CITY OF EAST PROVIDENCE

RHODE ISLAND

JOURNAL OF REGULAR COUNCIL MEETING

May 15, 2012

Council Chambers, City Hall, 145 Taunton Avenue, East Providence, RI 02914

Executive Session 7:00 P.M., Room 101

7:30 P.M. Open Session

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

1. Allstate Fire & Casualty Ins. Co.

2. Margaret McAlarney

3. Joanne O’Brien

4. Ocean state Towing & Recovery, Inc.

5. Veronica Reis

6. Kathleen Rodrigues

II. CALL TO ORDER

The Mayor calls the meeting to order at 7:30PM and dedicates a moment of silence to James Carvalho a Special Police Officer who recently passed away.

III. SALUTE TO THE FLAG

Governor Chafee arrived and was moved to top of Docket before the Consent Calendar. The Governor thanked the Council for their cooperative work and referred to a chart of State funds to cities in the most distress. In Central Fall went bankrupt, Providence in Woonsocket face that possibility as well as a possible 13% tax increase in Woonsocket. East Providence never really faced the bankruptcy scenario while the other communities mentioned are the ones really teetering on the edge. The proposed legislative package will help cities and towns especially those in the most trouble.

The Mayor asked if Council members had any questions or if there was anyone from the public who had any questions.

Councilman DiGioia thanked the Governor and asked if he was confident that he would receive General Assembly support?

The Governor stated that 33 out of 39 cities and towns are sending resolutions in support but it is still difficult to communicate local issues to State leaders as many have not served on the local level but he feels the resolutions will help.

The Mayor asked if this legislation passed does it mean that the community must use it?

The Governor stated that the cities and towns make that decision at the local level there is no mandate but rather it is a result of listening to the mayors and town managers from around the State.

Corliss Blanchard, Roger Williams Avenue asked the Governor if there was any possibility to regionalize.

The Governor responded they are always looking for these opportunities such as the discussion of merging central Falls with Pawtucket.

Ms. Blanchard added that she is happy to hear this. There are times when issues in a local community do not get heard statewide such as the issue of TLA/Pond View and she presented the Governor with a photo of the site.

Ralph Ezovski President of the IBPO stated that the legislation allows for a highly distressed community to eliminate mandates on collective bargaining and minimum manning.

The Governor responded that this is for the use of a highly distressed community only and that this is defined in the law. After the contract has expired and before the city or town would be going to bankruptcy adding that New Jersey which is a pro labor state has this legislation.

Mr. Ezovski added stated that this was public safety arbitration.

The Governor responded that binding arbitration is the hot button issue. Mr. Ezovski stated that Mayor Fontaine in Woonsocket points to one that the City of Woonsocket adhered to and didn't raise taxes under Meynard for 10 years. There is a back and forth on this issue. At the end with no further comments from those in attendance the Mayor asks if there are any objections by Council to move the resolution up on the docket for a vote. No objection is heard.

The Mayor instructs the City Clerk to read the resolution in its entirety.

1. RESOLUTION IN SUPPORT OF THE MUNICIPAL RELIEF AND REFORM LEGISLATIVE PACKAGE SUBMITTED BY GOVERNOR LINCOLN D. CHAFFEE

WHEREAS, since the onset of the "Great Recession," cities and towns in Rhode Island have been struggling to find the means necessary to provide the vital services their residents require without becoming insolvent or taxing their residents out of their homes; and

WHEREAS, cuts in state aid to cities and towns have resulted in the level of municipal services being cut, hundreds of municipal workers being laid off, municipal salaries and benefits being renegotiated downward, reserve funds being wiped out and increases in the most onerous of all broadbased taxes, the property tax; and

WHEREAS, in East Providence alone, the loss of state aid is $8,100,000 each year, from a $2,300,000 loss of general revenue sharing and a $5,800,000 loss of motor vehicle tax reimbursements; and

WHEREAS, to offset these losses, municipalities have been asking the state for four years to provide them with the tools to make the cuts they need to help offset the loss of the state revenues and to control ever-increasing pension costs, with full Annual Required Contribution of $7,800,000 to $9,300,000 in East Providence, in addition to $1,800,000 currently contributed; and OPEB costs, with full Annual Required Contribution of $5,900,000 to $6,300,000 in East Providence; and

WHEREAS, recognizing the plight of municipalities, Governor Chafee is submitting a package of legislation to help municipalities resolve their financial problems and begin the process of recovery and financial stability;

WHEREAS, the package of bills includes:

Legislation authorizing "highly distressed communities" to eliminate mandates and affect collective bargaining agreements and binding arbitration;
Legislation reducing disability pensions for people in the MERS system to 50% for those who can perform other employment;
Legislation authorizing cities and towns to limit pension benefits for new and non-vested employees in locally administered pensions to the benefits paid to employees in the MERS system, which would eventually result in the local plan savings of $2,900,000 annually in East Providence due to the age threshold for benefit payment eligibility;
Legislation authorizing municipalities with a locally administered pension to withhold cost of living adjustments if the pension is less than 60% funded and after certain findings are made, which would result in the local plan savings of $264,000 annually in East Providence due to suspension of 3% benefit adjustment;
Legislation requiring all school districts to implement a school budget model approved by the commissioner of education;
Legislation providing that supplemental appropriations for the payment of past annual school department expenditures would not be included in a municipality's maintenance of effort requirement, which would allow East Providence to address the $7,300,000 accumulated Schools deficit without allocating this amount forward;
Legislation changing the dates and percentages of payments for foundation level school support and approved expenditures and also for payments of distressed community aid, with East Providence standing to benefit circa $750,000 if it was included in the distressed community relief fund;

WHEREAS, the East Providence City Council believes that passage of this legislative package is in the best interest of the City of East Providence.

NOW, THEREFORE, BE IT RESOLVED, that the East Providence City Council does hereby support the legislative package submitted by Governor Chafee to assist cities and towns and urges the East Providence delegation to the General Assembly to work diligently for its passage.

Requested By: The City Manager

Under discussion the Mayor states that this is not a mandate but rather creates legislation which puts the power back into local hands to decide how to handle.

A motion to approve is made by Councilman DiGioia, seconded by Councilwoman Kleyla and on a roll call vote the resolution is approved unanimously.

IV. 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. Coastal Resources Management Council, May 2012 Calendar.

2. RI DEM Office of Water Resources, Public Notice, draft RIPDES Pesticide General Permit (PGP) for discharges from the application of pesticides.

B. Cancellation/Abatements

Year	Amount
2011	$93.13
2007	$145.06
2006	$30.42
Total	$268.61

C. Council Journals

1. Regular Council Meeting May 1, 2012

D. Transfer Vict/Not Over 25

1. Hanuman, LLC DBA Willett Farms to P & M Enterprise, Inc. DBA Willett Farms, 185, Willett Avenue (02915)

2. Chen Ai Lin DBA New China to Chen, Yi Mou DBA No. 1 China, 656 Bullocks Point Avenue (02915)

E. Transfer Holiday Sales

Hanuman, LLC DBA Willett Farms to P & M Enterprise, Inc. DBA Willett Farms, 185, Willett Avenue (02915)

F. Class F

1. Gary Creta, 25 Glen Farms Ct. Warwick (02889),Car Show to Benefit the Trudeau Center, Brightridge Club, June 3, 2012

2. Kim Casci, 1 Cedarwood Drive (02915), Motorcycle Run to Benefit Defenders of Animals, May 20, 2012.

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

V. PUBLIC COMMENT

1. Candy Seel, 1340 South Broadway - East Providence Police Officers Memorial Service.

2. Jo-Ann Durfee, 14 Omega Way - Zoning Officer Ignoring Pond View Violations

3. Al Palotta, Roger Williams Avenue -Zoning Officer Ignoring Pond View Violations

4. Corliss Blanchard, Roger Williams Avenue -Zoning Officer Ignoring Pond View Violations

5. Anthony St. Angelo, Roger Williams Avenue-Zoning Officer Ignoring Pond View Violations

6. Dot O'Gara - Zoning Officer Ignoring Pond View Violations

7. Ken Schneider, Edward Avenue - Zoning Officer Ignoring Pond View Violations

8. Christine Patterson, Don Avenue - Zoning Officer Ignoring Pond View Violations

9. James Briden, Hollow Ridge Road - Zoning Officer Ignoring Pond View Violations

10. John Rogers, Associated Radio Amateurs of Southern New England - will speak later on docket for radio station

11. Richard Venable, Peddlers License - will speak later on docket for license

12. Karin M. Donovan - CDBG

13. Anthony Ferreira - Budget Books

14. Ralph Ezovski - Resolution for Relief - already spoke when Governor's Resolution was discussed

15. Tom Riley, combining municipalities utilities and Lance Chapel 1 Patriot Way, West Greenwich

16. Peter Oppenheimer, 22 Woburn Road - Pond View

VI. LICENSES NOT REQUIRING PUBLIC HEARING

A. Peddler/Ice Cream

Raul Nieves Rodriguez DBA Palagi's Ice Cream, 55 Bacon Street, Pawtucket (02860)

Testifying: Alex Artega, 237 Suffix Avenue, Pawtucket. Raul Nieves speaks that he obtains the license every year he is now renewing two licenses in the City. The driver has to apply. Regular hours are 9am-8pm 7 days a week.

The Mayor asks the City Clerk to explain the difference between a Hawker and a Peddler.

The Mayor asks the applicant if there is an arrangement with any leagues giving Palagi's a sole rights to a field location.

Mr. Nieves responds we have given donations to different leagues in support of their teams.

The Mayor asks if they are exclusive at that location?

Mr. Nieves responds that a lot of the youth organizations have concessions and it is up to them to run them as they wish. We become part of that concession. We ask for an opportunity to become part of the concession.

The Mayor asks the City Manager to review these with the Recreation Director because they don't really have that right unless we as the Council and City want to do this and then we set up a policy as such. It should not be at their discretion it should be written policy to be fair to all.

The Mayor asks the City Manager to provide this information to them and if a policy is drafted to have it come back to Council.

A motion to approve is made by Councilwoman Kleyla, seconded by Assistant Mayor Rose and on a roll call vote the license is approved unanimously.

B. Peddler/Ice Cream

Richard J. Venable DBA Del's Lemonade, 400 Waterman Avenue (02914)

Motion___By___2^nd___

Conley___DiGioia___Kleyla___Rose___Rogers___

Richard Venable 50 Swan Street, East Providence

This is a license which Mr. Venable states he applies for each year and uses for a 4 month period starting now until the end of summer.

A motion to approve is made by Councilwoman Kleyla, seconded by Assistant Mayor Rose and on a roll call vote the license is approved unanimously.

C. Hawker

Keith M. Lambert DBA Keystone Novelties, 201 Seymour Street, Lancaster, PA 17603 Location: 40 Highland Avenue

Mr. Lambert stated they applied last year and used both the locations. Mayor Rogers relays paperwork that a different company sent to the Clerk's office stating they had a contract with Rite Aid to lease the same location.

The Fire Chief is called up and acknowledges that the State has not added any new regulations and that there is no additional direction from the State.

Assistant Mayor Rose states that he has something further on the docket regarding this because he has an issue with any tents going up this year which will be selling fireworks and that he will be voting against this based on a safety issue. He added there are vacant store fronts which may have fire safety guidelines in place. Additionally, Hawkers pay the City only $150 fee to make their money and leave and they pay no inventory tax like other businesses have to pay.

Mr. Lambert states they will not set up next other businesses selling the same items.

Councilman Conley stated that there is a distinction in that we have businesses open year round which sell flowers, they are flower shops, these sidewalk shops on special days impacts an identifiable business. Last year he voted for the firework hawkers because he saw them differently and is inclined to view them differently this year as well.

Assistant Mayor Rose states that tents in Pawtucket are not allowed to sell fireworks per City ordinance and he would like East Providence to propose the same ordinance for the next docket. Last year we approved a few companies who rented store fronts and we have so many empty store fronts this would work for everyone.

Councilman Conley asked the Fire Chief to come back up and state what are his concerns about the tents.

The Chief states there are no suppression systems in there and there are products that can burn if exposed to a flame. The people inside the tents don't have the proper precautions.

The Chief continued explaining that fire codes would be applicable once they are inside a building.

The Chief called the Fire Marshall Oscar Elmasian to the podium, he stated that last year there were two buildings which were rented to sell fireworks one on Pawtucket Ave and one on the Wampanoag Trail one which was fully sprinklered and one with an alarm. Adding that tent inspections are done if the tent is over120 square feet. The fireworks are stored in a truck overnight.

Assistant Mayor Rose read an ordinance from the City of Pawtucket which prohibits the sale sale of fireworks under tents. Adding that he is not in favor of hawkers as they take away business from current permanent City businesses.

Councilman DiGioia stated that he is willing to reconsider the vote of last week when he voted against the flower hawker license.

Councilman Conley requested that since one of the firework sites listed is a point of contention as to which company is actually renting the space he would prefer that the Council only vote on the one license and not both. He asked the vendor straighten the issue out and then come back to Council for that license.

Councilwoman Kleyla asked the Fire Chief if it is the profession opinion of the Fire Department that they only authorize the sale of fireworks in buildings.

The Fire Chief stated without a doubt and they need to use NFPAL standards.

Councilwoman Kleyla added that if the City had two vendors last year who were willing to locate in a store front and if that is the Fire Department's opinion then we should do that.

A motion to approve is made to approve the license by Councilman DiGioia, seconded by Councilman Conley and on a roll call vote the motion fails with Council members, Kleyla, Rose and Mayor Rogers voting Nay.

D. Hawker

Keith M. Lambert DBA Keystone Novelties, 201 Seymour Street, Lancaster, PA 17603 Location: 655 Warren Avenue

Under discussion Councilman Conley requests that they vote contingent upon a resolution to the question of occupancy at the location.

A motion to approve is made by Councilman DiGioia, seconded by Councilman Conley to approve the license contingent upon the double occupancy issue being resolved and on a roll call vote the motion fails with Council members Kleyla, Rose and Mayor Rogers voting Nay.

VII. NEW BUSINESS

A. City Managers Report (by City Manager Peter Graczykowski)

The City Manager requested unanimous consent to make an announcement and this was granted. The City of East Providence has received the Heart Safe Community Award. John Potvin the Fire Department's Director of Emergency Medical Services was called to the podium. He is the Chairman of the East Providence Heart Safe Committee they began the process in 2009 and have 133 citizens trained in the art of CPR.

Michelle Baron from the RI Dept of Health stated that East Providence is the fourth Heart Safe community in RI. The official traffic signs and decals are presented to the City Manager and the Mayor for the city.

1. Departmental Activity Update

The Departmental Activity update was included in the Council packet for review.

2. Governor's Municipal Relief and Reform Legislative Package

This topic was already covered earlier on the docket.

3. Moody's Rating Update

The City Manager stated that as of May 7th Moody's upgraded East Providence to a stable outlook this is in most part attributable to the Council, the Administration and the Budget Commission working together.

4. East Providence Budget Commission Activity Update

The City Manager reported that the RI Philharmonic tax exemption which the Council had supported has been reversed by the Budget Commission. The Budget Commission has authorized the City Manager to enter into an arrangement with the school in lieu of taxes.

There is a pending tax credit agreement in a situation where the tax payer made a clerical substantial error in tangible property tax and the City cannot tax property which they don't. The City will have to return the funds.

The City will offset against their real estate taxes for the next few years to accomplish this.

The Budget Commission approved the phase out of the early tax payment discount.

They also amended the resolution concerning the homestead exemption for phase out in 2026 which is a 15 year phase out.

They also added a penalty for falsely claiming the exemption retroactive for up to 6 years and to add a 15% interest per year.

At the Budget Commission's May 10th meeting they had the second reading of the tax rate change and also the first reading of the new revised FY12 budget which is attached to the Council packets for the City and School and is available on line as well.

Mayor Rogers asked the City Manager to provide the increments in the phase out of the early pay.

The City Manager states 3% to 2% this year, next year 1.5% then 1% then .5%

The Mayor asked him to confirm there will be no changes in Veterans and Senior exemptions?

The City Manager states that is correct.

Councilman Conley asks if the Budget Commission has taken a look at Councilman Zuria from Providence who has a proposal and the City Manager replied absolutely and that they have asked the Assessor to take a look at it.

5. Proposed Charter Amendments

The City Manager reports the Home Rule Charter was created in 1954 and there have been amendments since then. A lot of cities and towns use a charter commission to review but this is only required when it is originally adopted not when amending. When amending the people vote at the polls. These amendments have been created in conjunction with the Budget Commission and are attached for consideration. The resolutions pertaining to these amendments would then go to Canvassing who sends them to the Secretary of State and then to ballot finally going to the General Assembly to ratify.

The City Manager reports that regarding the amendment to change the fiscal year they are asking for the opportunity to change it only not how or when.

Councilman Conley states that he is in favor of the concept of synchronization to match with the state and that this certainly needs to be looked at for both the bad and good aspects but we are being asked to shoot now and ask questions later. We need more analysis, he is open to getting information but there is no public policy analysis being provided. Why do we need to ask for the change by ordinance instead of by charter is that something the financial houses look at? For example would a change in the charter be more secure so this needs a real public policy analysis. That has not been provided. There are a number of ways to implement this but we are receiving no information regarding the best way to achieve the goal. We need to know what is the immediate effect before we can in good faith ask the voters to invest in this. We need all those questions answered if the Budget Commission is asking these elected officials to make these changes then we need to be given the fiscal analysis.

The City Manager states that the analysis is not here because it's just a procedural change. It can only happen during a general election and we are asking for the ability to make the change. When it's time for an ordinance then the information will be provided.

Councilman Conley states we'll do the analysis later now is not the way to run a government.

The City Manager states that the Council has only until July 1 to make this decision.

Councilman Conley states that he is not at all sympathetic with the time constraint.

Councilwoman Kleyla asks if the reason that the City Manager is requesting the charter amendment is because he has no idea what those possibilities are?

The City Manager states that the City will develop the various options.

Councilman DiGoia states we don't have adequate information on what we are voting on and he can't support this.

The City Manager discusses the next amendment which establishes reserve fund or a rainy day fund. For every 99% the City spends 1% is established to be put in a rainy day fund for capital improvements. The Budget Commission passed this by ordinance already.

Councilman Conley states this is the same model problem it's a good idea and we do know the financial houses like local governments which have budget reserves but what is the information on how it is viewed, recent analysis, cost which is probably about a million but let's see that analysis. We have no idea if we do this can we even implement it because of those double tax caps and he states he cannot support this presented to the Council in this way.

The City Manager states that it doesn't add anything to the tax payer it's the City who would be finally making fiscally responsible decisions to save money this is all good.

Councilman DiGioia asks if the Budget Commission drafted this then will they pass it anyway?

The City Manager states this one was passed by them as an ordinance and it was modeled after the State rainy day fund. They want to present this to the Council first and hope for a consensus. The Budget Commission has its own legal counsel and seeks its own opinion.

The Assistant Solicitor adds the City's law department does not advise the Budget Commission.

Councilman DiGioa asks for a legal opinion from the City's legal department.

Councilman Conley states that it is a strange way to get a consensus a person would usually provide information and advocate to get someone to buy into it.

The City Manager discusses the next item which is revising the organizational structure of the finance, police and fire departments including residency requirements. He adds this will bring the City into compliance with the State law. This amendment would also allow flexibility in reorganizing the City regarding these departments.

Councilman DiGioia asks if there was any input from the two chiefs?

The City Manager states no they are opposed to it.

Assistant Mayor Rose states he does not believe the City is ready to combine police and fire in this way.

Mayor Rogers asks if this portion can be amended.

The Assistant Solicitor responds they can amend the resolution and vote on it as amended.

Councilman Conley states he agrees with the concerns of the Assistant Mayor because if you are talking about it then you are thinking about doing it.

A discussion ensues regarding residency requirements.

Assistant Solicitor DiCenso states that it is illegal according to State law to force anyone but the City Manager to live within City.

Councilman Conley states he is not sure that the Supreme Court opinion goes that far.

The City Manager discusses the 4 year Council and School Committee term amendments.

Councilman Conley states he would like to see the analysis and would like to see from the Budget Commisson the financial analysis for these items. Why are these items in the charter a financial benefit to the City?

Councilman DiGioia states he is very uncomfortable, does the Budget Commission have the authority to overrule the Council on these items?

Councilman Conley asks what is the Budget Commission's fiscal analysis to that? At the very least there should be a recall provision.

Mayor Rogers states that in East Providence we did have four year terms and the State law which governs school committees four year terms puts us in violation.

Assistant Mayor Rose states that he feels we need to give the voters the right to decide and to take the reorganization of the police and fire off the table.

A motion to approve all the amendments except the reorganization of police chief and fire chief is made by Assistant Mayor Rose and Councilman Conley moves to separate each one and vote on them in individual resolutions, Councilman Conley's motion is seconded by Councilman DiGioia and on a roll call vote the motion passes 4-1 with Mayor Rogers voting Nay.

6. CDBG Proposed Funding for 2012/2013

David Bachrach is called to the podium. He has applied for the extension due to the discussion on the topic. There is another option before Council which is provided in their packet titled option D. The funds for economic development as a priority funding at $400,000 but to re-evaluate after 6 months and the funds allocated now and then after 6 months can be re-allocated to public services which are funded at $61,000.

The source of alternate funding for social service programs in option D with the ability to come back and look at economic development programming in 6 months and re-allocate the remaining funds elsewhere is proposed and the City will be extending the public comment period. At the next council meeting an official public hearing will be held and this can be officially presented to the public and then they will have 30 days for public comments. It will them be written up and presented to HUD.

The Police Chief has found alternative funding for the Women's Center Day One and the social worker with Police Department.

Councilman DiGioia states the Budget Commission is not listening or doesn't care this is a murky legal arena regarding their rights to allocate CDBG funds and this option D has already been voted on by the Budget Commission. We heard from our residents.

Mayor Rogers states that in this instance because there was never much put into economic development in previous years whichever the Council picks will probably be fine.

The City Manager states the discussions are on-going but economic development should be the focus of these funds.

David Bachrach states that to eliminate any small amounts of funds was what the Budget Commission had instructed the Planning Department to do.

B. Reports of Other City Officials

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

Ms. Rossi states that the Pepsi Refresh Project will take place this weekend from 9am-5pm they are looking for garden tools and painting for equipment as well as for volunteers.

The KRob bike ride and festival is this Sunday at 9am at Pierce.

The Orlo Avenue School Pasta Dinner is May 18 to raise more funds for the playground and is being held at EPHS from 5:30-7:30pm.

2. Tranquility Park/Silver Spring DEM Award Letters (by Director of Planning Jeanne Boyle)

Director Boyle announces the City was successful in receiving two grant awards via DEM for open space and recreation a grant of $152,000 for Tranquility Park at Jones Pond to be matched by other funding and to construct the Phase 1 including the memorial overlook, hilltop trail, amphitheater and canoe and paddle boats. An additional matching funds has been applied for to the Champlain Foundation.

Silver Spring has received $75,000 for playground equipment, basketball courts, seeding and irrigating with updated ADA approved equipment and a match has been applied for via the Champlain Foundation. They have up to two years to locate the matching funds. She thanked the architect Mr. Gates for his pro-bono work on the Tranquility project which is the 5th highest ranked project in the State.

3. Village on the Waterfront Update (by Director of Planning Jeanne Boyle)

The City is getting DOT approvals and DEM approvals as well as Coastal Resources Management Commission approvals. They are working on the looping of the waterline down Lyon Avenue to provide water service. This one aspect is a $300,000 item as well as the improvements to the Squantum Pond which was $150,000 this work is paid for by Village on the Waterfront.

C. Council Members

1. Bi-Weekly Update (by Mayor Rogers)

This item was skipped due to the lateness of the hour.

2. East Providence Youth Center/Jobs Program (by Mayor Rogers)

An overview of the Youth Center was provided. They operate throughout the East Bay and it is a program funded for summer employment, for 6 weeks, there is tutoring and job training 85% of the funding goes to youth wages.

The youth are working in City at local businesses and in the City Government. They have a work readiness program and then continue to help them find work when this is done. There is a career assessment done.

3. Firework Vendors/Hawkers (by Assistant Mayor Rose)

This was covered earlier in the meeting.

4. Forbes Street Landfill (by Assistant Mayor Rose)

The yard debris at the landfill can be sold the towns of Barrington and Warren are doing it. The Director of Public works will provide an update at the next meeting.

5. Request for Status Update on TLA/Pondview from the Law Department (by Councilman Conley)

Assistant Solicitor DiCenso states the stay was lifted 9/2012 the Zoning Appeal will go forward. It needs to go back before the receivership judge.

Councilman Conley states that the photos which were presented here tonight are to be officially submitted to the law department and the zoning official.

D. Resolutions

Resolution to allow the following Question to be Placed on the Ballot at the Next General Election:

Question allowing the City Charter of the City of East Providence to be amended to hold that the fiscal year for the City of East Providence shall be set by ordinance

WHEREAS, the Home Rule Charter for the City of East Providence was originally adopted by the Town of East Providence in September 1954; and

WHEREAS, Article XIII, Sec. 8 of the Rhode Island Constitution allows for the legislative body of any city or town to propose amendment to the Charter, which amendments shall be submitted for approval to the qualified electors of the City at a general or special election; and

WHEREAS It is in the best interest of the City of East Providence that the fiscal year shall be set so as to maximize revenue and reduce the costs of borrowing to the City; and

WHEREAS, the current provision of the City Charter Sec. 5-1 establishes that the fiscal year of the city government shall begin on the first day of November and shall end on the last day of October of each calendar year unless a uniform fiscal year for all cities and towns shall be established by state law; and

WHEREAS, R.I. Gen Laws §35-2-2 empowers the City Council of any city not having a fiscal year commencing July 1 to vote on the establishment of a fiscal year commencing on July 1; and

WHEREAS, the City Council desires to amend the City Charter to allow the fiscal year to be changed by ordinance.

NOW, THEREFORE, BE IT RESOLVED that this proposed Charter amendment question be placed on the ballot in the next general election.

BE IT FURTHER RESOLVED that the ballot question expressly state that the amendment becomes effective upon passage without further action.

This Resolution shall become effective upon its passage.

A motion is made to approve the resolution by Assistant Mayor Rose, seconded by Councilwoman Kleyla and on a roll call vote the motion passes 3-2 with Councilmember Conley and DiGioia voting Nay.

Resolution to allow the following Question to be Placed on the Ballot at the Next General Election:

Question allowing the City Charter of the City of East Providence to be amended to hold that there be established a budget reserve fund in the City of East Providence

WHEREAS, the Home Rule Charter for the City of East Providence was originally adopted by the Town of East Providence in September 1954; and

WHEREAS, the current provision of the City Charter Article V. Budget, Secs. 5-1 et seq. establish the requirements to set the annual budget; and

WHEREAS, it is in the best interest of the City to place limitations on spending and establish a reserve fund; and

WHEREAS, the City Council desires to amend the City Charter to add the following section to allow the limitations on spending and the establishment of a budget reserve fund as follows;

Sec. 5-15

(a) No budget act shall cause the aggregate expenditures enacted in any given fiscal year to exceed ninety nine percent (99%) of the anticipated revenues for such fiscal year as defined in Article V. Sec. 5-5 of this Charter.

(b) There is hereby established a budget reserve fund. Revenues in this budget reserve fund may be included in the budget, whenever:

(1) the city forecasts or experiences a loss in total non-property tax revenues and the loss is certified by the director of finance;

(2) The city experiences or anticipates an emergency situation, which shall be deemed to exist when the city experiences or anticipates health insurance costs, retirement contributions or utility expenditures which exceed the prior fiscal year's health insurance costs, retirement contributions or utility expenditures by a percentage greater than ten and one-half percent(10.5%);

(3) The city forecasts or experiences debt services expenditures net of any state aid reimbursement which exceed the prior year's debt service expenditures by an amount greater than three and one-half percent (3.5 %) and which are the result of bonded debt issued in a manner consistent with general law or a special act.

(4) The city experiences substantial growth in its tax base as the result of major new construction which necessitates either significant infrastructure or school housing expenditures by the city or a significant increase in the need for essential municipal services and such increase in expenditures or demand for services is certified by the director of finance.

Whenever funds are used, they must be replenished in equal parts over the two succeeding fiscal years to the amount that would have been in the fund had the expenditures not been made from the fund.

(c) The amount between the applicable percentage in (a) and one hundred percent (100%) of the anticipated revenue for any fiscal year defined in Article V, Sec. 5-5 of this Charter shall be transferred in any given fiscal year into the budget reserve fund; provided, however, that no such payment will be made which would increase the total of the budget reserve fund to more than five percent (10%) of only the anticipated revenues as set by subsection (a) of this section.

(d) In the event that the payment to be made into the budget reserve fund would increase the total of the budget reserve fund to more than ten percent (10%) of the anticipated revenues as defined in Article V, Sec. 5-5 of this Charter. In the event that the payment to be made into the budget reserve fund would increase the amount in said account to more than ten percent (10%) of estimated state general revenues that said amount shall be transferred to a capital fund to be used solely for funding capital projects.

(e) Capital projects shall not include debt reduction, principal or interest payments on debt, or for any other type of financing arrangement, but shall only be used for payment of direct actual expenses incurred for capital projects.

NOW, THEREFORE, BE IT RESOLVED that this proposed Charter amendment question be placed on the ballot in the next general election.

BE IT FURTHER RESOLVED that the ballot question expressly state that the amendment becomes effective upon passage without further action.

This Resolution shall become effective upon its passage.

A motion is made to approve the resolution by Assistant Mayor Rose, seconded by Councilwoman Kleyla and on a roll call vote the motion passes 3-2 with Councilmember Conley and DiGioia voting Nay.

Resolution to allow the following Question to be Placed on the Ballot at the Next General Election:

Question allowing the City Charter of the City of East Providence to be amended to revise the organizational structure of the finance department, the police department and the fire department; and to change the residency requirements for the specified positions in charter.

WHEREAS, the Home Rule Charter for the City of East Providence was originally adopted by the Town of East Providence in September 1954; and

WHEREAS, the current provision of the City Charter Article III. City Manager establishes that:

Sec. 3-4 Administrative Departments

There shall be a department of finance, a department of public works, a department of police, a department of fire and such other departments as may be established by ordinance;

Sec. 3-5. Directors of departments.

At the head of each department there shall be a director, who shall be an officer of the city and shall have supervision and control of the department subject to the city manager. Two [2] or more departments may be headed by the same individual, the manager may head one or more departments, and directors of departments may also serve as chiefs of divisions. and

WHEREAS, the current provisions of the City Charter Article IV. Department of Finance establish that:

Sec. 4-1 Finance department created; head of department designated; organization

WHEREAS, the current provisions of the City Charter Article VII Department of Police establish that:

Sec. 7-1. Police department; organization; appointment of police chief.

There shall be a department of police, the director of which shall be the chief of police, who shall be appointed by the city manager, and who shall be subject to removal by the city manager. The further organization of the department into divisions or offices or grades shall be made by the council, on recommendation of the city manager. All appointments and promotions shall be made by the city manager as provided in article III, section 3, subsection (1) of this Charter; and

Sec. 7-2. Chief of police; qualifications.

The chief of police shall have adequate knowledge of the organization and administration of a police department and shall have had several years experience in the management and direction of police personnel.

Sec. 7-3. Police department; powers and duties.

(1) The police department shall be responsible for the preservation of the public peace, prevention of crime, apprehension of criminals, protection of the rights of persons and property, and enforcement of the laws of the state and the ordinances of the city and rules and regulations in accordance therewith. All members of the department shall have the same powers and duties as are vested in police officers by the laws of the state and the city ordinances.

(2) The chief of police, who is in direct command of the police force, shall, subject to the approval of the city manager, make rules and regulations in conformity with the city ordinances, concerning the conduct of all officers and employees thereof. He shall assign all subordinates to their respective posts, shifts, details and duties and shall be responsible for their efficiency, discipline and good conduct and for the care and custody of all property used by the department.; and

WHEREAS, the current provisions of the City Charter, Article VIII Department of Fire establish that:

Sec. 8-1. Fire department; organization; appointment of fire chief.

There shall be a department of fire, the director of which shall be the fire chief, who shall be appointed by the city manager, and who shall be subject to removal by the city manager. The further organization of the department into divisions or offices or grades shall be made by the council, on recommendation of the city manager. All appointments and promotions shall be made by the city manager as provided in article III, section 3, subsection (1) of this Charter.

Sec. 8-2. Fire chief; qualifications.

The fire chief shall have adequate knowledge of the organization and administration of a permanent fire department and shall have had several years experience in the management and direction of fire department personnel.;

Sec. 8-3. Fire department; powers and duties.

(1) The fire department shall be responsible for the protection of life and property within the city from fire and for the enforcement of all laws, ordinances and regulations relating to fire prevention and fire safety.

(2) The fire chief shall, subject to the approval of the city manager, make rules and regulations in conformity with the city ordinances concerning the operation of the department and the conduct of all officers and employees thereof. He shall assign all subordinates to their respective posts, shifts, details and duties and shall be responsible for their efficiency, discipline and good conduct and for the care and custody of all property used by the department; and

WHEREAS, it is in the best interest of the City of East Providence that the administration revise or consolidate certain positions established in the Charter to reflect current duties and responsibilities; and

WHEREAS, it is in the best interest of the City that such positions, when vacant, be filled from the most competitive pool of applicants consistent with applicable statutes; and

WHEREAS, the City Council desires to amend the City Charter as follows:

Section 4-1 shall be amended to read:

(1) There shall be a department of finance, the duties of which shall include the supervision and direction of all matters pertaining to financial operations, and the head of which shall be the director of finance, who shall be, or be appointed by, the City Manager. The further organization of the department into divisions or offices shall be made by the council, on recommendation of the city manager.

(2) The department shall be organized into the following divisions or offices: Control and accounts; treasury, assessment; purchasing. The heads of these divisions shall be respectively designated controller, treasurer, assessor and purchasing agent. They shall be appointed by the director of the department, with the approval of the city manager; Those powers, duties and responsibilities of any division enumerated in this Article IV, shall be assigned to the director of finance to be delegated in accordance with Sec. 3-5 of this Charter; and

WHEREAS, the City Council desires to amend the City Charter as follows:

Section 7-1 shall be amended to read:

There shall be a department of police, the director of which shall be ~~the chief of police, who shall be~~ appointed by the city manager, and who shall be subject to removal by the city manager. The further organization of the department into divisions or offices or grades shall be made by the council, on recommendation of the city manager. All appointments and promotions shall be made by the city manager as provided in article III, section 3, subsection (1) of this Charter;

~~Sec. 7-2. Chief of police; qualifications~~.

Sec. 7-3. Police department; powers and duties.

(2) The ~~chief of police~~ director of the department, who is in direct command of the police force, shall, subject to the approval of the city manager, make rules and regulations in conformity with the city ordinances, concerning the conduct of all officers and employees thereof. He shall assign all subordinates to their respective posts, shifts, details and duties and shall be responsible for their efficiency, discipline and good conduct and for the care and custody of all property used by the department.; and

WHEREAS, the City Council desires to amend the City Charter as follows:

Section 8-1 shall be amended to read:

There shall be a department of fire, the director of which shall be ~~the fire chief, who shall be~~ appointed by the city manager, and who shall be subject to removal by the city manager. The further organization of the department into divisions or offices or grades shall be made by the council, on recommendation of the city manager. All appointments and promotions shall be made by the city manager as provided in article III, section 3, subsection (1) of this Charter.

~~Sec. 8-2. Fire chief; qualifications.~~

Sec. 8-3. Fire department; powers and duties.

(2) The ~~fire chief~~ director of the department shall, subject to the approval of the city manager, make rules and regulations in conformity with the city ordinances concerning the operation of the department and the conduct of all officers and employees thereof. He shall assign all subordinates to their respective posts, shifts, details and duties and shall be responsible for their efficiency, discipline and good conduct and for the care and custody of all property used by the department.; and

WHEREAS, the City Council desires to amend the City Charter as follows:

That Article XIII, Sec. 13-18. Office to be vacant if officer ceases to be city resident; Article II, Secs. 2-14, Probate Judge, 2-16 City Clerk, and 2-17 City Solicitor shall be amended to establish that it is the specific preference of the City Council that persons holding said positions be residents of the City of East Providence and that said positions shall be filled with a preference given to residents of the City of East Providence; and

WHEREAS, the City Council desires to amend the City Charter as follows:

That Article III, Sec. 3-1 be amended to establish that at the time of appointment, the city manager need not be a resident of the city or state, but during the tenure of office, the city manager shall reside within a fifteen (15) mile radius of the city.

NOW, THEREFORE, BE IT RESOLVED that this proposed Charter amendment question be placed on the ballot in the next general election.

BE IT FURTHER RESOLVED that the ballot question expressly state that the amendment becomes effective upon passage without further action.

This Resolution shall become effective upon its passage.

A motion is made to approve the resolution after amending the sections regarding the reorganization of police and fire, sections 7-1 thru 8-3 by Assistant Mayor Rose, seconded by Councilwoman Kleyla and on a roll call vote the motion passes 3-2 with Councilmember Conley and DiGioia voting Nay.

Resolution to allow the following Question to be Placed on the Ballot at the Next General Election:

Question allowing the City Charter of the City of East Providence to be amended to establish four (4) year terms for the members of the City Council and the East Providence School Committee

WHEREAS, the Home Rule Charter for the City of East Providence was originally adopted by the Town of East Providence in September 1954; and

WHEREAS, Article XIII, Sec. 8 of the Rhode Island Constitution allows for the legislative body of any city or town to propose amendment to the Charter, which amendments shall be submitted for approval to the qualified electors of the City at a general or special election; and

WHEREAS, the current provision of the City Charter Article X. Public Schools, Sec. 10-1 School Committee establishes that school committee members shall serve terms of two (2) years; and

WHEREAS, the current provision of the City Charter Article II. City Council, Sec. 2-1 establishes that members of the City Council shall serve terms of two (2) years; and

WHEREAS, the City Council desires to amend the City Charter to establish that school committee members shall serve terms of four (4) years; and

WHEREAS, the City Council desires to amend the City Charter to establish that members of the City Council shall serve terms of four (4) years.

NOW, THEREFORE, BE IT RESOLVED that this proposed Charter amendment question be placed on the ballot in the next general election.

BE IT FURTHER RESOLVED that the ballot question expressly state that the amendment becomes effective upon passage without further action.

This Resolution shall become effective upon its passage.

Requested By: The City Manager

A motion is made to approve the resolution by Assistant Mayor Rose, seconded by Councilwoman Kleyla and on a roll call vote the motion passes 3-2 with Councilmember Conley and DiGioia voting Nay.

E. Introduction of Ordinances

1. AN ORDINANCE IN AMENDMENT OF CHAPTER 3 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “ANIMALS.”

SECTION I. Section 3-1 entitled “Definitions” of Article I entitled “In General” of Chapter 3 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Animals” is amended by adding thereto the following:

Abandonment means the relinquishment of all right, title, claim, or relinquishment of possession of an animal with the intention of not reclaiming it or resuming its ownership or possession.

SECTION II. Subsection (b)(2) of Section 3-5 entitled “Keeping rabbits, hares or pigeons” of Article I entitled “In General” of Chapter 3 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Animals” is amended to read as follows:

(2) The animal control officer is empowered, if he finds such nuisance to exist, to serve verbal or written notice upon the owner or custodian that such nuisance must be abated.

(a) Should the nuisance continue unabated beyond a reasonable amount of time, set forth by the animal control officer, the owner of said animal may be punished by payment of the fines as set forth by Section 3-10(b) and/or be required to remove the animals from the City.

(i) Each additional animal shall constitute a separate offense.

(ii) Each additional day that the nuisance continues unabated shall constitute a separate offense.

SECTION III. Subsection (a) of Section 3-16 entitled “Penalty” of Article I entitled “In General” of Chapter 3 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Animals” is amended to read as follows:

(a) Except as otherwise provided in this chapter any person convicted of violating any provision of this chapter may be punished by payment of the following fine schedules:

a. First offense …………………………………………… $ 30.00

b. Second offense within a year …………………………..$ 60.00

c. Third offence within a year…………………………… $120.00

d. Fourth offence within a year …………………………. $300.00

(1) Allowing dog to run at large or harboring a dog which is a nuisance:

a. First offense ……………………………………………..$ 30.00

b. Second offense within a year ……………………………$ 60.00

c. Third offence within a year ……………………………...$120.00

d. Fourth offence within a year …………………………….$300.00

(2) Harboring an unlicensed dog:

a. First offense ……………………………………………..$50.00

b. Second offense ………………………………$200.00 & microchip of dog

c. Third offense ………………………………...$500.00 & microchip of dog

(3) Allowing a dog on school property ……………………………...$25.00

SECTION IV. Chapter 3 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Animals” is amended by adding thereto the following:

Sec. 3-24.1. Abandonment of animals.

If any person having possession and/or control of an animal abandons that animal on a street, road, highway or in a public place or on private property or from a motor vehicle, or in a dwelling or any other building or structure, in addition to any other lawful penalties, he or she shall pay a fine of two hundred dollars ($200).

SECTION V. Section 3-25 entitled “Penalties for violations” of Article I entitled “In General” of Chapter 3 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Animals” is amended to read as follows:

(a) Any animal control officer may issue the person(s) in violation of sections 3-24; 3-25; 3-27; 3-41 a fine of one hundred dollars ($100.00) for a first violation, two hundred dollars ($200.00) and seizure of animal for a second violation, and four hundred ($400.00) and the seizure of the animal for a third violation. Second and subsequent violations of §3-24 or §3-41 may be considered violation of RIGL 4-1-2. In addition, for second and subsequent offenses, in the event a person is found guilty of a violation of this Chapter, they may not be permitted to own, keep or harbor or have custody of any animal for a minimum of one (1) year.

(b) In the event that any animal is in conditions or in an environment that, by the discretion of the Animal Control Officer, may be harmful to the health and well being of the animal, and for the first offense, the owner is not immediately available to correct the problem; the animal may be seized and impounded for safekeeping.

SECTION VI. Section 3-26 entitled “Disposition of animals” of Article I entitled “In General” of Chapter 3 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Animals” is amended to read as follows:

Any animal seized in the enforcement of any law or court order that does not already have set rules for the disposition of that animal, ~~sections 3-24, 3-25, or section 3-41~~ shall be impounded, and if the identity of owner is known by animal control, the animal control officer shall make every possible, reasonable effort to notify the owners of such animals so impounded and to inform the those owners of the conditions whereby they may regain custody of their animal. Animal(s) seized will then be held for a period of 10 days, at the owners expense, unless (i) a release is signed by owner or guardian relinquishing ownership of the animal to the City, (ii) the animal is euthanized for humane reasons or (iii), the owner remedies the problem for which the animal was seized, and the animal control officer sees it fit to return the animal to the owner upon payment of fees. Upon conclusion of the 10 day hold period, if the owner has not come forward, the animal may be humanely destroyed, have its title transferred to the RI S.P.C.A., or be placed in a suitable home or with a rescue group. The owner / guardian shall be accountable for all fines, fees, and costs to the City for the minimum care of the animal.

SECTION VII. The title of Section 3-29 entitled “Animal confinement in motor vehicles prohibited” of Article I entitled “In General” of Chapter 3 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Animals” is amended to read as follows:

Sec. 3-29. Animal confinement in motor vehicles prohibited-Transporting animals.

SECTION VIII. Section 3-29 entitled “Animal confinement in motor vehicles prohibited” of Article I entitled “In General” of Chapter 3 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Animals” is amended by adding thereto the following:

(f) It shall be unlawful for any person to transport any animal or animals either for business or pleasure on or in an open air motor vehicle unless the animal or animals being transported:

(1) Is kept in an enclosed area of the motor vehicle;

(2) The animal or animals are under the physical control of a person other than the operator of the motor vehicle; or

(3) The animal or animals are placed in the motor vehicle and safely restrained by a harness manufactured for the purpose of restraining animals by means other than neck restraints.

(4) Any person violating the provisions of this subsection shall be punished by a fine of not more than fifty dollars ($50.00) for a first offense, nor more than two hundred dollars ($200) for each subsequent offense. (R.I.G.L. §31-22-28)

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

Requested by: Animal Control Officer

Animal Control Officer Will Muggle explains this is a housekeeping ordinance providing revisions and updates from the State law. East Providence is a leader in animal rights and a couple of these amendments continue that trend.

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

F. Communications

1. Martin D. Chapman, Associated Radio Amateurs of Southern New England (ARASNE - W1AQ), 54 Kelley Avenue requesting to address the Council regarding continuation of property tax exemption status.

Mr. Chapman hands out a presentation to the Council and this is collected for the record. At the end of the presentation Councilman Conley suggests that Mr. Chapman reach out to the Historic Properties Commission for some ideas as well.

2. Susan Fidalgo and Steven Yuppa, 52 Burgess Avenue (02914) requesting to address the Council regarding the failure of the requested Hawker license at the April 17, 2012 Council meeting.

After discussion Ms. Fidalgo states that she will be back before the Council at the next meeting to reapply for the license as they do not take away from the City businesses selling the same goods. Those businesses are not open on the Holidays and they do not operate within 500 feet of those businesses.

3. Anthony Ferreira, 44 Brightridge Avenue (02914) requesting to address the Council regarding School Department moving to City Hall.

Deferred to next meeting.

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

Deferred to next meeting.

VIII. ADJOURNMENT

A motion to adjourn is made at 12:11AM by Councilwoman Kleyla, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.

Approved By Council: June 5, 2012

Attest: _______________

City Clerk