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)&(5)

A.    New Claims

1. Roy Babbitt

2. John R. Barone

3. Dominic Cifelli

4. Robert Moreau

5. Cheryl Moroni

6. Michael Plume

7. Paula Raposo

8. Anthony Reis

9. Joseph Squadrito

B.     Miscellaneous – Sewer Abatements

1. Kevin Doherty – Sewer Charge Abatement

2.Jose Gonsalves – Sewer Charge Abatement

C.     Disposition of City Owned Property/Extension of Broker Listing Agreement

D.    Disposition of City Owned Property

1.      260 Dover Avenue Map 408, Block 2, Parcel 2

II.                CALL TO ORDER

Mayor Briden calls the meeting to order at 7:35PM

III.             SALUTE TO THE FLAG

IV.             TO APPROVE THE CONSENT CALENDAR

A. Letters

V.                PUBLIC COMMENT

1.      Jo-Ann Durfee – City Business

2.      Peter Oppenheimer – 1 Dexter Road

3.      Tom Riley - The City Water System

4.      Tom Riley – Looking at the Police Department from the Outside In

VI.             PROCLAMATIONS AND PRESENTATIONS

A.    Police Robot Demonstration (by Assistant Mayor Rose)

This item was deferred.

VII.          APPOINTMENTS

A.    Conservation Commission Re-Appointment (by Councilwoman Rossi)

Keith Gonsalves, 2 Ramsay Street (02915)

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

VIII.       LICENSES NOT REQUIRING PUBLIC HEARING

A.    Peddler/Ice Cream

IX.             PUBLIC HEARING – ORDINANCES FINAL PASSAGE

A.    An ordinance regarding water rates.

A motion to dispense with the reading of the ordinance is made by Councilwoman Rossi, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous. 

AN ORDINANCE IN AMENDMENT OF CHAPTER 17 OF THE

REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE,

RHODE ISLAND, 1998, AS AMENDED, ENTITLED “UTILITIES.”

SECTION I.   Subsection (a) of Sec. 17-36 entitled “Water rates” of Article II entitled “Water” of Chapter 17 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Utilities,” is amended to read as follows:

      (a)  The water rates for water furnished by the city to the consumer and measured by meter shall be billed at $2.85 3.32 per 100 cubic feet, effective May 1, 2014 for all consumers.  For subsequent years, the effective rate shall be modified as follows:

      Effective November 1, 2014, the rate per 100 cubic feet will remain at $3.32.

      Effective November 1, 2015, the rate per 100 cubic feet will increase to $4.05.

      Prior to the end of fiscal year 2015-2016, the rate will be re-analyzed to determine if a modification is required for subsequent years.

SECTION II.   Subsection (c) of Sec. 17-36 entitled “Water rates.” of Article II entitled “Water” of Chapter 17 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Utilities,” is amended to read as follows:

(c)  When the quantity of water is measured by a meter, a quarterly advance charge of $21.11 shall be made for each domestic service which shall entitle the consumer to use up to 1,111 cubic feet in the next three months.  Effective May 1, 2014, the annual fixed meter charge portion of the water charge shall be as follows:

Such fee shall be prorated quarterly or monthly for customers who are billed on a quarterly or monthly basis.

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 Briden and Councilwoman Capobianco

Assistant Mayor Rose stated that he is concerned this is going to cost much more than $19 million and that the plan is not taking care of the entire city.  He added that he has spoken to people outside of the City, people with engineering backgrounds and experience at Water Authorities and they feel this should be looked at more closely because there are other solutions. There have also been inaccuracies reported through this testing process from other cities and towns.   

Director Coutu gave an overview and summarized what had previously been stated at the workshop.  The bond would be via Clean Water Finance. This would resolve the disinfection by-products issue which the City is now in violation of.  The City currently has to disinfect at a meter station in Cranston and this provides for unreliable disinfection.  There would be a new 6.6 million gallon tank with treatment capacity and a disinfection treatment center closer to the source and this plan would also include a 20 inch main for increase flow in pressure.  There would be $6 million in ongoing water rehabilitation for the pipeline in Watchemoket and then further up Newport Avenue.  

Assistant Mayor Rose questions whether or not the proper amount of chlorine had been added because if too much was added the results would be the by-products which the City was in violation of for the one test. 

Director Coutu stated they had to add that amount of chlorine. 

Assistant Mayor Rose asked if perhaps the system had been under-flushed. 

Director Coutu stated it had been flushed properly. 

Jim Marvel stated that all water systems are required to maintain a minimal chlorination in the system and it is not an unreasonable number.

Director Coutu added that this is a long term project, this is just the first step to address the immediate concerns and that the City couldn't afford it all in one shot and also couldn't manage the whole project at one time.

Public Hearing:

1.      Tom Riley 3620 Pawtucket Avenue (02915) speaks against and asks for more time to study.

Assistant Mayor Rose stated that he would like the City to consider a re-test with an independent company after a robust flush of the system.  

Jim Marvel stated they have flushed the system properly. They flush every spring and fall in accordance with the required specifications. They have an independent lab do the tests before they go out and retest and they make sure the lab results make sense.  Adding that he has tracked this and it does make sense.

Councilwoman Rossi asked if the City did a test after the system was flushed.

Director Coutu stated that it is regulated by a standard and they have to do it in a required amount of time.  They flush prior to taking the test and it is extremely robust. Our numbers are higher and Providence’s numbers are higher and therefore the numbers make sense. This is a chronological situation over time.

Jim Marvel added it is a series of an average of 4 numbers.  The high test of last summer was in two locations. There was no anomaly which showed up in any of the areas. We can send a test to 2 labs it only costs $100 dollars for a test but it doesn't hinge on one test, it is a chronological issue.  This has been going on since 2007 when the City first new of these issues to come and just hoped it wouldn't get cited but the issue came up quicker than anticipated.  

A motion to approve the Ordinance for final passage based upon the retesting being conducted by a separate lab is made by Councilwoman Capobianco, seconded by Councilwoman Rossi and on a roll call vote it is unanimous. 

B.     An ordinance regarding approval of the issuance of water revenue bonds.  

A motion to dispense with the reading of the Ordinance is made by Councilwoman Rossi, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous. 

ORDINANCE OF THE CITY OF EAST PROVIDENCE APPROVING THE FINANCING OF IMPROVEMENTS TO THE EAST PROVIDENCE WATER SYSTEM AND ALL ATTENDANT EXPENSES INCLUDING BUT NOT LIMITED TO ENGINEERING COSTS AND APPROVING THE ISSUANCE OF WATER REVENUE BONDS AND NOTES THEREFOR IN AN AMOUNT NOT TO EXCEED $19,000,000

WHEREAS, in the interest of public health and safety, the City of East Providence (the “City”) desires to make certain improvements to the City’s water system, which improvement together with all attendant expenses including but not limited to engineering costs in connection therewith are hereinafter referred to as, the “Project”;

WHEREAS, the City desires to issue an amount not to exceed Nineteen Million Dollars ($19,000,000) water system revenue bonds (the “Bonds”) or interest bearing or discounted water system revenue notes (the “Notes”) in anticipation of the issue of said Bonds of the City, at one time, or from time to time for the purpose of evidencing the borrowing described above;

WHEREAS, Chapter 46-12.8 of the Rhode Island General Laws, pursuant to which the Bonds or Notes will be issued, provides that notwithstanding any municipal charter to the contrary, all local governmental units shall have the power to issue local governmental obligations payable solely from drinking water system revenues pursuant thereto without limit as to amount, and the amount of principal and premium, if any, and interest on the obligations shall not be included in the computation of any limit on the indebtedness of the local governmental unit or on the total taxes which may be levied or assessed by the local governmental unit in any year or on any assessment, levy, or other charge made by the local governmental unit on any other political subdivision or instrumentality of the State of Rhode Island;

WHEREAS, notwithstanding the foregoing provisions of Chapter 46-12.8 of the Rhode Island General Laws, the City desires to comply with the requirements set forth in Section 4.27 of the City Charter with respect to the issuance of bonds to the extent possible;

WHEREAS, the estimated maximum cost of the Project is $19,000,000;

WHEREAS, the period of usefulness of the Project is expected to be thirty (30) years; and

WHEREAS, the net debt of the City is not affected by the issuance of the Bonds or Notes as the Bonds and Notes will not be general obligations of the City but will be payable solely from drinking water system revenues.

NOW THEREFORE, BE IT ORDAINED BY THE CITY OF EAST PROVIDENCE that:

SECTION 1.   The sum of Nineteen Million Dollars ($19,000,000) is appropriated for the purpose of financing the Project.

SECTION 2.   In accordance with Chapter 46-12.8 of the Rhode Island General Laws, the Mayor and the Director of Finance are hereby authorized to borrow an amount not exceeding Nineteen Million Dollars ($19,000,000) from the Agency, and to evidence such loan, such officers are hereby authorized to issue and refund on behalf of the City the Bonds, at one time, or from time to time in order to meet the foregoing appropriation. 

SECTION 3.   The said officers from time to time may issue and refund the Notes in anticipation of the issue of said Bonds.  

SECTION 4.   The Bonds and Notes shall be payable solely from drinking water system revenues.  The City may issue bonds, notes, or other obligations on a parity with these Bonds as provided in the Trust Indenture (defined below).  The manner of sale, amount, denominations, maturities, conversion or registration privileges, interest rates, medium of payment, and other terms, conditions and details of the Bonds or Notes may be fixed by the officers authorized to sign the Bonds or Notes.

SECTION 5.   Pending the issuance of the Bonds under Section 2 hereof or pending or in lieu of the issue of Notes under Section 3 hereof, the Director of Finance, at the written direction of the City Council, may expend funds from funds of the City including the General Fund for the purposes specified in Section 1 hereof.  Any advances made under this section shall be repaid without interest from the proceeds of the Bonds or Notes issued hereunder or from the proceeds of applicable federal or state assistance or from other available funds.

SECTION 6.  The Mayor and the Director of Finance are also authorized, empowered and directed, on behalf of the City, to: (i) execute, acknowledge and deliver a Supplemental Indenture (the “Supplemental Indenture”) amending and supplementing the Trust Indenture dated April 1, 2004 by and between the City and U.S. Bank National Association (the “Trust Indenture”), and any and all other loan agreements, documents, certificates or instruments necessary to effectuate such borrowing; (ii) amend, modify or supplement the Trust Indenture, such Supplemental Indentures, the Bonds or Notes and any and all other loan agreements, documents, certificates or instruments at any time and from time to time, in such manner and for such purposes as such officers shall deem necessary, desirable or advisable; (iii) direct the Trustee with regard to investments of trust funds pursuant to the Trust Indenture, and (iv) do and perform all such other acts and things deemed by such officers to be necessary, desirable or advisable with respect to any matters contemplated by this Ordinance in order to effectuate said borrowing and the intent hereof.

SECTION 7.   The Mayor and the Director of Finance are hereby authorized to deliver the Bonds or Notes to the purchaser and said officers are hereby authorized and instructed to take all actions, on behalf of the City, necessary to ensure that interest on the Bonds or Notes will be excludable from gross income for federal income tax purposes and to refrain from all actions which would cause interest on the Bonds or Notes to become subject to federal income taxes.

SECTION 8.   This Ordinance is an affirmative action of the City Council of the City toward the issuance of the Bonds and Notes in accordance with the purposes of the laws of the State. This Ordinance constitutes the City’s declaration of official intent, pursuant to Treasury Regulation §1.150-2, to reimburse the City for certain capital expenditures for the Project paid on or after the date which is sixty (60) days prior to the date of this Ordinance, but prior to the issuance of the Bonds or Notes.  Such amounts to be reimbursed shall not exceed Nineteen Million Dollars ($19,000,000) and shall be reimbursed not later than eighteen (18) months after the later of (a) the date on which the expenditure is paid or (b) the date on which the Project is placed in service or abandoned but in no event later than three (3) years after the date on which the expenditure is paid.

SECTION 9.   The Mayor and the Director of Finance are authorized to take all actions necessary to comply with federal tax and securities laws including Rule 15c2-12 of the Securities and Exchange Commission (the “SEC Rule”) and to execute and deliver a Continuing Disclosure Certificate in connection with the Bonds or Notes in the form as shall be deemed advisable by the Mayor and the Director of Finance in order to comply with the SEC Rule.  The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate, as it may be amended from time to time.  Notwithstanding any other provision of this Ordinance or the Bonds or Notes, failure of the City to comply with the Continuing Disclosure Certificate shall not be considered an event of default; however, any Bondholder or Noteholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this Section and under the Continuing Disclosure Certificate.

SECTION 10.  This ordinance shall take effect upon its second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.

Requested by:  Mayor Briden and Councilwoman Capobianco

Public Hearing:

1.      Tom Riley, 3620 Pawtucket Avenue (02915) – against because it will cost more.

2.      Tony Ferierra 44 Brightridge Avenue (02914) – against because it is last minute and each discussion the bill grows.

3.      Freddie Rybka 9 Cozzens Avenue (02915) – he wants clean water but there are many in the City who can’t afford these increases

4.      Jessica Bouchaine 58 Winsor Street (02915) on behalf of her stepfather who previously emailed the Council – against the ordinance as it is too last minute and there hasn’t been enough public participation, there may be other ways and calling for further research.

5.      Eugene Saveory 41 Scott Drive (02915) in favor, the cost will only double and the City doesn’t want to get into a situation like it did with the wastewater treatment plant.

A motion to approve the Ordinance for final passage based upon the retesting being conducted by a separate lab is made by Councilwoman Capobianco, seconded by Councilwoman Rossi and on a roll call vote it is unanimous. 

 A 5 minute recess is called.

X.                PUBLIC HEARING

A.    CDBG Appropriations

David Bachrach presented a proposed budget for the next year.  He reminded Council this is not normal City revenue funding but is federal funding to the City to be used for neighborhood community development projects. The funds do have a number of regulations and what is being presented is the result of the outreach to the general public to get a handle on what the needs of the City are.  He added that he had asked Council to go through the funding list and if Council passes this budget then it will kick off a 30 day comment period which would start tomorrow. People are asked to contact the City Council or David Bachrach or the Community Development office in writing, by email or by phone.  If the change is significant then the item comes back to Council to reevaluate

Public Hearing

1.  Victoria White East Bay Community Action Office of Civic Engagement to represent the Foster Grandparent Program through Americorp thanked the Council for continued support

2. Dennis Roy East Bay Community Action thanked the Council for their years of support.

3. Erin Gilliat Executive Director of the Boys and Girls Club of East Providence for an extension of existing programs.

Councilwoman Rossi stated she would like to move some of the funds around.  She would rather have more money to help more families repair holes in their roofs and help with heating systems by moving all of East Bay Community Action funds and Boys and Girls Club funds into the Affordable Housing Renovations.

Mayor Briden stated that he likes the allocation as presented because it shows a good balance, a balance between these different areas.  Adding he wouldn't support cutting from the Boys and Girls Club as the City doesn’t have a YMCA.

A motion is made to approve the funds as allocated by the Community Development Office by Councilwoman Capobianco, hearing no second the Mayor states he will second by relinquishing the Chair but asks if the discussion can continue to the May 12th meeting.

David Bachrach states it cannot due to the strict time line they are under according to federal regulation.

A motion to approve the CDBG Appropriations Budget as proposed by the Community Development Office is made by Assistant Mayor Rose, seconded by Councilwoman Capobianco and on a roll call vote the motion passes 3-1 with Councilwoman Rossi voting Nay.

XI.             NEW BUSINESS

A.    City Managers Report (by Acting City Manager, Paul Lemont)

1.      Approval of Re-roofing of Union Primary, Sweetland House and Payette House

This item was deferred to the next meeting.

B.     Report of Other City Officials

1.      Claims Committee Report (by Solicitor Timothy Chapman)

Pursuant to R.I.G.L. § 42-46-5(a)(2), a motion is made by Councilman Rose and seconded by Councilwoman Capobianco 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 - Absent, Councilman Rose – Aye, Councilwoman Rossi – Aye, the motion is approved 4-0. 

EAST PROVIDENCE CLAIMS COMMITTEE

    CLAIMS & LITIGATION REPORT

       TUESDAY, MAY 6, 2014; 6:45 P.M.; ROOM 101

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

                      NEW CLAIMS

ROY BABBITT                                                                           $396.38

RM No. 14-028, Claim No. 14-023

Claim for property damage to vehicle sustained as a result of striking a pothole on Forbes Street.  See recommendation of the Director of Public Works.

Motion by:  Councilwoman Rossi                        Seconded by:  Councilwoman Capobianco

Motion:  Offer to settle the claim in the amount of $200.00.

JOHN R. BARONE                                                                     $599.30

RM No. 14-026, Claim No. 14-021

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

Motion by:  Councilwoman Rossi                        Seconded by:  Councilwoman Capobianco

Motion:  Offer to settle the claim in the amount of $300.00.

DOMINIC CIFELLI                                                                  $1012.08

RM No. 14-019, Claim No. 14-016

Claim for property damage to vehicle sustained as a result of striking a pothole on Summit Street.  See recommendation of the Director of Public Works.

Motion by:  Councilwoman Rossi                        Seconded by:  Councilwoman Capobianco

Motion:  Offer to settle the claim in the amount of $330.00.

ROBERT MOREAU                                                                    $100.00

RM No. 14-034, Claim No. 14-030

Claim for property damage to vehicle sustained as a result of striking a pothole on Roger Williams Avenue.  See recommendation of the Director of Public Works.

Motion by:  Councilwoman Rossi                        Seconded by:  Councilwoman Capobianco

Motion:  Approve the claim in the amount of $100.00.

CHERYL MORONI                                                                    $259.52

RM No. 14-039, Claim No. 14-032

Claim for property damage to vehicle sustained as a result of striking a pothole on Commercial Way.  See recommendation of the Director of Public Works.

Motion by:  Councilman Rose                  Seconded by:  Councilwoman Capobianco

Motion:  Approve the claim in the amount of $259.52.

MICHAEL PLUME                                                                     $390.00

RM No. 14-032, Claim No. 14-028

Claim for reimbursement of expenses incurred as a result of a sewer backup.  See recommendation of the Director of Public Works.

Motion by:  Councilwoman Capobianco              Seconded by:  Councilman Rose

Motion:  Approve the claim in the amount of $390.00.

PAULA RAPOSO                                                                         $705.03

RM No. 14-027, Claim No. 14-022

Claim for property damage to vehicle sustained as a result of striking a pothole on Estrell Drive.  See recommendation of the Director of Public Works.

Motion by:  Councilwoman Rossi              Seconded by:  Councilwoman Capobianco

Motion:  Offer to settle the claim in the amount of $100.00.

ANTHONY REIS                                                                         $253.51

RM No. 14-033, Claim No. 14-029

Claim for property damage to vehicle sustained as a result of striking a pothole on James Street.  See recommendation of the Director of Public Works.

Motion by:  Councilman Rose                   Seconded by:  Councilwoman Capobianco

Motion:  Approve the claim in the amount of $253.51.

JOSEPH SQUADRITO                                                                 $159.81

RM No. 14-038, Claim No. 14-031

Claim for property damage to vehicle sustained when the claimant struck a curb to avoid a drunk driver.  See recommendation of the Director of Public Works.

Motion by:  Councilwoman Capobianco               Seconded by:  Councilman Rose

Motion:  Deny the claim.

MISCELLANEOUS

KEVIN DOHERTY                                                                      $101.00

Request for a sewer charge abatement for the property located at 2 Ellis Street in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilwoman Capobianco               Seconded by:  Councilman Rose

Motion:  Approve the abatement in the amount of $101.00.

JOSE GONSALVES                                                                     $110.75

Request for a sewer charge abatement for the property located at 43 Payette Street in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilman Rose                   Seconded by:  Councilwoman Capobianco

Motion:  Approve the abatement in the amount of $110.75.

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

2.      Handicap Parking Permit – 56 Richfield Street (by Director of Public Works, Steve Coutu)

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

            C.  Council Members

1. Tax Year Alignment (by Mayor Briden)

Mayor Briden announced this item would be discussed at a Special Council Meeting held Monday May 12^th. 

   2. Results of Homestead Audit (by Mayor Briden)

This item was deferred to the next Regular Council Meeting. 

3.                  Charter Amendment Referendum and Process (by Mayor Briden)

4.                   

The meeting was extended by 15 minutes. 

Mayor Briden stated that there is no vote scheduled this evening on this issue but that those who are present to speak on the topic are welcome to do so.

John L. Faria  20 Rowley Street speaking in favor of Mayoral Form of Government appearing on the 2014 Ballot.  

Tony Fereirra asked for clarification on whether or not last year the Council voted to put this on the ballot.

Assistant Mayor Rose stated they voted to send the item to the Law Department for a resolution to be drafted and brought back to Council.  This resolution came out of the Law Department and was brought to the Council and now it is going back to be redrafted with the Charter Issues going on another portion of it.

Mayor Briden stated the issue is how we want to make decisions in East Providence and it is a significant issue. Looking at our history and future, when we make a decision without the research chances are we will not make a good decision. We didn’t have the information that was necessary when we first discussed this issue. There was a Charter Commission back in 1991 and there was a great deal of information generated from that experience. The City of New London has gone through this and it is necessary to review whether that has worked out well. Does the City now work better? Is there good decision making on how we go forward as a City? We need to look at the process and how we make decisions. It is important that we do our homework. He added that what made him more comfortable on the Water Ordinance was that there were people with expertise who were able to answer questions.  As another example a Zoning Map Amendments or Zoning Boards themselves listens to a case, an expert presents to a board. What is absent from all of this and what is apparent from 1991 is that it doesn't seem that anyone knows what is better for the City. They can speculate but to initially have a comprehensive study done of this issue is a better idea. What is better for the City?  Maybe it’s a 3rd model with an elected mayor and a director of administration, is it better with 7 members of the Council with a professional city manager or 7 members of the Council with a mayor?  There are universities that conduct these kinds of studies.  They look around the country and at East Providence and the Charter Commission could use this study. The chances of the City being improved would be greater and the public would be educated on the issue at hand.  He added that to date he has not met anyone in favor of the 4 year term changes which were on the ballot in 2012.   

Speaking in Favor of a Mayoral Form of Government Question being placed on the Ballot in 2014:

1.      Julie Silva

2.      Bruce Rogers

Councilwoman Capobianco asks former Mayor Bruce Rogers why if this is so imperative, at this very moment and it absolutely can’t wait for a study to be conducted, did he not put it on the ballot when he was Mayor? 

3.      John Rossi

Against Placing this on the Ballot:

1.      Tom Riley

5.      Summer Camp with Jamie Silva (by Assistant Mayor Rose)

This item was deferred to the next Regular Council Meeting. 

6.      East Providence Police Department (by Assistant Mayor Rose)

This item was deferred to the next Regular Council Meeting. 

7.      Recommendations from the Carousel Commission with regard to operations of the Carousel.  (by Assistant Mayor Rose)

Councilman Rose stated that they have too much on one person and it causes a problem as it has in the past.  The tasks need to be separated. 

Councilwoman Rossi stated the Carousel Commission held a meeting and their recommendation was to split the duties. Currently there is a maintenance mechanic who is the manager and there is no backup training. This has put the Carousel at risk because when that person decides they no longer wish to work at the Carousel and leaves the position, which has happened twice in the past the City has no one to run the Carousel. The Commission wants to split the job and have one administrator and one mechanical maintenance position.  This was sent to the Legal Department for an ordinance to be drafted and in the interim it is within the purview of the Council to allow the Commission to delegate a person to be administrator.

Mayor Briden requests this be put on the meeting of May 12^th giving the Solicitor time to address the issue.

Assistant Mayor Rose stated that there would be an issue this weekend as there is no delegation as to who is in charge when the Carousel is open.

Councilwoman Rossi asked what harm there was in the Commission running the Carousel.  Solicitor Chapman cited the ordinance stating they were an advisory Commission only.

Councilwoman Rossi stated the Commission has someone already currently handling those duties anyway and she has been handling them since last year. 

Solicitor Chapman stated he would review and bring it back up at the May 12^th meeting.

Motion to defer all other docket items is made by Councilwoman Rossi, seconded by Assistant Mayor Rose and it is unanimous. 

D.    Report of School Committee Liaison

E.     Introduction of Ordinances

1. An ordinance amendment regarding the Juvenile Hearing Board.

AN ORDINANCE IN AMENDMENT OF CHAPTER 2 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “ADMINISTRATION”.

SECTION I.  Section 2-179 entitled “Established” of Division 8 entitled “Juvenile Hearing Board” of Article III entitled “Boards, Committees, Commissions” of Chapter 2 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Administration” is amended to read as follows:

There is hereby established within the city a juvenile hearing board with the powers set forth in this division for the purpose of hearing all cases referred to such board by the chief of police of the city with respect to persons resident in the city, under the age of 18 ages 10 to 17, who are charged with violating the criminal laws of the state, or the city.

SECTION II.  Subsection (a) of Section 2-180 entitled “Referral” of Division 8 entitled “Juvenile Hearing Board” of Article III entitled “Boards, Committees, Commissions” of Chapter 2 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Administration” is amended by adding thereto the following:

(4)  Where the juvenile prosecution officer determines the referral is inappropriate for this particular juvenile.

SECTION III.  Section 2-181 entitled “Composition of board” of Division 8 entitled “Juvenile Hearing Board” of Article III entitled “Boards, Committees, Commissions” of Chapter 2 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Administration” is amended to read as follows:

The membership of the juvenile hearing board shall consist of five persons over the age of 21 years to be appointed by the city council of the city, all of whom shall be residents of the city. The four members of the city council who are elected by ward shall each appoint one resident from their ward subject to the approval by a majority of the council; the remaining at large member of the city council shall appoint one resident from the city subject to approval by a majority of the council. The city council shall appoint the initial members for staggered terms. During the month of October annually, the city council shall appoint a member or members to succeed the member or members whose term will then next expire, to serve for a term of three years, each member appointed or reappointed after November 1, 2016 shall be limited to two three-year terms commencing on the November 1, and thereafter until their successors are appointed and qualified. In the event of a vacancy occurring in the office of a member by death, resignation or otherwise, such vacancy shall be filled in like manner as the original appointment, but only for the remainder of the term of the former member. No member of the juvenile hearing board shall be entitled to receive any compensation by reason of his service on the board.

In addition to the five standing members, the mayor shall appoint two alternates with the approval of the majority of the council to be designated as the first and second alternate members.  The first and second alternate shall serve for a term of three (3) years.  These alternate members shall sit and may actively participate in hearings.  The first alternate shall vote if a member of the board is unable to serve at a hearing and the second shall vote if two members of the board are unable to serve at a hearing.  In the absence of the first alternate member, the second alternate member shall serve in the position of the first alternate.  The alternate members shall exercise the same duties and functions of a regular member when serving on the board and may be removed from office by the city council in the same manner as a regular member.  All appointments to the board shall be subject to the approval of the chief of police.

SECTION IV.  Section 2-182 entitled “Duties of board” of Division 8 entitled “Juvenile Hearing Board” of Article III entitled “Boards, Committees, Commissions” of Chapter 2 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Administration” is amended to read as follows:

The juvenile hearing board shall hear all cases referred to it by the chief of police. If after such referral the person before the juvenile hearing board shall not admit guilt, such case shall be referred back to the chief of police for presentation to the family court for prosecution. In all cases heard by the juvenile board, it shall determine what discipline or other remedial action shall be imposed upon the person before it. In making such determination, the juvenile hearing board shall not be bound by the customary rules of evidence, and may consider all probative and relevant evidence whether or not such evidence would be admissible in a court of competent jurisdiction. The juvenile hearing board shall impose sanctions (other than incarceration) and shall may direct restitution for any injuries resulting from the commission of such offense to which guilt has been admitted. In those cases in which the board shall orders restitution/community service, it shall attempt to assist the juvenile offender and his/her parents in providing a means whereby the offender may make complete such restitution/community service, including without limiting the generality of the foregoing, attempting to provide, with cooperation of the city manager or the superintendent of schools, suitable employment community service opportunities by the city. In any such proceeding, the juvenile hearing board, prior to imposing sanctions, shall request the juvenile offender and his/her parents to agree to the sanctions imposed, and the amount of restitution/community service and manner of making such restitution/performing such community service. In ordering restitution/community service, the juvenile hearing board shall take into account the juvenile offender's ability to pay/comply, and the amount of actual damage caused as a result of the commission of such offense.

SECTION V.  Section 2-183 entitled “Meetings of the board” of Division 8 entitled “Juvenile Hearing Board” of Article III entitled “Boards, Committees, Commissions” of Chapter 2 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Administration” is amended to read as follows:

The juvenile hearing board shall meet not less than once each month. It The juvenile prosecution officer shall give notice of the matters to be heard before it to the board, to the chief of police, the police department juvenile officer and the juvenile offender and his/her parents, not less than seven days prior to the date of the hearing. Any juvenile offender shall be entitled to be represented by counsel and present evidence in his behalf. A majority of the members of the juvenile hearing board shall constitute a quorum, and its proceedings shall be closed to the public except that the juvenile hearing board may, with the consent of such juvenile, and his/her legal guardians, transact its business in public. The juvenile hearing board shall elect one from its members as its chair, and one as its vice-chair. In the absence of the chair, the vice-chair shall be the presiding officer. A majority of the members present shall be required to take any action. The juvenile hearing board shall have the power from time to time to draft rules governing its proceedings or to amend or repeal any rules theretofore adopted, subject to the approval of the city council.

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

Requested by:  Councilwoman Rossi

F.     Communications