I.       EXECUTIVE SESSION

The City Council of the City of East Providence will meet in Executive Session to discuss Claims and Litigation pursuant to RI General Laws § 42-46-5 (a) (2)

A. Claims Committee

See concurrently posted Claims Committee Meeting Agenda.

B.  Approval of Interim City Manager Salary

II.     CALL TO ORDER

7:30 PM Meeting called to order on December 21, 2010 at Council Chambers, City of East Providence, East Providence, RI.

III.    INVOCATION

IV.     SALUTE TO THE FLAG

V.      Motion to approve the Consent Calendar minus the Council Journals.

The Consent Calendar was approved with the following amendments:

Councilman Conley asked for separate votes.

1. one on the Consent Calendar minus the two Council Journals

2. one on the Council Journal from November 30, 2010.

3. one on the Council Journal from December  1, 2010. 

1.   Letters

VI.     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:         Housing Authority (by Mayor Rogers)

COMMENTS - Current Meeting:

Maria Luci Stoddard, 5 Carolina Avenue (02915)

Assistant Solicitor Craven ruled that while a Council vote was not required the Mayor could call the roll.  Mayor Rogers called the roll.

2.   Motion To:         Police Pension Board Council Appointee (by Councilman Rose)

COMMENTS - Current Meeting:

Mayor Bruce Rogers

VII.   NEW BUSINESS

A. CITY MANAGERS REPORT (by Interim City Manager Orlando Andreoni)

B.  REPORTS OF OTHER CITY OFFICIALS

1.   1.Updates on Boards and Commissions, badges for city appointees, job descriptions city appointees and Canvassing Authority member terms (by City Clerk, Kim Casci)

City Clerk updated the Council on the status of the following:

1. all chairs of boards and commission received a letter asking them to contact the clerk's office so that the current member list could be adjusted and so that Council could receive an accurate list of available appointments

2. a copy of a sample badge was provided this badge can be created in house utilizing a badge machine located in the HR department

3. a letter is going out to all appointees regarding their job description and chain of command should they need to miss a scheduled meeting and this will be compiled for the Council

4. one of the Canvassing Authority appointments is incorrectly posted  a few years ago the appointment was actually an appointment to fill an expired term not a full new appointment, that appointment is Dot O'Gara and the appointment's expiration can be adjusted by a year to correct the mistake

C.  COUNCIL MEMBERS

1.   Comments regarding Mayor’s remarks.  (by Councilman DiGioia)

Councilman DiGioia addressed the recent remarks by Mayor Rogers, stating that he does not regret the vote but that he felt the Mayor's admissions took courage and that he felt it wrong to judge the a person's past misgivings forever and that everyone deserves a second chance.  Councilman DiGioia stated however if he does not agree with decisions going forward he will speak up.  

2.   Fall clean-up and storm catch basins. (by Councilman Rose)

Assistant Mayor Rose spoke about the street sweeper, other trucks and the sterling dump truck which are used to clear up the catch basins.  But that he notices that some catch basins are still clogged and as the snow melts this can be a problem.  The Public Works Director was not present and so the question on how often the streets are cleaned and how often the sterling dump truck is being used, was referred to the Director of Public Works for a report. 

3.   Sign-up sheet for receiving the Council dockets by email.  (by Councilman Rose)

Assistant Mayor Rose asked the Clerk to set up a sign up sheet for those who wish to receive emails regarding docket matters. 

4.   Council Office, file cabinets and keys.  (by Mayor Rogers)

Mayor Rogers announced the Council office would be open and all Council members were invited to utilize it and hold meetings there.  Mayor Rogers has decided to schedule open office hours with constituents and opens that suggestion up to the other Council members. 

5.   Unanimous Consent was granted for Councilman Conley’s two items as the Clerk mistakingly left them off the docket.

6.   Building a Foundation for the City’s Future. (by Councilman Conley) (item added 12/20/10)

Councilman Conley handed out his talking points related to this subject and they are part of the official record located in the clerk's office and on line on the City's website as an attachment to the docket.

7.   At Christmas Time (by Councilman Conley) (item added 12/20/10)

Councilman Conley spoke briefly and wished everyone a Merry Christmas.

D. RESOLUTIONS

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

E.  INTRODUCTION OF ORDINANCES

All ordinances will appear on docket with the name of the ordinance's sponsor.

1.   Motion To:         An ordinance amending the number of appointed members to The Affirmative Action Committee from six to nine.

COMMENTS - Current Meeting:

AN ORDINANCE IN AMENDMENT OF CHAPTER 11 OF THE

REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE,

RHODE ISLAND, 1998, AS AMENDED, ENTITLED PERSONNEL

          SECTION I.  Subsection (b) of Sec. 11-153 entitled The affirmative action committee. of Article IV entitled Affirmative Action Plan of Chapter 11 of the Revised Ordinances of the City of East Providence, Rhode Island 1998, as amended, entitled Personnel is amended to read as follows:

(b)      The committee shall consist of the three members of the personnel hearing board, as well as six nine appointed members of the citizenry, among whom shall be at least one woman and representatives of minority groups. These citizens shall serve after appointment by the city council for a period of two years. A member may be removed for cause upon a vote of the city council. The affirmative action committee shall elect two officers, a chair and vice-chair who shall serve in these positions for one year. The director of personnel and the affirmative action officer shall be ex officio members of this committee.

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

Requested by:  Affirmative Action Officer

2.   Motion To:         An ordinance repealing Chapter 15.

COMMENTS - Current Meeting:

AN ORDINANCE IN AMENDMENT OF CHAPTER 15 OF THE

REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE,

RHODE ISLAND, 1998, AS AMENDED, ENTITLED SUBDIVISIONS

SECTION I.  Chapter 15 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled Subdivisions is hereby repealed in its entirety.

NOTE:  In 1992, state law was changed to allow local planning boards to adopt or repeal and provide for the administration, interpretation and enforcement of land development and subdivision review regulations and was approved by the City Council by ordinance Chapter 386, Ordinance Book 12, Page 192 on November 21, 1995.  The bound East Providence Land Development and Subdivision Review Regulations on file in the Planning Department adopted on December 18, 1995 are the official subdivision and land development regulations of the City.  Rhode Island General Law  45-23-28 superseded all prior regulations upon adoption.

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

Requested by:  Law Department

Since Council had some questions a request was made by Councilman Conley that prior to second passage they receive a memo explaining the amendment. 

3.   Motion To:         An ordinance requiring a no parking sign on North Rose Street (east side), from the most southern end of North Rose Street, north for 15 feet.

COMMENTS - Current Meeting:

AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE

REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE,

RHODE ISLAND, 1998, AS AMENDED, ENTITLED

VEHICLES AND TRAFFIC

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

North Rose Street (east side), from the most southern end of North Rose Street, north for 15 feet

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

Requested by:  Mayor Rogers

4.   Motion To:         An ordinance regarding prohibition of animal confinement in motor vehicles.

COMMENTS - Current Meeting:

AN ORDINANCE IN AMENDMENT OF CHAPTER 3 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED ANIMALS

SECTION I.   Article I entitled In General of Chapter 3 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled Animals, is amended by adding thereto the following:

Section 3-29.  Animal confinement in motor vehicles prohibited.

(a)      No owner or person shall confine any animal in a motor vehicle in such a manner that places the animal in a life or health threatening situation by exposure to prolonged period of extreme heat or cold, without proper ventilation or other protection from such heat or cold.  In order to protect the health and safety of an animal, an animal control officer or law enforcement officer who has probable cause to believe that this Section is being violated shall have authority to enter such motor vehicle by any reasonable means under the circumstances after making a reasonable effort to locate the owner or other person responsible.

(b)      A law enforcement officer or animal control officer may take all steps that are reasonably necessary to remove an animal from a motor vehicle if the animal's safety, health or well-being appears to be in immediate danger from heat, cold or lack of adequate ventilation and the conditions could reasonably be expected to cause extreme suffering or death.

Nothing in this section shall prevent a law enforcement officer or animal control officer from removing an animal from a motor vehicle if the animal's safety appears to be in immediate danger from heat, cold, lack of adequate ventilation, lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal.

(c)      A law enforcement officer or animal control officer who removes an animal in accordance with this Section shall, in a secure and conspicuous location or within the motor vehicle, leave written notice bearing the officer's or agent's name and office and the address of the location where the animal may be claimed.  The owner may claim the animal only after payment of all charges that have accrued for the maintenance, care, medical treatment, and impoundment of the animal.

(d)      A law enforcement officer or animal control officer who removes an animal from a motor vehicle pursuant to this Section is immune from criminal or civil liability that might otherwise result from the removal.

(e)      Any animal control officer may issue the person(s) in violation of this Section a fine of $100.00 for a first violation, $200.00 and seizure of the animal for a second violation, and $400.00 and the seizure of the animal for the third violation.  Second and subsequent violations of this Section may be considered a violation of R.I.G.L.  4-1-2.

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

Requested by:  Councilman William J. Conley, Jr.

Mayor Rogers stated that this was just first passage and looked fine to him but asked that this item and other future ordinances and resolutions which Council would like placed on the docket first be reviewed by the Law Department. 

5.   Motion To:         An ordinance prohibiting devocalization in dogs or cats.

COMMENTS - Current Meeting:

AN ORDINANCE IN AMENDMENT OF CHAPTER 3 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED ANIMALS

SECTION I.   Article I entitled In General of Chapter 3 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled Animals, is amended by adding thereto the following:

          3-30.  Devocalization prohibited.

(a)      No person shall surgically debark or silence a dog or cat, or cause the surgical debarking or silencing of a dog or cat, unless a veterinarian licensed in the State of Rhode Island has filed a written certification with the City Animal Control Officer stating that the surgical debarking or silencing is medically necessary to treat or relieve an illness, disease, or injury, or correct a congenital abnormality that is causing or will cause the dog or cat medical harm or pain.

(b)      The written certification described in subsection (a) shall contain the date and description of the veterinarian's examination and evaluation of the dog or cat, a statement certifying that surgical debarking or silencing is medically necessary to treat or relieve an illness, disease, or injury, or correct a congenital abnormality that is causing or will cause the dog or cat harm or pain; any supporting diagnosis and findings, the name and current address and telephone number of the dog or cat's owner or keeper, and the name and current address and telephone number, State license number, and signature of the veterinarian.

(c)      No person except a veterinarian licensed in this State, using anesthesia, may surgically debark or silence a dog or cat.

(d)      Any person in violation of this Section shall be subject to the penalties in Section 1-16 of the Code of Ordinances.  The Municipal Court shall have jurisdiction to hear cases involving violations of this ordinance.  In addition to any other penalty provided by law, a person convicted under this Section may be barred from owning or possessing any animals, or living on the same property with someone who owns or possesses animals, for a period of time deemed appropriate by the court, and required to take humane education, pet ownership and dog training classes as ordered by the court.

(e)      Any person or business selling a dog or cat for profit shall disclose whether or not the dog or cat has been surgically debarked or silenced and provide the purchaser with a copy of the veterinarian certification required by subsection (a) above.

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

Requested by:  Councilman William J. Conley, Jr.

F.  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"

VIII.  ADJOURNMENT

1.   Motion To:         A motion to adjourn is made at 11:01 PM.

Approved By Council:   February 14, 2011

Attest:  ____________________

                     City Clerk