CITY OF EAST PROVIDENCE

 

RHODE ISLAND

JOURNAL OF REGULAR COUNCIL MEETING

MAY 17, 2005

 

The City Council meets in the Council Chamber on Tuesday, May 17, 2005, and is called to order at    7:40 P.M. by Mayor Joseph Larisa.

 

Present:

Mayor Joseph S. Larisa, Jr.

)

 

 

Patrick T. Caine                

)

Council Members

 

Peter F. Midgley              

)

 

 

Norman J. Miranda          

)

 

 

Valerie A. Perry

)

 

 

William J. Fazioli

 

City Manager

 

William J. Conley, Jr.

 

City Solicitor

 

Dana L. Toy

 

City Clerk

 

The Invocation is read by Mayor Larisa and the Salute to the Flag is led by Councilman Caine.

 

Lori Merolla, Merandi Reporting, is present to record the proceedings of the public hearing.

 

I.  CONSENT CALENDAR

 

A.  APPROVAL OF COUNCIL JOURNALS

      April 19, 2005 – Regular Meeting

 

B.  CANCELLATION/ABATEMENTS (Requested by Tax Assessor)

      YEAR                                           AMOUNT                             

2004                                                                                            $  71.97

2003                                                                                            $  58.99   

2001                                              $  72.34

TOTAL                                         $203.30

 

C.  BOARD OF ASSESSMENT REVIEW

      Requested adjustments for hardships and residential Tax Board of Review

      2004 Real Estate Appeals   (7 approved - 1 denied - total of 8)         $11,983.13

      TOTAL                                                                                            $11,983.13

 

D.  ALCOHOLIC BEVERAGE LICENSE – CLASS F – July 8, 9, & 10

      Teofilo Braga Club, 26 Teofilo Braga Way, East Providence

 

E.  RESOLUTION – Town of Portsmouth:  one requesting the RI General Assembly to  increase the amount of Real Estate Conveyance Tax received by the RI Municipalities and the other in support of pension reform.

 

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

 

II.  CITY COUNCIL SITTING AS LICENSING COMMISSIONERS

 

LICENSES NOT REQUIRING PUBLIC HEARING

 

Sunday/Holiday Sales - Subject to approvals from the Chief of Police, Building Inspector, Health Inspector, and Fire Marshall.

Crescent Park Carousel, 700 Bullocks Point Avenue

 

Kathleen LaChance, 199 Ivy Street, East Providence, is present and sworn in by the City Solicitor.

 

On motion of Councilman Miranda, 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.

 

Dance/Entertainment - Subject to approvals from the Chief of Police, Building Inspector, Health Inspector, and Fire Marshall.

Glenn Chelo, Beef Hearth, Inc. d/b/a Chelo’s of Newport Avenue, 45 Newport Avenue

 

Bill Comicki, 10 Merrywood Lane, Cumberland, RI and Glenn Chelo, 5 Stone Ridge Road, North Smithfield, RI are both present and sworn in by the City Solicitor.

 

On motion of Councilman Caine, seconded by Councilwoman Perry, it is unanimously voted to approve, subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall with a restriction on the license for Thursday nights from 9pm - 12am and on Saturday nights from 9 pm - 12:30 am only.

 

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL PUBLIC HEARING

 

III.  PUBLIC HEARINGS

 

Zoning Map Amendment  (by Planning Dept.)

Advertised - Providence Journal – May 2, 2005

Notices Sent by Certified Mail   April 20, 2005

REZONING – Recommendation for requested zoning map amendment requested rezoning from Industrial 3 and O-1 to Residential 4.

Petitioner:         City of East Providence

Attorney:          William J. Conley, Jr.

Lots:                 Map 201, Block 1, Parcels 1, 2, 3, 4, 5 & 6

                                    Map 201, Block 2, Parcels 1 & 2

Map 201, Block 3, Parcels 1, 2, 3 & 4

Map 201, Block 4, Parcels 1, 2, 3, 4, 4.1, 5, 6, 7, 8 & 9

Map 201, Block 5, Parcels 1, 2, 3, 4, 5, 6 & 7

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

 

On motion of Councilman Caine, seconded by Councilwoman Perry, it is unanimously voted to approve.

 

ORDINANCES - FINAL PASSAGE   (Given first passage May 3, 2005.  Advertised – Providence Journal – May 6, 2005)

 

1)  The following is an ordinance amendment pertaining to Bishops Bend Rezoning.   

 

SECTION I.  Section 19-95 entitled “Districts Designated” of Article III. entitled “District Regulations” is hereby amended as follows:

 

Parcels 1, 2, 3, 4, 5, and 6 on Assessors Map 201, Block 1 presently located in an Industrial 3 District are hereby changed to be included in a Residential 4 District.

 

Parcels 1 and 2 on Assessors Map 201, Block 2 presently located in an Industrial 3 District are hereby changed to be included in a Residential 4 District.

 

Parcels 1, 2, 3, and 4 on Assessors Map 201, Block 3 presently located in an Industrial 3 District are hereby changed to be included in a Residential 4 District.

 

Parcels 1, 2, 3, 4, 4.1, 5, 6, 7, 8, and 9 on Assessors Map 201, Block 4 presently located in an Industrial 3 District are hereby changed to be included in a Residential 4 District.

 

Parcels 2 and 3 on Assessors Map 201, Block 5 presently located in an Industrial 3 District are hereby changed to be included in a Residential 4 District.

 

Parcels 1 and 7 on Assessors Map 201, Block 5 presently located in an Open Space 1 District are hereby changed to be included in a Residential 4 District.

 

Parcels 4, 5, and 6 on Assessors Map 201, Block 5 presently located in an Industrial 3 District and Open Space 1 District are hereby changed to be included in a Residential 4 District.

 

The Zoning Map of the City of East Providence shall be amended accordingly.

 

SECTION II.  This ordinance shall take effect upon passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.

 

 

On motion of Councilwoman Perry, seconded by Councilman Caine, it is unanimously voted to dispense with the reading of the ordinance.

 

There is no one from the public wishing to be heard

 

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

 

2)  The following is an ordinance amendment pertaining to hawkers and peddlers.

 

SECTION I.  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.

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 upon any street or other location in the city 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 Sec. 8-148 of this chapter.

SECTION II.  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 by adding thereto the following:

 

            Sec. 8-153.  Obstruction of public ways; hawking/peddling in unauthorized areas.

 

(a)  No person, hawker or peddler, shall stand on any footway, sidewalk, parking lot, doorstep or in any doorway in this city as to obstruct a free passage for foot passengers; or to hinder or delay passers-by or persons residing or doing business in the vicinity thereof; or violate a hawker/peddler license by hawking/peddling in an unauthorized area.

 

(b)  Any person, hawker or peddler, obstructing any footway, sidewalk, parking lot, step or doorway shall move immediately when requested to do so by a police officer.

 

(c)  All violations of this section, as cited by the East Providence police department, shall be heard by the East Providence Municipal Court.

 

SECTION III.  This ordinance shall take effect upon second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.  (Requested by Law Dept.)

 

 

On motion of Councilwoman Perry, seconded by Councilman Caine, it is unanimously voted to dispense with the reading of the ordinance.

 

Anthony Shepard, 40 Rosemere Drive, East Providence is present and sworn in by the City Solicitor.  Mr. Shepard asks if we want to put so many confinements on this type of license, then why do we have them?  You’re licensing the person so you have control of them, but I think your over-controlling them by not allowing them to do this as free enterprise.  Raising the fees won’t accomplish what or where they sell their goods.  My opinion is I think you’re restricting the freedom of enterprise aspect of the hawker’s license. 

 

Mr. Conley states there are constitutional issues and that these licenses cannot be outlawed completely.  There are a couple of RI Supreme Court cases that have addressed this issue, in which cities and towns have in different ways try to limit the hawkers licenses or not have hawkers licenses based on the state legislation that the Supreme Court has said they couldn’t do.

 

Following further discussion, motion to approve for Final Passage is made by Councilman Caine, seconded by Councilwoman Perry.  Roll call vote as follows:

 

Councilman Caine

Aye

Councilman Midgley

Aye

Councilman Miranda

Nay

Councilwoman Perry

Aye

Mayor Larisa

Aye

 

The motion passes 4 to1

           

IV.  NEW BUSINESS

 

  A.      CITY MANAGER’S REPORT

1) Award - Central Nurseries “Construction & Rehabilitation of Rose Garden & Glen Lyon Park” 

 

On motion of Councilman Caine, seconded by Councilman Miranda, it is unanimously voted to award the bid to Central Nurseries.

 

2) FY 2004 Audit Report

Mr. Fazioli discusses the formal report of the auditing firm of Parmelee, Poirier, & Associates of the City’s fiscal year, which ended October 31, 2004.  The audit was done on time and in accordance with State laws and there were no major findings in the audit.  The City did have a modest surplus.  The sewer fund had its first operating surplus since its inception. The school fund did have an operating deficit of $335,000, which sounds bad, but it’s actually better than the 2.7 million that was projected in April 2004.  A lot of progress was made to reduce this deficit.

 

On motion of Councilman Caine, seconded by Councilman Miranda, and on a roll-call vote, it is unanimously voted to accept the audit report.

 

3) Fiscal 2006 Budget Outlook

Mr. Fazioli gives an overview of fiscal 2006 budget.  I met with the Department Heads and we had a budget workshop.  Budgeting in the public sector has become very academic, you just figure your increases for pension costs, increases for healthcare, and everything else, you hope to level fund, if not cut.  Just to meet the contributions for three different pension plans in the City, we’re look at a 3.2 million dollar increase just to keep current with our pension plans.  That alone will put us at the 5 ½ % cap.  That’s not with paving any streets or giving one person a raise.  These are the challenges that all communities are facing.  We hope that some of the pension reform efforts that are being put forth by the Governor and General Assembly are successful.  If were going to be able to provide services, as we should, we’re going to have to take existing resources and allocate them differently and start using them more smartly.  We have to come to terms with these non-discretionary costs that are basically driving the budget and handcuffing us. 

 

4) 2005-2006 CDBG Authorization of Budget

Nancy Remington discusses the recommendation for funding of the 2005-2006 CDBG Program.  A total of $889,267 will be available.  Recommendations for funding were developed through evaluation of identified community development and housing needs and an assessment of its compatibility with the City’s strategic planning documents. The proposed budget provides funding in a variety of categories.  Despite a reduction in the CDBG grants over the past two years, the City has been able to provide funding for projects that continue to meet the needs of low and moderate-income residents.  A Council authorization for submission of 2005-2006 proposed action plan is required tonight.

 

A motion is made by Councilman Caine, seconded by Councilman Miranda to accept recommendations as amended by reducing the funding for the Senior Center Addition by $15,000 and reducing the Williams Ave. Clubhouse by $15,000 and re-allocating that amount of $30,000 to the 100 Bullocks Point Ave. Building Project.  Roll call vote as follows:

 

Councilman Caine

Aye

Councilman Midgley

Aye

Councilman Miranda

Aye

Councilwoman Perry

Aye

Mayor Larisa

Aye

 

The motion passes unanimously

 

Unanimous Consent:  Mr. Fazioli states that Nancy Remington has spent nineteen years with the City and it is her last CDBG cycle with us.  We would all like to wish her well in her new endeavors and thank her for her years of dedicated service with the City of East Providence.

 

5) Safe Summer Driving Program

Mr. Fazioli gives an overview of Chief Paquette’s plan for this year’s safe summer driving program.  Have identified some grant opportunities that are in place now in addition to some new detail that will be in place to provide traffic enforcement over the next couple of months during the summer as well as plans for increasing radar equipment and buying new equipment as well.

 

  B.      REPORTS OF OTHER CITY OFFICIALS

 

1) Claims Committee (By William J. Conley, Jr. City Solicitor)

Carin Baker, Claim No. 05-045                       Deny

Matthew Estrela, Claim No. 05-051                 Refer to New England Gas Company

Liberty Mutual, Claim No. 05-054                    Approve

Ronald A. Mollerberg, Claim No. 05-040         Approve

Ricardo Mourato, Claim No. 05-038                Approve

 

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

 

            2)  Recommendation for Zoning Map Amendment (by Planning Dept.)

On motion of Councilwoman Perry, seconded by Councilman Caine, it is unanimously voted to receive as information.

 

2) Authorization for RFQ’s for Multipurpose Recreation Center (by Joseph Crook-Parks & Recreation)            

 

On motion of Councilwoman Perry, seconded by Councilman Caine, and without objection, Mayor Larisa makes a motion to move John F. Conley up to this section of the meeting to speak after Mr. Crook regarding the multipurpose recreation center.

 

Joe Crook discusses where we are up to this point with the recreation center.  Wants to thank the committee for all their efforts and all the hours they’ve put in and the taxpayers for twice supporting this facility.  Tonight, we request the Council’s authorization to proceed for RFQ’s for architectural design and approval to negotiate with the FOP for purchase of the land on Lyon Avenue.

 

John F. Conley steps forward to state that the voters approved this recreation center twice and that there is a need for a center like this.  Would like Council get this turned over to the City Manager so that we can get this project going. 

 

Councilman Caine states he understands the bond issue was passed and agrees that this sort of center should be built, but we don’t own the site yet and haven’t negotiated for the purchase of the site.  Need to start there first because we don’t know where the numbers are going to be for that yet.  Mr. Crook states they want to do it simultaneously with going out for the RFQ’s.  Councilman Caine states his only issue with that is again, that we don’t own the site and have no idea what the site acquisition number is and don’t know where it will be, so I think the first thing we need to do is take a look at the site and try to see if we can get into the acquisition phase of that and from there, it will give us a good idea of where the numbers are.


Mayor Larisa states that he agrees with Councilman Caine and does support a multipurpose center and has for a long time.  The only questions are when, where, how, and how much.  Waterfront development I believe that is the key to getting us a multipurpose center, be it at Lyon Avenue or at Martin Middle School.  We wouldn’t want to just knock down that building, even though it’s far from perfect as a school, but it would be perfect for a multipurpose center.  Also would like Planning to look at if we can get some State or Federal money for this project if it does go ahead and works out on Lyon Avenue.  The other thing is I don’t believe we have a good estimate on how much it costs per year to operate it with personnel and heat and concrete costs in addition to the cost of construction. Is there additional information available for the Council to educate us on this particular proposal beyond this?  I assume the committee has seen a lot of information and believe that the City Manager said he has the needs analysis.  I think the first step should be to authorize the City Manager to begin the negotiations with the FOP and see what he comes back with to the Council as the Council gets educated on this project and try to look for ways to pay for it and see what we come up with.

 

Councilwoman Perry states this is something the voters voted on and she does support the recreation center; however, we do need to know where it is going to be first because if we go for RFQ’s, I’m sure wherever it is going to be will affect the prices and costs of the RFQ’s as well.

 

Councilman Miranda states he is also in support of the recreation center.  Seeing we don’t own the property yet, we definitely have to talk with the FOP.  They haven’t committed to us, so we don’t know where we stand with this.  We need to get things moving here and have the City Manager speak with the FOP and until we get that done, we truly don’t know where we are.  We have to start here first.

 

Councilman Midgley states he supported this when it was first conceived and I’ve heard from many constituents regarding tonight’s request by Mr. Crook.  I’m here tonight to vote on what is recommended on the motion and that’s what I intend to vote on.  Anything other than that, I’ll vote no on. 

 

The Mayor asks for a motion, which acts on half of the request, to have the City Manager begin negotiations with the FOP to purchase the land.

 

On motion of Councilman Miranda, seconded by Councilman Caine, it is voted to authorize the City Manager to immediately commence negotiations with the FOP.  Roll call vote as follows:

 

Councilman Caine

Aye

Councilman Midgley

Nay

Councilman Miranda

Aye

Councilwoman Perry

Aye

Mayor Larisa

Aye


Motion passes 4 to 1

 

Unanimous Consent:  Councilman Miranda would like to let everyone know about the Day of Portugal coming up on June 10, 2005 at City Hall between the hours of 12 pm - 12:30 pm. 

 

C.        COUNCIL MEMBERS (by Mayor Larisa)

 

1)  Water nonsnafu

Mayor Larisa discusses the Thursday, May 12, 2005 Providence Journal headline of “City admits snafu in seeking help”.  Want to set the record straight because there was actually no snafu at all.  The sub-headline said that there was no federal involvement because no request for federal help was made.  You may not be aware of this, but the writer of the story has nothing to do with the headlines, a whole separate division does the paper’s headlines and their mission is to show controversy or screw-ups, and not exactly what the reporter may have put in the story.  I’m concerned that this happened here and makes us look stupid.  When the City Manager was out of town, the Acting City Manager Conley declared a state of emergency with the approval of the Council and sent a declaration of that to the State Emergency Management Association. That is exactly where you properly send states of emergency, to that agency.  Then the Chief of that agency communicates with the Governor’s Office.  It’s clear we sent it to the right place and the story implies we sent it to the wrong place. 

 

Mr. Conley then states that the declaration was sent to State EMA.  In order to get access to that water and to begin the process of getting State and Federal assistance, transporting and distributing water to the City, and beginning the collection of information for financial assistance, if it became necessary, we had to make that initial declaration.  On April 22, 2005, as a result of that declaration, we had a conference call, with representatives of the State EMA, Federal EMA, and other Federal agencies, in which we outlined that we were operating under an indefinite boil water advisory and what we saw as our long and short-term need to help the State and Federal EMA assist us.  We wanted to identify substantial sources of drinking water outside the community and how we could get it transported here.  Also assistance on identifying the most vulnerable segments of the population and how to efficiently distribute the water and make as much water available to the general population as we could.  Was also to establish what baseline financial information is needed to begin collecting in the event of a worse case scenario, if the advisory went on for a long period of time or if the system got another positive test result back.  Within 26 hours of that call, we learned from Dept. of Health, based on the data and information collected, that we’d be under the fourteen day advisory.  Although we continued our efforts to identify sources, we didn’t have to continue beyond that fourteen days and the additional assistance was never really needed.  The bottom line is the request was sent to the right place, was acted upon, that’s how we initially got the water for the schools, and when the Governor’s Office said they didn’t receive it, I don’t know what was going on between them and EMA, but they obviously knew about the situation and we got all the Federal assistance we could get. 

 

2)  Rose Larisa Memorial Park Staircase Opening Update

Mayor Larisa states that the staircase will be opening on Saturday, June 4th at 10am at the park. Members of Council and myself will be there to open the stairs formally to the public to now be able to have access the beach.  Hopefully within a month, we’ll be opening the handicap access on the far end of the park.  There will also be scheduled about seven concerts for the park over the summer.  The amphitheatre is on order to be built by our Parks Dept.  As part of the handicap access, there’s going to be a concrete platform construction and the amphitheatre will be up sometime this summer. 

 

3)  Toward a Model Animal Shelter for EP 

Mayor Larisa says we have a new beginning at shelter.  I met with ACO Charlie Savoie, he’s doing a great job and gets along extremely well with the volunteers. He loves animals and loves running the shelter and has made big improvements already.  He couldn’t be here tonight, but he will be at the next Council Meeting.  Discussed with him what is on the docket tonight.  Councilman Midgley had brought up issue at the last meeting and we want to deal with that.  The issue was about ten cats going into a neighbors yard constantly and depositing feces on her lawn and garden and making a mess and issue came up of whether we need limits on the number of cats.  It is a problem and shouldn’t be happening and needs to be fixed.  One way is a program by VSA, a spay/neuter program that we will be instituting for all the kittens that come through our shelter.  There is no charge to the City and Rita Falaguerra will discuss this tonight.  It’s done through volunteers and private money.  That is a long-term issue, and doesn’t solve the problem of existing cats in numerous numbers in homes.  What happens when they go outside and roam the neighborhood?  We do have a nuisance ordinance on the books, Section 310E, which states it is unlawful to permit any animal to deposit feces on private or public property other than the property of the animal owner without immediately removing it.  There is a fine of $50 for the first offence, $75 for the second offense, and $125 for the third offense.  Cannot send the ACO out when a single cat deposits feces on a neighbor’s lawn, we can’t enforce that, that’s true, but if there are ten cats constantly going next door, making a mess, we can enforce that.  All it usually takes is one visit from the ACO to say that your cats are depositing feces on the neighbor’s lawn constantly and this has to stop, as a warning, or we’ll have to fine you.  Suggest this as a way to solve the problem without imposing strict limits on the number of cats.  Regarding the hoarding issue, this is viewed as a mental disorder.  The volunteers are working on an anti-hoarding ordinance.  These cats aren’t being well taken care of and it’s not good for them or their owners.  Will be proposing an anti-hoarding ordinance to address that situation at the next meeting.  Hopefully, we’ll be able to solve these issues without imposing strict limits on the number of cats. 

 

Councilman Midgley states the nuisance ordinance should be enforced, but is a little more difficult to enforce than with dogs.  Hard to determine whose cats they are, but another alternative would be trapping them.  Some say it isn’t fair, but it’s not fair for them to come into the neighbors yard and deposit their feces.  They can trap the cat and call the ACO and bring them to the pound.  Limits would have an effect, and would stop them from having more.  The ACO can check around and come back with a reasonable number for that.  The limiting was to eliminate the problem because the spay/neutering doesn’t solve this problem of going in the neighbor’s yard.  Limiting would solve part of the problem, enforcement would solve part of the problem, but again, trapping a cat in your yard, it’s not your cat so it must be a stray.  Spay/neutering them is fine, but if you have 100 cats in your house, that’s a problem.   I leave it up to ACO to decide what the limit should be.

 

The Mayor states in talking with ACO, he agrees and we can use nuisance ordinance. When we find out who has these problems, they can give him a call.  He’s been very responsive.  If we can focus on enforcing the nuisance ordinance, I’d rather see a house with ten fed, healthy cats than someone with five abused cats in a house that’s a mess, they’re running all over the place and it’s not a cleanly environment.  Not sure the number is the issue as opposed to who owns the cats and how well they are taken care of and how well they are making sure they stay on their property.  I don’t have any vote on this tonight, just wanted to bring up the nuisance ordinance and if anyone has a problem, to call Charlie Savoie at the shelter and he’ll try to take care of it.

 

The Mayor discusses whom the ACO reports to.  We don’t have an ordinance on where he should report to, it’s just been a policy that they report to the Police Dept.  Would like to propose to give the City Manager the discretion to change where the ACO reports to and remove them from reporting to the Police Dept.  Will give the City Manager a couple of weeks to make a recommendation to Council at the next meeting on whether ACO should report to him or to another department in the City that is more suitable to manage the animal shelter.  At the next meeting, will be proposing the establishment of a citizens advisory commission, to help the ACO run the pound, that would report directly to him and that he’s a member of, and each member of the Council would get appointments to. Today, he was praising what our volunteers can do.  They’ve gotten tons of free cat food donated to the pound, free animal care donated, gotten every cat in the pound spayed or neutered at no charge and that’s just the beginning of what the volunteers can do.  He said there really isn’t any reason to put down any animal at the shelter unless it is un-adoptable or vicious.  We’ve got great groups of people in the City that will take any animal that is adoptable, cat or dog, before they are put down and get them adopted out.  As long as the ACO and the volunteers have a good relationship, there’s no reason not to have a volunteer group, again, they would report directly to the ACO.  I believe we have here is a real opportunity to take care of the animals, have a model animal shelter, and have a great working relationship between the volunteers and ACO.  Will propose that volunteer commission at the next meeting. Tonight, would like to have a motion to give the City Manager direction to have the ACO report to a department he recommends or to himself and to remove ACO from reporting to the Police Dept. 

 

Councilman Caine states the City Manager should come up with his own plan on what he wants to do with the ACO and decide whether it remains with the Police Dept. or not. 

 

The City Manager states when we initially looked at the ACO when we had the problems in the summer, there was discussion about removing the pound operation away from the Police.  Mayor Larisa states the motion should be to have the City Manager remove operation of the pound from the Police Dept.

 

On motion of Councilman Caine, seconded by Councilwoman Perry, and on a roll-call vote, it is unanimously voted to have the City Manager remove operation of the pound from the Police Dept.

 

Rita Falaguerra, 6 Glenn Avenue, is present and discusses the spay/neuter program and donated food and supplies.  EPVSA is a chapter of a statewide, non-profit human organization, Volunteer Service for Animals (VSA) that has been active in the State of RI for twenty-six years.  We recognize the immense over-population problem of cats throughout the entire State.  We know through our years working with animals that the only humane way is the spaying/neutering of as many cats as possible.  In recognition of the above, EPVSA proposes to spay or neuter every cat housed and adopted through the EP Animal Shelter and this has been done.  As of Monday, every cat at the shelter has been tested for feline aids and leukemia, rabies, distemper, and have been spayed or neutered.  Anyone who adopts from our shelter knows they are getting a healthy animal and if they have other cats at home, know they are not bringing in any diseases.  This is being done at no cost to the City.  It is also a much lower cost than going to veterinarians themselves; it would cost only $75 as opposed to several hundred dollars it can cost you taking them yourself.  It’s win for everyone involved, it costs the City nothing, and we are automatically in compliance.  Our goals are to dramatically reduce the number of unwanted kittens being born each year and to minimize the animals that attract hoarders.  Most hoarder’s hearts are in the right place, they see cats or kittens starving and they take them in.  The problem is that’s as far as they go with them.  They don’t spay or neuter them or have them tested and they keep on breeding.  In the packet I gave you, it states that one un-spayed female and one un-neutered male cat, all their kittens and their kitten’s kittens, in 9 years can total 11,606,077 cats.  Within a year, whoever took in just two cats becomes overwhelmed and that’s how they become hoarders.  We want to insist in ensuring 100% compliance with legislation and we want to make our City a role model that others cities can emulate.  The City already collects a spay/neuter deposit from people. Those who have not complied with the ordinance and have forfeited their spay/neuter deposit, that money is currently earmarked under DEM to be used for spay/neuter and/or education.  Legislation pending that would eliminate the education portion and the money would be dedicated to spaying/neutering.  Adoption fees collected could then go into buying medicine, kitten food, so many things that it could be used for.  Hopefully, the Council will approve this, it’s a win for the people, for the City, and for the animals, and is no cost to the City.  EPVSA still is targeting anyone in the East Bay area if you cannot afford to go to a veterinary hospital and spend several hundred dollars, then you need to call me.  We can help you spay/neuter them.  There is a lot we can do with the new staff at the shelter and the ACO is in favor of this program.  It’s safe to go to the shelter and encourage people to go there.

 

The City Manager clarifies this is the first he’s heard of it.  Not against it, I only knew about the e-mail from Rita last week about the free food and spoke to Charlie only once and didn’t know that the spay/neuter thing was happening.  Mayor Larisa clarifies an e-mail came about 10 days ago spay/neuter program proposed by Rita to Charlie and Charlie’s response was that we need City Manager and/or Council approval on this. 

 

Councilman Caine states we have new ACO who has only been there a short period of time.  We had a fiasco last summer at the pound.  Worried from a liability perspective that people who are not City employees are working out of there and it may be a potential liability problem.  Before I approve this program, I would like to hear from the ACO on this program and learn a little more about it and to hear from the him that he is in support of this, and to get more details about who is in there, when and what liabilities we may have there as well.

 

Rita says it is not her goal to be there all the time, but to facilitate the spaying/neutering of the animals and to be a resource to the staff there.  EPVSA is a very busy group and takes a larger portion of my time.  Wouldn’t have even considered this a year ago with the previous staff, but the new staff is so good and do care about the animals, so that’s why I stepped forward.  EPVSA has money left to the animals of this City.  It is our moral obligation to see that the money is spent accordingly.  It won’t last forever, that’s why the program needs to be self-funding. Councilman Caine states the spay/neuter program doesn’t have to be approved by the Council.  Rita states that is correct, the only thing that has to be approved by the Council is the $75 adoption fee.  Councilman Caine says he understands what you’re doing here, but it’s the first time it’s been brought to me and my first time on the Council, I just doesn’t want to create a program that I don’t know enough about and the ACO is not here to talk about it.  I just want to hear from him first.  Rita just wants to state that they are in favor of this, this would also resolve the spay/neuter follow up compliance and they wouldn’t have to do anymore since all cats that went out would be spayed/neutered.  This way we’re now in 100% compliance. 

 

Councilwoman Perry states it is a very good program and I would probably support it, but this is a Council Manager form of government, we have a City Manager here who administers the day-to-day operations of the City, and the fact he doesn’t know anything about it, we need to defer this item until the next meeting so he can get up to speed on it and to also hear from the ACO about this at the next meeting. 

 

Mayor Larisa states that for the next meeting, we also need to have the City Solicitor look to see if there are any liability issues and to change Section 317 of the ordinance and to get an ordinance ready for first passage ready for the next meeting that takes away the $40 deposit and change to let someone spay/neuter for a flat fee of $75, which shall include all shots in addition to the spaying/neutering.  And to also have the ACO here at the next meeting, and get the City Manager more up to speed with the issue.  Again, for some people it may be a small issue, but I’ve taken a personal interest in the animal shelter for years and some of the goings on there far precede what happened last summer with the squabbles in the City, which I don’t think should have happened, but I believe we have a role model potential here and I do take a personal interest in helping these animals out for the best interest of the people in the City as well as the animals. 

 

Motion made by Councilwoman Perry and seconded by Councilman Caine Motion to defer adoption of this plan until next meeting for first passage of a new ordinance, which will change Section 317 and anything else the City Solicitor believes we need to change to get this program into effect.  Roll call vote is as follows:

 

Councilman Caine                Aye

Councilman Midgley             Nay

Councilman Miranda            Aye

Councilwoman Perry             Aye

Mayor Larisa                          Aye


Motion passes 4 to 1 to defer.

 

D.        COMMUNICATIONS

 

Fred Vinhateiro, 78 Read Street

Requesting to address Council re: permission to close Pawtucket Avenue from 3208 – 3736 on Sunday, May 29, 2005 for The 9th Annual Car Show from 10am-3pm

 

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

 

There being no further business, on motion of Councilman Caine, seconded by Councilwoman Perry, the meeting adjourns at 10:00 P.M.

 

Attest:

 

 

_____________________________________

Dana L. Toy

City Clerk                                                                               

 

Approved: July 12, 2005

Published by ClerkBase
©2026 by Clerkbase. No Claim to Original Government Works.