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)

1.   Agenda Item (ID # 1137)

Claims Committee A. Kenneth M. Lonardo B. Ferrucci Russo P.C.

II.     Regular Meeting

III.    Call to Order

IV.     Invocation

V.      Salute to the Flag

VI. 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.  Licenses

VII.   Public Comment

1. Ann Pari re: Affordable Housing

2. James Briden re: TLA/Pond View

3. Carl Machada 54 Horsford Avenue (02916) re: TLA/Pond View

4. Peter Oppenheimer 22 Wouburn Road (02916) re: Zoning Enforcement and TLA/Pondview

5. Michael Vacarro TLA/PondView (not present)

1.   Two minute recess was called by the Mayor.

VIII.  Appointments

1.   Unanimous Consent Requested by Mayor Rogers

Unanimous Consent was requested for three of the communications: State Representative Roberta DaSilva, Gregory Dias and Deborah Gomes.  There was no objection. 

Thomas Riley will hold until the end of the docket. 

2 State Representative Roberto DaSilva, 50 Rice Avenue Requesting to Address the Council Regarding Information for Residents Concerning the RI Hardest Hit Fund Program.

COMMENTS - Current Meeting:

State Representative Roberto DaSilva 50 Rice Avenue (02914) came to the podium to speak about residents in East Providence who are having difficulty meeting their mortgage obligation.  Peter Walsh from RI Housing let residents know about a fund called the Hardest Hit Fund to help people in these situations.  A community meeting is scheduled for June 13th at 6pm at St Martha's Church Hall regarding the assistance the fund can provide to the community. 

Peter Walsh from RI  Housing was called up to the podium and discussed the money available in the fund for Rhode Islanders. They have given out 3 million dollars so far.  There are requirements for hardship and a limit to how much individual home owners can receive.  Those interested can contact RI Housing and /or attend the community meeting. 

The Mayor thanked Representative DaSilva and Senator DeVall for bringing the news of this fund to the citizens of East Providence. 

He also added that he has asked the Clerk to place the resolution as requested by NOPE and Ann Pari regarding the homeless plight in RI on the next docket. 

3.   Gregory S. Dias, 57 Tryon Avenue Requesting to Address the Council Regarding the 11Th Annual Block Party for Neighbors of Tryon Ave, Gibbs Street and Estelle Street, Saturday, July 16.

COMMENTS - Current Meeting:

Gregory Dias spoke and described the event and that there has never been any issue, he also has applied for a one day entertainment license, it's a family day event. 

On a motion to approve by Councilwoman Kleyla, seconded by Councilman Conley the vote is unanimous. 

4.   Debra C. Gomes, 1275 Pawtucket Avenue, Requesting to Address the Council Regarding Street Closure (Chaffee Street Between Pawtucket Avenue and Derman Street) for Vacation Bible School July 11-July 15 from 5Pm-9Pm for Bethany Church

COMMENTS - Current Meeting:

There were no issues with closing the street down last year. 

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

5.   A motion to go back to the regular order of business is made by Mayor Rogers and it is unanimous.

6.   Deputy Probate Judge Appointment Ralph T. Dellarosa, 60 Don Avenue (02916) (By Mayor Rogers)

COMMENTS - Current Meeting:

The Mayor stated this issue has come about because the Probate Judge Christine Engustian has had to excuse herself due to her high volume of clientele in East Providence.  In the past, Judge Asquith from the Municipal Court has had to come to City Hall to fill these requests but due to the case load the appointment of a Deputy Probate Judge would be in order. The Mayor refers the salary as due to the case load to the City Manager for further review. 

The Mayor swears in Judge Dellarosa.

7.   Minimum Property Standards Board of Review - Reappointment Joseph Silveira, Jr., 44 Mowry Street (02914) (By Mayor Rogers)

COMMENTS - Current Meeting:

The Mayor stated that any appeals the City had due to any property standards violations the City did not have a Board of Appeals and as I requested that people come forward to be appointed, some from the past commission have along with others who are new have also come forward. 

Councilman Conley had a question on the motion to the Law Department regarding if the members had to be from specific trade areas and asked if these appointments meet those qualifications.  The Mayor asks the City Clerk to read the ordinance creating this board, it is not this board which has these qualifications but another board, called the Building Board Standard of Appeals, this board does not need to meet these qualifications. The City Clerk reads the ordinance creating this board.  Councilman Conley withdraws the question and the motion moves forward.  

8.   Minimum Property Standards Board of Review - Reappointment  Charles Dwyer, 432 Roger Williams Avenue (02916) (By Mayor Rogers)

9.   Minimum Property Standards Board of Review Elaine Gonsalves, 71 Centre Street (02916) (By Mayor Rogers)

10. Minimum Property Standards Board of Review - Reappointment  Steve Gianlorenzo, 25 Tripps Lane (02915) (By Mayor Rogers)

11. Minimum Property Standards Board of Review  Thomas Riley, 3620 Pawtucket Avenue (02915) (By Mayor Rogers)

12. Traffic Control Appointment James J. Lewis, 213 Norton Street (02915) (By Assistant Mayor Rose)

COMMENTS - Current Meeting:

Under discussion the Mayor stated the motion may need to be amended that he has asked the Chief to increase the salary from $30 per day to $40 per day and there is a question on whether the person is a civilian or a police officer due to the contract.  I would ask that the maker and seconder add to the appointment a referral to the City Manager for a fiscal impact, if we do increase the salary.  This is agreed to by the maker of the motion and the seconder. 

IX.     LICENSES NOT REQUIRING PUBLIC HEARING

All licenses subject to approval(s) from the Chief of Police, Building Inspector, State Division of Taxation and Fire Marshall.

X.      New Business

A. City Managers Report (by Interim City Manager Orlando Andreoni)

1.   Agenda Item (ID # 1136)

B.  Reports of Other City Officials

1.   2011 Taxes (By Tax Assessor Steve Hazard)

COMMENTS - Current Meeting:

The Tax Assessor, Steve Hazzard came to the podium and was introduced.  He provided a history of the 2011 taxes and the vehicle tax exemption which was removed by the State and how the State decided how to determine the value of the vehicle.  Every vehicle regardless of condition and miles is taxed a rate of the value of a perfect vehicle.  The City each year is going to have to make a determination how much of an exemption it can afford.  Most Cities and Towns currently dropped that exemption to $500. 

2.   A five minute recess is called.

3.   Dean Ross Vs EP City Council - OMA Complaint (By Assistant Solictor Craven)

COMMENTS - Current Meeting:

The Assistant Solicitor Craven addressed this topic decision by the Department of Attorney General re: an open meetings complaint filed in December 2010.  Dean Ross felt as though the open meetings law was violated.  The Attorney General's Office indicated that they found no violation after review of minutes and video and the topic of removal of City Manager and the resolution was withdrawn after further discussion and did not discuss again until the next meeting so no violation occurred. It also appears that Mr. Ross has not decided to further appeal this ruling on his own. 

Councilman Conley stated that the complaint was specifically about the fact of the resolution to remove the City Manager and that it was not on the agenda. 

Mr. Craven stated that was correct but since it was stopped from any further action taken on the resolution they found there was no violation. 

Councilman Conley stated that the decision found that since no action or discussion was taken on that resolution no violation occurred. 

Mr. Craven stated that was correct. 

C.  Council Members

1.   Exxon Mobil Tax Exemption Status (By Mayor Rogers)

COMMENTS - Current Meeting:

Assistant Solicitor Craven reported on the topic stating he discussed this with the Tax Assessor's Office and reviewed the past files.  The case was a tax appeal that is filed in Superior Court by Exxon Mobil and settled in 2009 by Solicitor Jim Briden.  The genesis was that the land associated with Mobil was being taxed as if it was usable and buildable and under discussions it was found that portions were wetland and could not be used per DEM Rules and Regulations and there was a portion which was unusable and counted as a tax reduction.  Every three years properties are appraised and assessed again and that value determines the tax. 

2.   Update on Providence Journal Mandatory Thursday Delivery Petition (By Mayor Rogers)

COMMENTS - Current Meeting:

The City Clerk reported that 93 residents have responded and signed the petition. 

The Mayor stated that he was noticing less newspapers being delivered on Thursdays. 

The City Clerk reiterated how people could sign onto the petition.

3.   Funds Spent to Date Re: Pond View/TLA (By Mayor Rogers)

COMMENTS - Current Meeting:

Assistant Solicitor Craven read from a document prepared by Assistant Solicitor DiCenso, as of April of this year the firm of Hinckley Allen had billed $48,478, Ms. DiCenso not billing by the case estimated $7,500-$10,000 range. 

The Mayor stated he has asked for these reports because he receives calls to try to resolve this and how much is it costing and that he will continue to try to reach a resolution by virtue of compromise. 

4.   Fireworks Display (By Mayor Rogers)

COMMENTS - Current Meeting:

The Mayor stated the City will have fireworks and will be borrow the money from a fund in the Recreation Department which we will need to return. We are looking for donation to pay this back and are working on obtaining them from businesses, unions and individuals. 

The Mayor read the summer schedule of concerts and of the fireworks display. 

5.   American Flag Day and Day of Portugal (By Mayor Rogers)

COMMENTS - Current Meeting:

Elmer Pina Director of Affirmative Action and Welfare who was appointed by the Mayor as Co-Chair of the event described the event and let everyone know the date of June 14th and that all were invited to attend the free event. 

Councilman Conley stated that he was very glad to see the event was brought back again. 

6.   Police Details EP Feasts and Festivals (By Mayor Rogers)

COMMENTS - Current Meeting:

Hosts of the annual feasts were concerned about the financial issues of having such a heavy number of detailed officers at the feasts.  A meeting was held and it seems that these numbers can be reduced.  The Chief came forward to testify regarding cost per hour, number of officers and hours of work.  The hours of work will be decreased at the initial hours of operation and we will review at the end of the season to see how this works out.  The Chief outlined each feast and how many hours were saved on each one and what that reduction will be. 

The Mayor thanked the Chief for all of his work on this. 

7.   City Manager Interview Discussion (By Mayor Rogers)

COMMENTS - Current Meeting:

The Mayor stated he would defer this to Councilman DiGioia's item later on the docket. 

8.   Unanimous consent was requested by the Mayor for Waterfront Drive Groundbreaking Schedule and it was approved unanimously.

Jeanne Boyle, Director of Planning came forward to testify and announced that on June 9th the Department of Transportation and the Governor's Office have announced a groundbreaking on the next phase of Waterfront Drive.  This will take place at the base of Warren Avenue.  Going from 195 to Dexter Road and Waterfront Drive has been going on for about 20 years.  This later phase is a 6.6 million dollar project with a combination of State and Federal Funds. 

9.   The Mayor asked for unanimous consent to introduce the new Finance Director and it was unanimous.

Ellen Eggeman, Director of Finance came forward and provided background on herself. 

10. Relocation of Municipal Court (By Mayor Rogers)

COMMENTS - Current Meeting:

The Mayor asked a Council member to make a motion to move the Municipal Court to City Hall, with referral to the City Manager and the Department Heads, basically the City Clerk, to make this work the best way possible.  It cannot help but save money.  Looking into the sealing or renting or giving them to the Senior Center Director to find an agency who works with Seniors.  Municipal Court was here in the past, Probate Court, City Clerk, taking over maybe one clerk who can take traffic tickets to work with the City Clerk.  People come to City Hall already thinking this is where they pay their tickets.  There is a study going on by the Assistant Solicitor on hiring an agency to recoup lost ticket funds not collected. 

A motion to move the Court to City Hall, most likely involving the City Clerk and for the City Manager to work out the details is suggested. 

The City Manager had suggested in the past to move the Court to the tribunal due to the fact that they have been running in the red for the last 4 years as earlier reported.  The City should not need as many clerks if we move them here and then will save on electricity and heat in the building they are in. 

The City Manager discussed the benefits of the Traffic Tribunal taking over and removing five positions currently funded by the City.  Moving them here and the cost savings has not been completely done.  In addition, he discussed possibly using the Conference Room 308 for a one stop location for buildings and fire inspections. 

Councilman Conley stated this may be a good idea but we don't know if it’s good or bad yet.  We are voting now and figuring it out later.  There are policy considerations involving Municipal Courts, no analysis has been done as to why they have lost money.  One of the key qualities it brings is enforcement of local zoning laws and housing laws, in the district court they die a slow death.  They can drag out for long periods of time and don't receive the same priorities they do in a local court.  If we are going to move it here does it save funds?  Were there issues regarding supervision in the buildings? 

Mayor Rogers stated that there is a template for having it here as it has been in the past.  We can seal off sections of the building not being used.  There are police officers here automatically attending the court.

Councilwoman Kleyla stated the convenience issue is a good idea but for the sake of making everyone comfortable I am not opposed to receiving more information so let's vote at the first meeting in July.

Both makers of the motion stated that waiting until July for an analysis is fine but the issue most come forward at the July meeting.  The City Manager stated he understood a financial impact statement was needed and he would have this ready for the July meeting.

Councilman DiGioia agreed that proper information and analysis is needed before the vote. 

A motion is made to direct the City Manager to do a cost analysis on moving the Municipal Court to City Hall to the July 19th meeting. 

11. Status of New Police Cars (By Assistant Mayor Rose)

COMMENTS - Current Meeting:

Assistant Mayor Rose called the Chief to the podium to ask him how they are making out with the new police cars.  The Chief reported that he had a funding source for the new cars.  The fleet is reduced from 100 to 94 and the goal is to get that down to about 80 cars in the next year or two.  It's about $812 to insure a vehicle.  We have been fortunate to use military surplus via Sgt Grant's work.  The funding source via asset forfeiture funds in the last 36 hours securing nearly $600,000 with our officer assigned to the FDA and part of the Chinese steroid case which brought in nearly $450,000.

Sgt Grant spoke regarding the cars and the equipment.  

12. Accountability for School Department Spending (By Assistant Mayor Rose)

COMMENTS - Current Meeting:

Assistant Mayor Rose spoke regarding how the Council found out how far in debt we are now from the previous School Department Administration.  I would like to see the Finance Director from the School Department meet monthly with the City Manager and the Finance Director to get a better handle on spending and accountability. 

The City Manager stated that with the new Finance Director we would be able to do that. 

Councilman DiGioia stated that the Finance Director from the School Department did provide a five year projection to the Deficit Elimination Committee and that they are finally getting on top of the numbers. 

Mayor Rogers read into the record concerning the accountability in School Department spending and there has been a lawsuit in a Caroulo Action in Cranston dismissing the Caroulo action and declines to order the City to provide an addition 4.5 million dollars.  Notably it failed to meet prerequisites with the Mayor, City council and Auditor General as required by law for a statutorily required plan. 

13. The Intimidation Continues (By Councilman Conley)

COMMENTS - Current Meeting:

Councilman Conley spoke regarding the request of our zoning office to do a review of the status of compliance of TLA/Pond View.  The result of that request was an attempt by Pond View to intimidate the Zoning Officer of the City of East Providence and on May 25th they hand delivered the threat.  Councilman Conley read the letter to Ed Pimentel naming the City and the Zoning Officer personally.  In addition, people have come to the podium to exercise their first amendment right are threatened after they speak.  People call him telling how difficult it is for them to come into these chambers because they have to run the gauntlet of snears and gears and are afraid to go to their cars at night.  That is intolerable and cannot be accepted. 

14. There Are a Lot of Poeple in East Providence who Could Care Less About TLA/Pond View (By Councilman Conley)

COMMENTS - Current Meeting:

There are those who say there are a lot of people in East Providence who could care less about Pond View.  Life catches up with all of us and we get busy, I know this because they tell me when I come out of Mass on Sunday morning in Riverside, every Sunday people tell me they are with us to protect the people in Rumford and that they glad they are given a voice and are heard by the City Council. 

The Mayor stated that people come to him asking him to please settle Pond View.  It is clear that they would divide these items between us knowing our positions.  The Mayor added that there should be no personal attacks and that they should not be present in this chamber. 

15. Deficit Elimination Committee Update (By Councilman Conley)

COMMENTS - Current Meeting:

Councilman Conley provided an update regarding the previous meeting asking both the School side and City side to present them with budget analysis and projections.  At the last City Council meeting I reported the deficits on both sides in this year around 5 million dolloars in total.  There are assumptions built into the projections.  By 2015 the projected deficit would be 9.8 million adding up to 35.4 million in total.  The City cannot continue going in that direction.  Please come and attend the meetings we want public participation.  There will be at all of the rest of the meetings a portion which will be dedicated to public participation and is on the agenda for tomorrow night.  It has been difficult to find nights in June a week or so apart where every member can be there every night.  All members however are committed to the task. 

16. Thank You (By Councilman DiGioia)

COMMENTS - Current Meeting:

Councilman DiGioia thanked everyone for their well wishes sent to him and his family on the congratulations for the birth of their son, Nicholas. 

17. City Manager Search Committee Update (By Councilman DiGioia)

COMMENTS - Current Meeting:

Councilman DiGioia stated that a report from Dr. Ramos was received in everyone's packet.  Their work is now completed.  Dr. Ramos was called to the podium to testify.  Dr. Ramos thanked all the committee members for their hard work and completion of their task.  Dr. Ramos explained the report briefly.  The top 15 highest scoring averages have been submitted to the Council along with the listings by score of all 59 applicants. 

The Mayor thanked Dr. Ramos and the committee.  He then questioned the score of zero given to one candidate even in the category of education. 

Dr. Ramos stated that was inappropriate to do and there is no way to know who would have done that.  Everyone is represented and adjustments could be made properly to fix that process and adjust for the zero. 

The Mayor stated what he thought we should do was to set this weekend aside and the start of next weekend if possible to review these applications and to skype anyone we would have to. 

The City Clerk stated discussing how to set it up would be in open session to discuss candidate and interviews would be in executive session. 

How to skype was discussed. 

Councilman DiGioia stated he would think an evening would work better. 

The Council discussed possibilities and decided to select dates via email.    

D. Resolutions

1.   Resolution 2011-2

E.  Introduction of Ordinances

1.   Ordinance 2011-1

F.  Communications

1.   Communication (ID # 1125)

XI.     A motion to adjourn is made at 12:18 am by Councilwoman Kleyla, seconded by Councilman DiGioia and on a roll call vote it is unanimous.

*If communications assistance is needed or any other accommodations to ensure equal participation please contact the City Clerk’s Office at 435-7590

* Any items listed on the Council Docket may be subject to a vote.

Approved By Council:  October 18, 2011     Attest:  ________________________________

                                                                             City Clerk