CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
March 15, 2011
6:30 P.M. Executive Session
7:30 P.M. Open 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. Albert Quattrucci Arbitration
C. Ocean State Towing
A moment of silence takes place for the victims of the tsunami in Japan.
A motion is made to seal the minutes of Executive Session by Councilwoman Kleyla, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.
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. Notice of new property number, 691 Warren Avenue (02914), plat book 170, page 9-14, plat 1006, RI Highway Maintenance Facility.
2. Coastal Resources Management, Cease and Desist Order, Thomas Jones, 234 Riverside Drive (02915).
3. Coastal Resources Management Council Administrative Procedures Act proposed changes Table 4A, Public Hearing on April 12, 2011 at 6pm at the Administration Building, Conference Room A, One Capitol Hill, Providence.
4. Resolutions from the Town of Burrillville on the following: resolution in support S0063 and H5187 validating and ratifying amendments to the home rule charter, resolution in support of State Board of Elections request for legislation that would repeal the maximum number of voters in a polling place (RIGL 17-11-1), resolution in support of the Board of Elections proposed legislation to standardize poll opening and closing times.
5. Coastal Resources Management Council Semi-Monthly Meeting – Full Council, Tuesday, March 8, 2011 at 4pm , Conference Room C, Administration Building, One Capitol Hill, Providence.
6. Notice of New Property Number, 15 Brightridge Avenue, map 307, block 36, parcel 012.00, zoning residential 4.
7. Coastal Resources Management Council Management Procedures, Revision Section 4.2, public hearing Tuesday, April 26, 2011, Conference Room A, Administration Building, One Capitol Hill, Providence, RI at 6pm.
B. Cancellation/Abatements
| Year | |
| 2010 | $225.56 |
| 2009 | $517.17 |
| 2008 | $17.81 |
| Total | $760.54 |
C. Alcoholic Beverage Class F-1
1.St Mary Academy – Bay View, Manhattan at the Bay, 3070 Pawtucket Avenue (02915), April 29-April 30, 2011.
D. Vict Over 50
1.Carmine and Louie’s, Inc., 99 Hicks Street (02914)
E. Vict Not Over 25
1.East Bay Food Mart, 244 Taunton Avenue (02914)
2.Vic’s Sub Shop, 194 Newport Avenue (02916)
F. Holiday Sales
1.East Bay Food Mart, 244 Taunton Avenue (02914)
G. Council Journal January18, 2011
Council Executive Journal January 18, 2011
A motion to approve the Consent Calendar is made by Councilwoman Kleyla, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.
1. James Briden, 17 Hollow Ridge Road (02916) - Pond View
2. Nancy Capineri, 6 Sutcliff Circle (02916) - Pond View
3. Jim Miller, 94 Clyde Avenue (02914) - Rebuilding Together
4. Annette Lloyd, 121 Don Avenue (02916) - Pond View
5. Peter Oppenheimer, 22 Woburn Road (02916) - Pond View
6. Jennifer Wall from EPPC, 59 Rosemere Avenue (02916) - Flamingo Fundraiser
1. Economic Development (by Assistant Mayor Rose)
Maria Lindia, 33 Milburn Avenue (02914)
A motion to approve is made by Assistant Mayor Rose, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous.
2. Library Board of Trustees – Reappoint. (by Councilman DiGioia)
1. Barbara McGovern, 125 Holland Avenue (02915)
A motion to approve is made by Councilman DiGioia, seconded by Councilman Conley and on a roll call vote it is unanimous.
3. Library Board of Trustees (by Councilman Conley)
Pat Armstrong, 33 Berwick Place (02916)
A motion to approve is made by Councilman Conley, seconded by Councilman DiGioia and on a roll call vote it is unanimous.
4. Beautification Committee (by Mayor Rogers)
Marge Fleck, 15 Viola Avenue (02915)
A motion to approve is made by Councilman Conley, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.
A.Vict Not Over 25
1. Hibachi Grill Supreme Buffet, Inc., 58 Newport Avnue (02916), Xue Juan Ren, 18 Revere Avenue, Warwick (02893)
A motion to approve is made by Assistant Mayor Rose, seconded by Councilman Conley and on a roll call vote it is unanimous.
2. Convenience Donuts, Inc. DBA Dunkin Donuts, 481 Warren Avenue (02914), Carmen Martins, 95 Rice Avenue (02914)
A motion to approve is made by Assistant Mayor Rose, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous.
3. Martins Petroleum, Inc., 481 Warren Avenue (02914), Carmen Martins, 95 Rice Avenue (02914)
A motion to approve is made by Assistant Mayor Rose, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous.
B. Holiday Sales
Martins Petroleum, Inc., 481 Warren Avenue (02914), Carmen Martins, 95 Rice Avenue (02914)
A motion to approve is made by Assistant Mayor Rose, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous.
C. B-Limited Vict – 6 Month Review
Jared Aronson DBA Riverside Kitchen, 467 Willet Avenue (02915)
Mayor Rogers asked the City Clerk to provide background.
The City Clerk stated the previous Council granted the license with a 6 month review and the stipulation that alcohol could only be served up to 7:00pm. The matter before the Council now was not put back on as a public hearing per Assistant Solicitor Craven's view of matter, however the two previous witnesses opposing the liquor license where informed by certified letter that this would take place, however only one return receipt was sent back. The Clerk adds that according to Assistant Solicitor Craven following a review of the stipulation if Council so chose they could grant a full license.
Assistant Solicitor DiCenso who is serving as Solicitor at this meeting concurs with the ruling.
Mr. Aaronson states his hours of operation would be 10pm at the latest, open from 7am-10pm 6 days a week, closing at 2pm on Sundays.
Councilman Conley states that prior approval was subject to review in 6 months and the stipulation at that time was to limit the time period to 7pm. He asks the Clerk what was the basis for this decision.
The City Clerk responds that she believes it was due to the concern of the neighbors, parking situations and the fact that people might stay later and cause more parking problems on the street in the future.
Councilman Conley stated it is his understanding the stipulation was a response to concerns from neighbors and he asked Mr. Aaronson if he has had any discussions with the neighbors.
Mr. Aaronson states he has had no issues with the police or anything and that he has not heard any complaints adding that there have been no problems with litter or anything that he keeps things very clean.
Testifying against lifting the stipulation:
Lolly McShane, she states she has no issue but wanted to be heard because she wasn't sure that the owner was even granted the license as he seems to be closed at 7 or 8 at night. She just doesn't want it open after that time as a couple times people were blocking her driveway and she had to ask them to move. She has lived in this house since 1987 and the restaurant has always been a breakfast and lunch place, closing at 2:00PM and there are only a few booths in the restaurant.
Richard Thomas, 7 Charlotte Street
Mr. Thomas states the previous Council was reluctant to give him the license. He is not interested in hurting or putting Mr. Aaronson out of business but he can't even get a liquor vendor to deliver to the restaurant because he's too small. He just likes to aggravate us by plowing the snow in front of our house. He hasn't been a good neighbor. We don't want the hours to go beyond 9:00pm.
Mayor Rogers asked Mr. Thomas if he called police or city hall.
Mr. Thomas stated that yes he had a while back when Mr. Aaronson was driving a large tanker truck and was parking it in front of Mr. Thomas' house where there was no parking. Mr. Thomas added that Mr. Aaronson was verbally aggressive. The police came twice and Mr. Aaronson stopped. This was a little over a year ago. The restaurant has 12 stools and 2 booths we have a concern as to what goes on there.
Mayor Rogers calls the Chief Tavares to the podium and the Chief indicates there have been no problems brought to his attention of any chronic issues.
A motion to approve is made by Councilwoman Kleyla, seconded by Assistant Mayor Rose
Under discussion Councilman Conley states the stipulation has been to serve alcohol until 7:00PM and that apparently has worked out well. Mr. Thomas has appeared to reach out with a compromise of closing at 9:00PM and that is what the neighbors are willing to offer. I would support that stipulation of 9:00PM as opposed to 1:00AM.
Councilwoman Kleyla asked Mr. Aaronson if he plans to be open until 1:00AM. Mr. Aaronson states no, if he can have a crew to shut down at 10:00PM then that would be good as he is just looking for the same treatment as other establishments in the area.
Mayor Rogers states this Council has the right to bring Mr. Aaronson back before the Council for a Show Cause Hearing if complaints take place which is the same as applies to any other license holder.
Mr. Aaronson adds that McLaughlin and Moran have made a delivery to his restaurant.
On the roll call vote Councilman Conley stated that he wants to see Mr. Aaronson succeed and neighbors have offered a compromise but you have stated it's all or nothing and this has made it difficult for me to support.
the motion passes 3-2 with Councilman Conley and Councilman DiGioia voting Nay
D. Wrecker/Towing
Advanced Towing, Inc., 338 Massasoit Avenue (02914), Wayne Motta, Jr., 25 Noble Street, Seekonk, MA 02771.
The Council asked questions regarding whether or not there is a fenced in yard and proper lighting and Mr. Motta replies yes to both.
Councilman Conley asks if the location of 338 Massasoit Avenue has an office?
Mr. Motta states that when the license is approved he will put one there. There is a fence and gate currently. There is nothing else there it was previously just a storage lot owned by Joseph Braga and it is zoned for this purpose. The last person who rented space used it as a donation center.
Councilman Conley asked if there is no office then how is someone going to be able to retrieve their car? Mr. Motta stated we will have an office there once the license is approved.
Councilman Conley stated that they would want him to be a good business neighbor and they need to have someone on the premises for cars they tow or concerns the neighbors may have.
Mr. Motta stated that he tows for both Seekonk and Rehoboth Police Departments. This location is strictly a storage facility.
Assistant Solicitor DiCenso asks various questions from the ordinance pertaining to tow operators such as the size of the lot and zoning variance.
Councilman DiGioia states that he would like to let the Council know that the Chief of Police of Seekonk did provide a letter of recommendation for Mr. Motta which is included in the Council packet.
A motion to make the letter received from the Chief of Police in Seekonk part of the record is made by Councilman DiGioia, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.
A motion to approve is made by Councilwoman Kleyla, seconded by Assistant Mayor Rose
Under discussion Councilman Conley stated his concern that currently there is not an office on site which can be responsive to neighbors etc... he would ask that the issuance of license be withheld until there is an office on the premises and that the building meet all codes. He also asks if that is ok with the maker of the motion if they would amend their motion.
Councilwoman Kleyla stated that she didn't wish to amend the motion and she moves the question. She adds that there is an understanding that for a viable business that the building is a necessary component and there is no need for him to return to discuss it further.
When the roll is called Councilman Conley states he was not asking the applicant to come back again but rather that the issuance of the license be conditional upon an onsite office so because this business could technically open tomorrow without the building not he will be voting Nay.
Councilman DiGioia states he is in agreement and votes Nay on procedural grounds.
Councilwoman Kleyla states that her motion reflects that if he has to be in all compliance with all the rules and regulations governing his business and the building is one of them then the building must be present to have the business.
Assistant Solicitor DiCenso states that because he has represented before the Council that he would have a building then subject to his representation in the future if this doesn't come to fruition then the approval of the license is not valid.
the motion passes 3-2 with Councilman Conley and Councilman DiGioia voting Nay.
E. Private Detective
Jonathan Katzen, 9 Josephine Avenue (02916)
A motion to approve is made by Councilwoman Kleyla, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.
A. B Full Privilege
Hibachi Grill Supreme Buffet, Inc., 58 Newport Avnue (02916), Xue Juan Ren, 18 Revere Avenue, Warwick (02893)
A motion to approve is made by Councilman Conley, seconded by Councilman DiGioia and on a roll call vote it is unanimous.
A. City Managers Report (by Interim City Manager Orlando Andreoni)
1. Federal HOME Loans Consortium
The City Manager states this is a program that the Planning Department has been working on and he asks David Bachrach to present.
Mr. Bachrach states that presently they have been researching the potential of forming a home consortia with communities along the East Bay to access federal funds for affordable housing renovations, first time home buying and actual development of affordable housing.
2. Food Pantry
The City Manager announces the establishment of a food pantry with the Affirmative Action Officer, Elmer Pina. Anyone who would like to contribute food it will be located on the 2nd floor of City Hall and is accepting deposits of canned goods and bottled goods. These will help many families in East Providence who are hungry and really need food. Director Pina was called to the podium to explain the program.
3. Wireless Connectivity for Conference Rooms at City Hall
The City Manager reports that there is no wireless connectivity in any of the rooms including the conference rooms which makes it very difficult to hold meetings. He spoke with the IT Director, Lori Fox who was able to get a price to add Wi-Fi to the whole building for a cost of $8,000 unfortunately at this time this is something the City cannot afford. He would like to instead try do equip maybe one or two of the conference rooms with Wi-Fi at this time.
B. Reports of Other City Officials
1. Claims Committee Report (by Assistant Solicitor Gina DiCenso)
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, MARCH 1, 2011; ROOM 101; 7:00 P.M.
====================================================================
NEW CLAIMS
PETER MIHAILIDES $149.78
RM No. 11-006, Claim No. 11-003
Claim for reimbursement of expenses incurred for damage to claimant’s vehicle sustained as a result of striking a pothole on Forbes Street. See recommendation of the Director of Public Works.
Motion by: Councilman Rose Seconded by: Councilwoman Kleyla
Motion: Approve the claim in the amount of $149.78.
| VOTE | MAYOR ROGERS | COUNCILMAN CONLEY | COUNCILMAN DiGIOIA | COUNCILWOMAN KLEYLA | COUNCILMAN ROSE |
| Aye | √ | √ | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
PAUL & ERIN PELLEGRINO $309.03
RM No. 11-009, Claim No. 11-005
Claim for reimbursement of expenses incurred for damage to claimants’ vehicle sustained as a result of striking a pothole on North Broadway. See recommendation of the Director of Public Works.
Motion by: Councilman DiGioia Seconded by: Councilman Rose
Motion: Approve the claim in the amount of $309.03.
| VOTE | MAYOR ROGERS | COUNCILMAN CONLEY | COUNCILMAN DiGIOIA | COUNCILWOMAN KLEYLA | COUNCILMAN ROSE |
| Aye | √ | √ | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
Pursuant to R.I.G.L. § 42-46-5(a)(2), a motion is made by Councilwoman Kleyla 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 – Absent, Councilwoman Kleyla – Aye, Councilman Rose – Aye, the motion is approved 4-0.
EAST PROVIDENCE CLAIMS COMMITTEE
CLAIMS & LITIGATION REPORT
TUESDAY, MARCH 15, 2011; ROOM 101; 6:45 P.M.
====================================================================
NEW CLAIMS
HILDA P. LEITAO $323.00
RM No. 11-013, Claim No. 11-007
Claim for reimbursement of expenses incurred as a result of a sewer backup. See recommendation of the Director of Public Works.
Motion by: Councilman Rose Seconded by: Councilwoman Kleyla
Motion: Approve the claim in the amount of $323.00.
| VOTE | MAYOR ROGERS | COUNCILMAN CONLEY | COUNCILMAN DiGIOIA | COUNCILWOMAN KLEYLA | COUNCILMAN ROSE |
| Aye | √ | √ | | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | √ | | |
METLIFE AUTO & HOME $5,378.52
(INSURED: JOSE & ODILIA LUCAS)
RM No. 11-020, Claim No. 11-013
Subrogation claim for property damage to insured’s vehicle involved in an accident with a police vehicle. Recommend referral to insurance carrier.
Motion by: Councilman Rose Seconded by: Councilwoman Kleyla
Motion: Refer the claim to the insurance carrier.
| VOTE | MAYOR ROGERS | COUNCILMAN CONLEY | COUNCILMAN DiGIOIA | COUNCILWOMAN KLEYLA | COUNCILMAN ROSE |
| Aye | √ | √ | | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | √ | | |
Councilman DiGioia arrives at the meeting.
CHERYL MORONI $173.83
RM No. 11-016, Claim No. 11-009
Claim for reimbursement of expenses incurred for damage to claimant’s vehicle sustained as a result of striking a pothole on Commercial Way. See recommendation of the Director of Public Works.
Motion by: Councilman Conley Seconded by: Councilwoman Kleyla
Motion: Approve the claim in the amount of $173.83.
| VOTE | MAYOR ROGERS | COUNCILMAN CONLEY | COUNCILMAN DiGIOIA | COUNCILWOMAN KLEYLA | COUNCILMAN ROSE |
| Aye | √ | √ | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
DAVID PRUETT $Unspecified
RM No. 11-007, Claim No. 11-004
Claim for property damage to a chain link fence and gate sustained during snow plowing operations. See recommendation of the Director of Public Works.
Motion by: Councilwoman Kleyla Seconded by: Councilman Rose
Motion: Refer the claim to the Department of Public Works to repair the fence and gate.
| VOTE | MAYOR ROGERS | COUNCILMAN CONLEY | COUNCILMAN DiGIOIA | COUNCILWOMAN KLEYLA | COUNCILMAN ROSE |
| Aye | √ | √ | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
TIMOTHY SERBST $465.77
RM No. 11-012, Claim No. 11-006
Claim for reimbursement of expenses incurred for damage to claimant’s vehicle sustained as a result of striking a pothole at the intersection of Broadway and Baker Street. See recommendation of the Director of Public Works.
Motion by: Councilman Rose Seconded by: Councilwoman Kleyla
Motion: Deny the claim.
| VOTE | MAYOR ROGERS | COUNCILMAN CONLEY | COUNCILMAN DiGIOIA | COUNCILWOMAN KLEYLA | COUNCILMAN ROSE |
| Aye | √ | √ | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
CLAIMS FOR RECONSIDERATION
MARIE BARROS $322.88
RM No. 10-064, Claim No. 10-047
Claim for reimbursement of expenses incurred for property damage to vehicle that struck a utility trench on Maplewood Street. See recommendation of the Director of Public Works. NOTE: The Claims Committee voted at its meeting held on November 9, 2010 to deny the claim.
Motion by: Councilman Rose Seconded by: Councilwoman Kleyla
Motion: Approve the claim in the amount of $322.88.
| VOTE | MAYOR ROGERS | COUNCILMAN CONLEY | COUNCILMAN DiGIOIA | COUNCILWOMAN KLEYLA | COUNCILMAN ROSE |
| Aye | √ | √ | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
A motion to approve the Claims Committee Reports from March 1, 2011 and March 15, 2011, is made by Councilwoman Kleyla, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.
C. Council Members
1. Marrow Drive Opportunity (by Councilwoman Kleyla)
Councilwoman Kleyla announces that the RI Blood Center will be giving a presentation on Bone Marrow donors adding that it is not as scary as it used to be and it is very important. Nicole Pineault, 30 Paquin Avenue in North Providence provides the presentation on behalf of the RI Blood Center. She also let people know there will be a blood drive at City Hall on Friday from 10:00am-1:00pm and when you donate blood you can sign up to get it screened to be placed on the Be The Match List.
2. Work Session of the Council and School Committee, March 21, 2011 at 6:00PM (by Councilwoman Kleyla)
Councilwoman Kleyla reminds people that the work session is being held this Monday evening in the Council Chambers and there will be a lot to be discussed and she encourages the public to attend. The agenda will be posted on Thursday.
3. Update Help for the Needy (by Mayor Rogers)
The Mayor provided an update regarding his plea to an elderly couple in East Providence who were in need of food. Noting it's been an overwhelming and that the United Apprentice, UA Local 51, Bob Walker, Charity Unit, contributed a $250 gift certificate to Shaws or Stop and Shop and he donated more via oil assistance to a family. They were able to negotiate a discount from Woods for 100 gallons of oil. Bob Walker also arranged for $415 to be donated to the Food Pantry at City Hall to purchase gift cards etc... Bob Rock, the Senior Center Director maintains a small food pantry at the Senior Center and elderly can have their luncheon meal there for $3 per meal at noon meal each day, the fee is not required and he can offer transportation as well and this will really hlep the elderly couple both for the meal and socialization. Anyone can take advantage of all the Senior Center has to offer. There is also a food pantry at East Bay Community Action which is located at the old Riverside Junior High, there is no requirement necessary it's available to all residents of East Providence. The Mayor thanked everyone who contributed and reminded people if they wanted to contribute there is a food bin in the lobby and in the back of the Council Chambers.
Unanimous consent is requested by the Mayor for two items regarding the work session for the grant writing team and AARP Income Tax Service. Unanimous Consent is granted.
The Mayor reports the AARP Income Tax Service is all done by volunteers in the lobby of City Hall. They started on February 1st and will be there until April 12th and it is an income tax service offered to the elderly on Tuesdays from 9:00am-12:00pm.
The Mayor states that we need to move forward to have a work session with the City Manager, the Fire Chief and the Fire Department grant writing team. A meeting has not yet been scheduled and the grant is time sensitive and it needs to be done and he would like to see this set up tonight.
The City Manager states that the City doesn't have a Finance Director and Jim McDonald is not in every day but that he will check with Jim, HR and the Labor Attorney meet concerning the addition costs which will be incurred if we go forward with the grant because there are items not covered by the grant.
Mayor Rogers stated either way this has to be resolved and they need to have this work reviewed so that the City Manager can make a decision.
The City Manager stated that Mr. McDonald has the information to review and will try to have it done by the end of the week.
4. City Manager Search Committee Update (by Councilman DiGioia)
Councilman DiGioia reported that the joint session of the City Council and the City Manager Search Committee met on March 7th. It was a very successful and useful meeting and the advertisement for the next City Manager was finalized and went out on March 14th it will run for 30 days and there have been a few responses already. After the 30 days the committee will have 30 days to then screen all the resumes. The committee is currently working on the pattern for screening there will be two more meetings to clarify these ideas before the deadline of the advertisement.
5. Forbes Street Solar Project Update (by Councilman DiGioia)
Councilman DiGioia reported there was a meeting held at the Riverside Middle School on March 14th and it was a wonderful turnout, Senator Devall, Representative Savage, the City Council sc members reps of cicilline city officials planning public works presentations and tough questions cme reps bill martin also took on question reps of DEM answered questions lively debate some of the concerns raised revenue cost contamination construction wetland landfill capping and over all theme water drainage prob these comm mtgs viatallly important
mayor biggest concner heard the water table problem and if this would raise that water table prob the cme didn't think it would before I vote on this issue wish part of the feasibility study include the water table flooding for years there
conley lyes right in characterizing the qualities of the proj and despite those it is clear the principle concern is the water table and if the answer is it is not going to have we need to answer that quest
6. Governor Chafee’s Budget (by Councilman DiGioia)
gov chaf introd a budget and it is vital that the council analize and disect how it effects ep it will egfect our budget and the discussion needs to begin nowencourage each member to read adn study the proposal reach out and discuss with our delegation this city adn city council is in a unique position with house and sen finance chairs from ep in addition this budget addresses the pensions in municipalties more state aid to cities who put more funding in pensions would like to know the council should be updated by cm and finance what are we doing w the transparency fund are we looking into the numbers will it save ep money is it beneficial we need the fin data and they should reach out to the ep delegation how does it effect the city what are the numbers analysis municipal accountabliitiuy stability fund recommended contrinuyion for the city moodys wrote that hti sproposal will benefit cities and towns and have a positive effect on the credit worthiness
7. Labor Day Parade (by Assistant Mayor Rose)
this is somehting tha twould bring back townie pride and help wiht the all ameriocan city progrtam riverside parade for many yeas spring and summer sports this would be more towards fall sports adn bands and surrounding cities years ago there used to be the paolice parade contacted businesses over the next few weeks setting up a comm get poeople involved contact me Jim Miller wants to help
8. Office Hours (by Assistant Mayor Rose)
my morning office hours switching to the monday nights which have been more effective 3:30-7:30
9. The Big Picture v. The Big Three (by Councilman Conley)
in new england it's pearce garner and allen in ep its time clocks name badges and tow lists and this has prevented the cc from dealing wiht the big picture our finances and have wasted a lot of time on inconsequential matters and what I have tried to present ot the council as the big picture. hands out. refer to hand out as part of the record. In dec 2010 introduction hoped to have follow up from cc and admin on Jan 4 deficit red plan on jan 18 the interim cm approach to reviewing our current budget in prep of the next years budget on Feb 15 again the def red plan and asked for specific info we need to give admin policy and direction despite repeated efforts right now I know more about time clocks name badges and tow lists than I do about the financial health of our city have not received a financial report yet but a 3 ring binder on the tow list refer to hand out as part of the record which goes over the various goals, participatory gov, establishing our financial stability, reexamine fy 2010 2011 budget, deficit reduction plan, the need to readdress the last cc vote to raise taxes and fees by 13.7 percent thank the ff for the concession bargaining fair to say the ff came to the table for us in a meaningful way however we have not received a report from admin, safer grant response was a 3 sentence document that said we shouldn't do this, understand lack of fin dir but you need to buckle down and gert at this info and the council needs to receive it timely and we need to show leadership by addressing these priorities, consolidation discussion but not progress, look at consolidation of benefits, reexamine agreement w city and united water, wrok on great cinnybutt for businesses, 5 year plan, software packages to expedite the process for businesses, an umbudsman appointed for significant project from planning/econ dev, ri econ dev programs for local comm, regionalization of services, take on these hard issues if we fail we cna at least hold our heads high that we tried right now we are not even trying hope on my next report on the big pcuture we have mad eprogress on every single one
Mayor the combo mtg w school comm exact what these are for and I would also like to know the status of these issues from the cm
10. Digital Signs (by Councilman Conley)
curious package of papers re digital signs w a memo to the cc from the planning bd that states that a mtg of the planning bd the bd discussed a recent req for an advisory opinion re digital signs cc didn't ask? prior to taking any new positions the bd wanted ot look at the history had legal questions and saught adv from teh cs time and temp ok whil eprohibiting other signs bd voted 4-0 to abstain pending receiving the necc info next doc a proposed amend to digital sign ord req by the mayor law dept memo w one sentence in acting cm to the zoning off the law depts opinion that the digital signs set forth for sunoco and or shell or a time temp is not the type of sign intended to be prohibited in teh city no analysis w it mayor you work for shell and if your employer has a principal int you should not have taken it upon yourself to ask for this on behalf of your empl and it should have been clear that it wasn't comoing from the council but one member see the digital signs growing to the tow list issue this will take our attention away from the imp issues would like a lot more info from zoning and alaysis from teh law dept and why they are not of the type prohibited byu our ord
mayor spend alot of time in city hall on behalf of const it was a constit that came to the assist mayor and the licenses we greanted tonight asked why we did not allow digital signs you were ccd all my memos sicne dec 1 asking why they are not allowed one exists now on the sunoco station for hte lic we just approved which the solicitior marked that ord on dec 1 asking if items should be changed asking can we present this to the council to be rewritten for two of my const in the city as part of a bus frineldy comm going up to change the numbers etc is dangerous this is why I didn't have a prob soupporing I did not asked for a ruling apparently it was asked on my behalf and the sol mt w the zonign officer and sattate all along those types were allowed you received cc's to the whole council
11. City of East Providence v. United Steel Workers, Local 15509 – ULP No. 6021 (by Councilman Conley)
referred to this in passing earlier on the docket except how disappointed I am that we keep running into additional costs alleged we violated labor laws it alleges that the city entered into negotiations and that then the city entered into a potential agreement and then at that point the city refused to implement the agreement or even meet to finalize the agreement to try to comply with the required labor laws and if it's true it's very disturbing and there will be another price tag added ot the already mounting bills from teh last council for this kind of misconduct
12. City Telephone System (by Councilman Conley)
one of the tech issues we addresses was an update to the phone system understand the budget concerns also concerns comm accessibility to city empl this is also important we do not have an officiant telephone system info we received at the tech mtg we average 500 per month in centrex charges and the bids show that a return investment would be in 2-3 years cbcisco recomm by everyone info for the lease options resulted in a savings of between 60-70 and more after that the vendor was an ep vendor we'll be on the ground floor instead of getting the off market vendor its in the budget based on presentation we received curious why we were not following up
cm still have some concerns spoke to adp re a time attendence program working on the computer because of our accounting system desperately needed will the software work together one device not speaking to the other device
D. Resolutions
Resolution to allow the following Question to be Placed on the Ballot at the Next General Election: Question allowing the City Charter of the City of East Providence to be amended to hold the Inauguration of a newly certified City Council to be held on the eighth day following the date of the election
WHEREAS, the Home Rule Charter for the City of East Providence was originally adopted by the Town of East Providence in September 1954; and
WHEREAS, Article XIII, Sec. 8 of the Rhode Island Constitution allows for the legislative body of any city or town to propose amendment to the Charter, which amendments shall be submitted for approval to the qualified electors of the City at a general or special election; and
WHEREAS, it is in the best interest of the residents of the City of East Providence that newly-elected officials be sworn into office as expeditiously as is legally permissible; and
WHEREAS, the current provision of the City Charter Sec. 2-7 establishes that the first meeting of newly elected officials shall be held at noon on the first Monday of the month immediately following the regular election; and
WHEREAS, the City Council desires to amend the city charter to establish the date that the newly elected officials be sworn into office be the eighth day following the election;
NOW, THEREFORE, BE IT RESOLVED that this proposed Charter amendment question be placed on the ballot in the next general election.
BE IT FURTHER RESOLVED that the ballot question expressly state that the amendment becomes effective upon passage without further action.
This Resolution shall become effective upon its passage.
Requested By: Mayor Rogers
Assistant Solicitor DiCenso provided background and research regarding the resolution.
Mayor Rogers stated he brought this on earlier in the year to address the deficit both the Council and School Committee left, much of it happening at the end of their tenure after the election had already taken place, these items were put in by a lame duck Council and School Committee.
Councilman DiGioia stated he would not support the resolution because of the fact that a recount can take longer than the 8 days the law allows. These dates are put in our Charter for a reason. Adding he feels it is unnecessary and problematic.
Assistant Mayor Rose stated he will be supporting this for the simple reason that because this was not in place during the last election the lame duck Council and School Committee cost the City a lot of money.
Councilwoman Kleyla referenced the previous election as Councilman DiGioia stated they didn't attend the inauguration and that could take place again in the future and moving forward if it became evident there was going to be a recount then they can't get sworn in but the lame duck issue could be resolved. So a recount isn't really a relative issue, adding that the majority of the time there is not going to be a recount.
Councilman Conley what would be the solution under the recount circumstance if you swear in on the 8th day and the recount has not been completed, there is an open seat, would you really want to inaugurate a Council without that district being represented? Could the former Council person stay in until the recount was decided?
Assistant Solicitor DiCenso stated the first meeting date is not changed, the former Council can't act because there isn't a majority, the new Council is certified there may be one hold-over or two but five hold-overs are unlikely to take place. They would be sworn in as soon as they are certified. Even in the 11th hour. The answer regarding what would happen to the seat is that it would remain open. The term of an elected official is a fixed term and cannot be attended by State law. But really how is it different from any challenge, for example in Mr. Larisa's case, it was brought to Superior Court, it could extend beyond the December 1st date.
Councilman Conley, correct but using the 8th day increases the option for that challenge and without a ward being represented. The way the resolution is written is that references newly elected officials is that to include Council and School Committee. Also if passed how would the question appear on the ballot?
Assistant Solicitor DiCenso states it was only to apply to the Council. The question is what is worked on with the Board of Elections and the City Clerk.
Councilman Conley stated this needs to be thought about a little bit. Also the question on whether or not we want this to be both the Council and School Committee and also the question needs to be clear and not an afterthought.
Councilwoman Kleyla asked if this were to pass at what point would this be discussed with the Board of Elections, right before the election?
The Clerk stated the Solicitor formulated the question and sent this to the Secretary of State's office after the resolution was passed, this took place sometime in August.
Assistant Solicitor DiCenso stated that we do have time and she would be happy to go back and draft the language of the question and would ask for clarification on whether or not you wish to include the School Committee and then bring this back to the Council for approval.
A motion is made to defer the item until the law department can make the revisions as discussed this evening and to provide a draft of the question is made by Councilwoman Kleyla, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.
E. Introduction of Ordinances
1. An ordinance regarding no parking on a section of Summit Street.
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:
Summit Street (east side) from Cross Street to a point 45 feet north
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
Mayor Rogers stated this issue has been going on since 2002 and the Police Department provided a report to the Director of Public Works and agreed that no parking should be in this location. He made the request on behalf of constituents on the street.
A motion to approve is made by Assistant Mayor Rose, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous.
F. Communications
1. Jack Walsh, 1 Dexter Road, TLA/Pond View Recycling requesting to address the Council regarding a review of company policy and to provide Council with an overview of what TLA/Pond View does as well as to clear up any inaccuracies and provide Council with the opportunity to ask questions.
Mr. Walsh contacted the Clerk's office and asked to be deferred until he contacted the Clerk's office again to be placed on a docket.
2. Wayne Motta, Jr. from Advanced Towing, Inc, 45C Woodland Avenue, Seekonk, MA, 02771 requesting to address the Council regarding being placed on the East Providence Towing Rotation List for the EPPD.
Mr. Motta addressed the Council regarding being placed on the docket regarding being placed on the EPPD list.
Assistant Solicitor DiCenso stated that the law department is currently compiling all the regulations for tow companies.
Mayor Rogers stated that since it's a communication with no vote being taken tonight we can instruct the Solicitor to come up with any documentation and through the City Clerk's office you can pick that up, take a look at the requirements and then come back to Council for approval is you so desire and the Council can take that up.
The Assistant Solicitor agrees to have this prepared in two weeks time and Mr. Motta accepts this.
3. Jennifer Wall from the East Providence Prevention Coalition requesting to address the Council regarding the Flamingo Fundraiser for the EPHS Post Prom Event.
This item was moved to the public comment section at the beginning of the docket.
A motion to adjourn is made by Councilwoman Kleyla, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.
Approved By Council: September 20, 2012
Attest: ________________
City Clerk