I.          EXECUTIVE SESSION

A.  Claims Committee

1.Raymond J. Andrade

2.Albert Belanger

3.Charles Earl Carroll

4.Travelers Home and Marine Ins. Co.(Insured: John DiMatteo)

5.Matthew Lowell Mobile Home Park, Inc. vs City of East Providence

II.         CALL TO ORDER

III.        SALUTE TO THE FLAG

IV.        TO APPROVE THE CONSENT CALENDAR

A.  Letters

2.       Public Comment

1. Tim Norton - Pond View

2. Ken Schneider - Pond View

3. Corliss Blanchard - Pond View

4. Tom Riley

V.         PROCLAMATIONS AND PRESENTATIONS

A. Daniel Botelho (by Mayor Rogers)

B. East Providence Pop Warner Junior Midgets (by Mayor Rogers)

VI.        LICENSES NOT REQUIRING PUBLIC HEARING

      A.V ict/Not Over 50

VII.       PUBLIC HEARING – SHOW CAUSE HEARING

VIII.      PUBLIC HEARING – ORDINANCES FINAL PASSAGE

A.  An ordinance pertaining to a business registration fee.

AN ORDINANCE IN AMENDMENT OF CHAPTER 8 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “LICENSES AND BUSINESS REGULATIONS”

SECTION I.  Article I entitled “In General” of Chapter 8 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Licenses and Business Regulations” is amended to read as follows:

Sec. 8-12.  Business registration required.  Each business, including, but not limited to, wholesale, retail, commercial, professional service or manufacturing, whether by sole proprietorships, partnerships, corporations or any business entity, shall register its business, company, trade or office situated in the City of East Providence with the City Clerk.  Each registration shall contain the name of the firm or business, the name of the owner or operator of the firm or business, the type of business to be conducted and other basic information.

Sec. 8-13.  Fees.  There shall be a fee for each registration. The registration fee shall be $25.00.

Sec. 8-14.  Procedure; exemptions.

A.  Upon registration of a business, a registration certificate shall be issued to the registrant. No other business of the same trade name shall be allowed to register once a certificate of registration has been issued without the approval of the prior registrant in writing. Every registration certificate shall expire the 30^th day in November and shall be renewed annually upon payment of the required fee. In the first year, the fee will be collected by February 1 and then by December 1 of each subsequent year.  No certificate shall be renewed if the business fails to provide proof from the Tax Collector that all municipal taxes have been paid to date. Every certificate of registration shall be placed in a conspicuous location in each business establishment.

B.  Any business required to obtain a liquor, victualling or any other license to operate under any other section of the General Laws shall be exempt from the requirement of this statute.

Sec. 8-15.  Violations and penalties.  Any person, whether as principal, agent, employee, or otherwise, who violates any of the provisions set forth herein, shall be fined not exceeding $25.00 for each offense. The fines shall inure to the City, and each day that the violation continues shall be deemed to constitute a separate offense.

Sec. 8-16.  Business Operating License--Applicability.

Every individual, partnership and/or corporation which has a premises within which is carried on an occupation or business for any purpose shall obtain a "license to operate" within the City of East Providence approved by the City Council and issued by the City Clerk.  Every business license shall expire on the 31st day of May and shall be renewed annually upon approval and payment of all fees. No license shall be issued if the business fails to provide proof from the Tax Collector that all municipal taxes have been paid to date.

Sec. 8-17.  Issuance of license; reasons for denial.

Licenses shall be issued provided that the named business does not adversely affect the health, welfare and safety of the citizens of said City.  If any business entity is not in full compliance of the laws and ordinances within the City of East Providence which govern said businesses, the City Council, after notice and an opportunity to be heard is issued to said business, shall have the authority to deny or revoke said operating license until said business is in full compliance.  Said City Council must believe that their action is in the best interest of the citizens of the City of East Providence and must show "good cause" to deny or revoke said license.

Sec. 8-18.  Fee.

Each individual, partnership and/or corporation or other entity required to become licensed under this section shall pay a fee of $75.00 to the City of East Providence, said moneys to go to the general fund.

Sec. 8-19.  Violations and penalties.

Anyone convicted of a violation of any of the provisions of this section shall be punishable as provided in Chapter 1, General Provisions, Section 1-16, of this Code.

Sec. 8-20.  Payment of Taxes; Taxes to be paid prior to issuance or transfer of business license.

A.  All licensed businesses in the City of East Providence requiring a business license to operate shall, at the time of the renewal or transfer of such license, show proof that all business-related taxes due to the City of East Providence have been paid before obtaining a business license.

B.  These taxes shall include but not be limited to all tangible personal property taxes; all sewer service and assessments, and real estate taxes, where applicable; and all other local taxes relating to that particular business.

Sec. 8-21.  Violations and penalties.

Any person or business violating any of the provisions hereof shall be subject to a fine not exceeding $100.00 for each offense and/or the immediate revocation of any existing business licenses and denial of any application for such business license.

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:  Director of Finance

A motion is made to approve the ordinance pending Budget Commission approval by Assistant Mayor Rose, upon not hearing a second on the motion the Mayor relinquished his chair to the Assistant Mayor and seconded the motion and on a roll call vote it is unanimous. 

B.  An ordinance amending sidewalk snow removal.

AN ORDINANCE IN AMENDMENT OF CHAPTER 14 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE,RHODE ISLAND, 1998, AS AMENDED, ENTITLED"STREETS AND SIDEWALKS"

SECTION I.  Subsection (b) of Sec. 14-40 entitled “Removal of snow and ice.” of Chapter 14 entitled “Streets and Sidewalks” of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, is amended to read as follows:

(b)  Removal of snow and ice required.  The owner, occupant or any person having the care of any building or lot of land bordering on any street, highway, square or public place within the city where there is a sidewalk supported by a curbstone shall, within the first four 24 hours of daylight after any snow has ceased to fall, remove the snow and ice from said sidewalk.

SECTION II.  Sec. 14-40 entitled “Removal of snow and ice.” of Chapter 14 entitled “Streets and Sidewalks” of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, is amended by adding thereto the following:

(e)  The city may at its discretion remove the snow and ice from the sidewalk if the owner, occupant or person refuses to comply with subsection (b).  If the city and/or its agents remove the snow and ice, the city may recover the actual costs of such removal.

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

Requested By:  City Manager

Testifying against the ordinance as written:

Anthony Fereirra, 44 Brightridge Avenue

Discussion takes place on the definition of "sidewalk supported by curbstone" and how this will be handled when deciding if a fine should be rendered. 

A motion is made to send this ordinance back to the Law Department for further review and to review the entire ordinance for proper definition and use of "sidewalk supported by curbstone" by Assistant Mayor Rose, seconded by Councilman DiGioia and on a roll call vote it is unanimous. 

IX.        NEW BUSINESS

A.       City Managers Report (by City Manager Peter Graczykowski)

5.       Reports of Other City Officials

1.   Claims Committee (by Solicitor Orlando Andreoni)

The Mayor stated there was no Claims Committee Report as no Claims Committee Meeting took place due to the fact that no vote could be received to go into Executive Session for the purpose of Claims. 

2.   School Committee Update (by Council Liaison School Committee Member Chrissy Rossi)

Ms. Rossi stated that the B & E audit would be received and reviewed at the January 10th School Committee Meeting.  Adding that every day they are faced with problems in their facilities and there is very little in the way of budgeting allotted for this.  Ms. Rossi stated that while she agrees with the adjustments she is concerned about the State Aide adjustment and asks that the City proceed with caution as they don't want to over extend themselves as the State has pulled money out before after letting the City know what it expected to receive.    She added that the B & E report states the City should hire to assist with creating a policy book for the School Department but has not allotted any monies to that task.  The system does lack some written procedures and being able to draft those would be good but with no monies it cannot be done but that it is worthy to note that there are procedures as well as a chain of command in place.  The Middle School model as put forth by B & E will need to be reviewed as this project is large and cannot be put in a short time frame.  The organizational structure asks for more people but more people will require more money and currently the report indicates that they do not have the appropriate number of staff but again funds are not allocated to this task. We can agree that this is a good report to follow but it is not 100% on target and that we will need to do is adjust the numbers.  The School Committee looks forward to reviewing this at its next meeting and then forwarding that information to the Council.  

3.   Claims Committee Meeting Dates for 2012 (by City Clerk Kim Casci)

January 3 & 17                        July 17

February 7 & 28          August 21

March 6 & 20              September 4 & 18

April 3 & 17                October 2 & 16

May 1 & 15                 November 7 (Nov. 6 Election Day) & 20

June 5 & 19                 December 4 & 18

A motion is made to approve the Claims Committee Meeting Dates by Assistant Mayor Rose, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous. 

4.   Handicap Parking Signs (by Director of Public Works Steve Coutu)

X.         Council Members

1.   Bi-Weekly Update (by Mayor Rogers)

The Mayor reminded residents that the Re-dedication ceremony of the East Providence Police Department in the name of Major Allistor McGreggor will take place on December 27, 2011.  He thanked all the committee members for their hard work, Candy Seel, Lt. Arman Garro, Captain Walter Barlow (ret.) and Detective John Rossi (ret.).  Detective Rossi and Lt. Garro each spoke about the process and the 10 Year Anniversary of Major McGreggor's death.

2.   DEM Suspension of the TLA Pond View License (by Councilman Conley)

Councilman Conley stated that things have come a long way in a year.  The notice of intent to suspend TLA/Pond View's license by DEM represents about a year of hard work and a benchmark in good government.  Thank you to all the community activists, the Zoning Officer, Senator DaPonte, Representative Melo, and all the State Delegation members who supported the legislation, the Zoning Board of Review and DEM.  Councilman Conley reiterated the City Manager's points from earlier in the meeting adding that on January 4th if and only if TLA/Pond View is in compliance, and the only way they can be would be if they begin to operate as they did the day they were first opened, can their license remain active. This would be a very big effort on their part.  

3.   Merry Christmas (by Councilman Conley)

XI.        Resolutions

XII.       Introduction of Ordinances

1.   An ordinance amending the penalties for violations relating to the sale of alcoholic beverages to underage persons.

AN ORDINANCE IN AMENDMENT OF CHAPTER 9 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “MISCELLANEOUS OFFENSES”

SECTION I.  Section 9-1.1 entitled “Penalty for violations relating to sale of alcoholic beverages to underage persons” of Chapter 9 of the Revised Ordinances of the City of East Providence, Rhode Island 1998, as amended, entitled “Miscellaneous Offenses” is amended to read as follows:

9-1.1. Penalty for violations relating to sale of alcoholic beverages to underage persons.

Any person who sells or suffers to be sold or delivered any beverage which contains alcohol to a person who has not reached his or her twenty-first (21^st) birthday either for his or her own use or the use of his or her parents or any other person, or allows any person who has not reached his or her twenty-first (21^st) birthday to drink said alcoholic beverages within the City of East Providence or suffers or allows any persons who have not reached their eighteenth (18^th) birthday to sell or serve any alcoholic beverage on the premises shall for the first offense be subject to a fine of two hundred fifty dollars ($250) up to $500 per count; for the second offense, be subject to a fine of five hundred dollars ($500) up to $1,000 per count and up to a 3 day closure; and for the third and any subsequent offense, be subject to a fine of seven hundred fifty dollars ($750) up to a day closure or revocation of the license; and for the fourth and any subsequent offense, be subject to a fine up to $1,000 per count and/or a 14 day closure or revocation of the license.  In the event that there are no offenses in three (3) successive years from the date of the last offense, then the next offense shall be treated as a first offense.  If no other offenses occur for three years subsequent to the first offense, the license holder’s record will be cleared.

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:  East Providence Prevention Coalition

Discussion takes place on the changes to the ordinance as requested by Sgt Andrews as well as Councilwoman Kleyla's questions regarding who is covered by the ordinance the server, the establishment owner or both. 

A motion is made to send the ordinance back to the Law Department for further review, including making the changes requested by Sgt. Andrews as well as supplying an answer to Councilwoman Kleyla's question, the motion is made by Councilwoman Kleyla, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous. 

2.   An ordinance amendment regarding the fees charged for the rental of Pierce Memorial Field.

AN ORDINANCE IN AMENDMENT OF CHAPTER 13 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “PUBLIC PLACES”

SECTION I.  Sec. 13-176 entitled “Rental of Pierce Memorial Field.” of Division 1 entitled “Generally” of Article V entitled “Parks and Recreation Areas” of Chapter 13 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Public Places” is amended to read as follows:

Sec. 13-176. Rental of Pierce Memorial Field.

(a)        The rental fees for the use of Pierce Memorial Field by any person except as provided in subsection (b) of this section are hereby fixed as follows:

 (1)       Minimum fee, per day, shall be $500.00 1,000.00 or $250.00 500.00 plus ten percent of gross ticket sales, after taxes, whichever is greater.

 (2)       Minimum fee, per night, shall be $1,000.00 or $500.00 plus ten percent of gross ticket sales, after taxes, whichever is greater.

(b)        The rental fees for the use of Pierce Memorial Field by charitable organizations are hereby fixed as follows:

(1)        Per day . . . . . $250.00 500.00

 (2)       Per night . . . . . 500.00

            (c)        Whenever a license or permit is granted for the sale of food, beverages, etc., there shall be a fee based upon the percentage of receipts from the sale of such items, and such percentage shall be fixed by the recreation board at the time of the granting of such license or permit, subject to approval by the city council.

SECTION II.  Sec. 13-177 entitled “Recreation center fees.” of Division 1 entitled “Generally” of Article V entitled “Parks and Recreation Areas” of Chapter 13 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Public Places” is amended to read as follows:

Sec. 13-177. Recreation center fees.

The recreation center membership fees are hereby fixed as follows:

 (1)       Adult membership . . . . . $50.00

 (2)       Child membership (under age 18 years of age and under) . . . . . 25.00

The recreation director may waive the annual fee upon a finding of financial hardship.

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

Requested by:  Director of Finance

A motion to approve the ordinance for first passage is made by Councilwoman Kleyla, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous. 

XIII.      Communications

XIV.     ADJOURNMENT

1.   Motion to adjourn.

A motion to adjourn is made by Councilwoman Kleyla, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous. 

Approved by Council:  March 6, 2012