CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING Tuesday, January 4, 2011 6:45pm Executive Session 7:30 PM Regular Meeting

 

 

I.       CALL TO ORDER

7:30 PM Meeting called to order on January 4, 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

II.     INVOCATION

III.    SALUTE TO THE FLAG

IV.     Motion to approve the Consent Calendar minus the Council Rules of Procedure which will be sent back to legal for changes.

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 AS AMENDED [UNANIMOUS]

MOVER:           Katie Kleyla, Councilwoman

SECONDER:     William Conley Jr, Councilman

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

A. Letters

1.Resolution Newport Town Council in support of the return of the America’s Cup to the City of Newport. 

 

2.Coastal Resources Management Council Notice of Rescheduling of Public Hearing regarding proposed changes 1/25/11 at 6pm Conference Room A Administration Building, One Capitol Hill, Providence. 

B.  Council Rules of Procedure

C.  Real Estate Hardships

A.       Real Estate/Hardships

Year	Amount
2010 Real Estate	$29,403.72
2010 Hardship	$10,383.96
Total	$39,787.68

D. Abatements

A.       Abatements

Year		Amount
2010	Real Estate	$345.01
Total		$345.01

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.

A. Personnel Hearing Board (by Councilwoman Kleyla)

Victor Silva, 12 Alma Avenue (02916)

1.   Motion To:         Motion to approve Victor Silva to Personnel Hearing Board

RESULT:            APPROVED [UNANIMOUS]

MOVER:           Katie Kleyla, Councilwoman

SECONDER:     Thomas Rose Jr., Assistant Mayor

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

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

A. Licenses Requiring Public Hearing

B-Full Privilege VictAvenue N Restaurant Group, LLC DBA Avenue N, 20 Newman Avenue (02916), Nicholas E. Rabar, 21 Pleasant Street (02916)

1.   Motion To:         Motion to approve B-Full Privilege VictAvenue N Restaurant Group, LLC DBA Avenue N, 20 Newman Avenue (02916), Nicholas E. Rabar, 21 Pleasant Street (02916)

B.  Licenses Not Requiring Public Hearing

1.   Motion To:         To Approve Vict/Over 50 Avenue N Restaurant Group, LLC DBA Avenue N, 20 Newman Avenue (02916), Nicholas E. Rabar, 21 Pleasant Street (02916)

2.   Motion To:         To Approve Vict/Not Over 25 (subject to meeting all required approvals) East Side Shellfish, LLC DBA Diggers Catch, 537 North Broadway (02914), William D. Foeri, Jr., 16 Pallas Street, Providence (02903)

3.   Motion To:         To approve Holiday Sales (subject to meeting all required approvals) East Side Shellfish, LLC DBA Diggers Catch, 537 North Broadway (02914), William D. Foeri, Jr., 16 Pallas Street, Providence (02903)

4.   Motion To:         To approve Vict/Over 50 (Transfer) (subject to meeting all required approvals) Our Place On North Broadway, LLC 525 North Broadway (02914), Keven Blankenship, 1 Brisas Circle, East Greenwich (02818)

VII.   PUBLIC HEARINGS

A. ORDINANCES FINAL PASSAGE

1.   Motion To:         To approve 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:         To approve 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

3.   Motion To:         To approve 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:         To approve 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.

 

Testifying in favor of the ordinance is Dennis Tabella Director of Defenders of Animals and Pier Toledo Director of Ocean State Alliance for Animals. 

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

COMMENTS - Current Meeting:

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.

Testifying in favor of this ordinance was Dennis Tabella Director of Defenders of Animals and Pier Toledo Director of Ocean State Alliance for Animals

VIII.  NEW BUSINESS

A. CITY MANAGERS REPORT

1.   New Fire Fighter Positions

After speaking with Mary Scanlon Director of Human Resources, regarding a possible grant for new positions and with the pending grievances regarding manning issues the City Manager would like to defer this until the next meeting after he has a chance to meet with the Union.

Councilman Conley asked a few questions regarding the grant which would include 24 new fire fighters for two years.  Under the grant, there is a retention period after so many years.  Is there a section of the grant that excuses this?  Such as the re-hiring of laid off firefighters? 

The Fire Chief came forward to explain the recruitment stipulation only pertains to volunteer fire departments.  The grant will help bring the proper manning on the ladder trucks up to the level it is supposed to be.  There are no firefighters which were laid off. 

2.   Motion To:         Gasoline and Diesel Fuel Contract Bid Buckley Energy

COMMENTS - Current Meeting:

Contract has to be entered into by this Friday and the City Manager recommended approval.  The Acting Finance Director Don Gray was called forward he explained this is a consortium the City joins in with other Cities and Towns to get the best pricing, the City has been in the Consortium for a couple of years and the Director recommends approval.

3.   Time Clocks

The City Manager referred to a report from the IT Director Lori Fox.  The cost would be approximately $66,410.99.  It was requested that this item be placed on the docket again in one month’s time for an update. 

IT Director Lori Fox was called to the podium before speaking the Mayor expressed concern that on Monday morning he was unable to find a number of Department Heads at their offices first thing in the morning and he feels a time clock can help this, whether people are late, on comp time or whatever.   The IT Director confirmed that when she worked for the Town of North Kingstown they did have time clocks, all union, non-union and management used the clocks.  The IT Director discussed the various options available and the different things each offers. The $66,410.99 reflects a time clock using the computers in each office.   

Councilwoman Kleyla stated that if someone is complaining about a time clock they are usually the ones abusing time.  She also inquired with the IT Director about specific time clock options. 

A review on this matter was asked to be placed on the docket again in one month. 

4.   Lame Ducks

This was deferred until the next Council meeting the City Manager stated the issue needed further research on whether or not candidates who won the election can be sworn in before December 1st. 

B.  REPORTS OF OTHER CITY OFFICIALS

1.   Motion To:         Claims Committee (by Assistant Solicitor Robert Craven

COMMENTS - Current Meeting:

At the last meeting of December 21, 2010 there was a Claims Committee Meeting. 

Pursuant to R.I.G.L.  42-46-5(a)(2), a motion is made by Councilman Conley and seconded by Councilman Rose 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

          DECEMBER 21, 2010; ROOM 101; 6:45 P.M.

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

          NEW CLAIMS

 

AMICA MUTUAL INSURANCE COMPANY       $703.94

INSURED: JOHN & ROSEMARIE GIACOMINI

RM No. 10-077, Claim No. 10-055

 

Subrogation claim for property damage sustained when an object from the Forbes Street compost site struck their insured vehicle causing the rear window to shatter.  See recommendation of Recycling Coordinator.

 

Motion by:  Councilman Conley                 Seconded by:  Councilman DiGioia

 

Motion:  Approve the claim in the amount of $703.94.

 

 

ELAINE F. COUPE      $Unspecified

RM No. 10-076, Claim No. 10-054

 

Claim for personal injuries sustained as a result of a fall on Wilson Avenue allegedly caused by uneven pavement.  Recommend referral to insurance carrier.

 

Motion by:  Councilman Conley                 Seconded by:  Councilman DiGioia

 

Motion:  Refer the claim to the insurance carrier.

 

ERNESTO G. DeMENESES     $2703.35

RM No. 10-071, Claim No. 10-050

 

Claim for property damage sustained when a large branch from a City tree broke causing the branch to fall and strike the claimant's vehicle.  Recommend referral to insurance carrier.

 

Motion by:  Councilman Conley                 Seconded by:  Councilwoman Kleyla

 

Motion:  Refer the claim to the insurance carrier.

 

 

ROSEMARY GREEN    $210.00

RM No. 10-072, Claim No. 10-051

 

Claim for reimbursement of expenses incurred for the replacement of a backflow preventer valve damaged when the water service was turned off and then back on as part of the cleaning and lining project.  See recommendation of the Director of Public Works.

 

Motion by:  Councilman Conley                 Seconded by:  Councilwoman Kleyla

 

Motion:  Approve the claim in the amount of $210.00.

 

WESLEY DANA PLANTE        $Unspecified

RM No. 10-075, Claim No. 10-053

 

Claim for property damage sustained to claimant's property as a result of the March 30-31, 2010 rain event.

 

Motion by:  Councilman Conley                 Seconded by:  Councilman DiGioia

 

Motion:  Refer the claim to the Law Department.

 

 

CLAIMS FOR RECONSIDERATION

 

GLORIA JEAN LINCOLN        $1185.28

RM No. 10-060, Claim No. 10-045

 

Claim for property damage sustained when a large branch from a City tree fell onto the claimant's parked vehicle.  The Claims Committee voted at its meeting held on November 9, 2010 to deny the claim.  Claimant is asking for reconsideration of the claim.

 

Motion by:  Councilman DiGioia                 Seconded by:  Councilwoman Kleyla

 

Motion:  Refer the claim to the Law Department.

RESULT:            APPROVED [UNANIMOUS]

MOVER:           Katie Kleyla, Councilwoman

SECONDER:     Thomas Rose Jr., Assistant Mayor

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

2.   Motion To:         Comprehensive Annual Financial Report (by Acting Finance Director, Donald Gray)

COMMENTS - Current Meeting:

Acting Finance Director Gray stated this was the engagement letter to do the annual audit.  This audit is done every year. 

Councilman Conley asked how long Bacon and Co has been doing the audit.  Mr. Gray stated they are in year two of a three year contract.  Councilman Conley asked how they were awarded a three year contract.  Mr. Gray stated that these contracts are generally 3 or 5 year contracts generally because there is a learning curve, the accounting practices of the City and the employees and for the employees who are working with the auditors. 

3.   Policy for Infirmity or Poverty Exemption (by Acting Finance Director Donald Gray)

The City has no direct policy as how to apply the State Law for those who feel they are in need and are within the law.  Acting Director Gray would like to see this adopted as an ordinance in the future.  He added that in the City the policy is not the same, it varies with individuals applying.  He is proposing a plan similar to Connecticut.  Right now the City's process is inconsistent in that the same rules don't always apply and it's subjective.  Also there is a deferment portion in the new this policy he is seeking approval of which must be paid back on the sale, refinance or death of owner so that it is not a full abatement.  The City could place a lean on the property so that a title search would find this.  If they meet the criteria then they don't need to go to the tax board of review it would be done right in the assessor's office.

The Mayor said that this item should be tabled until a meeting can take place with the City Manager and the Board of Assessment and Review and the Finance Director. 

The Acting Director expressed concern about this taking too long because we are currently granting abatements and not deferring taxes. 

The Mayor stated perhaps the Board of Assessment and Review can just use some guidelines that can be created but that a meeting needs to take place.  The Mayor offered to be at that meeting as well. 

4.   Snow Removal Report (by Director of Public Works Steve Coutu)

The Director of Public Works Steve Coutu came to the podium and gave a report on the snow storm.  Total cost was approximately $55,000 about $40,000 in overtime.  He stated the City is not over budget for the year the budget is roughly $200,000.  There were a number of complaints typical of a snow storm of this nature. Adding they tried to minimize those complaints as much as possible. 

The Mayor suggested changing the notice for the parking ban and having it state that it is from the Police Department not Public Works to make it stronger.  Or at least put Public Works/Police Department on the ticker on the news. The Director said this was possible it would just require a change in the code number. 

The Mayor said since the ordinance states Public Works has to call the parking ban we may need to change that in the ordinance and asked the City Manager to review.

The Mayor mentioned about the problems with people and businesses clearing their sidewalks particularly for the elderly and the children so they are not walking in the street and asked Mr. Coutu to let people know about the ordinance already in place requiring the shoveling of sidewalks. 

Assistant Mayor Rose asked if Mr. Coutu had the cost of the remainder of the clean- up for this past storm because they were still working on it.   Mr. Coutu responded he doesn't have that at this point as he had to get this item done for the docket and he didn't have the completed payroll at that time, and added if employees choose to use comp time it could be less of a cost.  Assistant Mayor Rose asked about the outside service charge and Mr. Coutu stated that it was for one extra plow truck to help clear the roads. 

5.   Towing List Report (by Chief of Police Joseph Tavares)

A report was submitted to Council on how the tow list works and in response to questions as to whether or not the tow list should be reduced from 6 to 4 and how police tows work in general. 

The current 6 companies the Police Department uses are Cabral's Towing, Ocean State Towing, Coastal Towing, All Mobile Towing, East Providence Towing and Recovery and East Providence Towing and Auto Body.

The Report is submitted for the minutes detailing these items.

 

Mayor Rogers asked how many tows each company receives during the list process.

 

The Chief explained the breakdown works out to each company receiving about 2 tows every three days. If the performance is not up to par the officers generate reports to provide for feedback.  These results would be forwarded to the Council for potential sanctions to take place.  This includes citizens complaints received as well.  The PUC is the regulating body for these complaints. There is one company of the 6 that are currently under review by the PUC regarding several complaints received and these results will be referred to the Council.  The Chief explained that they don't submit all situations to Council but if there is a pattern of behavior then they would come to Council.

 

The Mayor asked that those complaints be reported on a regular basis if possible because the Council is responsible for putting the companies to work for the City. 

 

The Chief said what they would do going forward would be to add a field regarding response time and any listed complaints, submitting those possibly electronically to save paper.  This would include the number of declines from a company.  Reducing the present 6 companies to 4, the Chief stated he did not see any legitimate reason to do this, it would merely increase the amount of tows for those left on the list and it would displace the other companies, we have a means of addressing poor performance and if a company needs to be removed it gives a buffer zone to operate with 5 until a 6th can be replaced.   During bad storms having 6 companies is a buffer zone.

 

The Mayor expressed concern that if there are only 3-4 tows a day total wouldn't it be more incentive for less incidents and being more aware of what goes on at an accident and providing a higher number of tows per day for each company, wouldn't that be to the benefit of the City?

 

The Chief said he did not agree, what would be said to the two companies that were displaced?  This is on a need basis for police tows not to increase their businesses.  This is not the only way these companies receive tow calls.  We like to have a readily available group of tow companies and 6 is better than 4. 

 

The Mayor stated he would like to see the complaints on a regular basis and also the results of the PUC investigation.  Then have Council review the number of companies we are using. 

 

Councilman Conley thanked the Chief and stated he felt the report was very thorough.  The number of tows per day caught his attention, close to 4 tows a day, in the course of a two day period every company is getting a call, decreasing the strength of the towers, during big storm events might be problematic.  It seems these days we have 100 year storm event every couple of years.  This report is a factual and statistical breakdown showing the need for the towers. 

 

The Chief thanked the Councilman and those people that helped prepare the report. 

6.   Motion To:         RESOLUTION AFFIRMING PROSECUTION OF CIVIL ACTION ENTITLED ATTORNEY GENERAL PATRICK C. LYNCH AND CITY OF EAST PROVIDENCE V. THE RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT AND TLA-PROVIDENCE, LLC C.A. NO. 10-6883

COMMENTS - Current Meeting:

WHEREAS, the City of East Providence has filed civil action number 10-6883 with the office of the Attorney General with the State of Rhode Island against the Rhode Island Department of Environmental Management and TLA-Providence, LLC on November 23, 2010 in Providence County Superior Court; and

WHEREAS, said civil action requests the following relief:

a. Judgment declaring that TLA's application to expand its solid waste management facility must include a certificate each from the City of East Providence and the State Planning Council, as required by R.I.G.L. 23-18.9-9(a);

b. A preliminary and permanent injunction directing RIDEM to withdraw its Notice of Intent, and to not issue a license to TLA at least until such time as TLA submits the required certificates to RIDEM;

c. A preliminary and permanent injunction directing RIDEM to withdraw TLA's current permit to operate because RIDEM issued it without the required certificates from East Providence and from the State Planning Council as required by 23-18.9-9(a);

d. Judgment awarding plaintiffs costs and attorneys fees; and   

e. Such other equitable or legal relief as the Court deems necessary and proper; and

WHEREAS, the City Council for the City of East Providence is committed to continued prosecution of said civil action;

NOW, THEREFORE, BE IT RESOLVED that we, the East Providence City Council affirm its commitment to the pursuit and prosecution of Attorney General Patrick C. Lynch and the City of East Providence v. Rhode Island Department of Environmental Management and TLA-Providence, LLC Case No. 10-6883.

This resolution shall become effective upon its passage.

Requested jointly for reintroduction by: Councilwoman Kleyla and Councilman Conley

Councilwoman Kleyla thanked everyone for their patience in waiting two weeks for this item to return to the docket.  The City Clerk has been assisting in a mailing of streets around TLA/Pond View compiled by Joann Durfee, if you haven't received a letter yet you will shortly, or you can contact the Clerk's Office, those that provide their information will receive updates on these issues. 

Councilman Conley spoke regarding the resolution, he feels that the issues, concerns and their timeliness continue to grow and it begs for action.  He added that he disagrees with the observations from the law department at the last meeting regarding there being no need for timeliness. Last year the Supreme Court ordered DEM to expeditiously reconvene it's hearing on the permit for the 500 ton per day permit.  We are still waiting for them to obey the direction of the RI Supreme Court.  That tells us that we cannot rely on them to protect our rights.  For years they have turned a blind to the complaints and conditions and the impact of the facility on our neighbors.  There have been literally hundreds of complaints and testimony at hearings which they have ignored. Councilman Conley listed the requests for relief from the resolution adding that it's important to get out in front because we want to win.  If you don't have the facts argue the law, we have the law on our side but someone has to argue it.  If you don't have the law argue the facts, we have the facts.  If you don't have the facts and the law, argue public policy, public policy is on our side.  We need to pursue this case.  This case can be squandered by not moving quickly enough and standing on the sidelines.  Legal cases are always complex and it’s how you marshal the facts which you need to do from the beginning.  For example, there have been hundreds of complaints but the other side will say DEM hasn't found any violations, we can't allow this to happen. 

 

 A motion was made to remove the resolution from previously being tabled, by Councilman Conley, seconded by Councilman DiGioia and on a roll call vote it is unanimous.

 

Before the vote on the resolution the Mayor stated that if these violations are happening he feels the best way to approach this is to work with the company and get these situations resolved because he feels this could end up in court for years.  If this doesn't succeed and lives are not made better he would be the first to vote to close the company.  He added that he doesn't feel this is the best way to move forward and therefore will be voting against the resolution for three reasons. 

7.   Mayor Rogers called for a break and upon return asked for unanimous consent to move resolution number 2 concerning TLA/Pond view to this location on the docket.

Unanimous consent is granted. 

8.   The Mayor asked for unanimous consent to move resolution number 3 concerning TLA/Pond View up on the docket and it is granted.

9.   Motion To:         RESOLUTION OPPOSING PROPOSED EXPANSION OF TLA/POND VIEW SOLID WASTE MANAGEMENT FACILITY LICENSE

COMMENTS - Current Meeting:

WHEREAS, the East Providence City Council is strongly opposed to the issuance of a permit from the Rhode Island Department of Environmental Management (RIDEM) that would allow for the expansion of TLA/Pond View to a Construction and Demolition Debris from the current maximum of 500 tons per day; and

WHEREAS, the City still disputes the validity of the current 500 ton per day limit which was an expansion from 150 tons per day as approved by a variance from the East Providence Zoning Board; and

WHEREAS, the City finds any expansion to be incompatible with the surrounding area which is a mix of commercial and residential uses and inconsistent with the uses allowed in a light manufacturing zone; and

WHEREAS, the expansion would undermine the goals and objectives of the City's Comprehensive Plan relative to the development of the City's waterfront district; and

WHEREAS, the expansion would represent an intensification of the previously approved Zoning Use Variance; and

WHEREAS, the expansion will significantly increase truck traffic on residential roads; and

WHEREAS, said facility is a public nuisance in that its current operation emits noxious odors and dust and produces loud noises which severely undermine the quiet enjoyment and quality of life of East Providence residents;

NOW, THEREFORE, BE IT RESOLVED that we, the East Providence City Council strongly oppose the proposed expansion of TLA/Pond View Facility and will engage in all necessary and legal means to enforce the State and Local laws applicable to TLA/Pond View's application for its proposed expansion.

This resolution shall become effective upon its passage.  

Requested by:  Councilman Conley

Councilman Conley spoke about this resolution of which 90 percent is the same as what was approved by the prior Council and that it is important for this Council to reaffirm our opposition to expanding the operation.  The change in this resolution is to oppose the expansion in every possible way by all legal and necessary means. 

The Mayor said he opposes this resolution for the same reasons he stated on the previous resolution and on behalf of the people that he was elected to represent and on behalf of making their lives easy and better he opposes the resolution. 

10.      Motion To:    There is a motion to return to the regular order of business.

C.  COUNCIL MEMBERS

1.   Badges for City Employees (by Mayor Rogers)

The Mayor referred this to the City Manager who will soon be issuing a directive that all employees will be wearing name badges other than the laborers who would lose them because they are working outdoors.

The City Manager affirmed badges would be worn soon. 

The Mayor stated that this is people oriented service.  Badges enable positive comments to filter forward, residents can say they have a compliment regarding service and they will know the person's name.  Name tags will also provide better service overall. 

2.   Council Office Schedule (by Mayor Rogers)

The Mayor announced the opening of the Council office for use by all Council members and announced his public office hours, Tuesdays 9am-1pm and Thursdays 5pm-7:30pm.  The Assistant Mayor will have public office hours Mondays 5pm-7pm and Thursdays 9am-11am.  Councilwoman Kleyla will announce her public office hours soon. 

3.   Planning Board Liaison from Council (by Mayor Rogers)

Mayor Rogers explained to the Council that the Planning Board should a Council liaison and if anyone was interested to let the other members know.  Although this is not required, it is an important board and the liaison can bring information back to the Council, for example the solar panel farm, this item could have been brought back to the Council. 

4.   Discussion regarding Consolidation of City and School Department Human Resource Offices (by Mayor Rogers)

The Mayor addressed the Council with his concern that it is time to consolidate as much as possible, not only within the City but around the State.  A good way to start might be to look at the Human Resource Departments.  The Roger Williams University Report done several years ago alludes to consolidation. 

The Mayor asked the City Manager to provide how many people have been hired in the last few years in these Departments and how many are we losing through retirement? 

Following this study the Mayor stated we should then look into the IT Department, Grounds and Purchasing adding that he hoped other City Council members would support this. 

 

Councilman Conley thanked the Mayor for putting this on the docket this is very important and critical, especially expanding the docketed item to include those other departments, adding he mentioned previously that he thought consolidation was critical to achieving financial stability.  We also ought to look at the benefits which are common to both municipal and school employees, such as life insurance and others, if we were to pool populations there is the possibility to achieve a savings on both sides.  I would like to create a prudent sense of urgency about this.  I'm concerned about taking baby steps we are in dire financial straits.  Consolidation could represent significant savings to us.  This is not about the Council trying to control School functions, I believe in the independence of the School Committees.  This is about savings and respecting education. 

 

Councilwoman Kleyla asked if there was a way to require the Department Heads to produce reports on these topics to eliminate the burden on the City Manager. 

 

The City Manager stated that we have good department heads and we are working toward all these goals.  He has also looked at pooling electrical panels with the City of Pawtucket to save tax dollars. 

 

The Mayor stated he believes the School Committee is totally on board and Councilman Conley agreed. 

5.   Software Program (by Mayor Rogers)

The IT Director Lori Fox was called to the podium.  The Director stated a purchase order is already done following a previous study which had been completed.  The Council asked to see a copy of the report which includes what the software program for permitting does and how residents can utilize it.  The Director explained the program briefly and stated that she would supply this report to Council. 

6.   Staria Silva Memorial Fund (by Assistant Mayor Rose)

Assistant Mayor Rose gave his condolences to the family and friends of Staria Silva and to her two 9 month old daughters.  He explained the murder of Staria on Christmas Day which left her children without a mother.  He spoke about Staria and her daughters.  A moment of silence was called by the Assistant Mayor.  A memorial fund has been set up at Bank America and checks can be made out to The Staria Silva Fund and sent, care of Bank America, 218 Taunton Avenue East Providence RI. If anyone else would like to know any more information please feel free to contact us through the Assistant Mayor or through our website. 

7.   Deficit Reduction Plan (by Councilman Conley)

Councilman Conley stated he wanted to follow up on the Deficit Reduction Plan he brought up at the previous meeting.  Councilman Conley had requested from the City Manager a copy of that plan as voted on by the previous Council on November 30, 2010. This week the City Manager informed him that the reason why the City Manager was unable to provide a copy was because none was ever presented to the City.  This is startling information.  This could have at the very least provided us with a foundation.  We need to create a prudent sense of urgency to get this done.  There is a 6.1 million dollar deficit.  Our taxpayers and the rating agencies just won't accept this.  We need to start this task now.  On Thursday we received a copy of a memo from Lonnie Barham of the School Department to the City Manager, seeming to confirm that no real deficit reduction plan was presented on November 30th.  This memo further states the reason the plan was originally rejected by the Auditor General was due to the fact that over the past few years the City has not shown any resolve whatsoever for adhering to a deficit reduction plan including the fact that this plan increases payments at the end of the plan and not at the beginning.  The letter suggests a methodology for trying to address the deficit, asking the City to sell tax anticipation notes which would pay off the deficit but would be repaid using the same funding formula using the plan the Auditor General didn't approve in the first place.  Tax anticipation notes are short notes, a matter of months that is not what is being suggested in this letter.  Instead, we are being asked to create a credit card, to pay off debt, knowing that we don't have sufficient funds to pay off the debt.  Creating credit cards to pay off debt is not very appealing at this point.  We are prepared to work with the School Committee and we are prepared for shared sacrifices.  Councilman Conley also brought attention to an article in the Providence Journal titled “Municipal Deficit Set to be Next Big Bubble” which outlines a disaster if municipal deficits are allowed to continue.  Insolvency is unacceptable for us.  Instability of cities will get worse in 2011 we can't let this happen to East Providence. 

D. RESOLUTIONS

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

1.   Motion To:         Resolution Approving Interim City Manager Salary

COMMENTS - Current Meeting:

BE IT RESOLVED the Interim City Manager Orlando Andreoni's salary as Interim City Manager is the amount of $143,944 effective as of December 8, 2010. 

The Mayor stated the City Manager's salary who is also the Solicitor but he will be receiving only the City Manager salary until a permanent City Manager is chosen. 

RESULT:            APPROVED [UNANIMOUS]

MOVER:           Thomas Rose Jr., Assistant Mayor

SECONDER:     Katie Kleyla, Councilwoman

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

2.   RESOLUTION AMENDING THE RESOLUTION APPOINTING SEARCH COMMITTEE FOR CITY MANAGER

WHEREAS, on December 22, 2010 the East Providence City Council approved a Resolution that provided as follows, the City of East Providence City Council shall appoint a Search Committee for the purposes of hiring a City Manager, the Search Committee shall be composed of seventeen members, three members appointed by each Council Member and an additional two members appointed by the Mayor (italicizing added); and

WHEREAS, section 2-10 of the Charter of the City of East Providence provides, ?the Council shall appoint an officer of the City who shall have the title of City Manager . . .; and

WHEREAS, said Resolution needs to be amended to clarify that the Search Committee's purpose shall not be the hiring of the City Manager but that the City Council for the City of East Providence shall appoint the City Manager; and

WHEREAS, said Resolution needs further clarification to specify the Council's charge to the Committee and its duties and responsibilities;

NOW, THEREFORE, BE IT RESOLVED that the Resolution appointing Search Committee for City Manager is hereby amended as follows:

a. The City Manager Search Committee is subject to the Rhode Island Open Meetings Act, the Rhode Island Access to Public Records Acts and the Rhode Island Public Records Administration Act and shall strictly adhere to the requirements of those laws;

b. The City Manager Search Committee is an advisory committee to the City Council; the City Council shall retain its authority pursuant to section 2-10 of the City Charter and the City Council shall appoint the City Manager;

c. All members of the City Manager Search Committee shall be qualified electors of the City of East Providence;

d. The members of the City Manager Search Committee shall serve without compensation;

e. A majority of the members of the Committee shall constitute a quorum and the Committee shall take no action without a quorum; the Committee shall elect from among its members a Chair, a Vice Chair, and a Secretary; the Chair shall preside over the meetings of the Committee and the Vice Chair may act in the absence of the Chair;  the Secretary will keep the minutes of the meetings;

f. The Search Committee shall assist the City Council in establishing a process to notify as many qualified candidates as possible for the position of City Manager;

g. The Search Committee shall make a written report to the City Council addressing at least the following matters related to the City Manager search

1) identify professional search firms that specialize in finding candidates for government positions particularly that of City Manager

2) make a recommendation as to the most qualified firm and state the reasons in support of the recommendation

3) outline the services provided by such a firm and determine the cost for said services

4) recommend whether or not the Council should engage the services of a professional search firm and state the reasons in support of the recommendation

h. In the event the Council determines not to secure the services of a professional search firm, the Committee shall make specific recommendations on the process for the search;

1) for example, provide recommendations for the ad to be published for the position

2) make recommendations as to the publications where the ad should appear, both in the electronic and print media

3) make recommendations to assure that the notice for the position reaches as many qualified candidates as possible

4) make recommendations as to a time schedule for the City Council to receive the resumes of candidates

5) the Search Committee shall make such other recommendations to the City Council as it shall determine will assist the City Council in attracting the most qualified candidates for the position of City Manager

i. the City Council shall be responsible for reviewing all resumes received from candidates and shall be responsible for the selection and appointment of the City Manager

This Resolution shall become effective upon its passage.

 

Requested jointly by: Councilman Conley and Councilman DiGioia

 

The Mayor reminded Council that as stated previously all resolutions and ordinances should go to the law department before being placed on the docket.  The Mayor asked the Assistant Solicitor if he had reviewed this resolution yet and he said no. 

The Mayor requested a motion to have this resolution go to the law department first for review.  The motion was made by Councilwoman Kleyla and seconded by Councilman Rose.

 

Discussion on the motion was called. 

 

Councilman Conley stated that the resolution was jointly put forward by both he and Councilman DiGioia and that it represents very common sense positions which they ask the Council to consider.  He explained that a resolution represents the resolve of the body, it doesn't have the force of law, it is not an ordinance adding the attempt tonight to derail this is an attempt to censure the debate and an attempt to censure the differences of opinion of the Council in creating a charge to the Search Committee. He asked for reconsideration of the motion.

 

Councilwoman Kleyla asked again that everything go through the law department and that she contacted one of the sponsors and couldn't get answers and that she doesn't want to vote on something she hasn't gotten answers on. 

 

Councilman DiGioia stated that he could not support the resolution presented at the last meeting.  He asked that the resolution be tabled, to be stronger, more open and make the mission clearer to protect the Council.  This resolution accomplishes those goals.  This resolution makes it clear that the City Council hires the City Manager where the other resolution stated the Search Committee hired the City Manager.  He added that he has received countless emails and phone calls, people are confused and unhappy that the previous resolution was unclear and vague.  He strongly urged the Council to pass this resolution.  We have to be professional and bring a sense of honor and respect to this institution and the comment by Councilwoman Kleyla and her frustration is disrespectful to that. 

 

The Mayor stated that he was going to vote to send this back to the law department as the Council had previously agreed upon.  I am going to caution the both of you that although you are attorneys you’re acting as City Council members up here, as are the rest of us.  He added that he takes issue with item C, Council had the opportunity to vote against appointees, the only reason item C is in this resolution is to knock out one of my appointees there is no one else on here that this could be about.  Why didn't you have the gumption to vote against him then?

                                                                   

Councilman Conley stated he did not know who he was talking about. 

 

The Mayor called the motion on the floor and on a roll call vote, Councilman Conley Nay, Councilman DiGioia Nay, Councilwoman Kleyla Aye, Assistant Mayor Rose Aye and Mayor Rogers Aye the motion is approved. 

E.  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 Riley asked that Jim Briden be moved up to speak first and the Mayor asked for unanimous consent and it was granted.

2.   James A. Briden, 17 Hollow Ridge Road (02916) requesting to address the Council regarding TLA/Pond View issues.

Mr. Briden stated he was the Solicitor the previous two years.  They worked very hard on the TLA/Pond View case.  Pond View seek to increase their volume of business 10 times what was originally approved and they are in a residential area.  There was a hearing on October 22nd, many city officials, residents, elected officials and candidates for public office came to testify.  The hearing was continued to October 25th and a tremendous number of residents appeared and testified about the ongoing problems.  Katie Kleyla was a candidate for Ward I Council.  She didn't attend either hearing.  The people who really cared were there and she was most conspicuous in her absence.  Was this due to her business relationship with the owner as she stated at the last meeting?  We now must question her sincerity.  She continues to retain close relationships. 

 

The Mayor interjected that he would not tolerate personal attacks on any Council member if his comments are on TLA/Pond View he may go forward. 

Mr. Briden continued regarding comments on Councilwoman Kleyla and added that she needs to sever all ties. 

 

The Mayor called the City Sergeant up. 

 

Mr. Briden finished his comments the remainder of which focused on the case and asked Councilman Conley to keep them abreast of the situation with the court case and residents would take appropriate action.   In closing Mr. Briden added, the residents will insist there be no ambiguity on this topic and that they are not alone.

3.   Thomas Riley, 3620 Pawtucket Avenue (02915) requesting to address the Council regarding the Council meeting of December 28, 2010 and the inconsistency and misinformation at the meeting.

Mr. Riley stated that at the last Council meeting there were distortions and misrepresentations.  The School budget deficit didn't show up during the last two years.  Over 5 million dollars came from a previous School Department and the City has been chasing that ever since.  East Providence used to be an extremely desirable place to live in.  All the departments used to have sinking funds and each set aside a certain amount, putting it away knowing for example that at the end of 10 years they would need to buy a new dump truck for instance.  At one point in time a former City Manager decided not to follow the sinking fund anymore.  We need good financial management again.  We cannot come back to the taxpayer.  There has been in the past complete disregard for school buildings which have been falling into disrepair for years.  No one wanted to bother to keep up with the properties, roofs for example.  On November 27th the City filed a suit and DEM has chosen to defy the RI Supreme Court.  The situation in Rumford is egregious adding that he lives near the sewer plant in Riverside and every Tuesday it stinks unbelievably and the water pressure is nonexistent since Barrington was added they suck up the water pressure.  DEM is not going to listen to our resolution.  Councilwoman Kleyla was encouraged to go to the Ethics Commission by the law department, a week or two on either side isn't going to make a difference, DEM will not suddenly act.  One of these Councilmen here today was City Solicitor when TLA/Pond View was granted the license and throwing Councilwoman Kleyla under the bus is not going to make this happen any faster.  He went on to say that his representatives, have walked out of meetings, withdrawn their appointments or not appointed members to the Search Committee.  How did everyone get to the number three for each Council person?  Councilman DiGioia how did they arrive at three?

 

Councilman DiGioia stated that Mr. Riley always speaks volumes and thanked him for coming to speak tonight.  Whoever gave you information was mistaken and you have been mistaken on several things. 

 

Mr. Riley asked how long Councilman DiGioia had lived in EP?

 

Councilman Conley called a point of order. 

 

The Mayor agreed and asked Mr. Riley to stay on topic. 

 

Mr. Riley said he is not a happy camper when his representatives walk out on meetings and ignore appointments.  Furthermore, legal issues should be handled by the paid legal department. 

 

Councilman DiGioia called a point of order. 

 

The Mayor asked Mr. Riley to remain on topic.

 

Mr. Riley said he wants to see them do their job as City Council.  He would like to have seen Mr. Conley being more aggressive when he was City Solicitor. 

4.   James Vincent, 300 Weybosett Street, Providence (02903) requesting to address the Council regarding Public Safety.

Mr. Vincent stated he is the President of the NAACP Providence Branch.  He came to let people know that the Police Chief has a tremendous amount of support around the State, he was selected as someone with integrity, and was picked among many as the highest ranked candidate, in a search which was transparent and a model really for the State.  Mr. Vincent added that he is a former resident of East Providence, a member of the Planning Department, he remembers traveling to speak about East Providence being awarded an All American City.  This is the City who elected the first ever Cape Verdean Mayor in Isadore Ramos.  We want to make sure that public safety is first and foremost.  The best Police Chief is here.  There are many people here tonight in support of Chief Tavares and they are willing to stay here all night if necessary to show their support. 

5.   Cliff Monteiro, 300 Weybosset Street, Providence (02903) requesting to address the Council regarding Public Safety.

Mr. Monteiro stated that he is the former President of the NAACP.  Mr. Monteiro mirrored the comments of James Vincent.  He added that about a year ago he came to the Council asking for an open policy in searching for a Chief and was very happy they agreed.   He spoke about the fight for unjust laws for minorities and women.  If there are all white men to select from to be promoted as Chief then it excludes all other people.  Affirmative Action doesn't lower the standards.  In Chief Tavares, a native of East Providence, they have found the most qualified person.  He asked Mr. Craven to make sure going forward that the process for a new City Manager be open and that everyone be allowed to apply.  He explained how he was a body guard to Dr. Martin Luther King and to Robert Kennedy with eight years of military background and many years in law enforcement.  He added, those of you who use Facebook are responsible for what you put on there, there is a Council person who said several years ago and it is still there today, I am your N word, we had a burial of that word.  It doesn't mean a black person it was taken out of the dictionary.  In my era this is no joke.  I am here to support Chief Tavares, I may no longer be the President of the NAACP but my agenda remains to do what I have to do to continue my job and to support the Chief. 

6.   Jo-Ann Durfee, 14 Omega Way (02916) requesting to address the Council regarding TLA/Pond View issues.

Ms. Durfee spoke regarding the problems surrounding the neighborhood near TLA/Pond View and the impact this has on the City.  She added that if the Council spoke to an environmental attorney they would understand and she listed the reasons why, including selling a home around a C&D facility.  At the October 25th public hearing, Ed Pimental, East Providence Zoning Official, stated that there was a request made by the City when they last increase took place and there was a violation issued, what happened to this violation?  She explained that Ken Foley stated there absolutely has been dust on the pond.  Ms. Durfee went through a list of laws and regulations regarding airborne particulate matter adding that neighbors have pictures of significant amounts of dust beyond the property line and Ken Foley admitting this in his comments.  Even if the dust is found to be completely benign its existence is still a violation of the law.  The Zoning Officer is aware of these laws and it would appear the City is not doing their job if there are in fact no violations. 

 

Councilman Conley requested that she send a copy of her comments to the Council and/or the Clerk for the record.  

7.   Nancy Capineri, 6 Sutcliffe Circle (02916) requesting to address the Council regarding TLA/Pond View

Ms. Capineri stated she has lived in this neighborhood for almost 30 years, long before Pond View.  She remembers New Bay and Ocean State Steel.  This processing facility which is what Pond View is creates noise pollution day and night adding her roof, siding and shutters are covered in soot colored dust and that her husband has developed asthma.  Now they want to expand to triple the size?  DEM said they have no authority to control traffic and noise. According to Director Michael Sullivan they don't know why this facility was allowed by Zoning in a residential area in the first place.  She thanked Council members Conley, DiGioia and Kleyla for their support.  She addressed the Mayor stating meetings have been done, she has been to them, Pond View claims they already have controls in place so I feel like the discussion process is done.  Whatever they are doing doesn't work, they have been given many chances.  The people of East Providence are most important.  Business owners do not have the resident’s best interest at heart but the Council should. 

8.   David Tente, 18 Windmill Lane (02916) requesting to address the Council regarding TLA/Pond View issues and City Manager selection.

Mr. Tente stated he is a native of Rumford and that he and his wife have a 4th grader at Myron Francis School.  He was pleased to see the support of the Council on the resolutions.  He does not live with Pond View in his backyard but he’s in total agreement with his neighbors against a facility like Pond View being located so close to a residential area.  Rumford's history was written to a large degree by the Rumford Baking factory.  He is not anti business.  However, as he read the transcripts of his fellow Rumford residents he is angry by what they are dealing with at 500 tons per day, the effect on the air, water and school cannot be tolerated. The City is building a fish ladder at one end of the river that are potentially being poisoned at the other end.  Pond View should not be allowed to expand and should be forced to go back to 150 tons until this goes before the City's Waterfront Commission.  There are clean technologies that Pond View can look into if they want to stay. 

His second item is regarding the termination of Richard Brown the former City Manager.  The residents of East Providence deserve answers as to why he was fired.  If he wasn't doing a fine job we deserve to know that.  What does the comment he was not pro-business mean?  If he was not pro-Pond View that doesn't mean he was not pro-business it means he was not pro-toxins.  What is this going to cost us to terminate his contract early?

 

The Mayor responded he was terminated without cause.  It is a legal situation.

 

The City Manager stated it is a personnel matter with a confidentiality clause to the contract. 

 

Mr. Tente asked Councilman Conley, the Mayor cautioned Councilman Conley regarding the legal matters, Councilman Conley thanked the Mayor and stated Council had not yet received information as to the cost and he would hope they would receive that soon from the City Manager. 

 

Mr. Tente closed his comments stating The Search Committee is a puppet formed by the majority and will answer to the majority and he feels that the residents have a right to and deserve better leadership. 

IX.     ADJOURNMENT

1.   Motion To:         Motion to Adjourn at 11:50PM

RESULT:            APPROVED [UNANIMOUS]

MOVER:           Katie Kleyla, Councilwoman

SECONDER:     Thomas Rose Jr., Assistant Mayor

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

 

Approved By Council:  March 1, 2011

 

Attest:   ____________________

                          City Clerk