CITY OF EAST PROVIDENCE

RHODE ISLAND

JOURNAL OF REGULAR COUNCIL MEETING

Tuesday, July 19, 2011

6:45pm Executive Session

7:30 PM Regular Council Meeting

 

 

I.       Executive Session

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

1.      Claims and Litigation

Pursuant to R.I.G.L. § 42-46-5(a)(2)

Claims

1. Lonnie Barham

2. Jeffrey & Christine Gough

3. Albert Kielczewski

4. Tracy Karin Prell

5. Hattie Siperstein

6. Kerri Lynn Smith

II.     Regular Meeting

III.    Call to Order

 

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

 

IV.     Invocation

V.      Salute to the Flag

VI. CONSENT CALENDAR - Motion to approve the Consent Calendar minus the Abatements.

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:           Katie Kleyla, Councilwoman

SECONDER:    Thomas Rose Jr., Assistant Mayor

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

A.      Letters

1.   Coastal Resources Management Council Semi Monthly Meeting, Tuesday June, 28, 6:00PM URI Coastal Institute, Hazard Room A & B, URI Bay Campus, South Ferry Road, Narragansett.

2.   Coastal Resources Management Council Amended July 2011 Calendar.

3.   RIDEM Water Resources/ Water Quality Certification Program Application, Project Location Squantum Woods Park, Squantum Pond Application Ends at 4:00PM August 1, 2011.

4.   Coastal Resources Management Council Application Consideration for 57 Terrace Avenue (02915), Sharon and Gary L’Europa Requests to Schedule a Hearing Must be Recieved by August 6, 2011.

5.   Correspondence from Town of Hopkinton Regarding H 5554 Sub a and S 533 Regarding Building Lot Size and Matters Related to Home Developments.

B.      Licenses

1.   Extended Closing Time   Chelo’s of East Providence, 911 Warren Avenue (02914) Craig Chelo, 8 Burlingame Road, Smithfield (02917)

2.   Class F East Providence Elks, 60 Berkley Street, Bike Run, August 6, 2011.

3.   Class F East Providence Elks, 60 Berkley Street, Pig Roast, August 13, 2011.

4.   Cancellations / Abatements

Year                Amount

2003                $857.40

2004                $891.80

2005                $1,839.76

2006                $1,905.33

2007                $1,595.19

2008                $1,559.19

2009                $1,517.72

2010                $3,896.53

2011                $59,569.42

 

Total                $73,632.34

5.   Council Journal Regular Meeting March 1, 2011

6.   Secondhand Dealers & Junkyards Corporate Name Change Transfer from Filippo, Paul and Helen DBA Ed’s Auto Sales Transfer to Ed’s Auto Sales, Inc.   681 North Broadway (02914)

VII.   Public Comment

1. Kevin Bristow - -TLA/Pond View 7:38PM

2. James Briden - TLA/Pond View 7:42PM

3. Jo-Ann Durfee - Pond View/TLA 7:45PM

4. Tim Norton - Pond View/TLA 7:50PM

5. Rob Campion - Chelos of East Providence - defer as license deferred

6. Jim Foghey - Chelos - defer as license deferred

VIII.  Proclamations & Presentations

1.   Mayoral Commendations to Regan Jeffrey East Providence City Lifeguard, Stephanie Perez, Stephanie Gomes and Kyle Croke East Providence Playground Couselors Presented by Joshua Adewusi

Regan Jeffrey East Providence City Lifeguard, Stephanie Perez, Stephanie Gomes and Kyle Croke East Providence Playground Counselors presented to Joshua Adewusi by Mayor Rogers

2.   Mayor Rogers requests unanimous consent to move the Block Party item up on the docket and unanimous consent is granted.

3.   Dean Ventre and Roger Morrell, 16 Outlook Avenue Requesting to Address the Council Regarding the 5Th Annual Block Party, Blocking Off Outlook Avenue from Hawthorne Street to Brightridge Avenue, Saturday, August 6Th from 5:00 PM - 11:00.PM.

 

4.   Motion to grant the block party.

RESULT:          APPROVED [UNANIMOUS]

MOVER:           Thomas Rose Jr., Assistant Mayor

SECONDER:    Katie Kleyla, Councilwoman

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

 

 

IX.     Appointments

1.   East Providence Housing Authority - Public Housing Resident Commissioners - Reappointment  Dorothy Tillou, 3663 Pawtucket Avenue (02915)

Dorothy Tillou, 3663 Pawtucket Avenue (02915)

RESULT:          ADOPTED [UNANIMOUS]

MOVER:           Bruce Rogers, Katie Kleyla

SECONDER:    Michael DiGioia, Councilman

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

X.      Public Hearings - Ordinances Final Passage

1.   No Parking on Summit Street

Director Coutu came to the podium to address the reasoning for the no parking sign for Summit Street. 

Mayor Rogers discussed a community meeting of the neighbors, the Mayor and the police to address this issue. 

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”

 

THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:

 

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 deleting therefrom the following:

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

SECTION II.  Section 18-307 entitled “Parking prohibited at all times.” of Article X entitled “Stopping, Standing and Parking.” of Chapter 18 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Vehicles and Traffic.” is amended by adding thereto the following:

Summit Street (east side) starting from a point 40 feet north of Cross Street for a distance of 6 feet north

SECTION III.  This ordinance shall take effect upon its second passage and all ordinances or parts of ordinances inconsistent herewith are hereby repealed.

Mayor Rogers gave a brief description regarding the parking problem on Summit Street and the subsequent neighborhood meeting. 

RESULT:          ADOPTED [UNANIMOUS]

MOVER:           Katie Kleyla, Councilwoman

SECONDER:    Thomas Rose Jr., Assistant Mayor

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

XI.     LICENSES NOT REQUIRING PUBLIC HEARING

All licenses subject to approval(s) from the Chief of Police, Building Inspector, State Division of Taxation and Fire Marshall.

1.   Wrecker/Tower  Patricio Pinto DBA Vally Towing, 517 Warren Avenue (02914) Patricio I. Pinto, 393 Broad Street, Cumberland (02864)

 

Mr. Pinto answered questions regarding the business.  He operates a towing business as well as a gas and repair station.  He is open 7am-7pm Mon-Sat. he does not store cars there only cars that are being worked on for repairs. 

RESULT:          ADOPTED [UNANIMOUS]

MOVER:           Katie Kleyla, Councilwoman

SECONDER:    Thomas Rose Jr., Assistant Mayor

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

XII.   New Business

A.      City Manager's Report (by Interim City Manager Orlando Andreoni)

1.   Permanent Appointment - Alba Curti Director of Parks and Recreation

2.   Approval of FY2010 Audit by Bacon & Company

 

Ellen Eggeman spoke for the City Manager who was out ill and introduced Pat Bouche and Cheryl Langevin from Bacon and Company who gave a presentation. 

Councilman Conley asked about the statements in the May 13th letter the corrected and uncorrected section, bullet points 3, 4 and 8 all seem to relate to debt service issues and the borrowing through the Clean Water Financing Agency. 

Cheryl Langevin explained that due to the corrected statements as of 10/31/10 and going forward the City has been posting this activity.  This is a large loan of 4.6 million dollars.  There is no actual paper trail other than the monthly statements from Clean Water Action.  The balance in the Wastewater Fund is 12.6 million dollars with an unrestricted deficit of 2.8 million dollars.  There is an operating loss for the year and other items are all onetime items.  NBC charges were more than expected, there were additional costs in the switch over to privatize, onetime costs, revenues came in lower than the expenses.  The RI Clean Water aspect is being used to improve the plant and build capital assets.  This doesn't really affect the City’soperating revenue.  All the United Water information and the City's trial balance can be received this is just a summary. 

Councilman Conley stated that the comments regarding our financing software is very important and this is an area where spending money can actually help us save money and better track how and why we are spending. 

RESULT:          ADOPTED [UNANIMOUS]

MOVER:           William Conley Jr, Councilman

SECONDER:    Katie Kleyla, Councilwoman

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

B.      Reports of Other City Officials

1.   Deficit Elimination by School Committeewoman Chrissy Rossi

A presentation was provided which included a power point presentation.

Mayor Rogers thanked School Committeewoman Rossi for all the work she put into the presentation.  He states that he feels the appropriate action to take is to adopt the plan as a template and to refer this to the City Manager and have him confer with the Acting Superintendent and to get the Council an actual dollar amount on how we can implement these  plans.  It's time to get together, City Council and the School Committee the City Manager and the Superintendent to get us all the information on these items.  This information should come back to us in one month no longer. 

2.   Motion to refer to the City Manager and to the Superintendent and to have them provide the information back to the Council in no later than one month.

RESULT:          APPROVED [3 TO 2]

MOVER:           Katie Kleyla, Councilwoman

SECONDER:    Thomas Rose Jr., Assistant Mayor

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

NAYS:               Michael DiGioia, William Conley Jr

 

Under discussion Councilman Conley thanks School Committeewoman Rossi for all the work she has put in and that part of this is part of the presentation she made to the Deficit Elimination Committee and are under consideration from the Deficit Elimination Committee.  Mrs. Rossi is a member of that committee and these can be taken into consideration and reviewed through the committee, a lot of hard work has been done there as well.   There is a meeting tomorrow night and we expect to be able to take that information and have asked members to come in with their suggestions to identify savings and to put a number and time line on those savings.  Information like this will be an important part of the discussion tomorrow night.  We expect to be able to include the Auditor General in the discussion as this goes forward.  The goal is to take these kinds of recommendations and suggestions and validate those numbers, this year and for five years.  So that when we come back to the Council you have the confidence of knowing they are real numbers that really work.  As Chair of the Committee I’m asking that this go before the Committee tomorrow night at the meeting. 

Mayor Rogers stated that more time has passed than was asked for by the Deficit Elimination Committee and that nothing has been brought forward and that he feels it's time to bring items back to the Council. 

Councilman DiGioia stated that he has been very proud to be a member of the Deficit Elimination Committee and the work that Councilman Conley and others have done at the meetings and behind the scenes on both the City and School side and considering where we started from we have uncovered a lot of necessary information through a very transparent process.  The motion is a bit premature and I cannot support it. 

Councilwoman Kleyla spoke and thanked Ms. Rossi for the presentation. 

School Committee member Rossi spoke that there are a number of items listed in this report and that there is no way they will not generate revenue and these items should be implemented before we do a 5 year projection, as it can only enhance the projection.  This should provide a difference in our deficit numbers going forward. 

The Mayor asks for the roll to be called.

3.   ITraffic- Fines and Public Safety Program 195 by Bill Danzell

Mr. Danzell provided a power point presentation to the Council regarding cameras, at no cost to the City, being installed at various intersections and the company receives a proceed from tickets issued. 

Following the presentation Mayor Rogers stated that what we need to do is to have the City Manager follow up with other companies which have a similar product and compare.  In addition, the Mayor asked a question regarding uncollected revenues and if this is something they also do.  Mr. Danzell stated that his company does provide solutions to municipalities and states regarding uncollected revenues providing cities with up front capital, however a City has to have some size to the uncollected revenues, the City of East Providence has a very small number and therefore would not be a candidate to buy out the debt. 

Mr. Danzell stated that the offer regarding the iTraffic program and how they run it by hiring City Police Officers through their company is a unique idea to their company only. 

The Mayor asks to have this referred to the City Manager for further study and have him contact the Chief of Police as well to work with iTraffic and come back to the City Council with the results in one month. 

On discussion Councilman Conley stated that it is unfortunate that Mr. Danzell had not had much discussion with the Chief and that he is the person who would be the most knowledgeable on this.  The only information we have before us is really the power point presentation and that is just not a sufficient amount of information for us to act upon.  If the makers of the motion mean that it would be reviewed by the Police Chief with recommendations from the Police Department on the program, if it has been in effect in other communities, and has it been effective and how do they compare in demographics to East Providence. 

Councilwoman Kleyla stated yes. 

Assistant Mayor Rose stated that Mayor Rogers did state that the Chief would be involved.

Mayor Rogers agreed that is what was meant by the motion. 

Both makers of the motion included the Chief in the motion directly. 

4.   Motion to refer iTraffic for further study to the City Manager and the Chief of Police. 

RESULT:          APPROVED [UNANIMOUS]

MOVER:           Katie Kleyla, Councilwoman

SECONDER:    Thomas Rose Jr., Assistant Mayor

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

 

 

5.   Claims Committee Report (by Solicitor)

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

 

                                  EAST PROVIDENCE CLAIMS COMMITTEE

                                                  CLAIMS & LITIGATION REPORT

                                   TUESDAY, JULY 19, 2011; 7:00 P.M.; ROOM 101

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

                                                     NEW CLAIMS

 

LONNIE BARHAM                                                                                      $113,717.57

RM No. 11-052, Claim No. 11-038

 

Claim for payment of outstanding contractual obligations under the claimant’s employment contract with the East Providence School Department.  Recommend referral to the School Department’s insurance carrier.

 

Motion by:  Councilwoman Kleyla                        Seconded by:  Councilman Rose

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

 

JEFFREY & CHRISTINE GOUGH                                                                         $2179.99

RM No. 11-045, Claim No. 11-033

 

Claim for property damage allegedly caused by a sewer backup sustained during sewer main cleaning conducted by the City’s contractor United Water.  See recommendation of the Director of Public Works.

 

Motion by:  Councilwoman Kleyla                        Seconded by:  Councilman Rose

Motion:  Refer the claim to United Water.

 

ALBERT KIELCZEWSKI                                                                                     $214.00

RM No. 11-049, Claim No. 11-036

 

Claim for reimbursement of expenses incurred for the towing of the claimant’s vehicle by the East Providence Police Department.  See recommendation of the Chief of Police.

 

Motion by:  Councilwoman Kleyla                        Seconded by:  Councilman Rose

Motion:  Deny the claim.

 

TRACY KARIN PRELL                                                                                       $535.59

RM No. 11-044, Claim No. 11-032

 

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

 

Motion by:  Councilman DiGioia                          Seconded by:  Councilwoman Kleyla

Motion:   Approve the claim in the amount of $535.59.

 

HATTIE SIPERSTEIN                                                                                        $575.00

RM No. 11-047, Claim No. 11-034

 

Claim for property damage to claimant’s driveway sustained during snow plowing operations.  See recommendation of the Director of Public Works.

 

Motion by:  Councilwoman Kleyla                        Seconded by:  Councilman Rose

Motion:  Deny the claim.

 

KERRI LYNN SMITH                                                                                    Unspecified

RM No. 11-051, Claim No. 11-037

 

Claim for personal injuries sustained when the claimant drove her vehicle over a manhole cover which became dislodged on Veterans Memorial Parkway.  Recommend referral to the insurance carrier.

 

Motion by:  Councilman Rose                             Seconded by:  Councilwoman Kleyla

Motion:  Refer the claim to the insurance carrier.

6.   Motion to approve Claims Committee Report (by Solicitor)

RESULT:          APPROVED [UNANIMOUS]

MOVER:           Katie Kleyla, Councilwoman

SECONDER:    Thomas Rose Jr., Assistant Mayor

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

 

 

C.      Council Members

1.   Business/Christmas Tree Program

Mayor Rogers states the Christmas Tree Program would be similar to City of Pawtucket and called the Recreation Director, Alba Curti to the podium to discuss this item.  Ms. Curti states this would be done very similar to what has been done by the City of Pawtucket at Slater Park for about a decade and they have about 410 trees which they currently light, charging $25 per tree and they are offered to people in the community, in honor of a family member who has passed away or just as a family tree.  For $1,000 each business can purchase wood replicas that are shown with the trees.  The $25 fee includes a 4 foot tall tree, 3 sets of lights per tree and a sign.  The Senior Center has been selected as the best site due to the fact that it has electrical outlets and inside and outside facility availability.  The program runs December 1- January 6. Pawtucket also has their carousel open, musical entertainment and events for children. 

After speaking with Bob Rock the Senior Center Director as well as FACT they have both stated they are willing to participate.  We would like to have Santa there for the children. 

Mayor Rogers asked the School Committee Liaison to see if this could be a project which could be done with the schools and added that Freddie Rybka and Tony Fereirra would be willing to help with the work. 

There is the ability to have this make money as businesses purchase the wood structures and people attend and participate. 

Assistant Mayor Rose stated he would like to be involved in the project and that he has done a tree in Pawtucket before.  He added he could help with construction as well. 

2.   Motion to send this to the Recreation Department to begin implementation.

RESULT:          APPROVED [UNANIMOUS]

MOVER:           Katie Kleyla, Councilwoman

SECONDER:    Michael DiGioia, Councilman

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

 

 

3.   Watchemoket Square Day October 29, 2011

Mayor Rogers announced the date, time and details for the event and called Wendy Wood Hubbard and Gordon Hubbard forward to describe the event. 

Watchemoket Square was the downtown area of East Providence many years ago.  When the highway was built Taunton Avenue was moved.  Ms. Hubbard came up with the idea to revitalize the area businesses by hosting a Watchemoket Square Day. Businesses will be open, there will be food, sales indoors and out, music, St. Mary's Church Bizarre and Bake Sale and other activities.  Letters will be sent to all the businesses in the area to participate.  There will be a program book and involvement of the historic preservation groups to share photos and/or tours if possible of historic buildings.

4.   Introduction to the Finance Department

Mayor Rogers asked Finance Director Ellen Eggeman to come up and give a brief description of the Finance Department. 

Ms. Eggeman came to the podium and gave an explanation of the offices and flow chart of the Finance Department.

5.   Sister City Ribeira Grande John Faria, Chairman, 20 Rowley Street (02914) Anthony Almeida, 57 North Carpenter Street (02914) Manuel Costa, 162 Brown Street  Olympia Medieros, 16 Forest Avenue (02914) Dr. Antone Oliver, 38 Lake Street, Rehoboth, MA  John Paiva, 250 Merlin Street  Fernando Pereira, 80 John Street (02914) Andy Braga, 527 Forbes Street (02915)

John Faria, Chairman, 20 Rowley Street (02914)

Anthony Almeida, 57 North Carpenter Street (02914)

Manuel Costa, 162 Brown Street 

Olympia Medieros, 16 Forest Avenue (02914)

Dr. Antone Oliver, 38 Lake Street, Rehoboth, MA 

John Paiva, 250 Merlin Street 

Fernando Pereira, 80 John Street (02914)

Andy Braga, 527 Forbes Street (02915)

Mayor Rogers read the list of committee members, the committee was originally started in the late 1970's and has recently been in a limbo status and at their request he stated he is placing the following people on the committee so that they can once again hold meetings. 

6.   Police Station Signage

Assistant Mayor Rose asked that this item be deferred to the next meeting. 

7.   Consolidation of Municipal Court to City Hall

Mayor Rogers asked the Finance Director to come to the podium to present the consolidation options which were worked on with the City Manager. 

Ms. Eggeman presented her memo regarding consolidation and stated that she met with the City Manager and the City Clerk regarding these consolidation options.  Mayor Rogers asked if any of the proposals were a loss of funds. 

Ms. Eggeman stated that was correct they all appear to be a savings. 

Mayor Rogers asked if this was the City Manager's recommendation to move the Municipal Court to City Hall. Both Ms. Eggeman and the City Clerk stated yes. 

Mayor Rogers asked the Assistant Solicitor if she had anything to add.  Ms. DiCenso stated regardless of which of the three options were chosen she would say that Mary Scanlon, Director of Human Resources, would need to be involved as well as whatever Departments are implicated in the move should participate in the decision. 

A motion is made by Councilwoman Kleyla to move Municipal Court to City Hall, seconded by Assistant Mayor Rose

On discussion Councilman Conley stated that in the analysis which the Finance Director provided there was an assumption of rent, does each scenario include that assumption? 

Ms. Eggeman stated it did at $7 per square foot.  Currently the City is not aware of tenants at this time, the building is in great shape and appears to be accommodating to a Doctor or other type of establishment.

Councilman Conley stated we have had trouble renting other buildings so if we wanted to be conservative what would the savings be if we had to discount that number for the rent, then we would subtract that amount? 

Ms. Eggeman stated yes. 

Mayor Rogers stated that he did speak with the Director of the Senior Center, who is excited about the prospect of a doctor, perhaps a podiatrist, or a hair stylist and the Director felt confident that he could go forward with the charge.

Councilman Conley stated he understood it does present a unique opportunity across from the Senior Center but yet we still haven't rented the building across from City Hall.  Some of the options would include less FTEs.  Have we looked at what is involved in terminating those FTEs? 

Ms. Eggeman stated that is currently being investigated by the Human Resource Department. One of the reasons there are three different options being given is because of this. 

Councilman Conley asked is it the recommendation of the Administration that we approve the idea that Municipal Court move back to City Hall and then you will come back to us with a recommended option which will have those other questions answered for us?

Ms. Eggeman stated yes. 

The makers of the motion state they also understand this. 

Assistant Mayor Rose added that the building they are leaving is a great addition to the seniors for a doctor or hair stylist and the Senior Center Director will be very helpful in finding a tenant for that building. 

Councilman Conley asked if there is a recommendation as to where the court would be located at City Hall.

Ms. Eggeman stated she is not aware of the space at this time but that she has been told there is a space for them. 

RESULT:          ADOPTED [UNANIMOUS]

MOVER:           Katie Kleyla, Councilwoman

SECONDER:    Thomas Rose Jr., Assistant Mayor

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

8.   Paperless Docket

Assistant Mayor Rose stated that both he and Councilwoman Kleyla have been the test pilots for the paperless project utilizing the iPads.  

The City Clerk stated the rest of the iPads are in and that the IT Director just needs to set them up with the exception of Councilman Conley who will be using his notebook. 

Assistant Mayor Rose stated this has been a great help and we are saving money on paper and saving paper in general. 

Mayor Rogers stated there was a letter to the editor that you may be texting instead of looking at the docket. 

Assistant Mayor Rose stated they are not set up to allow texting. 

9.   Motion for the Issuance of City of East Providence letter of noncompliance regarding TLA Pond View by Councilman Conley

RESULT:          APPROVED [3 TO 2]

MOVER:           William Conley Jr, Councilman

SECONDER:    Michael DiGioia, Councilman

AYES:               Katie Kleyla, Michael DiGioia, William Conley Jr

NAYS:               Bruce Rogers, Thomas Rose Jr.

Mayor Rogers asked the Assistant Solicitor if this item could be discussed considering it is in litigation.

Ms. DiCenso replied that any discussion should be done in executive session, after speaking with Robin Main she agrees and that this action is not timely at this point.

Councilman Conley stated he respectfully disagreed with that and could not see why it could not take place at an open meeting.  He added he also spoke with Robin Main and she did not express those reservations him.  He did receive a telephone call from Ms. DiCenso expressing those reservations and we tried to contact Robin prior to the meeting but were unable to do that.  HIs understanding, at least in part, of Ms. DiCenso's concerns was that the open meetings allows for closed session on litigation but does not specify it must be in closed session.  Through the hard work or our Representatives and Senators the legislation regarding C & D facilities throughout the state has been passed and this legislation will greatly assist the whole state. 

Councilman Conley read directly from the legislation.  It does state that the letter should come from the City Manager.  A letter of non compliance must be issued stating what compliance has not been met.  The officer in charge of zoning enforcement in the City has made a determination that TLA Pond View is not in compliance with zoning in East Providence.  The Council is simply acknowledging that the zoning officer is responsible and we accept his conclusions.  This is a request that the City Manager issue the letter.  If there are concerns from legal counsel about this they can certainly be addressed by the City Manager but that the City Manager should be given the Council's feelings on this matter. 

Councilman Conley put this in the form of a motion and Councilman DiGioia seconded the motion. 

On discussion, the Mayor stated that he cannot see where in Roberts Rules of order it states that if the legal counsel does not want to go forward can the matter still proceed.  I have not received the letter or what the letter would say, there is a matter going before the zoning board which is exactly where it should be and none of this has gone forward yet. This would be putting the cart before the horse and doing their job before they had a chance to do it. 

Assistant Mayor Rose requests that Councilman Conley and Councilman DiGioia defer the motion to the next meeting due to the request from the legal department, but Councilman Conley declines stating he does not feel in any way this is impeding the Zoning Board, the statute makes it clear that we have a duty and we ought to fulfill it, the letter does not come from the Zoning Board but from the City Manager.   

Councilwoman Kleyla asked if this is under the stipulation that this will be further discussed between the City Manager and legal counsel and that it will in no way impede the legal strategy set forth so far.  Councilman Conley stated yes and that in his explanation which he just gave the statute requires it to be issued by the City Manager and this only gives the City Manager the Council's intent and that he will confer with the legal counsel that it is done properly. 

Mayor Rogers stated that there have been four lawsuits which were put out there and all won by TLA Pond View for various reasons, this is exactly what the people have asked for that this go to the zoning board and now we are not doing that we are predetermining the Zoning Board's decision.  This could cost hundreds of thousands of dollars in additional legal fees.  Let the zoning board rule, they may rule in favor of the people, then the Council and the City Manager can act accordingly I think it needs to run its course and we are stopping it from running its course.

D.      Introduction of Ordinances

1.   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”

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”

 

THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:

 

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:

Taylor Drive (north side) from utility pole #10 easterly for 115 feet.

Taylor Drive (south side) starting from a point 300 feet easterly of Martha Road to a point 170 feet easterly.

SECTION II.  This ordinance shall take effect upon its second passage and all ordinances or parts of ordinances inconsistent herewith are hereby repealed.

Director of Public Works Steve Coutu came to the podium and explained the reasoning regarding the no parking on Taylor Drive.  Councilwoman Kleyla also spoke regarding the situation.  There were old no parking signs that had become faded and were unreadable.  They have a lot of shipping in and out and really need to keep the no parking signs and people have slowly begun to start parking there because the signs are illegible. Since the original ordinance could not be found an ordinance to support the no parking signs are necessary. 

RESULT:          ADOPTED [UNANIMOUS]

MOVER:           Thomas Rose Jr., Assistant Mayor

SECONDER:    Katie Kleyla, Councilwoman

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

E.       Communications

1.   Judith Valentine, 133 Burgess Avenue Requesting to Address the Council Regarding Speeding on Burgess Avenue.

Ms. Valentine was not present.  Mayor Rogers stated he had conversations with Ms. Valentine regarding four way stop signs.  They are usually not recommended because people tend to roll and nobody stops.  However, we are putting together a community meeting to see if the majority of the people from the area are in favor of a four way stop sign and if so we will do that. 

2.   Tom Riley, 3620 Pawtucket Avenue (02915) Requesting to Address the Council Regarding East Providence, Johnston and TLA Pondview, Lets Push Up the Unemployment Rate.

This item was requested to be deferred as Mr. Riley is ill. 

3.   Anthony Ferreira, 44 Brightridge Avenue (02914) Requesting to Address the Council Regarding Budget Update - Council’s Ideas.

Mr. Ferreira asked for everyone's ideas regarding budget deficit reduction and he thanked Ms. Rossi for her ideas.  He thanked Councilman Conley and DiGioia for their efforts at the Deficit Elimination Committee.  It was shameful that everyone did not show up to work on this.  The sooner we put all this aside and if each individual put in 1/4 of the effort Ms. Rossi did we could get rid of the deficit.  Please think about this tonight and not about your individual parties.  Moving of Municipal Court should not be voted on until you know where there is room in the building.  We need definite answers. 

Mayor Rogers stated there are two areas they are looking at for where to hold court the third floor and in the Council Chambers. 

Mr. Ferreira asked to see a cost analysis and user friendly analysis.  If renting of the building is taken out how much is the savings? 

Mayor Rogers stated that he felt personally the third floor would cost more as people would have access to the whole building and destruction issues could happen.  There is still a savings even without the rent. 

Councilwoman Kleyla stated the utilities alone for a year is $65,000, you may not have seen these numbers and Mr. Ferriera stated no he had not seen that memo and added he would like to see the numbers. Councilwoman Kleyla said it is important for us to make a statement that we want to move forward and want to see more information as we start to go forward.  We need to start the process. 

XIII.  Adjournment

*If communications assistance is needed or any other accommodations to ensure equal participation please contact the City Clerk’s Office at 435-7590

* Any items listed on the Council Docket may be subject to a vote.

1.   Motion To:      Adjourn

RESULT:          APPROVED [UNANIMOUS]

MOVER:           Thomas Rose Jr., Assistant Mayor

SECONDER:    Katie Kleyla, Councilwoman

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

 

Approved By Council:  February 7, 2012

 

Attest:  __________

          City Clerk

 

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