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| CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING May 1, 2012 Council Chambers, City Hall, 145 Taunton Avenue, East Providence, RI 02914 7:30 P.M. Open Session Claims Committee to Follow Council Meeting, Room 101 |
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Present: Mayor Rogers, Assistant Mayor Rose, Councilman Conley, Councilman DiGioia, City Manager Peter Graczykowski, City Solicitor Orlando Andreoni, City Clerk Kim Casci
Absent: Councilwoman Katie Kleyla
I. CALL TO ORDER
Mayor Rogers calls the meeting to order at 7:33PM.
II. SALUTE TO THE FLAG
III. 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
1. Resolution of the Town of Jamestown relating to the code of ethics.
2. Resolution of the Town of East Greenwich supporting the Governor’s legislative package.
3. Resolution of the Town of East Greenwich opposing raising the meals tax.
4. Resolution of the Town of East Greenwich supporting Senate Bill 2310 general powers and duties of School Committees.
5. Resolutions of the Newport School Committee, in opposition to binding arbitration, in opposition to contract continuation and supporting layoff notification date.
6. CRMC notice of rescheduling public meeting to Tuesday, June 12, 2012.
7. CRMC notice of rescheduling public meeting to Tuesday, June 26, 2012.
8. Resolution of the Town of Burrillville in support of OPEB S2036 and S038, H7144 and H7579.
9. Resolution of the Town of Jamestown opposing an increase in meals tax, beverage tax and lodging tax and in support of allowing post office boxes for voter registration.
10. Resolution of the Town of Burrillville in support of legislation to require that all foreclosure deed be recorded within 30 days.
11. CRMC Semi-Monthly Meeting, Tuesday, April 24, 2012.
12. Resolution from the Town of Narragansett is support of layoff notice date for school teachers to June 1.
B. Council Journals
1. Special Council Meeting June 23, 2011
2. Show Cause Hearing May 3, 2011
3. Regular Council Meeting April 17, 2012
4. Council Work Session January 31, 2011
5. Special Council Meeting April 18, 2012
C. Liquor License Class F
1. Lauren Zarembka Scholarship Fund Benefit, St. Brendan Hall, May 19, 2012 6PM-11PM, John E. Faria, 41 Lena Street (02914)
2. Holy Ghost Beneficial Brotherhood, 51 North Phillips Street, May 27-27
3. St. Francis Xavier, 81 North Carpenter Street, June 15-17
4. St. Martha’s Church, 2595 Pawtucket Avenue, June 22-24
5. Teofilo Braga Club, 26 Teofilo Braga Way, July 13-15
6. Holy Ghost Brotherhood of Charity, 59 Brightridge Avenue, July 20-23
7. Holy Ghost Brotherhood Mariense, 846 Broadway, July 27-29
A motion is made to approve the Consent Calendar by Assistant Mayor Rose, seconded by Councilman DiGioia and on a roll call vote it is unanimous with Councilwoman Kleyla absent.
IV. PUBLIC COMMENT
1. Karin M. Donovan - CDBG
2. Lori Auer, 30 Plain Street, Attleboro MA - United Methodist
3. Peg Langhamemer, Dean Farm Drive, South Kingstown - CDBG Day One
4. Jo-Ann Durfee , 14v Omega Way - Pond View
5. Rob Bauer - CDBG United Methodist (will speak later on the docket)
6. Corliss Blanchard, 119 Roger Williams Avenue - Pond View
7. Tim Norton, 180 Bourne Avenue - Pond View
8. Kris Lyons - Woman's Center of Rhode Island (will speak later on the docket)
9. Susan Erstling - Police Social Worker (will speak later on the docket)
10. James Briden - Pond View
11. Ken Schneider, 33 Edward Avenue - Pond View
12. Tom Riley, 3620 Pawtucket Avenue - Peddlers and Hawkers
V. PROCLAMATIONS AND PRESENTATIONS
East Providence Townies 2011/12 Varsity Hockey R.I. Division 3 Champions
The Hockey Team shows a video slide presentation on the team and the year of games leading to the Championship. The Mayor reads the citation and presents one to each player and coach on behalf of the entire City Council.
VI. APPOINTMENTS
A.Traffic Control
Martin McShane, 40 Oxford Street (02914) by Mayor Rogers
A motion to approve the appointment is made by Assistant Mayor Rose, seconded by Councilman DiGioia and on a roll call vote it is unanimous with Councilwoman Kleyla absent.
VII. LICENSES REQUIRING PUBLIC HEARING
A. Secondhand Antiques
Bridget McCabe DBA Collins Collectibles, 99A Taunton Avenue (02914), Bridget McCabe, 26 Alma Street, Providence (02908)
Testifying is Warren Combs same address.
They will sell antiques and bicycles. This is their first attempt at business. They will be open Saturdays and Sundays during the day where Secret Petals used to be from 12PM-5PM.
A motion to approve is made by Assistant Mayor Rose, seconded by Councilman DiGioia and on a roll call vote it is unanimous with Councilwoman Kleyla absent.
B. Secondhand Autos & Trucks
Auto Drive One Auto Sales, 2312 Pawtucket Avenue (02914), Joseph DiBiasio, 782 Ash Street, Brockton, MA 02301
Testifying is Tony DiBiasio.
They are located in what was formerly Thrifty Auto Sales. They will be open from 9am-7pm during the week and on Saturdays 9am-5pm. The will not be open on Sundays. They own 3 stores in Massachusetts and have been in business for 12 years.
A motion to approve is made by Assistant Mayor Rose, seconded by Councilman DiGioia and on a roll call vote it is unanimous with Councilwoman Kleyla absent.
VIII. LICENSES NOT REQUIRING PUBLIC HEARING
A.Holiday Sales
Bridget McCabe DBA Collins Collectibles, 99A Taunton Avenue (02914), Bridget McCabe, 26 Alma Street, Providence (02908)
A motion to approve is made by Assistant Mayor Rose, seconded by Councilman DiGioia and on a roll call vote it is unanimous with Councilwoman Kleyla absent.
B.Carnival
The Gordon School, 45 Maxfield Avenue (02914), Pamela Shanni Cummings, 340 Olney Street, Providence (02906), Saturday, May 19, 2012.
Also testifying: Sarah Ritzvy, 11 Upton Avenue, Providence
This carnival has been taking place for 55 years.
Years ago they used to have mechanical rides but presently they just have blow up rides, bouncy houses, pony rides, a petting zoo and hamburgers and hot dog etc...the hours are 10am-3pm and they are open to the public. It is a fundraiser for the school, there is a raffle and it is a great event for kids.
A motion to approve is made by Assistant Mayor Rose, seconded by Councilman DiGioia and on a roll call vote it is unanimous with Councilwoman Kleyla absent.
IX. PUBLIC HEARING – ORDINANCES FINAL PASSAGE
1. An ordinance related to foreclosures.
AN ORDINANCE IN AMENDMENT OF CHAPTER 4 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “BUILDINGS AND BUILDING REGULATIONS.”
SECTION I. Chapter 4 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Buildings and Building Regulations.” is hereby amended by adding thereto the following:
Article IV. Foreclosure Requirements
Sec. 4-431. Foreclosure Requirements for Owner Occupied Residential Properties.
(A) Definitions
1. The City shall mean the City of East Providence, Rhode Island.
2. Residential premises/property shall mean real property that is owner-occupied as an owner’s principal resident, located within the City of East Providence, that is either a single-family or a structure containing not more than four residential units, and shall also include a residential condominium unit or a residential co-op unit occupied by an owner as an owner’s principal resident.
3. Loan/mortgage conciliation conference coordinator shall mean an individual employed by a HUD-approved independent counseling agency to facilitate the discussion between the homeowner/mortgagor and the lender/mortgagee.
4. Loan/mortgage conciliation conference shall mean the formal discussion and negotiation taking place at the call of the loan/mortgage conciliation conference coordinator between the homeowner/mortgagor and the lender/mortgagee.
5. Homeowner shall mean an individual who owns and resides in residential real property located in the City of East Providence, and for whom such residential real property is a principal resident.
6. Lender shall mean an entity which has advanced funds secured by a mortgage on residential premises, and recorded in the Land Evidence Records of the City.
7. The Parties shall mean the homeowner/mortgagor and the lender/mortgagee
8. Rules and regulations shall mean any rules adopted by the City necessary for the proper enforcement of this ordinance to interpret and secure its intent.
(B) Statement of Policy. It is hereby declared that residential mortgage foreclosure actions, caused in part by so-called sub-prime mortgage lending and predatory lending practices as well as unemployment and underemployment, have negatively impacted a substantial number of homeowners in the City. Increasing numbers of foreclosures leads to increases in unoccupied and unattended buildings in the City and cause the unnecessary and unwanted displacement of homeowners and tenants who desire to live in the City of East Providence.
(C) Purpose. The purpose of this ordinance is to protect the public by providing early, HUD-approved independent counseling agency supervised intervention in residential owner-occupied mortgage foreclosure cases which will assure timely determination of eligibility under various federal, state and local programs established to facilitate loan work-out and other solutions to permit residential homeowners, where possible, to retain their properties and permit lenders to move forward to auction/sale of the properties and recordation of a foreclosure deed upon conclusion of the process.
(D) Notice of Foreclosure to the City. From and after the effective date of this ordinance, a lender/mortgagee shall provide written notice to the City of its intent to foreclose on the subject residential property at the same time it issues notice to the homeowner/mortgagor of the foreclosure action. Such notice must include plat and lot information, and said notice shall be filed by the lender/mortgagee with the City Clerk.
(E) Conciliation Conference Between the Parties. Following the filing of such notice, the parties shall participate in a mandatory loan/mortgage conciliation conference at a location mutually convenient to the parties, the following manner, and provided that telephone participation by the lender/mortgagee is acceptable.
a. Said conciliation conference shall be scheduled at a time and place to be determined by the conciliation conference coordinator, but not later than twenty-one (21) days following the mailing of the notice of intent to foreclose. The parties will be noticed by certified and first class mail.
b. Prior to the scheduled conciliation conference, the homeowner/mortgagor will be assigned a loan counselor to be provided by a HUD-approved independent counseling agency.
c. The homeowner/mortgagor shall cooperate in all respects with the housing counseling agency, providing all necessary financial and employment information. The homeowner/mortgagor shall complete any and all loan resolution proposals and applications as appropriate.
d. The conciliation conference will require the exchange of information provided as required by subsection (f) to the representative of the lender/mortgagee.
e. If after two attempts by the conciliation conference coordinator to contact the homeowner/mortgagor, the homeowner/mortgagor fails to respond to the conference coordinator’s request to appear for the conciliation conference, or the homeowners/mortgagor fails to cooperate in any respect with the requirements outlined in this ordinance, the requirements of the ordinance will be deemed to be satisfied upon verification by the HUD-approved independent counseling agency that the required notice was sent; and if so, a certificate will be issued immediately by the HUD-approved independent counseling agency authorizing the lender/mortgagee to proceed with the foreclosure action including recording the foreclosure deed.
f. If it is determined after a good faith effort made by the lender/mortgagee at the conciliation conference with the homeowner/mortgagor that the parties cannot come to an agreement to re-negotiate the terms of the loan in an effort to avoid foreclosure, such good faith effort on behalf of the lender/mortgagee shall be deemed to satisfy the requirements of this ordinance. A certificate certifying such good faith effort will be issued immediately by the HUD-approved independent counseling agency authorizing the lender/mortgagee to proceed with the foreclosure action to include recording the deed. Such a certification will be in the form of a document to be filed along with all other relevant documents with the City Clerk.
g. The parties shall complete the process required by this ordinance within a period of forty-five (45) days from the initial notice provided in (a).
h. Cases involving premises which are not owner-occupied or which are not residential are not subject to the mandatory loan/mortgagee conciliation conference and may proceed directly to foreclosure and recordation of the deed concerning such property, presuming compliance with Sec. 4-432.
i. Notwithstanding the foregoing, any lender/mortgagee which is headquartered within the State of Rhode Island and which services its own mortgages shall be deemed in compliance with the requirements of this section of:
(1) The lender/mortgagee provides homeowners forbearance relief requirements applicable to FHA-Insured Mortgages, as set forth in Chapter 8 of the HUD Handbook 4.330.1 Rev. 5, Administration of Insured Home Mortgages, as the same may be amended from time to time; and
(2) The deed offered by a lender/mortgagee to be filed with the City Clerk as a result of a mortgage foreclosure action contains a certification that the provisions of this sub-section have been satisfied.
(E) Penalties. A deed offered by a lender/mortgagee to be filed with the City Clerk shall contain a statement that the requirements of this ordinance have been met by the lender/mortgagee.
Sec. 4-432. Foreclosure Requirements for Rental Properties.
(A) Definitions
1. Bona Fide Tenant shall mean a person who has entered into a written or oral rental agreement with a homeowner or landlord (mortgage) with respect to a dwelling unit of a mortgaged residential premises no less than thirty (30) days prior to the foreclosure of the mortgagor’s interest. Neither the mortgagor nor any member of his or her immediate family is a “bona fide tenant.” The protections afforded a bona fide tenant exist regardless of whether the residential premises is or is not owner-occupied.
2. The City shall mean the City of East Providence, Rhode Island.
3. Rules and Regulations shall mean any rules adopted by the City necessary for the proper enforcement of this ordinance to interpret and secure its intent.
(B) Notice to Bona Fide Tenants. Effective upon passage of this ordinance, no bona fide tenant legally occupying a rental residential property within the City shall be forced to vacate that property in the event of a mortgage foreclosure action upon that property unless and until the following series of actions are taken:
a. Where any dwelling unit of a foreclosed mortgaged estate is occupied by a bona fide tenant, and where the foreclosed mortgagor had provided essential services including, without limitation, heat, running water, hot water, electric, sewer or gas to such tenant, any successor in interest to be foreclosed mortgagor shall continue to provide the same essential services under the same terms and conditions to the tenant.
b. A successor in interest to a mortgagor shall provide notice to each bona fide tenant, as defined in Section (A) by mailing an envelope addressed to “Resident of Property Previously Subject to Foreclosure Sale” and by posing, in the same manner required for posting the notice of sale on the property to be sold, a written notice in English and Spanish stating the name and address of the successor in interest, and/or managing agent so that the tenant may know to whom the ongoing rental payments should be made.
c. Where a dwelling unit of a foreclosed mortgaged estate is occupied by a bona fide tenant of the foreclosed mortgagor, the bona fide tenant assumes a month to month periodic tenancy governed by the provisions of Chapter 18, Title 34 of the Rhode Island General Laws, except in those instances in which the bona fide tenant has entered into a written rental agreement with a homeowner or landlord (mortgagor) with respect to a dwelling unit of a mortgaged residential premises. In such instances tenancy is assumed for the duration specified in the written agreement.
d. The lender/mortgagee shall provide notice to each bona fide tenant, as defined in Section (A), by mailing an envelope addressed to “Resident of Property Subject to Foreclosure Sale” and by posting, in the same manner required for posting the notice of sale on the property to be sold, at the same time notice is provided to the mortgagor, a written notice in English and Spanish: (i) stating that the real estate is to be sold in foreclosure, which may affect the tenant’s right to continue to live in the property; (ii) stating the date, time and place of sale; (iii) providing the address and telephone number of Rhode Island Legal Services, and (iv) provide the name, address and telephone number of HUD-approved counseling agencies in Rhode Island. Failure of the lender/mortgagor to provide notice as provided herein shall not affect the validity of the foreclosure; however, no successor in interest to the mortgagor shall be permitted to initiate an action for possession of the premises against such bona fide tenant until notice as required herein, in addition to the notice required in subsection (d), is provided.
(C) Registration with the City Clerk. From and after the effective date of this ordinance where any dwelling unit of a foreclosed mortgaged estate is occupied by a bona fide tenant, the successor in interest to be foreclosed mortgagor shall file with the City, through the City Clerk’s Office a Certificate of Registration. Each Certificate of Registration shall state:
a. Name, address and telephone number of the lender/mortgagee.
b. Such description of each multiple dwelling/tenanted dwelling, by street number or otherwise, as will enable the easy location of same.
c. The name, address and telephone number of the agent appointed by the lender/mortgagee for the purpose of receiving service of process and other orders or notices.
d. The number of dwelling units in the building.
e. The names of all tenants and an identification of the type of lease said tenant is operating under.
f. The name and address, including the dwelling unit, apartment or room number of any person employed by the lender/mortgagor to provide regular maintenance service.
g. The name, address and telephone number of an individual representative of the lender/mortgagor who may be contacted at any time and who has the authority to make emergency decisions concerning the building and any repair thereto or expenditure in connection therewith.
h. The name and address of the fuel supplier, if any, and the grade of fuel oil used.
(D) Penalties. Any failure of a lender/mortgagee or successor in interest to a mortgagor to comply with the terms of this ordinance will be penalized by a fine of not less than $1,000.00 per offense.
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: Assistant Mayor Rose
Assistant Mayor Rose states that the purpose is to protect homeowners and help them to work with the banks and provides for more requirements from the banks. With 95% of those going thru this system would get some sort of approval for help. It also requires banks to keep up the properties. The Solicitor changed the language as requested previously having to do with an appeal through the court system.
A motion to approve is made by Assistant Mayor Rose, seconded by Councilman DiGioia and on a roll call vote it is unanimous with Councilwoman Kleyla absent.
X. NEW BUSINESS
A. City Managers Report (by City Manager Peter Graczykowski)
1. Departmental Activity Update
The City Manager states the Bi-weekly update was provided in the Council packets and if there are any suggestions as to format, more or less information needed to let him know. He notes the Planning Department is not in the report but Jeanne will update the Council on two new developments which are good for East Providence. The City Manager calls Jeanne Boyle to the podium. Director Boyle states that there is very good news regarding the City's partner in the Forbes Street Solar Project, CME, they are intending to sell the electricity to National Grid and the City thru CME has to respond to requests for proposals to National Grid and compete with other projects throughout the State. The State looks at criteria, price, readiness of project, proximity to transmission lines etc... the last offering that National Grid had was in April and today the City was selected and the first phase will be able to go forward with 3 megawatts of power at Forbes Street up and running within the next 6-9 months. There is a project which has been in the planning phase since 1999 and construction will begin in June, for the Eigis Corporation on a 145,000 square foot warehouse and office building property located off Ferris Avenue. This was going to be a phased project but with the upturn in the economy it is moving full forward and will be finished in about a year. All the departments required met to get this done as fast as possible. The City Manager held an economic forum and business leaders that attended suggested that we provide this type of assistance that is exactly what we are doing. Jim Moran acted in this instance in an ombudsman capacity as had been discussed and Eigis commented how helpful this was and how they had not previously seen this in other communities.
The City Manager called Steve Coutu to the podium to provide an update on the 10 Mile Bridge Closure. Director Coutu stated the bridge is current ahead of schedule. DOT had a 2 year time frame but at this time the contractor is hoping that by the end of the year the work done on the south side on Broadway will be completed. Mayor Rogers asked about frequent calls and complaints regarding if the City is paying for the police details.
Chief Tavares came to the podium to answer the question stating that DOT is paying for an officer for part of the time, plus already on duty officers are available to answer the enforcement concerns. Community policing and the beat officers are being used so there is no overtime cost.
2. Finance and HR Consolidations Update
The City Manager reported that between the City and School Departments there have been a number of resignations both in HR and in Finance. The city side is operating with an Interim Director of HR on loan from State and the City is currently reviewing applicants for the combined city/school HR Director. There were 100 applicants to start and they are now down to 20 and will start interviewing. Following that the Superintendent and the City Manager will make the final selection. The Finance Director on the School side has resigned as well as the Finance Director on the city side the new Finance Director will be a consolidated position. The Interim Finance Director will be operating with support services of temporary help for oversight of finance and there is some commitment from the State to help.
Mayor Rogers asked if there was any idea on what the savings will be on consolidating?
The City Manager stated the savings will be substantial because instead of two directors there will be one, there will be staff consolidation savings and there shouldn't be any slow down, we just need to have an interim person to have that oversight and appear before the Budget Commission for reports. The City Manager also stated that the School Department is coming to City Hall but the plans have not been finalized so it's premature to discuss this item in any detail. The Budget Commission is very involved in where the employees are located in City Hall and want to have everyone in same place as it is best for consolidation. The other buildings are able to be placed on the market. A traffic study is being done regarding parking and they will be adding spots across the street and there will be some reshuffling.
3. Governor’s Municipal Relief and Reform Legislation Package
The City Manager reported that the Governor's municipal relief package was provided in the Council packet for review and at this point the Council may want to review the bundle of bills in the packet which are designed to help municipalities with relief from the State mandates and reductions in State aid. The Governor will be attending the May 15th Council meeting to talk in detail about this package of bills looking for resolution at the next meeting in support of this package. A summary of what they might mean for East Providence has been provided in your packet. The City Manager briefly reviewed these.
4. CDBG FY 2012-2013 Budget
The City Manager stated that the new budget for the Council to view the comparisons for the purpose of awards last year and this year as well as what is available with this year's cuts are listed. The Budget Commission at it's April 26th meeting continued its direction to maintain its focus on economic development. The Federal preemption doctrine questing has been included in the Council's packet which the Legal Department submitted.
David Bachrach answered questions from the Mayor and Council. For clarification purposes he described when funds are listed for administration, such as the Planning Department who has to do the due diligence paperwork and the closings for the loans and programs. The department itself does not receive these funds but uses them to capitalize these loans, they are not for salary but administration as dictated by HUD to distinguish the administrative costs. The Budget Commission this Thursday will make a decision on which option on this budget and they would like to see the City Council give it's input on the direction and at some point the final agreed on plan must be submitted to HUD.
The City Manager asks if the Council chooses the first option which is the economic development option and if we award all of the funds to economic development and in 3 months do not have any results is there a way to have another set of public meetings to reallocate the remainder of the money to public services? David Bachrach replies yes that there is an amendment process. However, running that by the public service providers for practical purposes to launch into this is an issue because there will be a percentage of programs which would no longer be there without this funding.
The City Manager stated that there is one more way of looking at it which is to try something new and after the first quarter review. David Bachrach added that if the City doesn't spend the funds they will lose them next year.
Councilman Conley thanked David Bachrach for listening to the public comments and trying to meet the challenge of allocating less funds to all the programs expressed by the Budget Commission and the council and the will of the people. Adding these programs already faced diminished funds so even before the Budget Commission takes its ax to the programs they are looking at less funds to provide the services in these difficult times. We are all being asked to do more with less and these organizations have to meet that challenge as well. When you add a genuine lack of understanding and insight into what it means to invest in a community to take the position as imposed by the Budget Commission that economic development and public services are separate shows a lack of understanding of that. All those who are begin allocated dollars in option B are deserving of that and even more and they help our community thrive and create economic development and the value of the services far exceed the dollars that we pay for it. We know for example people cannot be denied those medical services so if we don't pay for it here we pay more for it with our tax dollars down the line and then there is the wellness these services provide. Federal regulation preempts State law and we did receive a memo with some cursory legal research about it and I'm going to read from one sentence in the memo we should not allow this decision making authority to be usurped "it would be in the prevue of City Council to determine how the funds are spent this may be reversed by the Budget Commission and the issue is murky" what we should do is not murky we should stand up for the strongest investment in our community and invest in it's people
Councilman DiGioia asked if the City Manager could explain what the Budget Commission is choosing on Thursday?
The City Manager stated that like any pubic hearing matter before the Budget Commission they vote on something 3 times, the second one is happening tomorrow and they have one more after that.
Councilman Conley stated that it was represented to us that it's a consensus if this is the case then I am going to request that the Mayor and the City Manager not allow them to take away this money from our people and then we can vote on May 15th.
Councilman DiGioia stated he is a little concerned that their thinking process with the CDBG funding and last Wednesday at the Riverside library about some comments which caused him concern which were made by Mr. O'Keefe regarding economic development and alarmed by his priorities. He added he would caution the Council to listen to the people.
Assistant Mayor Rose stated he is a little happier with option B and C as opposed to A. Adding he was irate originally and right now we are in tough economic times and pubic service holds the community together. The funding option is getting better and he would like to see more work get done.
Mayor Rogers stated when he is there on the Budget Commission serving as a member he represents the wishes of the Council and that is what he will do again.
Public Comment Continued
Karen Donovan, Vice President Human Resources, East Bay Center.
Rob Bower, United Methodist Elder Care
David Bachrach explained the administrative budget has a 20% cap which is not required, this covers the staff costs and legal notices etc...the administrative budget is also established based on HUD requirements that the City administer the funds. HUD recently looked at this and stated that the staffing is not fully up to the capacity, its not exactly what they like to see as it is just Bachrach and one assistant left to administer the funds when HUD feels instead they should be out looking for new programs to fund. The other large ticket item is where the City has a loan of 3 million dollars from the Federal Government and the debt service on that loan is what is shown in the box. If the City was to default on the loan that would be bad if the city didn't pay they would take it directly out of allocations monies this should hopefully go away next year and we'll be out from under that debt. This loan was approved by HUD and provided by HUD and within the guidelines.
Chris Lyons, The Women's Center of RI
Susan Erstling, Community Service of RI
Christine Santos and Dennis Roy East Bay Community Action
Andrea Vastas
Denise Panichas The Samaritans of RI Suicide Prevention Hot Line
Tony Ferrierra regarding Firehoses
Tom Riley
Freddie Rybka
B. Reports of Other City Officials
1. School Committee Update (by Council Liaison School Committee Member Chrissy Rossi)
A copy of the School Committee update was provided for the record.
The City Manager provides feedback and the Chief is called up to podium regarding fire personnel needed for events over 50 held in school buildings. They discuss the subject of how to appeal as a mechanism to seek relief from the fire code by applying to the State Fire Safety Board of Review on a case by case basis.
C. Council Members
1. Food Pantries (by Mayor Rogers)
Mayor Rogers provides details regarding the changes for Affirmative Action's food pantry and reads from a pamphlet regarding where residents can get information on needed services.
2. Bi-Weekly Update (by Mayor Rogers)
Mayor Rogers explains that the streaming of Council and School Committee meetings has been cancelled to save $6,900 per year.
The Budget Commission chair this month will be meeting with all the union heads to discuss opening the contracts and not one has said they refuse. The unions understand the situation. The Mayors around the State are putting together a series of meetings, Johnston, Pawtucket, Central Falls, East Providence and North Providence to try to regionalize services such as DPW, purchasing, dispatchers for all services etc... besides East Providence in the 60 million dollar club is also North Providence and if something can be done towards consolidation for example dispatching this can help all.
3. Objections Pursuant to R.I.G.L. Section 23-18.9-8 (by Councilman Conley)
Councilman Conley states that bjections pursuant to RIGL section 23-18.9-8 signed into law last year regarding companies not being allowed process more than 150 per day of demolition debris is not a murky statute. It establishes a mandate. DEM was provided with sworn statements of more than 50% of owners in that neighborhood and there is only one action DEM can take under the mandate. The city as a result of a resolution by this Council is one of the objectors, leading tech businesses are part of the objectors, the objectors represent a broad cross section of government, residential and business members in the community. Councilman Conley thanked all those who accomplished this task, the community organizers and in particular Jo-Ann Durfee adding that it is important that the City monitor the situation closely and that DEM comply with the mandate. If they don't Council will need to take action to make to ensure they do. Copies of the objection filed with DEM on April 25th will be provided to the City.
D. Resolutions
1. RESOLUTION IN SUPPORT OF LEGISLATION H-7801 AUTHORIZING PUBLIC ENTITIES TO USE OR DISPOSE OF DERELICT OR ABANDONED VESSELS WITHOUT FURTHER NOTICE TO OWNERS
WHEREAS, legislation was introduced on February 28, 2012 by Representatives Jan P. Malik, Raymond E. Gallison and Richard P. Morrison as bill 2012-H-7801 which would aid the City of East Providence with the disposal of abandoned or derelict vessels that sink or wash up along the shoreline; and
WHEREAS, this bill has the support of the R.I. Department of Environmental Management, the Coastal Resources Management Council, Save the Bay, Clean the Bay, and the R.I. Harbormasters Association.
NOW, THEREFORE, BE IT RESOLVED that the East Providence City Council hereby supports the above-mentioned legislation allowing the disposal of abandoned or derelict vessels that sink or wash up along the shoreline.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the East Providence City Council hereby requests that the City Clerk send a copy of this Resolution 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, Representative Jan P. Malik, Representative Raymond E. Gallison, and Representative Richard P. Morrison.
This resolution shall become effective upon its passage.
Requested by: Mayor Bruce Rogers
Councilman Conley makes a motion to dispense with the reading of the resolution..
A motion to approve is made by Councilman Conley, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous with Councilwoman Kleyla absent.
2. RESOLUTION MEMORIALIZING THE GENERAL ASSEMBLY TO ENACT LEGISLATION ESTABLISHING THE EAST BAY ENERGY CONSORTIUM
WHEREAS, the City Council of the City of East Providence endorses and supports the use of alternative sources of energy for the production of electricity for use in the City; and
WHEREAS, the generation of electricity from local alternative energy sources will mitigate the impact of electricity supply and price disruptions originating outside the state; and
WHEREAS, the towns of Barrington, Bristol, Little Compton, Middletown, Portsmouth, Tiverton, and Warren and the cities of East Providence and Newport have proposed to develop facilities for the local generation of electricity through the use of alternative energy sources other than fossil fuels through the establishment of the East Bay Energy Consortium (EBEC); and
WHEREAS, this effort is considered to be a Statewide model of municipal collaboration and may result in significant fiscal benefits for the participating municipalities; and
WHEREAS, the Council of each City and Town that is member of EBEC must pass a resolution of support for the EBEC legislation in order to establish the East Bay Energy Consortium;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of East Providence hereby memorializes the Rhode Island General Assembly to enact legislation authorizing the City to join with other towns and cities as listed above to establish the East Bay Energy Consortium.
This resolution shall become effective upon its passage.
Requested by: Director of Planning
Eric Bush Program Manager for the East Bay Energy Consortium is present to answer any questions.
Director Boyle explains that this consortium is made up of 9 communities from East Providence Newport with various projects and wind farm locations in Tiverton at the Tiverton Industrial Park. If successful we estimate that it cold generate 180,000 per year in revenues for East Providence the fact sheet in the Council's packet explains it is not just a loose group but an entity, a public agency. They meet at Roger Williams University and all 9 communities attend. The legislation submitted to the General Assembly would give them the ability to move forward on a more formalized basis to do the Tiverton project and other projects but does not obligate the City but gives us the ability to do this with no financial obligation. Seven of the nine communities have already passed resolutions in support and East Providence and Newport are the only ones remaining.
Councilman Conley makes a motion to dispense with the reading of the resolution.
A motion to approve is made by Councilman DiGioia, seconded by Councilman Conley and on a roll call vote it is unanimous with Councilwoman Kleyla absent.
E. Communications
1. Anthony Ferreira, 44 Brightridge Avenue (02914) requesting to address the Council regarding contracts and agreements.
Upon Mr. Ferreira's request the item is deferred until the next Council meeting.
2. Freddie Rybka, 9 Cozzens Avenue (02915) requesting to address the Council regarding boat ramp.
Mr. Rybka asks about the Sabins Point boat ramp and what happened to it. The City Manager states that the pier which was there was damaged due to weather and was removed and the pilons were also damaged they are at the DPW yard and require extensive repairs and the pilons need to be reinstalled. If the funds are available via a grant or otherwise maybe the City can put it back. Director Coutu and Boyle have a meeting with DEM and the Nature Conservancy and maybe able to obtain monies they will report back.
3. Chrissy Rossi, 29 Woodbine Street (02915) requesting to address the Council regarding free City services.
Ms. Rossi states the food bank that is now closing on the third floor was one of the last free services the City offered it citizens. It is hard for people to ask for help when they need it and she was there getting food for people who needed it. She added that the City Manager and the Mayor are part of the Budget Commission and they didn't even fight for it.
Mayor Rogers stated he appealed for it but that the Budget Commission is giving the Affirmative Action officer new duties that need to get done for the City and the School Department and his time will be totally used up. There are places that do better than we do for food assistance and if one person calls me saying they called all the agencies and can't get the food then I'll fight for it.
The City Manager stated the Affirmative Action Director needs to do what he is supposed to do in his job and he feels we should let the agencies provide the food. There are a plethora of agencies that provide this service.
Ms. Rossi stated she can't see the need for the Budget Commission to take what little bit we still offer our people. The Chairman lives in North Providence but here in East Providence we are caring for our people.
XI. ADJOURN TO EXECUTIVE SESSION
A motion is made by Councilman Conley to adjourn the meeting and defer the Executive Session Claims items to the next Council meeting, May 15th, this is seconded by Councilman DiGioia and on a roll call vote it is unanimous with Councilwoman Kleyla absent.
XII. 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)
A. Claims Committee
1.Allstate Fire & Casualty Ins. Co.
2.Joanne O’Brien
3.Veronica Reis
4.Kathleen Rodrigues
* Any items listed on the Council Docket may be subject to a vote.
*If communications assistance is needed or any other accommodations to ensure equal participation please contact the City Clerk’s Office at 435-7590.
Approved By Council: May 15, 2012
Attest: _______________
City Clerk