CITY OF EAST PROVIDENCE

RHODE ISLAND

JOUNAL OF REGULAR COUNCIL MEETING

April 5, 2011

6:30 P.M. Executive Session

7:30 P.M. Open Session

 

I.                   EXECUTIVE SESSION

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

A.    Claims Committee

See concurrently posted Claims Committee Meeting Agenda.

 

B.     Update on Collective Bargaining Agreements

1.      IAFF Contract

 

C.    Litigation

1.      Steelworkers- Unfair Labor Practice Charge

II.                CALL TO ORDER

 

III.             INVOCATION

 

IV.             SALUTE TO THE FLAG

 

A motion to seal the executive session minutes is made by Councilwoman Kleyla, seconded by Councilman DiGioia and on a roll call vote it is unanimous. 

V.                TO APPROVE THE CONSENT CALENDAR

 

A.    Letters

1.   Coastal Resources Management Council Notice of Public Hearing, 6pm, Tuesday, April 12, 2011 Conference Room A, Administration Building, One Capitol Hill, Providence regarding Wastewater Collection and Treatment Systems Improvements. 

2.   Coastal Resources Management Council Revisions to the RI Coastal Resources Management Program/Ocean Special Area Management Plan (Ocean SAMP).

3.   Coastal Resources Management Council Public Notice consideration of application for American Lighthouse Foundation, Friends of Pomham Rock Light House, construct and maintain 3’x15’ ramp information to be received on or before April 13, 2011.

4.   Resolutions from the Town of Burrillville supporting: H5433 Relating to Education – Foundation Level School Support, H5455 Relating to Education – Certification of Personnel and H5461 Relating to Towns and Cities – General Powers. 

5.   Resolution from the Town of Jamestown supporting H5408 increasing the number of voters served at the same polling place. 

6.   Resolution from the Town of Jamestown supporting H5088 An Act Relating to Elections Elective Meetings – time of closing of polls. 

7.   Resolution from the Foster-Glocester Regional School Committee opposing Binding Arbitration for School Teachers and School Employees.

8.   Resolution from Middletown Council in support of H5088 An Act Relating to Elections Elective Meetings – time of closing of polls. 

 

B.     Cancellation/Abatements

Year

Amount

2009

$3,225.47

2008

$497.50

2007

$74.56

Total

$3,797.53

 

C.    Tax Board of Review

Year

Amount

2010    Real Estate

$193,708.55

Total

$193,708.55

 

D.    Council Journal February 7, 2011

 

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

 

VI.             Public Comment

1. Jim Briden, 17 Hollow Ridge Road (02916) - Pond View

2. Pastor Ernie Robillard, First Baptist Church, Rumford - Opposition to Resolution re: Civil Marriage Rights 

3. Ken Schneider, 33 Edward Avenue (02916) - Pond View

4. Jo-Ann Durfee, 14 Omega Way (02916) - Pond View

5. Corlis Blanchard, 119 Roger Williams Avenue (02916) - Pond View

6. Tyler Witheral, 32 Roger Williams Avenue (02916) - Pond View  

7. Joanne Ciosis, 239 Roger Williams Avenue (02916) - Opposition toResolution re: Civil Marriage Rights 

8. Elaine Layton, 54 Winthrope Street (02915) - Opposition to Resolution re: Civil Marriage Rights 

9. Diane Nelson, 169 Roger Williams Avenue (02916) - Opposition to Resolution re: Civil Marriage Rights 

The Mayor requests unanimous consent to move the two Communications up on the docket no objection is heard. 

F.  Communications

 

1.   Kevin Robinson from the K-Rob Foundation requesting to address the Council to bring about awareness on what the Foundation does and to announce an event entitled “The Ride with K-Rob/Family Fun Festival being held on May 21st at the Crescent Park Carousel.

 

Kevin is a champion BMX rider.  He wanted to help his home town so he formed the KROB Foundation to help underprivileged kids stay in athletics.  They have given back $15,000 so far for all sports and they helped the Mohawks go to Florida for their finals.  The Carousel has been donated for this event. The little festival planned has turned into a very large festival with over 60 vendors signed up and all kinds of activities for families. 

 

2.   Paul Carvalho, 341 Massasoit Avenue (02916) requesting to address the Council regarding purchasing City property which abuts his land, 0 Standish Avenue, Lot 305-6-005-10.

A motion to send this item to the Planning Board for review is made by Councilwoman Kleyla, seconded by Councilman Conley and on a roll call vote it is unanimous. 

 

Councilwoman Kleyla requests the Resolution in support of Civil Marriage Rights be moved up on the docket no objection is heard. 

1.  Resolution in Support of Civil Marriage Rights

WHEREAS, the State of Rhode Island founded as a beacon of religious tolerance and freedom, has long stood for fair and equal treatment and protection under the law for every citizen;

WHEREAS, we believe that a civil society guarantees to all of its citizens certain civil rights, as set out in the United States Constitution, and civil marriage is one of these fundamental rights;

WHEREAS, each and every adult in Rhode Island, regardless of socioeconomic status, race, ethnicity, religion, gender identity or sexual orientation, deserves the opportunity to attain the legal protections, rights and responsibilities gained through civil marriage;

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of East Providence supports the passage of Marriage Equality legislation (House Bill 5012 and Senate Bill 0029).

BE IT FURTHER RESOLVED that the City Council of the City of East Providence encourages Governor Lincoln Chafee, Speaker of the House Gordon Fox, Senate President M. Teresa Paiva-Weed and the members of the Rhode Island General Assembly to act with haste to right this wrong and pass Marriage Equality legislation in the 2011 session of the legislature, to the end of respecting and protecting all Rhode Island families.

Requested by: Councilwoman Kleyla

A motion to table the resolution to allow for more notice for communications is made by Councilwoman Kleyla, seconded by Assistant Mayor Rose and the motion passes 3-2 with Councilman Conley and Councilman DiGioia voting Nay citing that the item was published on the docket and people are here today who have spoken on the issue.

 

A motion to return to the regular order of business is made by Councilwoman Kleyla, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous. 

 

VII.          APPOINTMENTS

 

A. Traffic Control  (by Mayor Rogers)

Raymond Coelho, 70 Empire Drive (02914)

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

 

VIII.       LICENSES REQUIRING PUBLIC HEARING

A. Class A Retail (Transfer)

Transfer from O’Dell Enterprises Inc. DBA Brookfield Liquors to Cozy Corporation DBA Brookfield Liquors, 470 North Broadway (02914), Mruga Patel, 30 Esker Lane, Attleboro, MA 02703

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

 

IX.             LICENSES NOT REQUIRING PUBLIC HEARING

A. Vict/Not Over 25 (Transfer)

Four Corners Food Market, Inc. DBA Four Corners Food Mart, 327 Warren Avenue (02914), Maen Janoudi, 23 Garrity Street, Pawtucket (02861)

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

 

B. Holiday Sales (Transfer)

Four Corners Food Market, Inc. DBA Four Corners Food Mart, 327 Warren Avenue (02914), Maen Janoudi, 23 Garrity Street, Pawtucket (02861)

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

 

X.                ORDINANCES FINAL PASSAGE – PUBLIC HEARING

 

A.  An ordinance regarding no parking on a section of Summit Street. 

 

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:

Summit Street (east side) from Cross Street to a point 45 feet north

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

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

 

XI.             NEW BUSINESS

 

A.  City Managers Report (by Interim City Manager Orlando Andreoni)

1.  2011-2012 CDBG Proposed Budget

David Bachrach came to the podium and explained the CDBG funding and budget process.

 

Testifying in favor of funding their programs in the CDBG Proposed Budget:

1. Lori Hour representing United Methodist Elder Care 40 Irving Avenue

2. Ted Sterns resident of the facility

3. Annett Mizonni RI Philharmonic Orchestra and Music School 667 Waterman Avenue

4. Karen Donovan East Bay Center

5. Marge Paseoni Riverside Family Center

6. Betty DeCosta, Beverly Robello and Tom Moore Mauran Avenue Park, Tom Moore, 180 Mauran Avenue spoke for all three on this topic

7. Jolene Helmco Director of Literacy Volunteers for the East Bay

8. Lori Brown Day One Sexual Assault and Trauma Center

9. Stephanie McCaffrey East Bay Community Action Program Health Services

10. Erin Gilliot Executive Director East Providence Boys and Girls Club Safe Haven Out of School Program

11. Steven Hug Family Service of Rhode Island East Providence Office

12. Christine Santos the Domestic Violence Advocate for East Providence works directly with the East Providence Police Department

13. Audrey Field East Bay Foster Grandparent Program, 610 Waterman Avenue

14.  Anna Howes, 243 Crescent View Avenue East Providence Foster Grandparent

 

David Bachrach came back up to explain how the process proceeds going forward. 

 

2.  Closing on 78 Anthony Street

David Bachrach explained the property is an initiative developed to assist with the foreclosure situation in the State.  RI Housing came to the City with an opportunity of funding to acquire and renovate and offer back to a homebuyer via a lottery process, at an affordable price to a low to moderate income family.  RI Housing is refunded the monies through this process and anything over that may go into a future grant.  The process does not use any City funds. 

A motion to give the City Manager the authority to sign all closing documents needed is made by Councilwoman Kleyla, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.

 

The City Manager was granted unanimous consent to announce that on April 19, 2011 he would be placing the Safer Grant on the docket with a vote. 

 

B.  Reports of Other City Officials

1.  Claims Committee Report (by Assistant Solicitor Robert Craven)

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

                                    EAST PROVIDENCE CLAIMS COMMITTEE

                                              CLAIMS & LITIGATION REPORT

                                             APRIL 5, 2011; 6:30 P.M.; ROOM 101

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

                                                                 NEW CLAIMS

ANDREA R. ESCALERA                                                                                                   $100.00

RM No. 11-002, Claim No. 11-015

Claim for reimbursement of expenses incurred (medical insurance co-pay) due to a slip and fall on the walkway of the Riverside library.  See recommendation of the Director of Public Works.

Motion by:  Councilman Rose                                    Seconded by:  Councilman DiGioia

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

 

VOTE

MAYOR ROGERS

COUNCILMAN CONLEY

COUNCILMAN

DiGIOIA

COUNCILWOMAN

KLEYLA

COUNCILMAN

ROSE

Aye

Nay

 

 

 

 

 

Abstain

 

 

 

 

 

Absent

 

 

 

 

 

TERESA LOPES                                                                                                                  $275.00

RM No. 11-019, Claim No. 11-012

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

Motion by:  Councilwoman Kleyla                             Seconded by:  Councilman DiGioia

Motion:  Approve the claim in the amount of $275.00.

 

VOTE

MAYOR ROGERS

COUNCILMAN CONLEY

COUNCILMAN

DiGIOIA

COUNCILWOMAN

KLEYLA

COUNCILMAN

ROSE

Aye

Nay

 

 

 

 

 

Abstain

 

 

 

 

 

Absent

 

 

 

 

 

TIMOTHY NORTON                                                                                                             $84.92

RM No. 11-014, Claim No. 11-008

Claim for reimbursement of expenses incurred as a result of striking a pothole on North Broadway.  See recommendation of the Director of Public Works.

Motion by:  Councilman Conley                                 Seconded by:  Councilwoman Kleyla

Motion:  Approve the claim in the amount of $84.92.

 

VOTE

MAYOR ROGERS

COUNCILMAN CONLEY

COUNCILMAN

DiGIOIA

COUNCILWOMAN

KLEYLA

COUNCILMAN

ROSE

Aye

Nay

 

 

 

 

 

Abstain

 

 

 

 

 

Absent

 

 

 

 

 

THOMAS C. RILEY                                                                                                            $220.00

RM No. 11-021, Claim No. 11-014

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

Motion by:  Councilwoman Kleyla                             Seconded by:  Councilman Rose

Motion:  Approve the claim in the amount of $220.00.

 

VOTE

MAYOR ROGERS

COUNCILMAN CONLEY

COUNCILMAN

DiGIOIA

COUNCILWOMAN

KLEYLA

COUNCILMAN

ROSE

Aye

Nay

 

 

 

 

 

Abstain

 

 

 

 

 

Absent

 

 

 

 

 

SUSAN SILVIA                                                                                                                   $908.32

RM No. 11-003, Claim No. 11-020

Claim for property damage to vehicle involved in an accident with a rescue vehicle.

Motion by:  Councilwoman Kleyla                             Seconded by:  Councilman Rose

Motion:  Deny the claim.

 

VOTE

MAYOR ROGERS

COUNCILMAN CONLEY

COUNCILMAN

DiGIOIA

COUNCILWOMAN

KLEYLA

COUNCILMAN

ROSE

Aye

Nay

 

 

 

 

 

Abstain

 

 

 

 

 

Absent

 

 

 

 

 

 

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

 

2.  Update on the Waterfront Commission (by Interim Chair, Waterfront Commission William Fazioli)

An update on the work the Waterfront Commission has been doing was provided by the Interim Chair William Fazioli alongside the Director of Planning Jeanne Boyle.  A brief history was also provided as well as the recent highlights of their work.  A memo on these recent projects is provided in the Council Docket Packet. 

 

3.  Liaison from the Planning Department to Businesses (by Director of Planning Jeanne Boyle)

Director Boyle came to the podium to explain the process currently in place in the Planning Department which acts as the liaison.  Director Boyle introduced , James Moran who has been with the Planning Department for approximately 20 years as a Principal Planner and who serves as the liaison for the department.  Jim introduced himself and provided information on his job duties and the programs available.

 

4.  Omega Pond Fish Ladder, Proposed Temporary and Permanent Easements (by Director of Planning Jeanne Boyle)

Director Boyle provided a description of the Fish Ladder Project.  This is a set of easements for the fish passageway project.

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

 

5.  Update to the Wastewater Facilities Improvement Project (by Director of Public Works Steve Coutu)

Director Coutu provided an update on the project.  The City is about to commence with the improvement program.  Director Coutu provided the project background. This is to improve the water quality of cities and towns up and down the Bay. Historically there have been chronic issues with sewer overflows into the Bay, particularly Watchemoket Cove.  United Water won the RFP and provided a $52.5 million dollar project.  This is a 10 year agreement.  United Water Reps are present tonight.  The City is currently undergoing the permitting process. There will be a ground breaking in May.  New pumping stations, water main, reduced odor and new building design are among those items which will be forthcoming. 

D.     Council Members

 

            1. Tranquility Place (by Mayor Rogers)

Mayor Rogers stated that the architect Wil Gates would be providing a presentation and to explain where the project was in the process.  The boards and designs were presented.  Director Boyle spoke about possible funding to build the park. 

A motion was made to have the Planning Department work with the landscape architect to come up with a plan for development and funding by Councilwoman Kleyla, seconded by Assistant Mayor Rose and on a roll call vote it was unanimous. 

            2. TLA/Pond View (by Mayor Rogers)

Mayor Rogers read from an article stating that Pond View invited people to tour the facility.  He also announced that he would be walking the neighborhood to see firsthand what the residents have for dust, hear the traffic problems etc...to get an overview of the issues there.  He has asked that dust samples via the company that Pond View uses to test, test the dust to see if it is coming from the facility.  The Mayor asked any neighbors to bring forward any violations or issues they feel they have. 

 

            3. Tree Warden Department (by Mayor Rogers)

Mayor Rogers stated he would like an overview provided by the City Manager as to what a tree warden is required to do by law.  The City Manager explained the research he found, the State law which provides for it and the appointment process. 

Director Alba Curti was called to the podium to explain the position in further detail and explained that it was no extra cost to the City. 

 

4. Discussion of the State Street Neighborhood (by Mayor Rogers)

The Mayor stated that this area has been inundated with flooding over and over again.  Noting it doesn't even need to have a heavy rain fall.  This has been going on for many, many years.  There may be some solutions to the problem.  He announced he will be walking the neighborhood on April 23rd with a petition asking the neighbors to sign the petition in support of possible solutions.  The Mayor read from a letter that approximately 3 acres of land belonging to Mr. Robert Pesce, to be donated and excavated at his expense, for use as a retention pond as a measure of good faith and to help the neighbors.   He stated the RI Department of Administration has some funding available and it has been requested via CDBG appropriations as well as a FEMA Grant for the Warren Avenue Culvert.  The Mayor called Director Boyle to come up to explain.  The Mayor also indicated that he would go to the Congressional Delegation for support of these grants. 

 

            5. Street Sweeping (by Mayor Rogers)

The Mayor stated that we need to sweep the streets more regularly and wants to make sure it gets done and has asked the City Manager to put a program together.  The City Manger stated he is working with the Public Works Director on a plan so that it won't interfere with traffic.  He will have the plan for the next meeting.

A motion to endorse the program to clean up the streets from the winter storms is made by Assistant Mayor Rose, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous. 

 

            6. $10,000 Plow (by Mayor Rogers)

Mayor Rogers asked if the new plow is being used.  Director Coutu came to the podium and stated it is a push plow for large parking lots and they do use it.  It was only used once this year because it is meant for large snow storms. The plow is about 5 years old. The City Manager stated he would check with the Purchasing Agent regarding the value of the plow and the Sterling Truck which is also in questions and if it's worth it to keep them.  He will come back to the City Council with the recommendations.

 

            7. Sale of Surplus Vehicles (by Mayor Rogers)

The City Manager stated this was sent to the Purchasing Agent for a report and this will be provided to the Council next as he was out sick this past week.

 

            8. Library vs Big Three (by Mayor Rogers)

The Mayor passed on this item, to defer for now, as he has a meeting set with the Library Director. 

 

            9. John Rossi, 29 Woodbine Avenue to replace Paul Moura on the City Manager Search Committee (by Mayor Rogers)

This announcement was made by the Mayor and Mr. Rossi was introduced.

 

            10. Respect (by Assistant Mayor Rose)

Assistant Mayor Rose stated that this 7 letter word is very powerful.  Stating we all work for the taxpayers.  He has been told by residents that at times they have a tough time reaching employees and department heads.  He stated that some people come in at all different times. We need to give residents that respect they deserve as taxpayers. 

 

            11. City Streets, Sink Holes and Repaving (by Assistant Mayor Rose)

Assistant Mayor Rose stated that National Grid has been doing a lot of work in the City and they have been using cold patches.  Are they going to come back or are we on the hook to repave these areas. 

Director Coutu came to the podium to explain that National Grid or any other company is responsible and if there are problems to give the road information to him and he will follow up to make sure the company fixes the pot holes. 

 

            12. Consolidation, Department Heads and Taxpayers (by Assistant Mayor Rose)

Assistant Mayor Rose stated we had a work session between the City and School and we need to get our lists back to find savings.  We are looking for any wasteful spending and savings which can be identified.  We will be consolidating all departments to save money. 

 

            13. Federal, State and City Guidelines for Fire Restrictions on Businesses (by Assistant Mayor Rose)

Assistant Mayor Rose deferred this item for further information. 

 

            14. Search Committee Report (by Councilman DiGioia)

Councilman DiGioia stated there was a meeting tonight of the City Manager Search Committee which he could not attend as they are in the Council meeting.  He called Dr. Isadore Ramos the Chair of the Search Committee to provide an update. 

Dr. Ramos reported that resumes are being kept in the City Clerk's office.  There are currently 70.  The Committee reviewed the applications today just for meeting the general qualifications per the City Charter.  37 people have met the requirement.  At this point we will be looking at those 37 for content.  People have until April 15th to continue submitting their resumes.  After reviewing we will come back to Council to ask what the cut off is as to the number the Council wish to review. 

Councilman DiGioia asked Dr. Ramos to come back in two weeks at the next Council meeting with an update. 

 

            15. Forbes Street Solar Project (by Councilman DiGioia)

Councilman DiGioia states this past week the Governor held a press conference at the site of the former Land Fill. The Solar Project will receive a State Grant to help develop solar energy at the City's site.  It is expected to become the largest site in all of New England.  A few weeks back I held a community meeting concerning this project due to the fact that neighbors and constituents were concerned mostly about drainage issues.  There were a lot of questions but very few answers that evening.  Alternative energy is a great idea and vital to our future but until I received definitive answers that this will not affect or exacerbate the drainage issue I cannot accept it.  We are looking for answers from the City, engineers and the vendor on the record.   

Director Boyle and Director Coutu came to the podium to discuss keeping the water flowing in clogged drainage ditches, noting they are still studying the issue to confirm there will be no affects on the drainage, the funds received by the State will help complete the study to get those answers.  

 

            16. ERRP - Early Retiree Reinsurance Program (by Councilwoman Kleyla)

Councilwoman Kleyla stated she is happy to be in receipt of an item from HR regarding this program.  It is a retirement reimbursement program through Obama Care.  Basically, it is in the beginning stages but hopefully if we qualify there will be some money for reimbursements for what the City has to pay.  It can't be used as general revenue but it can be used to offset the increasing healthcare benefits.  Six cities and towns are taking advantage of the program at this point. 

 

            17. Pam Sherrill, 201 Don Avenue (02916) to replace Brian Coogan on the City Manager Search Committee (by Councilwoman Kleyla)

This announcement was made by Councilwoman Kleyla, Pam has been serving for about a month.  She is the Planning Director from the Town of Johnston.

 

            18. Request for Zoning Enforcement Action against TLA / Pond View (by Councilman Conley)

Councilman Conley stated we heard from neighbors earlier this evening  that it is the City's responsibility to enforce its zoning laws.  Back in 2006 when the City was confronting some of the zoning issues, at least in part, the argument of the facility was pre-empted by DEM.  We went to court on that issue and the court said no.  The court was clear what was covered by the zoning laws of the City.  It is important to understand what those issues are.  Most of the neighbors were there before Pond View and in any case expect to live next to law abiding neighbors.  The EP Zoning Board of Review granted a license for a limited metal recycling facility.  There were stipulations among those, that the grinding be limited to 150 tons per day, 8am-4pm Mon-Fri and 8am-12pm on Sat.  The variance had a reverter clause built into it stating that the variance shall expire and be null and void should the stipulations not be made in accordance with all applicable codes and regulations and specifically based upon a site plan submitted and presented as part of the application.  Councilman Conley then reviewed all the stipulations which Pond View has failed to comply with.  Listing such issues as if they are admitting to take in more tonnage than they can grind they are no longer a recycling facility but rather a solid waste transfer facility.  It is time that the City enforces the provisions of our Zoning Code.  Violation of such, means their variance becomes null and void.  Councilman Conley listed the various times over the years where it has been documented that they have not been in compliance.  The City should be in court filing for an injunction that the company has violated its 1998 variance.  Special Council should be contacted immediately to assist the Zoning Office. 

            19. Deficit Elimination - Time for Action Now (by Councilman Conley)

Councilman Conley stated we had a very productive meeting with the School Committee.  As stated earlier the major impediment to our development of the waterfront is our continuing deficit.  Right now our meeting has amounted to a lot of talk and not a lot of action.  I don't want to lose the momentum of the good ideas from that meeting.  We are getting to a critical time where if we don't put a deficit elimination plan into place it will be very difficult to put a meaningful budget into place.  This evening I am proposing a deficit elimination committee consisting of 8 members including two members of the Council and I am volunteering to be the Chair, it should include the City Manager and Jim McDonald though he is part time he is critical to its success, two members from the School Committee, the Superintendent and the Director of Finance, Mary King from the School Department.  We need to have Department Heads and others to be available to supply information.  We should begin as soon as possible and request the School Committee take this up at their next meeting.  The meetings would be held at night with a high level of urgency to get the job done.  The Committee should come back to the Council with a plan, which could be approved by the Auditor General. The plan would be brought back to Council in no later than 40 days from the inception of the Committee.  It will require very difficult political decisions, perhaps unpopular.  I offer to Chair the Committee because I am willing to make the difficult decisions whether politically popular decisions or not.   At the meeting we had showed that the School Committee and Council working together have the will to do that and I want to seize that opportunity. 

The City Manager spoke and addressed what he has been doing up until this point including a recent meeting with Jim McDonald, Mary King and Bond Counsel.  Noting this is the committee he put together.

 

Councilman Conley stated he is not convinced this will get us the results we need.  When we get to the point when we need the information and advice of bond counsel they will be contacted.  The committee you described is just not adequate to the task. 

 

Councilman Conley requests and makes a motion that the Council approve the creation of a Deficit Elimination Committee as he has outlined and that the School Committee join in with the Council at their next meeting. 

 

Assistant Mayor Rose asked can the City Manager's meeting group be combined with Councilman Conley's idea of a committee.

Mayor Rogers stated that his only reservation is that he is concerned because we gave the School Committee a month to bring their items to the table. 

Councilman Conley stated we are all busy and he understands but there just comes a point in time where you just have to say it's gone on long enough and we need to focus on this like a laser, we are just kicking the can down the road.  Consolidation issues will take that long but a plan can't wait for consolidation to resolve itself. 

Mayor Rogers stated any Council member can bring any deficit reduction item to the table at any time. 

Councilman Conley stated you can't just walk in with a deficit elimination plan.                                               

Councilwoman Kleyla asked to hear the motion again.

The Clerk read the motion.

Councilman DiGioia stated time is of the essence.  We need to do more than just talk about it. 

Councilwoman Kleyla states she doesn't see how a committee like this would be detrimental to the work to create a deficit elimination plan and any efforts to push this forward and any efforts to get those together with the institutional knowledge to get this done is a good idea. 

Assistant Mayor Rose stated perhaps they should just wait until the next combined meeting where items are being voted on in the next 7-10 days. 

Mayor Rogers stated if there is not a feasible solution after the next meeting then I have no problem with forming the committee.

Councilwoman Kleyla asked if Councilman Conley would have any issue with inviting members of both committees.  This issue is going around and around.  There is never going to be a meeting where everyone can attend.  Nothing is detrimental to the process adding whatever it takes is what we need to do. 

Councilman Conley stated he understands everyone's points, he feels however that this needs some direction.  The committee would follow the open meetings laws to hold the meetings.  If the committee were approved then he expects everyone to participate.  We need to stop kicking the can down the road and focus on the issue.

on a roll call vote the motion passes 3-2 with Assistant Mayor Rose and Mayor Rogers voting Nay.

 

D .Resolutions

 

2.  Resolution Adopting the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps for the City of East Providence, as Updated Through April 18, 2011

WHEREAS, the City of East Providence, along with the other 38 municipalities in Rhode Island, is enrolled in the National Flood Insurance Program with over 330 policies in effect in the City, and;

WHEREAS, the City must adopt certain floodplain management measures to retain program enrollment and ensure the continued availability of Federally-backed flood insurance for City residents, and;

WHEREAS, on January 20, 2009, the City Council approved amendments to the City’s floodplain management ordinance to bring it into compliance with Federal regulations, and;

WHEREAS, the map panels of the Providence County Flood Insurance Rate Maps that are wholly or partially within the City of East Providence, Community Number 445398, are panel numbers 0326, 0327, 0328, 0329, 0336, 0337, 0338, 0339, 0451 dated March 2, 2009, and panel numbers 0309 and 0317 dated April 18, 2011, along with the Providence County Map Index dated April 18, 2011, and;

WHEREAS, the adoption the City’s floodplain map panels by April 18, 2011 will assist in ensuring FEMA compliance and our continued participation in the National Flood Insurance Program;

NOW, THEREFORE, BE IT RESOLVED that the East Providence City Council hereby adopts the FEMA flood insurance rate map for the City of East Providence panels as listed above dated March 2, 2009 and April 18, 2011.

Requested by:  The Planning Director

A motion to approve the resolution is made by Councilman Conley, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous. 

 

XII.          ADJOURNMENT

A motion to adjourn is made by Councilwoman Kleyla, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous. 

 

 

Approved By Council:  October 2, 2012

 

Attest:  _______________

                 City Clerk

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