I.       EXECUTIVE SESSION

The City Council of the City of East Providence will meet in Executive Session pursuant to RI General Laws § 42-46-5 (a) (2)

A. Claims Committee

See concurrently posted Claims Committee Meeting Agenda.

II.     CALL TO ORDER

7:30 PM Meeting called to order on February 7, 2011 at Council Chambers, City of East Providence, East Providence, RI.

2.  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

B.  Alcoholic Beverage Class F-1

V.      PROCLAMATIONS & PRESENTATIONS

A.David Kelleher from the Pomham Rocks Lighthouse Association to present to Council a framed photo of the lighthouse for display in the Council office at City Hall. 

VI.     APPOINTMENTS

All Council appointments will appear on docket under the heading Appointments, listing the committee the appointment is being made to, the name and address of the candidate, and the Council member nominating the candidate.

1.   Motion To:         Planning Board Re-Appointment (by Councilman Conley)

COMMENTS - Current Meeting:

Michael P. Robinson, 45 Richfield Avenue (02914)

2.   Motion To:         Traffic Control (by Councilman Conley)

COMMENTS - Current Meeting:

Paul McKivergan, 77 Heath Street (02915)

3.   Motion To:         Public Library Trustees Re-Appointment (by Councilwoman Kleyla)

COMMENTS - Current Meeting:

Elizabeth Ingraham, 84 Hood Avenue (02916)

4.   Motion To:         Affirmative Action Commission (by Mayor Rogers)

COMMENTS - Current Meeting:

Gaston Malloy, 384 Roger Williams Avenue (02916)

5.   Motion To:         Affirmative Action Commission (by Mayor Rogers)

COMMENTS - Current Meeting:

Cheryl Burrell, 1370 Pawtucket Avenue (02916)

6.   Motion To:         Affirmative Action Commission (by Mayor Rogers)

COMMENTS - Current Meeting:

Anita Turner, 190 Grosvenor Avenue (02914)

VII.   PUBLIC HEARINGS - ORDINANCES FINAL PASSAGE

1.   Motion To:         An ordinance relating to Stop Signs.

COMMENTS - Current Meeting:

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"

SECTION I. Subsection (b) of Sec. 18-269 entitled "Stop and yield intersections designated; when stops required." is amended by adding thereto the following:

Vineyard Avenue (westbound traffic) at Grassmere Avenue City View Avenue (westbound traffic) at Grassmere Avenue Tower Avenue (westbound traffic) at Grassmere 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

2.   Motion To:         AN ORDINANCE RELATING TO WASTEWATER SYSTEM REVENUE BONDS

COMMENTS - Current Meeting:

ORDINANCE OF THE CITY OF EAST PROVIDENCE APPROVING THE FINANCING OF THE CONSTRUCTION, EQUIPPING, EXTENSION, REPLACEMENT, REPAIR AND REHABILITATION OF THE CITY’S SEWER LINES, SEWAGE COLLECTION, AND SEWAGE TREATMENT SYSTEM AND ALL PRELIMINARY AND INCIDENTAL EXPENSES AND APPROVING THE ISSUANCE OF WASTEWATER SYSTEM REVENUE BONDS AND NOTES THEREFOR IN AN AMOUNT NOT TO EXCEED $25,300,000

WHEREAS, in the interest of public health and safety, the City of East Providence (the “City”) desires to make certain improvements to the City’s sewer system, including the construction, equipping, extension, replacement, repair and rehabilitation of the sewer lines, sewage collection, and sewage treatment system and all preliminary and incidental expenses in connection therewith (the “Project”);

WHEREAS, the City desires to issue an amount not to exceed Twenty Five Million Three Hundred Thousand Dollars ($25,300,000) wastewater system revenue bonds (the “Bonds”) or interest bearing or discounted wastewater system revenue notes (the “Notes”) in anticipation of the issue of said Bonds of the City, at one time, or from time to time for the purpose of evidencing the borrowing described above;

WHEREAS, Chapter 46-12.2 of the Rhode Island General Laws, pursuant to which the Bonds or Notes will be issued, provides that in connection with a financing transaction with the Rhode Island Clean Water Finance Agency (the “Agency”) and notwithstanding any municipal charter to the contrary, all local governmental units shall have the power to issue local governmental obligations payable solely from wastewater system revenues pursuant thereto without limit as to amount, and the amount of principal and premium, if any, and interest on the obligations shall not be included in the computation of any limit on the indebtedness of the local governmental unit or on the total taxes which may be levied or assessed by the local governmental unit in any year or on any assessment, levy, or other charge made by the local governmental unit on any other political subdivision or instrumentality of the State of Rhode Island;

WHEREAS, notwithstanding the foregoing provisions of Chapter 46-12.2 of the Rhode Island General Laws, the City desires to comply with the requirements set forth in Section 4.27 of the City Charter with respect to the issuance of bonds to the extent possible;

WHEREAS, the estimated maximum cost of the Project is $25,300,000;

WHEREAS, the period of usefulness of the Project is expected to be thirty (30) years; and

WHEREAS, the net debt of the City is not affected by the issuance of the Bonds or Notes as the Bonds and Notes will not be general obligations of the City but will be payable solely from wastewater system revenues.

NOW THEREFORE, BE IT ORDAINED BY THE CITY OF EAST PROVIDENCE that:

SECTION 1.    The sum of Twenty Five Million Three Hundred Thousand Dollars ($25,300,000) is appropriated for the purpose of financing the Project. 

SECTION 2.    In accordance with Chapter 46-12.2 of the Rhode Island General Laws, the Mayor and the Director of Finance are hereby authorized to borrow an amount not exceeding Twenty Five Million Three Hundred Thousand Dollars ($25,300,000) from the Agency, and to evidence such loan as required by said Chapter 46-12.2, such officers are hereby authorized to issue and refund on behalf of the City the Bonds, at one time, or from time to time in order to meet the foregoing appropriation. 

SECTION 3.    The said officers from time to time may issue and refund the Notes in anticipation of the issue of said Bonds.

SECTION 4.    The Bonds and Notes shall be payable solely from wastewater system revenues.  The City may issue bonds, notes, or other obligations on a parity with these Bonds as provided in the Trust Indenture (defined below).  The manner of sale, amount, denominations, maturities, conversion or registration privileges, interest rates, medium of payment, and other terms, conditions and details of the Bonds or Notes may be fixed by the officers authorized to sign the Bonds or Notes.

SECTION 5.    Pending the issuance of the Bonds under Section 2 hereof or pending or in lieu of the issue of Notes under Section 3 hereof, the Director of Finance, at the written direction of the City Council, may expend funds from funds of the City including the General Fund for the purposes specified in Section 1 hereof.  Any advances made under this section shall be repaid without interest from the proceeds of the Bonds or Notes issued hereunder or from the proceeds of applicable federal or state assistance or from other available funds.

SECTION 6.  The Mayor and the Director of Finance are also authorized, empowered and directed, on behalf of the City, to: (i) execute, acknowledge and deliver a Supplemental Trust Indenture (the “Supplemental Indenture”) amending and supplementing the Trust Indenture dated October 6, 2009 by and between the City and U.S. Bank National Association (the “Trust Indenture”), and any and all other loan agreements, documents, certificates or instruments necessary to effectuate such borrowing; (ii) amend, modify or supplement the Trust Indenture, such Supplemental Indentures, the Bonds or Notes and any and all other loan agreements, documents, certificates or instruments at any time and from time to time, in such manner and for such purposes as such officers shall deem necessary, desirable or advisable; (iii) direct the Trustee with regard to investments of trust funds pursuant to the Trust Indenture, (iv) enter into intermunicipal agreements or amend existing intermunicipal agreements with other municipalities utilizing the wastewater treatment facility and regional collection system with respect to sharing cost of the Project, and (v) do and perform all such other acts and things deemed by such officers to be necessary, desirable or advisable with respect to any matters contemplated by this Ordinance in order to effectuate said borrowing and the intent hereof.

SECTION 7.    The Mayor and the Director of Finance are hereby authorized to deliver the Bonds or Notes to the purchaser and said officers are hereby authorized and instructed to take all actions, on behalf of the City, necessary to ensure that interest on the Bonds or Notes will be excludable from gross income for federal income tax purposes and to refrain from all actions which would cause interest on the Bonds or Notes to become subject to federal income taxes.

SECTION 8.    This Ordinance is an affirmative action of the City Council of the City toward the issuance of the Bonds and Notes in accordance with the purposes of the laws of the State. This Ordinance constitutes the City’s declaration of official intent, pursuant to Treasury Regulation §1.150-2, to reimburse the City for certain capital expenditures for the Project paid on or after the date which is sixty (60) days prior to the date of this Ordinance, but prior to the issuance of the Bonds or Notes.  Such amounts to be reimbursed shall not exceed Twenty Five Million Three Hundred Thousand Dollars ($25,300,000) and shall be reimbursed not later than eighteen (18) months after the later of (a) the date on which the expenditure is paid or (b) the date on which the Project is placed in service or abandoned but in no event later than three (3) years after the date on which the expenditure is paid.

SECTION 9.    The Mayor and the Director of Finance are authorized to take all actions necessary to comply with federal tax and securities laws including Rule 15c2-12 of the Securities and Exchange Commission (the “SEC Rule”) and to execute and deliver a Continuing Disclosure Certificate in connection with the Bonds or Notes in the form as shall be deemed advisable by the Mayor and the Director of Finance in order to comply with the SEC Rule.  The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate, as it may be amended from time to time.  Notwithstanding any other provision of this Ordinance or the Bonds or Notes, failure of the City to comply with the Continuing Disclosure Certificate shall not be considered an event of default; however, any Bondholder or Noteholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this Section and under the Continuing Disclosure Certificate.

SECTION 10.  This Ordinance shall take effect upon its second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.

Requested By:  Director of Finance

3.   Unanimous consent was requested by Councilwoman Kleyla to change the order of the docket and move the resolutions to this location and it was granted.

VIII.  NEW BUSINESS

A. CITY MANAGERS REPORT

1.   Time Clocks

The City is looking at the cost of making one whole time clock system for the whole City. 

Mayor Rogers asked why it had to be so technical can't it just be a punch clock and added he would like a report as soon as possible.  The Mayor asked if two meetings from now would be enough time to put something on the docket with a vote. 

The City Manager stated if he could get a bid in and also confirm the City had enough money to pay for it then yes.  He added he wouldn't like to see us lease again like is done at the City Garage right now because the payments are hefty.  He would do his best to get this to the Council, 3 weeks would be enough time. 

The Mayor instructed the Clerk to make sure this would be on the docket in 4 weeks time. 

2.   Lame Ducks

Assistant Solicitor Bob Craven commented regarding swearing-in a newly elected Council and School Committee earlier to help limit lame duck actions. 

The Mayor asked if a resolution was needed and the response was yes and added the Law Department could have something ready to be placed on the next docket. 

B.  REPORTS OF OTHER CITY OFFICIALS

1.   Motion To:         CLAIMS COMMITTEE REPORT (by Assistant Solicitor Robert Craven)

COMMENTS - Current Meeting:

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

          EAST PROVIDENCE CLAIMS COMMITTEE

            CLAIMS & LITIGATION REPORT

            MONDAY, FEBRUARY 7, 2011; 7:00 P.M.; ROOM 101

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

          NEW CLAIMS

THOMAS E. MORRIS  $2282.42

RM No. 11-001, Claim No. 11-001

Claim for property damage sustained as a result of an accident with a City snow plow.

Motion by:  Councilwoman Kleyla   

Seconded by:  Councilman Rose

Motion:  Deny the claim.

ROSEMARIE RAGSDALE        $47.70

RM No. 10-078, Claim No. 11-002

Claim for reimbursement of expenses incurred for a rental car due to an accident with a police vehicle.  NOTE:  Claimant’s insurance company (Amica Mutual Ins.) filed a subrogation claim which was approved by the Claims Committee on January 18, 2011.  Claimant’s rental bill exceeded her rental reimbursement coverage and claimant is seeking reimbursement of that out-of-pocket expense.

Motion by:  Councilman Rose                   Seconded by:  Councilwoman Kleyla

Motion:  Approve the claim in the amount of $47.70.

PENDING CLAIMS

LORRAINE I. ROSA    $95.04

RM No. 10-081, Claim No. 10-058

Claim for reimbursement of expenses incurred for property damage to vehicle allegedly caused as a result of a missing sewer cover on Warren Avenue.  See recommendation of Director of Public Works.  NOTE:  The Claims Committee voted at its meeting held on January 18, 2011 to refer this claim to RI DOT, however, this portion of Warren Avenue is locally maintained and RI DOT has referred the claim to the City.  See letter from RI DOT.

Motion by:  Councilman Rose                   Seconded by:  Councilwoman Kleyla

Motion:  Deny the claim.

C.  COUNCIL MEMBERS

1.   Council Chamber Decorum (by Mayor Rogers)

The Mayor indicated that the decorum lately has not been what it should be.  People are dropping drinks on the rug and it costs money to clean. People should not be bringing food and drinks into the chamber.  Water is fine but to please refrain from other items.  People can go out to the lobby or outside for food and beverages.  Someone recently set off the fire extinguisher, please stay away from this.  And lastly, please do not speak loudly in the back of the room it is distracting to those that are trying to listen. 

D. INTRODUCTION OF ORDINANCES

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

1.   Motion To:         An ordinance pertaining to removal of snow and ice from sidewalks.

COMMENTS - Current Meeting:

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.  Sec. 14-40 entitled “Removal of snow” 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:

Sec. 14-40. Removal of snow and ice.

(a)      Definitions.  For the purpose of this section, the following definitions shall apply:

(1)      Sidewalk means any portion of the sidewalk area which has been made smooth or improved by the application of cement, concrete, asphalt, brick, or other substance or compacted and made smooth.

(2)      Sidewalk area means that portion of the street between the property line and the curbline of the street which is set aside, laid out, or used for pedestrian traffic.

(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 hours of daylight after the ceasing to fall of any snow has ceased to fall, cause such snow to be removed shall remove the snow and ice from said sidewalk. For every hour after the expiration of the specified four hours that the snow shall remain on such sidewalk, such owner, occupant or other person shall pay a fine of not less than $1.00 nor more than $10.00. This section shall also apply to the falling of snow from any building.

(c)      Snow and ice removed from a sidewalk shall not be thrown or deposited on any street or any property of another property owner.

(d)      All violations of this section shall be subject to a fine of $50.00 for a first offense, a fine of $100.00 for a second offense, and a fine of $200.00 for a third and subsequent offenses.

SECTION II.  Sec. 14-41 entitled “Removal of ice” of Chapter 14 entitled “Streets and Sidewalks” of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, is deleted in its entirety and replaced with the following:

Sec. 14-41. Removal of ice. Power and authority of inspector and police department.

The sidewalk inspector and police department shall have the power and authority to enforce the provisions of Sec. 14-40.

Whenever the sidewalk or any part thereof adjoining any building or lot of land on any street, highway, square or public place shall be encumbered with ice, it shall be the duty of the owner, occupant or any person having the care of such building or lot to cause such sidewalk to be made safe and convenient by removing the ice therefrom or by covering the sidewalk with sand or some other suitable substance. If such owner or other person shall neglect to do so for the space of two hours during the daytime, he shall pay a fine of not less than $2.00 nor more than $10.00 and a like sum for every day thereafter that the ice shall continue to be an encumbrance.

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:  Mayor Rogers

Director Coutu stated that this ordinance was being introduced to help alleviate the issues arising from some homes and businesses on busy roads not shoveling their sidewalks. 

The law department has reviewed the ordinance and approves.

Councilman Conley stated that reviews of other cities and towns seem to have these types of ordinances but they are all over the lot.  He asked if there was any data indicating whether or not the higher sanctions result in getting the sidewalks cleared faster or more efficiently. 

Director Coutu stated there was none to his knowledge. 

Councilman DiGioia stated that he will not be supporting the ordinance he does believe that people should be clearing the sidewalks but this ordinance doesn't take into account the elderly or the fact people in general clear the sidewalks only to have the plow, plow them back in.  He feels the City shouldn't sanction or penalize people during these difficult economic times.  

The Mayor asked if these fines were standard and the Director replied they are all over the lot and there is no standard and added that he looked at the City’s current ordinance and added what he thought was appropriate for an increase. 

Councilman Conley stated this is an important topic all over the State and read from an article in the Providence Journal entitled "Shoveling Snow is not for the Weak at Heart".  Adding that he feels the additional fines are a knee jerk reaction and there is no data to suggest this would increase shoveling.  To have volunteers help is a good idea however increasing fines which could lead from one tragic event to another is not a good idea.  He added he would not be supporting the ordinance. 

The Mayor stated since we all agree something needs to be done and businesses in particular should be addressed since the funding is there and they have the means to clear their walkways.  He added that he is more than willing to speak with other members of the Council to work on the details and still put more teeth in the ordinance.  It is the businesses and segments of the population that can do it that are not, not the elderly or the disabled or those that cannot afford it. 

The Mayor asked if there was a motion to defer the ordinance to another meeting to work on the wording, a motion to defer was made by the Assistant Mayor upon no second on the motion the Mayor had the Assistant Mayor take his seat and the Mayor seconded the motion to defer, on a tie vote the motion was defeated. 

E.  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"

IX.     ADJOURNMENT

1.   Motion To:         Motion to Adjourn

Approved By Council:  April 5, 2011

Attest:  _______________

                   City Clerk