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| CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING Tuesday, February 28, 2012 6:45pm Executive Session 7:30 PM Regular Council Meeting |
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I. Executive Session
1. Claims Committee
Litigation
1.Sean Sullivan vs. City of East Providence
New Claims
1.Edward Kosowski
II. Call To Order
1. The Mayor requests a moment of silence for two retired city workers who recently passed away.
III. Salute To The Flag
IV. Consent Calendar
1. Letters
1.Resolution from the Town of East Greenwich in opposition to House Bill 7250 regarding expired teacher contracts.
2.Resolution from the Town of Scituate in support of House Bill 7055 to increase the number of voters per voting precinct from 1900-4000.
3. Resolution from the Town of Hopkinton in support of House Bill 7055 to increase the number of voters per voting precinct from 1900-4000.
4. Resolution from the City of Pawtucket in support of House Bill 7055 to increase the number of voters per voting precinct from 1900-4000.
5. Resolution from the Town of Little Compton in support of House Bill 7055 to increase the number of voters per voting precinct from 1900-4000.
6. Resolution from the Town of Richmond in support of House Bill 7055 to increase the number of voters per voting precinct from 1900-4000.
2. Council Journals
1.September 2, 2011
2.September 8, 2011
3.September 20, 2011
4.October 18, 2011
5. October 25, 2011
6. November 1, 2011
7.November 15, 2011
8. November 29, 2011
10. December 20, 2011
3. To approve the Conesnt Calendar.
A motion to approve the Consent Calendar minus the Council Journals which will be deferred until the next meeting to give Council a longer time to review is made by Councilwoman Kleyla, seconded by Assistant Mayor Rose and on roll call vote it is unanimous.
On discussion the Mayor takes up the resolutions from various cities and towns listed on the Consent Calendar for H7055 requesting polling places be allowed to have increased voters and asks for a resolution to be drafted from the Law Department to be sent to the Senate.
V. Public Comment
Prior to the Public Comment the Mayor addresses the audience regarding the School Sports issue and placing them back in the budget for now and they will look for suggestions and alternatives for funding.
As a point of order Councilman Conley states regarding the Mayors comments his understanding is that the vote was 5-0 to remove the sports. If the Commission voted to remove this how is it that it is still there?
The Mayor said the Budget Commission works by consensus so there is no official vote. This item was part of the B & E Report which this Council voted 5-0 to send to the School Committee and the Budget Commission. The Council never received it back so it went to the Budget Commission. The first item which came up was All Day K and after input from the School Committee it was decided the Commission would fund All Day K and look for alternative ways to fund it in the future. The students came and convinced me that School Sports was needed both for sports and for development. At that point, I stated that I wanted it to go back in to be funded and I emailed the Chairman and he said just by my saying that I wanted it, it went back in. It is in the budget in parenthesis as this topic still needs more discussion and the Chairman will come back with how we will fund it.
Councilman Conley stated it was removed 5-0 and there was not another meeting to put it back in and I support Middle School Sports as well but I don't know how it is back in.
The City Manager stated that yes they are making decisions by consensus and it has a working budget docket, booking it in a certain way portrays it as an item under discussion still and that is where sports are. We have to erase the deficit and we have to find a way of funding all that we want to support.
1. Robe Bower - United Methodist Tax Assessment defer to later in the docket
2. Joey Millard - United Methodist Tax Assessment defer to later in the docket
3. Nina Tavares - Cutting Sports
4. Jaina Alves - Cutting Sports
5. Mya Lemos - Cutting Sports
6. Donna Tavares - Cutting Sports
7. John Rossi - Budget Commission
8. Shawn Rodrigues - Budget Commission
9. Tim Riley - How Many Honey Pots?
Unanimous Consent is requested by Councilman DiGioia to thank all the people for coming out tonight and to address Middle School Sports but this is not granted as it would set a precedent in being able to comment on the public comment portion of the docket against the Council Rules of Procedure.
VI. Proclamations and Presentations
A.Ana Linhares of Ana’s Bridal, Warren Avenue, East Providence (02914) (presented by Mayor Rogers)
1. Unanimous Consent is granted to move up United Methodist Care discussion to this point on the docket.
2. United Methodist Elder Care, 40 Irving Avenue (02914) requesting to address the Council regarding a resolution for amendment of tax exempt status legislation for the United Methodist Elder Care and its affiliates and subsidiary corporations.
Residents come forward to speak:
Joy Millard, 30 Alexander Avenue
Eugene Santos, 30 Alexander Avenue
Rob Bower, 7 Coyle Lane, Hopkinton, President of the Board of United Methodist Care
The tax exemption was done in 1956 and updated in 1982 to $10 million.
Councilman Conley stated the information provided is critical. It was last updated in 1982. If that number had been updated what would be the value in 2012 dollars? It would be $24 million dollars. The public policy reason for the basis has not gone away. The value of the exemption has declined while the value of what you do for others has increased. My mother was a resident. It is almost unfair to characterize you as a health care facility. You are much more. You provide a home and family as well as spiritual support and a community of love. This is far more valuable than a $24 million dollar exemption. You are not Brown University with a large endowment. What you provide to the City is far outweighed. I would advocate for the entire Council supporting this resolution.
Mr. Bower asked what the next step is and the City Manager stated that there are two pathways, one approach is for the Council to issue a resolution for legislation, if the council supports the resolution you would advocate for the legislation. The other pathway is to challenge the enforcement of this and would be to appeal and there is an appellate process in the Assessor’s office.
Councilman Conley gave a commitment to put the resolution on the next docket.
A 5 minute recess is called.
VII. Appointments
1. Housing Authority Appointment (by Mayor Rogers)
John Faria, 20 Rowley Street (02914) (date of appointment, December 22, 2011)
2. Motion To: Tree Warden Appointment (by Mayor Rogers)
RESULT: APPROVED
Michael Bartlett, Parks Department, City of East Providence, 145 Taunton Avenue (02914)
A motion to approve is made by Assistant Mayor Rose, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous.
VIII. Public Hearings - Ordinances Final Passage
1. An Ordinance Regarding Business Registration Fee.
RESULT: APPROVED
AN ORDINANCE IN AMENDMENT OF CHAPTER 8 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “LICENSES AND BUSINESS REGULATIONS”
SECTION I. Article I entitled “In General” of Chapter 8 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Licenses and Business Regulations” is amended to read as follows:
Sec. 8-12. Business registration required. Each business, including, but not limited to, wholesale, retail, commercial, professional service or manufacturing, whether by sole proprietorships, partnerships, corporations or any business entity, shall register its business, company, trade or office situated in the City of East Providence with the City Clerk. Each registration shall contain the name of the firm or business, the name of the owner or operator of the firm or business, the type of business to be conducted and other basic information.
Sec. 8-13. Fees. There shall be a fee for each registration. The registration fee shall be $25.00.
Sec. 8-14. Procedure; exemptions.
A. Upon registration of a business, a registration certificate shall be issued to the registrant. No other business of the same trade name shall be allowed to register once a certificate of registration has been issued without the approval of the prior registrant in writing. Every registration certificate shall expire the 30th day in November and shall be renewed annually upon payment of the required fee. In the first year, the fee will be collected by April 1 and then by December 1 of each subsequent year. No certificate shall be renewed if the business fails to provide proof from the Tax Collector that all municipal taxes have been paid to date. Every certificate of registration shall be placed in a conspicuous location in each business establishment.
B. Any business required to obtain a liquor, victualling or any other license to operate under any other section of the General Laws shall be exempt from the requirement of this statute.
Sec. 8-15. Violations and penalties. Any person, whether as principal, agent, employee, or otherwise, who violates any of the provisions set forth herein, shall be fined not exceeding $25.00 for each offense. The fines shall inure to the City, and each day that the violation continues shall be deemed to constitute a separate offense.
Sec. 8-16. Business Operating License--Applicability.
Every individual, partnership and/or corporation which has a premises within which is carried on an occupation or business for any purpose shall obtain a "license to operate" within the City of East Providence approved by the City Council and issued by the City Clerk. Every business license shall expire on the 31st day of May and shall be renewed annually upon approval and payment of all fees. No license shall be issued if the business fails to provide proof from the Tax Collector that all municipal taxes have been paid to date.
Sec. 8-17. Issuance of license; reasons for denial.
Licenses shall be issued provided that the named business does not adversely affect the health, welfare and safety of the citizens of said City. If any business entity is not in full compliance of the laws and ordinances within the City of East Providence which govern said businesses, the City Council, after notice and an opportunity to be heard is issued to said business, shall have the authority to deny or revoke said operating license until said business is in full compliance. Said City Council must believe that their action is in the best interest of the citizens of the City of East Providence and must show "good cause" to deny or revoke said license.
Sec. 8-18. Fee.
Each individual, partnership and/or corporation or other entity required to become licensed under this section shall pay a fee of $75.00 to the City of East Providence, said moneys to go to the general fund.
Sec. 8-19. Violations and penalties.
Anyone convicted of a violation of any of the provisions of this section shall be punishable as provided in Chapter 1, General Provisions, Section 1-16, of this Code.
Sec. 8-20. Payment of Taxes; Taxes to be paid prior to issuance or transfer of business license.
A. All licensed businesses in the City of East Providence requiring a business license to operate shall, at the time of the renewal or transfer of such license, show proof that all business-related taxes due to the City of East Providence have been paid before obtaining a business license.
B. These taxes shall include but not be limited to all tangible personal property taxes; all sewer service and assessments, and real estate taxes, where applicable; and all other local taxes relating to that particular business.
Sec. 8-21. Violations and penalties.
Any person or business violating any of the provisions hereof shall be subject to a fine not exceeding $100.00 for each offense and/or the immediate revocation of any existing business licenses and denial of any application for such business license.
SECTION II. This ordinance shall take effect upon its second passage and all ordinances or parts of ordinances inconsistent herewith are hereby repealed.
Requested By: Finance Director
Director Eggeman testifies. This initiates a $25 business fee for all businesses in East Providence.
Testifying against: Anthony J Fereirra, 44 Brightridge Avenue
Tom Riley, 3620 Pawtucket Avenue
Freddie Rybka, 9 Cozzens - against
Testifying in favor:
Chrissy Rossi, 29 Woodbine Street
Under discussion Councilman Conley asked if the amendment is for procedural purposed only so the $25 fee would not be adjusted and Director Eggeman stated correct.
A motion to approve is made by Councilwoman Kleyla, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.
2. An ordinance regarding wastewater system revenue bonds.
RESULT: APPROVED
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 $17,500,000
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 Seventeen Million Five Hundred Thousand Dollars ($17,500,000) 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 $17,500,000;
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 Seventeen Million Five Hundred Thousand Dollars ($17,500,000) 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 Seventeen Million Five Hundred Thousand Dollars ($17,500,000) 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 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 Seventeen Million Five Hundred Thousand Dollars ($17,500,000) 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
Director Eggeman states if the City does not continue we would be in breach of contract.
The City Manager states we need the financing in order to fill the consent decree. This is the final phase to upgrade the facility to pay for the work required under the consent decree. While we are asking for passage we are looking for other ways to confirm if we need all the money and that is why it is up to the amount listed. We are always looking for efficiencies in the work and this is the best financing we can secure. There is the possibility of an internal loan from the vendor.
Councilman Conley stated that he voted against the ordinance on first passage due there not being a fiscal note. There is a brief explanation of what the numbers in the fiscal note mean with the interest being $700,000. Director Eggeman states the interest gets rolled into the bond in 2014 to pay the debt service over 20 years. We receive $17.5 million from Clean Water and the rates that are charged for consumption of water and wastewater and the fees. The deficit in the wastewater account is projected at $1 million and we are in the process of updating our rate study.
Councilman Conley states he has been advocating since December 2010 for a re-analysis of the agreement with United Water, I continue to be unable to support this when we had the opportunity to take a good hard look in December 2010 and now here it is upon us. I am concerned that we are essentially approving more borrowing for a fund already $1 million in debt why is it ok to do this bond but not the school bonds?
Director Eggeman states the City submitted the request for the $15 million bond to finalize the project at the School Department and we will pay off the $6 million and roll it into the $15 million bond. The application goes to the board to vote on it. The Budget Commission approves the actual borrowing after the ordinance.
The City Manager added we have been actively speaking with United Water since I arrived and at some point we will have the proposal before the Council.
Councilman Conley stated if we don't do this now we send them the message that we are serious. Let's call them on it and not pass this over.
Director Eggeman states we owe United Water a half million dollars for work already done.
Councilman Conley states that is an example of why this should have been begun in December of 2010.
Testifying in favor:
Chrissy Rossi, 29 Woodbine Street
Tom Riley, 3620 Pawtucket Avenue
Director Coutu came forward to explain the reason for all the improvements is the consent order form chronic sewage overflows and RIDEM requiring all plants on the bay to do higher treatment levels in result of high nitrogen loading in The Bay and causing high fish kills. It's a 3 year contract and this is the last step. We are ahead of schedule and on track to meet the deadlines with RIDEM. We will likely be paying increased costs to dismantle and then start again if this doesn’t pass. This project will conclude by the end of this year, the bike path will re-open at the end of May. We would be in breach of the contract if we stopped paying. We currently owe United Water $500,000. It takes time to get the financing and they are willing to continue.
Director Eggeman states the commitment is to continue and ensure the financing so the project would not cease, this was always the plan. If we don't pay our bills they will stop work and we won't complete the project. It would be more expensive to stop a $52 million project.
A motion to approve is made by Councilwoman Kleyla, seconded by Assistant Mayor Rose and on a roll call vote Councilman Conley votes Nay, Councilman DiGioia votes Nay and the motion passes 3-2.
IX. Licenses Requiring Public Hearing
1. Dance Entertainment
RESULT: APPROVED
Square One, LLC DBA Oxford Tavern, 446 Waterman Avenue (02914), Alan Manchester, 202 Robert Street, Westport, MA (02790).
1. Testifying Against
Carl Quatrucce, 504 Waterman Avenue which is across the street
Citing noise problems with the previous owner and people in the parking area with alcohol.
The Mayor requests a deferral until the Council meeting on 3/20/12 in order to hold a neighborhood meeting to discuss and address the issues. The license holder does not object.
A motion to defer is made by Councilwoman Kleyla, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.
X. New Business
A. City Managers Report by City Manager Peter Graczykowski
1. Ten Mile River Bridges Project
2. Departmental Activity Reports
3. Pre-Qualification for City Hall Sprinkler and Fire Alarm Upgrade Project
RESULT: APPROVED
A motion to approve is made by Councilwoman Kleyla, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.
B. Reports of Other City Officials
1. Claims Committee Report by Solicitor Orlando Andreoni
RESULT: APPROVED
A motion to approve the Claims Committee Report is made by Assistant Mayor Rose, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous.
Pursuant to R.I.G.L. § 42-46-5(a)(2), a motion is made by Councilwoman Kleyla 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 - Absent, Councilwoman Kleyla - Aye, Councilman Rose - Aye, the motion is approved 4-0.
EAST PROVIDENCE CLAIMS COMMITTEE
CLAIMS & LITIGATION REPORT
TUESDAY, FEBRUARY 28, 2012; ROOM 101; 6:45 P.M.
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LITIGATION
(Councilman DiGioia arrives at the meeting)
SEAN SULLIVAN VS. CITY OF EAST PROVIDENCE
C.A. NO. 10-0024
Settlement
Motion by: Councilman Conley Seconded by: Councilwoman Kleyla
Motion: Approve to settle as presented by Attorney Marc DeSisto.
A motion is made by Councilman Conley, seconded by Councilwoman Kleyla and unanimously voted to seal the minutes of the executive session as it pertains to the matter of Sean Sullivan vs. City of East Providence.
NEW CLAIMS
EDWARD KOSOWSKI $375.00
RM No. 11-101, Claim No. 12-004
Claim for reimbursement of expenses incurred to clear a blockage in a pipe caused by roots from a City tree. See recommendation of the Director of Public Works.
Motion by: Councilman Rose Seconded by: Councilwoman Kleyla
Motion: To approve the claim in the amount of $375.00.
2. School Committee Update (by Council Liaison School Committee Member Chrissy Rossi)
Ms. Rossi reports the School Committee passed the balance of the B and E Report with the exception of cutting school sports and continues to discuss cost savings measures including going from two meetings to one.
The testing scores are up.
On Monday a meeting will be held to discuss the balance of the $15 million bond work.
C. Council Members
1. Bi-Weekly Update (by Mayor Rogers)
Mayor Rogers states it has been a difficult task on the Budget Commission. Anything that is put back in we have to find a way to fund with as little tax increase as possible and while not cutting services. I have to do what I think is best for all the residents to settle this as fast as possible.
2. Economic Development and Waterfront Development Update (by Mayor Rogers)
Mayor Rogers calls Bill Fazioli and Jeanne Boyle to give an update. An update is provided on Waterfront Drive, Aspen Aerogels, Tockwotton Home, Village on the Waterfront, Stormwater Management Study and BMP Installation, Small Business Administration Green Business Loan Program, Eaton Aerospace/10 New Road, EDA Grant, Baer Supply, Bettencourt Building, Washington Trust Freedom National Bank moo.com, and transportation projects supporting economic development. A report was submitted for the record.
3. Crossing Guard/Traffic Control Update (by Mayor Rogers)
The Mayor calls up Sgt Andrews who states we have no extra Crossing Guards. If someone is out we have to tie up an officer who can't respond to calls by covering the Crossing Guard location(s). If anyone is interested they should go to a Council member and then to the Human Resource Office at City Hall. We need 3 - 4 new hires to cover vacations and sick leave. They can also call Sgt Andrews for more details on the job. They are required to have a physical. The job is a split shift $30 per day.
4. East Providence Police Department Historical Committee Formation Announcement (by Mayor Rogers)
The Mayor calls up Lt. Blinn to explain the establishment of a permanent Historic Museum at the East Providence Police Department or at City Hall. He is trying get the word out to the public that they are looking for volunteers and donations. They are looking for reproductions of documents to serve as a permanent memorial of the history of the department and each generation that has come through including bios of family members who served. If people are interested they can call Lt. Blinn. They will soon have a website or contact him by emailing at rblinn@cityofeastprov.com
5. Summary of Neighborhood Meeting for Traffic Issues Surrounding Roger Williams Avenue (by Councilwoman Kleyla)
Councilwoman Kleyla reported that the meeting was a success. Many people in the Rumford area will notice the police detail regularly which is paid for by RIDOT. It was a great forum for the residents to get more information and for RIDOT to hear how we as residents are effected and to request to expedite the construction, deal with truck traffic on Roger Williams Avenue and to get better signage to direct the trucks away from the area right as they get off the highway. Speeding on Centre Street and Roger Williams Avenue was discussed and ordinances will be coming up on the docket.
Councilman Conley has a resolution requesting a shorter time frame for the bridge construction to be completed.
The City Manager stated he received a letter from RIDOT that the project end date is November 2013. There are environmental restrictions related to the depth of the water of the Ten Mile River.
D. Resolutions
1. A Resolution Establishing a Shorter Schedule for the Construction of State Bridge
RESULT: APPROVED
WHEREAS, the Rhode Island Department of Transportation has closed the state bridge at the intersection of Broadway, Roger Williams Avenue, and Centre Street in the City of East Providence; and
WHEREAS, detour routes have been established through City streets due to the closure of the state bridge; and
WHEREAS, these detour routes have resulted in significantly increased traffic on City neighborhood streets resulting in undesirable traffic hazards compromising the safety of the City’s neighborhoods in the area; and
WHEREAS, the reconstruction and rehabilitation project of the bridge by the State of Rhode Island has a project end date of November 2013; and
WHEREAS, it is manifestly unfair for the neighborhoods being adversely impacted by the detour to accept this intolerable situation for that period of time; and
WHEREAS, with the assistance of the City of East Providence the Rhode Island Department of Transportation has an opportunity to negotiate a shorter time schedule for completion of the project.
NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of East Providence hereby requests that the Rhode Island Department of Transportation take all necessary and reasonable measures to establish as short a time schedule as possible for the completion of the project.
BE IT FURTHER RESOLVED, that this Resolution be forwarded to the Governor of the State of Rhode Island, the Lieutenant Governor of the State of Rhode Island, the President of the Rhode Island Senate, the Speaker of the Rhode Island House of Representatives, and Senator Daniel DaPonte, Senator Frank A. DeVall, Jr., Representative Christopher R. Blazejewski, Representative Roberto DaSilva, Representative Joy Hearn, Representative Helio Melo, Representative Mary Duffy Messier, Representative John A. Savage, and to the Director of the Rhode Island Department of Transportation, Michael P. Lewis.
This Resolution shall become effective upon its passage.
Requested By: Councilman Conley
A motion to approve is made by Councilman Conley, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous.
E. Introduction of Ordinances
1. An ordinance in amendment of speed limits on Centre Street, Wilson Avenue and Roger Williams Avenue, a stop sign at Wilson Avenue Northbound and an amendment to a one way street designation for Glenrose, Ferncrest and Lantern.
RESULT: APPROVED
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. Section 18-203 entitled “Decrease of state maximum speed” of Article VI entitled “Speed Regulations” of Chapter 18 entitled “Vehicles and Traffic” is amended by adding thereto the following:
Centre Street-20 miles per hour
Wilson Avenue-20 miles per hour
Roger Williams Avenue from North Broadway to Pawtucket Avenue-20 miles per hour
SECTION II. Section 18-227 entitled “Temporary closure of streets” of Article VII entitled “Operation of Vehicles” of Chapter 18 entitled “Vehicles and Traffic” is amended by deleting therefrom the following:
Glenrose Drive, between Ferncrest Drive and Lantern Lane to all through traffic with the exception of school buses between 8:00 a.m. and 9:00 a.m. and between 2:00 p.m. and 3:00 p.m. on school days
SECTION III. Section 18-247 entitled “Designation of one-way streets” of Article VIII entitled “One-Way Streets” of Chapter 18 entitled “Vehicles and Traffic” is amended by adding thereto the following:
Glenrose Drive (eastbound) from Lantern Lane to Ferncrest Drive between 8:00 a.m. and 9:00 a.m. and between 2:00 p.m. and 3:00 p.m. on school days
SECTION IV. Section 18-269 entitled “Stop and yield intersections designated; when stops required” of Article IX entitled “Stop Intersections” of Chapter 18 entitled “Vehicles and Traffic” is amended by adding thereto the following:
Wilson Avenue (northbound traffic) at Bourne Avenue
SECTION V. This ordinance shall take effect upon second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
The Mayor requested the ordinances be separated for the next meeting and the votes at this meeting would be taken separately.
Regarding the decreased speed Councilman Conley asked that this ordinance be deferred until the next Council meeting and that the police department having some concerns further review.
A motion to defer is made by Councilman Conley, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous.
Regarding the temporary closure during school hours Councilwoman Kleyla makes the motion to approve, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.
Regarding the one way a motion to approve is made by Councilwoman Kleyla, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.
Regarding the stop sign for Wilson Avenue a motion to approve is made by Councilman Conley, seconded by Councilman DiGioia and on a roll call vote it is unanimous.
2. An ordinance regarding a stop sign on Grassmere Avenue.
RESULT: APPROVED
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:
Grassmere Avenue (northbound and southbound traffic) at Brookhaven Drive
SECTION II. This ordinance shall take effect upon second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
A mtion to apprpove
SECTION I. Subsection (b) of Sec. 18-269 entitled “Stop and yield intersections designated; when stops required.” is amended by adding thereto the following:
Grassmere Avenue (northbound and southbound traffic) at Brookhaven Drive
SECTION II. This ordinance shall take effect upon second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
A motion to approve is made by Assistant Mayor Rose, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous.
F. Communications
1. Anthony Ferreira, 44 Brightridge Avenue (02914) requesting to address the Council regarding the budget.
Mr. Ferreira asked if the Homestead Exemption was gone.
The Mayor stated it was not decided yet. We are conducting department reviews for cuts which will then back to the full Budget Commission.
2. Freddie Rybka, 9 Cozzens Avenue (02915) requesting to address the Council regarding the breakdown of money for itemized roads and sidewalk repairs (what was budgeted and what the costs are to date)
Mr. Rybka asked Steve Coutu to provide the line items with specific information. The Mayor asks the City Manager if he can research if asphalt is being sent back to Lynch Company as Mr. Rybka is suggesting.
3. A-1 Towing & Recovery, LLC, 5A Eastern Avenue (02914), John Barbosa requesting Council appointment to the City of East Providence Police Tow List.
The Mayor asks if someone wants to propose this addition to the list.
No one gives an answer to this but it is stated that he should be vetted by the Chief and brought back on the next docket under appointments for discussion. Mr. Barbosa raised the question regarding the ordinances and being placed on the tow list automatically in 6 months. The Solicitor will review this.
XI. Adjournment
RESULT: APPROVED
A motion to adjourn is made by Councilwoman Kleyla, seconded by
Assistant Mayor Rose and on a roll call vote it is unanimous.
Approved by Council: March 20, 2012
Attest: _______________
City Clerk