CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING Tuesday, April 19, 2011 6:45pm Executive Session 7:30 PM Regular Council Meeting

 

 

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.  Potential Litigation

1.   Ocean State Towing – set date to reschedule Show Cause Hearing

C. IAFF Contract Negotiations

I.       CALL TO ORDER

II.     INVOCATION

III.    SALUTE TO THE FLAG

IV.     Motion To:  Motion to return from Executive Session and to keep the minutes of Executive Session sealed.

RESULT:          APPROVED [UNANIMOUS]

MOVER:           Katie Kleyla, Councilwoman

SECONDER:    Thomas Rose Jr., Assistant Mayor

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

V.      TO APPROVE THE CONSENT CALENDAR

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.

A.  Letters

1.   Resolution from the Newport City Council opposing binding arbitration for school teachers and school employees. 

2.   Resolutions from the Town of North Smithfield opposing binding arbitration for school teachers and school employees.

3.   Resolution from the School Committee of Exeter-West Greenwich opposing binding arbitration for school teachers and school employees. 

4.   Resolution from the Town of Jamestown supporting legislation initiative  to amend RIGL 17-11-1“An Act Relating to Elections – Voting Districts and Officials”

5.   Resolution from the Town of Jamestown supporting amending RIGL 16-7-44 school housing project costs.

6.   Resolution from the Town of Jamestown in opposition to H5961 regarding School Employee Arbitration.

7.   Resolution from the Town of Glocester supporting RIGL 16-7-23 to prevent a Regional School District from presenting and overall budget that reflects prior year(s) debt service which is no longer occurring. 

8.   Resolution from the Town of Little Compton supporting legislation to adopt an earlier time for the closure of polling places. 

9.   Resolution from the Smithfield School Committee opposing binding arbitration for school teachers and school employees. 

10. Resolution from the Town of Little Compton supporting H5804 allowing a single polling place to serve up to 4000 voters.

11. Resolution from the Town of Little Compton supporting RIGL 17-11-1 “An Act Relating to Elections – Voting Districts and Officials”. 

12. Resolution from East Greenwich Town Council supporting closing the polls at 8:00PM.

B.  Holiday Sales

Growers Edge, LLC, 155 Newport Avenue (02916)

C.  Motion To:      Motion to approve the Consent Calendar.

D.  Public Comment

All persons wishing to make public comment shall sign a public comment sheet stating their name, address, and the subject of their comments.  Said public comment sheet shall be available on a desk at the entrance of the City Hall Chambers no later than forty-five (45) minutes before the call to order of any regularly scheduled council meeting and shall be delivered by the City Clerk to the presiding officer no earlier than five (5) minutes before the call to order of the meeting.

1.      David Amaral – Frederick Vinhateiro Car Show not fair to Jarred Aaronson.

2.      James Briden – Pond View

3.      Candy Seel – Appointment of Robert Craven as Acting Assistant City Manager

4.      Ken Foley – Pond View

5.      Jim Miller – Rebuilding-Together Update

6.      Tom Riley – Same Sex Marriage

7.      Jo-Ann Durfee – TLA/Pond View

E.  APPOINTMENTS

F.   Motion To:      Historic District Commission-Reappointment (by Councilwoman Kleyla)

COMMENTS - Current Meeting:

Edna Anness, 403 Greenwood Avenue (02916)

G.  Motion To:      Historic District Commission-Reappointment (by Councilwoman Kleyla)

COMMENTS - Current Meeting:

Nancy Moore, 14 Josephine Avenue (02916)

H.  Motion To:      Historic District Commission-Reappointment

COMMENTS - Current Meeting:

David Kelleher, 36 Riverside Drive (02915)

I.    Motion To:      Beautification Committee-Reappointment (by Assistant Mayor Rose)

COMMENTS - Current Meeting:

Joseph Gibson, 12 Waterview Avenue (02915)

J.   Motion To:      Beautification Committee - Reappointment (by Assistant Mayor Rose

COMMENTS - Current Meeting:

Louise M. King, 35 Greenwich Avenue (02914)

K.  Motion To:      Beautification Committee - Reappointment (by Councilman DiGioia)

COMMENTS - Current Meeting:

George Page, 31 Forest Avenue (02915)

L.  Motion To:      Tree Warden – Reappointment (by Mayor Rogers)

COMMENTS - Current Meeting:

Michael Bartlett, Parks Department City of East Providence

VI.     Acting Assistant City Manager (by Mayor Rogers and Councilwoman Kleyla)

Robert Craven, 25 Highland Rd Saunderstown (02874)

RESOLVED, that Robert Craven, be appointed Acting Assistant City Manager to provide assistance to the Interim City Manager in the day to day operations of the City and to serve until a permanent City Manager is selected. 

This resolution was withdrawn, Robert Craven will assist the City Manager without title or increase in salary.

VII.   LICENSES REQUIRING PUBLIC HEARING

VIII.  Motion To:  B-Full Privilege

COMMENTS - Current Meeting:

Sao Miguel Eateries DBA Estrella do Mar, 736 North Broadway (02914), Carlos P. Andrade, 5 Fox Hollow Lane, Sheron, MA 02067.

IX.     Motion To:  Dance Entertainment

COMMENTS - Current Meeting:

Sao Miguel Eateries DBA Estrella do Mar, 736 North Broadway (02914), Carlos P. Andrade, 5 Fox Hollow Lane, Sheron, MA 02067.

The motion is stipulated as booked events only not to be operated as a dance club. 

X.      Motion To:  B-Full Privilege-Transfer

COMMENTS - Current Meeting:

Transfer from Bruno Foods, Inc., DBA Cattails City Grille to Vine Yard, LLC DBA Vine Yard East, 315 Waterman Avenue (02914), Jeffrey Boisseau, 37 Larchmere Drive (02916).

XI.     LICENSES NOT REQUIRING PUBLIC HEARING

XII.   Motion To:  Vict./Over 50

COMMENTS - Current Meeting:

Sao Miguel Eateries DBA Estrella do Mar, 736 North Broadway (02914), Carlos P. Andrade, 5 Fox Hollow Lane, Sheron, MA 02067.

XIII.  Motion To:  Vict./Over 50-Transfer

COMMENTS - Current Meeting:

Transfer from Bruno Foods, Inc., DBA Cattails City Grille to Vine Yard, LLC DBA Vine Yard East, 315 Waterman Avenue (02914), Jeffrey Boisseau, 37 Larchmere Drive (02916).

XIV.   Motion To:  Dance/Entertainment-Transfer

COMMENTS - Current Meeting:

Transfer from Bruno Foods, Inc., DBA Cattails City Grille to Vine Yard, LLC DBA Vine Yard East, 315 Waterman Avenue (02914), Jeffrey Boisseau, 37 Larchmere Drive (02916).

XV.    NEW BUSINESS

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

1.   Street Sweeping

2.   $10,000 Plow

3.   Sale of Surplus Vehicles

Mayor requests a report back to Council as the vehicles sell.

4.   Motion To:      Fire Department Safer Grant

COMMENTS - Current Meeting:

The motion is to approve the application for the Fire Department Safer Grant and that the ultimate implementation of the grant will be subject to negotiation of the terms and conditions of new hires which are subject to approval by the City Council

RESULT:          APPROVED [UNANIMOUS]

MOVER:           William Conley Jr, Councilman

SECONDER:    Katie Kleyla, Councilwoman

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

6.   78 Anthony Street

7.   Motion To:      Grove Avenue School

COMMENTS - Current Meeting:

The City Manager stated the City entered into a purchase and sales agreement with the closing taking place next week.  The Council will need to give unanimous consent passing a resolution authorizing him to sign whatever documents are necessary to complete the sale.

The Mayor stated a motion was in order to give the City Manager the authority to sign the sales agreement, the resolution, the deed and any and all other closing documents necessary to effectuate the sale of Grove Avenue School.  Thereafter a motion was made by Councilwoman Kleyla and seconded by Councilman Conley and on a roll call vote it was approved unanimously to give the City Manager the aforementioned authority.

Upon discussion unanimous consent was deemed not necessary, per legal Council, Assistant Solicitor Gina DiCenso, because the item is already noticed properly and a vote can be taken as the item is sufficient notice to then make a motion with respect to the City Manager's authority. 

8.   Motion To:      Bid Approval - Sidewalk Improvement Program

D.  Reports of Other City Officials

E.  Motion To:      Claims Committee Report (by Assistant Solicitor Gina DiCenso)

F.   Estate of William Sanford (by Solicitor Orlando Andreoni)

G.  Council Members

1.   State Street Neighborhood Reminder (by Mayor Rogers)

3.Providence Journal Mandatory Thursday Paper Delivery (by Mayor Rogers)

2.   Tax Assessment Mobil Oil (by Mayor Rogers)

3.   Providence Journal Mandatory Thursday Paper Delivery (by Mayor Rogers)

4.   East Providence Police Department Explorer Program (by Assistant Mayor Rose)

This item was deferred to the next Council meeting. 

5.   Business Friendly City (by Assistant Mayor Rose)

6.   Search Committee Report (by Councilman DiGioia)

7.   Deficit Elimination Committee Status Report (by Councilman Conley)

8.   Paperless Docket Update (by Councilwoman Kleyla)

9.   Meeting with Legislative Delegation (by Councilwoman Kleyla)

1.  Resolutions

1.   Motion To:      A Resolution Supporting S0151 and H5205 relating to Hattie Ide Chaffee Nursing Home.

COMMENTS - Current Meeting:

RESOLUTION IN SUPPORT OF LEGISLATION H-5205 AND S-0151 RELATING TO HATTIE IDE CHAFFEE NURSING HOME

WHEREAS, legislation was introduced on February 3, 2011 by Representatives DaSilva and Savage as bill 2011-H-5205 and by Senators DeVall and DaPonte as bill 2011-S 0151 entitled “AUTHORIZING HATTIE IDE CHAFFEE NURSING HOME TO RECEIVE,HOLD, TRANSMIT AND CONVEY REAL AND PERSONAL ESTATE TO AN AMOUNT NOT EXCEEDING TWENTY MILLION DOLLARS” which would allow this exemption from taxation to be retroactive through all preceding years.

NOW, THEREFORE, BE IT RESOLVED that the East Providence City Council hereby supports the above-mentioned legislation allowing this exemption from taxation.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the East Providence City Council hereby requests that the City Clerk send a copy of this Resolution to the Governor of the State of Rhode Island, the Lieutenant Governor of the State of Rhode Island, the President of the Rhode Island Senate, the Speaker of the Rhode Island House of Representatives, Representative Roberto DaSilva, Representative John A. Savage, Senator Daniel DaPonte and Senator Frank A. DeVall, Jr.

This resolution shall become effective upon its passage.

Requested By:  Mayor Rogers

Upon a vote Councilman Conley submitted a recusal form on the matter. 

RESULT:          APPROVED [4 TO 0]

MOVER:           Katie Kleyla, Councilwoman

SECONDER:    Michael DiGioia, Councilman

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

ABSTAIN:        William Conley Jr

2.  Introduction to Ordinances

1.   Motion To:      An ordinance regulating the sale of fireworks, the motion is to the item is deferred to the next Council meeting and sent to the legal department for review and to include the input of the Fire and Police Chief.

COMMENTS - Current Meeting:

AN ORDINANCE IN AMENDMENT OF CHAPTER 8 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED

“LICENSES AND BUSINESS REGULATIONS”

SECTION I.  Article II entitled “Miscellaneous Business and Occupational Licenses and Permits” of Chapter 8 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Licenses and Business Regulations” is amended by adding thereto the following:

Sec. 8-40.  Fireworks.

(a)  The sale and discharge of fireworks is governed by the provisions of Chapter 11-13 entitled “Explosives and Fireworks”, §11-13-1 Sale, use or possession of fireworks, §11-13-2 Limitation of prosecution - Fines, §11-13-3 Sale of fulminate cartridges or contrivances to minors, §11-13-4 Toy canes or devices for firing blanks, §11-13-5 Sale of blanks to minors, §11-13-6 Penalty for unlawful devices, §11-13-7 Unlawful firecrackers, §11-13-8 Delivery or transportation of unmarked explosives or inflammable substances, §23-28.11-3 Permits for storage, handling, transportation and display of display fireworks, serial consumer fireworks and pyrotechnics §23-28.11-4 Certificate of competency, and §23-28.11-5 Duration - Expiration - Renewal - Duplication of the General Laws of Rhode Island.  No provision for the regulation thereof is provided herein.  The manufacturer of fireworks is prohibited within the City.

(b)  Each applicant must provide the City with a binder of insurance as required by §23-28.11-3(d) in order to receive a permit.

(c)  Each applicant must provide the City with a Certificate of Competency as required by §23-28.11-4 in order to receive a permit.

(d)  The application for said permit will be for an annual permit, and the fee shall be fixed in the amount of $150.00 per year.

(e)  Each applicant shall complete an Application for Fireworks Permit which requires the signatures of both the Chief of Police and the Fire Chief, authorizing said permit.

(f)  Any person/entity violating the provisions of this section shall be fined not exceeding $500.00 for each offense, and/or possibly face being barred from obtaining any future fireworks permits in the City of East Providence.

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:  The Law Department

The item is deferred to the next Council meeting and sent to the legal department for review and to include the input of the Fire and Police Chief. 

3.  Communications

1.   Thomas Riley, 3620 Pawtucket Avenue (02915) requesting to address the Council regarding Councilman Conley and his legal strategy for eliminating Pond View from the City.

2.   Fredrick Vinhateiro, 78 Read Street (02915) requesting to address the Council regarding an 15th Annual Car Show closing Pawtucket Avenue from 3708-3730 on Sunday, May 29th from 10:00AM-3:00PM.

3.   Freddie Rybka, 9 Cozzens Avenue requesting to address the Council regarding dangerous sidewalks.  Director Steven Coutu came to the podium to address the issues. 

4.   Tony Ferreira, 44 Brightridge Avenue (02914) requesting to address the Council regarding graffiti.  Several sites were listed and it was requested that the City Grafitti Committee remove the graffiti from those sites. Mr. Ferreira said these were older graffiti markings and that the police were doing a good job of preventing new markings. 

XVI.   Adjournment

1.   Motion To:      Motion to adjourn.

RESULT:          APPROVED [UNANIMOUS]

MOVER:           Katie Kleyla, Councilwoman

SECONDER:    Thomas Rose Jr., Assistant Mayor

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

 

Approve By Council:  May 17, 2011

 

Attest:  _______________

                    City Clerk