CITY OF EAST PROVIDENCE

RHODE ISLAND

JOURNAL OF REGULAR COUNCIL MEETING

September 4, 2012

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

7:30 P.M. Open Session

City Manager, Peter Graczykowski is not present.

City Solicitor, Orlando Andreoni is not present.

Assistant Solicitor, Gina DiCenso is present in the position as Solicitor.

I. CALL TO ORDER

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.

B. Council Journals

1. Regular Council Meeting August 21, 2012

2. Regular Council Meeting May 3, 2011

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

IV. PUBLIC COMMENT

1. Janis Mooradian, 92 Orchard Street (02914), Eco - EP

2. Richard Ferreira , 24993 Windward Blvd, Bonita Springs, FL (34134)Pension Police and Fire

G. Communications

1. Richard A. Ferreira, 24993 Windward Blvd., Bonita Springs, FL 34134 requesting to address the Council regarding Police and Fire Pension System and contract responsibility and limits.

Mr. Ferreira addressed his communication during the public comment portion instead of at the end of the meeting. He spoke regarding the pension system in the City which he stated began unlike the MERS system. The Police and Fire pensions are limited to just that. It is private, contributory and contractual and is not designed to be broken without negotiations. Mr. Ferreira was speaking as an EPPD retiree stating they have never defaulted on their part of the contract. The employees are being held responsible for a fiscal crisis which is ignoring Wall Street's role and responsibility. The real crisis is not from employee hedge funds but from Wall Street and foreign investments. He noted that at the last police and fire pension board meeting the investments with foreign firms were discussed. He stated he is against this. When investing $10 million we need to be sure we vet these companies. He thanked the Council for allowing him to speak he has served 4 years on the Bonita Springs Council and as Assistant Mayor and he understands the issues and the pensions.

3. Tom Riley, 3620 Pawtucket Avenue (02915),The Pond View Disaster

V. LICENSES REQUIRING PUBLIC HEARING

A. B Full Privilege Vict

Albertino Milho DBA Al's Place, 28 Water Street (02914) - First Floor

Testifying on behalf of Mr. Albertino Milho was his attorney, John Secharchi, 132 Old River Road, Lincoln and Mr. Milho's daughter, Karen Milho DeSilva.

Both testified to the set up of the restaurant, bar and banquet hall.

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

B. Dance/Entertainment

Albertino Milho DBA Al's Place, 28 Water Street (02914) - First Floor

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

C. B Full Privilege Vict

Albertino Milho DBA Milho Waterfront Banquet Hall, 28 Water Street (02914) - Second Floor

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

D. Dance/Entertainment

Albertino Milho DBA Milho Waterfront Banquet Hall, 28 Water Street (02914) - Second Floor

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

VI. LICENSES NOT REQUIRING PUBLIC HEARING

(All licenses are approved by Council based on all required approvals being met from Police, Fire and Buildings.)

A. Vict/Over 50

Albertino Milho DBA Al's Place, 28 Water Street (02914) - First Floor

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/Over 50

Albertino Milho DBA Milho Waterfront Banquet Hall, 28 Water Street (02914) - Second Floor

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

VII. PUBLIC HEARING - ORDINANCES FINAL PASSAGE

A. An ordinance regarding a One Way on Oakley Street.

AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “VEHICLES AND TRAFFIC”

SECTION I. Section 18-247 entitled “Designation of one-way streets” of Article VIII entitled “One-Way Streets” of Chapter 18 entitled “Vehicles and Traffic” is amended by adding thereto the following:

Oakley Street (east bound) from South Sharon Street to Broadway

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

Requested by: Mayor Rogers

Testifying:

Leo Furtado, 24 Ellison Drive, who stated he still objects to the parking ordinance of parking on both sides of the street but he is not objecting to the one way. Unless the one way's only object is for it to be married to the parking. Mr. Furtado read the petition from the neighboring residents which had been submitted at the last meeting. He stated he had been in contact with neighbors and they are not against the one way just the change to create parking on both sides of the street. Adding that the one way could solve a few issues in the area especially now that he understands what the one way was for.

A motion to approve is made by Assistant Mayor Rose, seconded by Councilwoman Kleyla

Under discussion Councilman Conley states the ordinance was presented to the Council with a companion ordinance for parking and we had extensive discussions at the last meeting and we all discussed, as a package, the merits for the ordinance and public safety issues which arose. It was a discouraging development to it be presented in the way it was and now it just appears separately with no presentation as to why this is now being considered separately. We have no information on what changed and by a majority vote of the Council it decided to defer action until a thorough vetting process was completed through Zoning and Planning for the expanded plan at the establishment. I am requesting this, and without prolonging the discussion, that for all the reasons listed from last time it should again be deferred.

Assistant Mayor Rose stated that at no time was it understood to him that the one way was an issue. The memos from police and fire were basically neutral. The one way will do nothing more than help that area, it will slow down traffic not to mention there is a two ton weight limit on that street already.

Mayor Rogers stated that any streets made a one way automatically lessen congestion. The reason why on other streets we don't do this is the way the streets are set up, people live on streets and find it hard to get to their homes but in this case these homes are on the opposite end so it will only help them. This is why we don't do it on the streets around City Hall which are extremely congested even though those streets really should be.

Assistant Mayor Rose stated that heavily congested cities such as Providence have one ways much more often than we do especially due to narrow streets and with winter weather etc...

On a roll call vote Councilman Conley and Councilman DiGioia vote Nay and the motion passes 3-2.

B. An ordinance regarding no parking on Pawtucket Avenue (west side) from Ailanthus Street north for a distance of 240 feet.

AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE,RHODE ISLAND, 1998, AS AMENDED, ENTITLED“VEHICLES AND TRAFFIC”

SECTION I. Section 18-307 entitled “Parking prohibited at all times.” of Article X entitled “Stopping, Standing and Parking.” of Chapter 18 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Vehicles and Traffic.” is amended by adding thereto the following:

Pawtucket Avenue (west side) from Ailanthus Street north for a distance of 240 feet

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: Director of Public Works

Director Coutu stated this ordinance attempts to solve a long standing parking issue and opens up the road for police and fire vehicles in front of the recreation building. This change was discussed with Mr. Roy the Director of East Bay Community Action and he is fine with it.

Testifying in favor of the ordinance:

Tom Riley, 3620 Pawtucket Avenue

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

C. An ordinance regarding no parking Bristol Avenue (south side) from Viola Avenue for a distance of 40 feet.

AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE,RHODE ISLAND, 1998, AS AMENDED, ENTITLED“VEHICLES AND TRAFFIC”

Bristol Avenue (south side) from Viola Avenue for a distance of 40 feet

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: Director of Public Works

Testifying against the ordinance:

Donald R. Fleck, 15 Viola Avenue

Mr. Fleck submitted his testimony as part of the record.

Director Coutu described the chain of events leading to developing the ordinance. Noting they did receive a complaint regarding large vehicles having a tough time making the turn on the tight corner, often jumping the curb on the opposite side. Director Coutu stated he checked with Mr. Linneman, Director of Transportation for the School Department and he did confirm that it was a tight corner. The no parking would help. The thought was the additional 20 feet would still leave Mr. Fleck substantial parking to park in front of his residence. After rechecking with the School Department they now tell me it is not an issue. Since this is no longer an issue he would suggest it be pushed back a little bit more, an additional 10 feet, which will create more distance on that corner and allow Mr. Fleck more additional room.

Mr. Fleck indicates that the additional 10 feet would work for him.

Mayor Rogers asks the Assistant Solicitor if it is ok to make this adjustment on final passage.

Assistant Solicitor DiCenso states that since it is substantially the same ordinance the amendment for second passage is ok.

A motion to approve the ordinance changing with the amendment from 40 feet to 30 feet is made by Assistant Mayor Rose, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous.

D. An ordinance relating to personnel.

AN ORDINANCE IN AMENDMENT OF CHAPTER 11 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED ENTITLED "PERSONNEL”

SECTION I. Subsection (g) entitled "Rating examinations" of Sec. 11-64 entitled "Examination procedure" of Chapter 11 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled "Personnel" is amended to read as follows:

(g) Rating examinations. The final score of a candidate shall be based upon all tests and evaluations in the examination. Failure in one part or test of the examination may be grounds for declaring candidates as failing in the entire examination or as disqualified for subsequent parts of an examination. In addition, in rating examinations for entrance into the classified service, except for police and fire candidates, the director shall increase the score of a candidate, one percent for each consecutive year that such current resident-candidate has been a resident of the city up to a maximum of ten percent. In rating examinations for police and fire candidates for entrance into the classified service, the director shall increase the score of a current resident-candidate one percent for each consecutive year that such candidate has been a resident of the city up to a maximum of five percent. Furthermore, in rating examinations for entrance into the classified service, the director shall increase the score of a veteran-candidate four percent or five percent for a post-9/11 veteran-candidate, up to a maximum of five percent, such increase being cumulative with the resident-candidate scoring. For the purposes of this section, the terms “veteran” and “post-9/11 veteran” are as defined in the Veterans Opportunity to Work (VOW) To Hire Heroes Act of 2011, 5 U.S.C. § 2108, as may be amended from time to time. Seventy percent shall be the lowest score on an examination to be acceptable as qualifying and the maximum score shall be 100 percent.

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: Mayor Rogers

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

E. An ordinance regarding no parking on a portion of Bentley Street.

AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED“VEHICLES AND TRAFFIC”

Bentley Street (east side) from Mauran Avenue to Fort Street

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: Mayor Rogers

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

VIII. NEW BUSINESS

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

1. TLA/Pond View Status Update

Councilman Conley requested to provide the update including the memorandum which the City Manager provided to Council. He thanked Assistant Solicitor DiCenso and the Zoning Officer, Ed Pimental for providing the updates. He noted of particular interest in the receivership matter, the court heard from RI DEM that Pond View was out of compliance with RI DEM regulations. The court required that it be brought into compliance or they would have to show cause why they were no longer in compliance. RI DEM has viewed the premises and filed with the court to hold Pond View in contempt and it will be heard on September 6, 2012. It is encouraging to see DEM enforcing its regulations on that site. He thanked the Law Department and noted that there was not much to update regarding the zoning matters.

The City's brief is due on November 16th and Councilman Conley requested a short report from the Law Department regarding their submission. He stated there is a keen interest in what is going on now with the enforcement of City's zoning regulations which the Zoning Officer detailed in his memorandum. The city is receiving technical support from Chris Duhammel who is an engineer and the report shows they have observed and documented continuing violations of our zoning ordinances. In closing, Councilman Conley requested from the City Manager a follow up at the next meeting as to what action is going to be taken regarding the City Zoning violations.

B. Reports of Other City Officials

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

Ms. Rossi was not present to provide an update.

C. Council Members

1. Bi-Weekly Update (by Mayor Rogers)

Mayor Rogers asked Director Boyle for a status update for 78 Anthony Street. Director Boyle reported that the property is being sold via a lottery process. They will start the advertising via all the HUD requirements which allow for a 30 day notice period. The City owns the property and the grass is overgrown and the Parks Department arks will cut the grass this week. The tree branch which fell down will be cleaned up as well and David Bachrach will take a look to see if there was any damage.

Mayor Rogers then stated that Lt. Blinn from the EPPD had contacted him regarding a problem in the City, State and in the Country with the selling of a new drug called bath salts. He is requesting the Law Department research the banning of this drug being sold in convenience stores in the City via an ordinance.

At this point Councilman Conley calls for a Point of Order. Councilman Conley stated that the Mayor has a list of the items he wants to discuss and bath salts does not appear on that list.

Assistant Solicitor DiCenso states that if the item to be discussed under updates consists of a topic(s) addressed each week then it is ok if not then it could be done by unanimous consent of the Council as it is an item which the Council is not voting on, therefore if all agree then it is ok.

Councilman Conley states that it is not specifically bath salts but rather that he is concerned where this might lead next time.

Councilwoman Kleyla states that it a passive aggressive response. That the updates have been listed the whole time under the Mayor's name and he is not suggesting a vote, it is just a discussion item.

Councilman Conley states that because we have topics this week which are listed it is different. He adds, go ahead but he would just ask in the future that he list these items so that we all know what he is going to talk about it.

The Mayor asked Chief Tavares if he had anything he would like to say on the topic and the Chief explained the name bath salts and what is going on in which the ingredients are particular in nature. He mentioned he has spoke to narcotics and he will generate a report for the concerns and the evolution of the term bath salt and how it has evolved and provide the Council with an accurate report.

The Mayor asked the Law Department to work on an ordinance and to confer with the Chief as he did not mean it to be a slight as the Chief would need to be very involved in this.

Chief Tavares stated we want to get all the facts so we are not removing bath salts that people use to soak their feet in.

A. Kimberly Ann Rock Field

Director Boyle states there have been informal discussions in recreation. The field might be eligible for a grant this fall for active recreation. Typically however these types of grants require a 50 percent match. This is a DEM grant and she is not aware of any federal grants available.

B. Sabins Point Dock

Director Boyle reports a letter of interest submitted to DEM for a new floating dock. The grant if awarded will provide 75% of the funds. Third party sources would pay remainder. City is also researching other grant funding via DEM Wildlife and Recreational Boating Access Program.

C. Weathervane at Sabins Point

Director Coutu reported there was a whale weathervane and according to the Parks Department it came down during a storm and was too damaged to repair.

D. Mauran Avenue Tot Playground

Director Boyle reports the City Council allocated $25,000 in CDBG funds for improvements for new play equipment which will be installed by City crews as a fall project. City is still working on additional funds.

E. Flooding at Dewey Avenue

Director Coutu reported that during extreme downpour events in the center of City which has a lot of asphalt, the water doesn't have anywhere to go. On Dewey there is a low spot in the road and water collects there and the system ties into a main line on North Broadway and if it becomes filled up you have backups as Dewey is fighting against it. Within a half hour of the down pour stopping it goes away. It would require a separate line for a distance which is where the cost comes in. The North Broadway area may be able to deter some of that water or they may be able to re-grade that section of Dewey Avenue.

Mayor Rogers asked if they could add to the retention field at the Riviera Restaurant and Director Coutu stated yes that is one of the areas to look into to deter the water.

Mayor Rogers also asked if in the long range the Rainy Day Fund would provide funds and that maybe even sandbags could be given presently when the City knows there will be a downpour. Director Coutu responded they do have sandbags they can provide residents.

F. Flooding at Roma Street

Director Coutu stated that since the inception of I-195 this area has experienced drainage issues similar to Dewey. RIDOT is currently doing bridgework and has indicated the drainage issues may be assisted by upsizing the pipes and perhaps cleaning the drains which were recently grated. A Swale may to help as well and he will be speaking with RI DOT regarding a possible expansion to the retention area.

Mayor Rogers requested perhaps a public meeting could be held with RIDOT since I-195 added to the problem and a community meeting to discuss what they are doing and give people the opportunity to speak and ask questions about whether or not the current work will make it worse or better would be in order for the residents of the area.

G. Flooding at Lucky's Restaurant

Director Coutu stated that a drainage swale belonging to RIDOT which is located behind Lucky's has recently been fenced off. Director Coutu stated he went there today and you can't get back there to clean out the growth anymore.

Mayor Rogers stated the fence is blocking the owner from cleaning it and requested that the Director please let RIDOT know and Director Coutu stated he will send a letter.

2. Labor Day Parade (by Assistant Mayor Rose)

Assistant Mayor Rose stated that yesterday marked an annual tradition in East Providence. There were a lot of volunteers, and he thanked everyone and all the elected officials who also participated. He read from a list of all those that participated and businesses which donated. He also added that in January they will start fundraising for next year's parade. There will be a website developed over next few months.

3. Community Gardens (by Assistant Mayor Rose)

Assistant Mayor Rose states that he had started looking into a community garden little while back and he is putting together a committee. He would like to look into how the City of Providence established their community gardens and would like to look for land and grants for a garden in East Providence. If anyone is interested in being on the committee please contact him

4. Update of Flooding Streets (by Assistant Mayor Rose)

Assistant Mayor Rose states that this topic was covered earlier on the docket.

5. Pawtucket Avenue Bump (by Assistant Mayor Rose)

Assistant Mayor Rose states that the bump is near the over pass which everyone has to travel across, right past the walking bridge. In doing research on this item he found that in the 1960s, before dig safe was created, Providence Country Day ran a water line for a water bubbler on the field. Time and weather have pushed this water line up and he is requesting that Director Coutu to look into the possible repair of the bump.

E. Resolutions

1. A resolution regarding tax exemption status for the Columbus Club of East Providence.

WHEREAS, the Columbus Club of East Providence of 3200 Pawtucket Avenue, East Providence, Rhode Island, and organized on February 8, 1940, is a Domestic Non-Profit Corporation that provides for charities for the East Providence Knights of Columbus, and is located in and owns property in the City of East Providence; and

WHEREAS, the Columbus Club of East Providence is presently being assessed taxes by the City of East Providence in the amount of $11,343.83; and

WHEREAS, the Columbus Club of East Providence has no income and has its budget entirely funded by membership club dues; and

NOW, THEREFORE, BE IT RESOLVED that the East Providence City Council hereby supports the following proposed legislation allowing the Columbus Club of East Providence a permanent exemption from taxation.

To be enacted by the General Assembly as follows:

The Columbus Club of East Providence, a Rhode Island Domestic Non-Profit Corporation shall be entitled to acquire, take, receive and hold by purchase, sale, gift, lease, devise, bequest or otherwise, real and personal estate of every kind and description without limitation on the total amount thereof, for religious, charitable or educational purposes, communication and communication technology and to use, manage, operate, improve, and apply same for the aforementioned purposes. The said corporation and all of their said real and personal estate including registration of motor vehicles shall be exempt from all taxes imposed by the state and by any political subdivision thereof, which said exemption shall apply to all taxes imposed by law upon real and personal estate.

SECTION 2. This act shall take effect upon passage.

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, and the Senators and Representatives from the City of East Providence.

Requested By: Assistant Mayor Rose

This item was deferred to the next meeting as the petitioners from the Columbus Club were unable to be present.

F. Introduction of Ordinances

1. An Ordinance regarding No Parking on Oakley Street.

AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “VEHICLES AND TRAFFIC”

Oakley Street (north side) from Broadway to Lyon Avenue

SECTION II. Section 18-307 entitled “Parking prohibited at all times.” of Article X entitled “Stopping, Standing and Parking.” of Chapter 18 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Vehicles and Traffic.” is amended by adding thereto the following:

Oakley Street (north side) from South Sharon Street to Lyon Avenue

Oakley Street (north side) from Broadway west for 205 feet

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

Requested By: Mayor Rogers

Mr. Leo Furtado is called to the podium and offers a compromise proposal. Instead of blocking the north side of the street, there would be one hour parking allowed to eliminate the one hour parking on the south side of the road for customers or employees of the restaurant. A home which faces South Sharon has no need for parking and that stretch can add parking spaces there as well. Otherwise Mr. Furtado indicated he is still opposed to parking on both sides of the road and that it would add to the congestion.

Mayor Rogers stated that via the City Clerk, he is objecting that the Zoning Officer is not here for Pond View or this item and the building inspector is not present either.

A motion to defer the ordinance and possible amendment to the next meeting when the Zoning Officer can be present is made by Assistant Mayor Rose, seconded by Councilwoman Kleyla

Under discussion Councilman Conley states that there is more than enough information to defeat the proposal based on the safety issues. This map which was provided is what the Planning Board reviews and it was originally prepared in 2007 with the last edition in March 2008 and it belongs correctly in front of the Planning Board.

Assistant Mayor Rose moves the question.

On a roll call vote Councilman Conley and Councilman DiGioia vote Nay and the motion to defer passes 3-2.

IX. ADJOURNMENT

A motion to adjourn at 9:46 P.M. is made by Councilwoman Kleyla, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.

Approved By Council: September 18, 2012

Attest: _______________

City Clerk