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.  Discussion regarding terms of the City Manager Separation Agreement.

I.      CALL TO ORDER

II.    INVOCATION

III.   SALUTE TO THE FLAG

IV.    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. Coastal Resources Management Council, project Veteran’s Memorial Parkway, East Bay Bike Path written considerations accepted until January 30, 2011. 

II.     CALL TO ORDER

7:30 PM Meeting called to order on January 18, 2011 at Council Chambers, City of East Providence, East Providence, RI.

III.    INVOCATION

IV.     SALUTE TO THE FLAG

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

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. Coastal Resources Management Council, project Veteran?s Memorial Parkway, East Bay Bike Path written considerations accepted until January 30, 2011. 

2. Letter received from James Briden regarding freedom of speech.

3. Letter received from ACLU pertaining to James Briden?s communication at the January 4, 2011 Council meeting regarding freedom of speech. 

B.  Alcoholic Beverage Class F-1

St. Francis Xavier, Annual Parish Dinner, January 23, 2011, 81 North Carpenter Street (02914)

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

A. Licenses Requuiring Public Hearing

1.   Motion To:         B-Full Privilege Vict (Transfer) From Sax’s Steak & Pizza LLC DBA Sax’s Steak & Pizza to Our Place on North Broadway, LLC, 525 North Broadway (02914), Keven Blankenship 1 Brisas Circle, East Greenwich (02818)

VII.   NEW BUSINESS

A. CITY MANAGERS REPORT

1.   Time Clocks

The City Manager stated he had a quote from IT for the total cost for a system and will be looking into putting it all together with a computer package, time clocks, security, identification; but added it's not ready to go forward with any one proposal until they all come in. The time clock at the City Garage works on a punch card and finger print system.  There also is ADP where a person punches a code into a pad.  There is also a way to use a computer to log in.  Additionally, they are looking at security issues and checking to see if it can all be packaged together.  This issue requires further study.  The City Manager stated he would bring something back to Council in about a month.

Councilman Conley stated one of the issues mentioned when the item was previously on the docket was a sense of frustration when some Department Heads were unable to be reached at various times of the day.  The previous significant storm event which just took place, allows for accolades to be given to Steve Coutu, Director of Public Works who was out on the roads late at night and had not had any rest in those 24 hours and then attended the very next morning, the Attorney General's Open Government Summit at 8:00am.  For Steve the hands on the time clock must have been going around for many, many hours and we need to acknowledge this type of dedication as well. 

2.   Lame Ducks

The City Manager asked Assistant Solicitor Gina DiCenso for her report on researching the Lame Duck issue.  Assistant Solicitor DiCenso reported on the effective date which newly elected officials could be sworn-in and stated it would seem as though a swearing-in could take place sooner than the Charter states but added that she will be able to give a more detailed report at the next meeting as she continues to research the topic.

The Mayor added for clarification to those watching that the issue of swearing-in newly elected officials comes due to the fact that the previous Council held a November 30th Special Meeting just before the December 1st Swearing-In Ceremony  making some very important decisions knowing they would no longer be in office.  This earlier date to swear-in newly elected officials would help stop this from happening in the future. 

3.   Motion To:         This Item was deferred until Council adjourns to Executive Session - Vote to ratify the City Manager Separation Agreement.

4.   Motion To:         Contract award for City Hall Boiler & Air Conditioning System Replacement.

B.  REPORTS OF OTHER CITY OFFICIALS

1.   Motion To:         Claims Committee (by Assistant City Solicitor Gina DeCenso)

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

                                  EAST PROVIDENCE CLAIMS COMMITTEE

                                                  CLAIMS & LITIGATION REPORT

                               TUESDAY, JANUARY 18, 2011; 7:00 P.M.; ROOM 101

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

                                                     NEW CLAIMS

AMICA MUTUAL INSURANCE COMPANY                                                              $2084.38

(INSURED: ROBERT RAGSDALE)

RM No. 10-078, Claim No. 10-061

Subrogation claim for property damage to insured’s vehicle involved in an accident with a police vehicle.

Motion by:  Councilman DiGioia                          Seconded by:  Councilman Rose

Motion:  Approve the claim in the amount of $2084.38.

TERENCIO FONSECA                                                                                      $1200.00

RM No. 10-079, Claim No. 10-056

Claim for property damage to vehicle sustained when a large branch from a City tree fell onto the claimant’s vehicle during a high wind event.  See recommendation of Assistant Superintendent of Parks.

Motion by:  Councilwoman Kleyla                        Seconded by:  Councilman Rose

Motion:  Deny the claim.

BRIAN REIS                                                                                                 $2346.25

RM No. 10-082, Claim No. 10-059

Claim for reimbursement of expenses incurred for property damage to vehicle sustained when the claimant struck a water cap that was flipped over on North Broadway.  See recommendation of Director of Public Works.

Motion by:  Councilman DiGioia                          Seconded by:  Councilman Rose

Motion:  Approve the claim in the amount of $2346.25.

LORRAINE I. ROSA                                                                                           $95.04

RM No. 10-081, Claim No. 10-058

Claim for reimbursement of expenses incurred for property damage to vehicle allegedly caused as a result of a missing sewer cover on Warren Avenue.  See recommendation of Director of Public Works.

Motion by:  Councilman Conley                          Seconded by:  Councilman DiGioia

Motion:  Refer the claim to the R.I. Department of Transportation.

UNIFIRST COPRORATION                                                                             $13,050.25

RM No. 02-256, Claim No. 10-060

Claim for alleged breach of contract between the East Providence School Department and Unifirst Corporation.  Recommend referral to the School Department insurance carrier.

Motion by:  Councilman Rose                             Seconded by:  Councilwoman Kleyla

Motion:  Refer the matter to the School Department insurance carrier.

2.   Tow Complaints and other matters (by Police Chief Tavares)

The Chief came up to the podium to report on the issue as a continuation from the last Council meeting.  The EPPD received feedback from the PUC and have submitted the results of the complaints dealing with Ocean State Towing and a minor complaint dealing with Cabral's Towing.  This one was a small issue and they received a small fine for a fuel surplus surcharge.  The complaints dealing with Ocean State Towing were of more concern and these were submitted to Council.  In one case there was a large fine of $7,700 and they have a payment schedule which they have to adhere to, depriving the owner of access to their vehicle and overcharging.  The second complaint also involves over charging of towing.  The vehicle was not towed where the person requested but towed to Ocean State Towing and the owner faced additional charges.  As a result of that inquiry they did an audit of 29 tow slips and found these to have irregularities.  As a result of this Ocean State was subsequently fined. 

The Chief stated that six companies on the EPPD tow list is still an appropriate number to have.  If there is substandard performance EPPD will present it to City Council to review and make a determination to see if a company merits being removed from the tow list.  It is the decision of the Solicitor whether they can be removed today or by a hearing.  If it is found they should be removed then we could add another company to the list to bring the number back up to six.  But that will be the decision of the Council whether or not to keep the list at six. 

The Mayor asked if the Chief felt that Ocean State Towing should be removed.  The Chief said they have some of the facts but perhaps Ocean State Towing should be asked to come before Council first and then Council can ask them to present their case and decide whether or not to remove Ocean State Towing.  In regards to Cabral's Towing this is a minor infraction and in many cases these tow companies go above and beyond what they are required, if they stay out of trouble the minor infraction could be forgiven. 

The Mayor then thanked Candy Seal for bringing the issue to light in the form of a letter to the editor.  The Mayor stated he wanted it to be clear that no money goes to these companies from the City coffers.  By the testimony the Chief gave tonight I would hope you could see why the Mayor feels that one or two tow companies may need to be removed from the list. 

The Chief acknowledged that the next report to Council will include response time and passed calls. 

The Mayor asked the report to be accepted as given and to be concluded when all the reporting is delivered to the Council, and at that time the Council can decide who and how many tow companies they want to keep on the list. 

The Assistant Mayor asked if the City vehicles are included on the rotation basis.  The Chief stated yes they should be and for full disclosure during the last snowstorm the officer in charge deviated from the rotation list for the following reason:  instead of having tow trucks going from one end of the City to the other, to be more efficient and to cut travel time the rotation was not used and instead the City was divided into various sections to be covered by each company.  Unfortunately, some areas received more tow calls than others.  The decision was honorable however it didn't end up as well as we hoped.  To get back on track I have given instructing to insert the tow companies who received less calls to get more calls now and get everyone caught to an equal level.  The Chief added he does have an after action report from the blizzard and as part of that there were 19 vehicles reported towed. 

The Mayor asked if Cabral tows all City Vehicles. The Chief responded that this may be the case and that could be a different contract he did not come prepared on that item tonight.  The Chief commended all the officers during the blizzard. 

Regarding the progress report on truck traffic of Roger Williams Avenue, it was found there has been a reduction in truck traffic, 15 oversized trucks were given warnings or citations, if previously warned they were given citations; none of the trucks were heading to Pond View.  Pond View Management, via Mr. Walsh, has been enforcing the issue on their end, including posting of signs and warning the truckers letting them know if they are stopped by police for citations they will get one warning and then they will be terminated.   

3.   Motion To:         Amendment to an existing easement for the construction of a Fish Ladder at Hunt’s Mills. (by Director of Planning Jeanne Boyle)

C.  COUNCIL MEMBERS

1.   Letter from ACLU (by Mayor Rogers)

Mayor Rogers stated that Mr. Briden came in to see him during his office hours today and it was a positive meeting and since this item is already on the consent calendar, submitted for the record, he will not further elaborate or read the letter. 

2.   East Bay Community Action Update (by Mayor Rogers)

The Mayor called the Director Mr. Roy up to the podium to describe the good work that East Bay Community Action does and to let the people of the City know what they offer. 

3.   A five minute recess was called.

4.   Thank You (by Mayor Rogers)

The Mayor thanked the dedicated City Employees that came in on the Wednesday’s snow emergency day, the Public Works Director Steve Coutu who handled the storm very well including addressing complaints in a timely manner.  The Mayor read a memo from the Director regarding snow removal.  If businesses do not comply we may have to consider raising the fines to keep the sidewalks clear.  The Mayor added a thank you to Assistant Mayor Rose who was up at 3:00am assisting people plowing and shoveling at his own expense.  The Mayor thanked and congratulated Kevin Robinson, a former religious student of his, for giving so much back to the community and referred to an article in the Post discussing the KRob Foundation.  The Mayor also thanked Councilman Conley for placing the next set of items on the docket which the Mayor stated he too mostly supported.   Lastly he thanked the residents of East Providence for making the office hours of the Council very successful, many people have made suggestions and all will be acting upon those in the days ahead. 

5.   Soccer Task Force (by Councilwoman Kleyla)

Councilwoman Kleyla stated she would like to continue and expand the Soccer Task Force which was begun by the previous Council to locate some land for a soccer field for the City.  Councilwoman Kleyla asked for unanimous consent to allow Paul Moura to be moved from the Communications portion of the docket and be allowed to speak on the Soccer Task Force at this time.  Unanimous consent was granted. 

Mr. Moura stated that the fields behind the High School are not in good shape and looks forward to getting things moving looking for new field space and offered to help with a capitol campaign to pay for creating a field and/or complex.

Councilwoman Kleyla stated that those people who were previously appointed by Council will still be on the Task Force and this includes, Paul Moura, Ken Schneider, Steven Sousa, Susan Pangbourn and Karen Ducette.   

6.   Announcing an Information Technology City Council Work Session (by Councilwoman Kleyla)

Councilwoman Kleyla announced an information technology work session for Council.  This is to address going electronic on many items including a paperless docket, technology updates and streamlining services. This meeting will be held on Monday January 31, 2011 at 7:30PM in the Council Chambers, the meeting will be open to the public and will be taped and streamed. 

7.   Forbes Street Solar Project (by Councilman DiGioia)

Councilman DiGioia announced he will be setting up a Neighborhood Meeting for the Forbes Street Solar Project in Riverside so that people can hear about the project and also ask questions.  Councilman DiGioia stated he would work with the City Clerk to establish a date, meeting site and a mailing to alert people. 

8.   Status of City Manager Separation Agreement (by Councilman Conley)

Councilman Conley stated he put this item on the docket for an update and since the City Manager put this on the docket under Executive Session he will receive the update that way. 

9.   Status of Firefighter Arbitration (by Councilman Conley)

Councilman Conley stated he put this item on the docket for an update and since the City Manager put this on the docket under Executive Session he will receive the update that way. 

10.      City Manager approach to review of current budget and preparation of next fiscal year budget (by Councilman Conley)

Councilman Conley stated he wanted to again express concern regarding this year’s budget that at least some of the financial assumptions built into the budget need to be examined closely.  He added that he would like Council to approach these items early for this year and next year’s budget. 

The City Manager stated he has started working with the Finance Director and he welcomed any input from Councilman Conely.

11.      Status of Attorney General Patrick C. Lynch and City of East Providence v. Rhode Island Department of Environmental Management and TLA – Providence LLC Case No. 10-6883 (by Councilman Conley)

Councilman Conley spoke regarding the lawsuit and stated he placed this item on the docket at the request of the neighbors living around TLA/Pond View.  The neighbors have since stated that they have had discussions with the Law Department and that they would defer this item and their communications at this time. 

Assistant Solicitor DiCenso clarified that it was a phone conversation and not a formal meeting if it had been they would have invited everyone. 

12.      Status on Consolidation (by Councilman Conley)

Councilman Conley stated this was a money saving issue and thanked the Council and School Committee for pushing forward.  He added that he was disappointed with the push back which was received by the School Department but he commended Chairman Tsonos, School Committee Person Chrissy Rossi and the Committee for continuing to push forward.  The days of saying that those at the top are not going to participate in consolidation are over and it has to be viewed from top to bottom.   We would like them to show leadership and not pointing to the rank and file. 

13.      Status on State Highway Lighting (by Councilman Conley)

Councilman Conley stated this is an issue that has pro and con policy considerations to it.  He added, the City Manager has indicated that he is following up on it and anything that has the potential of saving us hundreds of thousands of dollars a month is worth looking at and he offered help on the subject. 

The City Manager stated he is very much in favor of the concept and stated he would work with Councilman Conley on this. 

The Mayor asked what the time frame might be on this. 

The City Manager stated that he already sent information to the Public Works Director and asked him to find all the poles on State highways and asked him to find out if it was the City or the State who was paying for them.  There may be a substantial credit there.  It will take at least another month of research. 

The Mayor asked if this item could come back on the docket in another month. 

14.      Addition of public comment section to City Council Agenda (by Councilman Conley)

Councilman Conley stated that he would like to see the Council add a public comment section to the docket.  This would be separate from the Communications section of the docket.  There would be a sign in sheet for people at the beginning of the meeting.  This would be for topics people see when the docket is posted which they may not have known previously would be on the docket causing them to have to wait two weeks to speak on the topic and by then it's kind of old news.  This change would be made through an alteration to the Council Rules of Procedure.  Council would not be allowed to comment because it had not been posted but they could listen and possibly learn something.  This is important to increase community participation and help us to know how people feel on particular topics. 

The Mayor recommends researching it and bringing something back to Council that they can discuss, with specific guidelines. 

15.      City Manager Search Committee (by Councilman Conley) 1.Maria Hartel, 1075 Willett Avenue (02915) 2.Patrick Caine, 4 Drowne Parkway (02916) 3.Fred Reinhart, III, 26 Fenwick Road (02915)

Councilman Conley submitted his City Manager Search Committee Members and took a moment to give a brief explanation on why he selected each one and what they would bring to the committee. 

D. RESOLUTIONS

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

1.   Motion To:         RESOLUTION AMENDING THE RESOLUTION APPOINTING SEARCH COMMITTEE FOR CITY MANAGER

COMMENTS - Current Meeting:

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

          ii. while conducting its search, the committee shall adhere to the affirmative action provisions of Section 11-136 of the East Providence City ordinances, specifically, to foster and promote equal opportunity in employment on the basis of ability to work, and to eliminate and prevent discrimination on the basis of race, sex, age, handicap and national origin.

This Resolution shall become effective upon its passage.

The Mayor stated that this item was at the request of Councilmen Conley and DiGioia. 

Councilman DiGioia stated that he felt strongly and heard from his constituents that the creation and purpose of the search committee needs to be specified and clarified including the Council's charge to the committee.  He feels as though this resolution accomplishes that goal. The prior resolution was not written correctly and stated that the committee hires the City Manager not merely as an advisory committee which this resolution makes clear.  This resolution is clear, open and transparent. 

The Mayor stated the Charter is clear it states the Council chooses the City Manager, we are the final say and it is the committee that recommends to us by means of weaning the number of resumes down.  He added he had several issues with portions of the resolution.  The Search Committee is going forward by virtue of the first resolution which was passed.  He stated that this Search Committee will save taxpayers money rather than paying for a professional search committee.  Also that these appointed people bring many different qualified backgrounds. 

Councilwoman Kleyla stated that she would not be supporting the resolution because part of the purpose of the search committee is to formulate members with different backgrounds, from the City of East Providence, will bring to the table what the City really needs in a City Manager and then they will bring that to us. 

Assistant Mayor Rose stated that the Search Committee is going to go out and look for the best candidates and bring them to the Council.  A resolution is not in need at this time, since they are merely the Search Committee.

Councilman Conley stated that he agrees with the points which Councilman DiGioia has made.

E.  INTRODUCTION OF ORDINANCES

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

F.  COMMUNICATIONS

Any person who submits a communication to the Council and wishes to speak on it must indicate this in writing by completing a "Docket Request Form"

VIII.  ADJOURNMENT

1.   Motion To:         Motion to recess to Executive Session.

2.   Motion To:         Motion to return to open session and keep the minutes of Executive Session sealed.

3.   Motion To:         IAFF Contract Negotiations - Motion to accept the report

COMMENTS - Current Meeting:

To direct Law Department to continue negotiations with Fire Fighters Union.

4.   Motion To:         City Manager’s Separation Agreement

COMMENTS - Current Meeting:

Under the City Manager's Report the vote to ratify the City Manager's Separation Agreement. 

Under discussion Councilman Conley states that he will be voting against ratifying the agreement most especially due to the confidentiality agreement.  Without knowing if there would have been a different outcome, he stated he was interested in exploring alternative separation methods and was disappointed however the law department did not consider this their charge and he has concerns about the confidentiality provisions and is not able to support the agreement.  

Councilman DiGioia stated he too would be voting against this and agrees with Councilman Conley's concerns and agrees that other methods of separation should have been explored. 

Mayor Rogers asked why this was not brought up earlier and Councilman Conley stated because we are having the public session now. 

5.   Motion To:         Motion to Adjourn at 11:10 PM.

Approved By Council:  March 15, 2011

Attest:   ___________________

                          City Clerk