III. PROCLAMATIONS AND PRESENTATIONS

A. Presentation of Proclamation to Francis W. O’Hara (by Mayor Larisa)

Mayor Larisa presented a proclamation to Francis W. O’Hara proclaiming the day as Francis W. O’Hara day in East Providence, the Mayor also explained to the audience the courageous act performed by Frank O’Hara, when off duty, in an to attempt to rescue an individual drowning off a beach in Narragansett in 2007 and for recognition of receiving the prestigious Carnegie Hero Medal. 

IV. APPOINTMENTS

Preceding these appointments the City Manager and the Mayor recognized Elmer Pina as their designee as Chairman of the Complete Count Committee utilizing the Affirmative Action Committee as the Complete Count Committee as part of the Federal Census. 

A.    Affirmative Action Committee  (by Mayor Larisa)

1.      William Fontes, 95 Hazard Street (02914)

2.      Karen Franks, 105 Elder Avenue (02914)

3.      Barbara Fuller, 66 Swan Street (02914)

4.      Alice Martin, 1 Vineyard Avenue (02914)

5.      Monty Monteiro, 24 Holbrook Street (02914)

6.      Jerome Spinola, 200 East Shore Circle (02914)

Motion by Councilwoman Perry seconded by Councilman Coogan to approve the selected appointees for the Affirmative Action Committee.

Mayor Larisa presented oath of office to the appointees.

V. LICENSES REQUIRING PUBLIC HEARING

A.    Alcoholic Beverage - B – Full Privilege Victualer (Transfer)

Jeffrey Rosenbaum, Two Jerks Pub & Grill, Inc. D.B.A. Two Jerks Pub & Grill to Yikes Entertainment Group, Inc. D.B.A. Two Jerks Pub & Grill 446 Waterman Avenue (02914)

Mayor Larisa asked if they were transferring ownership but keeping the same D.B.A. and it was confirmed and stated that nothing would change. 

Councilman Coogan asked if the hours would change or live entertainment.  It was confirmed they would keep it as it is that they are exploring expanding the entertainment which had in the past been occasional. 

Councilwoman Perry mentioned the objection which was filed and asked if it had been withdrawn.  They responded that it was a past bill which the previous owner had stated he recently paid. 

Mayor Larisa acknowledged as long as the bill had been paid the transfer would go through.

Motion by Councilman Coogan seconded by Councilman DiTraglia and on a roll call vote it is unanimously approved.

VI. LICENSES NOT REQUIRING PUBLIC HEARING

A.    Vict/Over 50 (Transfer)

Two Jerks Pub & Grill, Inc. D.B.A. Two Jerks Pub & Grill to Yikes Entertainment Group, Inc. D.B.A. Two Jerks Pub & Grill (02914)

Motion by Councilman Coogan seconded by Councilman DiTraglia an on a roll call vote it is unanimous.

B.      Dance/Entertainment (Transfer)

Two Jerks Pub & Grill, Inc. D.B.A. Two Jerks Pub & Grill to Yikes Entertainment Group, Inc. D.B.A. Two Jerks Pub & Grill (02914)

Motion by Councilman Coogan seconded by Councilwoman Perry and on a roll call vote it is unanimous.  

C.      Pool Table (Transfer)

Two Jerks Pub & Grill, Inc. D.B.A. Two Jerks Pub & Grill to Yikes Entertainment Group, Inc. D.B.A. Two Jerks Pub & Grill (02914)

Motion by Councilman Coogan seconded by Councilman DiTraglia and on a roll call vote it is unanimous.

D.     Pool Table Sunday (Transfer)

Two Jerks Pub & Grill, Inc. D.B.A. Two Jerks Pub & Grill to Yikes Entertainment Group, Inc. D.B.A. Two Jerks Pub & Grill (02914)

Motion by Councilman Coogan seconded by Councilman DiTraglia and on a roll call vote it is unanimous.

VII. PUBLIC HEARINGS

A.Proposed Annual Budget for the Community Development Block Grant

David Bachrach is called forward to explain the process and pass out information to the Council.  Mayor Larisa asked that in the future they would like copies in the future as well as the submittal letters to review. 

David Bachrach explained that the process started several months ago and recommendations are made on a formula base.  Census counting directly affects how much funds the City of East Providence receives.  HUD does not have this year’s formula calculations ready so the numbers before Council are last year’s numbers which is what is being used right now to make their decisions. Non-profits apply for the funds and a formula base is used to make an initial decision. David discussed how the chart is divided up into several categories and explained what funds can be moved around, indicating that once extra funds are added to a recipient other recipient(s) funds must be depleted to balance that amount, as more funds have been requested than the City is actually receiving. This process now moves into a 30 day comment period.  At this point also specifics regarding the programs are submitted. 

Councilman Coogan asked about United Methodist because they need $10,000 for emergency fire doors. David explained that the trick is if you add to one you need to move from another.  And over the next 30 days that is how this process will be flushed out.

The City Manager stated if waivers or partial waivers could be obtained from the Fire Department on the Senior Center some funds might be saved. 

Mayor Larisa asked when the Council would get the final numbers.  David said it should be soon but there is no date yet.  HUD has to promulgate regulations for the stimulus relief funds before we will have the numbers and added there is a good indication this will increase the funds available.

Councilman Cusack asked what type of formula is used.  David responded it is a Logic Model where they have to explain what the need is and how they administer and then a ranking system goes out with the application that shows where the service is being provided ie:  is it a 70% lower income area and it’s a point system.  Councilman Cusack asked if it is a review each year or three years.  David stated it is a review every year but not as strenuous as a review however the grant continues for three years at a time.  There is a formalized monitoring program HUD then in turn monitors the City.

Mayor Larisa stated that although it helps the organizations to plan ahead with the funds, the issue with the three years for the City is that once it’s committed the funds can’t be moved around. For the next Council meeting we need to know the length of contract on each of these to help base our decisions.

Councilman Coogan asked if this is where the money for Hull Street Tot Park came from which Mayor Larisa had obtained a few years back?  Mayor Larisa said he believed it came from a grant from DEM.

Mayor Larisa called up those in the audience who want to testify for their program and next Council meeting the same will take place giving David enough time to notify everyone.  The Mayor asked for unanimous Council consent and it was granted.

Anthony Shepherd 40 Rosemere Drive CDBG money has been used as grants previously for projects that didn’t come to fruition, is the money refundable, like in the case of Geonova?  Second question the administrative fee seems high who actually uses them and how did that figure come about?

The Mayor answered that he is not aware of any project which received CDBG money that wasn’t finished, Geonova is very much still with the City.  There is a guarantee if the money doesn’t get used it has to be paid back.  If we don’t use 15% on administrative cost we have to use tax payer dollars to administer and we don’t want to do that.  The City Manager added the money goes to the Department, the Director and the Clerical workers and inspection activities administering the funds. 

Louise Healy 40 Irving Avenue, The United Methodist Winslow Garden Complex

Stated they are here today asking for support for the fire exit doors for the roof of the building.  The funds being asked for will take care of these doors and hinges on the apartment doors which will automatically shut the doors as we exit the building.  This is under the new fire code which they are attempting to follow and fix. There are 100 residents living in the building.  The Mayor asked if the State fire code is making Winslow Gardens make these changes.  Louise said she believes they are.

Fran Barry Director of Guidance at Martin Middle School

She stated she instituted the PAVE program at the school and she is shocked that no one has shown up to evaluate their program which is bullying and underage drinking for students.  The first year of the program they held a golf tournament and put $4000 towards the program and if she was asked to help pay for the program again she would glad to do so.    Councilman Cusack asked if the EPPC is what is not being funded?  The City Manager replied that it is a grant funded program.  Mrs. Barry stated it is the same program that comes to the school both in the middle school and now in two elementary schools.

Councilman Cusack wants to know why it was funded in the past and not now? Mrs. Barry said she would like to know the answer to that too and restated she would be willing to raise money again if needed.  She thought the grant was funded for another year. 

Mayor stated the dilemma is that the funding has been cut and it would appear that last year this grant wasn’t locked in. 

Mrs. Barry said she would at least like the opportunity to have the program evaluated and would be willing to once again fund some of the program.

Councilman Coogan asked her to speak with David Bachrach before she leaves. 

Kathy Santos 4 Thurston Street

Question regarding Sabins Point Park which they have been working on for 11 years now.  She wants to know how much the plan is going to be short.  The City Manager stated there was a shortfall and called up Jeanne Boyle to explain.  Jeanne Boyle said the bids came in higher than the funding and had to remove some of the landscaping and benches but with some added CDBG money they were able to put some of that back in.  She added most of the work would be finished this Spring. 

The City Manager added the City is trying to maintain the project as envisioned as much as  possible and if we have to stop due to funding when funds become available will continue with the project. If there are items wanted now not envisioned in the original project the City will continue to try to find funds for that as well.

James Breting 104 Shaw Road

Regarding Sabins Point on the north side of Shore Road the sidewalks really need work at one point they just turn into dirt and gravel.

Councilman Coogan asked if funds for sidewalks could be used for this.  The City Manager replied the Public Works Director Steve Coutu would look into this.

Mr. Breting continued that there are homeowners in that same area that are taking up city land in that area and adding it to their property particularly at 1 Sabins Street. 

Mayor Larisa asked if Director Steve Coutu could take a look at the issue. 
Councilman Cusack reminded the Mayor of an issue in that area that was steep and belonged to the public that was being taken over on Bluff Ave and the neighbors were upset about it and there was a neighborhood meeting on it.

Councilman Coogan asked Mr. Breting to speak with Director Coutu before he leaves. 

The Mayor and the City Manager added that for blocking access to shore line and taking public property over he needs to put this in writing and speak with the City Solicitor Jim Briden.

Dennis Roy CEO of East Bay Community Action Program

Would like to thank the Council for many years of support for medical and dental programs they administer particularly with more and more people in East Providence unable to obtain health care benefits.  They are now going to the elementary schools with their dental vehicle to provide services to the children.  He added that this year they have 3-4 times more money this year for weatherization.  Under Community Development under Housing for Weatherization, those funds ($30,000) could be used for something else because East Bay Community Action could provide this service with the extra funds they have. 

Mayor Larisa added in his years on the Council this is the first time anyone has come forward offering funds that can be used for others.  The Council thanked Mr. Roy.

 Councilman Cusack directed David’s attention to the RI Philharmonic Music School who is a new applicant, invested a lot of funds in the old Meeting Street School building and is acknowledged as being the finest music school in the country.  They acknowledged that the East Providence Public Schools Music Program is excellent.  They work with the public schools and PCD.  They could do a lot of good for a lot of East Providence people and made a substantial investment in the City. 

The Mayor asked if they have low income kids who could be eligible.  David replied they would take their program into the East Providence Schools. 

Councilman Cusack stated this is a perfect example of funding just the one year and then perhaps they can find additional funding after that. 

VIII. CONTINUED BUSINESS

A.    Affirmation of February 21, 2006 unanimous Council vote to grant a six month license to Sax’s Steak & Pizza, LLC d/b/a Sax’s Steak & Pizza, 525 North Broadway. Following the six months license and a review with the Police Chief to confirm no citations occurred, the full privilege of the license will be granted thereby lifting the following stipulation; cannot serve alcohol after 12 midnight. 

The Mayor stated when Sax’s moved in there were neighbor complaints from the previous owner and Sax’s license was limited to review if no complaints were brought then they would be able to have a full license.  This review never took place and we are reviewing now.  There have been no complaints since their inception. 

Councilwoman Perry thought that stipulation was to remain even if no complaints. 

Mayor Larisa stated he read the language from the minutes and the stipulations were to be lifted.

Councilman Cusack added the neighbor concerns were based on a previous occupant and the business and character of the business was totally different. 

Mayor Larisa added there have been zero complaints in three years.  If a neighbor does complain we can hear that complaint and if necessary complete a show cause but we have zero evidence of any issues right now. 

Motion is to allow a full license with no restrictions by Councilman Cusack, seconded by Councilman Coogan and on a roll call vote it is unanimous. 

IX. NEW BUSINESS

A.City Managers Report (by City Manager Richard Brown)

1.      Turner Reservoir Raised Walkway

City Manager Brown discussed the 1500 linear foot pathway located between Pleasant St and the Turner Reservoir Dam.  In October 2008 City Council deemed six firms as qualified all six firms submitted fee proposals in consultation with Gifford Design Group. The Planning Department is asking Council to award the Construction Contract to Solid Earth Technologies in the amount of $399,000.  The total budget is $500,000 the funds are a combination of grants from DEM, Champlain Foundation and a 1998 bond issue for the City.  As this hits the sensitive wetland area it becomes a raised walkway.

In a motion to accept by Councilwoman Perry, seconded by Councilman Cusack and it is unanimous.

B. Reports From Other City Officials

1.Claims Committee Report (by City Solicitor James Briden)

Pursuant to R.I.G.L. § 42-46-5(a)(2), a motion is made by Councilman DiTraglia and seconded by Councilman Cusack to convene in closed session for the purposes of discussing claims & litigation.  Upon a roll call vote:  Mayor Larisa – Aye, Councilman Coogan - Absent, Councilman Cusack – Aye, Councilman DiTraglia – Aye, Councilwoman Perry – Aye, the motion is approved 4-0. 

EAST PROVIDENCE CLAIMS COMMITTEE

CLAIMS & LITIGATION REPORT

APRIL 7, 2009, ROOM 101, 7:00 P.M.

====================================================================

                                                                                           NEW CLAIMS

ALLSTATE FIRE & CASUALTY INS. CO.                                                                                                                     $3449.97

(INSURED: MARCO ANDRADE)

RM No. 08-109, Claim No. 09-012

Claim for property damage sustained to insured’s vehicle after striking a metal water cap at the intersection of Pawtucket Avenue and Pleasant Street.  Recommend referral to the insurance carrier.

Motion by:  Councilman DiTraglia                                              Seconded by:  Councilman Cusack

Motion:  Refer the claim to the insurance carrier.

Councilman Coogan arrives at the meeting.

ANNA BRIGHTMAN                                                                                                                                                       $7780.99

RM No. 09-035, Claim No. 09-018

Claim for property damage sustained as a result of a collapsed sewer pipe allegedly caused by roots from a City tree.  Recommend referral to the insurance carrier.

Motion by:  Councilwoman Perry                                              Seconded by:  Councilman DiTraglia

Motion:  Refer the claim to the insurance carrier.

GARY & KATHLEEN McGOVERN                                                                                                                                  $716.14

RM No. 09-015, Claim No. 09-011

Claim for property damage to vehicle involved in an accident with a Water Division vehicle.

Motion by:  Councilman DiTraglia                                              Seconded by:  Councilman Coogan

Motion:  Approve the claim in the amount of $716.14.

CRISTAL MEDEIROS                                                                                                                                                          $220.50

RM No. 09-028, Claim No. 09-014

Claim for property damage to the windshield of the claimant’s vehicle allegedly caused while driving behind a snow plow on Taunton Avenue.  See recommendation of the Director of Public Works.

Motion by:  Councilman Coogan                                                Seconded by:  Councilman DiTraglia

Motion:  Deny the claim.

RICHARD NORIEGA                                                                                                                                                            $59.97

RM No. 09-024, Claim No. 09-010

Claim for property damage to mailbox sustained during snow plowing operations.  See recommendation of the Director of Public Works.

Motion by:  Councilman DiTraglia                                              Seconded by:  Councilman Coogan

Motion:  Deny the claim.

ROBERT K. RAINEY                                                                                                                                                $2,000,000.00

RM No. 08-110, Claim No. 09-017

Claim for personal injuries sustained as a result of an incident in the auditorium at the East Providence High School.  Recommend referral to the School Department insurance carrier.

Motion by:  Councilman DiTraglia                                              Seconded by:  Councilwoman Perry

Motion:  Refer the claim to the School Department insurance carrier.

ARNOLD ZOGLIO                                                                                                                                                               $225.00

RM No. 09-027, Claim No. 09-013

Claim for reimbursement of expenses incurred as a result of a sewer block.  See recommendation of the Director of Public Works.

Motion by:  Councilman DiTraglia                                              Seconded by:  Councilman Cusack

Motion:  Approve the claim in the amount of $225.00.

LITIGATION

ATTORNEY GENERAL PATRICK LYNCH VS. R.I. DEPT. OF ENVIRONMENTAL

MANAGEMENT AND TLA-PROVIDENCE LLC

C.A. NO. 08-235-M.P.

Oral Status Report

Motion by:  Councilman DiTraglia                                              Seconded by:  Councilman Cusack

Motion:  Received as information.

NARAGANSETT ELECTRIC COMPANY VS. CITY OF EAST PROVIDENCE, ET AL

C.A. NO. 08-6981

Settlement Agreement

Motion by:  Councilman DiTraglia                                              Seconded by:  Councilman Coogan

Motion:  Approve the settlement agreement.

MISCELLANEOUS

BRUCE MURRAY

NOTICE OF LIEN – 285 TAUNTON AVENUE

Motion by:  Councilman Coogan                                                Seconded by:  Councilwoman Perry

Motion:  Refer to the Law Department.

GEONOVA DEVELOPMENT COMPANY

NOTICE OF DEFAULT

DRAFT AGREEMENT

Motion by:  Councilman DiTraglia                                              Seconded by:  Councilwoman Perry

Motion:  Received as information.

Motion to accept the Claims Committee report is made by Councilman DiTraglia and seconded by Councilwoman Perry and it is unanimous. 

C.Council Members

1.      City/School Financial Update (by Mayor Larisa)

The Supplemental Budget has become law and East Providence almost lost all of its revenue sharing fortunately the General Assembly restored a good portion of the funds putting East Providence down about $1.2 million.  East Providence is estimating a $1.5 million dollar shortfall on the City side.  The Council and the City Manager are working on cuts to make this up without raising taxes like other communities. On October 31^st the entire $2.2 million in revenue will vanish for next year which will make a starting point of $2.2 million less.  On the School side it is unclear what stimulus monies will come in to help.  Currently even with the changes made to co-pay and salaries for teachers there will still be a short fall this year of over $1 million.  However, we still have the huge deficit from last year and the $1 million from the year before.  We hoped the stimulus monies would help but it appears the State will be using that money to solve the State deficit problem as we discussed before. 

Councilman Cusack added that the School Department is balancing the budget going forward but there is still a stack of bills unpaid from last year and the people we owe the money too are in a dire situation themselves and those monies have got to be paid.  Currently the City Manager and the Council are meeting to try to find a solution to this problem.

2.      State Labor Relations Board Proceedings (by Mayor Larisa)

A constituent spoke with Mayor Larisa asking the City to come together with the teacher’s union to solve the problem.  Mayor Larisa asked the constituent if he wanted the taxes to go up and he replied of course not.  The Mayor stated the City wants to negotiate the savings needed but the union refuses.  The ratification of the Charter change for co-pay now, which allows the Council to ratify any union contracts so this would not happen again, was heard at the State House. The Mayor reminded everyone the Council would not be part of the negotiations but of the ratification.  The Teacher’s Union was at the State House fighting against the ratification of the Charter.   People have asked for access to hear about the contract beforehand but the Teacher’s Union has said it is an unfair labor practice to have people hear what is going on.  The Teacher’s Union added the City intentionally underfunded education in East Providence.  The Mayor explained the City increased taxes by 3.5% but the only way the City could get more money would be to increase taxes more.  What the Teacher’s Union is really saying is it’s illegal to have a tax increase of only 3.5%.  It is very difficult to negotiate with a group that doesn’t recognize the 3.5% tax cap or the State 5% tax cap.  This Council won’t increase in the tax.  Many vendors have not been paid and a law suit had been filed against the School Department for not paying their bills and they are going to run out of money.  Unlike other Councils and School Departments in East Providence the City, the Council, the School Committee and the School Department are working together.  We are actively meeting trying to find ways to resolve the deficit. 

3.      Reduce speed limit on Leroy Drive from 25 MPH to 15 MPH (by Councilman DiTraglia)

Councilman DiTraglia explained there was a petition of 32 residents on Leroy Dr which runs off of Forbes and there are a lot of children in that area.  He added that he sat in his vehicle for about an hour and a half and there is speeding there.  They are asking to lower the speed limit in the area and this is a reasonable request. 

Mayor Larisa asked if they wanted a report from Director Coutu.

Councilman DiTraglia said yes and the Mayor requested in addition this should be put on the safe street list for this year. 

Councilman Cusack added that he gets reports in Rumford too from the New Road/Pawtucket Ave area and would like to request enforcement there too. 

Mayor Larisa asked if any side streets are at 15 MPH and the reply was no though Councilwoman Perry added there should be.  Mayor Larisa said once we do one we are going to have one a week coming up and 15 is pretty slow, he added if people are going the speed limit of 25 there wouldn’t be a problem. 

Councilman DiTraglia asked for Director Steve Coutu to look into the matter further. Councilman DiTraglia added many people going over the limit are living in the area. 

4.      Asking for a traffic study for Legion Way at Beverly Road (by Councilman DiTraglia)

Two years ago a stop sign was requested at Legion and Beverly and was doing well until the last 6 months, residents have been calling and saying people are flying right through the sign.  Councilman DiTraglia sat in a car with a police officer and they are going right through.  He is requesting a traffic study done even further down Beverly to try to reach some solution because there are a lot of children in the area.  They will do a study to see what it shows and then have an officer there doing enforcement. 

The Mayor asked the City Manager if they could move on this and start enforcement right away. 

Councilman DiTraglia added although people like a clear way with no stops signs you need the stop signs or else they would travel 50 MPH he added he is asking to have Director Coutu look at this area also and have enforcement begin. 

D.Resolutions

State of Rhode Island and Providence Plantations

City of East Providence