CITY OF EAST PROVIDENCE   RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING Tuesday, April 6, 2010 6:45pm Executive Session 7:30 PM Regular Meeting

 

 

I.       CALL TO ORDER

7:30 PM Meeting called to order on April 6, 2010 at Council Chambers, City of East Providence, East Providence, RI.

 

II.     INVOCATION

III.    SALUTE TO THE FLAG

IV.     TO APPROVE THE CONSENT CALENDAR

All items under CONSENT CALENDAR are considered to be of a routine and noncontroversial nature by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council member so requests, in which event, the item will be removed from the CONSENT CALENDAR and will be considered in its normal sequence on the docket.

 

A.      Letters

1.   Coastal Resources Management Council, Cease and Desist Order, Stone Gate Condominium Association for unauthorized clearing within 200 feet of coast.

2.   Notice of Property Number Change, 977 Waterman Avenue to 939, 945, 965. 971. 975 Waterman Avenue, 10 units Map 507 Block 04, Parcel 001.00.

3.   Resolution from the Town of Newport Town Council encouraging the return of the 34th America’s Cup Challenge to Newport.

4.   Resolution from the City of Cranston City Council urging members of the General Assembly to enact legislation establishing a “Blue Alert” program in RI.

5.   Resolution from the City of Cranston City Council encouraging the return of the 34th America’s Cup Challenge to Newport.

6.   Resolution from the Town of East Greenwich Town Council opposing binding arbitration for teachers.

7.   Resolution from Town of East Greenwich Town Council opposing binding arbitration for municipal workers S2603.

8.   Resolution from the Town of East Greenwich Town Councila encouraging the return of the 34th America’s Cup Challenge to Newport.

9.   Resolution from Town of Portsmouth Town Council in support of RI House Bill 7014 - Bridge Safety.

10.      Coastal Resources Management Council proposed change to the Administrative Procedures Act, comments to be submitted by April 27, 2010.

B.      Class F-1 License

1.   St. Francis Xavier, Fundraiser, 81 North CArpenter STreet (02914), April 10, 2010

C.      Holiday Sales

1.   Rhode Island CVS Pharmacy, LLC DBA CVS/Pharmacy #7387, 63 Newport Avenue (02916)

2.   Bettencourt, Sandra DBA Sandra’s Meat Market, 1024 South Broadway (02914)

D.      Holiday Sales Transfer

1.   Super Dairy Farm, Inc. 2775 Pawtucket Avenue (02914)

E.       Vict/Not Over 25

1.   Ai Lin Chen DBA New China 656 Bullocks Point Avenue (02915)

F.       Vict/Not Over 25 Transfer

1.   Rodrigues Wholesale & Retail Meats, Inc. DBA Rodrigues Wholesale & Retail Meats to Bettencourt, Sandra DBA Sandra’s Meat Market, 1024 South Broadway (02914)

2.   Super Dairy Farm, Inc. 2775 Pawtucket Avenue (02914)

G.      Council Journals

1.   Regular Council Meeting March 16, 2010

V.      LICENSES Requiring Public Hearing

1.   Sec/Autos & Trucks

2.   Motion To:         DeCarvalho, Jose J. DBA J.C. Auto Repair/sales, 111 Warren Avenue 902914)

VI.     PUBLIC HEARINGS

A.      Ordinances Final Passage - Public Hearing

1.   Motion To:         A motion to dispense with the reading of the oridinance

2.   Motion To:         The Following Ordinance provides for the removal of a one way Sign on Dorr Avenue (westbound) from Arnold Street to Smith Street During the hours of 8:00am t0 9:00am and 2:00pm to 3:00pm, school days.

COMMENTS - Current Meeting:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

CITY OF EAST PROVIDENCE

AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE

REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE,

RHODE ISLAND, 1998, AS AMENDED, ENTITLED

VEHICLES AND TRAFFIC

THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:

SECTION I.  Section 18-247 entitled Designation of one-way streets of Article VIII entitled One-Way Streets of Chapter 18 entitled Vehicles and Traffic is amended by deleting there from the following:

Dorr Avenue (westbound) from Arnold Street to Smith Street during the hours of 8:00 a.m. to 9:00 a.m. and 2:00 p.m. to 3:00 p.m., school days.

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

 

Requested by:  Director of Public Works

3.   Motion To:         Dispense with the reading of the ordinance.

4.   Motion To:         The following ordinance provides for removal of a no parking sign on Dorr Avenue (southside) from Arnold Street westerly 78 feet, school days, between 8:00am and 3:00pm.

COMMENTS - Current Meeting:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

CITY OF EAST PROVIDENCE

AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE

REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE,

RHODE ISLAND, 1998, AS AMENDED, ENTITLED

?VEHICLES AND TRAFFIC?

THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:

SECTION I.  Subsection (b) of Section 18-302 entitled “Parking” adjacent to schools prohibited when signs are erected of Article X entitled Stopping, Standing and Parking of Chapter 18 entitled ?Vehicles and Traffic is amended by deleting there from the following:

Dorr Avenue (south side) from Arnold Street westerly 78 feet, school days, between 8:00 a.m. and 3:00 p.m.

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

         

Requested by:  Director of Public Works

B.      Show Cause Hearing

1.   Ban Chiang DBA Siam Square 1050 Willet Avenue (02915)

2.   Motion To:         Motion to provide a warning to Siam Square for first offense of serviing alcohol to a minor under the age of 21 but over the age of 18.

C.      Community Development Block Grant

Testified at the Public Hearing:

Laurie Hour and Louise Healy representing Lynn Health Care and Winslow Gardens with many members in the audience.  Repair of the outside of the buildings, water issues due to the needed repairs.  Computerized hot water system, currently the manual system is having issues fluctuating hot and cold.  Some residents have been burned. 

 

Susan Skank Chief Operating Officer at Community Action Program several members in the audience, new program called the East Providence Skills Alliance modeled after the Newport Skills Alliance.  Job training programs perhaps it could be listed under Economic Development this could take the burden off the CDBG service category. 

 

Stephanie McCaffrey Health Administrator Community Action Health Care Center provide comprehensive medical care and pediatric oral health care. 

 

Audrey Field East Bay Foster Grandparent Program through the City's support there are 55 Foster Grandparents serving in 35 sites in the East Bay and in every public school, among other locations.  They contributed over 45,000 hours of service.  They assist children needing additional support.  They receive a stipend of $2.65 an hour and that stipend returned to the community $120,787. 

 

Erin Gillian Executive Director of the Boys and Girls Club on Williams Avenue, the building side for the gymnasium program and ongoing support for the Safe Haven Out of School Time Program.  Elementary and Middle School children, the only drop in building center in town.  275 kids a day at two locations.  Williams Avenue and Oldham School, afternoon snack, staff assistance with homework and an assortment of programs.  $18 per child each year but no one is turned away if they cannot pay.

 

Barbara Sloan Day One Childhood Sexual Abuse Center, the only one serving RI.  RI Children's Advocacy Center for children and their non offending family members, help counseling, evaluation, evidence gathering and follow up services.  24 hour helpline.  Serve over 8,000 individuals with all the programs. 75% of their direct service clients are children. 

 

Brian Hannon Youth Center Director with the East Bay Community Action Program serve 15 low to moderate youth in the City, this pairs youth with companies for work and the funds supplied for the work come from this program.  There are other programs such as career counseling also.  This may be able to fall under Economic Development category.

1.   Motion To:         Motion to continue the Public Hearing to next meeting.

VII.   NEW BUSINESS

A.      CITY MANAGERS REPORT

1.   Motion To:         Drainage Easement - Hospital Road

2.   Motion To:         Motion to approve easement - Hospital Road.

B.      REPORTS OF OTHER CITY OFFICIALS

1.   Motion To:         Claims Committee Report

2.   Motion To:         Motion to approve the Claims Committee Report

COMMENTS - Current Meeting:

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

 

          EAST PROVIDENCE CLAIMS COMMITTEE

          CLAIMS & LITIGATION REPORT

          APRIL 6, 2010; ROOM 101; 7:00 P.M.

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

          NEW CLAIMS

 

PAUL DINSMORE       $300.00

RM No. 09-104, Claim No. 10-013

Claim for property damage sustained to a lawn mower when it struck the water service box while the claimant was cutting leaves.  See recommendation of the Director of Public Works.

Motion:  Deny the claim.

 

 

DEBORAH J. EKHOLM $113.00

RM No. 10-014, Claim No. 10-016

Claim for property damage sustained to claimant’s vehicle as a result of striking a pothole on Crescent View Avenue.  See recommendation of the Director of Public Works.

Motion:  Deny the claim.

 

LOUISE McNAMARA   $277.04

RM No. 10-013, Claim No. 10-014

Claim for property damage sustained to claimant’s vehicle by the trash contractor as a result of tossing the recycling bins during the collection of recycling material.  See recommendation of the Recycling Coordinator.

Motion:  Refer the claim to the trash contractor.

 

 

METLIFE AUTO & HOME        $3907.39

INSURED: KAREN GOMES

RM No. 10-018, Claim No. 10-018

Claim for property damage sustained to insured’s vehicle as a result of striking a pothole on Greenwood Avenue.  Recommend referral to insurance carrier.

Motion:  Refer the claim to the insurance carrier.

 

 

MATTHEW PONIATOWSKI     $125.00

RM No. 09-105, Claim No. 10-015

Claim for reimbursement of expenses incurred for damages to claimant’s faucet incurred while a City worker was attempting to remove the buildup of grit/sediment after replacing the City side of the water service.  See recommendation of the Director of Public works.

Motion:  Approve and offer to settle the claim in the amount of $75.00.

 

 

PENDING CLAIMS

 

THOMAS WILLS        $748.00

RM No. 09-102, Claim No. 10-007

Claim for reimbursement of expenses incurred for the towing of a commercial vehicle by the police department.  The Claims Committee voted to defer this claim at its meeting held on March 2, 2010.

Motion:  Approve and offer to settle the claim in the amount of $375.00.

 

LITIGATION

 

OMNIPOINT COMMUNICATIONS, INC. VS. CITY OF EAST PROVIDENCE

C.A. NO. 08-126ML

Oral Status Report

Motion:  Accept the oral status report.

3.   Motion To:         Vote on Charter Amendment relative to Sec. 2-22 regarding manner of publication of ordinances.

4.   Motion To:         Motion to approve charter amendment relative to manner of publication of ordinances.

5.   Briefing on the Qualified School Construction Bond (QSCB)

6.   Motion To:         Providence Road Race Marathon

7.   Motion To:         Motion to approve the Providence Road Race Marathon portion through the City of East Providence.

C.      COUNCIL MEMBERS

1.   EP Budget Update by Mayor Larisa

D.      RESOLUTIONS

All resolutions will appear on docket with the name of the resolution's sponsor.

1.   Motion To:         A Resolution in opposition to binding arbitration and endless contract legislation.

COMMENTS - Current Meeting:

State of Rhode Island and Providence Plantations

City of East Providence

 

Resolution Number

 

RESOLUTION CONTINUING TO OPPOSE ANY “BINDING ARBITRATION”

OR “ENDLESS CONTRACT” LAW FOR TEACHERS AS DEVASTATING TO

EAST PROVIDENCE

 

WHEREAS, the City Council of the City of East Providence on behalf of its taxpayers passed a resolution last fall unanimously opposing binding arbitration for the teachers’ union as devastating to East Providence taxpayers and opposed a law that would continue an expired contract to lock in unaffordable salaries and benefits; and

 

WHEREAS, the City of East Providence is presently suffering through the loss of over $3 million in State aid for FY2010 and no increase in State aid for our schools; and its budget is already $2 million less than last year.

 

WHEREAS, the City is in the worst financial distress in its 50 year history; and

 

WHEREAS, East Providence residents are also suffering through the recession, many without jobs or health care; and

 

WHEREAS, binding arbitration on wages and benefits or and endless contract would cost East Providence taxpayers millions of dollars (and a permanent double digit tax increase) that they cannot afford; and

 

WHEREAS, the City Council is on record as supporting municipal bankruptcy/receivership to reduce employee salaries and benefits rather than impose such a draconian tax burden on our hard hit taxpayers in this economy; and

 

WHEREAS, a nonbinding arbitration award on salaries and wages awarded

millions of dollars a year to East Providence teachers that taxpayers could not remotely afford; and

 

WHEREAS, the East Providence legislative delegation continues to refuse to support publically any of the cost saving measures put in place by the City or School Department; and

 

WHEREAS, said delegation has also refused to support publically any of the cost saving legislative proposals put forth by the Council and the League of Cities and Towns, including a minimum 25% co-pay for all municipal employees and an end to minimum manning, that would save East Providence taxpayers millions each year; and

 

WHEREAS, binding wage arbitration for teachers and/or an endless contract is opposed in the strongest possible terms by both the City Council and the School Committee of the City of East Providence as completely unaffordable; and

 

WHEREAS, said bill would prevent the very just and reasonable cost saving measures properly put in place by the School Committee that have saved millions of taxpayer dollars for East Providence children and taxpayers;

 

NOW THEREFORE BE IT RESOLVED THAT:

The East Providence City Council respectfully requests its delegation and the Rhode Island General Assembly to reject any and all binding arbitration legislation and endless contract legislation currently being considered for teacher contracts;

 

AND BE IT FURTHER RESOLVED:

 

            That a copy of this resolution be forwarded to the East Providence legislative delegation, the entire General Assembly, every City and Town Council and School Committee, and the Governor.

2.   Motion To:         Motion in support of Resolution in opposition to binding arbitration and endless contract bills.

3.   Motion To:         A Resolution in support of encouraging the return of the 34th America’s Cup Challenge to Newport.

COMMENTS - Current Meeting:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

CITY OF EAST PROVIDENCE

RESOLUTION NO.

RESOLUTION IN SUPPORT OF THE RETURN OF THE

AMERICA’S CUP RACES TO THE CITY OF NEWPORT

WHEREAS, on February 14, 2010, the BMW Oracle Racing Team defeated Alinghi off the coast of Valencia, Spain to capture the 33rd America’s Cup competition; and

WHEREAS, for much of the 20th century, Newport, Rhode Island served as host for the America’s Cup races; and

WHEREAS, as the “Sailing Capital of the World”, with a culture and history rich with maritime pursuits, the presence of the America’s Cup competition in the City of Newport would offer a significant boost to the local economy.

NOW, THEREFORE, BE IT RESOLVED, that the East Providence City Council wholeheartedly congratulates the Oracle syndicate on its victory and encourages this group to return the 34th America’s Cup challenge to its true home, Newport, Rhode Island.

BE IT FURTHER RESOLVED, that copies of this resolution be forwarded to Mr. Larry Ellison of BMW Oracle Racing and to all of the cities and towns in Rhode Island asking that they join in encouraging the return of the America’s Cup races to the City of Newport.

This resolution shall become effective upon its passage.

4.   Motion To:         Motion in support of resolution in support of encouraging the return of the 34th American’s Cup Challenge to Newport.

5.   Motion To:         A Resolution regarding Judicial Fairness Legilslation.

COMMENTS - Current Meeting:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

CITY OF EAST PROVIDENCE

RESOLUTION SUPPORTING LEGISLATIVE AMENDMENTS TO

PROTECT RHODE ISLAND?S CITIES AND TOWNS AND THEIR

PUBLIC OFFICIALS/EMPLOYEES

WHEREAS, at the regular meeting of the East Providence City Council held on April 6, 2010, at 7:30 p.m., at which time a quorum of the City Council was present and acting throughout, the City Council discussed various legislative amendments intended to protect the public treasury and also to protect public officials and employees from suits against them in their personal capacities; and 

WHEREAS, the East Providence City Council finds that cities and towns are being faced with ever increasing demands upon their finances and that public officials and employees are increasingly and unfairly confronted with threats of personal liability from their official acts on behalf of the public they serve; and

WHEREAS, the East Providence City Council finds that the legislative restrictions imposed upon the cities and towns relative to their ability to raise revenue have severely hampered the operations of municipal government; and

WHEREAS, the East Providence City Council finds that the current state of the law in Rhode Island imposes unfair burdens upon municipal government, its public officials and employees, and the taxpayers of Rhode Island’s cities and towns due to a statutory scheme that imposes unreasonable liability upon the cities and towns of Rhode Island; and

WHEREAS, the East Providence City Council finds that legislative reform is necessary in order to adequately protect municipal governments, their officials and employees and the taxpayers from inequitable treatment due to the current state of the law with respect to municipal liability; and

WHEREAS, Legislation is currently pending in the General Assembly in the form of five (5) bills: H 7278; H 7777; H 7277; H7280; and S 2349 that would ensure the equitable treatment of public entities by amending the following sections of the Rhode Island General Laws:

 9-31-3  Limitation of damages - Cities, towns, and fire districts;

 10-6-2. “Joint tortfeasors” defined; and

 9-21-10. Interest in civil actions

NOW, THEREFORE, BE IT RESOLVED that we, the East Providence City Council respectfully request that the General Assembly support H 7278, H 7777, H 7277, H7280, and S 2349.

BE IT FURTHER RESOLVED that the East Providence City Clerk is hereby instructed to submit a copy of this resolution to the East Providence State Senators and State Representatives in the Rhode Island General Assembly seeking their consideration and support of H 7278, H 7777, H 7277, H7280, and S 2349.

This resolution shall become effective upon its passage.

6.   Motion To:         Motion in support of a resolution regarding Judicial Fairness Legislation.

E.       INTRODUCTION OF ORDINANCES

All ordinances will appear on docket with the name of the ordinance's sponsor.

1.   Motion To:         Motion to dispense with the reading of the ordinance.

2.   Motion To:         Ordinance proposing a stop sign on Richfield Avenue westbound traffic at Dover Avenue.

COMMENTS - Current Meeting:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

          CITY OF EAST PROVIDENCE

          AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE

          REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE,

          RHODE ISLAND, 1998, AS AMENDED, ENTITLED

          VEHICLES AND TRAFFIC

          THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:

SECTION I.  Sec. 18-269 entitled Stop and yield intersections designated; when stops required. Is amended by adding thereto the following:

RICHFIELD AVENUE (westbound traffic) at Dover Avenue

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

Requested by:  Director of Public Works

3.   Motion To:         Motion to approve the ordinance.

F.       COMMUNICATIONS

Any person who submits a communication to the Council and wishes to speak on it must indicate this in writing by completing a "Docket Request Form"

1.   Christine Rossi, 29 Woodbine Street (02915) requesting to address the Council regarding frustration of communicating with City Government.

VIII.  ADJOURNMENT

1.   Motion To:         Motion to Adjourn

 

Approved By Council:  April 20, 2010

 

Attest:  __________________

                   City Clerk