CITY OF EAST PROVIDENCE   RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING Tuesday, December 7, 2010 6:45pm Executive Session 7:30 PM Regular Meeting

 

 

I.       CALL TO ORDER

7:30 PM Meeting called to order on December 7, 2010 at Council Chambers, City of East Providence, East Providence, RI.

 

Attendee Name	Title	Status	Arrived
Bruce Rogers	Mayor	Present
Katie Kleyla	Councilwoman	Present
Thomas Rose Jr.	Assistant Mayor	Present
Michael DiGioia	Councilman	Present
William Conley Jr	Councilman	Present

II.     INVOCATION

III.    SALUTE TO THE FLAG

IV.     THE CONSENT CALENDAR was approved minus the Council Journals which were continued to the December 21, 2010 docket.

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.

 

RESULT:            ADOPTED [UNANIMOUS]

MOVER:           William Conley Jr, Councilman

SECONDER:     Katie Kleyla, Councilwoman

AYES:             Rogers, Kleyla, Rose Jr., DiGioia, Conley Jr

A. Letters

December 2010 Calendar for Coastal Resources Management Council. 

B.  Council Journals

Special Council Meeting November 30, 2010

Organizational Meeting Council December 1, 2010

V.      APPOINTMENTS

All Council appointments will appear on docket under the heading Appointments, listing the committee the appointment is being made to, the name and address of the candidate, and the Council member nominating the candidate.

1.   Motion To:         Officer of the Municipal Court

COMMENTS - Current Meeting:

Officer of the Municipal Court

Joseph Connors, 65 Barney St (02916)

RESULT:            APPROVED [UNANIMOUS]

MOVER:           William Conley Jr, Councilman

SECONDER:     Katie Kleyla, Councilwoman

AYES:             Rogers, Kleyla, Rose Jr., DiGioia, Conley Jr

2.   Motion To:         Harbormaster

COMMENTS - Current Meeting:

Harbormaster

S Bruce Dufresne, 10 Lunn St (02915)

RESULT:            APPROVED [UNANIMOUS]

MOVER:           Katie Kleyla, Councilwoman

SECONDER:     Thomas Rose Jr., Assistant Mayor

AYES:             Rogers, Kleyla, Rose Jr., DiGioia, Conley Jr

3.   Motion To:         Municipal Court Bailiff

COMMENTS - Current Meeting:

Municipal Court Bailiff

John Medeiros 291 Grosvenor Ave (02914

RESULT:            APPROVED [UNANIMOUS]

MOVER:           Thomas Rose Jr., Assistant Mayor

SECONDER:     Katie Kleyla, Councilwoman

AYES:             Rogers, Kleyla, Rose Jr., DiGioia, Conley Jr

4.   Motion To:         City Sergeant

COMMENTS - Current Meeting:

City Sergeant

William Abbood 29 Martha Rd (02916)

RESULT:            APPROVED [UNANIMOUS]

MOVER:           William Conley Jr, Councilman

SECONDER:     Michael DiGioia, Councilman

AYES:             Rogers, Kleyla, Rose Jr., DiGioia, Conley Jr

5.   Motion To:         City Sergeant

COMMENTS - Current Meeting:

City Sergeant

Jason Medeiros 108 Hicks St (02914)

RESULT:            APPROVED [UNANIMOUS]

MOVER:           Thomas Rose Jr., Assistant Mayor

SECONDER:     Katie Kleyla, Councilwoman

AYES:             Rogers, Kleyla, Rose Jr., DiGioia, Conley Jr

6.   Motion To:         Assistant Solicitor

COMMENTS - Current Meeting:

Assistant Solicitor

Robert E. Craven 25 Highland Rd Saunderstown (02874)

Under discussion Councilman Conley objects to Bob Craven not being a qualified elector of the City of East Providence and quotes the Charter Section 2-17.  Councilman Conley states that merely placing the word Assistant in front of Solicitor does not make it right  not to follow the Charter.  They are treated as officers and are given an oath to be officers of the City and therefore 2-17 states they need to be a qualified elector of the City.  Councilman Conley requests a legal opinion before these positions are filled.

 

Councilwoman Kleyla reminds Council that this is a reappointment from the previous Council and it was never an issue before.

 

Councilman Conley upon a question from the Mayor states that although outside attorneys were used in the past they were never sworn in as Solicitors or Assistant Solicitors. 

 

The Mayor aks the Solicitor Orlando Andreoni for his opinion on this matter.  Solicitor Andreoni asks that he be appointed formally first. 

 

The Mayor moves for unanimous consent to suspend the motion which is on the floor to move forward to appoint the Solicitor.  Unanimous consent is granted. The Solicitor is appointed. 

 

The Solicitor states his opinion that the Assistant Solicitors are merely an adjunct of the Solicitors office that when this Charter was created there was no need for Assistant Solicitors in today’s time the Solicitor can't be everywhere and Assistant Solicitors can and should be appointed. 

 

Councilman Conley restated the question asking if it was the Solicitor’s opinion that Assistant Solicitors need not be qualified electors and does he have an objection to obtaining a legal opinion.

 

The Solicitor states yes to the first question and that he let the Council know that it is up to them on whether or not they want to go beyond the Solicitors response/opinion. 

 

Councilman Conley and DiGioia agreed to vote nay stating they have legal concerns and that it did not reflect the individual or their ability. 

RESULT:            APPROVED [3 TO 2]

MOVER:           Thomas Rose Jr., Assistant Mayor

SECONDER:     Katie Kleyla, Councilwoman

AYES:             Bruce Rogers, Katie Kleyla, Thomas Rose Jr.

NAYS:             Michael DiGioia, William Conley Jr

7.   Motion To:         Assistant Solicitor

COMMENTS - Current Meeting:

Assistant Solicitor

Gina DiCenso 45 Summit View Lane N Kingstown (02852)

 

Councilman Conley and Councilman DiGioia both voted Nay regarding the same legal reasons previously stated that it is not about the person or their abilities. 

RESULT:            APPROVED [3 TO 2]

MOVER:           Katie Kleyla, Councilwoman

SECONDER:     Thomas Rose Jr., Assistant Mayor

AYES:             Bruce Rogers, Katie Kleyla, Thomas Rose Jr.

NAYS:             Michael DiGioia, William Conley Jr

8.   Motion To:         City Clerk

COMMENTS - Current Meeting:

City Clerk

Kim Casci 1 Cedarwood Dr (02915

RESULT:            APPROVED [UNANIMOUS]

MOVER:           William Conley Jr, Councilman

SECONDER:     Katie Kleyla, Councilwoman

AYES:             Rogers, Kleyla, Rose Jr., DiGioia, Conley Jr

9.   Motion To:         Probate Court Judge

COMMENTS - Current Meeting:

Probate Court Judge

Christine Engustian 28 Commack Rd (02914)

RESULT:            APPROVED [UNANIMOUS]

MOVER:           William Conley Jr, Councilman

SECONDER:     Katie Kleyla, Councilwoman

AYES:             Rogers, Kleyla, Rose Jr., DiGioia, Conley Jr

10.      Motion To:    Municipal Court Judge

COMMENTS - Current Meeting:

Municipal Court Judge

Harry W. Asquith, Jr 49 Hoyt Ave (02916

RESULT:            APPROVED [UNANIMOUS]

MOVER:           William Conley Jr, Councilman

SECONDER:     Katie Kleyla, Councilwoman

AYES:             Rogers, Kleyla, Rose Jr., DiGioia, Conley Jr

11.      Motion To:    City Solicitor

COMMENTS - Current Meeting:

City Solicitor

Orlando Andreoni 854 Bullocks Point Ave (02915)

RESULT:            APPROVED [3 TO 2]

MOVER:           Katie Kleyla, Councilwoman

SECONDER:     Thomas Rose Jr., Assistant Mayor

AYES:             Bruce Rogers, Katie Kleyla, Thomas Rose Jr.

NAYS:             Michael DiGioia, William Conley Jr

12.      Motion To:    Sealer of Weights and Measures

COMMENTS - Current Meeting:

Sealer of Weights and Measures

Peter Bedrosian 98 James Street (02914)

RESULT:            APPROVED [UNANIMOUS]

MOVER:           Thomas Rose Jr., Assistant Mayor

SECONDER:     Katie Kleyla, Councilwoman

AYES:             Rogers, Kleyla, Rose Jr., DiGioia, Conley Jr

13.      Motion To:    Sealer of Weights and Measures

COMMENTS - Current Meeting:

Sealer of Weights and Measures

Manuel Ferreira Sealer of Weights and Measures 162 James Street (02914)

 

The City Clerk reads a resignation into the record for Manuel Ferreira.  Mayor Rogers states that it was regrettable and that he is a good member of the community and continues to help those who he comes into contact with and that he hopes that Mr. Ferreira did not submit this under pressure or for any other reason. 

 

The motion and second are withdrawn upon request of Mr. Ferreira. 

RESULT:            NOT APPROVED [UNANIMOUS]

MOVER:           Thomas Rose Jr., Assistant Mayor

SECONDER:     Katie Kleyla, Councilwoman

AYES:             Rogers, Kleyla, Rose Jr., DiGioia, Conley Jr

14. Unanimous Consent for Resolution number 2 regarding possible removal of City Manager Without Cause, at City Manager Browns request.  Unanimous Consent is grant.

1.   Motion To:         Motion to return to the regular order of business

RESULT:            APPROVED [UNANIMOUS]

MOVER:           Thomas Rose Jr., Assistant Mayor

SECONDER:     Katie Kleyla, Councilwoman

AYES:             Rogers, Kleyla, Rose Jr., DiGioia, Conley Jr

VI.     LICENSES (Requiring Public Hearing and Not Requiring Public Hearing)

1.   Motion To:         Wrecker/Towing

COMMENTS - Current Meeting:

A-1 Towing & Recovery, LLC, 5A Eastern Avenue (02914), John Edward Barbosa, 24 Maple Avenue, Swansea, MA 02777.

VII.   NEW BUSINESS

A. COUNCIL MEMBERS

1.   Appointees:  Job Descriptions, Badges and Contact Sheets (by Mayor Rogers

The Mayor requests the City Clerk prepare job descriptions, contact sheets and chain of command for each appointee and options regarding badges for each appointee. 

2.   Boards and Commissions:  Inactivity of Members (by Mayor Rogers)

The Mayor instructs the City Clerk to send a letter to the Chairs of each Commission regarding which members are inactive and/or have expired terms. 

3.   Canvassing Authority:  Board Members Terms (by Mayor Rogers)

The Mayor instructs the City Clerk to review the terms of the members of the Canvassing Board. 

4.   City Towing Services (by Mayor Rogers)

The Mayor requests through the City Manager a report regarding the tow list and those companies on the list that may have had complaints or issues. 

5.   Lame Ducks (by Mayor Rogers)

The Mayor refers to the Law Department for research regarding when is the earliest a newly elected Council member can be sworn in. 

6.   Time Clocks (by Mayor Rogers)

The Mayor refers the options of Time Clocks to the Law Department for legal review and to the IT Department for suggestions. 

7.   Thank You (by Councilwoman Kleyla)

Councilwoman Kleyla took a few moments to thank those that helped her over the last few months.  She also thanked the citizens of East Providence especially the residents of Ward 1 for giving her the opportunity to serve.  Councilwoman Kleyla added that she worked very hard and is not controlled by any special interest group and represents the citizens of East Providence.  She asked for a halt to any personal attacks on the Council and gave her support to Mayor Rogers who she is proud to support.  She further stated this Council was elected in part to end the bickering and she wants the Council to move forward and put their individual political agendas aside and work together to improve East Providence. 

8.   Comments and Legal Status of the following appointments (by Councilman Conley) - Councilman Conley passed on this item as it was covered under Appointments.

Joseph Connors 65 Barney St East Providence (02916) Officer of the Municipal Court

S Bruce Dufresne 10 Lunn St East Providence (02915) Harbormaster

John Medeiros 291 Grosvenor Ave East Providence (02914) Municipal Court Bailiff

William Abbood 29 Martha Rd East Providence (02916) City Sergeant

Jason Medeiros 108 Hicks St East Providence (02914) City Sergeant

Robert E. Craven 25 Highland Rd Saunderstown (02874) Assistant Solicitor

Gina DiCenso 45 Summit View Lane N Kingstown (02852) Assistant Solicitor

Kim Casci 1 Cedarwood Drive East Providence (02915) City Clerk

Christine Engustian 1 Grove Ave East Providence (02914) Probate Court Judge

Harry W. Asquith, Jr 49 Hoyt Ave East Providence (02916) Municipal Court Judge

Orlando Andreoni City Solicitor 854 Bullocks Pt Ave (02915)

Peter Bedrosian Sealer of Weights and Measures 98 James Street (02914)

Manuel Ferreira Sealer of Weights and Measures 162 James Street (02914)

9.   Orchestration v. Participation/Establishing goals and setting priorities for the City of East Providence (by Councilman Conley)

Councilman Conley stated he would like to echo a lot of the same statements which Councilwoman Kleyla outlined, particularly participation for all.  The Council needs to work together.  He felt reluctantly compelled to remove himself from what he thought were illegal votes.  He would like all to stay true to open government and looks forward to working with all members of the Council for the best interest of all the citizens of East Providence. 

B.  RESOLUTIONS

All resolutions will appear on docket with the name of the resolution's sponsor.

1.   EXECUTIVE SESSION

The City Council will meet in Executive Session for the purposes of discussing of discussing Employment Issues RI General Laws  42-46-4, 5-1

1.Discussion regarding the resolution authorizing the City Manager be notified the City Council is considering removal of him without cause. 

2.   Motion To:         AUTHORIZING THE CITY MANAGER BE NOTIFIED THE CITY COUNCIL IS CONSIDERING REMOVAL OF HIM WITHOUT CAUSE

COMMENTS - Current Meeting:

Be it resolved that the Mayor of the City of East Providence is authorized to advise the City Manager, Richard M. Brown, that the City Council is considering the removal of him as City Manager without cause and that he be placed on Administrative Leave with pay.  Further that an Acting City Manager be appointed. 

 

At this time Councilman DiGioia requests discussion and reads from Chapter 42-46-4 RI Open Meetings Laws for reasons meetings may be closed.  Councilman DiGioia then asked the question has Mr. Brown been provided written notice and where he would like the deliberation to take place.  Adding, if there was a letter please make it part of the record and if the City Manager could state how he would like to proceed. 

 

The City Clerk stated a letter did go out after the Council packets were delivered on Friday. 

 

The City Manager stated the letter was hand delivered on December 4th and that he responded to the Clerk on December 6th and that he preferred the action taken be done in public. 

 

The Clerk stated the letter would be made part of the record. 

 

As part of discussion on the motion, Councilman Conley spoke about section 2-11 of the Charter which governs the procedure of removal of the City Manager.  This resolution would constitute the initial or preliminary resolution and that it should state the reasons for the City Manager's removal and to comply it would be prudent to adopt some reasons as part of the resolution so that it is not subject to challenge later.  Would anyone on the Council consider amending the resolution now? 

 

The Mayor refers to Assistant Solicitor Craven to explain the City Manager's removal and Assistant Solicitor Craven states that the City Manager's contract governs certain rights, including his knowledge of this section of the Charter.  If it states he can be removed without cause then stating a cause would be contrary.  The severance pay states 3 months with cause, 6 months without cause. 

 

Councilman Conley quoted the Charter stating he did not say a cause had to stated, he doesn't want the Council to go to Court he wants the Council to stay out of court.  The Council shall by a majority vote of its members adopt a preliminary resolution stating the reasons for his removal. 

 

Solicitor Andreoni added that he spoke with Mr. Brown's attorney, Vincent Ragosta today and they have come to a resolution regarding his departure from the City and part of that is that he will assist in the transition and that this discussion is moot because they have come to terms. 

 

City Manager Brown stated his interests are best served by letting his attorney speak for him. 

 

City Manager Brown asked to make a couple of brief remarks before he takes his leave.  City Manager Brown spoke highly of his move to the City, regarding the location, the residents and the talented Department Heads.  He further spoke highly of those he was able to hire during his tenure.  He stated that all of the Department Heads will serve the City well.  Whatever concerns there have been between the new administration and the Council he hopes it ends when he walks out the door.  He thanked everyone for the privilege of serving at the City Manager. 

3.   Motion To:         Appointment of Interim City Manager Orlando Andreoni while a search is conducted for a new City Manager.

C.  COMMUNICATIONS

Any person who submits a communication to the Council and wishes to speak on it must indicate this in writing by completing a "Docket Request Form"

1.   Thomas C. Riley, 3620 Pawtucket Avenue (02915) requesting to address the Council regarding the conduct of the inauguration and misrepresentation made during same.

Thomas Riley spoke about the Ward 4 Councilman and the Councilman At Large leaving during the Inauguration and that he felt as a resident he had no representation at that meeting.  Thomas Riley stated that although he is speaking as a private citizen not a member of the Canvassing Board, he wanted people to know that as a member of the board he had to file a number of open meetings violation with the Attorney General's office and further stated when Councilman Conley was City Solicitor he would not address these issues.  He also added that nothing was done differently during this organizational meeting than had been done throughout the years Councilman Conley was Solicitor and added that he would hope to see better out of both of his representatives. 

2.   JoAnn Durfee, 14 Omega Way (02916) requesting to address the Council regarding TLA/Pond View to inform the City of neighborhood problems.  Would like to know the City Council’s position and solutions.

Ms. Durfee spoke specifically about the violations she feels are occuring from TLA/Pond View and that this business should never been allowed to operate in a residential area and that the Zoning Board and Council which voted for this never took this into consideration.  She added that she hoped that this Council would keep the resolutions and court case in place that had begun in October and would like to know where this Council stands on these issues.  Ms. Durfee left a set of picture of the area surrounding TLA/Pond View for the Council to view. 

3.   Stephen Durfee, 14 Omega Way (02916) requesting to address the Council regarding same topic already listed.

Mr. Durfee reiterated these concerns and added that he welcomed any of the Council members to come to his home and his neighborhood at any time so that he could show them the issues first hand. 

4.   Margaret Dooley, 74 Roger Williams Avenue (02916) requesting to address the Council regarding same topic already listed.

Ms. Dooley stating her family has lived in Phillipsdale for over 100 years and that she lives in one of the oldest houses in the City. She spoke in opposition to any expansion for TLA/Pond View listing her reasons concurring with those listed previously, noise, dust, odor and truck traffic.  She doesn't feel that those living around TLA/Pond View are receiving the same quality of life as the rest of the City.  She would like to know the current status of the court case.  She would like to know who to call to report issues as those she listed above.  

 

Assistant Solicitor Craven stated he did look at the case with Assistant Solicitor DiCenso and they plan to discuss this issue with the Attorney General's office within the next week and that they will soon be up to speed with the issues and able to report. 

 

Ms. Dooley asked if these updates could be posted on the website and Assistant Solicitor Craven acknowledged that they would be. 

 

Chief Tavares stated that he would continue to work on the truck traffic issue and continue to address those concerns and keep the Council updated. 

 

Assistant Solicitor Craven stated to contact the Building Official and the Zoning Official for noise and pollution complaints. 

 

Ms. Dooley stated that she felt the City would need to monitor these issues because she has been told they are very hard to determine. 

5.   Corliss Blanchard, 119 Roger Williams Avenue (02916) requesting to address the Council regarding same topic already listed.

Ms. Blanchard reiterated the same issues.  She further asked the Council for their positions regarding TLA/ Pond View.

 

Mayor Rogers stated that this was only his second meeting and that he had not yet been to the facility but that he would get all the updates and tour the facility as well as review the violations and the status of the lawsuit. 

 

Councilwoman Kleyla stated that she has set up a tour of the facility, December 14th at 11am and extended that to the Council and the public.  She added she is not versed regarding the litigation and that she lives there also and would not want to compromise her health or that of her family.  She added that she would like to set up a public meeting to inform the public of updates and answer any questions.  She also asked to set up a mailing list where anyone who wants to be notified of developments and updates can contact the Clerk's Office. 

 

Councilman DiGioia stated that he fully supports the residents that have come today, it is a serious matter, he plans on going on the tour and meeting the neighbors but would like them to know that he is inclined to be opposed to the expansion and in favor of the lawsuit. 

 

Councilman Conley stated that he in full support of the resolution opposing the expansion of TLA and that it expansion would be a blight upon that neighborhood.  It is his intention to bring the resolution back to reiterate the support.  He is in support of aggressively pursuing the lawsuit.  He will be asking the Council to aggressively pursue the lawsuit. 

 

Mayor Rogers asked that the communications be more specific, such as supporting a resolution, so that the Council can study it and respond a bit better next time. 

6.   Al Pallotta, 42 Roger Williams Avenue (02916) requesting to address the Council regarding same topic already listed.

Mr. Pallota concurred that Pond View is becoming a nuisance and it's to the point where they can't even have a cookout in their backyard.  This debris blows out all over the City and Pawtucket. That he has developed a continuous sinus infection.  This infection only clears up when he goes on vacation. 

7.   Rosemary Cluley, 6 Wilson Avenue (02916) requesting to address the Council regarding same topic already listed.

George Cluley spoke on behalf of his wife, reiterating the same complaints and adding that they have written to DEM and Senator Reed.  Director Sullivan of DEM stated that they cannot address the noise and truck traffic and doesn't know why the City would have placed this facility in a residential area.

 

Mayor Rogers asked if Pond View has increased in damage or has it always been a problem. 

 

Mr. Cluley said it was always a problem but has increased.  

8.   Tony Ormonde, 15 Omega Way (02916) requesting to address the Council regarding same topic already listed.

Mr. Ormonde spoke regarding a meeting held at Weaver Library where 200 residents spoke in opposition to the expansion and asked the Council to consider this serious matter. 

 

Mayor Rogers asked if TLA was there and asked if they gave any solutions. 

 

Mr. Ormonde responded they were present but did not offer any solutions.  He asked for updates and the Mayor said absolutely and to leave your email with the City Clerk. 

9.   Ken Schneider, 33 Edward Avenue (02916) requesting to address the Council regarding same topic already listed.

Mr. Schneider gave a history, testifying that from the beginning the neighbors objected and asked Zoning not to grant the license.  They promised to sell the neighbors mulch but never could because of too many contaminants.  He reiterated the same complaints already listed.  He added that Director Sullivan, DEM, did state that the overall operation is improperly sited and is a commercial use in a residential setting.  Please continue with Save the Bay, the EP Waterfront Commission, the Audubon Society and the Attorney General's Office to fight this expansion.  Where do all the Council members stand on this?

 

Mayor Rogers asked Mr. Schneider to read the quote from Director Sullivan again.  The Mayor asked if there were any violations from DEM. Mr. Schneider stated he did not know adding their complaints have fallen on deaf ears.

 

Assistant Solicitor Craven stated he was not aware of any but could not speak definitively. 

 

Mr. Schneider stated that the meetings were not set up to hear a response from DEM only to compile the information and then respond at one time they have stated they would make a decision at the end of February. 

 

Mayor Rogers stated that he has had some conversations with Mr. Walsh stating that he has made statements that he would like to work with the neighbors.

Mayor Rogers also said that they could also conduct an improptu visit with Pond View as well.  Mayor Rogers also asked the Chief of Police for more information regarding a traffic report and a tonnage report.  The Chief indicated they do and they will continue to do so.

VIII.  ADJOURNMENT

1.   Motion To:         A motion to adjourn is made at 9:56PM

RESULT:            APPROVED [UNANIMOUS]

MOVER:           Thomas Rose Jr., Assistant Mayor

SECONDER:     Michael DiGioia, Councilman

AYES:             Rogers, Kleyla, Rose Jr., DiGioia, Conley Jr

 

Approved By Council:  February 7, 2011

 

Attest:  _______________

                    City Clerk