additional $600,000 bringing it down to a 1.50% tax increase. He lists the cuts, the position cuts and the funds from street lights, salt and repairs and the school department the original $100,000 and then the additional $150,000 the superintendent to bring to the school committee, $50,000 which will come from the EPPD SRO.
Councilman Botelho expresses he feels the city manager's original budget as recommended should be passed. He worked jointly with the Finance Director and the Financial Advisor and he calls Mr. Luba to the podium who acknowledges they were in agreement. Councilman Botelho adds that he doesn't understand why at this point things are being brought up when this was discussed on numerous occasions. The financial expert provided by the state agrees and has worked hand and hand on this. He adds the city council handed out raises to all the unions and yet expects a budget to come in less than this and he finds that cutting the budget the way it has been described puts the next council in a huge bind especially if the school bond passes. They are cashing in on the future and kicking the can down the road. The unions all got 2% raises he doesn't understand how they would think it would come in less and then cut the budget by nickels and dimes. He calls Director Moore to the podium and asks about the OPEB line item.
This line item is discussed.
Councilman Botelho calls Mr. Luba to the podium. He asks about the work he and he city manager did on the budget. Mr. Luba explains they basically went through every line item with every department head and either subtracted or added where they thought as well as did a thorough review of each line item. The .8% that really was directed towards future bond payments and as the city manager said when you know your kids are going to go to college do you put it away now or wait until they are there. He adds that he agrees with the city manager but he can see the other side of the argument knowing one big bill is coming. He adds that on Tuesday they will be presenting the forecast for the 5 year plan per the mayor to see how much is really being kicked down the road. Salaries are 75-80 percent of the budget the other line items could be less than 2 percent. What happened in East Providence's case is that revenues came in higher than either he or the finance director anticipated and the assessor projects a higher revenue again next year so in that case your revenue is absorbing a good portion of your increases. The budget should have gone up at least 2 percent except that the revenue changed that.
Councilman Botelho notes it's an awful chunk of change in one year and if these positions really need to be filled it just seems counterintuitive.
Mr. Luba states he agrees and in personal life he would fund it now but the argument why pay now if that is a couple years away can be made. He hears all the time that they are funding a surplus in Woonsocket.
Mayor Briden states that when they look at the capital budget it's pretty high. This year they are putting the 2.3 million into the capital budget. He knows that they need to put that there to keep it in the tax base but just for clarity sake if they were to decide not to spend as much on capital improvements and reduce that amount this could reduce the tax increase.
Mr. Luba responds they could reduce it for one year and then have a large tax increase the next year or they could reduce that 2.3 million but then they don't have it for the school bond. They can't take it against taxes because they recur each year and the operating expenses remain the same or are higher lending to a big tax increase. It's ok to use the 2.3 million for a onetime event and it could be used to reduce the total amount of debt for the school but it can't apply to taxes or it is lost forever.
Mayor Briden states the expenditures in the capital budget are wise to do now as there will not be a lot available if they do the bond.
Mr. Luba states that is correct and in the past all spending came from whatever excess in the reserve and when they reached that level very early, it was in 1-2 years when he was here, all of that 1 percent on the tax base went into capital. That is 1.5-1.6 million next year and capital probably goes down to 1.2-1.3 million less of a base so to apply that to capital in the future will not happen. They can get rid of all big capital needs next year but the year after the capital is 1.2-1.3 million and that includes roads, sidewalks, fire trucks, rescues etc...get it out of the way these 2 years because in the future your available capital is quite a bit less. Another thing to consider is you can take an expenditure line item and say you are not going to spend it on a particular thing and throw it into the capital however, that is increasing a line item so you would have to repost in the paper however, if you reduce any expenditure you do not.
ADJOURNMENT
A motion to Adjourn at 7:41PM is made by Councilman Botelho, seconded by Assistant Mayor Britto and on a roll call vote the motion passes 3-0 with Councilman Faria and Councilwoman Sousa Absent.
Attest: _______________
City Clerk
Approved By Council: November 7, 2018