THE CONSENT CALENDAR

Approval of Council Journals

1. Regular Council Meeting June 16, 2009

2. Executive Session Meeting June 8, 2009

Letters

1. Coastal Resources Management Council July 2009 Calendar

2. Notice of New Property Number 1 Clarke Avenue.

A motion to approve the Consent Calendar with the exception of the Executive Session meeting on June 8, 2009 is made by Councilwoman Perry, seconded by Councilman DiTraglia and on a roll call vote it is unanimous. 

A motion to approve the Executive Session minutes on June 8, 2009 and to keep the Executive Session minutes closed is made by Councilwoman Perry, seconded by Councilman DiTraglia and on a roll call vote it is unanimous. 

APPOINTMENTS

A. Personnel Hearing Board

      Patrick Caine, 4 Drowne Parkway (02916)

A motion is made to approve by Councilman Cusack, seconded by Councilwoman Perry and on a roll call vote it is unanimous. 

LICENSES NOT REQUIRING PUBLIC HEARING

A.Vict/Not Over 25

Maximum Nutrition, 613 Waterman Avenue (02914)

Dawn Picotte, 22 Glenwood Avenue, Pawtucket RI, 02860

Requesting licensing approval pending health inspection to open business which is vitamin supplements and shakes at a healthy shake bar. 

A motion to approve is made by Councilman Coogan, seconded by Councilman DiTraglia and it is unanimous.  

PUBLIC HEARING

A.Zoning Map Amendment

Rezoning Request for 15 Cross Street (02914)

Advertised Providence Journal – July 1, 8 &15 2009

Notices Sent by Certified Mail – 6/15/09

Rezoning – recommendation for requested zoning map amendment requested rezoning from R-6 to C-5 and portion of lots 27 & 28 from C5 to R6

Petitioner: Armstrong Properties, LLC (Munroe Dairy)

Change to: C-5 and portion of lots 27 & 28 from C5 to R6

Lot: Map 106 Block 2 Parcel 27 and Map 106 Block 2 Parcel 28

Location:15 Cross Street

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

            CITY OF EAST PROVIDENCE

            CHAPTER 484

            AN ORDINANCE IN AMENDMENT OF CHAPTER 19 OF THE REVISED

            ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND

            1998, AS AMENDED, ENTITLED “ZONING.”

            THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:

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

A portion of Parcels 27 and 28 on Assessors Map 106, Block 2 presently located in a Commercial 5 District are hereby changed to be included in a Residential 6 District.

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

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

Requested by:  Planning Department

Martin Slepkow representing Armstrong Properties, LLC.  Angelo Ferrari from Geiser Engineering Corporation, Rob Armstrong the Owner, Andrew Yargin who is the General Manager of Munroe Dairy and John Vile from Munroe Dairy. 

The petitioners explained Munroe Dairy is the longest operating facility in East Providence founded in 1881.  The business currently employees 62 mainly East Providence residents.  They are asking for an administrative subdivision, a zone change and a highway abandonment.  The administrative subdivision has been granted by the Planning Board. They wish to construct a new building for vehicle storage and maintenance and to allow a change in the zone lines, less than 3,000 square feet allowing the residential structures to be in a residential zone and the commercial structures to be in a commercial zone. They are requesting Council approval of the zone change and highway abandonment.  They added Planning has stated it is consistent with the City’s comprehensive plan and the highway as serving no public purpose.  The present garage is from the 1880s, the trucks today are twice the size and there just isn’t enough room there. They stated they have no plans on leaving the City of East Providence.  There is a house located on the property which they would like to remain there but be listed as residential to conform with zoning.  They would like access to the property from Cross Street, the highway abandonment is a dead end and people mistakenly take that turn only to end in the parking lot and have to turn around.  It will be blocked off by a security gate with arrangements with the fire department.  The other side already has a gate and a lock box from a previous abandonment. There will be a sign that reads not a public thruway.  Fire lanes will be put in as requested.  The pavement will be maintained and painted clearly as fire lanes. 

Anthony Shepard 40 Grasmere Lane came forward to speak and asked if the neighbors in the area had been surveyed and what happens to the West end of Cross Street where it connects?

The response was that neighbors had been notified and the highway abandonment does not affect Cross Street. 

Mayor Larisa added thanking Munroe Dairy and stating the Council was glad to hear of their plans to stay in East Providence and the changes they are investing to make it work in their location.  Everything in the request is in order. 

Councilman Cusack stated this is an example of the City trying to be business friendly and encourage great corporate citizens like Munroe Dairy to stay here.   The Council wants to encourage business and thanked them for the thorough presentation.

Councilman Coogan added his thanks as well for staying in East Providence.

A motion to approve the recommendation of the Planning Department to grant the zone map amendment change requested is made by Councilman Coogan, seconded by Councilman DiTraglia and it is unanimous.  

Highway Abandonment-North Brow Street

Petition for Highway Abandonment on North Brow Street from Cross Street southerly to land of Armstrong Properties, LLC (Munroe Dairy)

Petitioners:  Armstrong Properties, LLC (Munroe Dairy)

Attorney:  Martin Slepkow 1481 Wampanoag Trail (02915)

Advertised East Providence Post –July 3, 10 & 17 2009

Notices sent to Utility Company 6/26/09

Notices served on Abutters 6/26/09

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

            CITY OF EAST PROVIDENCE

            RESOLUTION NO. 18

            ABANDONMENT OF NORTH BROW STREET

WHEREAS, the City Council of the City of East Providence deemed it necessary to abandon North Brow Street from Cross Street southerly to land of Armstrong Properties, LLC (Munroe Dairy) as shown on a recorded plat of land entitled “Proposed Abandonment of a Portion of South Brow Street by Geisser Engineering Corp.” and on Tax Assessor’s Map 105 and 106 dated December 31, 2008 situated in East Providence, County of Providence, State of Rhode Island.

WHEREAS, said petition, having been duly advertised and all interested parties duly notified in accordance with law, and after public hearing held on July 21, 2009:

It is hereby ORDERED, ADJUDGED, and DECREED that North Brow Street from Cross Street southerly to land of Armstrong Properties, LLC (Munroe Dairy) as shown on a recorded plat of land entitled “Proposed Abandonment of a Portion of South Brow Street by Geisser Engineering Corp.” and on Tax Assessor’s Map 105 and 106 dated December 31, 2008 situated in East Providence, County of Providence, State of Rhode Island, described as follows:

Beginning at a granite bound at the intersection of the southerly line of Cross Street and the easterly line of North Brow Street, thence proceeding southerly in the easterly line of North Brow Street a distance of two hundred twenty-eight and 30/100 (228.30) feet to a granite bound at land now or formerly of Armstrong Properties, LLC,

thence turning an interior angle of 90°48'00" and proceeding westerly, bounded southerly by land of said Armstrong, a distance of fifty and 00/100 (50.00) feet to granite bound,

thence turning an interior angle of 89°12’00" and proceeding northerly in the westerly line of North Brow Street, bounded westerly in part by land now or formerly of Cement Holdings and in part by land of said Armstrong, a distance of two hundred twenty-nine and 00/100 (229.00) feet to a granite bound,

then e turning and interior angle of 90°00'00" and proceeding easterly a distance of fifty and 00/100 (50.00) feet to the granite bound at the point and place of beginning, there forming an interior angle of 90°00'00" with the first described course.

Said parcel of land contains 11,432 square feet of land be the same more or less. Said parcel contains a dedicated 10' fire lane, a 10' wide electric easement and a 20' wide sewer easement, all of which lie along the entire length of the parcel in a north to south direction.

Said abandoned road parcel containing 11,432 square feet of land and is shown on a plan entitled, “Proposed Abandonment of a Portion of South Brow Street by Geisser Engineering Corp.” and on Tax Assessor’s Map 105 and 106 dated December 31, 2008 be and is hereby abandoned as a public highway by reason of the fact that North Brow Street from Cross Street southerly to land of Armstrong Properties, LLC (Munroe Dairy) as shown on a recorded plat of land entitled “Proposed Abandonment of a Portion of South Brow Street by Geisser Engineering Corp.” and on Tax Assessor’s Map 105 and 106 dated December 31, 2008 situated in East Providence, County of Providence, State of Rhode Island as hereinabove described has ceased to become useful to the public.

It is further ORDERED, ADJUDGED, and DECREED that after due appraisal, it is determined that there is no damage sustained by the abutting property owners by reason of said abandonment, and, therefore, no award of damages shall be made; and

It is further ORDERED, ADJUDGED, and DECREED that the Director of Public Works be directed to cause signs to be placed at each end of said abandoned highway as hereinabove described, having thereon the words “Not a Public Highway”; and

It is further ORDERED, ADJUDGED, and DECREED that after entry of this decree the City Clerk shall cause notice thereof to be posted in a newspaper published in Providence County, and that further and personal notice be served by the City Sergeant upon every owner of land abutting upon said North Brow Street as hereinabove described who is known to reside within this state.

A motion to approve is made by Councilman Coogan, seconded by Councilman DiTraglia and on a roll call vote it is unanimous. 

NEW BUSINESS

A. CITY MANAGERS REPORT

            1. Weaver Library Renovations

City Council prequalified a number of vendors for the Weaver Library Renovation, we were originally given an estimate of $528,647.  The City was optimistic that in a down economy we were going to be able to greatly stretch the dollars.  Upon receiving bids our response was a little disappointing.  The bids were slightly higher than anticipated the original low bid was $615,900. The Library staff, the Library Board of Trustees and the Architects brought the bid down to $538,000.  They have recommended that in addition they add back in some items they thought were appropriate from the original design the total would be $574,780.  City Manager Brown asked Council approval for an award to Bazuko Construction for the amount of $574,780 this is all to be paid for with existing funds from State monies. 

A motion to approve is made by Councilwoman Perry, seconded by Councilman Cusack and it is unanimous. 

            2. Property purchase for 28 and 78 Anthony Street

The City Manager stated he received an email from Council relaying a constituent concern regarding deteriorating properties due to foreclosures on Anthony Street.  The Community Development Block Grant Coordinator had been in the process of having discussing regarding properties on Anthony Street to stabilize them, one would be a property being acquired by the State of Rhode Island as part of their land bank program the other property is one the City would actually acquire on their own using Community Development Block Grant Neighborhood Funds to redevelop those properties.  These properties would be rehabilitated with the idea of being affordable housing and they would be marketed and conveyed to homeowners who would occupy those homes.  The City believes they can do much better than break even on these.  We are looking for Council approval to proceed with the acquisition of these properties. 

David Bachrach was called up to explain further. 

78 Anthony Street would come from RI Housing Authority and 28 we would acquire through a foreclosure.  The City shares in the renovation costs with the State.  The State is using the Neighborhood Stabilization Federal Program and we are entitled through the State to utilize these funds.  The money generated would go back to fund our City Housing Program for additional affordable housing.  The City Manager added it’s a good monetary deal for the City and it is very important to stabilize the neighborhood as well.  In tracking foreclosures in the City, these two properties are being reabsorbed but have been on the market for over a year and they are very close to each other.  The intent to sell them would go through public service programming using a lottery type process from that pool.  There is some leeway in determining the disposition which is for East Providence residents only.

Councilman Coogan objected to the City being in the real estate business but due to the hazardous situations surrounding these properties he feels it’s a good idea. 

A motion is made to approve the recommendation by Councilman DiTraglia, seconded by Councilman Coogan and it is unanimous.  

            3. Disposition of surplus state land, plat 1439 area B, parcels 611 & 612 Pawtucket Avenue (02914)

This stems from the construction of the new Stop and Shop on Pawtucket Avenue the State is required to solicit from us to see if we would like to purchase.  When this went through the Planning Department the recommendation was not to consider purchasing.  The developer does have an interest, it would help the drainage plan for the site itself and any easement the City might need we would still be able to obtain.  The action we would need to take is to let the State know we have no interest and I would ask Council approval of that. 

Councilman Cusack asked what the price was the answer was $1.65 per square foot.  Why not pay the smaller amount and sell it to the purchaser at the amount he is willing to pay?  The City Manager stated the cleaner thing was to just stay out of the sale and added it is wetlands.  There is no difference in price.  Councilman Cusack stated there are large granite stones that have been deposited there by DOT.  Can they be made into curbing?  The answer was that currently the blocks belong to DOT.

A motion is made by Councilman Coogan to accept the City Managers recommendation, seconded by Councilman DiTraglia and on a roll call vote it is unanimous.

            4. Solid Waste and Recycling Bid Award

The City prequalified vendors for solid waste and recycling.  The City received responses from three of them and the City looked at as an alternative going to an automated system, one vendor is significantly cheaper but would require an outlay upfront of over $2.2 million.  The City is recommending that the contract be awarded to MEGA Enviro MTG Disposal, the amount is $2,108,827 and it is a one year agreement with the option to renew for 5 consecutive years.  This is about 5% less than our current cost.  Steve Mutter was called up to elaborate. 

Resource Recovery is moving to a single stream recycling program and all recyclables can go into one container and be sorted at the facility.  At that point we might be able to move to the automated system then.  Steve Mutter stated that the bid which was submitted for automatic collection was extremely competitive and he told them that perhaps in a couple of years with the Resource Recovery change over the City would be ready then.

Councilman Cusack stated for the record that for now the City would continue with collection as it always has but in the future the City will be looking at automatic collection, large covered barrels, colors to reflect the pickup alternating each week.  This is done using a mechanical arm.  Councilman Cusack quoted Steve Mutter’s report stating it is the most efficient and practical way eliminating the problem of litter, thrown and broken containers, animals disrupting the material at the curb and residents piling excessive amounts of trash at the curb. We have had complaints regarding things blowing around etc…and we are addressing it and hope to move to this system soon when the timing is right. 

Steve Mutter added the contract calls for a cost of living adjustment and it can be moved on an annual basis based on that, we negotiate that but they are obligated to stay with the contract, we terminate 90 days in advance they terminate 120 days in advance.   

A motion to approve is made by Councilman Coogan, seconded by Councilman Cusack and it is unanimous. 

Steve Mutter added that Council will see Addendum #1 which is a $50 fee for every bedding material submitted to Resource Recovery as of July 1.  We would like the possibility of awarding that contract on a separate basis.  In the past we were charged for mattresses only on Tuesdays and Thursdays. We don’t have any figures as of July 1 on how many mattresses we are collecting.  We do not presently charge.  If you bring them in separately for recycling Resource will charge only $15 to try to get people to recycle otherwise it’s a $50 per mattress charge.  There would be a pass off charge of $15 to residents but we would be paying around $12,000 for the company to collect them. 

The motion was amended to:  Include the Addendum up to $12,000 to award at the discretion of Mr. Mutter and Mr. Brown, a motion to approve is made by Councilman Coogan, seconded by Council Cusack and it is unanimous.

A motion is made to change the order of business to move a block party up on the docket by Councilwoman Perry, seconded by Councilman Cusack and it is unanimous. 

3. Dean Ventre and Roger Morrell, 16 Outlook Avenue (02914) requesting to address the Council regarding a Block Party to be held on August 22 from 4:00pm-11:00pm blocking off Outlook Avenue from Hawthorne to Brightridge. 

The applicant was not in the audience. 

A motion to continue was made by Councilman Cusack, seconded by Councilman DiTraglia and it was unanimous. 

The City Clerk was instructed to contact the applicants and let them know to return for the next Council meeting which would still be before their event.

A motion to return to the regular order of business is made by Councilman DiTraglia, seconded by Councilman Cusack and it is unanimous. 

REPORTS FROM OTHER CITY OFFICIALS

1.      Michael Bartlett, Tree Warden, presentation on an invasive species, Asian Longhorned Beetle. 

The Department of Environmental Management instructed all Tree Wardens to make a public presentation and disseminate information to the public on the dangerous threat the Longhorned Beetle poses to the United States.  He exhibited a power point presentation on these dangers.  This beetle has been located only 40 miles away from the City of East Providence.  The Presentation addressed the insect’s potential impact on the City as well as New England, of particular concern is made for the Maple Syrup Industry.  The beetle has surfaced in MA.  Any tree infected (and surrounding trees) must immediately be chopped up and burned.  It has devastated the landscape in certain regions.  It particularly likes Sugar Maple Trees which could have a devastating effect on the Maple Industry not to mention the landscape in Cities, Towns and Counties around the Country some infected areas have lost up to 80% of their tree canopy.  Additionally, this type of vast tree reduction affects wildlife and home resale value.  If any resident sees the Asian Longhorned Beetle or the trail of destruction exit holes it leaves on a tree they must contact the City or DEM immediately.  There are no known cures for the beetle though research is focused on a bacteria which may be used to attack the insect.  It came to the United States via packaging pallets from Asia.  Firewood is the quickest way to spread the beetle from place to place and therefore firewood should not be bought and transported from outside of your immediate area. 

   2. Steve Coutu, Director of Public Works, approval of handicap parking sign, 33 Belmont Street (02914).

A motion to approve is made by Councilman DiTraglia, seconded by Councilman Cusack and it is unanimous.

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

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

                                    EAST PROVIDENCE CLAIMS COMMITTEE

                                              CLAIMS & LITIGATION REPORT

                                             JULY 21, 2009, 7:00 P.M., ROOM 101

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

                                                                 NEW CLAIMS

LUCIA R. DaLOMBA                                                                                                         $368.20

RM No. 09-054, Claim No. 09-034

Claim for reimbursement of expenses incurred as a result of a water backup allegedly caused by roots from a City tree.  See recommendation of the Director of Public Works.

Book 27                                                                                                                      Page 234

Motion by:  Councilman DiTraglia                             Seconded by:  Councilwoman Perry

Motion:  Approve the claim in the amount of $368.20.

CLAIM FOR RECONSIDERATION

NABIL RASHID                                                                                                                $2230.00

RM No. 09-047, Claim No. 09-028

Claim for property damage to vehicle sustained when branches from a City tree fell on top of claimant’s vehicle.  The Claims Committee voted at its meeting held on June 2, 2009 to deny the claim.  Claimant is asking for reconsideration.  See claimant’s letter and memorandum from the Assistant Superintendent of Parks.

Motion by:  Councilwoman Perry                               Seconded by:  Councilman DiTraglia

Motion:  Defer the claim to the August meeting.

LITIGATION

MICHAEL J. DAMIANI V. CITY OF EAST PROVIDENCE ET AL

United States District Court for District of Rhode Island

Oral Status Report.

Continued from June 22, 2009 Claims Committee meeting.

Motion by:  Councilman Coogan                                Seconded by:  Councilman Cusack

Motion:  Approve proceeding to mediation subject to final approval by the City Council.

A motion is made to accept the Claims Committee Report is made by Councilwoman Perry, seconded by Councilman Cusack and it is unanimous.

C. COUNCIL MEMBERS

1. Fighting the good fight.  Economic Justice for EP Taxpayers and Union Demands.  by Mayor Larisa

The future of our City depends on the resolution of the teacher’s union suit in favor of the tax payers.  The legislation to continue contracts indefinitely was attempted to be placed in the state budget.  This almost succeeded and is why we all have to be vigilant.  Senator DaPonte and Senator Devall passed a bill in the Senate with the intent of ending the lawsuit.  The City is not bringing suit but rather defending itself against both the teacher union and police union suits.  If the City loses the suit it will mean either a double digit tax increase or bankruptcy, there is no other money, East Providence does not have a rainy day fund. State Government is telling us to tighten our belts then cuts all of our aid and with 75%-80% percent of our costs being personnel which the legislature won’t allow us to touch this includes salaries, benefits and mandates.  The City is still waiting to meet any place any time to get the $3 million in savings from the teacher’s union.  We need our delegation members to understand how serious this situation is.  If this bill passes the courts may rule that since our case is already pending it will not be affected.  But we don’t know that and until we are safe from bankruptcy I have paid for and made up my own sign because there is not going to be a 10% tax increase and this sign will be up here every Council meeting until the situation is settled.  We will declare bankruptcy before a double digit tax increase happens. 

Councilman Cusack added that there is no doubt that this bill is aimed right at the City of East Providence to go after the law suit which is pending and stated he supports the unilateral implementation to save the funds needed to balance the budget.  Adding Senator Devall pledged to represent all of the citizens and instead has chosen to support one special interest. 

Mayor Larisa asked that the legislative contact information be placed on the City’s Website.  Eighteen of the municipalities so far this year have raised taxes above 4%.  North Providence had a 17% tax increase. He added, economic justice dictates we do not do that here to justify expenditures for items which shouldn’t be there such as a 0% health care co-share. 

A motion is made to change the order of business to discuss the resolution in opposition to S0713 and H5762 by Councilman Cusack, seconded by Councilman Coogan and it is unanimous.

Resolutions

Resolution in Strong Opposition to S0713 and H5762 and Request for Legislative Support

State of Rhode Island and Providence Plantations

City of East Providence

RESOLUTION IN OPPOSITION TO S0713 AND H5762

WHEREAS, the State of Rhode Island is discontinuing all financial aid to Cities and Towns, thus causing deficits and large property tax increases in municipalities in our State; and

WHEREAS, the General Assembly has refused to adapt any of the cost saving measures (e.g., mandatory 25% co-pay and elimination of minimum manning laws)  requested by East Providence and other communities; and

WHEREAS, both actions have contributed to East Providence now facing its worst financial crisis since becoming a City over 50 years ago; and

WHEREAS, the East Providence School Committee, supported by the City Council, in January took unilateral action after the expiration of the existing teacher contract to balance the school department budget by, inter alia, undoing prospectively a 5% pay increase, increasing a health insurance co-pay from 0% to 20%, and ending so-called healthcare “buybacks” that paid teachers $5,100 for not using City healthcare – which measures will save taxpayers over $3 million every year; and

WHEREAS, the State has not increased local education aid to pay for increased school costs and refused to undo any school mandates; and

WHEREAS, without these essential cost saving measures, the City would be forced into at least a 10% property tax increase, the largest in our history or municipal bankruptcy; and

WHEREAS, two bills before the General Assembly, S0713 and H5762 would cause an expired teacher union contract to continue in perpetuity, thereby prohibiting school committees from taking action to balance their budgets at the end of a teacher contract; and

WHEREAS, S0713 has passed the Senate with the support of both East Providence Senators and is pending action in the House; and

WHEREAS, the property taxpayers are already paying the maximum 3.5% property tax increase and with other essential expenses and high unemployment  are reaching a breaking point, with many homeowners facing possible foreclosure; and

WHEREAS, the East Providence City Council and School Committee strongly believe that this legislation is terribly harmful to the City and its residents; and

NOW, THEREFORE, BE IT RESOLVED, that the City Council of East Providence expresses to its Senate and House delegations, the General Assembly as a whole and the Governor its strongest possible opposition to the pending legislation and requests that this Resolution be transmitted to each of them and the General Assembly leadership forthwith.

Mayor Larisa asks the City Clerk to send a copy of this resolution to all members of the delegation, the Speaker of the House, the Senate President and Governor Carcieri. 

A motion is made to pass the resolution by Councilman Coogan, seconded by Councilman Cusack and on a roll call vote it is unanimous. 

A motion to return to the regular order of business is made by Councilman Cusack, seconded by Councilman Coogan and it is unanimous.

2. New Date for August Meeting.   by Mayor Larisa

Two ordinances requested by the Finance Director Jim McDonald require second passage before the August 18^th Council meeting date. 

A motion is made by Councilman DiTraglia to change the Council meeting date from August 18th to August 11^th, seconded by Councilwoman Perry and it is unanimous.

Councilwoman Perry asks for unanimous consent to announce a free program sponsored by the Carousel Commission for this Friday, movies in the park, the movie will be Night at the Museum, it will begin at dusk on the Carousel grounds bring a chair and/or blanket. 

D. INTRODUCTION OF ORDINANCES

1. STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

            CITY OF EAST PROVIDENCE

            CHAPTER 

            AN ORDINANCE IN AMENDMENT OF CHAPTER 6 OF THE

            REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE,

            RHODE ISLAND, 1998, AS AMENDED, ENTITLED

            “GARBAGE AND REFUSE.”

Councilwoman Perry moves to dispense with the reading of the ordinance, seconded by Councilman DiTraglia and it is unanimous.

            THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:

SECTION I.  Subsection (4) entitled “Miscellaneous items” of Section 6-39 entitled “Recyclable materials established” of Article IV entitled “Recyclables” of Chapter 6 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Garbage and Refuse” is amended by adding thereto the following:

c.  Mattresses, box springs and other bedding materials.  All residential bedding materials such as mattresses, box springs or other items with similar characteristics as determined by the director of public works shall be collected by the municipal refuse collection contractor as scheduled by the public works department and separated to be recycled at the Rhode Island Resource Recovery Corporation facility.

SECTION II.  Article IV entitled “Recyclables” of Chapter 6 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Garbage and Refuse” is amended by adding thereto the following:

            Sec. 6-47.  Mattress, box spring, bedding material collection fee.

            The fee for collection of a mattress, box spring or other bedding material, as defined in section 6-39, is hereby fixed at $15.00 dollars for each item.

SECTION III.  This ordinance shall take effect upon its second passage and all ordinances or parts or ordinances inconsistent herewith are hereby repealed.

Requested by:  Director of Public Works

Councilman DiTraglia asked how much the City spends each year bringing mattresses to the dump.  Steve Mutter came up to answer any questions and stated they bring 30-40 mattresses per month.  Previously Rhode Island Resource Recovery was charging $15 each mattress and now they will be charging $50 each in an effort to promote recycling by bringing the mattresses all at one time to the facility. 

Most companies selling mattresses offer free removal.  This ordinance mainly focuses on people who are just moving out and leaving everything behind or that are throwing out a mattress and have no immediate plans to get a new mattress.  If we had a transfer station we would need a separate license from DEM to do that, we would need the storage place and we would need a way to keep them covered and a large enough dumpster to keep them in to haul over to Resource Recovery.  If we grind them ourselves we would need special equipment that might run as high as $100,000.  This ordinance is just a means to offset the City’s disposal costs. 

Councilman Cusack stated it is another user fee but we do have costs associated with the mattress pick up and although I don’t like adding another fee I see the necessity. 

A motion for first passage is made by Councilman Cusack, seconded by Councilman Coogan and it is unanimous. 

2. STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

            CITY OF EAST PROVIDENCE

            CHAPTER

            AN ORDINANCE IN AMENDMENT OF CHAPTER 5 OF THE

            REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE,

            RHODE ISLAND, 1998, AS AMENDED, ENTITLED

            “FIRE PREVENTION”

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 requests the City Clerk to look into returning to the one line explanation of each ordinance. 

            THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:

SECTION I.  Sec. 5-31 entitled “Inspection of nonresidential structures and dwelling generally” of Article II entitled “Inspections, Compliance and Violations of Fire Safety Code” of Chapter 5 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Fire Prevention” is amended as follows:

E. COMMUNICATIONS

1.Anthony Shepherd, 40 Rosemere Drive (02914) requesting to address the Council regarding the use of grant money to create Rhode Island jobs and allowing public participation.

Mr. Shepherd asked what Barrington’s Contribution to the Wastewater Bond is? The City Manager responded it is based on flow and the City is estimating that at around 20%.  Jim McDonald responded that these are revenue bonds that we are responsible for, Barrington should be paying the 20%, our side agreement with Barrington is not going to relieve us from raising enough money to pay the bonds.  Any surplus which can be used will go to offset the long term deficit in the wastewater fund that still hasn’t been paid off. 

Mr. Shepherd asked about the funds coming for the Hunt’s Mill project regarding the construction services bid coming from New Hampshire and questioned why we can’t use a Rhode Island company.  Mayor Larisa explained that the law is that they go with the low bidder, it works both ways a Rhode Island company can bid in New Hampshire and be awarded as a low bidder.  The savings going with the low bidder was $50,000. 

Mr. Shepherd spoke about the public comment policy which requires comment on something that has already been passed is not useful, a person should be able to speak at the time the Council is discussing the topic.  Mayor Larisa responded that there is no more open policy for speaking in the State than there is at the City Council meetings in East Providence.  This policy has been in place for a very long time. There is a two passage process for ordinances with the second passage being open to the public as a public hearing.  By unanimous consent the Council can grant anyone to speak at any time and the Council has no issue with that. 

2. Bruce Rogers, (need address) requesting to address the Council as an update on the Jones Pond project. 

Mr. Rogers stated the committee was incorporated as a non-profit corporation and has had various meetings over the last seven months. Landscape Architect Wil Gates designed a plan for what is now being called Tranquility Place at Jones Pond.  The committee unanimously approved the plan. 

Wil Gates came forward to present the plan.  A plan was presented showing walking paths, new plantings and design around the pond, a floating small dock, band shell/gazebo, flag pole, nature walk, benches and an amphitheater/pavilion.  Clearing and cleanup has taken place by the committee, volunteers and Parks and Recreation Department.  This is a community park and an extension of Pierce Field.  A memorial terrace is planned where ceremonies can be held and blocks can be purchased and engraved, this terrace will look over an aerating fountain in the pond.  Additionally there would be a small parking lot made of a pervious material which will fit about 19 cars.  There will be a small float dock with paddle boats which can be used for canoes and kayaks as well.   The flood overflow area will have to remain and covered with blocks so it can take on the water when necessary, adding some checker/chess tables and other tables which can be used for picnicking.  The plan may eventually get into some lighting if it is acceptable to the community and if there are funds.  It will be a completely accessible park.  The cost would be covered by a combination of grants and volunteer work. 

Mr. Rogers came back up and let the Council know they were very pleased with Wil Gates’ plan for the area. He also added, John Robello let the committee know there are 3 flag poles as a memorial to three men  from East Providence who died in the Vietnam War and the plaques are not in a very accessible area and can’t be seen from the road and they would like to consider moving them to Tranquility Place at Jones Pond.  Benches, trees and blocks can all be used to raise donation by placing plaques from those who donated on or in front of the items and these can be added as things move along.  Alba Curti from the Recreation Department suggested a grant via the Levitt Foundation for the amphitheater/pavillion. Jeanne Boyle and David Bachrach from Planning have offered assistance with this grant. 

Mayor Larisa stated absolutely the City can assist with these plans it’s a beautiful concept and added you may want to get a 501(c) (3) for grant purposes and for donations. 

Mr. Rogers said they are forming a website now.  Mayor Larisa instructed the City Clerk to take calls from those interested for now and get that information to Mr. Rogers.  The State has unused granite blocks being stored on State land in East Providence and we could request those blocks for the project.  Mayor Larisa asked the City Manager to look into this matter with Councilman Coogan.  Mayor Larisa added Director Boyle stated the project might qualify for a 90/10 grant and she will look into it for the next round of DEM grants. 

Mr. Rogers continued that David Bachrach had mentioned a youth program via the Boys and Girls Club and they can do clean up.  There is additional brush that needs to be taken down, Mike Bartlett said some of the areas need heavier equipment and the State has this equipment and perhaps as has been done in the past they can work with the State to get this done.  They would like to approach the art departments in the East Providence Schools to create a logo/artwork for the park.  The next meeting is Thursday, August 6^th and they are looking for new members.  The project in total will be about $500,000-$750,000 but it is broken up into phases so it can be completed in parts. 

Councilwoman Perry stated she was excited to see the renderings and anything with Mr. Gates’ work on it will be very impressive.  Jones Pond was put there as a retention pond for Pierce Field and the water level, particularly recently, there have been problems with flooding in that area, how is that going to be handled? 

Mr. Rogers stated porous materials would be used in the areas where flooding would happen, which would actually absorb some of that, the area only floods a few times a year.  Mr. Gates added that this was correct and that the design just simply has to allow for that and accept that it will from time to time flood and proper materials will have to be chosen keeping in mind the purpose of the pond.  There is a wall which may need repairs but as the water naturally goes down in the summer months those repairs can be made. Mr. Rogers added the center of the pond is about 6 feet deep and in his memory it has never dried up completely and the drying occurs only at the ends of the pond and only for a few weeks in the summer.  The wall is only deteriorated in a couple of areas.  Two days after the cancelled the fireworks the City could have shot them off. 

Councilwoman Perry asked if a parking area could be put on the Lyon Avenue side. Mr. Rogers added probably not. The proposed parking lot area is a mess and the parking lot would be an improvement compared to what goes on there now, bottles and used needles etc…it is actually more contusive for Police Officers to see what is going on there.  There is also parking at Pierce Field if a concert or other event is going on, the fire pits on the water was not the main goal but just one idea of what to have, there is  disabled access at this planned parking lot and so some space will be needed for that.

Councilman Coogan thanked former Mayor Bruce Rogers and former Councilman Wil Gates who have put in many, many hours dedicating their time.  Mr. Gates has donated his time and he is one of the best architects in the State.  Meetings are held in Conference Room A, first floor, at City Hall.  The pond can be treated for mosquitoes and with the pond not being stagnant there won’t be any mosquitoes.  When walking that ward there were people who asked for this area to be cleaned up and to stop the bad things going on around the pond area. 

Jeanne Boyle added it looks like a good passive recreation use and a good adjunct to the Pierce Field Complex.  If the is funding available through DEM, passive recreation and active recreation programs this would score pretty well under the passive recreation program and we have been successful in getting funding for Rose Larisa Park, Freedom Green and Hunt’s Mills project.  This will be a 90/10 split with 10% coming from the City.  Jones Pond does have some historic aspect to it and we have photos from the past we could provide.   A phasing plan would need to be in place.  A program funded at the $150,000 level would be a good place to start as that is the maximum you can ask for $165,000 would be the total with the additional 10% from the split.  There is a memorial pond in Johnston where they use competitive mini power boat races which may be another use for the pond.  Activities for all age groups are here which is good for DEM grants.  The disabled access will have to be reviewed, there is a steep slope and that will have to be rechecked.  It looks like a great conceptual plan.  There is no comparison to what is there now which is really just a retention pond.  The 10% can also be raised if the committee so decides, it just has to be from another source other than DEM. 

Mr. Rogers stated that Joe Medeiros who supervises Pierce Field felt as though he had the time to maintain that area as part of the upkeep of Pierce Field, they do have to go there now cleaning up and this may be less work with the completed project. 

F. ADJOURNMENT

A motion to adjourn is made at 11:40pm by Councilman DiTraglia, seconded by Councilwoman Perry and it is unanimous.   

                                                                                    Approved:  September 1, 2009

Attest:

__________

Kim A. Casci

City Clerk