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CITY OF EAST PROVIDENCE

RHODE ISLAND

JOURNAL OF REGULAR COUNCIL MEETING

May 7, 2013

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

6:45PM Executive Session - Claims 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. New Claims

1. Maria Cabral

2. Kim Costa

3. Jeffery Costa

4. Lori-Beth Gorman

5. Suzanne Grossman

6. JFK Systems, LLC

7. Paulette Poole

8. Stonegate Condominiums Lien for Boarding

B. Pending Claims

1. Karen Emmes

II. CALL TO ORDER

Mayor Briden calls the meeting to order at 7:36PM.

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 Received

1. Coastal Resources Management Council April 2013 Amended Calendar

2. Town of Coventry Resolution in opposition to Contract Continuation for School Teachers, School Employees and Municipal Employees, Police and Fire.

3. Town of Charlestown Resolutions in opposition to Mandatory Binding Arbitration and Contract Continuation for School Teachers, School Employees and Municipal Employees.

B. Alcoholic Beverage Class F

1. Lauren Zarembka Scholarship Fund, St Brendan's Church, 60 Turner Avenue (02915), Patricia Zarembka, 45 Burton Avenue (02915)

2. St Martha's Church, 2595 Pawtucket Avenue (02914), Heritage Festival, June 21-23 2013, Rev. David Green.

3. HGBB of RI, Holy Ghost Feast, May 17, 18 and 19, 2013, Joseph Silveira, 44 Mowry Ave (02914).

4. St Francis Xavier, 81 North Carpenter Street, Annual Feast, June 14, 15 and 16, 2013.

5. Teofilo Braga Club, 26 Teofilo Braga Way, Annual Feast, July 12, 13 and 14, 2013.

6. East Providence Heritage Days, Inc., Pierce Field, 201 Mercer Street , July 19-21, 2013.

7. Holy Ghost Brotherhood of Charity, 59 Brightridge Avenue, Annual Feast, July 19, 20 and 21, 2013.

8. Holy Ghost Mariense, 846 Broadway, Annual Feast, July 26, 27 and 28, 2013.

C. Council Journals

1. Regular Meeting April 2, 2013

2. Regular Meeting April 16, 2013

A motion to approve the docket minus the April 16, 2013 Council Journal is made by Assistant Mayor Rose, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.

V. PUBLIC COMMENT

1. Jim Vincent NAACP President and RIAAP President - East Providence Police Chief Joe Tavares

2. Cliff Moore, 310 Roger Williams Avenue - East Providence Police Chief Joe Tavares

3. Karin M Donovan - CDBG Application

4. Vicky White - CDBG Application for EBCAP

5. John Deaton - Transfer Application regarding Clockwork Deli

6. Jon Demar - Sound FX Firework Sales

7. Kris Lyons - CDBG Application

8. Janet Bache - CDBG Proposed for Bread of Life Pantry

9. Sarah Fessler - CDBG EBCAP

VI. PROCLAMATIONS AND PRESENTATIONS

A. MRT 95 Years in Business in East Providence by Assistant Mayor Rose

Assistant Mayor Rose deferred this item to the May 21, 2013 Council Meeting.

B. Secretary of State Civic Leadership Award Recipients (by Assistant Mayor Rose)

Samantha Landry

Andrew McBride

Linsey Covington

Steven Rego

C. EP LED by Erick Denault

Councilman Cunha deferred this item to the May 21, 2013 Council Meeting.

D. Pomham Rocks Lighthouse by David Kelleher

David Kelleher provided a presentation on the Lighthouse, where they were, where they are and where they are going.

E. Alcohol Licensing Board Briefing 2013 on History of Alcohol Compliance Checks by Jennifer Wall, East Providence Prevention Coalition

A briefing was provided to Council regarding the Alcohol Compliance checks, the history, the ordinance and the process leading to the show cause hearings.

VII. APPOINTMENTS

A. Public Library Trustees Re-Appointment (by Mayor Briden)

Kathy Dias, 174 Narragansett Avenue (02915)

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

B. Traffic Control (by Councilwoman Capobianco)

                               Alfred McMahon, 47 Kingsford Avenue,(02915)

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

VIII. LICENSES REQUIRING PUBLIC HEARING

A. Second Hand Misc. - Change of Location

Faithworx, LLC DBA Lele and Boo, 298 Willett Avenue (02915) to 198 Willett Avenue (02915), Carlita Alves, 131 Johnson Avenue, Providence (02905).

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

B. Second Hand Antique

Garcia Enterprises DBA Secondhand Shop From Me To You, 497 Bullocks Point Avenue (02915), Carlos Garcia, 110 Rutherglen Street, Providence (02907)

A motion to deny the license based on the Police Chief's recommendation is made by by Assistant Mayor Rose, seconded by Councilwoman Rossi and on a roll call vote it is unanimous.

IX. LICENSES NOT REQUIRING PUBLIC HEARING

A. Holiday Sales

BJ Alan Co. DBA Phantom Fireworks, 555 Marin Luther King, Jr. Blvd, Youngstown, OH 44502, James Aubin, 1419 Diamond Hill Road (02864)

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

B. Vict/Not Over 50

Bridgeside Diner, LLC, 35 Warren Avenue (02914), Christine Amaral, 47 Belcourt Avenue, North Providence (02911)

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

C. Holiday Sales

Churchill's Smoke Shop & Lounge, LLC, 899 Warren Avenue (02914), Bryan Lebeau, 118 Greenbrier Drive, Seekonk, MA 02771

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

D. Laundry/Dry Cleaner

My Laundry Hamper, LLC, 89 Valley Street (02914), John Mackell, 100 Misty Meadow Lane, North Kingstown (02852).

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

E. Hawker

Pop's Famous, LLC, 612 Taunton Avenue (02914) Joao DeSantos, 27 Old Carriage Road, West Warwick.

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

F. Vict/Not Over 25

TnF Wellness, 15-17 Forbes Street (02915), Tara Costa-Wallace, 64 Sherman Street (02915).

A motion to approve the license is made by Councilwoman Capobianco, seconded by Councilman Cunha and on roll call vote it is unanimous.

G. Carnival

East Providence Heritage Days, Inc., 610 Waterman Avenue (02914), Alba Curti, 84 Merrill Street (02914)

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

H. Hawker - Location 655 Warren Avenue

Keystone Novelties, LLC, 201 Seymour Street, Lancaster PA 17603, Keith Lambert, 32 Sorrell Road, North Providence (02904)

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

I. Hawker - Location 40 Highland Avenue

Keystone Novelties, LLC, 201 Seymour Street, Lancaster PA 17603, Keith Lambert, 32 Sorrell Road, North Providence (02904)

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

J. Hawker - Location 220 Newport Avenue

Keystone Novelties, LLC, 201 Seymour Street, Lancaster PA 17603, Keith Lambert, 32 Sorrell Road, North Providence (02904)

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

K. Vict/Not Over 25 - Transfer

From Wayne Hawksley DBA Clockwork Deli & Catering to JD LLC DBA Clockwork Deli, 446 North Broadway (02916), John E Deaton, 17 Morra Way (02916)

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

L. Peddler

Levi Medina DBA Portu-Galo, 22 Berkeley Street (02914)

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

X. PUBLIC HEARING

A. Proposed 2013-2014 CDBG Appropriations

David Bachrach was called to the podium and provided to Council a briefing on the CDBG process. Each year the federal government has been reducing the allocation. Programming is based on community input and the process began in March with formal requests. The process involves a 5 year plan to meet a 5 year goal. After tonight's Council meeting, they will start a comment period. All public agencies etc are free to make comments on what the City proposes and suggests including any changes. The City Manager's office, Council or Community Development office can bring these forward if they feel they should. They can adjust and start a new comment period on the proposed changes and write up lengthy plans to HUD and then the final version is submitted for approval. The funding period is July 1, 2013 to June 30, 2014.

The City Manager asked Mr. Bachrach if he could walk the Council through the proposed sheet before them.

Mr. Bachrach went through the various categories on the sheet explaining to Council where they were allowed to make adjustments. He also announced that the document was available on line on the City's electronic agenda for tonight's Council meeting.

The following people testified in favor of their CDBG appropriation.

Karen Donovan Vice President for Human Resources for East Bay Center Mental Health and Substance Abuse for under-insured and non-insured East Providence residents for children, adults and elders. 20% of their staff resides in East Providence.

Janet Bach a coordinator of the Bread of Life Food Pantry at the Newman Congregational Church. They opened 4 years ago in response to the closing of the former East Providence Community Center comprised. The food pantry is composed of 4 churches and both clergy and lay members serve on the operations committee. Members of these churches provide most of the money to keep it up and running. They service 150 families each month and over 500 people will visit them in need in an average year.

Kevin McKay is the Literacy Coordinator at East Providence Public Library. They service almost 6000 computer sessions each month at the library. Helping people to look for jobs and create resumes. The need outweighs the service they can provide. They offer digital literacy classes to teach people how to look for jobs and to apply for jobs digitally. Many require on line applications.

Helen testified that she had lost her job where she had been working for many years. She had not been exposed to the internet or how to digitally apply for jobs or how to use email. She testified that the library service helped her tremendously.

Erin Gilliard the Director of the Boys and Girls Club of East Providence. She thanked the City for its ongoing support and career launch program geared particularly to teens. RI Kids Count stated East Providence has the highest rate of alcohol and cigarettes use and 2nd highest of marijuana. More students in Central Falls will say they are going to college than in East Providence. They have started to offer dinner classes which serve 300 kids every day. They served over 16000 dinners last year.

Vicki White East Bay Community Action Foster Grandparents Program thanked the City for funds to enhance proficiency efforts for children and help seniors through the foster grandparent program tutoring and mentoring.

Kris Lyons Executive Director of the Women's Center of RI. They service the Providence and East Providence area. They are looking for funding to work with the youth in the East Providence community to prevent teen dating violence. 11% of high school students has stated they have experienced dating violence. Children are present in 30% of domestic violence arrests. The agency is located in Providence but they cover East Providence as well. They go to schools and community centers.

Shana Wallace Vice Principle at East Providence High School. She attended with two students, Ben Vega and Rachael Finn to support the East Providence Prevention Coalition for the Townie Leadership Academy. Not all students have all the skills needed to make the right decisions and in a fast paced world having the assistance of the Townie Leadership Academy to learn the skills and how to handle situations. Ben and Rachael share from their perspective as students. Rachael is a junior who runs track and Ben is on varsity football and track and is the 1st male cheerleader.

Dr Sarah Fessler, lives at 44 Riverside Dr and is the Director of EP CAP health center. It is the health and dental program which has been supported by CDBG for a very long time. They service almost 8000 residents of East Providence 1/3 are patients without health insurance.

Freddie Rybka Vice President of the PTA for Oldham Elementary School and Oldham Playground at Meadowcrest Elementary School. They are requesting funds for a playground, they have a brand new playground at Oldham but because the students are being made to move they are going somewhere where there is no playground at all.

David Bachrach came up to explain the allowance to shift the numbers and how it can be done and when a new public hearing can be held. He added that the reason why in the case of the playground they recommended $20,000 instead of the full amount was to show that if they can do fundraising like others they can meet the goal but if not then they can fund some portion of their playground. The City hasn't funded any other private playgrounds without any type of subsidy funds in the past.

XI. NEW BUSINESS

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

1. Department Activity Report

The City Manager stated that under the department activity report there is an item under the Planning Department regarding notification at the corner of New Road and Newport Ave regarding the interment issue. Until this has been finished no further development may be conducted. The City does not currently have any permits for development.

2. Budget Commission Personnel Activity Report

Councilwoman Rossi asked why the Budget Commission is waiting 3 weeks to schedule another meeting.

The City Manager replied that this is due to the availability of Commission members.

Councilwoman Rossi asked how that affecting the School Department as they hire regularly, they are always looking for teachers etc...

The City Manager stated it is a problem but no action can be taken, not even any emergency placements, which were originally allowed and are not allowed now.

3. Street Light Management Program

The City Manager stated the goal for the program is to save $150,000. National Grid turned off 1100 lights and another 1000 will to be turned off this year. Instead of turning off the additional 1000 lights, the Public Works Director has recommended with Source One National Grid, an alternative use of lowering the wattage in existing fixtures and reducing the wattage overall. There is no additional cost for the downgrades and we can accomplish the same fiscal goal. This effort can be made with traffic safety areas and intersections in mind. There is a fiscal impact statement attached to the Council packets, when the program was adopted by the Budget Commission and a revised version from Public Works on the impact for next 5 years. As this goes forward the savings increase a quarter of a million dollars more using this solution as opposed to what was originally proposed.

4. Real Estate Broker Services RFP Award

Mayor Briden recuses.

Assistant Mayor Rose takes the Mayor's seat.

The City Manager stated that at the April 2nd meeting the award was given but not all bidders were present. The proper way to handle this situation was advised by the Purchasing Agent and Solicitor, to have another bid as the last and best final offers. These offers are here today and we are asking Council to award the new last and final offers.

Keller-Williams is again present. No other bidders are present.

The City Manager goes over the last and final offer for the public.

The recommendation from the Planning Department is to award the bid based on experience and other factors to MG Commercial first and Paramount second and to Keller-Williams for the two residential lots.

Council asks if Keller-Williams can come to the podium.

The City Solicitor states that if we have one group come up but not all are here we will run into the same issue with the bid.

The City Manager stated that the bidders are not required to come. They submit their last and final offer and it is brought to the Council to select the bid. They are not required to be present.

Councilman Cunha asks if they can approve whoever they want.

The City Manager states that is correct, they can award to any and all or any partial grouping of the bidders. It's the City's discretion.

A motion to approve the Real Estate Broker Services for all properties to Keller-Williams is made by Councilman Cunha, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.

5. Forbes Street Solar Project

The Forbes St Solar Project will install solar panels at the site of the former landfill. CME is the company and it will bring 5 million dollars in revenue over 25 years. The preparation of the site has been difficult. Grading, the first phase, cutting trees, started late due to weather issues. The initial estimate from the engineering firm was $100,000 and in-kind services from Public Works and because of timing issues they will finish at the end of June. We have to negotiate with CME. The City would have to agree to offset the predevelopment soft costs of $200,000 on the City side funded partially from an energy grant and an internal 15 year loan from the internal revolving fund. The City would need Council's permission to access the UDAT funds which will be the source of funds for this loan and to lend it to ourselves and pay ourselves using the income from the solar lease. It's an accounting mechanism as soft cost come up we repay the fund with no interest.

Councilwoman Rossi asks what the potential impact to the fund is.

The City Manager responds that he and the Solicitor and the developer all concur it's permissible and we can afford it.

A motion to approve is made by Councilwoman Rossi, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.

6. Health Care Agreement Renewal

The City Manager reports on the health care agreement renewal with information in the Council packet from The Trust which manage this for the City. The agreement would expire at the end of June and the renewal date is July 1. It's a competitive bid with blue cross and blue shield. The decision is to basically renew the contract and that the contract itself is more beneficial as a one year deal and we can leave the capital contribution to The Trust. The rates as explained in the Council packet and the retained services of Park Row to help negotiate the contracts with unions and they have reviewed and negotiated and they recommend we renew for fiscal reasons as we really can't get a better deal. 8% vs The Trust at 2.4% for employees. The school is also in a good position and he adds he agrees with the Finance Director and the consultant.

Assistant Mayor Rose asks if this is time sensitive.

The City Manager states it is.

Assistant Mayor Rose asks does this affect any negotiations.

The City Manager states no adding that basically the plans we have in place are closed (10 out of 12 of the plans) and it would benefit the employees as the contribution is low.

A motion to approve is made by Councilwoman Rossi, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.

7. Tax Classification Type Weights

The City Manager states this is an opportunity for the Council to readjust the rates and to see whether the Council would like to reapportion some rates. East Providence is one of the highest rates for businesses tangibles. The assessor recommended a couple of different scenarios to level the rates. Today is the last day to make this decision and information was given at the last meeting. If nothing is done the tax bills will be going out shortly.

The City Manager called the Finance Director to the podium. The tax rolls were certified this week and in 2-3 weeks they will be done printing and will go out the last week of May.

The Assessor is called to the podium and explains the tangible tax rate on business equipment if it is reduced by 33% to level it they will have to fill in the gap elsewhere, real estate taxes or commercial real estate taxes. Compared to other communities the tangible rate is high.

Discussion ensues regarding whether or not shifting the rate from tangible to commercial real estate would actually encourage businesses to come to East Providence and stay in East Providence. No research on this was done.

Assistant Mayor Rose states he wouldn't want to change it around because if you change the tangible and put it on the commercial it's still coming from the same place and shifting it to residents is not good idea.

Assistant Mayor Rose makes a motion to keep it the same rate.

Mayor Briden states that given the fact that the homestead exemption is being reduced, he can't vote to shift it to residents.

Councilman Cunha asked at what percentage are we actually helping businesses.

The City Manger states it is too hard to quantify, this is just a scenario where we are out of whack with other communities. If Council feels there is not enough data we understand.

Councilman Cunha states it is imperative to retain businesses we have a vast amount of vacant properties, if you ask him he would like to incentivize business owners with the tangible tax reduction to retain their business here and to hopefully attract more.

The Assessor states that as the City Manager has stated it is impossible to say if this could happen. It could only be measured over a long period of time.

Councilman Cunha states he feels the tangible tax should be reduced.

Councilwoman Capobianco states that if you own the business and the building the commercial goes up.

Councilwoman Rossi asks when would be the next opportunity to address this.

The Assessor states every 3 years.

Councilwoman Capobianco makes a motion to go up 2% on the Commercial Real Estate tax.

The Assessor states this would increase the commercial rate $2 per $1000.

The City Manager states this would put East Providence somewhere in the middle of the other communities.

Mayor Briden states that what is absent is empirical data, an outside study from a Hassenfeld or RIPEC or an outside source that can advise us. Adding his concern is that there is a line between Seekonk and East Providence and the distinction is very visible. It's troubling not knowing what we are targeting and what our strategy is when increasing a commercial rate.

Assistant Mayor Rose states that he feels that tangibles are not felt as much as the commercial properties and when you shift the burden the owner will turn around and increase the rent.

Councilman Cunha states the tangibles are too high and they may pay more on equipment than buildings.

The City Manager states he cannot offer any guarantees other than this is a very uncompetitive rate.

Mayor Briden asks what if we go lower to a slight decrease to make it more competitive and balanced with a low sting on the other side.

Councilwoman Rossi states that 15% is reasonable.

Mayor Briden states even 10%, when you raise commercial rates it really puts a strain on property owners to increase rents we have to be sensitive on the number of properties for sale.

Councilwoman Capobianco states that by doing this she is actually raising taxes on herself but to bring more business into the City she is in favor.

Mayor Briden states the distinction is we have no proof that this is necessarily or why they are not coming to East Providence.

Councilman Cunha suggests 12%.

A motion to decrease the tangible rate by 15% and add the remainder of the rate to commercial property is made by Councilwoman Capobianco, seconded by Councilwoman Rossi and on a roll call vote the motion fails 3-2 with Councilman Cunha, Assistant Mayor Rose and Mayor Briden voting Nay.

8. Johnson Controls Energy Management Performance Contract

The City Manager reported that Johnson Controls will be here on May 14th for the School Committee meeting and any members that would like to attend are welcome to attend. Information is in their Council packet and it contains the info to be presented.

9. Angled Parking Proposal for Bullocks Point

Director Coutu is called to the podium to explain the findings. He states if this were done we would gain along one side but lose parking on other side. The net effect would be a decrease in parking spaces. Additionally it's a state roadway and we would need RIDOT permission and we would be restriping the roadway. The estimated loss of parking from Maple Ave to the Dairy Bee would go from the current 34 spaces to 27 for a net loss of 7 spaces.

Unanimous Consent is granted to bring Kevin Robinson to the podium to discuss the Krob Family Fun Festival. The Krob Foundation is based in East Providence to serve underprivileged kids so that they can stay in athletics. This is the 3rd annual festival being held on June 8th at the Crescent Park Carousel www.krobfoundation.org Vendors who pay a vendor fee are welcome, sponsorships are welcome and the event is free to attend. There will be 85 vendors, full BMX contest give away, awards of excellence, premiering of the Wicked Ride and lots for families to do.

Councilman Cunha asked who do companies contact to donate and Kevin Robinson stated they can go to the website or talk to Councilwoman Capobianco. The ride starts at 9am at Pearce Field there are walkers, joggers and riders. Last year over 400 plus participated in the run and over 6000 attended.

B.Reports of Other City Officials

1. Claims Committee Report (by City Solicitor Timothy Chapman)

Pursuant to R.I.G.L. § 42-46-5(a)(2), a motion is made by Councilman Rose and seconded by Councilman Cunha to convene in closed session for the purposes of discussing claims & litigation. Upon a roll call vote: Mayor Briden – Aye, Councilwoman Capobianco – Aye, Councilman Cunha - Aye, Councilman Rose – Aye, Councilwoman Rossi – Aye, the motion is approved 5-0.

EAST PROVIDENCE CLAIMS COMMITTEE

CLAIMS & LITIGATION REPORT

TUESDAY, MAY 7, 2013; 6:45 P.M.; ROOM 101

====================================================================

NEW CLAIMS

MARIA CABRAL $575.00

RM No. 13-026, Claim No. 13-019

Claim for property damage sustained when the police forced open two doors in response to a call concerning a non-responsive party.

Motion by: Councilman Rose Seconded by: Councilwoman Capobianco

Motion: Deny the claim.

VOTE	MAYOR BRIDEN	COUNCILWOMAN CAPOBIANCO	COUNCILMAN CUNHA	COUNCILMAN ROSE	COUNCILWOMAN ROSSI
Aye	√	√	√	√	√
Nay
Abstain
Absent

KIM COSTA $214.64

RM No. 13-022, Claim No. 13-017

Claim for property damage sustained to a stockade fence that was damaged from snow plowing operations during the February blizzard. See recommendation of the Director of Public Works.

Motion by: Councilman Rose Seconded by: Councilwoman Rossi

Motion: Deny the claim.

VOTE	MAYOR BRIDEN	COUNCILWOMAN CAPOBIANCO	COUNCILMAN CUNHA	COUNCILMAN ROSE	COUNCILWOMAN ROSSI
Aye	√	√	√	√	√
Nay
Abstain
Absent

JEFFERY COSTA $1,000,000.00

RM No. 13-029, Claim No. 13-022

Claim for personal injuries sustained as a result of a slip and fall on the sidewalk/walkway located adjacent to a side entrance door located at 3663 Pawtucket Avenue. Recommend referral to the insurance carrier.

Motion by: Councilman Cunha Seconded by: Councilman Rose

Motion: Refer the claim to the insurance carrier.

VOTE	MAYOR BRIDEN	COUNCILWOMAN CAPOBIANCO	COUNCILMAN CUNHA	COUNCILMAN ROSE	COUNCILWOMAN ROSSI
Aye	√	√	√	√	√
Nay
Abstain
Absent

LORI-BETH GORMAN $2,696.25

RM No. 13-021, Claim No. 13-016

Claim for property damage sustained when a City vehicle backed into claimant’s vehicle.

Motion by: Councilwoman Capobianco Seconded by: Councilman Rose

Motion: Approve the claim in the amount of $2,696.25.

VOTE	MAYOR BRIDEN	COUNCILWOMAN CAPOBIANCO	COUNCILMAN CUNHA	COUNCILMAN ROSE	COUNCILWOMAN ROSSI
Aye	√	√	√	√	√
Nay
Abstain
Absent

SUZANNE GROSSMAN $725.32

RM No. 13-027, Claim No. 13-020

Claim for property damage sustained when the fire and police forced open a window in response to a call concerning the well-being of an elderly female.

Motion by: Councilman Rose Seconded by: Councilwoman Capobianco

Motion: Deny the claim.

VOTE	MAYOR BRIDEN	COUNCILWOMAN CAPOBIANCO	COUNCILMAN CUNHA	COUNCILMAN ROSE	COUNCILWOMAN ROSSI
Aye	√	√	√	√	√
Nay
Abstain
Absent

JFK SYSTEMS, LLC $21,500.00

RM No. 13-028, Claim No. 13-021

Claim for reimbursement of the balance remaining on claimant’s contract with the City awarded through the bidding process.

Motion by: Councilman Rose Seconded by: Councilman Cunha

Motion: Refer the claim to the insurance carrier.

VOTE	MAYOR BRIDEN	COUNCILWOMAN CAPOBIANCO	COUNCILMAN CUNHA	COUNCILMAN ROSE	COUNCILWOMAN ROSSI
Aye	√	√	√	√	√
Nay
Abstain
Absent

PAULETTE POOLE $1,050.00

RM No. 13-025, Claim No. 13-018

Claim for property damage sustained when a City snow plow struck the claimant’s vinyl fence.

Motion by: Councilman Rose Seconded by: Councilwoman Capobianco

Motion: Approve the claim in the amount of $1,050.00.

VOTE	MAYOR BRIDEN	COUNCILWOMAN CAPOBIANCO	COUNCILMAN CUNHA	COUNCILMAN ROSE	COUNCILWOMAN ROSSI
Aye	√	√	√	√	√
Nay
Abstain
Absent

STONEGATE CONDOMINIUMS

LIEN FOR BOARDING

Motion by: Councilman Rose Seconded by: Councilwoman Capobianco

Motion: Refer the matter to the Law Department.

VOTE	MAYOR BRIDEN	COUNCILWOMAN CAPOBIANCO	COUNCILMAN CUNHA	COUNCILMAN ROSE	COUNCILWOMAN ROSSI
Aye	√	√	√	√	√
Nay
Abstain
Absent

PENDING CLAIMS

KAREN EMMES $84.91

RM No. 13-014, Claim No. 13-010

Claim for property damage sustained to vehicle as a result of striking a pothole on the City maintained portion of Pawtucket Avenue. See recommendation of the Director of Public Works.

Motion by: Councilman Rose Seconded by: Councilwoman Capobianco

Motion: Approve the claim in the amount of $84.91.

VOTE	MAYOR BRIDEN	COUNCILWOMAN CAPOBIANCO	COUNCILMAN CUNHA	COUNCILMAN ROSE	COUNCILWOMAN ROSSI
Aye	√	√	√	√	√
Nay
Abstain
Absent

A motion to approve the Claims Committee Report is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote it is unanimous.

C. Council Members

1. New carousel on City of East Providence website. (by Mayor Briden)

Mayor Briden encouraged people to look on the home page to see the new carousel put into place by Jim Moran in the Planning Department as it highlights nice features of our City and is very elegant.

2. Appointments (by Assistant Mayor Rose)

Assistant Mayor Rose states that regarding appointments to boards and commissions they sometimes have a problem when people are appointed but don't show up for meetings. It can cause problems with meeting a quorum. If you choose to dedicate your time its great but if you can't let us know because people are willing to fill these slots. Please take the commitment into consideration and make the time and effort to be there.

3. Loyalty and Devotion to the City (by Assistant Mayor Rose)

Assistant Mayor Rose deferred this item.

4. Angled Parking Option for Bullocks Point Avenue (by Councilwoman Rossi)

Councilwoman Rossi states this item was already addressed.

5. Joint Meeting of City Council and School Committee (by Councilwoman Rossi)

Councilwoman Rossi stated the City did this prior to the Budget Commission coming in and we learned a lot about each other. It doesn't have to include votes but just to keep everyone informed. She added that she attends School Committee meetings but not everyone can and if they don't have any children in the system they may not be in touch with what is going on. We want them to succeed and it's important to sit with the other governing body.

Councilwoman Rossi makes a motion to have a meeting, this is seconded by Councilwoman Capobianco and under discussion, Councilman Cunha asks the Solicitor if he has any suggestions, the Solicitor asks if the School Committee agrees with having a meeting and what would the agenda be? Councilwoman Rossi states it would be a simple meet and greet but everyone would be there in their official capacity so it would have to be posted.

A motion to have the Clerk contact the Clerk of the School Committee to request a joint meeting is made by Councilwoman Rossi, seconded by Councilwoman Capobianco and the motion passes 4-1 with Assistant Mayor Rose voting Nay.

6. What's wrong with this City? (by Councilwoman Rossi)

Councilwoman Rossi stated East Providence is a great city but the politics and misinformation compounded by whisper campaigns cause problems. Voters elected us to represent them not the Budget Commission. We were elected to address their concerns, we are part of the community, we are their voice, we need to make choices and we need to be the solution why are they here? We did not blow the budget and we did not stray from protocols. They were sent to help with the budget if that is still ok and all the protocols are still in place why are they here? Do we need someone to protect the politically connected employees? They are here to handle personnel in our City and stated they won't leave until an AFO is appointed. Our Mayor is ceremonial and cannot hire staff. We have a City Manager and a City Council by Charter, the Mayor has no administrative duties, the Council cannot involve themselves in appointments or removals of employees. I was told to argue on Smith Hill. The Budget Commission was here for 16 months and apparently they have not changed the law, they can just make up laws as they go along. Tonight on the record, I have every intention of challenging them and moving forward to let the City Manager manage. The City Council needs to stop running to Mom when Dad says no. Constituents say the same thing. I am asking for support from this Council to take this action, 45-9-10-C of RI General Laws. Councilwoman Rossi states we don't have a chief elected officer I am asking this in the form of a motion.

Councilman Cunha asked if Councilwoman Rossi really feels this is necessary.

Councilwoman Rossi stated she does, adding our City has not voted for a Mayor. If that is what we want then put it on for the next election. It's unfair to ask our Mayor to hire someone.

Assistant Mayor Rose asked the City Solicitor if the present Mayor, as a member of the Budget Commission can appoint the AFO.

Councilwoman Rossi stated it says specifically the Chief Elected Officer selects the AFO.

Assistant Mayor Rose stated as he sees it now and in serving on the past Council this was brought up before when the then Mayor served on the Budget Commission also.

The City Solicitor stated that an AFO is the next step after a Budget Commission is abolished the Division of Municipal Finance provides 3 names to the President of the City Council and at that point he appoints one of those people as stated under the statute.

Councilman Cunha asks if they do all the screening.

The City Solicitor stated that is correct.

Councilman Cunha stated that he feels the Mayor is qualified to make the decision.

There is no second on the motion, the motion fails.

7. KRob Family Fun Festival (by Councilwoman Capobianco)

This item was discussed earlier.

8. Welcoming New Businesses (by Councilwoman Capobianco)

Yoga One

Churchills Cigar Shop

3 Guys Hydroponics

Yama Fuji

Councilwoman Capobianco deferred this item to the May 21, 2013 Council Docket.

E. Introduction of Ordinances

1. An ordinance regarding sidewalk snow shoveling.

AN ORDINANCE IN AMENDMENT OF CHAPTER 14 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS"

SECTION I. Subsections (c) and (d) of Sec. 14-40 entitled “Removal of snow” of Article III entitled “Sidewalks” of Chapter 14 entitled “Streets and Sidewalks” of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, are amended to read as follows:

(c) Depositing snow. Snow and ice removed from a sidewalk, private yard or private driveway shall not be thrown or deposited on any street, sidewalk or any real property of another property owner.

(d) Penalties. All violations of this section shall be subject to a ~~fine of $25.00~~ written warning for a first offense, a fine of ~~$50.00~~ $25.00 for a second offense, and a fine of ~~$100.00~~ $75.00 for a third and subsequent offenses.

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

A motion to approve the ordinance is made by Assistant Mayor Rose, seconded by Councilman Cunha and under discussion Councilwoman Rossi requests it be deferred to the next Council Meeting of May 21, 2013 due to the fact that Councilwoman Rossi would like to see the time listed that residents have to shovel the sidewalks, the maker and seconder of the motion agree and the item is deferred to the next meeting by a unanimous roll call vote.

F. Communications

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

Mr. Ferreira stated that the first phase of the gym went well. It took 6 hours and the wood wassaved from bleachers and the metal scraped for $600 which they will be using to seed the fields. Last week the School Committee approved the Superintendent and School Committee to send out the bids for the life safety bond.

2. Freddie Rybka, 9 Cozzens Avenue (02915) requesting to address the Council regarding work performances by city workers and contractors.

Mr. Rybka inquired about the RIDOT draining issue from 195 causing a sink hole on Waterfront Dr and asked why it was only filled in with dirt. Both Assistant Mayor Rose and Director of Public Works Steve Coutu spoke on the subject indicating it was temporary while they try to uncover why the area sunk after just paving it. There are actually two sink holes one on Valley St as well. They may have been connected to a repaired a pipe on Valley St and since the patching on Waterfront Dr they are giving it time to see if the issue is resolved.

Mr. Rybka asked about an issue from April 20th regarding cleaning Sabins for Earth Day the trees the city workers chopped up with a chainsaw they have not been removed the stump. Director Coutu stated he would take a look at it.

Assistant Mayor Rose stated he just wants to remind everyone when they have a docket communication and they get up to speak, if they list more than one topic they can only speak on the first topic. He added the form clearly states the person needs to put the description of the item down. Everything is spelled out on the forms and we want to try to try to keep to the Rules.

3. Gerald Read, 65 Kingsford Avenue (02915) requesting to address the Council regarding posting new additional no parking signs and more effectively restricted in the immediate area around his home.

Mr. Read was not present.

4. Thomas Riley, 3620 Pawtucket Avenue (02915) requesting to address the Council regarding wasting time and funds on-going vendettas and other nonsense.

Mr. Riley gave Mayor Briden kudos for asking the Budget Commission to return.

He added the School Committee drove the budget off the cliff in past. The Budget Commission hasn't cleared the hill and we are back to the nonsense again. First thing out of the box two of the finest people, Freddie and Tony, they do honest hard work and as soon as the Budget Commission is out of here they squelch Tony as the liaison of the School Committee. They have Tony give 2-3 minute highlights and first thing out of the box we choke him off. Regarding Chief Tavares, he has known him to be very professional and Mr. Riley stated he has to disagree with how this is being handled. He is confident the Budget Commission will handle it correctly and that the City won't step in it again like they did with Mario Cirillo. Regarding Pond View he added he is so tired of seeing the City fund the ongoing vendetta. The City went to court 8 times with TLA and 8 times they beat us because they are operating within the law. So the City changed the law. Now there is no money to clean up the area and now people are complaining about the piles. There is an $800,000 bond but the City doesn't want Ken Foley in to remove and operate under his old license, doing metals recollection. If people want to sue Kenlin they can pay for it. Jack Walsh offered $2 million to the School Department for maintenance and books. This has to stop.

Councilwoman Capobianco speaks regarding the Council Rules of Procedure and that she has been requesting this item be placed on the docket the City Clerk states it will be on the upcoming May 21, 2013 Council Docket to give all Council members a chance to add any additional amendments.

XII. ADJOURNMENT

A motion to adjourn at 11:03PM is made by Assistant Mayor Rose, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.

Approved By Council: May 21, 2013