CITY COUNCIL SITTING AS LICENSING COMMISSIONERS

LICENSES NOT REQUIRING PUBLIC HEARING

1. Sunday/Holiday Sales

Joseph Vieira, dba J&L Breeders - 210 Willett Avenue

Joseph Vieira, 136 Allen Avenue, East Providence, Rhode Island is present and sworn.

Mr. Vieira states that the business is a pet shop, specializing in reptiles. Mr. Conley says he is not sure what the state regulations governing reptiles are. Mr. Vieira says all crocodilians are legal in Rhode Island and Massachusetts. He says his company carries a $500,000 liability policy. Mr. Conley says there is a generic wild animal ordinance that references state law, of which he will check.

On motion of Councilman Midgley, seconded by Councilman Miranda, it is voted 4-1 to approve, subject to approvals from Police Chief, Building Inspector, and state regulations. It is noted for the record that Councilman Grant votes "Nay."

Sunday/Holiday Sales

KSMBC, LLC, dba Batteries Plus - 65 Newport Avenue

Kenneth Hogan, 5 Hayfield Lane, Cumberland, Rhode Island is present and sworn.

On motion of Councilman Grant, seconded by Councilman Midgley, it is unanimously voted to approve, subject to approvals from the Police Chief and Building Inspector.

Laundry/Dry Cleaners

Amer Chikhalared and Tarek Shikhalard, dba Willett Laundromat - 181 Willett Avenue

The applicants are not present.

On motion of Councilman Midgley, seconded by Councilman Grant, it is unanimously voted to defer to the next meeting.

Private Detective

Rodney Byron Allen, 124 Dodge Street, East Providence, Rhode Island

The applicant is present and sworn. The Council discusses his application and it is noted that letters of reference from Major Miranda and Lieutenant Bilodeau both site his former work as a Police Officer in Massachusetts.

On motion of Councilman Grant, seconded by Councilman Miranda, it is unanimously voted to approve, subject to Police Chief approval.

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL

NEW BUSINESS

a. CITY MANAGER

1. Presentation on Proposed Soccer Field plans at Grassy Plains Playground and Forbes Street Landfill

Jeanne Boyle gives an overview of the preliminary site plans. John Jennings of Vanasse, Hangen, Brustlin Inc. makes the presentation. Following the presentation, the Council questions Mr. Jennings and Ms. Boyle. It is noted that the estimated cost will be $9 million to cap the landfill. Mayor Larisa states that if the Council had been aware of the cost, they never would have gone with plans for a golf course. Ms. Boyle states that they were not aware that a major portion of the landfill was not closed. Also, the amount of wetlands amounts to approximately 127 acres, leaving a net area of about 110 acres. Mr. Lemont suggests that there may be an opportunity to get the fill for free, which will bring the cost down. Councilman Miranda states that even if the fill is free, the cost of trucking will be high.

After further discussion, Mayor Larisa requests that this matter be put on the next docket under his name and that the packet of information be obtained from the City Manager for the Council's packets.

Mr. Lemont suggests the Council conduct neighborhood hearings to determine whether or not the project at Grassy Plains Playground would be received by the neighbors. If it is acceptable to the neighbors, there should be something in the next budget to get it started.

Mayor Larisa and the other Council members state that they have no objections to neighborhood meetings.

It is decided that Mr. Lemont will provide the cost of the fill at the next meeting.

City Manager's Report

Mr. Lemont reports that the School Committee or Superintendent will be making a presentation at an upcoming Council Meeting on the Air Conditioning/Heating System proposed for Waddington School. He states that he and other City officials have been working with the School Department on the project. He says the City Council must give approval to a long-term financing project, which the School Committee is looking at to fund this project. He says the estimated cost is $1,155,000 with the air conditioning.

On motion of Mr. Midgley, seconded by Mr. Rogers, it is unanimously voted to accept the report.

b. REPORTS OF OTHER CITY OFFICIALS

(By William J. Conley, Jr., City Solicitor)

Claims and Litigation Committee Report

Mr. Conley reports that there were no claims this week.

On motion of Mr. Grant, seconded by Mr. Miranda, it is unanimously voted to accept the report.

c. COUNCIL MEMBERS

(By Councilman Patrick A. Rogers) - Recall Procedures for Elected Officials

Protecting the public trust: Discussion regarding ordinance and vote regarding same

AN ORDINANCE IN AMENDMENT OF CHAPTER 2 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "ADMINISTRATION", which is amended to read as follows:

ARTICLE II. ELECTED OFFICIALS*

Article II of Chapter 2 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled "Administration" is amended by adding thereto the following:

Sec. 2-18. Recall.

All elected offices may be removed from office by recall.

Sec. 2-19. Procedure for recall.

The procedure to accomplish removal by recall shall be as follows:

(A) A declaration of intent to petition for recall shall be filed with the city clerk; in seeking recall of an elected official said declaration shall include the signatures of four (4%) per cent of the qualified city electors, or in the case of a city office holder that is elected by ward, four (4%) of the qualified electors of said ward. Upon receipt of the declaration of intent, the city clerk shall immediately and no later than twenty-four (24) hours transmit it to the board of canvassers. The board of canvassers shall certify to the qualification of such signatures on said declaration of intent within ten (10) days of their presentation to the city clerk. Within sixty (60) days of the certification of four (4%) per cent of the signatures as qualified city electors by the board of canvassers, a written recall petition demanding the removal of the elected official shall be filed with the city clerk. Said petition shall include the signatures of fifteen (15%) per cent of the qualified electors of the city or in the case of a city office holder that is elected by ward, fifteen (15%) per cent of the qualified electors of said ward and in the case of a city office holder that is elected at large, no more than fifty (50%) per cent of the total signatures thereon may be from any one ward of the city. The signatures on any recall petition provided for in this subsection may be on separate papers but on each separate paper shall be an attached statement by the circulator thereof who states therein under oath that the signatures appended to said paper were made in the presence of the circulator. All such papers comprising a recall petition may be bound together and filed as one instrument at one time or may be filed at different times as separate papers; provided, however, that all such separate papers are filed within the time limit set within this subsection.

(B) The city clerk shall immediately and in no event more than twenty-four (24) hours transmit said petition to the board of canvassers which shall within ten (10) days from the date of the filing of said petition with the city clerk certify that said petition is signed by fifteen(15%) per cent of the qualified electors of the city and that no more than fifty (50%) per cent of the signatures thereon are from any one ward of the city. The result of the certification by the board of canvassers shall be transmitted to the city council forthwith and in no event no later than the next regularly scheduled city council meeting. If examination shows the petition contains sufficient number of signatures then the city council shall order and fix forthwith, the date for holding an election within thirty (30) days of the city council's receipt of the certification from the board of canvassers.

(C) Each ballot of such election shall be printed thereon the following question: Shall the (insert name of city office and name of elected official) be removed from office? Immediately following such question there shall be printed on the ballot the following two (2) propositions in this order; YES, NO.

(D) In any such election if a majority of the votes cast on the question of removal is affirmative, the elected city official shall thereon be deemed removed from office as of the certification of the results by the board of elections.

(E) The city council may through ordinance make other and further regulations for carrying out the provisions of this section not inconsistent herewith.

(Requested by Councilman Patrick A. Rogers)

Councilman Rogers asks for clarification on the procedure to hear his Agenda items. Mayor Larisa says the rule is that any Council member can put anything under "Council Business" and if they want a vote on the issue, they must include the words "with vote." He goes on to say that this was properly done for Recall Procedures. However, the ordinance should have been moved to the Introduction of Ordinance section, and Councilman Rogers would have been given the floor under his name to talk about it and possibly even made a motion to move the order of business to bring the ordinance up under his name for First Passage. The same thing should have been done for the anti-smoking ordinance under his name. Mayor Larisa also states that there is never Public Comment without unanimous consent on first passage of an ordinance, but there is always public comment on second passage. Councilman Rogers says he would like to allow public comment tonight to allow those in attendance to speak.

Councilman Rogers proceeds to speak on the Recall ordinance. He says at one point the City considered it. Mr. Conley states that the City has no recall provision at the time, but there is a provision in Article II, Sec. 2 of the Charter, which provides for the dismissal of an elected official convicted of moral turpitude, at which the seat would become vacant until a special election is held. But, there would have to be a conviction before it could be done.

Mr. Conley goes on to explain that the Charter Review Committee considered a recall procedure, but because the Council/Manager form of government was being challenged, the entire package of amendments, with the exception of an open meetings law amendment, was defeated.

Councilman Rogers goes on to explain the steps required in the ordinance.

Mayor Larisa speaks on the issue. He says that the City Manager and other appointed officials can be removed by the Council at any time after a hearing. He says he would support this ordinance if it said "all elected offices may be removed from office by recall if accused of a felony offense by the U.S. Attorney or a State Attorney General - such offense relating to their public office"......or something to that effect. He asks Councilman Rogers if he would be willing to have that friendly amendment to the ordinance.

Councilman Rogers says he would like to see the new language drafted by the City Solicitor to be taken up again at a subsequent meeting.

INTRODUCTION OF ORDINANCES

The following ordinance prohibits smoking at playgrounds, sports and recreational areas where there are children's activities.

AN ORDINANCE IN AMENDMENT OF CHAPTER 13 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "PUBLIC PLACES." , which amends Article V entitled "Parks and Recreation Areas" by adding thereto the following:

Division 5. Prohibition of smoking at playgrounds, sports facilities and recreational areas.

Sec. 13-235 Definitions.

Playground means an outdoor area open to the public where children play, which contains recreational equipment such as a sliding board, swing, jungle gym, sandbox, or see-saw, or which is designated as a play area.

Sports facility and recreational area means any sports pavilion or field, whether indoor or outdoor, where children engage in sports activities including, but not limited to baseball, softball, soccer, basketball, football and hockey and other similar place where members of the general public assemble either to engage in physical exercise, participate in athletic or recreational competition or activity or witness sports, cultural, recreational or similar activities.

Sec. 13-236 Prohibition of smoking.

Smoking is prohibited in the following areas of public places during the times when any of the activities referred to in Sec. 13-235 are occurring:

1. Sports facility and recreational areas.

2. Playgrounds.

(Requested By: Councilman Rogers)

Councilman Rogers makes a motion to approve for First Passage. Having no second, Mayor Larisa asks Councilman Midgley to accept the gavel for the purpose of seconding the vote. Councilman Midgley accepts the gavel and the vote is seconded by Councilman Larisa.

The gavel is returned and Mayor Larisa resumes the Chair.

Councilman Rogers goes on to explain the ordinance. The Council enters into discussion on the issue. Mayor Larisa suggests a friendly amendment to include a penalty provision. Mr. Conley states that there is a general penalty provision for City ordinances which provides for a fine of up to $500 and/or 30 days in jail.

Mayor Larisa suggests that signs and peer pressure may work, but Councilman Rogers disagrees. He says that signage is inadequate. He suggests penalty provisions, with a warning for the first offense, $10 for the second offense and $25 for the third offense.

Councilman Grant says this is not a good plan.

Councilman Midgley says that smoking is a legal activity and he is not going to put government in people's lives.

Unanimous Consent is given to allow the public to comment.

Alan Winter, 85 Ferncrest Drive, Riverside, Rhode Island is present and sworn and speaks on behalf of the ordinance. He mentions that the Forbes Street complex is smoke free.

Nicholas Oliver, 8 Allison Court, Riverside, Rhode Island, speaking on behalf of the American Heart Association, is present and sworn and presents written testimony in support of the ordinance.

On motion of Councilman Grant, seconded by Councilman Rogers, it is unanimously voted to make the written testimony part of the record.

Arthur Handy, Cranston, Rhode Island, speaking on behalf of the American Lung Association, speaks in support of the ordinance.

John Richard, 113 Sheldon Street Providence, Rhode Island, on behalf of the American Cancer Society, speaks in support of the ordinance.

Maryann Martinez, East Providence Substance Abuse Coordinator, informs the Council that the Signs at the Forbes Street complex were donated by the Substance Abuse Task Force, and that they are in support of the ordinance.

Marilyn McDonald, Grassy Plain Road, Riverside, Rhode Island, speaks in support of the ordinance.

After further Council discussion, Mayor Larisa asks for a roll call vote on the ordinance with the amendment adding the penalty provision.

Councilman Grant Nay

Councilman Midgley Nay

Councilman Miranda Nay

Councilman Rogers Aye

Mayor Larisa Nay

The motion fails on a 4-1 vote.

Unanimous Consent - Councilman Grant

Councilman Grant invites all to City Hall on Thursday, March 14, 2002 for a St. Patrick's Celebration.

There being no further business, the meeting adjourns at 10:25 p.m.

Attest:

Valerie A. Perry, CMC

City Clerk Approved: March 19, 2002