CONSENT CALENDAR

1 Approval of Council Journals

Special Meeting - February 13, 2003

Regular Meeting - February 18, 2003

2. City of Pawtucket - Resolution in Support of reallocating $80 million of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA) for Federal Revenue Sharing to the Counties, Cities, and Towns

3. CANCELLATIONS/ABATEMENTS - Requested by Tax Assessor

YEAR                         AMOUNT

2002                            $2,288.34

2001                                 593.22

Total                           $2,881.56

On motion of Councilman Miranda, seconded by Councilman Harrington, and on a roll call vote, it is unanimously voted to approve the Consent Calendar. 

PROCLAMATIONS, PRESENTATIONS, INTRODUCTIONS

Recognition to members of the East Providence Fire Department

Mayor Grant presents citations to the following members of the Fire Department for their assistance in the recent West Warwick fire:

Captain Kenneth Ledo, Firefighters Charles Scott, Mike Farrell, Steven Gomes, Paul Cotter, Judy McNeil, Scott Grace, Eric Linacre, and Joe Horn.

Captain Ledo thanks the Council on behalf of all Firefighters who shared in the efforts and asks that prayers be said for the victims, families, and West Warwick Firefighters.

Firefighter Oscar Elmasian thanks Father John Unsworth and Rev. Campbell Lovett as well.

CITY COUNCIL SITTING AS LICENSING COMMISSIONERS

LICENSES NOT REQUIRING PUBLIC HEARING

Sunday/Holiday Sales (Deferred from February 18, 2003)

John Littlefield, dba Archie’s Bait & Tackle, 285 Bullocks Pt. Avenue

John Littlefield, 39 Breeze Avenue, Riverside, Rhode Island is present and sworn.

On motion of Councilman Harrington, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to approve, subject to approvals from the Police Chief and Building Inspector.

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL

PUBLIC HEARINGS

ORDINANCES - FINAL PASSAGE (Given first passage February 18, 2003)

Advertised - Providence Journal - February 21, 2003

The following ordinance adds stop signs at Hilltop Road and Colonial Road westbound and northbound traffic.

NEW BUSINESS

CITY MANAGER

I/I Remediation Program/CDM Contract Amendment

Public Works Director Steve Coutu states that the amendment is for an additional $269,100 for additional I/I work.

Elizabeth Beardsley of Camp, Dresser, McKee gives a presentation on the I/I program - what has been done and what is planned for the future.

Following the presentation, the Council comments that the presentation was a good one, and it shows a significant reduction in overflow problems.  Some discussion is held regarding where the funding can come from, and Mr. Lemont responds that there is very little Federal money available, and the Narragansett Bay Commission would have a better chance on getting it than the City would.  He says that the program is necessary because DEM is not going to tolerate overflows. 

Councilman Ramos speaks on the issue of golf courses in the City that are not being taxed fairly.  He said if they paid their fair share, we wouldn’t have the problems in the City.  Councilman Rogers mentions the fact that the Golf Courses were successful in litigation against the City about the taxes they pay. 

On motion of Councilman Rogers, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to amend the CDM contract by increasing it by $269,100.

Fire Chief’s report on fire safety in the City

Mr. Lemont reports on a meeting with business owners and City officials regarding fire safety, following the tragedy in West Warwick.  He says the plan the City had is now going to be sped up, and he asks Chief Bessette to report.

Fire Chief Gerald Bessette reports that he received a phone call last Sunday from the State Fire Marshall, who indicated that the City was to start inspection of all places of assembly, starting with buildings holding 76-200 people, then continuing on with the larger places of assembly.  He states that on Monday morning, he talked to the Fire Marshall and asked him to be allowed to use some past Deputies.  A couple of them declined because of liability concerns.  There were two or three others who agreed to come in to assist, and the inspections have begun.  He says the State Fire Marshall has asked that the inspections be completed in a week.

Councilman Rogers asks the Chief if he has personnel and if they are protected from liability.  He asks the Chief if there is anything the Council can do.  Chief Bessette asks the Council to let people know that he has the Council’s full support.

Following further discussion, on motion of Councilman Miranda, seconded by Councilman Rogers, it is unanimously voted to support the Chief. 

City Manager’s Report

Mr. Lemont reports that he got word that Senator Reed and Congressman Kennedy have secured $450,000 for Crescent Park, which includes an additional $150,000 for a concession stand. 

Councilman Ramos states that he thought the concession stand was out of the picture.  He says he took a vote to take the concession stand out.  Mr. Lemont says it will go back to the Committee and that it’s not his plan, it is the plan of the Committee.  Councilman Ramos says he wants it to come back before the Council so he can vote against it again.

REPORTS OF OTHER CITY OFFICIALS

(By William J. Conley, Jr., City Solicitor)

Claims and Litigation Committee Report

Dolce’s dba Bovi’s Tavern vs. City of East Providence - Mr. Conley reports on the status of the court hearings, which resulted in the establishment being shut down by the City Building Inspector after a fire there.  After two days of court hearings, the court ordered today that Bovi’s has filed an application with the City to construct a new emergency exit, which will meet both building and fire code standards.  In the meantime, the court ordered adjoining property owners to open the fenced-in area.  He says it is anticipated that the construction of the new egress is about 2-3 weeks away.

On motion of Councilman Miranda, seconded by Councilman Harrington, and on a roll call vote, it is unanimously voted to accept as presented.

COUNCIL MEMBERS

(By Councilman Norman J. Miranda)

Kent Heights School Update

Councilman Miranda introduces School Committee Chairman Peter Barilla and Consultant Ernie DiSaia.

Mr. Barilla apologizes for the Superintendent of Schools who was called away on emergency business this afternoon and could not attend this evening. 

Ernie DiSaia updates the Council on the status of Kent Heights School.  He says the 1954 and 1926 portions of the school were taken down last week.  The design portion of the building is 80% complete.

Mr. Miranda notes for the record that School Committee member Edna Snow is also in attendance. 

Mr. DiSaia also notes that Martin School will have a full renovation on the HVAC and carpeting and floor replacement will be done by September.  The Fire Alarm will not be completed by then, but he says they will be working simultaneously on fire alarms for all schools.

Councilman Rogers urges the School Committee to involve the community members in the design plans of Kent Heights School.

(By Councilmen Rogers, Harrington, Ramos)

City Solicitor’s report to the City Council on Best Practices/Recommended Procedures to conduct City Manager search.

Councilman Rogers speaks about putting together a process to hire the next City Manager.  He says the City Solicitor reported to the City Council saying there are several recommended procedures to institute this process, one being the establishment of a Committee, authorized by the City Council, constituted by members designated by the City Council, to engage in this search.  He proposes a six-person committee that will conduct a search.  He asks the City Solicitor whether establishing a volunteer search committee is within the laws of the City Charter. 

Mr.Conley states that the selection of the City Manager is the responsibility of the City Council, but the Council can determine the process to achieve that.  Such a process would be subject to the Open Meetings Law statute, and all meetings will be open to the public. 

Councilman Rogers asks Mr. Conley if it would be a violation of the City Charter to have Department Heads serve on the committee.  Mr. Conley responds that the City Council cannot order subordinates of the City Manager, but as long as nothing in the process does not involve in the City Council giving direct orders to subordinates of the City Manager, it would not violate that portion of the City Charter. 

Councilman Rogers reads a mission for the Committee: 

Subject to final selection and approval of a new City Manager by this City Council, the search committee shall be responsible for all aspects of identifying, recruiting, interviewing, and recommending the most qualified candidate available to serve as the East Providence City Manager, in accordance with the City Charter and procedures established by the search committee.  The Committee is authorized to take action with the foregoing mission, and representatives of the search committee shall report periodically to the City Council regarding its activities.  

He adds that all City Council members, as well as members of the public, are invited to attend every meeting of the committee, as they are open meetings.  He proposes the following to serve on the Committee: Police Chief Gary Dias, Finance Director James McDonald, Planning Director Jeanne Boyle, Councilman Isadore Ramos, Councilman Daniel Harrington, and Jack Marshall of Marshall Properties, representing the business community.  Councilman Rogers explains his reason for choosing only two Council members to the Committee, and says all Council members will have the final say on the selection.

Councilman Miranda states that he was elected to serve on the Council and he will sit on the Committee and he will vote.  He asks Mr. Conley if he has the right to sit on the Committee.  Mr. Conley responds that Mr. Miranda does have that right.  Mr. Miranda says he wants the City Clerk to notify him when a meeting will take place.

Councilman Rogers asks Mr. Conley if the Council has the right to vote on Committees or would just the Committee members have the right to vote.  Mr. Conley reviews his report on best practices to the Council.  He says the Council can conduct the recruitment itself, have an outside party conduct the recruiting, or conduct the recruitment with the help from outside.  He says a sub-committee acts as an arm of the City Council and the method is to create efficiency and accountability.

Mayor Grant says he believes it is the Council’s responsibility and that responsibility shouldn’t be taken away from the Council. 

Councilman Rogers states that no one is being shut out of the process, that the Council has the final say. 

Unanimous consent is given to three members of the public wishing to speak.

John Conley states that the City Council is charged with the responsibility of appointing the City Manager.  He says that Department Heads are employees and should not be part of the process.  He also states that this will be the most important job that all Council members will have and if they opt out, they will be doing a disservice. 

Peter Midgley addresses the Council and states that the Charter says it is the responsibility of the Council and it is their job and responsibility to hire a City Manager and the Department Heads should not be involved.  He also asks the City Solicitor if the interviews have to be held in public, and Mr. Conley responds by saying that the Open Meetings provide that the hiring authorities can go into closed session to discuss the character and job performance, but other than that, the meeting has to be in open session.  

Maryann Matthews states that there is a provision in the Charter that says employees should not be involved in elections, etc.  She also says there should be a professional head-hunter on the committee.

Mr. Conley responds that the Charter says “employees in Administrative service of the City.”

Ms. Matthews also speaks about not being allowed to speak at an open Board Meeting, and Mr. Conley responds that there is a distinction between open meetings and public hearings.

Councilman Rogers asks that there be a motion to appoint the six-member committee.  Councilman Harrington says he has no problem giving his spot over to Councilman Miranda and says he is confident that the process will work.

Councilman Rogers makes a motion, which is seconded by Councilman Ramos, to amend the six-member committee and replace Councilman Harrington with Councilman Miranda. 

The Council enters into further discussion. Councilman Miranda asks if there is a problem if the Council visits the locations where the candidates live.  It is agreed that there will be no problem.

A roll call vote is taken on the motion:

The motion passes 4-1.

(By Councilman Isadore S. Ramos)

Discussion of Personnel Appointments

Councilman Ramos recommends that no top officials be hired until a new City Manager be hired.  He puts that in a motion, which is seconded by Councilman Rogers for discussion.

Mr. Conley says that Sec. 2-12 of the Charter prohibits the Council from taking part in any hiring or appointment of subordinates of the City Manager. 

After further discussion, the Council consents to Mr. Lemont’s request to speak.

Mr. Lemont asks for a hearing of the Personnel Hearing Board on the Khorasani matter and the Librarian appointment.    Mayor Grant asks Mr. Conley if the Council has the authority to ask a Board to convene.  Councilman Rogers says the Khorasani matter was a colossal waste of taxpayer money and does not thing any more time should be spent on it.

Mr. Conley informs the Council that one of the duties of the Personnel Hearing Board is to make such special reports as are necessary to the City Manager and City Council, and he says the City Council could request it under that section of the ordinance. 

Councilman Harrington says he is reticent to do anything the City doesn’t have to do.  He says Mr. Lemont is his City Manager until April 30, 2003 and he should take care of every appointment that comes his way until then.  He says he hopes that Mr. Lemont will focus what time he has in running the City and planning for his own future. 

Councilman Ramos makes a motion, which is seconded by Councilman Rogers, to put a hold on any new appointments of top officials until a new City Manager is hired.  After discussion, Councilman Ramos withdraws the motion.

Mayor Grant asks for a motion to request the Personnel Hearing Board to make a special report on the Khorasani matter and the Librarian appointment. 

Mr. Conley states that the Personnel Hearing Board is appointed by the Council and the Council can request them to make a special report.  He says that this does not preclude the City Manager from requesting the report. 

APPOINTMENTS

(By Mayor Rolland R. Grant)

Carousel Park Commission

(R)       Marge Babbitt  90 Forbes Street (02914) (Ward 3)

On motion of Councilman Miranda, seconded by Councilman Rogers, it is unanimously voted to approve.

(1)               David Spremulli            52 Farnum Street (02914)(Ward 3)

On motion of Councilman Miranda, seconded by Councilman Harrington, it is unanimously voted to approve.

(1)               Lisa Larisa                    77 Argyle Avenue (02915)(Mayor)

On motion of Councilman Harrington, seconded by Councilman Rogers, it is unanimously voted to approve.                                   

(Requested by Councilman Isadore S. Ramos)

Minimum Property Standards Board of Review

Donald Turner  190 Grosvenor Avenue (02914)

On motion of Councilman Miranda, seconded by Councilman Harrington, it is unanimously voted to approve.

There being no further business, the meeting adjourns at 11:22 p.m.

Attest:

________________________

Valerie A. Perry, CMC

City Clerk                                           

Adopted:    March 18, 2003