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.       Claims and Litigation

Pursuant to R.I.G.L. § 42-46-5(a)(2)

2.   Agenda Item (ID # 1403)

Claims and Litigation

David S. Coletta

Robert W. Dodd

Nancy M. Escobar

Joseph D. Flores

Dorothy Hitt

Manuel F. Jorge

Travelers Home & Marine Ins. Co.

East Bay Ice Company

City of East Providence vs First American Title Ins. Co.

3.   East Providence Education Association Proposal

4.   Deficit Elimination Plan

II.         Regular Meeting

III.        Call to Order

IV.        Salute to the Flag

V.  CONSENT CALENDAR

A.       Letters

B.       Council Journals

1.   Executive Sessions May 17, 2011 and June 7, 2011

May 17, 2011

June 7, 2011

C.       Abatements/Cancellations

VI.        Public Comment

1. Liza Duval - Right of Way

2. Robert Duval - White Avenue Right of Way

3. Joel Simmons - White Avenue Right of Way

4. Tabatha Glavin - White Avenue

These residents decided to wait to speak as part of the Right of Way listed further on the docket. 

5. Tom Riley - Televise School Committee

VII.       Proclamations & Presentations

1.   Proclamation Proclaiming November the Chorus of East Providence Awareness Month.

2.   Mayor requests change the order of business to move the Right of Way White Avenue up on the Docket and there is no objection.

3.   Right of Way White Avenue

Testifying:

 1. Liza Duval, 85 White Avenue

2. Robert Duval, 85 White Avenue

3. Joel Simmons, 81 White Avenue

These three residents were testifying to the fact that Ms. Glavin's fence is blocking the right of way. 

4. Tabatha Glavin, 61 White Avenue

5. David Tanuary, 65 White  Avenue

These two residents were testifying that the fence, as confirmed by the previous Solicitor Briden, prevented an attractive nuisance which is the direct drop of a cliff to the water, along a very narrow path, which is not kept up by the City of East Providence.  

4.   Mayor requests return to the regular order of business and there is no objection.

VIII.      Public Hearings

IX.        Ordinances – Final Passage

1.   An Ordinance Regarding Dog Licensing for Disabled Individuals  An Ordinance in Amendment of Chapter 3 of The Revised Ordinances of the City of East Providence, Rhode Island, 1998, as Amended, Entitled “Animals.”

An Ordinance Regarding Dog Licensing for Disabled Individuals  An Ordinance in Amendment of Chapter 3 of The Revised Ordinances of the City of East Providence, Rhode Island, 1998, as Amended, Entitled “Animals.” -

THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:

            SECTION I.  Subsection (a) of Section 3-35 entitled Dog License; fees; penalty; senior citizen discount.” of Chapter 3 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Animals” in amended to read as follows:

            (a)  Every owner or keeper of a dog shall annually in the month of April cause that dog to be licensed from the ensuing May 1 in the office of the city clerk; and shall pay the city clerk for the license, so issued, $10.00. Additionally, there shall be a $1.00 surcharge for each dog license issued by the municipality which shall be deposited in the city's spay/neuter account to fund low-cost spay/neuter programs. In addition, the municipality shall charge an additional fee of $2.00 per license, that fee to be used exclusively by the city for the enforcement of laws pertaining to animals; for a total of $13.00 per dog license {R.I.G.L. 4-13.1-9(d)}; with the exception of a person who shows proof of a disability and senior citizens who shall, upon proof that they have attained the age of 65 years, pay the sum of $5.00 for said license. All licenses issued shall be valid in every city or town during the then current year; provided that any person, who shall become the owner or keeper of a dog, shall cause such dog to be licensed as aforesaid within 30 days after the person becomes the owner or keeper; provided further, that the city clerk shall not issue any license under this section unless the dog has been inoculated against rabies for the period during which such license would be valid, and has provided proof that the dog has been spayed or neutered, or has a written report from a licensed veterinarian stating that the life of the dog would be jeopardized by the spay/neuter surgery and that this health condition is likely to be permanent.

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

2.   Ordinance Regarding Increases in Licensing Fees  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”

Ordinance Regarding Increases in Licensing Fees  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” -

THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:

SECTION I.  Subsection (b) of Section 8-5 entitled “Closing hours for businesses.” of 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 as follows:

            (b)        Victualing houses and bowling alleys; permit required for extension of closing hours. No licensed victualing house or bowling alley shall be kept open between 1:00 a.m. and 4:00 a.m. during the last six days of the week without first obtaining a special permit from the city council extending the closing hour beyond 1:00 a.m. Such special permit may be granted for a probationary period or with such conditions and terms as the city council may provide. The fee for such permit shall be $100.00 125.00.

SECTION II.  Section 8-27 entitled “Business licenses and permits generally.” of Article II entitled “Miscellaneous Business and Occupational Licenses and Permits” 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 as follows:

Sec. 8-27. Business licenses and permits generally.

Licenses and permit fees for the following types of businesses are hereby fixed as follows:

SECTION III.  Section 8-28 entitled “Occupational licenses and permits generally.” of Article II entitled “Miscellaneous Business and Occupational Licenses and Permits” 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 as follows:

Sec. 8-28. Occupational licenses and permits generally.

The license and permit fees for the following enumerated occupations are hereby fixed as follows:

SECTION IV.  Section 8-29 entitled “Caterers.” of Article II entitled “Miscellaneous Business and Occupational Licenses and Permits” 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 as follows:

Sec. 8-29. Caterers.

License fees for the carrying on of a catering business by mobile units are hereby fixed at $100.00 125.00 for each unit.

SECTION V.  Section 8-30 entitled “Hotels, motels and roominghouses.” of Article II entitled “Miscellaneous Business and Occupational Licenses and Permits” 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 as follows:

Sec. 8-30. Hotels, motels and roominghouses.

The annual license fees for the operation of a hotel, motel or roominghouse are hereby fixed as follows:

            (1)        Hotels, having the following number of guest rooms:

                (2)           Motels, having the following number of units:

            (3)        Roominghouses           15.00 30.00

SECTION VI  Subsection (c) of Section 8-31 entitled “Sunday sales and holiday sales.” of Article II entitled “Miscellaneous Business and Occupational Licenses and Permits” 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 as follows:

Sec. 8-31. Sunday sales and holiday sales.

            (c)        The fee for each holiday license shall be $100.00 125.00 paid to the city clerk upon obtaining the license.

SECTION VII  Section 8-32 entitled “Taverns and victualing houses.” of Article II entitled “Miscellaneous Business and Occupational Licenses and Permits” 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 as follows:

Sec. 8-32. Taverns and victualing houses.

The license fee for serving of food at diners, restaurants, taverns and other food dispensing establishments is hereby fixed according to classification. There shall be three classes of victualing licenses, and the fee for each class license shall be based upon the capacity of the licensed premises to accommodate the serving of food at any one sitting and the establishment of a minimum fee for those premises where seating is not available. Such classes and the fees for classes are hereby fixed as follows:

            (1)        First class, capacity to serve 51 persons or over . . . . . $150.00 175.00

            (2)        Second class, capacity to serve 26 to 50 persons . . . . . 125.00 150.00

            (3)        Third class, minimum and one to 25 persons . . .        . . 75.00 100.00

SECTION VII.  Section 8-66 entitled “Amusements generally.” of Article IV entitled “Amusements” 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 as follows:

Sec. 8-66. Amusements generally.

License fees for the following forms of amusement and entertainment are hereby fixed as follows:

SECTION VIII.  Subsection (b) of Section 8-69 entitled “Dancing and entertainment in establishment selling alcoholic beverages.” of Article IV entitled “Amusements” 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 as follows:

Sec. 8-69. Dancing and entertainment in establishment selling alcoholic beverages.

(b)        Whenever the city council shall grant an annual license permitting dancing or any other type of entertainment, the fee for such license shall be $150.00 175.00.

SECTION IX.  Section 8-371 entitled “Fee.” of Article XIII entitled “Private Detective’s License” 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 as follows:

Sec. 8-371. Fee.

No license under this article shall be issued until the applicant pays to the city clerk a license fee of $150.00 160.00 per annum on December 1 of each year. The city council may authorize proration of the license fee in a proportionate amount when the initial application is granted during the course of the year, in no event shall the fee be less than $25.00.

SECTION X.  Subsection (c) of Section 8-523 entitled “Procedure for licensing.” of Article XIX entitled “Wrecker and Towing Services” 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 as follows:

Sec. 8-523. Procedure for licensing

            (c)        Whenever an application is filed with the city clerk, the applicant shall pay at the time of filing of such application a license fee of $25.00 50.00.

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

3.   An Ordinance Ordering the Assessment and Collection Of Property Tax on the Ratable Real Estate, Tangible Personal Property and an Excise Tax on Registered Motor Vehicles and Trailers

An Ordinance Ordering the Assessment and Collection Of Property Tax on the Ratable Real Estate, Tangible Personal Property and an Excise Tax on Registered Motor Vehicles and Trailers

THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:

SECTION I.  That the City Council of the City of East Providence hereby orders the assessment and collection of a tax on ratable real estate, tangible personal property and an excise tax on registered motor vehicles and trailers in a sum not more than  Ninety-nine Million Three Hundred Thousand ($99,300,000) dollars nor less than Ninety-eight Million Three Hundred Thousand ($98,300,000) dollars. Said tax is for ordinary expenses, for the payment of interest and indebtedness, in whole or in part, of said city, and for other purposes authorized by law.

The Tax Assessor shall assess and apportion said tax on the inhabitants and ratable property of said city as of the 31st day of December, 2011 at twelve o'clock Eastern Standard Time, according to law, and shall on completion of said assessment, date and sign same and shall make out and certify to the City Treasurer of the City of East Providence, who is charged with the duties for the collection of taxes, on or before the 15th day of June, 2012 complete list of the names of the persons taxed and of the total value of all the real estate and personal property assessed against each person, and also the amount of registered motor vehicles and trailers assessed against each person, and also the total amount assessed against each person on said real estate, personal estate and registered motor vehicles and trailers, opposite the name of the person or persons assessed.  Upon receipt of the certified tax list by the City Treasurer, he shall proceed and collect said tax on the persons and estates liable thereof; said tax shall be due and payable on and between the 1^st day of June 2012 and the 1st day of July, 2012 and provided further that if said tangible personal property, motor vehicle, and real estate taxes are paid in full on or before the 1st day of July, 2012, a discount of three per centum (3%) of the total taxes on said tangible personal property, motor vehicles, and real estate shall be granted, and all taxes remaining unpaid on the 1st day of July, 2012 shall carry until collected a penalty at the rate of twelve per centum (12%) per annum from the 1^st day of June, 2012 upon said unpaid tax, however, said taxes may be paid in four installments; the first installment of twenty-five per centum (25%) on or before the 1st day of July, 2012, the second installment of twenty-five per centum (25%) on or before the 1st day of September, 2012, the third installment of twenty-five per centum (25%) on or before the 1st day of December, 2012 and the fourth installment of twenty-five per centum (25%) on or before the 1^st day of March, 2013.

Each installment of taxes if paid on or before the last day of each installment period successively in order shall be free from any charge of interest.

If the first installment or any succeeding installment of taxes is not paid by the last date of the respective unpaid balance period or periods as they occur, then the whole tax or remaining unpaid balance of the taxes as the case may be shall immediately become due and payable and carry until collected a penalty at the rate of twelve per centum, (12%) per annum.

The City Treasurer shall, by advertisement in the public newspaper having circulation in the City of East Providence, notify all persons assessed to pay their respective taxes at his office on and between the said 1^st day of June, and the 1st day of July, 2012 both days inclusive; said City Treasurer setting forth the hours during which his office shall remain open to receive said taxes.

SECTION II.  That any of said taxes not paid on or before the 1^st day of March, 2013 shall forthwith be collected by levy upon the sale of real estate upon which it is assessed and by that or other due process of law in case of assessment upon personal property.

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

Requested by: Ellen Eggeman

X.         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.

XI.        New Business

1.       City Managers Report by City Manager Peter Graczykowski

2.   East Providence Fire Fighter Safer Grant by City Manager Peter Graczykowski

The City Manager gave a brief description of the Safer Grant.  He stated that the cost with respect to the Deficit Reduction Plan and the balance budget over the next 5 years will not allow for the acceptance of this grant.  If there were the same number of definite retirements in the future then the City could do it however we can only say with surety there will be 5 retirements not 12. That leaves 7 extra positions.  The grant doesn't pay for overtime cost, training cost, equipment, physicals or uniforms or the long term commitment, including the health care and benefits etc...The up-front costs alone are $70,000. While there are no costs for 2 years when you add the additional 3 years in the City would be paying $121,000 per employee, that's $850,000 per year.  I do not authorize acceptance of this grant. 

Chief Klusnik was called to the podium.

Councilman DiGioia raised questions regarding the fact that Council previously authorized this grant and the numbers Council was shown were a savings to the City.  He asked where the City Manager and the Finance Director received their calculations.

Finance Director Eggeman stated her calculations are for the average cost of a fire fighter salary which she did by adding all salaries and dividing the number of fire fighters. 

The City Manager added that the reasonable question we could ask the feds would be to have assistance to fund the salaries and benefits for those we know are definitely retiring but not more than that, it is impossible. 

Chief Klusnik stated that the average salary analysis done by the Finance Director took into account fire fighters of higher rank and higher salary.  He passed out a packet he had to Council.  Adding that currently the City is paying out a lot of money in overtime costs and this grant would enable them to get past that. 

Councilman DiGioia wanted to know if Council already passed this why we are talking about removing it today.

Mayor Rogers stated he remembered the motion as being sent back to the City Manager to proceed but also to continue to review. 

The City Manager stated at the time you may have thought you could afford this but the data was incomplete and with the current deficit reduction plan we need to issue to the State and the fact that the State was very specific to us not to make any new hires we just cannot accept this grant. 

Councilman Conley stated that he remembers that the Acting City Manager suggested that we move forward and meet with the Fire Department regarding the terms of the new hires.  Council made the motion to accept the grant with the analysis which was provided which showed a savings to the City.  Has anyone looked at past data showing how many fire fighter employees choose retirement earlier than the forced age?

No one present had this data. 

Councilman Conley asked for the fiscal year overtime amount.

The Chief indicated at last view it was $2.65 million. 

Councilman Conley asked if the analysis showed that hiring these fire fighters would reduce the overtime. 

The Chief called Lts Carey and Bayou to the podium. 

They stated that the Fire Department is down 13 vacancies and at the end of 5 years will be down 17 vacancies.  Without hiring any additional fire fighters the cost would be $5,585,000 the cost saving to hire would be $3,651,000 if you weigh that against the cost it's a savings of over $2 million. 

Councilman Conley stated these numbers are very much in line with what we heard previously. 

The City Manager stated that while he appreciates all the work that went into crunching these numbers the analysis relies on the fact that we are going to have all these vacancies when we only know for sure we are going to have 5.  If we can get the 5 then that works.  The $121,000 in overtime is only costing me $28,000 overtime is always cheaper than full funded positions. 

The Chief stated that a lot of overtime is reimbursed such as HSMT and training, $550,000 was brought in via training.  With these grants we are trying to plug addition gaps in overtime to eliminate much of what the City is paying out. 

Mayor Rogers stated that the issue that is missing here is that the Auditor General told us not to make any new hires or there is the threat that the State will come in. 

The City Manager added that he put in a hiring freeze right after taking office and this was directly related to the Deficit Reduction Plan per the State. 

Mayor Roger's asked the Solicitor if in the past the Council had voted to award the grant did they need to reverse that vote.

The Solicitor stated they did not and they should abide by the City Manager's hiring freeze.

Mayor Rogers added this is a very serious situation that we are in. I support eliminating the overtime however things have changed since we originally discussed this and I don't support the State coming in and taking over, I want these decisions to be in local hands. 

Councilman Conley stated the letter said no new hires unless through the City Manager, if they City Manager is telling us there is a hiring freeze that's fine but unless we are missing something here the analysis showed a cost savings, a savings that would be part of the deficit elimination plan.  Before we abandon the proposal we should look at it more closely. 

Mayor Rogers asked that the City Manager and Finance Director review for savings one more time and bring back to Council. 

The City Manager agrees.

The Chief adds they are just trying to assist the City to save monies.

3.   A five minute recess is called.

4.   Key Government Finance, Inc. - Telephone Contract

The City Manager asks that this item be deferred just until the next meeting as we have a new IT Director and he wants to give her the opportunity to review the contract. 

5.   Update on United Water Proposal

The City Manager stated he was looking into this contract along with guidance from the State on a one time revenue source of roughly $1 million as part of an extension of the contract with United Water and he would be updating the Council on this progress. 

6.       Reports of Other City Officials

1.   School Committee Update by Council Liaison School Committee Member Chrissy Rossi

School Committee member Chrissy Rossi provided details regarding the Town Pride Parade being held on November 4th at 5:30pm at Pierce Field and gave the details regarding the barn fire.   She also discussed the advertising now taking place in the Schools and on the website. 

More information can be found on line at www.epschoolsri.com

2.   Claims Committee Report by City Solicitor Orlando Andreoni

Pursuant to R.I.G.L. § 42-46-5(a)(2), a motion is made by Councilman Rose and seconded by Councilwoman Kleyla 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

                TUESDAY, NOVEMBER 1, 2011; ROOM 101; 6:45 P.M.

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

                NEW CLAIMS

DAVID S. COLETTA              $4,157.58

RM No. 11-071, Claim No. 11-049

Claim for property damage sustained when a tree limb fell onto the roof of the claimant’s vehicle.  Recommend referral to insurance carrier.

Motion by:  Councilwoman Kleyla                          Seconded by:  Councilman Rose

Motion:   Refer the claim to the insurance carrier.

ROBERT W. DODD $3,300.00

RM No. 11-074, Claim No. 11-054

Claim for property damage sustained from tree limbs that fell onto the claimant’s shed and fence during tropical storm Irene.  Recommend referral to insurance carrier.

Motion by:  Councilwoman Kleyla                          Seconded by:  Councilman Rose

Motion:  Refer the claim to the insurance carrier.

NANCY M. ESCOBAR            $1,150.90

RM No. 09-110, Claim No. 11-045

Claim for removal of two liens placed on the claimant’s property for expenses incurred by the City from an incident which occurred in January 2009.  See recommendation from the Director of Public Works.

Motion by:  Councilman Rose                 Seconded by:  Councilwoman Kleyla

Motion:  Release the lien on the property.

JOSEPH D. FLORES                $25,000.00

RM No. 10-083, Claim No. 11-051

Claim for personal injuries and property damage sustained as a result of an accident with a fire department vehicle.  Recommend referral to insurance carrier.

Motion by:  Councilwoman Kleyla                          Seconded by:  Councilman Rose

Motion:  Refer the claim to the insurance carrier.

DOROTHY HITT    $500.00

RM No. 11-069, Claim No. 11-048

Claim for reimbursement of insurance deductible paid as a result of damage sustained when a tree limb fell onto the claimant’s vehicle during tropical storm Irene.  See recommendation of the Assistant Superintendent of Parks.

Motion by:  Councilwoman Kleyla                          Seconded by:  Councilman Rose

Motion:  Deny the claim.

MANUEL F. JORGE                $2,289.00

RM No. 11-070, Claim No. 11-050

Claim for property damage sustained to claimant’s boat which was struck by a fire department boat while pulling away from the dock at the East Providence Yacht Club.

Motion by:  Councilman Rose                 Seconded by:  Councilwoman Kleyla

Motion:  Approve the claim in the amount of $2,289.00.

7.       Council Members

1.   Bi-Weekly Update Mayor Rogers

The Mayor requested that the Law Department please review the Tax Board of Review guidelines to see if they can handle hardship cases as they relate to water shut-offs. 

He discussed the consolidations which have already taken place and those to come, namely Finance and Human Resources and there may be more.  He added that the State feels that the consolidations are a very good step forward to keeping the State from coming in. 

The Mayor asks the School Committee to please look harder to find cuts or the State will come in.

Discussion ensues regarding whether or not it was legal for the School Committee to submit a budget with a $7 million deficit. 

The City Manager, Solicitor and Finance Director weighed in saying that the School Committee submitted the budget with the $7 million hole for the City to fund but the City doesn't have the money and the School Committee knew that, however the thought is that technically it may not have been illegal.

The City Manager adds that the internal audit at the School Department has begun.  The findings of the audit will be used as part of the 5 year plan to be submitted to the State.  The State is well aware of the audit. 

2.   Vally Towing Report by Mayor Rogers

The Mayor states that the Zoning Officer is reviewing a number of complaints from the neighbors regarding this business particularly that they are storing a large number of cars.  The Zoning Officer is working with the business and if it cannot be resolved will cite them.  The Mayor will keep resident abreast of the situation. 

3.   Trash Talk by Assistant Mayor Rose

Assistant Mayor Rose asked that this item be deferred to the next Council meeting on November 15th.

4.   Orlo Avenue Playground by Mayor Rogers

Mayor Rogers explains that they are applying for a grant similar in scope to the one for the Waddington Playground which was won and built.  The contact is Nicole Estrella and the Mayor gives directions to residents on how to vote on line and text your vote, by doing so you can vote twice every day. 

8.       Communications

XII.       Adjournment

1.   Motion To:      Adjourn

Approved by Council:  March 6, 2012