CONSENT CALENDAR

APPROVAL OF COUNCIL JOURNAL

April 15, 2008 - Regular Meeting

PEDDLER-ICE CREAM 90-DAY

Cain Jenkins, d/b/a Del’s Lemonade, 400 Waterman Avenue (02914)

PEDDLER-ICE CREAM

Eddie Martin, d/b/a Palagi’s Ice Cream, 55 Bacon Street, Pawtucket (02860)

ALCOHOLIC BEVERAGE-CLASS F – MAY 22, 2008

Hattie Ide Chaffee Home, 200 Wampanoag Trail (02915)

VICT/NOT OVER 25, CLASS 3

Payback Incorporated, d/b/a Charlie’s Pizza & Steak, 68 Taunton Avenue (02914)

CIRCUS – JUNE 29, 2008

East Providence Parks & Recreation, Pierce Field (02914)

CARNIVAL- JULY 18, 19, & 20, 2008

East Providence Parks & Recreation, Pierce Field (02914)

CANCELLATION/ABATEMENTS (Requested by Tax Assessor)

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

APPOINTMENTS

Ancient Little Neck Cemetery (by Councilman DiTraglia)

Jeff Aronson (for a term expiring 5/20/11)

35 Forbes Street (02915)  

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

Ancient Little Neck Cemetery (by Councilman DiTraglia)

Charlotte Rice (for a term expiring 5/20/11)

90 Read Street (02915)

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

Ancient Little Neck Cemetery (by Councilman DiTraglia)

Melissa Pereira (for a term expiring 5/20/11)

5 Stoneham Drive (02915)

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

Planning Board   (by Councilman Silva)

Anthony Almedia (reappointment for a term expiring 5/20/13)

57 No. Carpenter Street (02914)

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

Planning Board – Alternate Member  (by Councilman Silva)

Octavio Cunha (reappointment for a term expiring 5/20/13)

10 Don Avenue (02916)

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

Planning Board   (by Councilman Cusack)

Robert Cole (to replace Anthony A. Carcieri for a term expiring 1/15/12)

22 Bridgham Farm Road (02916)

PUBLIC HEARINGS

ORDINANCES – FINAL PASSAGE (Given First Passage May 6, 2008 Advertised – Prov. Journal –May 9, 2008.)

CONTINUED BUSINESS

NEW BUSINESS

CITY MANAGER’S REPORT

1.  To terminate East Providence Community Center use of the Union Primary School.

Mr. Brown states during the meeting that we had with the school committee concerning deficit reduction the school superintendent discuss the need to provide additional or alternative space for the administrative functions of the school system.  The Superintendent has identified Union Primary as being an appropriate location for those activities.  Earlier this year we freed up a significant amount of space when we allowed the YMCA to abandon its use of the building due to non-use.  In reviewing the documentation there is a fifty year lease between the City and the Community Center and the lease has been delinquent for about the past six or seven years.  The acquisition of the property is critical to our plan to convert property in the school system to additional revenue.  It’s important for the administrative functions of the schools and in fact the tenant is in default. I would like Council to authorize me to take the appropriate steps to terminate the agreement with the Community Center and to take any legal action that might be necessary to retain complete title to the building.

Councilman Cusack asks if you had conversations with the Community Center people and what is there attitude and are they currently using the building.

Mr. Brown states there using a portion of the building for about half of the work day.  They’ve had changes in leadership over the years and they believe they were promised free rent by a former City Manager and I can’t find anything in the files that substantiates that.  They’re disappointed to lose it; they’re occupying space that has value and they’re not paying anything for it.  In order to relocate their activity they would have to actually start spending money.  We believe based upon the volume of activity that is going on there that they have a need for far less space.

Mayor Ramos asks if there is any way we could help them locate some space.

 Mr. Brown states he would be glad to work with them and have his staff work with them in terms of locating space.

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

2. Financial Statement Audit.

Mr. Brown states last week he submitted annual audit report to members of Council, the highlights are the General Fund exceeded our budget by $3.3 million dollars that’s the amount of fund balance that we require to budget each year.  We did get a clean audit report.  The expenses for the General Fund was slightly under budget by about $315,000, the waterfront finished with a positive change in assets, we are reducing our wastewater deficit, the school deficit was reduced by about $95,000 from the accumulated deficit that already exist.  The Finance Director told me the Council needs to accept this.

Councilman Cusack asked in the management letter were there any recommendations, deficiency noted, any subjections, any guidance.  Mr. McDonald states the management letter has not been completed yet.  It is in draft form and will be presented to you at the next meeting or the one after that.  Having reviewed the draft there wasn’t any serious deficiencies, a lot of technical type of items, no major findings.

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

3. Credit card use for tax bills.

Mr. Brown states this issue was brought to his attention by Mayor Ramos and Peter Barilla.  Mr. Barilla was able to pay his tax bill on line in Florida and brought back all his documentation and asked if we could do the same.  Our concern was if we did that we wouldn’t want to assume the fees for the transaction.  The Finance Director has come up with a mechanism to get the fees paid by the user rather than the City and we are implementing with the next tax bill the credit card payments and we are looking to expand that to other municipal bills and I would ask you to accept this for the record.

Councilwoman Perry states Mr. McDonald can tell you I have been asking for this for years and we’re finally moving into the 21^st century.

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

REPORTS OF OTHER CITY OFFICIALS

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

Mr. Conley presents Claims Report from May 20, 2008:

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

 STEELWORKERS ARBITRATION AWARD (by William J. Conley, Jr. – City Solicitor)

Mr. Conley states I’m sure the Council recalls we were unable to reach a negotiated settlement for a new collective bargaining agreement for the Steelworkers for the fiscal year beginning November 1, 2007 it went to arbitration and we received the arbitration award which is retroactive to November 1, 2007 it does contain a 3% wage increase which is essentially the same wage increase that other bargaining units received pursuant to negotiated settlements.

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

            THE PLACEMENT OF TEMPORY AND PERMANENT EASEMENTS ON CITY OWNED PROPERTY BEING HUNTS MILLS (map 505, block 1, parcel 1) AND THE TURNER RESERVOIR DAM (map 604, block 1, parcel 45) AS PART OF THE TEN MILE RIVER FISH RESTORATION PROJECT. (by Jeanne M. Boyle, Planning Director)

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

COUNCIL MEMBERS

Houses that are Boarded Up in the Community(by Mayor Ramos)

Mayor Ramos states he put this on the agenda because I had a few people talk to me about boarded up houses in the City and particularly Phil Tirrell who’s here today and I would like to move the communications of Phil Tirrell because he wants to talk on this issue.   He asks for unanimous consent to do so and is receives it. 

Mayor Ramos states his concerns about houses that are boarded up for long periods of time and asks if they pay their fair share of the taxes.

Councilman Silva asks Mr. Conley to speak on the ordinance that we already have.

Mr. Conley states I believe the ordinance that Councilman Silva is relating to is the Non-Utilization ordinance.  A number of years ago in regard to the same kind of concern, the City were able to get enabling Legislation from the State Legislator to enact to what is referred to as the Non-Utilization Tax.  This is a Tax which requires certain findings and a process to be put in place by the buildings officials’ office and the Tax Assessors office.  Requires notice to the property owners the processor allows the property owner to market the property.  I can’t tell you if there are any properties currently under notice from the building officials’ office.

Mayor Ramos asks if he could find out and Mr. Brown states we can check that but in general if you property is vacant you’re still liable for the tax that are levied and the levy is based on the attributes of the home not whether it’s occupied or unoccupied.  The Non-Utilization Tax is an additional tax that is levied on the property that is vacant in order to force some activity there.

Mr. Conley states that is correct it is an additional levy over and above the levy they get each year through the usual evaluation.

Mayor Ramos asks if we utilize it and Mr. Conley replies I do know there has been some activity but I don’t know if anybody’s under notice right now.

Mr. Brown states we have to check what is our ability is to levy that tax if a property is in foreclosure and that status may supersede our ability to levy.

Councilman Cusack states the problems in the past had nothing to do with foreclosures it had to do with neglect, which is why that Legislation was passed.  There is a loop hole if you market your property and nail a sign up that says for sale that apparently satisfies the requirement to be marketing your property.

COMMUNICATIONS

Phillip Tirrell, 168 Becker Avenue (02915) was sworn in by City Solicitor.

Laura McNamara, 8 Waverly Road, Barrington (02806) was sworn in by City Solicitor.

Ms. McNamara states our presentation maybe a little redundant because of the conversation that just took place.  I have a statement from the East Providence Area Chamber of Commerce, which I am the Executive Director and Phil Tirrell is our Chairman of our Government Affairs and Economic Development Committee.  We are concerned about the Cities financial situation as well as the business communities who are also struggling with the States recession.  We are aware of one area in which the City could be more proactive and this would certainly generate more revenue without much effort.  Abandon building that sit dormant for years and why doesn’t the City do something about them.  There is an ordinance on the books that was created in 2000 to address these properties.  The ordinance is Article 7 Real Estate Non-Utilization Tax, Sec. 16-85. It refers to vacant or abandoned properties that remain continuously unoccupied for one year.  The ordinance also applies to lots with no structure that is littered with trash and is obviously abandoned.  After one year of being vacant the City has the right to impose an additional tax on these properties at the rate of $10.00 per each $100.00 of the assessed value of the real estate.  Upon review of the ordinance the Chambers of Government Affair and Economic Development Committee found the ordinance not only needs to be enforced but we believed strengthened. 

Mr. Tirrell states I think the name of the ordinance should be changed to Abandoned Property Tax and that’s what most cities and towns use that is something everyone would remember.  It you Google Non-Utilization Tax only Rhode Island cities pop up.  There is no consistency for example Mobile Gas Station in Rumford it is fully assessed at about $900,000 that’s the good new but it should be assessed an additional 10% penalty to get them going.  So instead of them paying $15,000 taxes they would be paying an additional $90,000.  There are properties that have the value reduced significantly on the assessed value.  For instance, if I have a house that’s assessed at $300,000 it should not be brought down to land value of $110,000.  You could take action tonight and just bring these properties up to a full assessed value.   There should be a time limit of activity marketing the sale in the ordinance. Currently someone can put a sign on their building or appear to be in the process of selling it for an indefinite period of time.  For example say the property to worth half a million dollars and they can throw a price out there for a million and a half dollars.  We recommend hardship case be considered before imposing non-utilization tax.  We believe a list of abandon properties should be made available to the public and access through the zoning office and posted on the City’s Web site.  In some communities they have the fire department involved.

Mr. Tirrell states we believe in the dramatic increase in the sewer use connection fee is unfair to the contractors and residents of the City.  This was passed in October 07, we recognize the reason to increase the fee to a reasonable amount; however that 2000% increase from $75.00 to an additional $1,500.00 is outrageous and does not send a positive message throughout the community, if we want to stay business friendly. We ask that a thirty day notice be given before any new fees are implemented.  The average fee in RI is $300.00 we are $1,500.00, also what we find unfair certain parts of the City you will pay less.  For example north of the Henderson Bridge you pay a smaller fee of about $300.00 to Narragansett Bay Commission.  If you live in Riverside you would pay $1,500.00 to the City of East Providence.  So this is also a fairness issue and we feel it should be revised.

Mayor Ramos asks for a motion that this information be forwarded to the City Manager to review.

Councilman Silva asks about the two tier system because I thought we were one City, one payment plan.

Mr. Brown states he will provide a more detailed response, the fee came out of a conversation that we had at a retreat the fact that we were not supporting our infrastructure through our connection fees and we came up with this ordinance.  We are planning investing about $55+ million in our wastewater facility and our collection system.  By not having a substantial sewer connection fee we are having the rate payers who have paid for that system over and over to continue to invest in the infrastructure rather than having the new users participate.  The new users would pay for $75 or a low price.  Councilman Silva thought we were right in the middle with the revised ordinance.

Councilman Cusack states the Chamber people came up and talked on two subjects.  The property abandonment tax, six or seven items per mention that I think is very reasonable.  I would like to have in the motion that we address each one.  With respect the sewer use fee I would echo Councilman Silva as I recall it we were way below the average. 

Councilman DiTraglia states there is a problem with putting a sign up.  Mr. Brown states the example Mr. Tirrell states the property is worth half a million dollars and they asking a million and a half dollars.  I don’t think that is actively being marketed.

Mr. Conley states that correct there is a good faith requirement.  The other issue is changing the name for instance from Non-Utilization to Abandoned Property requires us to go to the State Legislator.  The reason it’s called Non-Utilization is because that’s the definition given by the Legislator that’s why when you hit RI you get Non-Utilization the other you don’t.  The Non-Utilization ordinance tracks the Enabling Legislation that we have.  So all those suggestions of merit still need to be brought back to the State Legislator for modifications because all municipalities ability to tax is only based upon the State Legislator allows it to do.

Councilman Cusack asks isn’t there some changes that we could make to our ordinance that would be in congruence with State law, but be tougher especially with the implementation of the enforcement.

Councilwoman Perry states we do advertise all of our ordinance at least a week and a half to two weeks.  Mr. Tirrell asks if the amounts were advertised and Councilwoman Perry states yes and it’s in the docket which is on line and it always list the entire content of the ordinances.

On motion of Councilman Silva, seconded by Councilwoman Perry and on a roll-call vote, it is unanimously voted to forward all this information to City Manager for review and report back to the Council.

Councilman Silva asks and receives unanimous consent to announce Day of Portugal.  On behave of the City Council and the other delegates of the City and State we will be Celebrating Flag Day and Day of Portugal here in the Chambers Friday, June 6 at 1:00 P.M. the public is invited it’s free and I urge everybody to come and tell their friends and if anybody who wishes to volunteer for the committee can see me or go to the City Manager’s office.

Thelma H. Dufresne, 2407 Pawtucket Avenue (02914) was sworn in by City Solicitor.

Ms. Dufresne asks the Council to pass a State Law 34-10-15 part b into an ordinance where everyone will have protection on both sides of a fence.  I want to thank Representative Melo and the others that made an amendment to that law last year now it is in your hands.

Councilman Cusack asks Ms. Dufresne to explain your own words.  Ms. Dufresne states when a person has a fence and the vegetation is growing over the neighbor side.  The person with vegetation growing over the neighbor the proprietor of the land of which the vegetation originates shall be liable for the removal of all the over grown vegetation and the necessary repairs to the neighbors fence.

Councilman Silva asks Mr. Conley to comment.  Mr. Conley states Ms. Dufresne has been before the Council on prior occasions.  Ms. Dufresne has a continuing problem with a neighbor whose vegetation has overgrown on a fence that runs along her property.  When the problem was brought to the Council a number of years ago we sent out the City’s building official and Minimum Housing officer and attempt to see if there was anything that we could address by way of a violation and there was not.  We look at it from a fire code issue, from a safety issue and it was not.  We also sent out the community policing to talk to Ms. Dufresne and the neighbor to find out if they could mediate this abutting neighbor’s dispute and unfortunately they were not successful either and alternately Representative Melo introduced the section of the State law and it was amended last year.  It does establish that the abutting neighbor is liable. Liable for the damages resulting from the overgrowth of vegetation, it creates a private cause of action. It is neither a State code or City code enforceable statue.  It creates a civil action that the General Assembly can do.  Municipality can’t create civil actions nor do we have the ability to enforce private cause of actions.  The statue does give Ms. Dufresne a legal right civilly through a private action.

ADJOURNMENT

Mayor Ramos adjourns the meeting at 9:00 P.M. on a motion of Councilman Silva, seconded by Councilman DiTraglia.

Attest:

_________________________________

Virginia B. Nunes

City Clerk

Approved:    July 25, 2008