I.                   EXECUTIVE SESSION

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

A.    Claims Committee

See concurrently posted Claims Committee Meeting Agenda.

II.                CALL TO ORDER

III.             INVOCATION

IV.             SALUTE TO THE FLAG

V.                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.   Resolutions from the Town of Portsmouth supporting legislation-amendments to 16-7-44 School Housing Costs and supporting legislation to Protect RI Cities and Towns and Their Public Officials/Employees.

2.   Resolution from the Town of Narragansett opposing H-5961 regarding School Teacher Arbitration. 

3.   Resolution from the Town of Foster opposing H-5783 regulation of Outdoor Wood-Fired Heaters. 

4.   Coastal Resources Management Council Notice of Rescheduling of Public Hearing regarding Administrative Procedures Act, Wednesday, May 4, 2011 at 6:00PM, Conference Room B, Administration Building, One Capitol Hill, Providence, RI 02903.

5.   Notice of New Property Number, Mr. Kevin McKay, Tockwotton Home, 74 East Street, Providence RI 02903, formerly 99 Mauran Avenue/Pier Road, Map 016, Block 21, Parcel 007.00 and Map 016, Block 22, Parcell 001.00, Zone: Bold Point Harbor Waterfront Sub-District the new number will be 500 Waterfront Drive, Map 016, Block 21, Parcel 007.00 and Map 016, Block 22, Parcel 001.00.

B.     Vict/Not Over 25 – Transfer

Transfer from Chelsey’s General Store, LLC to Jetty, Mini DBA J Mart

C.    Holiday Sales

Transfer from Chelsey’s General Store, LLC to Jetty, Mini DBA J Mart

D.    Alcoholic Beverage Class F

Lauren Zarembka Scholarship Fund, St. Brendan’s Hall, 55 Turner Avenue (02915) Mary 28, 2011

E.     Cancellation/Abatements

F.     Council Journals

1.Regular Council Meeting February 15, 2011

2.Executive Session February 15, 2011

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

VI.             Public Comment

1. Tom Riley - Tow Lists

2. Lynn Miller - City Solicitors

3. James Briden  - TLA Pond View

4. Ken Schneider - TLA Pond View

5. Ken Foley - TLA Pond View

VII.          APPOINTMENTS

1.Ancient Little Neck Cemetery - Re-appointment (by Councilman DiGioia)

Jeff Aronson, 35 Forbes Street (02915)

A motion to approve is made by Councilman DiGioia, seconded by Councilman Conley and on a roll call vote it is unanimous.

2.Beautification Committee (by Assistant Mayor Rose)

Rosemarie Pereira, 40 Cumberland Road (02915)

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

3.Ancient Little  Neck Cemetery – Re-appointment (by Councilman DiGioia)

Melissa Perierra, 5 Stoneham Drive (02915)

A motion to approve is made by Councilman DiGioia, seconded by Councilman Conley and on a roll call vote it is unanimous. 

4.Library Board of Trustees – Re-appointment (by Councilman Conley)

Janet Seals, 30 Stephen Street (02915)

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

5.Ancient Little Neck Cemetery – Re-appointment (by Councilman DiGioia)

Judith Dufault, 6 Vista Drive (02916)

A motion to approve is made by Councilman DiGioia, seconded by Councilman Conley and on a roll call vote it is unanimous. 

VIII.       LICENSES REQUIRING PUBLIC HEARING

B.     B – Limited Vict.

Ava Kerolos, Inc DBA Zoe’s Pizza & Seafood, 1022 South Broadway (02914), George N. Yanna, 72 Cross Street, FL 3, Woonsocket (02895)

Kathleen Connell, 170 Spring Street, Newport testified for Mr. Yanna. 

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

IX.             LICENSES NOT REQUIRING PUBLIC HEARING

A. Carnival

The Gordon School, 45 Maxfield Avenue (02914), Colleen Alford, 45 Barberry Hill Road, Providence. 

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

B. Vict/Not Over 50

Ava Kerolos, Inc DBA Zoe’s Pizza & Seafood, 1022 South Broadway (02914), George N. Yanna, 72 Cross Street, FL 3, Woonsocket (02895)

Kathleen Connell, 170 Spring Street, Newport testified for Mr. Yanna. 

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

X.                NEW BUSINESS

A. Reports of Other City Officials

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

The Claims were deferred to the next meeting on a motion by Councilwoman Kleyla, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous. 

2. Assistant City Solicitor Report (by Robert Craven)

Dean Ross v. EP City Council – OMA Complaint

This item was deferred until the next meeting. 

3. Letter regarding an Easement for 22 Harding Avenue request for Council to refer the matter to the Planning Board for review (by City Clerk, Kim Casci)

A motion to approve the item be deferred to the Planning Board is made by Councilman Conley, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous. 

4. Handicap Parking Sign, 145 Burgess Avenue (by Director of Public Works, Stephen Coutu)

A motion to approve is made by Councilman Conley, seconded by Councilman DiGioia and on a roll call vote it is unanimous.

C.    Council Members

1.      State Street Neighborhood Update (by Mayor Rogers)

The Mayor stated that he walked the neighborhood and it was covered by the local papers.  Had a petition of more than 60 signatures, the Assistant Mayor went as well.  Petitions will go to FEMA and CDBG.  People in this neighborhood are desperate for relief.  Anyone from the neighborhood wishing to sign the petition it will be in the Clerk's office for the next week.  This petition will also go to the Federal Representatives, Senators and the Governor. 

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

The Mayor stated he would be walking the neighborhood with an environmental inspector and Jack Walsh of Pond View.  He will be asking them to get samples of air, water, dust etc...asking TLA Pond View to pay for these samplings.  He is asking anyone in the neighborhood who would like to make themselves available to show him any issues they have. He will be there on Saturday at 10:00am until done. 

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

The Mayor stated he has been receiving a number of complaints that these "free" papers are delivered to homes which are vacant or which do not want them and they are left to litter the streets.  The Mayor referred to the City Clerk who explained that survey would be placed on the City website via survey monkey.  People are able to sign an electronic petition against the papers if they wish and these will later be submitted to the Providence Journal with the suggestion of elimination of this mandatory delivery.

4.      Yard Debris Stickers (by Mayor Rogers)

The Mayor stated he received complaints of yard debris not being picked up.  However, people need to remember if they are putting yard debris in excess barrels they need to obtain a sticker. The stickers are free and you can get them in the Public Works Department.  If the truck goes by and can't see the sticker they truck may pass it by thinking it is for regular garbage pick-up. 

5.      Sister City Ribeira Grande Committee (by Mayor Rogers)

The Mayor stated he was asked to reactivate the Sister City Ribeira Grande Committee.  This was active years ago and we were able to help with dental care in Ribeira Grande via sending dentists there to care for them.  Anyone on the committee who still wishes to be on the committee please contact the Mayor or the City Clerk to let us know.  Anyone knew interested please contact the Mayor or the City Clerk. 

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

The Mayor stated this was a yearly event in the City of East Providence.  Last year it was not done.  The City combines the two days.  We would like to revive this tradition this year.  We need to put a committee together to accomplish this and are looking for volunteers.  Please contact the Mayor or the City Clerk if you are interested. 

7. Special Events/Feasts (by Mayor Rogers)

The Mayor stated that there may be a situation regarding the feasts and the cost of additional police details.  If the cost of the feasts get too high they cannot afford to run the events.  The Mayor asked the City Manager to review these costs to find a way this cost can be kept down so that safety is still accomplished but not at a cost the organizations cannot afford. 

8. Minimum Standard Board of Appeals (by Mayor Rogers)

The Mayor stated the Law Department had let him know there was not an active board and there are a few appeals pending and they are not sure where to send them.  Instead of these being referred to the State he would like to see appointments made and/or updated so that a review panel can take place.  The Mayor read the ordinance on who can qualify to be on the appeals board.  If anyone is interested or if anyone on the Council knows of someone interested please contact the Mayor or the City Clerk. 

9. Plows (by Mayor Rogers)

The Mayor stated during his office hours constituents often come in and discuss items with him.  He recently had been told that plow lights from the City Yard have been stolen on more than one occasion and had a police report from March of this year stating the theft.  The Mayor asked the Public Works Director to come forward to discuss security. 

Director Coutu explained what was stolen was plow lights and a pump at a value of about $2,000.  It's a big site to secure.  The site is fenced and gated, there is a camera system but it's not fully comprehensive.  About 4-5 years ago there had been another incident.  In busy winters we have not been the only site hit by theft.  Adding they try to keep the equipment in line of the camera but when it's very busy with all the equipment this can happen. 

The Mayor called the Police Chief to the podium. The Chief stated it was an open investigation.  For the future taking photos and good descriptions on these items helps them to find the equipment.  Adding it would be his goal to increase the cameras at various locations especially since they are so inexpensive now.

Director Coutu adding they could increase the lighting there as well. 

The Mayor asked if as a matter of policy if items are stolen from the City that this be brought to the City Council so that tax payers can know that something has been stolen and that we are taking action. 

10. East Providence Police Department Explorer Program (by Assistant Mayor Rose)

The Assistant Mayor asked Sgt. Pacheco to come to the podium to explain the program. 

Sgt. David Pacheco explained the explorer program, for youth between 14-21 years of age and chartered annually through the Boy Scouts of America.  It exposes young men and women to police work, development of character and life skills.  Organized along the same lines as the police department, there are testing procedures etc...they learn leadership skills.  Currently there are 37 active members.  It serves as a recruitment tool for the police department as well. 

The Chief also came to the podium and spoke about the program and its success as well as knowing Sgt. Pacheco as an explorer in Warwick before he came to East Providence. 

Councilman Conley stated that he felt the suggestion of local businesses supporting the program particularly for those who wish to participate but are in financial need is a great idea by Sgt. Pacheco.

11. Waddington School Playground (by Councilman DiGioia)

Councilman DiGioia stated he spoke with residents and heard from many people regarding the need for a playground for Waddington Elementary School.  Kboom and Dr Pepper and Snapple are giving grants and that Waddington School has made the top 10 and Waddington is currently in second place.  The only school in New England in the top 10.  People go on the website every day and can vote once a day.  Flyers are located in the back of the room and on patch.com on how people can vote, if the East Providence Post can put this on their site and if the City Clerk can place this item on the website more people can be notified on how to vote.  Councilman DiGioia thanked residents, parents, teachers and businesses for all their help so far voting and fundraising and getting the word out. 

Councilman DiGioia requested John Bell, 23 Timberland Drive (02915) to come up and explain what is going on and how to help and vote.  There is a commercial on line on the website for the playground. 

12. TLA/Pond View Legal Status Update (by Councilman Conley)

Councilman Conley stated that DEM did approve the increase to 1500 tons.  This is disappointing but there are encouraging events surrounding this.  The decision does contain significant conditions, twenty seven of them.  This is the first time that DEM has scrutinized the public comments and addressed some although it is insufficient.  There is air, ground and water quality monitoring.  There are only two inspectors in RI responsible for verifying of compliance.  This is why third party monitoring reimbursement which was granted as a condition is important.  The City needs to aggressively enforce our zoning related to Pond View.  This reinforced to us that we are responsible to enforce our zoning and not secondary to DEM.  In the event that local zoning limits the facility the facility shall submit a proposed amendment within 21 days of the effective date of those conditions to reflect consistency with the City. Councilman Conley continued that the land use is well beyond the original variance and therefore it is the City's responsibility to enforce this.  He has contacted the City Manager to instruct the Zoning Officer to enforce the variance.  Formally ask the City Manager that the Zoning Officer with support from the legal office to enforce our zoning code.  We have already passed the resolution to file the appeal and seek the stay. 

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

Last evening there was a joint meeting of Council and School Committee.  The discussion revolved around financial issues of consolidation.  I spoke at length regarding the deficit elimination committee.  We had our first meeting last week.  The committee got off to a very good start.  We agreed on some basic analysis we need to do in order to present a valid proposal to Council.  We learned the audit 09/10 was about to become due and that the draft audit shows the deficit to be about $6.316 million. Considering the growth in the past it's not bad as far as growth goes.  There are going to be holes in those budgets that there are deficits being incurred as we sit here.  It wasn't sufficient just to accept the audited report but it is necessary for us to determine as best we can what kind of an operating deficit we are looking at this year and include it in the proposal to the Council.  We've asked for very specific information from the City Manager and School Department, revenues, expenditures, excess expenditures so that we can understand what kind of a deficit we are looking at before we can discuss how we can eliminate it.  We need to understand the drivers in both budgets causing those deficits.  I have asked for information regarding the status of the Waste Water Fund. This is a revenue fund but if you drive deficits in the fund it puts pressure on the general fund and you need to find revenue.  The draft audit is going to tell us we are on our way to a $1.5 million dollar deficit in the Waste Water Account based on the transaction agreed to with United Water.  Where there is discouraging news we look for encouraging news, we have reps from School and City engaged as a committee working together to put together a proposal and look at the budget this year before it is too late.  The next meeting is May 12th.  We encourage the public to attend.  We have revenue ideas from the Fire Department to look at.  We are also looking at cuts in all places.  We want this to be as participatory as possible.  The proposals in past years were top down just suddenly appearing on Council dockets this is an opportunity to see the Council, School Committee and Departments in action so please come and participate. 

F. Communications

1.      Wesley D. Plante, B.F.A., B.L.A., 193 Waterman Avenue, Apt. 7 (02914) requesting to address the Council regarding Forbes Street Solar Project need for Council ratification of Land Plan Associates.

Mr. Plante spoke regarding whether the solar panels are modifiable as well as the proximity of the site plan. 

2.      Thomas C. Riley, 3620 Pawtucket Avenue (02915) requesting to address the Council regarding Pond View suit cost benefit analysis. 

Mr. Riley spoke regarding the original variance and the process it took at that time. 

XI.             ADJOURNMENT

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:  September 4, 2012

Attest:  ____________

               City Clerk