I.          Executive Session

1.   Raymond J. Andrade

2.   Albert Belanger

3.   Charles Earl Carroll

4.   Russell Gorman

5.   Travelers Home and Marine Ins. Co. (Insured: John DiMatteo)

6.   Matthew Lowell Mobile Home Park, Inc. vs City of East Providence

II.         Call to Order

III.        Salute To The Flag

IV.        To Approve The Consent Calendar

1.       Letter

2.       Alcoholic Beverage Class F-1

1.   Saint Francis Xavier Church, 81 N. Carpenter Street, Portuguese School Dinner, January 14, 2012.

2.   Saint Francis Xavier Church, 81 N. Carpenter Street, 97th Parish Anniversary Dinner, January 22, 2012.

3.       Council Journals

1.   Council Journal Executive Session, August 24, 2011

2.   Council Journal Executive Session, August 29, 2011

4.   Motion to approve the Consent Calendar.

Motion is made by Councilwoman Kleyla, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous. 

V.         Public Comment

1. John Rossi - TANS/Budget Commission

2. Jo-Ann Durfee - City Business

3. Corliss Blanchard - City Business

4. Tom Riley - The Inevitable

VI.        Proclamations and Presentations

1.   Presentation by Deborah Gonsalez, Esq. and Michelle DePlante - Welcoming RI, East Providence

A presentation was given describing the Welcoming RI Project.  This is a project which is supported by the International Institute and is affiliated with Welcoming America.  This is a volunteer based effort for cooperation and understanding to strengthen relationships with immigrants.

2.   Mayor requests unanimous consent to move the Welcoming RI Resolution to this location on the docket.  Unanimous Consent is granted.

3.   Resolutions

4.   A Resolution Affirming The City Of East Providence As A Welcoming City That Respects The Innate Dignity Of All People.

Motion to approve is made by Councilwoman Kleyla, seconded by Councilman DiGioia and on a roll call vote it is unanimous. 

VII.       Appointments

1.   Economic Development Commission (by Mayor Rogers)

Michael Rose, 165 Dover Avenue (02914)

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

VIII.      Public Hearing - Ordinances Final Passage

1.   An Ordinance Amending Sidewalk Snow Removal.

1.  Tom Riley speaks in opposition to the ordinance. 

A motion to approve is made by Councilwoman Kleyla, seconded by Assistatn Mayor Rose and on a roll call vote Councilwoman Kleyla, Aye, Councilman Conley, Nay, Councilman DiGioia, Nay, Assistant Mayor Rose, Aye, Mayor Rogers, Aye and the motion passes 3-2. 

SECTION I.  Subsection (b) of Sec. 14-40 entitled “Removal of snow and ice.” of Chapter 14 entitled “Streets and Sidewalks” of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, is amended to read as follows:

(b)  Removal of snow and ice required.  The owner, occupant or any person having the care of any building or lot of land bordering on any street, highway, square or public place within the city where there is a sidewalk supported by a curbstone shall, within the first four 24 hours of daylight after any snow has ceased to fall, remove the snow and ice from said sidewalk.

SECTION II.  Sec. 14-40 entitled “Removal of snow and ice.” of Chapter 14 entitled “Streets and Sidewalks” of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, is amended by adding thereto the following:

(e)  The city may at its discretion remove the snow and ice from the sidewalk if the owner, occupant or person refuses to comply with subsection (b).  If the city and/or its agents remove the snow and ice, the city may recover the actual costs of such removal.

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

Requested By:  City Manager

2.   An Ordinance Amendment Regarding The Fees Charged For The Rental Of Pierce Memorial Field.

1. Jack Fahey 2535 Pawtucket Avenue speaks asking why this was passed after the budget. 

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

AN ORDINANCE IN AMENDMENT OF CHAPTER 13 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “PUBLIC PLACES”

SECTION I.  Sec. 13-176 entitled “Rental of Pierce Memorial Field.” of Division 1 entitled “Generally” of Article V entitled “Parks and Recreation Areas” of Chapter 13 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Public Places” is amended to read as follows:

Sec. 13-176. Rental of Pierce Memorial Field.

(a)        The rental fees for the use of Pierce Memorial Field by any person except as provided in subsection (b) of this section are hereby fixed as follows:

 (1)       Minimum fee, per day, shall be $500.00 1,000.00 or $250.00 500.00 plus ten percent of gross ticket sales, after taxes, whichever is greater.

 (2)       Minimum fee, per night, shall be $1,000.00 or $500.00 plus ten percent of gross ticket sales, after taxes, whichever is greater.

(b)        The rental fees for the use of Pierce Memorial Field by charitable organizations are hereby fixed as follows:

(1)        Per day . . . . . $250.00 500.00

 (2)       Per night . . . . . 500.00

            (c)        Whenever a license or permit is granted for the sale of food, beverages, etc., there shall be a fee based upon the percentage of receipts from the sale of such items, and such percentage shall be fixed by the recreation board at the time of the granting of such license or permit, subject to approval by the city council.

SECTION II.  Sec. 13-177 entitled “Recreation center fees.” of Division 1 entitled “Generally” of Article V entitled “Parks and Recreation Areas” of Chapter 13 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Public Places” is amended to read as follows:

Sec. 13-177. Recreation center fees.

The recreation center membership fees are hereby fixed as follows:

 (1)       Adult membership . . . . . $50.00

 (2)       Child membership (under age 18 years of age and under) . . . . . 25.00

The recreation director may waive the annual fee upon a finding of financial hardship.

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

Requested by:  Director of Finance

3.   Mayor Rogers asks for unanimous consent to bring the Ordinance relating to tax collection to this point on the docket.  Unanimous Consent is granted.

4.   ORDINANCES FIRST PASSAGE

An Ordinance Relating To Tax Collection.

The City Manager requests a motion to withdraw for further study.  The motion to withdraw for further study is made by Councilwoman Kleyla, seconded by Councilman Rose and under discussion Councilman Conley asked who requested the ordinance.  On a roll call vote it is unanimous to withdraw. 

Sec. 16-51. Collection.

 The tax assessor shall assess and apportion said tax on the inhabitants and ratable property of said city as of the thirty-first day of December, 201011at 12:00 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, who is charged with the duties for the collection of taxes, on or before the fifteenth day of JuneFebruary, 201112, a complete list of the names of the persons taxed and of the total value of all the real estate 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 first fifteenth day of June March, 201112and the first day of July  April, 201112 and provided further that if said tangible personal property, motor vehicle, and real estate taxes are paid in full on or before the first day of July April, 201112, a discount of three per centum of the total taxes on said tangible personal property and real estate shall be granted, and all taxes remaining unpaid on the first day of July April, 201112 shall carry until collected a penalty at the rate of 12 per centum per annum from the first day of June April, 201112 upon said unpaid tax, however, said taxes may be paid in four installments; the first installment of 25 per centum on or before the first day of July April, 201112, the second installment of 25 per centum on or before the first day of September July, 201112, the third installment of 25 per centum on or before the first day of December October, 201112 and the fourth installment of 25 per centum on or before the first day of March January, 20123.

 The tax assessor shall assess and apportion said tax on the inhabitants and ratable property of said city as of the thirty-first day of December, 201011 at 12:00 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, who is charged with the duties for the collection of taxes, on or before the fifteenth day of June, 201112, a complete list of the names of the persons taxed and of the total value of all the real estate tangible 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 tangible personal property 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 first day of June, 201112 and the first day of July, 201112 and provided further that if said tangible personal property, and motor vehicle, and real estate taxes are paid in full on or before the first day of July, 201112, a discount of three per centum of the total taxes on said tangible personal property and real estate motor vehicles shall be granted, and all taxes remaining unpaid on the first day of July, 201112 shall carry until collected a penalty at the rate of 12 per centum per annum from the first day of June, 201112 upon said unpaid tax, however, said taxes may be paid in four installments; the first installment of 25 per centum on or before the first day of July, 201112, the second installment of 25 per centum on or before the first day of September October, 201112, the third installment of 25 per centum on or before the first day of December January, 201113 and the fourth installment of 25 per centum on or before the first day of March February, 201213.

 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 12 per centum, per annum.

 The city treasurer shall, by advertisement in the public newspaper having circulation in the city, notify all persons assessed to pay their respective real estate taxes at his office on and between the said first fifteenth day of June March, and the first day of July April, 201112, both days inclusive; said city treasurer setting forth the hours during which his office shall remain open to receive said taxes.  The city treasurer shall, by advertisement in the public newspaper having circulation in the city, notify all persons assessed to pay their respective tangible personal property and motor vehicle taxes at his office on and between the said first day of June, and the first day of July, 201112, both days inclusive; said city treasurer setting forth the hours during which his office shall remain open to receive said taxes.

(Ch. 38, § I, 11-10-98; Ch. 433, § I, 11-6-07; Ch. 493, § I, 11-3-09; Ch. 515, § I, 10-19-10)

IX.        New Business

A.       City Managers Report

B.       Reports Of Other City Officials

1.   Claims Committee Report (by Solicitor Orlando Andreoni)

A motion to accept the Claims Committee Report is made by Councilwoman Kleyla, seconded by Councilman DiGioia and on a roll call vote it is unanimous. 

2.   School Committee Update (by Council Liaison School Committee Member Chrissy Rossi)

Ms. Rossi explained that the report was short this week as they were on Winter break the previous week.  The next School Committee meeting is this coming Tuesday and they will formally be presented with the B & E report. She added that they will have a lot to consider. 

C.       Council Members

1.   Bi-Weekly Update (by Mayor Rogers)

The Mayor reported that the re-dedication of the East Providence Police Department went very well and he thanked all the participants, the committee members and the attendees and read a letter into the record from Candy Seel, a committee member.

The Mayor also reported on the Budget Commission stating that Michael O'Keefe had been chosen as the first roving Chair for a 6 month period.  Major Bannon had stated that the reason why the Budget Commission was in East Providence was due to the fact that the City was unable to secure the entire TAN and this was needed due to the non-correlation of the City's physical and fiscal year.  This has been an ongoing issue for many years.  A change to the City's physical and fiscal year can only be done by a Charter change and only during a Presidential Election, this year, November 2012.  The Mayor further reported that the Commission agreed to work on a consensus basis. 

Director of Finance Ellen Eggeman gave an explanation regarding questions on the surplus accounts.  $3.5 million in surplus is required as a carry-over per Charter.  The remaining $1.2 million last fiscal year was given to the School Department to further reduce the deficit. 

The City Manager added, for further explanation, that a surplus is determined after the fiscal year closes out and is accumulated via efficiencies and expenditures. 

2.   Deficit Reduction/Budget Commission (By Councilman Conley)

Councilman Conley discussed the background leading up to the Budget Commission's arrival in East Providence explaining how long the deficit existed in the City.  The deficit began in 2003 at $2.4 million, in 2004 it was $2.7 million, in 2005 a little work was done bringing it to $2 million, and then again in 2006 it was reduced to $1.3 million and in 2007 reduced to $1.2 million.  However, in the year 2008 it went from $1.2 million to $5.2 million with no progress since that date and in fact an increase as it is cumulative each year going to $6.1 million then $6.3 million and finally in 2011 $7.2 million.  

Councilman Conley added that the State had no reasonable expectation to believe that the previous Council without a State approved plan and with no good faith effort other than to drive us into bankruptcy by default.  This was clear by the fact that they showed no political will or skill to address the deficit.  The new Council last December had an opportunity to change that history and attack the deficit.  Councilman Conley stated that he had proposed an outline at that point.  He continued that the loss of autonomy is unacceptable but we can't blame political intrigue or concern over the constitutionality of the law creating the Budget Commission.  This has nothing to do with what we are facing with regards to the deficit.  Too much time was spent on tow lists, time cards and badges.  The Deficit Elimination Committee was asking the hard questions and work needed to be done for a plan over the next 5 years but that Committee was shut down.  This sent a strong signal to the State that we did not have the resolve.  This sent a strong signal to the bond agencies who gave us fair warning.  The Budget Commission is here and we need to make the most of the skills now available to us.  Mr. O'Keefe is the best in his field and having a man of that stature and with those skills we will come out of this stronger. 

Mayor Rogers spoke that he is pledging to work with the Budget Commission though he is not so sure he has the same feelings as the State is in a fiscal situation similar to the City and he noted that to date he has not received one proposal for deficit reduction. 

D.       Communications

1.   Anthony Ferreira, 44 Brightridge Avenue (02914) requesting to address the Council regarding the budget.

Mr. Ferreira asked about the quarterly taxes and the consideration of adding an additional quarter.  He asked for other ideas from Council.  He asked if any members of the Council had attended a Budget Commission meeting yet.  He noted that he attended the Deficit Elimination Committee meetings and almost no one attended and he wanted to know if this was going to be handled that way and that then the City would end up in bankruptcy court. 

Councilman Conley spoke and stated that he has not been able to attend a meeting, the notice was short and the meetings are held during the work day.  However, he has received copies of materials, discussion items and minutes and that he followed up with questions to the Finance Director and the City Manager.  He added that he and Councilman DiGioia had previously met to go over all the documentation to date.

In conclusion, Mr. Ferreira stated that he was glad the State was here as this Council and School Committee and the prior Councils and School Committees didn't do what they needed to do. 

2.   Freddie Rybka, 9 Cozzens Avenue (02915) requesting to address the Council regarding the budget.

Mr. Rybka asked about the option being discussed regarding a fifth tax quarter.

The City Manager stated that if this were to be on the table for a serious discussion a public hearing would be held on the matter.  Adding that if it becomes viable and must be considered the meeting would be held but that this is not what is being recommended at this time. 

X.         Adjournment

1.   Motion to Adjourn.

The 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