| | CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR CITY COUNCIL MEETING April 21, 2009 7:00pm Executive Session 7:30pm Open Session | |
The City Council meets in the Council Chambers on Tuesday, April 21, 2009 and Mayor Joseph S. Larisa, Jr. calls the meeting to order at 7:30pm.
The invocation is read by Councilwoman Perry and the Salute to the Flag is led by Councilman Cusack.
| Present: | Joseph S. Larisa | ) | Mayor |
| | Robert E. Cusack | ) | Council Members |
| | Valerie A. Perry | ) | |
| | Brian G. Coogan | ) | |
| | Richard M. Brown | ) | City Manager |
| | James P. Briden | ) | City Solicitor |
| | Kim A. Casci | ) | City Clerk |
Motion to keep the minutes of executive session closed is made by Councilwoman Perry, seconded by Councilman Cusack and on a roll call vote it is unanimous.
Motion to return to public session is made by Councilwoman Perry, seconded by Councilman Cusack and it is unanimous.
I. THE CONSENT CALENDAR
A. Approval of Council Journals
1. March 3, 2009 Executive Session
2. Meeting April 7, 2009 Regular Council Meeting
B. Alcoholic Beverage Class F
East Providence Heritage Days Inc, East Providence Heritage Festival, 145 Taunton Avenue (02914)
C. Carnival
East Providence Heritage Days Inc, East Providence Heritage Festival, 145 Taunton Avenue (02914)
A motion to approve the Consent Calendar is made by Councilman Cusack, seconded by Councilwoman Perry and it is unanimous.
II. LICENSES NOT REQUIRING PUBLIC HEARING
A. Private Detective
Robert N. Soucy, 33 Beach Point Road (02915)
Mayor Larisa asked if applicant had received approval from the Police Department and Mr. Soucy replied yes. Mayor Larisa asked if the applicant had a license in any other city or town and if this was his first application and Mr. Soucy replied he had no other licenses and this was his first application.
Councilman Coogan asked if the applicant had any experience in law enforcement. The applicant replied no but that he has investigation experience for five years working with a company. He further stated the Police Department had approved his application so far and he has no intention at this point on applying for a permit to carry a weapon.
On a motion by Councilwoman Perry, seconded by Councilman Coogan and it is unanimous.
III. PUBLIC HEARINGS
A.ORDINANCES
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
CITY OF EAST PROVIDENCE
CHAPTER
AN ORDINANCE IN AMENDMENT OF CHAPTER 4 OF THE
REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE,
RHODE ISLAND, 1998, AS AMENDED, ENTITLED
“BUILDINGS AND BUILDING REGULATIONS”
THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:
SECTION I. Subdivision V. entitled “Heating and Refrigeration” of Division 5 entitled “Minimum Residential Standards” of Article III entitled “Minimum Property Standards” of Chapter 4 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Buildings and Building Regulations” is hereby amended by adding thereto the following:
Sec. 4-201. Outdoor Hydronic Heaters/Outdoor Wood Boilers.
The City Council recognizes and finds that although outdoor hydronic heaters and outdoor wood boilers may represent an economical alternative to conventional heating systems, such systems should not be located or used in such a manner as to compromise the health, safety and welfare of the citizens of the City of East Providence. Such outdoor furnaces can cause harmful emissions, offensive odors, smoke, soot, fumes, ash and other conditions that may constitute a public nuisance. This ordinance seeks to regulate the location, use, construction and operation of outdoor furnaces so that they do not become a public nuisance.
Sec. 4-202. Definitions.
The following words, terms and phrases shall have the meanings ascribed to them by this section:
Allowable fuels means clean wood, wood pellets made from clean wood, manufacturer approved fuels, provided they are not prohibited fuels, and home heating oil that complies with the applicable sulfur content limit or natural gas may be used as starter fuels for dual-fired outdoor hydronic heaters.
Clean wood means wood that has no paint, stains, or other types of coatings, and wood that has not been treated with, including but not limited to, sealants, copper chromium arsenate, creosote, or pentachlorophenol.
Commercial-size heater means a heater with a rated thermal output greater than 350,000 Btu/hr.
Existing unit or existing OHH means an outdoor hydronic heater that has been installed prior to the effective date of this ordinance.
Heating season means a period beginning October 1 and ending May 1, inclusive.
New OHH means an outdoor hydronic heater that is installed after the effective date of this ordinance.
Nuisance means an activity which substantially interferes with the right to use and enjoy property.
Opacity means the degree to which emissions other than water reduce the transmission of light and obscure the view of an object in the background.
Outdoor hydronic heater or outdoor wood boiler (sometimes referred to herein as OHH) means a free standing accessory structure housing a wood-burning furnace, with a smoke stack, used to provide heat or hot water to a building, or accessory structure designed to:
(a) burn wood or other approved solid fuels;
(b) that the manufacturer specifies for outdoor installation or installation in structures not normally occupied by humans (e.g., garages); and
(c) heat building space and/or water via the distribution, typically through pipes, of a fluid heated in the device, typically water or a water/antifreeze mixture. This includes without limitation any structure, equipment, device, or apparatus, or any part thereof, which is installed, affixed, constructed or located outdoors for the primary purpose of combustion of solid fuel, including but not limited to wood, to produce heat or energy used as a component of a heating system.
Prohibited fuels means:
1. Any wood that does not meet the definition of clean wood;
2. Rubbish or garbage, including but not limited to food wastes, food and beverage packaging, or food wraps;
3. Tires;
4. Lawn clippings, leaves, brush trimmings, or general yard waste;
5. Materials containing plastic;
6. Materials containing rubber;
7. Waste petroleum products;
8. Paints and paint thinners;
9. Chemicals;
10. Coal;
11. Any type of paper/cardboard;
12. Construction and demolition debris;
13. Plywood or other composite wood products;
14. Particleboard;
15. Salt water driftwood;
16. Manure;
17. Asphalt products;
18. Any material prohibited for combustion by state or federal law or regulation; and
19. Lighter fluids, gasoline or chemicals to start the flames are prohibited.
Residential size heater means a heater with a rated thermal output of 350,000 Btu/hr or less as rated by the test method identified in this ordinance.
Untreated lumber means dry wood that has been milled and dried but that has not been treated or combined with any petroleum product, chemical, preservative, glue, adhesive, stain, paint or other substance.
Sec. 4-203. Permit requirements.
(a) No person or entity shall construct, install, use, operate, or permit to be operated on their property an outdoor hydronic heater or outdoor wood boiler without first obtaining a mechanical permit issued by the Mechanical Inspector following review and approval by the Fire Marshal. Installation of all new units requires an initial permit application following the effective date of this ordinance. Said application shall include a Class I survey showing all property lines, the locations and distances of all dwellings or occupied buildings on adjoining properties within three hundred (300) feet of the property line, and the proposed location of the OHH which must be one hundred (100) feet from any property line. All units, new or used, shall carry a tag certifying that the OHH complies with the EPA Phase II Emission standard, or higher as defined by the EPA, which standard is herein incorporated by reference.
(b) Any OHH in existence on the effective date of this ordinance which was installed with proper permits and inspections shall be permitted to remain, provided that the owner complies with all requirements of this ordinance except for the distance and setback and chimney height restrictions enumerated in Sec. 4-203(a).
(c) Any existing OHH that has been installed without the issuance of proper permits and/or inspections shall be removed.
(d) An application fee of $200.00 shall be charged for the initial application for new units and for each annual operating permit thereafter. This fee shall be in addition to all other fees for inspections for compliance with all applicable building, plumbing, electrical, fire and other laws as deemed necessary by the Building/Zoning Official.
(e) The owner of the lot upon which an OHH is located shall apply for an annual operating permit. This permit is required each calendar year after the initial installation of the OHH. The permit shall be valid for the period from October 1 through May 1. The owner shall pay all fees imposed for the application for such operating permit as well as inspection fees to determine if the OHH complies with this ordinance and all other applicable codes and ordinances.
A permit issued pursuant to this ordinance may be suspended by the Mechanical Inspector to protect the public health, safety and welfare of the residents of the City of East Providence for the following reasons:
1. Malodorous air contaminants from the OHH are detectable outside the property of the person on whose land the OHH is located;
2. The emissions from the OHH interfere with reasonable enjoyment of life on neighboring property;
3. The emissions from the OHH cause damage to vegetation on neighboring property;
4. The emissions from the OHH are or may be harmful to human or animal health;
5. The burning of any prohibited fuels.
Sec. 4-204. Restrictions. The OHH must be a minimum of three hundred(300) feet from any building not served by the OHH.
The OHH must be located a minimum of one hundred (100) feet from any lot line.
Residential properties shall only install residential size heaters.
The height of the chimney shall exceed the height of the roof peaks of buildings located within three hundred (300) feet of the OHH and are not served by the OHH, provided further, that in no event shall the height of the chimney for any single or multi-family residential properties be less than sixteen (16) feet or more than thirty-five (35) feet from ground level.
Thirty (30) feet from any structure that it services, or such greater distance as shall be advised by the manufacturer.
The location of any OHH in any front yard as defined in the East Providence zoning ordinance is expressly prohibited.
All OHHs may be in operation from October 1 to and including May 1 only.
The by-products of burning wood in the unit such as ash or wood remnants must be disposed of in a manner that does not create a nuisance or adversely impact ground water supplies or wetland resources and in compliance with all applicable laws.
No person or entity operating an OHH shall cause, suffer, allow or permit the use of a fuel other than allowable fuels as here defined. No person or entity operating an OHH shall cause, suffer, allow or permit the burning of any prohibited fuels as herein defined.
Manufacturers Standards — All OHHs shall, as a minimum standard, operate in compliance with the operating manual and standards of the manufacturer of the unit, including, but not limited to, the manufacturer recommended loading times and amounts.
Particulate Emission Standards for New Units:
1. All new units, as defined in this ordinance, shall comply, as of the effective date of this ordinance, with the EPA Phase II Emission standard, as defined by the EPA, which standard is incorporated herein by reference.
2. No person or entity shall purchase, operate, install or allow installation of an OHH for use in the City of East Providence unless it has been certified to meet a particulate matter emission limit of 0.32 lb/MMBtu heat output and satisfies the 2010 USEPA standard for same (the commonly called Phase II Emission standard).
Sec. 4-205. Existing units.
(a). All provisions of this ordinance shall become effective upon passage with respect to all existing units in use and operation before the effective passage of this ordinance.
(b). Any existing unit as defined herein that is to be replaced shall meet all provisions set forth in this ordinance except as specified herein.
(c). Compliance with this ordinance shall not exonerate or insulate the owner of an OHH from the provisions of Sec. 4-206 below.
Sec. 4-206. Applicability of other regulations and laws.
A. Compliance with Law
All OHHs shall be manufactured, constructed, installed, operated and located in conformance with any other applicable state or federal laws or regulations, including but not limited to those of the US EPA and RIDEM. In the event of any conflict among state, federal and local ordinances, the more restrictive law or regulation shall apply. All other provisions of the building code, electrical code or any other applicable codes shall also apply, as well as applicable subdivision and zoning regulations.
B. Nuisance or Other Condition
One is prohibited to use, maintain or operate any OHH, or use its ash or residue, so that it creates a nuisance or an interference with the health, safety and welfare of the City of East Providence or of any person. Compliance with this ordinance shall not otherwise exonerate or insulate the owner of an OHH from liability for the creation of a nuisance or other interference with the public health, safety and welfare, and it is intended that the City of East Providence and its citizens shall have preserved any public or private right of action in nuisance or otherwise resulting from the operation of such OHH, either under this ordinance, or under any state or federal law or regulation, or the common law.
Sec. 4-207. Suspension of operation.
(a) The Building Official, or his designee, may issue an order requiring the immediate suspension of operation of an OHH should he determine that a nuisance is or has been caused by the use and operation of the OHH, as a result of any condition, including, without limitation, malodorous air contaminants detectable on land other than that of the OHH owner; emissions that interfere with the reasonable enjoyment of the life or property of any person; emissions that cause damage to the environment, vegetation or property of another; or for any other violation of the terms of this ordinance.
(b) The use of an OHH may be reinstated by the Building Official, or his designee, once he determines that compliance has been established and the offending condition has been remedied.
Sec. 4-208. Penalties.
Failure to comply with any provision of this ordinance shall be a violation, and a first offense shall be punishable by a written warning. Each offense thereafter shall be punishable by a fine of $100.00 per day. Each day of each offense shall constitute a separate violation.
The Building Official, or his designee, shall be responsible for the enforcement of this ordinance. The Building Official shall have the discretion to forego a warning for a first violation, if, in his reasonable discretion, he is of the belief that the violation is unintentional and can be corrected in less than ten (10) days. Should the owner abate the violation within the time established by the Building Official, it shall not constitute a first offense.
Any person or entity in violation of the terms of this ordinance shall, in
addition to the above sanctions, be liable to the City of East Providence for all costs of remediation actions necessitated by the actions of the violator, and for the costs (including reasonable attorney fees) of any action brought for equitable or legal relief against the violator, which costs and fees shall constitute a lien against the property on which the OHH is located.
SECTION II. This ordinance shall take effect upon its second passage and all ordinances or parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Mayor Joseph Larisa
Advertised: Providence Journal April 10 and April 24, 2009.
Received First Passage: April 7, 2009
A motion to dispense with the reading of the ordinance is made by Councilwoman Perry, seconded by Councilman Cusack and it is unanimous.
Mayor Larisa explained that following first passage the Solicitor refined the ordinance and that today this amended ordinance is up for first passage. Mayor Larisa asked Solicitor Briden to explain the changes. Solicitor Briden explained the deleted and chimney height and insert $50 for the renewal fee. Mayor Larisa asked if Council had any questions on these changes and asked if anyone in the audience was present wanting to testify and there was none. The ordinance will be re-advertised for second passage at the next Council meeting.
A motion for first passage as amended is made by Councilwoman Perry, seconded by Councilman Cusack and it is unanimous.
A motion is made to change the order of the docket and move the RFP Resolution by Councilman Cusack, seconded by Councilman Coogan and it is unanimous.
B. RESOLUTIONS
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
CITY OF EAST PROVIDENCE
AUTHORIZING ISSUANCE OF A REQUEST FOR PROPOSALS TO DESIGN, BUILD AND OPERATE CAPITAL IMPROVEMENTS TO THE WASTEWATER TREATMENT PLANT AND COLLECTION SYSTEM
WHEREAS, the City has entered into a Consent Agreement dated April 3, 2007 ("Consent Agreement") with the Rhode Island Department of Environmental Management that requires the City’s wastewater treatment system to meet reduced total nitrogen levels and other performance criteria set forth in the Consent Agreement; and,
WHEREAS, in order to achieve the requirements of the Consent Agreement, the City seeks to procure the design, construction and operation of capital improvements to the City’s wastewater treatment plant (“Plant”) and collection system (“Collection System”) through a public request for proposals (“RFP”); and
WHEREAS, the primary objective of the RFP is to procure the services of a private firm who will guaranty compliance with the Consent Agreement by performing improvements to the Plant and Collection System and operating and maintaining the Plant and Collection System in accordance with applicable law.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF
EAST PROVIDENCE HEREBY RESOLVES:
1. That the City Manager, the Public Works Director and the Finance Director/Purchasing Agent shall prepare, issue and notice an RFP and contract, each in substantially the form presented to this Council, for the design, construction and long-term operation of the capital improvements to the Plant and Collection System.
2. That the City Manager, the Public Works Director and the Finance Director/Purchasing Agent shall evaluate the responses to the RFP based on the objective measurable criteria detailed in the RFP and in accordance with the requirements of R.I. Gen. Laws Chapter 45-55, the City Charter and the ordinances of the City.
3. That the City Manager, the Public Works Director and the Finance Director/Purchasing Agent shall present their evaluations and make a recommendation to this Council for award of the project.
Requested by: Mayor Larisa
City Manager Brown reported on a summary of the special work session of the Council from April 14th regarding the Design Build Operate RFP process for the Sewer Treatment Plant. The City anticipates issuing the RFP on May 5, having a proposal conference on May 19 including conducting tours of the facility and answering questions with a July 14 submission date, evaluating in mid-September and bringing recommendations to the Council at the beginning of December. City Manager Brown asked the Council to adopt the resolution contained in the docket authorizing the issuance of the request for proposals, Council will be kept apprised during the process.
Councilman Cusack stated that until the RFP is issued and the City receives responses we won’t really know what the cost will be.
Mayor Larisa stated that Barrington will be paying 20% of the cost. He added that the $70 million price tag in this economy is high and the City hopes that bidders are understanding this fact, the cost of concrete, steal and construction have come down substantially. The big issue is how the rate payer will be affected. The City doesn’t want rates to go up in excess of what the Narragansett Bay Commission is charging their group of rate payers, East Providence will be compared with Narragansett Bay Commission and other communities so that East Providence rate payers are not paying more and hopefully will be paying less. One of the questions is what if the bids come in and the rates are unacceptable to the Council? Asking the bidders to change a portion of the RFP to save a certain dollar amount? After this it would be presented to all the bidders to adjust.
Sean Coffey responded that these alternatives are allowed under this RFP. This procurement is designed as a best evaluated bid price procurement. You can do a competitive evaluation where you rate each bidder against each other.
Susan Landon spoke regarding this issue and explained they have set a base line, each bidder will provide their design build price and the service fee to run the plant.
Mayor Larisa asked if they felt as though there was enough flexibility in the proposal?
Susan Landon said they have left the door open to flexibility including listening to alternative ideas including alternative energy ideas.
Mayor Larisa asked to have this language specifically put in the proposal.
Susan Landon said she would look at the RFP and straighten the language.
Councilman Coogan asked if the cost was $80 million?
Susan Landon said that was based on the entire design, building and facility plan.
Councilman Coogan said actually materials have gone up, labor has come down but material has gone up. I don’t feel comfortable voting on this unless we know exactly what homeowners are going to be charged. Can a homeowner put in a separate water deduction meter?
Steve Coutu was called up to answer this question.
Councilman Cusack for those who haven’t been following the process right along it would be good to introduce what Malcolm Pirnie’s role is.
The City Manager explained Malcolm Pirnie was hired by the City to guide us in the engineering aspects and head the project related to DBO, the driving force is to ensure compliance with the permit. Sean Coffey from Burns and Levinson serves as the legal advisor to this effort and has experience with this process he will confirm the documents for the RFP process and this will serve the City better later on in the process. We won’t know what it is going to cost until the bids come in, we have the right to reject them.
City Manager Brown stated the purpose of DBO is for you to have a Plan B. You have your own people run it while you design and identify problems along the way. Plan B becomes not only the responses in the RFP process but the alternatives, energy, efficiency, timing and any combination.
Susan Landon added the cost savings with the DBO process construction can start before the design is 100% complete and this scheduled compression does result in cost savings. Financial planning services can be looked at while proposals are being submitted by vendors so we can get a sense of costs and rates. She also added the number right now is $70 million not $80 million but that could be less.
Councilman Cusack stated the attorney is making sure the documents we have really in fact transfer the risk from the City to the vendor once and for all. This is the team that is helping us get it done, not the team that will be building it.
Councilman Coogan stated he would like to know what this is going to cost before we vote.
Steve Coutu answered Councilman Coogan’s question regarding the additional water meter, the City does allow a property owner to install a deduct meter, on a section of water line that is not connected to the indoor plumbing, so it is not going down the drain, usually used for a sprinkler system, the water is not going down the drain, not going to the sewer plant. This procedure is spelled out in the rate section of the ordinances, it has to be installed by a licensed plumber and there is an application process, there is an exemption in your water bill that already applies to water not going down the drain, when you install this you lose that exemption, and the exemption is around 1/3 of a person’s bill. This is usually used by companies whose bulk of water does not go down the drain, for example and ice company. Typically unless you have a large lawn it’s usually not worth it, we can work with them to see what the water usage is.
Councilman Coogan asked how many homes in the City have those and Steve Coutu responded he could get that information for the Councilman.
Motion to move forward the RFP process as it appears on the docket is made by Councilman Coogan, seconded by Councilman Cusack and on a roll call vote it is unanimous.
A motion is made to return to the regular order of business on the docket by Councilman Cusack, seconded by Councilman Coogan and it is unanimous.
D. PROPOSED ANNUAL BUDGET FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT
The City Manager called David Bachrach up to inform the Council where the City is in the process since the last meeting. Tonight there will be an opportunity for the public to come up and speak in favor of their program.
Mayor Larisa asked since the monies were removed regarding the energy audit under Housing where did the remaining monies go?
David Bachrach replied the bulk of the monies went to the Fire Department’s request for funds for generator replacement. $10,000 went to the fire safety doors for United Methodist.
Mayor Larisa unfortunately the City was told they could only move the funds to areas outside of the public service area. Where did the $5,000 for the RI Philharmonic School come from?
David Bachrach stated the Fire Department CPR was zeroed out and the $500 from the Samaritans was zeroed out.
Mayor Larisa asked that copies be made for the audience which includes the list with the amounts being suggested to be awarded.
Both Mayor Larisa and Councilman Cusack expressed frustration that the Foster Grandparents program was told they would be zeroed out as Council received many emails and phone calls when this was never the case.
Mayor Larisa stated if you are on the list and it states that you are being cut or zeroed out you can come up and speak.
Councilman Cusack stated also if you were never funded in the past and the community doesn’t know anything about your program, you’re a first time funder, and you would like to come up and tell people what your program does feel free to do so.
John Reis a retired Lt from the Providence Police Department and the Founder and Educator with the PAVE Project, they have been in East Providence for several years, at Martin Middle School and Orlo and Whiteknect Elementary Schools. The program deals with bullying prevention, awareness, education, observations and interventions within the schools. Vice Principal Prew and Miss Gibbs both came to support the program. This funding is for all three schools.
Katherine Moriello Flatts Assistant Director for EPPC has been able to support these programs at the schools so they are getting a continued message. This particular funding includes administrative costs to administer the grant at EPPC. We are asking the Council to fulfill this request and asking the Council to provide for $2,000 for each school and we will remove our $1,000 administrative cost. Last year we received approximately $6,000. For ten years we have worked with a variety of organizations to provide youth with programs. It has not always been violence prevention programs.
David Bachrach stated this is an example of the programming itself is vital, functioning and has an impact but there might be $4,000-$6,000 would allow them to have a viable program. Orlo and Martin can have a PAVE program without this funding.
Mayor Larisa, what will happen at Orlo and Martin school with the bullying program if we cannot fund, would it end?
David responded that without this funding they have very limited funds and it would most likely be zeroed out.
Mayor Larisa asked if it was still possible that more funding might come in from the Federal Government.
David Bachrach said yes very possible but we don’t know where they will tell us we need to use the funds.
City Manager Brown said a final decision doesn’t have to be made until next meeting when we might have the additional numbers for possible funding.
Mayor Larisa stated if we get the additional funding the Council is in agreement that we would fund this program some money.
Councilman Coogan wants to know why can’t you just take a little sliver off of the other organizations and ask them to raise a portion of theirs and then PAVE could get some funding.
David Bachrach said if no additional funds come in we could look at that.
Councilman Cusack said because the three year commitment don’t you have to fund some of these programs the amount listed?
David Bachrach said it is within your right to change that but however it defeats the purpose of a three year commitment.
Katherine Moriello Flatts added that EPPC’s program, Townies Putting the Brakes on Underage Drinking which is to reduce youth access to alcohol previously was able to use data provided by the SALT survey which is administered at the schools. When putting the needs assessment together we needed data collection and because the SALT survey was cut we have no access to that data. In that gap we looked to CDBG to assist with the funding for data. If Council cannot allocate that this year we do look to come forward to request these funds next year.
David Beauchaine Director of the Philharmonic Music School came up to thank the Council for funding us for the first time for our program working with the East Providence Schools. The City should be commended for funding music education and collaborating with local arts organizations will benefit this program. Music can be a tool across the curriculum and it can be a key to help students succeed in school, understand themselves and society. We want to help the students of East Providence to have access to these programs.
Chairman Joe Gibson and Vice Chairman George Page from the Beautification Commission for a one time funding for the Welcome to East Providence signs. Funding of $2,000 was received from the Exxon Mobil Corp. to pay for one sign so far. The first sign will be near the walking trail for Hunt’s Mills. Funding will allow for additional signs to be installed. Wil Gates designed the sign.
Councilman Cusack wondering if there could possibly be a design review committee particularly if one will be installed near Hunt’s Mills.
Joe Gibson said certainly and will contact Councilman Cusack.
Denise Panichis Director of the Samaritans of Rhode Island
We are only asking for $500 for our hotline. Suicidal people are hopeless, they believe that no one cares if they live or die and in the end they are doing everyone a favor if they commit suicide. The single biggest risk factor is lack of connectiveness. All of these programs help people stay connected but when this falls apart they call the Samaritans. The volunteers and raining are all free and they give us back 200 hours of community service we get about $150,000 worth of volunteer time. We call them scholarships because they give their time.
Mayor Larisa stated they are on the list if the City receives additional funding.
Councilman Coogan stated that if the money can’t be found he will personally give the Samaritans the $500. Councilman Coogan further stated that he had a brother that committed suicide.
John Potvin from the EMS Director from the City Fire Department asking for funding for the CPR program. Heart Disease and Stroke are the leading cause of death in men and women account for 40% of all deaths. Almost half of all victims die before EMS arrives. In the time it takes to hear this presentation several Americans will die from sudden cardiac arrest, dropping dead will be the first sign they received of cardiac arrest. Every minute counts. Survival rates are highest when immediate CPR is provided and defribulation occurs. Cardiac arrest can happen at any age and lives have been saved by those who learned CPR. With these funds the fire department will have the opportunity to offer CPR and defribulation courses to hundreds of members of the community. This could earn East Providence one of only three pilot programs in the state which can receive the distinction as being a Heart Safe City. Very little labor cost, the majority of the funds are to purchase anytime heart kits. Two types of training CPR heart saver and CPR anytime where you take the kit home and show those you know, statistics show that 2-3 people also receive training from people taking these kits home. They plan on charging people who can purchase the kits $35 but the money being requested would go to those who cannot afford to purchase the kits. Through an anonymous donor we are distributing kits to all the 8th graders in the City.
Councilwoman Perry asked if this is the same type of training the Red Cross does for free?
City Manager Brown stated basically the same course that is updated to the current standards. There was no cost associated with those who took it but there was a cost to provide it, the City paid for it for the City employees for the training materials. In the past some had been provided under emergency management funds.
Mayor Larisa stated they would look into this and hopefully would have some additional funds.
Felicia Demaris Tupin from the East Bay Center, to thank the Council for the continued funding of $10,000 to provide for mental health and addition services for those that are uninsured in East Providence.
Mayor Larisa stated there is not a final decision tonight, unless you hear from the Director that the Council is thinking about cutting your program you can rest safely. If you hear otherwise please feel free to email or contact myself or the Council. If we are lucky enough to get some additional funds we are inclined to fund those programs still in need.
IV. NEW BUSINESS
A. REPORTS FROM OTHER CITY OFFICIALS
1. Claims Committee Report (by City Solicitor James Briden)
NEW CLAIMS
IVETTE BERMUDEZ $300.30
RM No. 09-031, Claim No. 09-016
Claim for reimbursement of expenses incurred for damages to vehicle sustained as a result of striking a pothole. See recommendation of the Director of Public Works.
Motion by: Councilman Coogan Seconded by: Councilman Cusack
Motion: Deny the claim.
KAREN FURTADO $65.00
RM No. 09-030, Claim No. 09-015
Claim for reimbursement of expenses incurred for damages to vehicle sustained as a result of striking a pothole. See recommendation of the Director of Public Works.
Motion by: Councilman Cusack Seconded by: Councilwoman Perry
Motion: Deny the claim.
WILLIAM MAJOR $19.98
RM No. 09-037, Claim No. 09-020
Claim for reimbursement of expenses incurred for damages to claimant’s cable line which was struck and knocked down by the City’s trash contractor. See recommendation of the Director of Public Works and Recycling Coordinator.
Motion by: Councilman Cusack Seconded by: Councilman Coogan
Motion: Approve the claim in the amount of $19.98.
MATTHEW MIGUEL $6000.00
RM No. 08-111, Claim No. 09-021
Claim for personal injuries sustained while riding a bike on the sidewalk area in front of 414 Warren Avenue. Recommend referral to the insurance carrier.
Motion by: Councilman Cusack Seconded by: Councilwoman Perry
Motion: Refer the claim to the insurance carrier.
PALMIRA PINHEIRO $249.67
RM No. 09-016, Claim No. 09-006
Claim for property damage to claimant’s parked vehicle struck by a fire truck.
Motion by: Councilwoman Perry Seconded by: Councilman Cusack
Motion: Approve the claim in the amount of $249.67.
LITIGATION
NARRAGANSETT PELLET CORP. VS. CITY OF EAST PROVIDENCE
C.A. NO. PC07-4810
Oral Status Report
Motion by: Councilman Cusack Seconded by: Councilwoman Perry
Motion: Refer the matter to the Law Department for further action.
Motion to accept the Claims Committee Report is made by Councilman Cusack, seconded by Councilwoman Perry and it is unanimous.
B. COUNCIL MEMBERS
1. Update on Charter Amendment – and request for ratification of our Charter by General Assembly by Mayor Larisa
The Charter Amendment was voted on by over 70% of the residents in East Providence who voted to give the Council final authority over all collective bargaining agreements. We are subject to the spending by the school department and right now we only have authority over the city side collective bargaining agreements. We have to set the tax rate and have to decide what the citizens can pay. The buck will now stop with the City Council. In the past, since 1954, every time the Charter has been ratified by the General Assembly. At a hearing at the State House, myself, Councilman Cusack and City Manager Brown attended to testify in favor of this ratification, we found that Representative Jack Savage, a sponsor of the bill, testified against the Charter Amendment, against the vote of his constituents by 2-1 in favor of this amendment. The City Council will issue another resolution asking which East Providence Representatives and Senators are against this ratification. Others that testified against were the NEA RI Representative Henry Bonniger, and Val Lawson, President of the East Providence Teacher’s Union. Their rationale is, don’t get involved in the ongoing dispute. The Charter Amendment has nothing to do with the ongoing dispute, this is already in the Charter and we don’t feel we need to get the approval of the General Assembly as Solicitor Briden, Oliveirio and former Solicitor Conley didn’t think it was necessary. However, we are trying to avoid it being challenged by the Teacher’s Union in court which will cost more money to defend the voters position. Representative Savage stated he didn’t think it was legal, the RI Supreme Court disagrees with Representative Savage as they have already ruled it is legal in Providence. Representative Savage said it violates Title 16 but if ratified by the General Assembly the ruling plainly states it is not illegal. The Supreme Court held in the Providence case that yes they dobargain and sign the contract but the City Council can ratify if they choose and that the contract is not binding until they do so. Even if a particular Representative or Senator disagrees with an item and votes against it, they certainly have the right to do so but when 70% or more voters are in favor and it passes and the Representative or Senator refuses to ratify the voters choice it would seem they are not doing the will of the people who have elected them. I have never seen anyone sponsor a bill and come out against the bill the way Representative Savage did. Previously, we were told it didn’t pass because no one showed up to testify. Representative Mello, to his credit, made sure we were aware of the committee hearing and assisted in moving it up on the docket so we could make it back in time for the Council meeting being held that night. The last collective bargaining agreement for the school janitors was approved by council, not this one but the previous council, and that approval process will continue with this council with or without the General Assembly’s approval.
2. Requesting a report in the last three years on tickets brought to the Municipal Court, how many are issued, how many paid, how many are dismissed by Councilman Coogan
Councilman Coogan stated it has come to my attention there are a lot of tickets dismissed and it’s unfair that police officers go out there and set speed traps and then the tickets get dismissed. There were 1,093 dismissed. This is also missed revenue for the City.
City Manager Brown stated at this point we don’t know what the breakdown of those tickets are as we are still getting that information.
Councilman Coogan said if they are not paid tickets can double and triple the cost. Failed to appear tickets total 2,000. This is additional missed revenue.
Mayor Larisa stated the amount dismissed are over a three year period. 8,882 were paid, 2,056 failed to appear, I have no idea if that is incredibly high or incredibly low the City would need to compare this to other cities. In the abstract, 8% being dismissed is that high or low?
Councilman Coogan stated he wants to know why they are being dismissed. Why are some people paying for their tickets and others are not.
Mayor Larisa stated these are questions for Judge Rogers who has only been the judge at the Municipal Court over these last few months, but City Manager Brown can make inquiries on this with Judge Rogers. If we can do some additional enforcement on the failed to appear that would be a significant amount of money.
Councilman Coogan stated there are groups coming up here like PAVE asking for a few thousand dollars that we can’t even give them, $500 for the Samaritans Suicide Prevention Hot Line and then there are all these tickets being dismissed.
Chief Paquette came up and discussed the failure to appear and stated the license and registration is suspended by the court. It is a non criminal matter and there is nothing more that can be done other than the court suspending their license and registration and those fees go to the State via the registry.
Councilman Coogan stated that when he sat in on court there were officers from East Providence asking for tickets to be dismissed.
Chief Paquette stated there could be a number of reasons for this.
Councilman Coogan said the people who are being dismissed don’t even show up the police do the explaining for them. The court has not been generating money from the past and if they enforce more of these tickets they might raise some additional funds. I would like to sit down with the City Manager, Judge Rogers and Councilman Cusack.
Mayor Larisa stated that would be a good idea.
Chief Paquette stated if the Municipal Court issued a warrant on a person out of State there is nothing more that can be done until they come back into the State. The notification to the State of Rhode Island is handled by Municipal Court. When they dismiss cases there are a number of reasons, first time offenders who may be dismissed for a good driving record. It is not true that people don’t appear they are there earlier, prosecuting officers meet with them before court and if they are most likely going to be dismissed by the judge they move them along to keep things running smooth and to keep the room from being packed. Then there is the example of a CDL licenses, if they get a ticket they can’t earn a living. They may hold it for 6 months and if no further violations they dismiss it. If there are criminal charges pending DUI or reckless driving and they have motor vehicle violations and if we get them to plea in criminal court we dismiss the violations in Municipal Court. The East Providence numbers are much lower than Johnston 13.61% and Cranston 11.45%, East Providence has 7.71% based upon the number of tickets being issued. On the failure to appear we have no control over that if they don’t show up they have to face the consequences of that. The fines keep going up but we don’t receive those fines at that point because the fines go to District Court.
Councilman Coogan stated a lot of tickets are being dismissed and they should at least pay court costs if they have a CDL or not.
Chief Paquette stated we try to show some type of empathy if they have a legitimate excuse, people do make mistakes and the court is not dismissing cases indiscriminately, we use community service and other options. These are people you represent and you don’t want people feeling as though they are not being considered for a reasonable reason for their actions. The tickets dismissed the night you were there were all or mostly parking tickets not moving violations. If the moving violation is on a person who is involved in criminal activity then we are more concerned with the criminal activity.
Councilman Coogan stated he was concerned about the man with a barking dog complaint who received a warrant. This was frivolous and a warrant for a barking dog is wrong, you should not get arrested for that.
Chief Paquette stated just because there is a warrant doesn’t mean the man will be arrested and held unless it was on the same day as court. These types of warrants are not entered into the same system as far as violent warrants are.
3. Discussion of City cell phones by Councilman Coogan
Councilman Coogan asked to defer this item.
4. Discussion of City Vehicles with vote to remove any personal use of a City vehicle with the exception of the City Manger by Councilman Coogan
Councilman Coogan asked to defer this item.
C. INTRODUCTION OF ORDINANCES
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
CITY OF EAST PROVIDENCE
AN ORDINANCE IN AMENDMENT OF CHAPTER 3 OF THE
REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE,
RHODE ISLAND, 1998, AS AMENDED, ENTITLED “ANIMALS.”
THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:
SECTION I. Subsection (d) of Section 3-63 entitled “Sale or adoption of cats.” of Chapter 3 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Animals” in amended to read as follows:
(d) Prior to release for by sale or adoption, any animal adopted from any animal welfare agency all cats shall be spayed or neutered as early as is medically appropriate, unless the adoptive owner licensed releasing agency obtains a certificate from a licensed veterinarian certifying as to the health reasons for failing to alter such animal or except in certain cases as approved by the Animal Control Supervisor; alternatively the adoptive prospective owner may obtain proof that the spay/neuter and rabies vaccine has been prepaid for at a licensed veterinarian’s office.
SECTION II. This ordinance shall take effect upon its second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
By: Mayor Larisa
Councilman Cusack moves to dispense with the reading of the ordinance, seconded by Councilwoman Perry and it is unanimous.
Mayor Larisa explained this ordinance is being introduced, as East Providence has been a leader in humane treatment of animals and the State followed East Providence’s lead regarding banning the gas chamber and mandatory spay and neuter of cats. This expands that law that anyone selling or adopting a cat has to spay or neuter or have the purchaser pre-pay the spay or neuter and rabies vaccination of the cat. To ensure that cats, which multiply rapidly, won’t be out on the streets reproducing. This does not affect our City Shelter as they are already doing this but rather will affect pet stores and licensed releasing agencies. The Animal Control Officer has approved this. I have one change I don’t see added please add the word certain in front of limited cases.
Councilwoman Perry moves for first passage, seconded by Councilman Cusack and it is unanimous.
Councilman Coogan asked for unanimous consent to comment on an issue he had brought up before. He stated Nuno Bronco was present at the Council meeting and there are still trucks cutting down Anthony Street where Mr. Bronco’s car was hit and totaled.
City Manager Brown stated there was some enforcement done.
Chief Paquette stated there has been enforcement and there have been some violations issued.
Councilman Coogan asked for a report on that. He also asked Nuno Branco if trucks were still cutting through. Nuno Branco stated that Pond View trucks are regularly cutting through. The particular truck that hit his car was a rental Penske truck.
Councilman Cusack stated action needs to be taken regarding Pond View trucks cutting through the narrow streets.
Chief Paquette said signs were posted and area businesses were told that there would be enforcement and they are not to cut through and we instructed Pond View as well.
Councilman Coogan asked if a sting could be set up. Chief Paquette said they did do that and will continue.
Nuno Branco confirmed officers were in fact present citing drivers of trucks cutting through.
F. ADJOURNMENT
A motion to adjourn at 9:33pm is made by Councilwoman Perry, seconded by Councilman Cusack and it is unanimous.
Attest: Approved: May 19, 2009
__________
Kim A. Casci
City Clerk