I.     CONSENT CALENDAR

A.  APPROVAL OF COUNCIL JOURNALS

November 6, 2007 Regular Meeting

November 6, 2007 Closed Meeting

November 20, 2007 Regular Meeting

B.  LETTER OF RESIGNATION

Dorrie King, Juvenile Hearing Board

C.  ALCOHOLIC BEVERAGE CLASS F-1 – December 8, 2007

St. Francis Xavier Band, 81 North Carpenter Street (02914)

D.  ALCOHOLIC BEVERAGE CLASS F-1 – December 16, 2007

St. Francis Xavier, Casa Dos Acores, 81 North Carpenter Street (02914)

E.   CANCELLATION/ABATEMENTS (Requested by Tax Assessor)

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

II.    LICENSES NOT REQUIRING PUBLIC HEARING

1.   Secondhand Autos & Trucks (Transfer) (Subject to approvals from Chief of Police, Building Inspector, Zoning Officer, and Fire Marshall).

From:  Custom Auto Body, Inc., d/b/a Custom Auto Body, 2244 Pawtucket Avenue (02914)

To:  Bigelow Auto Body, Inc., d/b/a Custom Motors, 2244 Pawtucket Avenue (02914)

Dennis J. Bigelow, 118 Cedar Street, Rehoboth, MA 02769 was sworn in by City Solicitor.

Mr. Bigelow states that he is the new owner and the operation will remain the same.

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

2.   Secondhand Autos & Trucks (Name Change Only)

From:  Andrade Auto Body, Inc., d/b/a Hot Rides, 30 Veterans Memorial Parkway (02914)

To:  Hot Rides, Inc., d/b/a Hot Ride’s Auto Sales, 30 Veterans Memorial Parkway (02914)

The applicant is not present.

Councilwoman Perry stated that this is a name change only and she would move to approve. 

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

Councilwoman Perry requests to go back to the Consent Calendar to vote on the Closed Minutes of November 6, 2007, and on motion of Councilwoman Perry, seconded by Councilman Silva, it is unanimously voted to keep the minutes closed. 

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL

III.   PUBLIC HEARINGS

ORDINANCES – FINAL PASSAGE

The following is an ordinance amendment regarding public hazard.

AN ORDINANCE IN AMENDMENT OF CHAPTER 14 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS".

SECTION I.  Sec. 14-50 entitled “Definitions” of Article IV entitled “Trees” of Chapter 14 entitled “Streets and Sidewalks” of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, is amended by adding thereto the following:

Public hazard means a dead, weakened or diseased tree or one containing signs and/or symptoms of a hazard tree as described by the International Society of Arboriculture and/or Society of Municipal Arborists.

SECTION II.  Sec. 14-52 entitled “Tree commission; powers and duties; meetings” of Article IV entitled “Trees” of Chapter 14 entitled “Streets and Sidewalks” of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, is amended to read as follows:

(a)  Created; composition; appointment. There is created a tree commission, hereinafter referred to as the “commission” which shall consist of five members, including two ex officio positions. The city council, when appointing members to the East Providence Tree Commission, shall give consideration to those persons interested in the conservation and preservation of trees and the urban forest of East Providence. The commission shall, to the extent practicable, include:

(1)  One licensed arborist;

(2)  One professional landscape architect or landscape gardener;

(3)  Three members shall be lay citizens;

(4)  The city forester and a member of the city council shall both be ex officio.

(b)  Powers and Duties. The tree commission shall have the following powers and duties:

(1)  The duties of the tree commission shall be interpreted to include, but not be limited to the protection, maintenance, removal, and planting of trees on public property, and to make such recommendations from time to time to the city council as to desirable legislation concerning the tree program and activities for the city.

(2)  The tree commission shall hear and decide appeals from the standards of this article or an appeal of a decision of the city forester. It may approve, modify, or deny the requested adjustment, based upon protection of public interest, preservation of the intent of this article, and possible unreasonable and unnecessary hardships involved in the case. The commission shall act upon all appeals as expeditiously as possible and shall notify the applicant in writing within five days of the action taken by the commission on the appeal.

(c)  Regular and special meetings; quorum. Regular meetings of the tree commission shall be held quarterly or as needed. Special meetings shall be held as often as the board shall determine them to be necessary. A quorum for the transaction of business at all regular and special meetings shall be three members with full voting powers.

SECTION III.  Sec. 14-53 entitled “City forester—Appointment; qualifications” of Article IV entitled “Trees” of Chapter 14 entitled “Streets and Sidewalks” of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, is amended to read as follows:

The city forester shall be recommended by the Director of Parks and Recreation, approved by the City Manager, and appointed by the city council. The city forester shall be a person holding at least a bachelor’s degree from an accredited college or university in arboriculture or a related field or the equivalent in training or experience.

SECTION IV.  Sec. 14-55 entitled “Same—Authority” of Article IV entitled “Trees” of Chapter 14 entitled “Streets and Sidewalks” of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, is amended by adding thereto the following:

(h)  Unless the condition of the tree constitutes an immediate public hazard, he or she shall, at least five (5) days before the removal, post in the immediate vicinity a suitable notice stating his or her intention to remove the tree. If any person, firm or corporation objects to the removal, he or she may appeal it to the tree warden, in writing, who shall hold a public hearing at some suitable time and place after giving reasonable notice of the hearing to all persons known to be interested and posting a suitable notice in the immediate vicinity. Within five (5) days after the hearing, the tree warden shall render his or her decision granting or denying the appeal (R.I.G.L. § 2-14-8).

Any appeal of a decision of the city forester shall be brought before the tree commission, as articulated in subsection (a) of this section, within five (5) business days of the decision.

SECTION V.  Subsection (c) of Sec. 14-58 entitled “Planting of trees upon any public street or public place” of Article IV entitled “Trees” of Chapter 14 entitled “Streets and Sidewalks” of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, is amended to read as follows:

(c)  Cities and towns may appropriate resources to be used under the direction of the tree warden in planting shade trees upon land adjoining public right of ways, at a distance not exceeding twenty (20) feet from the public ways, that will function as public trees by improving, protecting, shading or beautifying the right of way; provided, that the written consent of the owner of the adjoining land is first obtained.  (R.I.G.L. § 45-2-43).

SECTION VI.  Sec. 14-64 entitled “Appeals” of Article IV entitled “Trees” of Chapter 14 entitled “Streets and Sidewalks” of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, is amended by adding thereto the following:

(c)  If the applicant remains dissatisfied with the ruling of the tree commission, the applicant may appeal to the municipal court.  Notice of the appeal must be filed within ten (10) business days of his or her receipt of the commission’s decision.  This notice must be in writing and directed to the city forester and the city manager.

(d)  No tree subject to the provisions of this chapter shall be removed or in any way altered during the pendency of an appeal, unless deemed a public hazard by the City Forester pursuant to Sec. 14-55 (h).

SECTION VII.  Sec. 14-65 entitled “Violation and penalty” of Article IV entitled “Trees” of Chapter 14 entitled “Streets and Sidewalks” of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, is amended to read as follows:

Notice of Violation.

(a)  First Notice of Violation. A notice by the city forester shall be issued stating the alleged violations by the property owner, advising the owner that these violations must be corrected. This notice shall:

(1)  Be in writing;

(2)  State the alleged violations applicable to this section;

(3)  Describe the property where the violations are alleged to exist or have been committed;

(4)  Provide a reasonable time, as stipulated by the City Forester for the correction of any alleged violation, re-growth of improperly cut or trimmed trees/vegetation or the repurchase and replanting of trees that were destroyed;

(5)  Be served upon the owner, occupant, operator or agent of the property, or by certified or registered mail, return receipt requested, addressed to the last known place of residence of the owner, occupant, operator or agent;

(6)  Inform the person to whom it is directed of his/her rights to apply for a hearing before the city forester and the procedure by which application for such hearing shall fulfill the requirements for service of the notice of violation;

(7)  After expiration of time granted the person served with the notice to seek a hearing, and a hearing was not requested, the notice may be recorded in the office of the recorder of deeds;

(8)  No notice shall be recorded if a hearing has been requested, received, and/or under appeal;

(9)  No notice and lien recorded shall be released until the violation has been abated and the penalty imposed has been paid.

(b)  Reinspection.  After the appropriate time period, as stipulated by the City Forester in the notice of violation, the property described in the notice of violation shall be reinspected. If upon reinspection the violations alleged are determined to have not been corrected, then a second notice of violation shall be issued.

If the owner of the property fails to purchase and replant the trees/vegetation which were improperly pruned without a permit or were destroyed, they will be assessed all relevant costs incurred by the City of East Providence to purchase and plant new trees/vegetation whether performed by the Parks Division of the City of East Providence or a privately hired contractor. These costs include, but are not limited to, tree costs, delivery costs, tree removal, site clearing and salary/labor.

Mr. Conley stated at the request of the Tree Warden may the Council defer action on this matter and defer to the next meeting.

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

IV.   CONTINUED BUSINESS

XI.   NEW BUSINESS

A.  CITY MANAGER’S REPORT

1.   Tentative agreement between AFSCME, Council 94, Local 2969 & three year fiscal impact statement of the agreement.

Mr. Brown states that this is the first time the Council has had to ratify a School Department contract agreement, which is now required by Charter amendment.  He says that the contract has premium sharing for the health care, it phases out buybacks on existing employees, and it restricts them from new employees and has a number of alterations.  He also states his concern about statements made by the School Superintendant pertaining to the deficit reduction.  She stated that because of the current deficit, she would like to take the meals tax money allocated for the deficit reduction and put it into operating expenses.  She also made a statement that she thought it was a good agreement but doubted that they had the ability to pay for the contractual obligations.

Mayor Ramos, Councilman DiTraglia and Councilman Silva all spoke in favor of the contract. 

Councilman Cusack states that he would go further with that earmarked money for meals tax.  He says we are on a credit watch for the State, and because of the Charter amendment, we are expected to ratify these contracts.  Prescriptions are still at $7.00/$25.00 not a percentage.  He goes on to say that we have to do better with these contracts. 

Councilman Silva makes a motion to approve the contract.  Councilman DiTraglia seconds the motion and a roll call vote is taken as follows:

XII.  ADJOURNMENT

On motion of Councilman Silva, seconded by Councilman DiTraglia, it is voted to adjourn.

Mayor Ramos adjourns the meeting at 10:00 p.m.

Attest:

_________________________________

Virginia B. Nunes

City Clerk

Approved:    January 2, 2008