CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
Tuesday, February 15, 2011
6:45pm Executive Session
7:30 PM Regular Council Meeting
7:30 PM Meeting called to order on February 15, 2011 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 | |
1. Motion To: to keep the minutes of Executive Session sealed.
RESULT: APPROVED [UNANIMOUS]
MOVER: Thomas Rose Jr., Assistant Mayor
SECONDER: Katie Kleyla, Councilwoman
AYES: Rogers, Kleyla, Rose Jr., DiGioia, Conley Jr
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: Thomas Rose Jr., Assistant Mayor
SECONDER: Katie Kleyla, Councilwoman
AYES: Rogers, Kleyla, Rose Jr., DiGioia, Conley Jr
1. RIDEM Office of Water Resources public notice of proposed permit action for the Bristol Wastewater Treatment Facility, Plant Avenue, Bristol, RI 02809.
2. Coastal Resources Management Council, Semi-Monthly Meeting, Tuesday, February 8, 2011, Conference Room A, Administration Building, One Capitol Hill, Providence, RI 02903.
3. Resolutions from the Town Council of Burrillville regarding; support of Extended Producer Responsibility, in support of consideration of a Rhode Island National Guard Regional Training Institute Relocation Proposal, support for General Assembly Bills S0050, S0051 and H5137 relating to other post employment benefits -OPEB Trusts, in opposition of H0052 regarding an audit of accounts and installation of systems relating to towns and cities, in opposition to H5103 an act relating to health and safety - programs for Fire Departments , and supporting amendment to RI General Laws 33-21.1-14.1 property held by Police Departments.
4. Notice of New Property Number, East Providence Water Department, 98 Clyde Avenue, Map 408, Block 02, Parcel 001.00, Zoning 01 - ZZ Water Towers.
5. Notice of New Property Number, Costa Development, 6 Amber Avenue, Map 404, Block 23, Parcel 018.10, Zoning R4 area 25,343.
6. Notice of New Property Number, Mr. Paul G. Bettencourt, 197 Warren Avenue, Map 106, Block 29, Parcel 008.00, Zoning C2.
| Year | |
| 2010 | $152.48 |
| 2009 | $322.40 |
| 2008 | $17.80 |
| Total | $492.68 |
| Year | |
| 2010 | $12,293.81 |
| 2010 | $14,274.14 |
| Total | $26,567.95 |
4. Council Journals
Council Journal December 21, 2010
1. Proclamations presented to newly appointed Captains for the East Providence Police Department (by Mayor Rogers).
The Mayor asked that this item be deferred.
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.
The following people signed up to speak:
1. Ken Foley owner of Pond View
2. James Briden re: opposition to TLA/Pond View
3. Ken Schneider East Providence Coalition re: opposition to TLA/Pond View
4. Tom Riley re: Snow Removal
5. Val Lawson re: compliments on the new public comment portion of the docket.
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: East Providence Public Library Trustees (by Assistant Mayor Rose)
COMMENTS - Current Meeting:
Paulo Silva, 150 S. Rose Street (02914)
RESULT: APPROVED [UNANIMOUS]
MOVER: Katie Kleyla, Councilwoman
SECONDER: Thomas Rose Jr., Assistant Mayor
AYES: Rogers, Kleyla, Rose Jr., DiGioia, Conley Jr
2. The Mayor asks for unanimous consent to move the Pond View Resolution up on the docket and this is granted unanimously.
3. The Mayor requests to return to the regular order of business and this is unanimously granted.
1. Matching Funds for FEMA Grant
The City Manager stated that the Law Department and the City Manager do not wish to go forward with the grant. The reasoning is against the expansion of the number of fire fighters in the City and also that there is a grievance pending concerning the number of fire fighters. Additionally, it doesn't make sense to add fire fighters when the City is looking to decrease fire fighters.
Councilman Conley called a point of order as to the topic on the docket which is, the Matching Funds for the FEMA Grant.
The City Manager apologized for the confusion and asked the Fire Department to come up to testify regarding the grant.
Following the testimony the City Manager stated he needed to verify certain items with the Acting Finance Director to confirm their testimony and whether or not the City would be in agreement with the grant application.
2. Status of Pond View Litigation
The City Manager stated the item was already handled via the resolution.
1. Motion To: Handicap Parking Approval (by Director of Public Works Stephen Coutu)
COMMENTS - Current Meeting:
66 Larchmere Drive (in front of residence)
RESULT: APPROVED [UNANIMOUS]
MOVER: Katie Kleyla, Councilwoman
SECONDER: Thomas Rose Jr., Assistant Mayor
AYES: Rogers, Kleyla, Rose Jr., DiGioia, Conley Jr
1. Loan Scam Alert (by Mayor Rogers)
Copies were provided to the audience and people were instructed they could also contact the City Clerk for copies. The organization called Hardest Hit Fund RI which assists people who need help to obtain a loan modification from their lenders, help to make mortgage payments, unpaid property taxes or relocation options.
2. Consolidation/Movement of Municipal Court to City Hall. (by Mayor Rogers)
The Mayor asked the City Manager for a status report on the consolidation of Human Resources. The City Manager stated they were still working on this particularly dealing with union consolidation. He added in about three weeks there should be a report on this issue.
The Mayor requested reports on a bi-weekly basis via Council meetings and the City Manager stated he would provide these.
The Mayor stated the movement of Municipal Court as other boards and services should be consolidated to City Hall. There is no need for satellite buildings. He added that it might be possible to locate the Municipal Court to the City Clerk's Office. The Mayor spoke briefly about a program a company offers where they purchase old debt at a reduced cost, such as ticket fines which were unable to be collected, the company pays the funds up front and then the company works on collecting the funds not previously collected.
3. City Towing Service (by Mayor Rogers)
The City Manager stated he had reports from the Chief which needed to be reviewed and asked if this could be deferred to the next meeting. The Mayor asked the Clerk to place the item on the next docket with a vote regarding Towing Services and asked the City Manager to provide these reports to Council.
4. Needy Families (by Mayor Rogers)
The Mayor spoke about an elderly couple in the City in desperate need. He will be collecting food and funds for them and others as well as for the East Providence Food Bank via Elmer Pina. In addition, there will be a collection bin in the back of the Council Chambers for non perishable food items.
5. Search Committee Report (by Councilman DiGioia)
Councilman DiGioia announced two resignations which need to be replaced and asked if the docket could advance at this point to the next item which is the salary range for City Manager applicants.
6. Motion To: Salary Range for Search Committee to utilize in ads for City Manager. (by Councilman DiGioia)
COMMENTS - Current Meeting:
Debate ensued regarding the options for salary range with testimony from the Search Committee, Dr Ramos, Bill Murphy and Mary Scanlon the Director of Human Resources.
A salary range is needed to move forward with the advertisements for candidates.
A motion is made to have the salary range appear in the ads as $115,000-$130,000
RESULT: APPROVED [4 TO 1]
MOVER: Thomas Rose Jr., Assistant Mayor
SECONDER: Katie Kleyla, Councilwoman
AYES: Bruce Rogers, Katie Kleyla, Thomas Rose Jr., William Conley Jr
NAYS: Michael DiGioia
7. Motion To: Budget for Search Committee for placing ads for City Manager. (by Councilman DiGioia)
COMMENTS - Current Meeting:
A motion is made for the advertisement budget to be $6,000 as submitted to Council by the Search Committee.
RESULT: APPROVED [UNANIMOUS]
MOVER: Katie Kleyla, Councilwoman
SECONDER: Thomas Rose Jr., Assistant Mayor
AYES: Rogers, Kleyla, Rose Jr., DiGioia, Conley Jr
8. Work Session for City Manager Search Committee and Council. (by Councilman DiGioia)
This work session was scheduled for Monday, March 7, 2011 at 7:30 PM
9. Neighborhood Meeting to discuss Forbes Street Landfill Solar Project, Riverside Middle School, Monday, March 14, 2011 at 6:30PM (by Councilman DiGioia)
Councilman DiGioia invited anyone who would like to hear about the possible project to attend the meeting.
10. City Charter Section 2-12 (by Councilman Conley)
Councilman Conley requested to defer this item.
11. In the matter of Grievance Arbitration Between United Steelworkers, Local 15509 and Local 15509A and City of East Providence American Arbitration Association Case No.: 11 390 00368 10 (by Councilman Conley)
Councilman Conley stated that this was the recent arbitration award which was issued and he wanted to put it on the docket to make sure it didn't fall through the cracks. However, the City Manager has the item in Executive Session for later in the night and he will defer to that.
12. Deficit Reduction Plan (by Councilman Conley)
Councilman Conley stated that a letter was received from the Auditor General as a follow up to a November 19, 2010 letter regarding the revised plan for a deficit reduction plan as submitted by the City. This is the most important financial issue confronting the Council and that he is disappointed that we have not acted with more speed and he hopes this letter will be a catalyst. Councilman Conley discussed several suggestions on how to go forward with a plan.
The City Manager informed the Council that Jim McDonald the former Finance Director would be returning from retirement for a limited number of hours each week to assist as the Acting Finance Director is out sick.
Councilman Conley asked for numbers to come back to Council as quickly as possible and the Mayor agreed and asked that they have them in two weeks time.
13. Unanimous Consent is requested by Councilwoman Kleyla for two items and it is granted.
1. Fundraiser for Scout Lyons, a Pasta Dinner on Friday 3/4/11 6:00PM-8:00PM at the East Providence High School
2. Change in Councilwoman Kleyla's Office Hours to Wednesdays from 9:00AM-10:30AM
All resolutions will appear on docket with the name of the resolution's sponsor.
1. Motion To: RESOLUTION REQUESTING THE ASSISTANCE OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FOR THE ENFORCEMENT OF ENVIRONMENTAL REGULATIONS WITH REGARD TO THE OPERATION OF THE TLA / PONDVIEWFACILITY LOCATED IN EAST PROVIDENCE (this item was passed as amended see below)
COMMENTS - Current Meeting:
WHEREAS, the Rhode Island Department of Environmental Management has ignored the concerns and complaints of the citizens of the City of East Providence regarding the operation of the TLA / Pondview facility; and
WHEREAS, the Department of Environmental Management has ignored the order of the Rhode Island Supreme Court to commence Administrative Adjudicative proceedings on the issuance of its permit allowing TLA / Pondview to operate at a five hundred (500) ton per day capacity; and
WHEREAS, the City of East Providence has been forced to bring a lawsuit against the Department of Environmental Management due to its failure to meet its obligation to protect our citizens from the environmental hazards caused by the operation of the TLA / Pondview facility; and
WHEREAS, the United States Environmental Protection Agency is charged with the responsibility of enforcing environmental regulations throughout our country and where it has now become necessary to implore the Unites States Environmental Protection Agency to enforce its environmental regulations in the City of East Providence due to the failure of the Rhode Island Department of Environmental Management to do so; and
WHEREAS, the City Council for the City of East Providence is desirous of requesting the assistance of its United States Congressional Delegation, the Honorable United States Senator Jack Reed, the Honorable United States Senator Sheldon Whitehouse, and the Honorable United States Congressman David Cicilline to secure the assistance of the United States Environmental Protection Agency in the enforcement of its regulations related to the operation of the TLA / Pondview facility in the City of East Providence; and
WHEREAS, the City Council for the City of East Providence is desirous of directly requesting the assistance of the United States Environmental Protection Agency for the enforcement of its regulations in regard to the operation of the TLA / Pondview facility; and
NOW, THEREFORE, BE IT RESOLVED that this Resolution requesting the assistance of the United States Environmental Protection Agency for the enforcement of its regulations in regard to the operation of the TLA / Pondview facility be forwarded to Lisa P. Jackson, Administrator for the Environmental Protection Agency at the Ariel Rios Building 1200 Pennsylvania Avenue, N. W. Washington, DC 20460 and Curt Spalding, Administrator for the Environmental Protection Agency at 5 Post Office Square Suite 100 Boston, MA 02109, the Honorable United States Senator Jack Reed, the Honorable United States Senator Sheldon Whitehouse, and the Honorable United States Congressman David Cicilline.
This Resolution shall become effective upon its passage.
Requested By: Councilman Conley
The Resolution passed as amended by Assistant Solicitor DiCenso adding what was reflected at the meeting on Friday and to reflect that the meeting did take place.
Following the vote the City Manager asked that Robin Main come up to the podium to speak she was the attorney at the Friday meeting and is the Attorney for the City and the Waterfront Commission she provided an overview of the meeting and gave a brief description of the TLA/Pond View situation.
RESULT: APPROVED [4 TO 1]
MOVER: William Conley Jr, Councilman
SECONDER: Michael DiGioia, Councilman
AYES: Bruce Rogers, Katie Kleyla, Michael DiGioia, William Conley Jr
NAYS: Thomas Rose Jr.
All ordinances will appear on docket with the name of the ordinance's sponsor.
1. Motion To: An ordinance regarding removal of snow and ice.
COMMENTS - Current Meeting:
AN ORDINANCE IN AMENDMENT OF CHAPTER 14 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED"STREETS AND SIDEWALKS".
SECTION I. Sec. 14-40 entitled “Removal of snow” of Chapter 14 entitled “Streets and Sidewalks” of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, is amended to read as follows:
Sec. 14-40. Removal of snow and ice.
(a) Definitions. For the purpose of this section, the following definitions shall apply:
(1) Sidewalk means any portion of the sidewalk area which has been made smooth or improved by the application of cement, concrete, asphalt, brick, or other substance or compacted and made smooth.
(2) Sidewalk area means that portion of the street between the property line and the curbline of the street which is set aside, laid out, or used for pedestrian traffic.
(b) Removal of snow and ice required.
The owner, occupant or any person having the care of any building or lot of land bordering on any street, highway, square or public place within the city where there is a sidewalk supported by a curbstone shall, within the first four hours of daylight after the ceasing to fall of any snow has ceased to fall, cause such snow to be removed shall remove the snow and ice from said sidewalk. For every hour after the expiration of the specified four hours that the snow shall remain on such sidewalk, such owner, occupant or other person shall pay a fine of not less than $1.00 nor more than $10.00. This section shall also apply to the falling of snow from any building.
(c) Snow and ice removed from a sidewalk shall not be thrown or deposited on any street or any property of another property owner.
(d) All violations of this section shall be subject to a fine of $25.00 for a first offense, a fine of $50.00 for a second offense, and a fine of $100.00 for a third and subsequent offenses.
SECTION II. Sec. 14-41 entitled “Removal of ice” of Chapter 14 entitled “Streets and Sidewalks” of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, is deleted in its entirety and replaced with the following:
Sec. 14-41. Removal of ice. Power and authority of inspector and police department.
The sidewalk inspector and police department shall have the power and authority to enforce the provisions of Sec. 14-40.
Whenever the sidewalk or any part thereof adjoining any building or lot of land on any street, highway, square or public place shall be encumbered with ice, it shall be the duty of the owner, occupant or any person having the care of such building or lot to cause such sidewalk to be made safe and convenient by removing the ice therefrom or by covering the sidewalk with sand or some other suitable substance. If such owner or other person shall neglect to do so for the space of two hours during the daytime, he shall pay a fine of not less than $2.00 nor more than $10.00 and a like sum for every day thereafter that the ice shall continue to be an encumbrance.
SECTION III. 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
RESULT: APPROVED [4 TO 1]
MOVER: Katie Kleyla, Councilwoman
SECONDER: Thomas Rose Jr., Assistant Mayor
AYES: Bruce Rogers, Katie Kleyla, Thomas Rose Jr., William Conley Jr
NAYS: Michael DiGioia
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. Antonio J. Silva, 40 Richfield Avenue (02914) requesting to address the Council regarding City Manager removal and the following points; 1. separation agreement 2. funds for new City Manager 3. the School Department deficit 4. raises given during the last City budget
2. James A. Briden, Esq., 17 Hollow Ridge Road (02916) requesting to address the Council regarding Pond View update.
James Briden had addressed what he needed during the earlier Public Comment portion of the docket.
3. Jennifer L. Wall Executive Director of the EPPC, East Providence Prevention Coalition requesting to address the Council with an update on the EPPC.
4. Anthony Ferreira, 44 Brightridge Avenue (02914) requesting to address the Council regarding clarification on the fines for the existing snow and ice ordinances 14-40 and 14-41 and snow removal at particular addresses which as of now are still not shoveled.
Mr. Ferreira asked about enforcement of the snow and ice ordinances and the Director of Public Works came to the podium to address the questions.
5. Frederick Rybka, 9 Cozzens Avenue (02915) requesting to address the Council regarding petition to make sidewalk shoveling mandatory so that is it safe for children and the elderly and would like to know what proposals Councilman DiGioia and Councilman Conley are recommending.
Councilman DiGioia was asked about his nay vote on snow removal and he explained that he felt it was a bad idea, that he has heard from his constituents, particularly the elderly and he feels additional fines and enforcement are not needed. He added that he felt community programs to assist people are needed not increased fines. Mr. Rybka stated he went around Riverside including Councilman DiGioia's neighbors and he said they all agreed and signed a petition which he brought around which he submitted to Council. He stated that there is an elderly person on Willet Avenue where Webster Bank is and Mr. Rybka shoveled his sidewalk personally and then went by Councilman DiGioi’s home and that his home had not been shoveled. Mr. Rybka presented photos to Council. Councilman DiGioia stated he felt this was completely inappropriate. The Mayor asked that the discussion not go back and forth and Mr. Rybka stepped down from the podium.
6. Motion To: A motion is made to go into Executive Session per section 42-46-5(a)(2)
RESULT: APPROVED [UNANIMOUS]
MOVER: Katie Kleyla, Councilwoman
SECONDER: Thomas Rose Jr., Assistant Mayor
AYES: Rogers, Kleyla, Rose Jr., DiGioia, Conley Jr
7. Motion To: A motion is made to seal the minutes from Executive Session
RESULT: APPROVED [UNANIMOUS]
MOVER: Katie Kleyla, Councilwoman
SECONDER: Thomas Rose Jr., Assistant Mayor
AYES: Rogers, Kleyla, Rose Jr., DiGioia, Conley Jr
1. Motion To: Motion to Adjourn at 11:49 PM
RESULT: APPROVED [UNANIMOUS]
MOVER: William Conley Jr, Councilman
SECONDER: Katie Kleyla, Councilwoman
AYES: Rogers, Kleyla, Rose Jr., DiGioia, Conley Jr
Approved By Council: April 19, 2011
Attest: _______________
City Clerk