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

 

 

I.       Regular Meeting

II.     Call to Order

 

Attendee Name	Title	Status	Arrived
William Conley Jr	Councilman	Present
Michael DiGioia	Councilman	Present
Katie Kleyla	Councilwoman	Present
Thomas Rose Jr.	Assistant Mayor	Present
Bruce Rogers	Mayor	Present

III.    Salute to the Flag

IV.     CONSENT CALENDAR

The motion was to pass the Consent Calendar with the removal of the June 7, 2011 Council Journal removed. 

 

RESULT:            ADOPTED AS AMENDED [UNANIMOUS]

MOVER:           Katie Kleyla, Councilwoman

SECONDER:     Thomas Rose Jr., Assistant Mayor

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

A. Letters

1.   Information Item (ID # 1339)

Coastal Resources Management Council Cease and Desist Order to Michael and Leigh Eddy of 47 Carousel Drive (02915) Alteration to Buffer Zone Map 414, Block 01, Parcel 007.

2.   Information Item (ID # 1340)

Coastal Resources Management Council Cease and Desist Order to Alexander and Theresa Kowal of 45 Carousel Drive Failed to Establish/Maintain the Required Buffer Zone Map 414, Block 01, Parcel 008.

3.   Information Item (ID # 1341)

Coastal Resources Management Council Agenda Semi-Monthly Meeting, Tuesday, September 27, 2011, 6:00PM, Conference Room A, Administration Building, One Capitol Hill, Providence, RI.

4.   Information Item (ID # 1342)

Letter of Resignation Received from Planning Board Member Matthew Robinson, 34 Lakeside Street (02915)

B.  Licenses

1.   Information Item (ID # 1331)

Class F - 1 St Mary Academy - Bay View, Performing Arts Event, November 4-6, 2011.

2.   Information Item (ID # 1332)

Wrecker Tower License Sung Towing, 111 Warren Avenue (02914), Paulo Neves, 54 Valley Brook Drive.

C.  Council Journals

1.   Information Item (ID # 1346)

Regular Council Meetings May 17, 2011 and June 7, 2011

V.      Public Comment

1. Andrea Vastis - TLA/Pond View Resolution

2. Christina Chase - TLA/Pond View

3. Nancy Capinieri - TLA/Pond View

4. John Staniunas -  TLA/Pond View

5. Chris Ontso - Speaking and TLA

6. Christine Patterson - TLA/Pond View

7. William Fontes - Affirmative Action

8. Karen Franks - Affirmative Action

9. Tom Riley - Recycling

VI.     Appointments

1.   Resolution 2011-3

RESOLUTION OBJECTING TO THE GRANTING OF A LICENSE TO TLA/POND VIEW ALLOWING THE ACCEPTANCE AND/OR PROCESSING OF CONSTRUCTION AND DEMOLITION DEBRIS IN EXCESS OF 150 TONS PER DAY

 

COMMENTS - Current Meeting:

This item was moved up on the docket as a request by Councilwoman Kleyla and there were no objections to changing the order of the docket.

2.   Motion To:         Motion is made to return to the regular order of business.

 

 

3.   Agenda Item (ID # 1343)

Juvenille Board Re-Appointment Mildred Morris, 419 Dover Avenue (02915)

 

4.   Agenda Item (ID # 1344)

Planning Board - Alternate  Christopher Grant, 16 Allison Court (02915)

 

VII.   Public Hearings

1.   Agenda Item (ID # 1330)

Agipari Enterprises, Inc. DBA Roosters Grill, 664 Bullocks Point Avenue (02915) Applicant Panagiotis Sofikitis, 15 Maple Avenue, Apt 2 (02915)

VIII.  Ordinances Final Passage - Public Hearing

1.   Ordinance 2011-2

ORDINANCE OF THE CITY OF EAST PROVIDENCE APPROVING THE FINANCING OF IMPROVEMENTS TO THE EAST PROVIDENCE WATER SYSTEM AND ATTENDANT EXPENSES INCLUDING BUT NOT LIMITED TO ENGINEERING COSTS AND APPROVING THE ISSUANCE OF WATER REVENUE BONDS AND NOTES THEREFOR IN AN AMOUNT NOT TO EXCEED $2,100,000

 

COMMENTS - Current Meeting:

Director of Public Works Coutu testified explaining this bond allows for the finance of the water main improvements which have been ongoing.  It has been very successful so far. 

IX.     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.   Agenda Item (ID # 1333)

Authorization Granting to Renew Subject Licenses, Excluding Alcoholic Beverage Licenses, for Year Commencing December 1, 2011 Upon Application by Licensee and Approval by Chief of Police And, as Required, by Health Inspector and Other City Officials.

X.      New Business

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

1.   Agenda Item (ID # 1323)

Contract Award for Police Uniforms

 

COMMENTS - Current Meeting:

Councilman Conley stated he reviewed information which was forwarded to Council and he moves to award the contract. 

Mayor Rogers asked that in the future for these types of requests to be addressed at the Council meetings and in the future if the City Manager cannot be present please have someone address them on his behalf. 

B.  Claims Committee Report (9/20/11) By Assistant Solicitor Robert Craven

1.   Motion To:         Claims Committee Report

RESULT:            APPROVED [UNANIMOUS]

MOVER:           Katie Kleyla, Councilwoman

SECONDER:     Thomas Rose Jr., Assistant Mayor

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

 

COMMENTS - Current Meeting:

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, SEPTEMBER 20, 2011; ROOM 101; 7:00 P.M.

PENDING CLAIMS

 

EAST BAY ICE COMPANY       $2,400.00

RM No. 11-048, Claim No. 11-035

 

Claim for reimbursement of expenses incurred for contamination of ice sustained during hydrant flushing operations.  The Claims Committee, at its meeting held on August 16, 2011, voted to refer the matter to the Department of Public Works for further information.  See memorandum from the Director of Public Works.

 

Motion by:  Councilman Conley              Seconded by:  Councilwoman Kleyla

 

Motion: Obtain additional documentation from claimant of their damages and from Water Division personnel as to notification of the flushing operations.

C.  Council Members

1.   Information Item (ID # 1334)

Status of East Providence Police Department Cruiser Computers

 

COMMENTS - Current Meeting:

Chief Tavares testified.  He provided the status of the computers and the 12 new police cars.  Of the 12 computers, 5 have been received and the consultant, as previously discussed, will be programming those 5 in the next few days. 

2.   Information Item (ID # 1338)

Grounds Maintenance Committee

 

COMMENTS - Current Meeting:

The Mayor stated this was at the request of the Maintenance Director, Ed Catelli, he feels that having a committee such as this would help him schedule things like fertilization and field upkeep with both the City and School sides.  Members would be Ed Catelli, Tony Feola Alba Curti, Paul Amaral, Joe Medeiros, John Broden who is the President of AYSO, Mike Bartlett, and this list can be changed as needed. Those interested should contact Ed Catelli.

3.   Information Item (ID # 1337)

Winter Fest

 

COMMENTS - Current Meeting:

The Mayor stated this is similar to what is done at Slater Park in Pawtucket each year.  Christmas Trees are sponsored by people or businesses.  The Mayor requested Alba Curti, Director of Parks and Recreation to come up and explain the program. 

Director Curti explained there are 17 Tree applications which have been received so far, they can be downloaded from the website as well.  $25 per tree and each person receives a sign and two set of lights, they need to provide their own decorations.  Facades can be purchased for $250 and can be made to look like sites examples being,  the Carousel and the Lighthouse.  Freddie Ryptka and Tony Ferreira will be making the facades.  Santa will be present.  People with trees will be asked to decorate from December 1st thru December 3rd. Then from 5PM-9PM December 3rd through January 6 the lights will be on and people can walk the area.  If there are vendors who would like to purchase space at the Senior Center on December 3 and December 10 crafts will be available for sale.

D. Resolutions

1.   Motion To:         Resolution Authorizing the City Council Hiring of Peter Graczykowski as City Manager of the City of East Providence

 

COMMENTS - Current Meeting:

The Mayor stated the City Manager will start on November 7th at a lesser salary than was paid to the previous City Manager and there is a memorandum of agreement as opposed to a contract which puts the City at less of a liability. 

 

Councilman Conley made a motion to amend Section 3A of the Hiring Resolution as that portion of the resolution goes beyond the terms of the offer which was made to Mr. Graczykowski at the time that Council made it's proposal to him, it adds about $3,000 in value.  This motion is seconded by Councilman DiGioia.

Under discussion the Mayor asked Assistant Solicitor Craven if the resolution was prepared by the Law Department and he said yes it was and that it was sent for review to the Council. 

Councilman Conley stated that after the initial offer was made, the Mayor entered into negotiations and as a consequence of those negotiations an email was sent from the Personnel Director Mary Scanlon with a contract that went beyond the terms of what the Council had authorized.  He added that he responded that it was the first time he had seen the contract and it went beyond what was discussed and he was not in a position to approve it especially not by the next morning.  He stated following this the Council reconvened the Executive Session and had a discussion with Mr. Graczykowski and the next day an email was received to review again and upon review it was not consistent with the negotiations.  Councilman Conley stated that he asked the Director of Personnel to relay this to the Mayor and she appologized and stated that the Mayor had already signed the agreement because he already had a majority of votes.  Councilman Conley added this motion is in no way a lack of support of Mr. Graczykowski as being our City Manager and I want him to succeed but the contract went beyond the terms.  I am making this amendment simply to reflect what the Council as a whole had decided. 

Councilman Rose stated he voted for this agreement. 

Councilman DiGioia stated that it was not in total what they had agreed upon. 

Councilwoman Kleyla stated that the initial contract proposed had the issue which was not the hotel stay reimbursement but rather the request for the rental reimbursement which is what she was under the impression was not agreed upon and that was removed.  The hotel stay for Mr. Graczykowski in his initial transition here was not an issue. 

The Mayor stated negotiations are just that, an offer is made a counter offer is made.  He added that he wasn't happy with all the items and the Council all went back and forth and adjusted things.  He was very careful to keep sending the Council emailed updates.  He appologized for not giving an exact time period regarding replies. When the Council met for the last time in Executive Session, with Mr. Graczykowski, we went back and forth on items some were deal breakers but we came to agreements with concessions on both ends.  This is how a contract comes to be. 

The Mayor called up Mr. Graczykowski to ask if he agreed with the contract and if it contained all that they had agreed to. 

Mr. Graczykowski stated that this deal represents exactly what was agreed to at the last Executive Session and if it wasn't he would not have signed it. 

The motion to amend fails.

Councilman Conley- Aye, Councilman DiGioia - Aye, Councilwoman Kleyla - Nay, Councilman Rose - Nay, Mayor Rogers- Nay

 

A counter motion is made to accept the resolution as presented by Assistant Mayor Rose and seconded by Councilwoman Kleyla and on roll call vote Councilman Conley stated that it is important for Mr. Graczykowski to have the full support of the City Council and the motion was really about the process and that he thinks Mr. Graczykowski will do a fine job as the next City Manage and wants to welcome him to the City and votes Aye, Councilman DiGioia votes Aye, Councilwoman Kleyla votes Aye, Assistant Mayor Rose votes Aye, Mayor Rogers votes Aye.        

 

The New City Manager, Peter Graczykowski gave opening remarks that he is looking forward the new position and to moving the City forward as City Manager. 

 

E.  Introduction of Ordinances

1.   Ordinance (ID # 1328)

An Ordinance in Amendment of Chapter 16 of The  Revised Ordinances of the City of East Providence,  Rhode Island, 1998, as Amended, Entitled “Taxation”

 

2.   Ordinance (ID # 1329)

An Ordinance in Amendment of Chapter 16 of The Revised Ordinances of the City of East Providence, Rhode Island, 1998, as Amended, Entitled “Taxation”

 

3.   Ordinance (ID # 1327)

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”

4.   Ordinance 2011-3

AN ORDINANCE IN AMENDMENT OF CHAPTER 8 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “LICENSES AND BUSINESS REGULATIONS”

 

5.   Ordinance 2011-4

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”

 

COMMENTS - Current Meeting:

The motion includes bringing the ordinance back for second passage as individual ordinances for each stop sign. 

6.   Assistant Mayor Rose asks for permission to make an announcement and this is granted.

Friday night the East Providence Junior Townies and having a Spaghetti Dinner at the Brightridge Club there will be a 50/50 raffle. 

F.  Communications

1.   Information Item (ID # 1335)

Anthony Ferreira, 44 Brightridge Avenue Requesting to Address the Council Regarding Budget Talks.

 

COMMENTS - Current Meeting:

Mr. Ferreira asked if the School Committee sent forward the budget they are attempting to pass with the 7 million dollar deficit in it. 

Finance Director Eggeman was called up to answer the question and she stated yes that Council had received it and it was balanced but that it had a line item that states additional City funding of 7 million dollars. 

School Committee member Chrissy Rossi was called up and answered the question as well and stated that they forwarded a budget which was 7 million dollars short, and that they had shaved off 3 million dollars and there is no where else to find the 7 million dollars remaining. 

The Mayor stated that there was a proposal out there from the School Committee Chair with suggestions for further cuts, 13 items in total.  This has not yet been discussed or voted on.  However, the Council cannot line cut we can only cut or add funds to the budget and they decide where to cut or add the funds too.

2.   Information Item (ID # 1336)

Freddy Ryptka, 9 Cozzins Street Requesting to Address the Council Regarding the Unknown.

 

COMMENTS - Current Meeting:

Mr. Ryptka stated that he was at the School Committee meeting and that he would like to know what the School Committee is planning to cut to fill the 7 million dollar gap.

3.   Information Item (ID # 1345)

Tom Riley, 3620 Pawtucket Avenue (02915) Requesting to Address the Council Regarding TLA/Pond View: Lies, Misrepresentations and Misconceptions.

 

COMMENTS - Current Meeting:

Mr. Riley stated Pond View is not a dump.  Johnston is a dump.  Pond View is a recycling facility, the items come in and then leave via railroad cars and are transported off the property.  Nothing stays there long term. They can operate 24/7 because it's an industrial area, they have chosen not to but they could, they don't need a permit to do so.  Don't live next door to something you don't want to be next to. We need 7 million dollars and yet we are turning down hosting fees from Pond View.  This would be a million dollars a year we could have toward this budget deficit.  We are running off viable businesses that are in an area where they are supposed to be which are zoned for industrial.  

XI.     Adjournment

RESULT:            APPROVED [UNANIMOUS]

MOVER:           Katie Kleyla, Councilwoman

SECONDER:     Thomas Rose Jr., Assistant Mayor

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

 

 

Approved By Council:  November 17, 2011

 

Attest:  _______________

                   City Clerk