I.       Executive Session - 5:30 PM

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

II.     Public Workshop - 6:30 PM

III.    Regular Meeting - 7:30 PM

          Call to Order

IV.     Invocation

V.      Salute to the Flag

1.   Motion To:      Motion to seal the minutes of Executive Session

VI. 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.  Licenses

i.   Alcoholic Beverage Class F

ii.  Carnival

iii. Peddler

C.  Council Journals

1.   Regular Council Meeting April 19, 2011

2.   Motion To:      Motion to request moving the Claims Committee Report up on the Docket.

VII.   Public Comment

1. Dawn Marshall - In favor of Summit Street No Parking Sign

2. Candy Seel - Police Memorial Service

3. Tom Riley - Candy Seel's Letter to EP Post

4. Ken Schneider - Pond View/TLA

5. Ken Foley - Pond View/TLA

6. Steve Melo - Against Summit Street No Parking Sign

7. Anthony Antonelli - Hicks Street (will speak as part of public hearing)

VIII.  Appointments

1.   Motion To:      Conservation Commission Reappointment by Councilman DiGioia

COMMENTS - Current Meeting:

John Rose, Sr., 5 Wil-Ann Circle (02915)

2.   Motion To:      Conservation Commission Reappointment by Councilman DiGioia

COMMENTS - Current Meeting:

Lorraine Nik, 238 Terrace Avenue (02915)

3.   Motion To:      Conservation Commission Reappointment by Councilman DiGioia

COMMENTS - Current Meeting:

Keith Gonsalves, 2 Ramsay Street (02915)

4.   Motion To:      Conservation Commission Reappointment by Mayor Rogers

COMMENTS - Current Meeting:

John T. Burridge, 190 Waterman Avenue (02914)

IX.     Public Hearings

1.   Agenda Item (ID # 1067)

Fox Toyota Public Hearing Zone Map Amendment, Comprehensive Plan Amendment, and Street Abandonment

Introduction

The applicant is requesting the City to abandon a portion of Hicks Street and rezone parcels 11 and 12 of map 306, block 9 from a Residential-4 to a Commerical-4 designation. The Generalized Land Use plan of the City’s Comprehensive Plan currently designates parcels 11 and 12 as “Medium Density Residential”. Since parcels 11 and 12 are proposed to be used as a retail use, specifically for the sale and storage of vehicles, the applicant is also proposing to amend the Comprehensive Plan designation from “Medium Density Residential” to “Retail”.  Overall, the applicant is requesting the City Council to grant approval of a street abandonment, a zoning map amendment, and a comprehensive plan amendment. As required by the City Ordinance, the Planning Board must review and provide a recommendation to the City Council for all street abandonments, zoning map amendments, and comprehensive plan amendments. The applicant appeared before the Planning Board at a public hearing held on February 24, 2011, see enclosed Planning Board notice of decision.

It is the intent of the applicant to merge parcels 11, 12, and 8 of map 306, block 9 following the City Council’s approval of the street abandonment, zone map amendment, and comprehensive plan amendment. Parcel 8 is approximately 1.5 acres with frontage on Taunton Avenue along the north property line and frontage on the portion of Hicks Avenue that is proposed to be abandoned on the south property line. An application for an administrative subdivision will be submitted by the applicant following the City Council’s approval of the street abandonment, zone map amendment, and comprehensive plan amendment. During the review of the administrative subdivision, any potential impacts to the abutting residential properties along Kensington Street and North County Street will be assessed and site improvements and restrictions may be placed as a condition of approval that may include, but not limited to landscape buffering, drainage improvements and outdoor lighting (time, duration, and direction), see enclosed letter from Joseph A. Casali, dated 12/9/10.

Street Abandonment

According to City Ordinance 14-22 “Abandonment of street, highway, or public right-of-way”, the Planning Board must review and provide a recommendation to the City Council for all requests to abandon a public right-of-way. The portion of Hicks Street that is proposed to be abandoned has an approximate depth of 197 feet and width of 40 feet, see sheet 2 of the plan set titled “Highway Abandonment Plans for Hicks Street”. A title report has been submitted by the petitioner that identifies Hicks Street as a City right-of-way with no obstacles or hindrances present, see enclosed letter from B. Thibodeau to J. Boyle, dated October 27, 2010. The City Engineer has reviewed the submitted materials and has determined that no utilities are located in the portion of Hicks Street that is proposed to be abandoned, see enclosed memorandum from Erik Skadberg, dated November 30, 2010. It is the opinion of Planning Staff that this portion of Hicks Street does not currently or in the future serve a useful purpose to the City.

Rhode Island General Law §24-6-1 requires that following a recommendation from the Planning Board, a petition to abandon a City street must appear before the City Council as a public hearing, immediate abutters are notified of the public hearing, and the public hearing is advertised in a newspaper once a week for three (3) consecutive weeks. All of the above notification requirements have been met in preparation for the May 17, 2011 Council meeting.

Rezone Request for Parcels 11 and 12 from an R-4 to a C-4 Designation

Section 19-73 of Zoning requires that the Planning Board review and provide an advisory opinion to the City Council for all requests to amend current zoning. Specifically, the Planning Board provides to the City Council a statement of the general consistency of a proposed amendment to the City’s Comprehensive Plan (including goals and policy statements), consideration of the general purposes of Section 19-2 of Zoning, and a statement indicating whether a comprehensive plan amendment is necessary. Section 19-74 of the Zoning Ordinance requires that following a recommendation from the Planning Board, a petition to amend Zoning must appear before the City Council as a public hearing, which requires notice to be sent by certified mail to abutters within 200 feet and the public hearing is advertised in a newspaper once a week for three (3) consecutive weeks. All of the notification requirements have been met in preparation for the May 17, 2011 Council meeting.

Comprehensive Plan Consistency

As stated above, it is the intent of the petitioner for parcels 11 and 12 to be used as a retail use, specifically for the sale and storage of vehicles. The Comprehensive Plan Generalized Land Use plan designates parcels 11 and 12 of map 306, block 9 as Medium Density Residential. The subject parcels are abutting the retail corridor of Taunton Avenue to the north and located on the edge of a residential neighborhood that is located to the south of the Taunton Avenue. The Taunton Avenue retail corridor is present for almost the entire length of Taunton Avenue in an east/west direction from I-195 to the Seekonk town line. A variety of retail establishments and car dealerships are present within the corridor that includes Fox Toyota, King Richard’s Auto Center, Elmwood Dodge, and East Providence Mitsubishi.

The subject parcels are also located within the Taunton Avenue/Six Corners Critical Area of the Comprehensive Plan’s Land Use element which promotes retail uses, the re-use of vacant auto dealerships, parking lot landscaping, street landscaping, and recommends to maintain the medium density residential neighborhood that abuts the Taunton Avenue retail corridor to the north and south, see below.

Planning staff during the February 24, 2011 Planning Board meeting expressed concern regarding potential negative impacts to the four abutting residential properties (22 Kensington Street and 49, 55, & 61 North County Street) that may include stormwater runoff, direction/duration of lighting, and a lack of landscape buffering. As stated above, it is the intent of the applicant to propose measures to protect the residential properties following the approval of the highway abandonment, zoning map amendment, and comprehensive plan amendment, as part of the administrative subdivision review which will be needed to extinguish the property lines of parcels 11 and 12 to merge with parcel 8. The Planning Board is recommending that vehicles (i.e. tractor trailers and delivery trucks) be prohibited from accessing parcels 8 and 8.1 from Kensington Street to minimize negative impacts to the residential neighborhood to the immediate south.

Standards of Section 19-2 of Zoning

It is the opinion of the Planning Board that the petitioner’s request is consistent with the following standards of Section 19-2, Zoning:

·    Provide for a range of uses and intensities of use appropriate to the character of the city and reflecting current and expected future needs;

·    Provide for orderly growth and development which recognizes the goals and patterns of land use contained in the comprehensive plan;

·    Promote the implementation of the City’s Comprehensive Plan.

It is also the opinion of Planning Board that the request of the petitioner to rezone parcels 11 and 12 from a Residential-4 to a Commercial-4 designation is consistent with the Comprehensive Plan considering landscape buffering, drainage improvements and outdoor lighting (time, duration, and direction) will be addressed as part of a future administrative subdivision review and that a condition of approval be placed by the City Council to prohibit vehicles (i.e. tractor trailers and delivery trucks) from accessing parcels 8 and 8.1 from Kensington Street to minimize impacts to the abutting residential neighborhood to the south.

Comprehensive Plan Amendment

According to Rhode Island General Law § 45-22.2, “Rhode Island Comprehensive Planning and Land Use Act”, amendments to the City’s Comprehensive Plan may be initiated by the City or requested by an individual, business or agency, and only four amendments may be approved by a City Council per year. An amendment requires a public hearing by the Planning Board, which was held on February 24, 2011 for consideration of a recommendation to the City Council, and a separate public hearing to be held by the City Council for formal adoption. The notification requirement for a comprehensive plan amendment follows the same process as an amendment of a local ordinance, which requires the Planning Board’s public hearing to be advertised in a newspaper and the City Council’s public hearing to be advertised in a newspaper once a week for three (3) consecutive weeks. A display advertisement was placed in the East Providence Post on

April 14^th, 21^st, and 28^th that informed the public that a public hearing will be held by the City Council on May 17, 2011 to consider an amendment to the Generalize Land Use map of the City’s Comprehensive Plan for parcels 11 and 12, of map 306, block 9 and a portion of Hicks Street from “Medium Density Residential” to “Retail”.

The City’s Comprehensive Plan requires the following findings of facts to be made on all amendments to the text and maps of the Land Use Element:

1.         The development pattern contained in the Land Use Plan inadequately provides appropriate optional sites for the use proposed in the amendment;

2.         The amendment constitutes an overall improvement in the Comprehensive Plan and is not solely for the good or benefit of a particular landowner or owners at a particular point in time;

3.         The amendment will not adversely impact the community as a whole or a portion of the community by:

a.   Significantly altering acceptable existing land use patterns;

b.   Requiring larger and more expensive improvements to roads, sewer or water systems than are needed to support the prevailing land uses and which, there, may impact development of other lands;

c.   Adversely impact existing uses as a result of increased traffic on existing systems;

d.   Effect on the livability of the area or the health and safety of the residents.

4.       The amendment is consistent with the overall intent of the Comprehensive Plan.

Planning Staff stated during the February 24^th Planning Board that the applicant’s request to change the designation of parcels 11 and 12, of map 306, block 9 and a portion of Hicks Street from “Medium Density Residential” to “Retail” will not alter the existing land use patterns of the immediate area, require public infrastructure improvements, adversely impact adjacent or nearby land uses by an increase in traffic, impact the livability of the area, or the health and safety of the residents.

Recommendation

Street Abandonment

The Planning Board recommends that the City Council approve the applicant’s request to abandon the portion of Hicks Street that is shown on the plan set titled “Hicks Street Highway Abandonment”. 

X.      LICENSES NOT REQUIRING PUBLIC HEARING

A. Holiday Sales

B.  Carnival

C.  Sec/Auto Sales

XI.     New Business

A. City Managers Report

1.   Motion To:      Discussion of Financial Impact Statement relative to tentative agreements between the City of East Providence and Local 850, International Association of Fire Fighters, AFL-CIO.

COMMENTS - Current Meeting:

The City Manager called on Counselor Ursillo to address this contract.  The arbitration proceedings changed to discussion of negotiated settlement covering a multi-year contract.  It took a long time because there were quite a few issues which needed to be addressed.  We have indeed reached a tentative agreement.  A financial impact statement is before Council and was publicized.  For the four year duration of the contract there will be 3.2 million dollars in savings to the City.  There are certain items that will bode well for the City's future budget the change to a H.S.A in the health insurance benefit is going to save the City several hundreds of thousands of dollars.  The City of EP in many ways is a trail blazer in this regard.  He added he is aware of only one other town in the State to go forward with this and they are seeing these savings so these are real savings.  They will be increasing their co-share.  The percentage is substantially greater than what they are paying today.  Regarding overtime resulting in compensatory time there will be a cap at 96 hours a year.  For the first time there will be health care changes, building a bank to draw upon as the City pays retirees their healthcare benefits.  This has set a new foundation not only to save the City this round but also to build upon it in the future.  This is a fair agreement to both sides and is a win/win. This contract covers Nov 2009-Oct 2014.

Councilman Conley thanked Counselor Ursillo echoing the landmark contract that was crafted particularly the H.S.A changes. 

The Mayor also stated it was a tremendous contract and added that the firefighters protect us on a daily basis and are giving back savings to the City, adding this is a fine example of contract negotiations at its best. 

The motion includes in the approval of a contract that runs from Nov 1 2009-Oct 31 2011, and from Nov 1 2011- Oct 31 2014 and finally the memorandum of agreement which is amended thereto to those contracts, three documents which are being approved. 

2.   Ratification and adoption of tentative contracts and Memorandum of Agreement between the City of East Providence and Local 850, International Association of Fire Fighters, AFL-CIO for the term November 1, 2009 through October 31, 2014.

3.   Motion To:      Proposed CDBG Budget Approval

COMMENTS - Current Meeting:

David Bachrach the Community Development Coordinator was called up to testify.  Stating this is a follow-up from April 5th regarding the proposed CDBG Budget.  A 30 day comment period was held, there are no changes in the recommended budget and he is requesting approval.  However, he wants to add that HUD has not yet provided the final allocation this year due to the budget problems but this should be very close, as it is projecting a 16% cut as advised by HUD.  If it goes slightly up or down it will be distributed evenly to the programs based on their percentages. 

The Mayor thanked Mr. Bachrach and all those that came forward to speak on their items. 

4.   Tax Reduction Exxon Mobil

The City Manager asked that this be deferred to the next meeting as he has not yet been briefed on it by Assistant Solicitor Craven who is working on this item. 

The Mayor added that just to keep people updated he is requesting this due to an ongoing abatement given to Mobil by the City, to receive proper information on why they are receiving this abatement of $140,000.

5.   Motion To:      Sale of Grove Avenue School

COMMENTS - Current Meeting:

The City Manager stated that the City has finally closed on the sale of Grove Avenue School and it will be up to the council on what they want the City Manager to do with the money.  If the Council feels it should go to the School Committee then he is asking that the City get a list of the most pressing bills and that the City send the money over specifically to pay those vendors. 

The previous City Council voted to send this money to the School Department this has been in their budget several times. 

School Committeewoman Rossi came up to speak on the subject.  She stated that the money was supposed to go to the operating budget voted as such by a prior Council. 

The City Manager stated the School also received rental on this property of almost $400,000. The City would like the funds from this sale to go to payment of bills. 

Ms. Rossi said the rental coming in over a period of years was small, due to repairs, maintenance etc...

The Mayor stated that Council anticipated the money was the Schools and it was still a school building, your deficit is our deficit, and I will support giving you the money. 

The Assistant Mayor agreed stating that no matter if you use the money now or pay the bills later it's all the same pot.

Councilman Conley stated the history is pretty clear, it's not a pie in the sky expectation that the proceeds would be in their budget.  The budget that is passed for this year, as approved by the City Council, includes these funds.  So essentially there is a $450,000 hole in the budget because of what was approved at that time.  If the proceeds are a little bit more than that then I am prepared that not just the $450,000 be allocated but the net proceeds of the sale be allocated and distributed to the School Department. 

This motion is made by Councilman Conley to be sent forthwith to the School Department for the payment of delinquent and outstanding bills.  Adding we cannot line item them, they know their priorities better than we do. 

Councilwoman Kleyla echoed these statements. 

B.  Reports of Other City Officials

1.   Claims Committee Report (by Assistant Solicitor Robert Craven)

2.   Dean Ross vs. EP City Council – OMA Complaint (by Assistant Solicitor Robert Craven)

Assistant Solicitor Craven asked that this be deferred as he could not be here tonight. 

C.  Council Members

1.   TLA/Pond View Walk Update (by Mayor Rogers)

The Mayor discussed his walk through the area along with Jack Walsh and Brian Dunn an Environmental Inspector.  He thanked the residents that came out to speak with him.  Complaints were given of dust, noise and odors.  The Mayor stated this dust should be examined as to whether it is from traffic or Pond View.  One resident did agree to allow the dust to be tested as the cost of Pond View.  

There is a two ton limit on that street.  I didn't see a truck of any sort, however I was there on a Saturday in order to meet people when they would be home.  It is worth noting that Pond View was operating at full force on that Saturday until 12 noon.

If the dust being tested is Pond View, if it is toxic, I want to negotiate a solution with the company.  Regarding the noise, I didn't hear any from the plant.  Traffic noise was from general traffic and I will need to go back during the week to see if I can hear any other noise.  I will be back a number of times until I am convinced if there are or not violations. 

I did not smell anything on that day.  I was told perhaps I should come back on specific days and specific weather conditions, so I will go back. 

Some people said it is ugly, I suggested a large wall with tall vegetation.  But most residents said no because they would not be able to see what they were doing beyond that wall.  

I was shown a dead fish in the water.  I have a letter from DEM stating that there have been a small number of fish kills in the river system which concludes the fish deaths were probably the result of spawning stress and oxygen deficiencies given that no odors or chemical sheens were found. Pond View let the Mayor know that on a regular basis they test the water and if the Mayor wanted that increased they would do it as well.  They have also set up air quality testers per DEM.

I have asked any of the residents if they have any documentation or complaints on file to please give them to me, I have not received any yet. 

My idea is to sit down and work with Pond View, if violations exist lets corrects them if the residents have issues we can work with the company to work them out.  The law suits have not panned out and it is costing more and more money for everyone. 

2.   Providence Journal Mandatory Thursday Paper Delivery Update  (by Mayor Rogers)

The Clerk was asked to give an update.  A survey was put up on May 9th and would run for one month until June 9th 2011 at which time the City will submit a letter to the Providence Journal.  The Clerk read the wording of the survey. 

3.   Flag Day and Day of Portugal (by Mayor Rogers)

The Mayor stated that up until a couple of years ago we always had this event.  I would like to bring this back. This year it will be held on June 14 which is Flag Day at 11am.  The co-chairs are Andy Braga and Elmer Pina our Affirmative Action Coordinator.  There will be food both American and Portuguese, entertainment, flag raisings, national anthems and speeches. Anyone who wishes to assist please get in touch with the City Clerk who is also a member of the Committee. 

4.   Motion To:      View Point, View Permit Program, Permitting Software (by Mayor Rogers

COMMENTS - Current Meeting:

The stated that this has been going on for quite some time.  We have businesses who want to come into our City and one of their main objections is the length of time it takes to get permitting.  Software went out to bid on February 26, 2010.  It was approved with all departments in attendance.  The bid chosen was View Point.  The final contract was given to the Law Department for final review.  This is a state of the art program much advanced from what we currently have through Admins by allowing businesses to apply on line and fast track permits.  The voucher in on the City Manager's desk and I want to know why we have signed this voucher. 

I am respectfully requesting the City Council make the request of the City Manager to sign this voucher. 

The City Manager stated he is working on reducing our debt, looking at a system that can be used by the School and the City.  Admins is a good program, its slow but it's good.  The City and the School both have Admins. There is no reason why we can't upgrade Admins.  The new Finance Director coming in should have some say on this too.  He added he is in no hurry to spend money in the City right now.  We have a surplus because I am not spending.  Give me some time to work on it.  In one month Washington Trust came in and was ready to go.  That is fast permitting. 

The Mayor stated the bids were presented, selected and approved, all the departments including finance were involved and Admins does not have a tracking system.  It's been approved and the dollars are there. Since December 1st we have been doing this. 

Councilwoman Kleyla echoed these statements and added that during the IT Work Session this was already discussed.

Councilman Conley added that last December he brought this up as a very important issue and that this permitting program was discussed extensively at that meeting. Weigh the amount of money the system costs vs those businesses that are very critical in going through our permitting process.  This is a structural issue that in this day and age they cannot access this information.  This new system is an invitation to business to come into our City.

The motion is to request the City Manager to sign the contract on his desk.

5.   Permits for Bond Work for School Department (by Mayor Rogers)

School Committeewoman Rossi was called back to the podium.  Ms. Rossi stated that there are a number of life safety issues for the schools.  The $15 million dollars in bonds were approved for this reason. Johnson Controls in addition has a $12 million bond reimbursed by the Federal Government.  Close to $30 million dollars all together.  Along with this work comes pulling permits.  I assumed the City would not charge itself for these permits.  In the Buildings Department the contractors are instructed to go to the City Manager's office to receive waivers.  However, with the Fire Department we are not sure.  In addition, we cannot waive the State Fees.  They receive $1 per thousand.  If there is anything that the City Council can do to help defray our costs that would be more money we can use for the project.

The Mayor stated that he researched this through the Law Department and as a statement of policy we are not supposed to be charging the schools.  He added that he asked Mary King to keep this on file in case she is ever asked by a City department to pay a permit fee.  In an extensive project like this he would like to refer this to the City Manager's office in case the employee has to justify the amount of time spent on that project so that there is a paper transaction. 

The City Manager stated that he stumbled upon $65,000 that was left behind by various businesses in the permit account from past years. 

The City Manager echoed the Mayor's statements that we do not want to double charge ourselves and to refer the item to his office and he will report back to the Council. 

6.   Waddington School Playground Update (by Councilman DiGioia)

Councilman DiGioia is not present but asked Councilman Conley to speak on his behalf.  Councilman Conley stated that earlier today the DiGioia's had a new baby boy, Nicholas.  Councilman DiGioia asked on his behalf to congratulate the parents and the voters who were successful in getting the $15,000 grant for Waddington School for the playground.  He wants to thank everyone who helped.  Waddington went from 8th place to 1st place.

School Committeewoman Rossi stated that they have raised close to $8,000 and when you add this $15,000 grant and one last fundraiser they will be in great shape to get the balance needed for the playground by September.  Over 200 people have signed up to be there on build day.  John Bell and company worked tirelessly all over the community on this project. 

7.   City Manager Search Committee Update (by Councilman DiGioia)

Councilman Conley stated that Councilman DiGioia asked him to hand this off to Dr. Ramos the Chair of the City Manager Search Committee.

Dr. Ramos stated this is a critical stage of the evaluation of the resumes for qualifications.  There are 59 applicants which have made the first qualification cut.  Each Committee member now has to review all 59 applications and evaluate them using the specific criteria.  This will be completed by next week.  Following that a computer program will give an average on every candidate.  Once that average is obtained we will select 15 applicants and we will begin the interview process via Skype when necessary with the help of Lori Fox and Kim Casci. Following this, 10 qualified names will be submitted to Council and we hope to have this task completed by the last week in May or the first week in June. 

The Mayor stated that whenever the Committee gets close to that date for the report he would like to request from the Council that they take that weekend to put aside for reviews and to choose our City Manager on that weekend. 

8.   Deficit Elimination Committee Status Report (by Councilman Conley)

Councilman Conley stated that they have had their second meeting.  They have received reports from the City Manager and the Finance Director from the School Department.  The draft audit will show a deficit of about $6.3 million dollars.  We have an analysis of un-budgeted expenses occurred and the projections.  On the City side these expenses are about $2.5 million dollars.  The City Manager broke that down into all the specific areas these were being realized.  The School Department provided where revenue was not going to be realized.  These were not balanced budgets but rather were significantly under-funded.  What that means in the larger picture, it will show that accumulated $6.3 million dollar deficit.  A deficit elimination program will have to reflect this and be presented to the Auditor General.  Our task is not only to propose the deficit elimination program but also come back and talk to you about the deficit that exists in this fiscal year and what we can do with this.  This year's projected deficit added to the previous is about $10.9 million dollars combined.  We have asked both sides to work on 5 year projections, revenue enhancements and savings to be included.  We need to identify the structural causes for these deficits.  We are creating a $1.4 million dollar deficit in the waste water fund, that is an enterprise fund but eventually the general fund must come to the rescue of the enterprise fund.  The $3 million allocated for NBC is really $4 million. In addition, the anticipated revenue for the expenses that were foreseeable just simply aren't coming in. The next meeting is scheduled for May 26 at the request of both sides due to the enormity of the task we are asking them to do. 

D. Resolutions

E.  Communications

XII.   Adjournment

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

1.   Motion To:      Motion

Approved By Council:  October 4, 2011

Attest:  ___________________

                        City Clerk