I.   CONSENT CALENDAR

A.  APPROVAL OF COUNCIL JOURNALS

January 4, 2005 – Closed Meeting Re: Litigation

February 1, 2005 – Regular Meeting

B.  CANCELLATION/ABATEMENTS (Requested by Tax Assessor)

      YEAR                                           AMOUNT

2003                                                                                            $     177.70

2004                                                                                            $25,697.38                 

TOTAL                                         $25,875.08

C.  BOARD OF ASSESSMENT REVIEW

      Requested adjustments for hardships and residential Tax Board of Review

      YEAR                                                                                           AMOUNT

      2004  Real Estate Appeals (3 approved-3 denied-total of 6)           $918.98

D.    RESOLUTION – Town of Smithfield, Rhode Island: Requesting the General Assembly of the State of RI thoroughly investigate and enact appropriate legislation to provide all purchasers of health insurance options which take advantage of a statewide or region wide economy of scale.

E.  ALCOHOLIC BEVERAGE LICENSE – F-1 – April 29-30, 2005

St. Mary’s Academy – Bay View, 3070 Pawtucket Ave.

On motion of Councilwoman Perry, seconded by Councilman Caine, and on a roll call vote, it is unanimously voted to have the Closed Session of the January 4, 2005 Closed Session Meeting remain closed. 

On motion of Councilman Midgley, seconded by Councilman Caine, and on a roll call vote, it is unanimously voted to approve the Consent Calendar as amended.

II.  PROCLAMATIONS, PRESENTATIONS, INTRODUCTIONS

Sharlene Damiani, chairwoman of the Carousel Park Commission and Mayor Larisa present a plaque to Tom Cummings of Mulhearn’s Pub on behalf of the City to show appreciation for the donations received for the Carousel over the last 6 years from Mulhearn’s Pub.

III. APPOINTMENTS

Harbor Management Commission  (By Councilman Midgley)

Michael Znosko

12 Catalpa Street (02915)

Councilman Midgley withdraws the appointment.

East Providence Library Board of Trustees  (By Councilman Miranda)

Paulo Silva

150 South Rose Street (02914)

On motion of Councilwoman Perry, seconded by Councilman Caine, and on a roll call vote, it is unanimously voted to approve.

Conservation Commission (By Mayor Larisa)

Deborah Greer

19 Allerton Avenue (02914)

On motion of Councilwoman Perry, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to approve.

IV. CITY COUNCIL SITTING AS LICENSING COMMISSIONERS

LICENSES REQUIRING PUBLIC HEARING

B-Full Privilege Victualer (Transfer)

From: Peter Waligowski, Panski’s Pub, LTD, D/B/A Panski’s Pub, 446 Waterman Ave.

To: James McKivergan & William Smith, Two Jerks Pub & Grill, Inc., D/B/A Two Jerks Pub & Grill, 446 Waterman Ave.

James McKivergan, 133 Cardinal Road, Cranston, RI & William Smith, 183 Ridge Road, Smithfield, RI are both present and sworn in by the City Solicitor.

            There is no one from the public wishing to be heard.

*Letter of Objection:  Withdrawn

On motion of Councilman Miranda, seconded by Councilwoman Perry, and on a roll-call vote, it is unanimously voted to approve, subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall. 

Victualing/Over 50 (Transfer)

From: Peter Waligowski, Panski’s Pub, LTD, D/B/A Panski’s Pub, 446 Waterman Ave.

To: James McKivergan & William Smith, Two Jerks Pub & Grill, Inc., D/B/A Two Jerks Pub & Grill, 446 Waterman Ave.

On motion of Councilman Miranda, seconded by Councilman Caine, and on a roll-call vote, it is unanimously voted to approve, subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall.

Pool Tables (2) (Transfer)

From: Peter Waligowski, Panski’s Pub, LTD, D/B/A Panski’s Pub, 446 Waterman Ave.

To: James McKivergan & William Smith, Two Jerks Pub & Grill, Inc., D/B/A Two Jerks Pub & Grill, 446 Waterman Ave.

On motion of Councilman Miranda, seconded by Councilman Caine, and on a roll-call vote, it is unanimously voted to approve, subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall.

Pool Tables  (2) (Sunday) (Transfer)

From: Peter Waligowski, Panski’s Pub, LTD, D/B/A Panski’s Pub, 446 Waterman Ave.

To: James McKivergan & William Smith, Two Jerks Pub & Grill, Inc., D/B/A Two Jerks Pub & Grill, 446 Waterman Ave.

On motion of Councilman Miranda, seconded by Councilman Caine, and on a roll-call vote, it is unanimously voted to approve, subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall.

Victualing/Not Over 25 (Transfer)

From: Cumberland Farms, Inc., 777 Dedham St., Canton, MA

To: George J. Elkhouri, Georges Express Mart, Inc., D/B/A Georges Express Mart, 2251 Pawtucket Ave.

George Elkhouri, 21 Whitewood Circle, Norwood, MA is present and sworn in by the City Solicitor.

There is no one from the public wishing to be heard.

On motion of Councilman Midgley, seconded by Councilman Caine, and on a roll-call vote, it is unanimously voted to approve, subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall.

Sunday/Holiday Sales (Transfer)

From: Cumberland Farms, Inc., 777 Dedham St., Canton, MA

To: George J. Elkhouri, Georges Express Mart, Inc., D/B/A Georges Express Mart, 2251 Pawtucket Ave.

On motion of Councilwoman Perry, seconded by Councilman Caine, and on a roll-call vote, it is unanimously voted to approve, subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall.

Additional Hours (Transfer)

From: Cumberland Farms, Inc., 777 Dedham St., Canton, MA

To: George J. Elkhouri, Georges Express Mart, Inc., D/B/A Georges Express Mart, 2251 Pawtucket Ave.

On motion of Councilman Midgley, seconded by Councilman Caine, and on a roll-call vote, it is unanimously voted to approve, subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall.

Victualing/Not Over 25 (Transfer)

From: Hitesh Mehta, D/B/A Reds News & Variety, 241 Bullocks Point Ave.

To: Joseph C. Melfi, D/B/A Reds News & Variety, 241 Bullocks Point Ave.

Joseph Melfi, 56 Knowlton Street, East Providence, RI is present and sworn in by the City Solicitor.

On motion of Councilwoman Perry, seconded by Councilman Midgley, and on a roll-call vote, it is unanimously voted to approve, subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall.

Sunday/Holiday Sales (Transfer)

From: Hitesh Mehta, D/B/A Reds News & Variety, 241 Bullocks Point Ave.

To: Joseph C. Melfi, D/B/A Reds News & Variety, 241 Bullocks Point Ave.

On motion of Councilwoman Perry, seconded by Councilman Caine, and on a roll-call vote, it is unanimously voted to approve, subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall.

Victualing/Not Over 25 (Transfer)

From: Muhammad Siqbal, ASK Enterprises, Inc., D/B/A Willett Farms, 185 Willett Ave.

To: Natavarlal C. Patel, KB, Inc., D/B/A Willett Farms, 185 Willett Ave.

Natavarlal C. Patel, 169 Ausdale Road, Cranston, RI is present and sworn in by the City Solicitor.

On motion of Councilman Midgley, seconded by Councilman Caine, and on a roll-call vote, it is unanimously voted to approve, subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall.

Sunday/Holiday Sales (Transfer)

From: Muhammad Siqbal, ASK Enterprises, Inc., D/B/A Willett Farms, 185 Willett Ave.

To: Natavarlal C. Patel, KB, Inc., D/B/A Willett Farms, 185 Willett Ave.

On motion of Councilman Midgley, seconded by Councilman Caine, and on a roll-call vote, it is unanimously voted to approve, subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall.

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL PUBLIC HEARING

V.  PUBLIC HEARINGS

City Council to consider adoption of plan titled “Strategy for Reducing Risks from Natural Hazards in East Providence, Rhode Island” (Advertised – Providence Journal February 10, 2005).

Jeanne Boyle from Planning states that this plan shows the recommended actions to be taken by the City that can decrease the devastation associated with a natural disaster.  These include hurricanes, tornados, earthquakes, snowstorms, ice storms, and severe flooding.  The committee has identified areas most susceptible to damage from natural disasters.  Based on identification of vulnerable areas, they’ve created an action of series and policies to reduce these impacts.  By adopting this plan, it would allow the City to be eligible for a variety of Federal and State programs, including FEMA’s pre-disaster mitigation competitive program.  This is only eligible to municipalities who have adopted and approved FEMA’s plan. Have been working with FEMA, RIEMA, & Coastal Resources Council for the feasibility of putting in a grant for repairs to the Crescent Avenue culvert.  Had a problem there late in the fall of 2004, there was a collapse due to storm damage from two hurricanes that came through the area.  If adopted, will be able to apply for grants.  Seeking that the Council adopt the plan and also adopt the resolution to be submitted to FEMA to finalize the plan.

Warren Chin, 73 Ingraham Street, East Providence, is sworn in by City Solicitor.  Mr. Chin spoke in favor of adopting this plan and would like to see it passed.

On motion of Councilman Midgley, seconded by Councilman Caine, and on a roll-call vote, it is unanimously voted to approve.

ORDINANCES - FINAL PASSAGE  (Given first passage February 1, 2005.  Advertised – Providence Journal Jan. 21^st and Feb. 7^th 2005

VI. NEW BUSINESS

A.   CITY MANAGER'S REPORT

Water Quality

Without objection, the City Manager changes the order to discuss this item first.  The first thing we want to make clear is that the water in East Providence is safe to drink.  A thorough investigation into last week’s news of contamination has been done. This was not a widespread issue; it was an isolated episode.  We still take it very seriously and are working very diligently towards maintaining our water is safe to drink.  Water quality is a priority and we’ve committed the resources to ensure that.  On an annual basis, 1.8 billion gallons from the Providence system come into East Providence.  For a system our size, we are required to take approximately 600 samples per year.  Typically, we do over 1,000 per year to be on the prudent side.  In 2003, we did 1,066 samples with zero positive for fecal coliform.  In 2004, did 1,035 samples with zero positive for fecal coliform.  The last time any fecal coliform was present in our water supply was about 10 years ago.  Just to confirm, people were not drinking dirty water for over a month without being notified, as some phone calls to the City Manager’s Office have suggested.  On January 13, 2005, a positive sample of fecal coliform occurred in one 3-ounce sample take at Station One on North Broadway.  The City was in violation for not reporting this to the Dept. of Health within the required time frame.  There was a miscommunication and we’ve taken steps to fix this so that when there is a positive sample taken, the analytical lab is now required to contact three people at City Hall.  The contacts are Bill Fazioli – City Manager, Steve Coutu – Director of Public Works, and Kenneth Booth – Water Superintendent.  It will be a verbal confirmation, followed by a written confirmation.  This way, there will be no miscommunications or misinterpretations in the future.  The good news is that for the rest of the month of January, there were no other fecal coliform samples that occurred in our water.  For the entire month of January, we took 120 samples and the one sample was the only one that came back positive.  Testing was done up and down stream from that site and there was no indication that bacteria had spread either up or down from that point.  Want to state that the sample came from a public facility.  No instances of fecal coliform were evident in any private residence or commercial place of business.  On February 3, another sample tested contained fecal coliform was detected at Station Two in Riverside.  Immediately contacted the RI Dept. of Health per protocol.  We notified them that afternoon when it was detected.  We immediately retested the next day and there was no other positive sample that occurred.  Also tested up and down stream and at private residence and commercial businesses and there was no evidence of anything present in those sites as well.  On Monday, as a precautionary measure, ordered chlorine be added to the water.  Have increased testing frequency from 2 to 4 times per week and that continues in effect today.  Chlorine is still being added as a precaution, we’ve doubled the testing effort, and through February 12^th, no other samples of fecal coliform have been detected in our water supply.  How did it get there, we have no answers.  It could have been a sample gathering error, a testing error at the lab, or that we have an old system vulnerable to this type of contamination.  Parts of it are 100 years old.  To safeguard and provide detection, we are testing on almost a daily basis and will continue to do this until we are satisfied that this is not a recurring event.  Whatever the cause, it is not widespread and it seems to be isolated.  Empathize with any people that feel they may have been sick from drinking contaminated water.  Official from the Dept. of Health have been communicating with area hospitals and there is no evidence of any widespread breakouts in the City of people coming down with any symptoms.  Taking steps to ensure our water is safe and were not going to lighten up on testing or chlorine until we are sure that it was an isolated incident.

Mayor Larisa asks about February 3^rd sample came back positive.  What was the next step? The City Manager states that they tested at the same site the next day and it came back negative. Tested up and down stream of that site at private residences and nothing was present. And it’s been negative through February 12^th.  Followed all protocol on this incident.

Mayor Larisa asks about the January 13^th sample.  The positive sample was from Station One.  We were in violation of not detecting it as quickly as we should have.  There was a miscommunication between the lab personnel and us.  Tested it again on the 15^th and no contamination was detected.  Also tested on the 18, 19^th, & 20^th with no contamination detected. No problems up or downstream were detected either.  We should have contacted the Dept. of Health within 24 hours of the incident, but we didn’t detect it until the monthly report came in around the first part of February.  Samples from the rest of month show no evidence of fecal coliform or total coliform in any samples taken as part of our routine testing.  If we had contacted the State, we would have tested the very next day and added chlorine.

Councilman Caine speaks about the testing methods and asks Ken Booth to discuss the procedures.  Mr. Booth states there are 10 sample locations.  They are sampled 2 times a week.  The samples taken are from faucets.  They take a chlorine or alcohol swab to clean it.   Must run the water 10-15 minutes to clear the service line and draw water from the main into the property.  Tests are done and temperature is taken.  Put into a cooler to ice the samples down.  When it reaches a certain temperature, they open containers and take sample from it, then close it, pack it away, and fill out paperwork.  No sample location is ideal, but they try to make them as clean as possible.  There are variables that could contaminate the samples.

June Swallow, Chief of Office of Drinking Water Quality for the Dept. of Health discusses when a boil water order should be issued.  It would be when a coliform or fecal coliform in one of the routine samples collected, then confirmed by a second sample.  One has to be fecal coliform present.  On January 13^th, that one fecal coliform result was actually a follow-up result from a coliform present. That was confirmed and it is likely a boil water order would have been issued at the time.  Results on the following day show water clean and therefore, that is why when we learned of it in February, a boil order was not issued at that point. 

Is it mandatory when a boil water order is issued that you have to do it?  It is advisory only that you should boil it.  Restaurants, nursing homes, and hospitals are different and would have to comply with it. 

In general, East Providence has an excellent compliance record.  In February, they have been responding as they should be with increased monitoring and chlorination and with Ken Booth and his people trying to determine what the cause of the problem is and what can be done to make sure it doesn’t happen in the future.

John Conley, 115 Smith Street, is sworn in by the City Solicitor.  Wants to commend the Council and City Manager for bringing this issue out.  Concerned about the water problem.  He has as a low immune system and is concerned about the elderly and infants as well.  Speaks about chlorine being poured into the bay on the Veteran’s Parkway.  What is the effect of this?   Was it for sewer line or water line?

Mr. Booth states that Providence Water treats the water in the Scituate Treatment Plant.  They add chlorine to disinfect at that time.  The concern is the chlorine residual, which is the remainder of chlorine left after the biological reaction with water as it comes into East Providence.  We tend to have low residual, which makes the water taste better.  When we are seeing bacteria, we want to raise residual to add the extra disinfection capability.  What we are doing now is we have a supplemental chlorine system set up at a point farther upstream towards Providence.  What is being done on the Parkway is measuring the level because this is the first part where it comes into the City in one line before it dissipates.  Balancing the level to have sufficient residual, but not too much to cause an effect with the taste.  Are working with the Dept. of Health on this and may have to raise it.

Mr. Conley asks what the chances are of it happening again, due to it being an older system and breaking down.  Mr. Booth states we are very lucky to have the quality water system infrastructure we have.  There are always issues with any system.  Have had sufficient funding over the years from an operational standpoint.  Haven’t had the problems that some of the other waters systems have had.  The budget has been generous enough to operate.  There are capital issues that have to be addressed, but overall, lucky to have the system we have.  Providence Water is still one of the highest quality water systems in the country.

Councilman Midgley states to the public that this was in no way an attempt to downplay the seriousness of this.  A mistake was made; no one was intentionally hiding the facts.  Once the mistake was realized, we took immediate and appropriate action.  

Riverside Library Update

Eileen Socha introduces Paul Silvia of SRH Corp. to give an update on the progress of the Riverside Library.

Mr. Silvia states that to this date, the project is on time and on budget.  A minor problem when the project started.  The site has had many other uses over the years and found them when digging for the foundation.  Resulted in a little delay, but in the end, subject to weather, it should be finished on time, scheduled for May 30^th.  Soil compaction was under standard than the architect and engineer had originally designed for.  Had to further test and did some excavating and new material was brought in.  Found that there was some construction rubble, old walls, and things buried from previous construction.  This did result in a change order of about $45,000.  It was necessary; however, even with this change order on top of original bid price of project, we’re still under about $6,000-$7,000.  In good shape, the project is moving along well.  The City has been helpful with the project.  The Water and Sewer Depts. came in and installed sewer and water mains.  This was a money saver for the City, which saved a few thousand dollars.  He also wants to commend Eileen, Steve & Bill.  Issues have come up and it’s been a team effort getting them resolved.

Councilman Midgley asks about the doors and windows not being ADA compliant, he has heard rumors that they aren’t compliant.  Mr. Silva states that they are fully compliant will all rules and regulations as they exist, ADA, local building codes, and life safety codes.  Building has full sprinklers.  The alarm system is in place for security and fire, which are fully expandable if needed in the future.

Councilman Miranda states he has been by there and it is coming along very well.  It is well deserved for the people in Riverside and should be very proud of it.

Master Lease/Surplus Property

Mr. Fazioli is looking for a master lease authorization to seek bids for capital items needed.  The master lease is used to finance some capital improvements instead of bonding them.  Typically, the lease is 3 – 5 years and lowers the administrative and legal costs.  Will be able to lock in lower interest rate now if we take delivery before interest rates go up.  Lease will have a no penalty prepayment clause.  Asking the Council to consider the source of prepaying lease is the potential sale of about 10 properties I’ve asked the Planning Dept. to assemble. A number of parcels available to public that are ready per Planning to be sold if they are approved by the Council.  The Council would vote to refer these to Planning.  Then Planning will have a public hearing to determine whether these properties are suitable for sale or if they still have some public use.  Properties worth approximately 1.5 – 2 million and are not getting any tax revenue on  them.  If we can put them back on the tax role, realize the revenue, use the revenue to payoff the lease so we can acquire these capital improvement items with no tax or budget impact.  All of these have clean titles so they should be able to be sold within 12 months.  Master Lease items total approximately 1.6 million.  These items are a salt shed, backhoe, 5 sanding trucks, front end loader, Fire Marshall vehicle, new exhaust system for Central Garage, new overhead doors for garage, jet vac truck, police cruisers, bobcat, harbormaster boat, 4 copy machines, 2 highway trucks, crime scene investigation vehicle, and 5 snow plows.  Seeking a resolution to see bid for master lease and answer any questions the council may have.

Mayor Larisa asks about previous councils buying items and not getting credit through capital improvements.  Do we have money in budget for capital improvements and are these included in that?  Mr. Fazioli states we have in budget approximately $600,000 in pay as you go capital, which is clearly designated as money we don’t finance.  We actually buy under our current revenues and $600,000 is in the 2005 budget.  These are  not necessarily items we would pay cash for, would be financed.  Some of these have useful lives that are well over 3-5 years so you might want to finance them over their useful lives.

Mayor Larisa asks how we ensure we have an accounting in each budget of capital improvement so we don’t get hit with that there is no money for capital improvements?  Mr. Fazioli states we do have money in budget as a separate line item for capital equipment within certain departments, capital improvement money pay as you go basis.  Not financing all capital needs, paying cash for a good amount of them this year.

Mayor Larisa asks if we’ve ever had a crime scene investigation vehicle?  Mr. Fazioli states no and that they currently use an old rescue truck that is very inadequate for their needs.  They need a mobile crime lab to investigate properly some instances in the city.

Mayor Larisa states that the Harbormaster’s budget was self-sufficient based on mooring fees.  We’re paying the full $65,000 for the harbormaster boat?  Mr. Fazioli states we could finance it through the master lease and then accounting wise, charge it back to the harbormaster’s account to pay for the debt service

Councilman Miranda speaks about Bentley Street Garage- R6 5000 sq. feet.  R6 means a duplex can go there.  He was under the impression no duplexes were going there?  Will never get his vote to do that.  If it is a mistake on here, that’s fine.  He had a commitment from previous council and from members of this council that this wouldn’t happen on Bentley Street. 

Mayor Larisa states that it will never happen on Bentley Street.  He states that Councilman Miranda made it clear at every meeting that when Bentley Street was an eyesore that we got removed, he would consent it going out as long as there were no duplexes after consulting with the neighbors and everyone agreed to that and this would be referred to Planning.  City Solicitor Conley states even thought it is included on this list, there has already been council action and there is already a deed restriction on this property.  If anyone looks at the deed, it has this restriction on it.

Council Miranda states that there are contractors out there who do want this property for duplexes and the neighbors just want single family dwelling there.  They suffered for many years with the garage there all night long and he wants Planning to be instructed that there will be no duplexes here.  Mr. Fazioli states this has already been done, there is a deed restriction on it and that there is a condition on it imposed by the city. 

Councilman Miranda states he has always lived in the Rockaway/State Street area and wasn’t aware of any lot on Woodcliff Avenue?  Mr. Fazioli refers to Planning.

Councilman Caine supports the master lease program.  Thinks it is a great idea and it makes sense from a financial prospective.

Mayor Larisa discusses the Tristam Burgess property.  It states Single-family residence with multi-family development potential.  Strongly urges that we give all consideration to any commercial use of the site to generate much needed tax revenues in a positive way for the city.  Prime commercial development area that could bring in tax revenue to pay from some items under the master lease.

On motion of Councilman Miranda, seconded by Councilman Caine, it is unanimously voted to authorize to seek bids for the master lease.

On motion of Councilman Caine, seconded by Councilwoman Perry, it is unanimously voted to refer the list of properties to Planning.

Bids for Four-Wheel Drive Front End Loader

Mr. Fazioli states we are in desperate need of a front-end loader.  Received 3 bids.  The lowest bid, Schmidt Equipment, meets all specs from Highway Dept.

On motion of Councilman Caine, seconded by Councilman Miranda, its is unanimously voted to approve.

B.   REPORTS OF OTHER CITY OFFICIALS

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

            Jupesi Gonzalez, claim no. 05-08                      Deny

            Shaun Hayford, claim no. 05-12                       Approve

            Liberty Mutual Group, claim no. 05-10             Refer to insurance carrier

            Arnold Millington, claim no. 05-05                    Refer to RI Dept. of Transportation

On motion of Councilman Caine, seconded by Councilwoman Perry, and on a roll-call vote, it is unanimously voted to accept as presented.

C.   COUNCIL MEMBERS

 (By Mayor Larisa) “City Clerk”

Mayor Larisa announces with sadness and regret that for personal reasons, City Clerk Dana Toy is unable to continue to complete her two-year term for which she was appointed.  She has done a great job, but certain circumstances will prevent her from continuing her term.  Have discussed this with the council and have had great success in the past advertising and asking for the best and brightest in the community to step forward and fill positions.  Former City Clerk Valerie Perry will lead a committee to look at resumes, assisted by Councilman Miranda, and will put together advertisements regarding qualifications and what the council will be looking for in a City Clerk.  The position will be open to all East Providence residents to apply for.  We wish she weren’t leaving, but circumstances are such that it will happen.  One thing I was very proud of when I was first a councilman back in 1992 was that we advertised for our judges.  We didn’t just pick someone from the backroom.  Took a lot of heat for not picking insiders for the positions.  The result was we had 9 super-qualified people for municipal court judge who lived in East Providence.  Had a difficult time coming to final resolution, but the result was Judge Michael Farley, who I think everyone realizes has done a tremendous job over the intervening decade as Municipal Court Judge.  We did the same thing for Probate Judge and came up with Ralph Della Rosa, who is extremely well respected and our first female judge, Christine Engustian as Deputy Probate Judge.  This process has work well and will result in a person who wants the job, which is in part political, but in large part professional.  It’s a dual role.  Looking for people to step forward and apply.  Again, the committee will be lead by Councilwoman Perry and Councilman Miranda, but the entire council will make the decision for the remainder of the two-year appointment.

Councilman Miranda speaks and wished to take the opportunity to thank Dana for the job she has done.  I haven’t had as many dealing with Dana as I’ve had with former City Clerk Valerie Perry, but there has never been a time that I’ve gone into the office and she said to me that she couldn’t or wouldn’t do something or given me any indication she didn’t want to talk to me.  She’s done a fantastic job and I want to wish her well.

Councilwoman Perry speaks.  It is very difficult to see Dana leave.  She’s been the ideal City Clerk as far as I’m concerned and she’s done everything that a clerk needs to do as far as informing the council and keeping things up to date.  The City Clerk’s job is a difficult one, especially for someone who hasn’t had the experience, and for Dana to come in without any political background or council experience and to do the job she’s done, she’s done a wonderful job.  I want to commend her for that, she deserves a lot of credit for what she’s done.  I’m sad to see her leave, but I do understand the circumstances why she is leaving.  I look forward to seeing the position is advertised.  It is a professional position and it deserves to be held by someone who is a professional and hopefully we will get the best.

Councilman Caine speaks.  Dana has done a standup job and I want to wish her good luck and god speed with all her future endeavors.

D.   RESOLUTIONS

E.   INTRODUCTION OF ORDINANCES 

(If given first passage, can be referred to the next regular Council Meeting to be held on March 1, 2005 for a public hearing and consideration of Final Passage).

F.   COMMUNICATIONS

1) Petition for Change of Street Name – From: North Revere Street To: Realty Way

Petitioner:  J. Robert Pesce, Lehigh Realty, LLC, 835 Taunton Avenue

            Attorney for Petitioner: Martin P. Slepkow, Esq., 1481 Wampanoag Trail

On motion of Councilman Miranda, seconded by Councilwoman Perry, and on a roll-call vote, it is unanimously voted to approve.

2) Fredericka Jay, 10 Office Parkway, Apt. 410 and Leah Pewsey, 10 Office Parkway, Apt. 502.  Requesting to address the Council re: Snow Removal Issues

Fredericka Jay and Leah Pewsey are present and sworn in by the City Solicitor.  Leah  Pewsey provides an update on the Pawtucket Avenue sidewalk issue.  Found a liability statue for keeping sidewalks safe.  Presents copy to council members for their review.  Wants to take a moment to thank Parkway Apartments Residents Assoc. for their support, State Representative Helio Melo for working with us, Councilman Patrick Caine, Officer Thomas Aguiar, RJ Heim, Maria Hilario, and the entire News Channel 10 family for helping us bring this issue to the public and helping us to correct a very serious issue.  Thanks to the owners of Wampanoag Mall, including the business owners for making phone calls to rectify the situation.  Also, the Parkway Property owner who cleared the snow near the East Bay Laboratory, Steve Coutu, Mayor Larisa and the entire council.

Solicitor Conley reviewed the Lincoln court case suing the state of RI for reimbursement after doing repair to sidewalk that was a state highway.  Court said pursuant to statute that is referenced, 24-5-1, Lincoln was not entitled to reimbursement by the State of Rhode Island because that it is the responsibility of the cities and towns.  Disputes have arisen between this city and other cities regarding maintenance issues of highways the state owns.  Council is aware of ordinance we have, which states that the property owner is responsible for maintaining the sidewalks.  Unfortunately when the State, City, and landowners all refuse to cooperate, we have the following scenario.

Councilman Caine states we are at a quagmire now and need to speak with the City Manager to see if there is anything potentially the City can do.  We don’t want to open a can of worms that when every time there is a snowstorm, people are calling the City to shovel their sidewalks because there is a city ordinance that states it is the owners responsibility to shovel areas adjacent to sidewalk.  Will follow up with the City Manager to see if there is anything that can be done.

Mayor Larisa suggests checking with Representative Melo and the other reps. to see if they can get a small, legislative grant for this.  The purpose of the grant would be to fund the City cleanup during snowstorms on that stretch of sidewalk.  This way, we’re not setting a precedence of doing sidewalks anywhere else.

Mayor Larisa is given unanimous consent by the Council to discuss 2004 Partners in Housing Award the City received today.  Mayor Larisa, City Manager Fazioli, and Jeanne Boyle were on hand for presentation of this award.  We are the only city to receive this award from RI Housing Mortgage Finance Corp. for 10% existing affordable housing. Our goal is to have 10% more affordable housing of all units that are being put in our waterfront district.  In the new Ross Commons development, there will be six affordable housing units in this development.  We are committed to achieving the same ratio throughout the waterfront district.  Governor Carcieri and Richard Godfrey from RIHMFC recognize the City’s outstanding efforts among all 39 cities and towns as being top notch in its affordable housing efforts.  This is a very prestigious award and we’re very happy to have received it.

Councilman Caine states this relates to the waterfront commission regulations that were adopted by the City prior to this council.  Wants to commend Diane Feather, Jeanne Boyle, and Solicitor Conley for their efforts.  Spent time putting thing together.  This is just another sign that the City is doing the right thing and taking the right steps.

4) Maryann Gobern Mathews, 51 Outlook Ave. Requesting to address the council Re:

City Towing - Owners Rights and the East Providence Substance Abuse Task Force

Maryann Gobern Mathews is present and sworn in by the City Solicitor.  Discusses City Towing, owner’s rights. Back in 2002, discussed some companies give individuals a notice of their rights & fee structure on involuntary tows.  State does have regulations related to unattended vehicles, but not attended vehicles.  In July 2002, was decided an ordinance be put in place and it hasn’t been done.  Asking that this be done.

Mayor Larisa states it wasn’t actually an ordinance, but the goal was to have an agreement with all city tow list people that they would include a notice in there.  Why wasn’t this done?  City Solicitor Conley states regulations were adopted so it’s a matter of it being enforced.  Mayor Larisa asks why do you thing it is not being enforced?  Ms. Mathews states she had conversations with some people and it hasn’t happened.  Mayor Larisa asks wasn’t there some type of enforcement provision?  Solicitor Conley says yes, doesn’t have anything here, but will get her a copy.  Mayor Larisa suggests she have those people contact the City Solicitor to see if there can be some compensation.

Ms. Mathews is the vice chair of the Substance Abuse Task Force.  Have had many discussions with Mr. Conley.  We are at an impasse on line of authority for the task force.  Have by-laws and policies and procedures that aren’t being followed.   Issue is that an ordinance needs to be established to set a clear line of authority as required by state law so they can get the boards rules enforced.  The City Solicitor will look into this and report back at the next meeting.

On motion of Councilman Caine, seconded by Councilman Miranda, and on a roll-call vote, it is unanimously voted to go into Executive Session in accordance with Section 42-46-5 of the “Exceptions” of Chapter 46 of the General Laws, pursuant to Section 42-46-5-(a)(2) [Collective Bargaining/Litigation], to discuss negotiations.

There being no further business, the meeting adjourns at 10:20 P.M.

Attest:

______________________________________

Dana L. Toy

City Clerk                                                            

                                    Approved:  March 1, 2005