CITY OF EAST PROVIDENCE

RHODE ISLAND

JOURNAL OF REGULAR COUNCIL MEETING

August 21, 2012

Council Chambers, City Hall, 145 Taunton Avenue, East Providence, RI 02914

6:30 P.M. Executive Session Room 101

7:30 P.M. Open Session

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) and RI General Laws § 42-46-5 (a) (3)

A. Claims Committee

New Claims

1. Amalia & Jose Boleiro

2. Maria Lima

3. Nathan Maldonado

4. Tyler McMahon

5. Edward Ramos

6. Wayne Rosenberg

7. Antonio Tebano

8. Charles Welshman

9. Nichole Wheeler

Pending Claims

1. Jose Bettencourt and Bonnie Williamson

Litigation

1. Amalgamated Financial Group IV vs City of East Providence

2. Gansett Limited Partnership vs City of East Providence

3. US Rep Retail LLC. vs City of East Providence

B. Surplus Property Report, Fuller Library, 260 Dover Avenue

CALL TO ORDER - The Mayor calls for a moment of silence in honor of George Redman who recently passed away who was a member of the East Providence Beautification Committee.

II. SALUTE TO THE FLAG

III. TO APPROVE THE CONSENT CALENDAR

All items under “CONSENT CALENDAR” are considered to be of a routine and noncontroversial nature by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council member so requests, in which event, the item will be removed from the “CONSENT CALENDAR” and will be considered in its normal sequence on the docket.

A. Letters

1. Exeter Town Council Resolution in support of South County and Westerly Hospitals.

2. Public Hearing Town of Barrington Zoning Map Change as part of Comprehensive Plan.

3. Coastal Resources Management Council Semi Monthly Meeting, Tuesday, July 24, 2012.

4. Coastal Resources Management Council consideration of application Tockwotton Home, 74 East Street (02903).

5. Coastal Resources Management Council August 2012 Calendar.

6. Coastal Resources Management Council Administrative Procedures Act proposed changes.

7. Resolution Portsmouth Town Council in opposition to instituting tolls on the new Sakonnet River Bridge.

B. Council Journals

1. Regular Council Meeting July 17, 2012

2. Regular Council Meeting May 3, 2011

3. Consolidation Meeting May 2, 2011

C. Alcoholic Beverage Class F

1. Ricky Army, 22 Hazelton Road, Barrington (02806) for the Anthony Larisa Memorial Bike Run to benefit Bradley Hospital on 9/16/12 at 59 Brightridge Avenue.

D. Alcoholic Beverage Class F-1

1. St. Francis Xavier Church, 81 N. Carpenter Street (02914) for St. Francis Xavier Band Dinner/Show on September 8, 2012.

E. Cancellation/Abatements

Year	Amount
2012	$34,807.43
Total	$34,807.43

A motion to approve the Consent Calendar minus the May 3, 2012 Council Journal is made by Councilwoman Kleyla, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.

IV. PUBLIC COMMENT

1. James Briden, 17 Hollow Ridge Road (02916) - Pond View

2. Katherine Kazarian, 3 Pleasant Street (02916) - Pond View

3. Corliss Blanchard, Roger Williams Avenue (02916) - Pond View

4. Tim Norton, 180 Bourne Avenue (02916) - Pond View

5. Susan Sampson - Yester-Days News- pass until later on the docket

6. Tom Sampson - Yester - Days News- pass until later on the docket

7. Maria Lemos - Pond View - Pass

8. June Coan, 34 Sunset Avenue (02915) - Middle School Sports

V. PROCLAMATIONS AND PRESENTATIONS

East Providence Little League 9/10 All Stars Softball - District Champions (by Mayor Rogers)

Mayor Rogers presents the team and the coaches each with a citation and photos are taken.

The Mayor requests to suspend the order of business and to move the block party, under communications up on the docket. No objection is heard.

3. Anthony J. Bevilacqua, Jr., 84 Anthony Street requesting to address the Council regarding a Block Party to be held on Saturday, September 8, 2012 and requesting permission to block a portion of Leroy Drive at Wingate Drive.

Mr. Bevilacqua states this is the first block party all the area neighbors are aware and are participating there are no objections in the neighborhood. Because of the way the road travels in a circle the block will not prevent people from getting to their homes. They have applied for a one day entertainment license for two bands. It is a family event.

A motion to approve pending approval of the Chief of Police is made by Assistant Mayor Rose, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous.

The Mayor requests a return to the regular order of business. No objection is heard.

VI. APPOINTMENTS

A. Traffic Control (by Mayor Rogers)

Frank Andrews, 65 Garden Drive (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. Traffic Control (by Mayor Rogers)

Denise Morris, 37 Jeffres Street, North Providence (02904)

A motion to approve is made by Councilwoman Kleyla, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.

C. Traffic Control (by Assistant Mayor Rose)

Scott Lewis, 109 Elder Avenue (02915)

A motion to approve is made by Assistant Mayor Rose, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous.

D. Tree Warden/City Forrester (by Mayor Rogers)

Joe Gibson, 12 Waterview Avenue (02915)

The City Manager spoke regarding this appointment, which was due to the resignation of Michael Bartlett, city employee who served in this position previously. Under the law the City has 60 to fill the vacancy. This is a volunteer position. Under recommendation from the Director of Parks and Recreation, Alba Curti, who researched all the licensed arborists in the City, Mr. Gibson accepted, though he may actually be over qualified. The City Manager is recommending the Council appoint Mr. Gibson effective immediately.

A motion to approve is made by Assistant Mayor Rose, seconded by Councilman DiGioia and on a roll call vote it is unanimous.

VII. LICENSES REQUIRING PUBLIC HEARING

A. B Limited Vict

East Providence Persy's Place, Ltd, DBA Persy's Place, 140 Newport Avenue (02916), Shawn Heston, PO Box 70085, Dartmout, MA 02747

This site was formerly the Star Diner and has been vacant since 2009. They are open 7 days a week from 6am-6pm. They are an all family owned business and own a number of these establishments in Massachusetts, this is the first one in Rhode Island.

There is a ribbon cutting ceremony on Saturday at 9am at Percy's Place.

A motion to approve is made by Assistant Mayor Rose, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous.

B. Secondhand/Miscellaneous

Yester-Days News, 5 Forbes Street (02915), Susan Sampson, 7 Hemlock Drive, Barrington

This is the building which was the old Meadowcrest Pharmacy. She and her husband will be running the store. They previously owned the Stock Exchange on Maple Avenue in Barrington. They will be open Thursdays-Saturdays 10am-5pm, Sundays 12pm-5pm and will be closed on Mondays and Holidays.

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 Full Privilege Vict- Transfer

Vine Yard, LLC DBA Vine Yard East transfer to PRPS, Inc. DBA 2 Pauls, 315 Waterman Avenue (02914)

Paul Shneider from Pawtucket testified. He formerly owned The Roy and now owns The Century Lounge on Chestnut Street in Providence. They will be serving Sunday Brunch and dinners. They will be closed on Mondays. They will be open Tuesdays-Saturdays lunch and dinner. They don't plan to have entertainment at this point but transferring the license in case they decide to. If they do they may have a single guitar but they are not sure right now. They are interested in returning the restaurant to more of a family style like it once was when it was Josephs.

A motion to approve is made by Assistant Mayor Rose, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous.

VIII. LICENSES NOT REQUIRING PUBLIC HEARING

(All licenses are approved by Council based on all required approvals being met from Police, Fire and Buildings.)

A. Peddler

Kona Ice Cumberland, RI Inc., 30 Brookdale Street, Cumberland (02864), David M. Souza.

Mr. Souza is not present.

A motion to defer is made by Assistant Mayor Rose, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous.

B. Vict/Not Over 25 - Transfer

Victor Ramirez DBA as Vic's Sub Shop, 194 Newport Avenue to Mark A. Greene DBA Riccotti Sandwich Shop.

Mr. Ramirez stated he used to own the original in Pawtucket. He plans to be open Monday-Thursday 9am-11pm and Friday and Saturday until 1am. He may wish to come back before Council to purchase an extended hours license for Fridays and Saturdays to stay open until 2am to compete with the fast food restaurants in the area. He plans to do breakfast sandwiches as well as subs and small dinners at night. Because he was the owner of the original Ricotti's even though it is no longer in existence he can use the name. He has been in business for 13 years.

A motion to approve is made Assistant Mayor Rose, seconded Councilwoman Kleyla and on a roll call vote it is unanimous. (check vote)

C. Entertainment - Transfer

Vine Yard, LLC DBA Vine Yard East transfer to PRPS, Inc. DBA 2 Pauls, 315 Waterman Avenue (02914)

A motion to approve is made by Councilwoman Kleyla, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.

D. Vict/Over 50 - Transfer

Vine Yard, LLC DBA Vine Yard East transfer to PRPS, Inc. DBA 2 Pauls, 315 Waterman 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.

IX. PUBLIC HEARING - ORDINANCES FINAL PASSAGE

A. An ordinance regarding a One Way on Oakley 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 18-247 entitled “Designation of one-way streets” of Article VIII entitled “One-Way Streets” of Chapter 18 entitled “Vehicles and Traffic” is amended by adding thereto the following:

Oakley Street (east bound) from South Sharon Street to Broadway

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

Requested by: Mayor Rogers

The City Manager testifies as the Public Works Director is not present. The conclusion of the Public Works Director is that there is no objection to the one way proposal. There is no objection by the public safety departments both police and fireare neutral. There is one recommendation from the Police Chief which appears on the memo as item #3 to amend the no parking but not the one way. This ordinance would be helpful for economic development of a business which is applying for a variance for more parking to be made available. They would be more likely to have a successful application for that variance and it would create no problems to residents on this portion of road which is strictly businesses.

Please see the end of the analysis where there is a little map and which shows what the parking ordinance and traffic changes will be if these were to pass with relation to the two businesses when they pull out they would need a little space and this would be the change with the parking on both sides of the street.

Councilman Conley addressed the fire and police recommendations where the Fire Department lists reasons both good and bad but it remains neutral and the Police Department brought the item to the attention of the two businesses and this is why the ordinance was amended to fit those recommendations. Public Works remains neutral. There is a mention regarding an anticipated increase in sideswipe conditions and roadways impassable under certain weather conditions.

Chief Tavares spoke noting the proposal which would allow parking on both sides and the purpose to create additional on street parking for the local businesses in this situation, had it not been for the economic development angle, it would not be considered. However, we use a balancing test and we balance both the public safety concerns and the need for the businesses to grow as well as the need for the additional parking spaces. We have shown where it could and couldn't take place, we did mention a narrower street and if there was parking on both sides, however this is not a situation where for sure there will be parking on both sides. If it were an urban city 24/7 it would be a no brainer and this situation would allow for parking and if used it would narrow the passageway if there was snow on the road. We are more or less warning and predicting it may be impassible it certainly doesn't snow everyday and its balancing test. People don't park perfectly and that could restrict the passage. This however is not a street if you couldn't get by you are stuck and locked in they could back out and go right around the block. We took measurements, we staged vehicles wide as well and they can get through, it is a tight fit. There will be human error at times and may be a sideswipe so I documented that.

Assistant Mayor Rose asked if the two ton weight limit would remain and the City Manager indicated it would.

Councilman Conley stated the City Manager referenced a business expansion for an economic impact and the Chief just noted evaluating public safety balanced with the economic development what is the reason for this? It is unfortunate we don't have any information on what business expansion it is. I'm totally unaware of it.

It is an unspecified and undocumented business need and I am not prepared to cast safety reasons aside for a vague unspecified financial benefit that we have no information in front of us to explain.

Testifying Against:

Leo Furtado, 24 Ellison Drive (02915)

Mayor Rogers stated he had been called to a meeting of the Madeira Restaurant and the Zoning Officer stated that to alleviate the parking issue with the new plans and expansion on the business, the parking on the street could be used. With what the Chief recommended and found out from those two businesses, there was never going to be parking in front of their driveways, this amendment addresses those concerns quite well. If this business can thrive with a variance, and there are variances granted every day, and if they can thrive by allowing the business to go forward and not impact the neighborhood it's a no brainer. It doesn't exacerbate it only helps other examples can be seen all over the City for example, Bliss Street.

Assistant Mayor Rose stated this would actually eliminate people using the street as a cut through to eliminate the light and this will reduce the traffic on this street and I make motion to approve.

Mayor Rogers states this is a public hearing does anyone else wish to speak on the matter.

Councilman Conley stated he would like to see the Zoning Officer's recommendation and makes that request now and for it to be provided in writing, including the meeting referenced by the Mayor. He also thanked Mr. Furtado for educating him this evening because he didn't know any of this prior to this meeting. Adding we have to make sure we put the general public interest first it's only appropriate that the Zoning Officer's recommendation be brought to us. We are in no position to evaluate an economic benefit if what we are being asked to do is balance those safety concerns against the economic benefit with a recommendation from the Zoning Officer which we have a duty to evaluate and receive.

Testifying for more information on the parking layout:

Freddie Rybka 9 Cozzens Avenue (02915)

Councilwoman Kleyla suggested if the issue is there is not going to be enough parking perhaps the parking lot should be re-stripped as suggested and perhaps there are more spots than we think. It should be approached as we need to do A, B and C we can't expect the residents to come forward without that explanation being provided. If the business needs this parking then I'm for approving it but we need to follow the steps for the transparency. I fully intend to support if necessary for the business, if it makes sense, if we don't know that it doesn't make sense.

Councilwoman Kleyla makes a motion for the petition provided by Mr. Furtadaso to be submitted as part of record, Councilman Conley seconds and all are in favor.

A motion to make the petition part of the record is made by Councilwoman Kleyla, seconded by Councilman Conley and on a roll call vote it is unanimous.

Mayor Rogers states since no one has objected to the One Way street only the No Parking and since the One Way is for final passage we should vote on this item.

Councilman Conley states this is the first step down the slippery slope so the best thing to do would be to defer the passages on both and let Zoning and Planning do what they need to do and after a land use review if there are good reasons to come back then we take action at that time. If we do this when the first side swipe comes and we refer to these records and if the Fire Department can't get down the street then we will have the proof we were responsible.

Councilman Conley makes a motion to deny, seconded by Councilman DiGioia.

Under discussion the mayor states that creating a one way only helps the congestion and he feels they should be separate issues.

A motion to deny is made by Councilman Conley, seconded by Councilman DiGioia and on a roll call vote the motion fails 3-2 with Councilwoman Kleyla, Assistant Mayor Rose and Mayor Rogers voting Nay.

A motion to defer until a description on the parking situation is provided by the Zoning Officer is made by Councilwoman Kleyla, seconded by Councilman Conley and on a roll call vote the motion passes 3-2 with Assistant Mayor Rose and Mayor Rogers voting Nay.

A 5 min recess is called.

B. An ordinance regarding No Parking on a portion of Ingraham Street.

AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THEREVISED 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:

Ingraham Street (east side) from Mauran Avenue to Juniper Street

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

The City Manager states this is needed for access for emergency vehicles as noted by the Fire and Police Department memos.

A motion to approve is made by Assistant Mayor Rose, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous.

C. An Ordinance Regarding the Equal Opportunity and Affirmative Action Policy.

AN ORDINANCE IN AMENDMENT OF CHAPTER 11 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE,RHODE ISLAND, 1998, AS AMENDED, ENTITLED “PERSONNEL”

SECTION I. Article IV entitled “Affirmative Action Plan” of Chapter 11 of the Revised Ordinances of the City of East Providence, Rhode Island 1998, as amended, entitled “Personnel” is amended by adding thereto the following:

DIVISION 7. EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION POLICY

Sec. 11-212. Policy Statement.

(a) The City of East Providence hereby affirms its commitment to equal opportunity and affirmative action by fostering and actively promoting equitable employment opportunities throughout its municipal and school departments. Moreover, the city affirms its commitment to the prevention and elimination of discrimination on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, national origin, or disability. The affirmative action officer, under the direct administrative supervision of the personnel director, is responsible to the city manager, in accordance with the City Ordinance, Book 5, Chapter 61, entitled: An Ordinance Adopting An Affirmative Action Plan for the City of East Providence, Rhode Island, adopted April 19, 1976, and is duly empowered with full authority and responsibility to develop and ensure compliance with laws, policies and practices established to assist the city in achieving its equal opportunity and affirmative action goals.

(b) The city values the culture and background of all people, and recognizes that the goals of equal opportunity and affirmative action can only be achieved through committed leadership and administrative policies and practices that lead to a culture of inclusion. Thus, the implementation of this Equal Opportunity and Affirmative Action Policy is intended to enhance programs and introduce strategies that, once implemented, will bring about the positive, proactive changes necessary to the achievement of the city’s equal opportunity and affirmative action goals.

(c) In accordance with the city’s Affirmative Action Plan and the commitment affirmed through this policy, the city shall continue to promote equal opportunity and affirmative action in all areas of operation. Special emphasis shall be given to the following areas:

(1) Ensuring that all employment practices and decisions, as well as appointments to boards and commissions, are made without discrimination on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, national origin, or disability.

(2) Disseminating the Affirmative Action Plan and this policy to all municipal and school departments, along with a written statement by the city manager affirming the city’s commitment to its affirmative action programs.

(3) Investigating allegations of discrimination on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, national origin, or disability.

(4) Take reasonable steps to ensure that all contractors and firms doing business with the city adhere to applicable federal and state laws, rules and regulations governing fair labor and equal employment practices during the performance of their contract.

(5) Training municipal and school department employees on the topics of equal opportunity, harassment/sexual harassment prevention, and diversity.

Sec. 11-213. Employment Practices

(a) The city will make every effort to ensure that all employment practices and decisions are made fairly and equitably. Such employment practices shall include, but not be limited to, employee recruitment, hiring, transfer, promotion, training, compensation, benefits, layoff, and termination. The affirmative action officer, in conjunction with the personnel director, and with the assistance of personnel office staff, shall oversee all employment practices to ensure they are conducted in accordance with the provisions of City Ordinance, Book 5, Chapter 61, Section 11 – 136 through Section 11 – 230, and Section 11 – 65(e). This shall include, but not be limited to:

(1) Reviewing and revising employment practices, personnel rules, policies and procedures, as needed, to ensure that they comply with federal and state laws, and that they are rendered fairly, appropriately, and without discrimination.

(2) Developing and implementing best practices for recruitment that broadens outreach and increases the likelihood of attracting a more diverse applicant pool of individuals who meet the minimum requirements for job openings, especially for those job classifications and categories where there exists an underrepresentation of women and minorities. Practices shall also be developed to ensure that boards and commissions are adequately represented by women and minorities.

(3) Developing and implementing a process for collecting and analyzing employment data, including applicant demographic data for each position filled. The data from the analysis shall be used to identify areas of underutilization of women and minorities throughout the city’s workforce and to determine whether the selection process adversely impacted women or minorities. The data shall also be used for the purpose of setting hiring goals for each job classification and category where underutilization exists.

(4) Demographic data shall also be collected and analyzed of those serving on the city’s boards and commissions. At the request of the affirmative action officer, each board and commission shall submit a list of its members, along with their race, gender, and date of appointment. Every effort shall be made to appoint women and minorities to those boards and commissions where underrepresentation exists.

(b) The affirmative action officer and personnel director shall work cooperatively in carrying out their respective responsibilities with regard to the above. Any conflict that may arise between the affirmative action officer and the personnel director in relation to their responsibilities shall be resolved by the city manager.

Sec. 11-214. Dissemination of Affirmative Action Plan

The city affirms its support for the development and implementation of the Affirmative Action Plan. Furthermore, the city acknowledges that it is the responsibility of every municipal and school department employee, as well as those doing business with the city to adhere to the laws, policies, and procedures outlined in the Affirmative Action Plan and to support the affirmative action officer with regard to the plan’s implementation. Therefore, in addition to complying with all aspects of the City Ordinance, Book 5, Chapter 61, Sec. 11-139, entitled: Dissemination, the city manager shall disseminate the Affirmative Action Plan, along with this policy, and a written statement to all municipal and school department directors affirming the city’s commitment to its affirmative action programs. A copy of the Affirmative Action Plan and this policy shall also be provided to any employee of the city upon request. Additionally, general contractors, subcontractors, vendors, and suppliers doing business with the city, as well as firms and businesses performing services for the city, shall receive a copy of the Affirmative Action Plan and this policy, and the city shall require their compliance to all federal and state laws throughout the term of their contract or provision of services.

Sec. 11-215. Allegations of Discrimination

The affirmative action officer shall be responsible for the investigation of any allegation of discrimination in employment practices, provision of services, or city sponsored programs and activities, on the basis of race, color, religion, sex, sexual orientation, gender identity or expression, age, national origin, or disability. Any employee, applicant for employment, service provider or recipient, or participant in city sponsored programs and activities, believing that they have been discriminated against on the basis race, color, religion, sex, sexual orientation, gender identity or expression, age, national origin, or disability, may contact the affirmative action officer, who will promptly investigate the matter in accordance with grievance procedures outlined in the city’s Affirmative Action Plan. In addition, the following actions shall be taken:

(a) The affirmative action officer, in carrying out the responsibilities related to investigations, shall make every effort to ensure that investigations are confidential and supported by factual information and impartial judgment.

(b) Whenever necessary, all officers, employees, and service providers of the city shall furnish the affirmative action officer with any information and records within their custody that may, in the opinion of the affirmative action officer, be deemed necessary to any inquiry or investigation involving an allegation of discrimination and/or retaliation, except as prohibited by law.

(c) In the event that an officer or employee fails to provide such information or records, or the personnel director disagrees with the necessity of such information and/or otherwise impedes the progress of any inquiry or investigation, the affirmative action officer may call upon the city manager to resolve the situation in an appropriate manner.

(d) The findings of any investigation conducted by the affirmative action officer shall be reported to the city manager and the Personnel Hearing Board, who shall promptly resolve the matter.

Sec. 11-216. Construction Project Nondiscrimination Compliance

The city values the services provided by contractors and firms. It is expected, however, that any prime contractor, subcontractor, or firm doing business or awarded a contract with the city, take appropriate action in assuring the city that there will be equal employment opportunity during the performance of their contract. In accordance with City Ordinance, Book 5, Chapter 61, Sec. 11-196, entitled: Measures to ensure nondiscriminatory hiring practices, the city will ensure that all practices and procedures outlined in the ordinance are followed and that the affirmative action officer is provided the support and personnel office staff assistance needed to comply with requirements under this section.

Sec. 11-217. Training

(a) The city affirms the importance of administering training programs designed to give municipal and school department employees an overview of equal opportunity laws and policies which cover discrimination and harassment/sexual harassment prevention. The city also acknowledges that diversity training designed to sensitize municipal and school department employees to attitudes, behaviors, and systemic practices that create barriers and hinder progress toward the achievement of equal opportunity and diversity, is needed.

(b) The affirmative action officer shall design and facilitate a training orientation program on the topics of equal opportunity, harassment/sexual harassment, and diversity. Such training shall be mandatory for all directors, managers, supervisors, and employees within one year of the effective date of this policy, and thereafter mandatory for all new employees within one year of their date of hire. Additional training on related topics may be included on an as needed basis.

Sec. 11-218. Applicability

This policy and its implementation affirm the city’s commitment to equal opportunity and affirmative action. All municipal and school department directors, managers, and supervisors are expected to work cooperatively with the affirmative action officer in monitoring and ensuring compliance with this policy, as well as the laws, policies, and procedures outlined in the city’s Affirmative Action Plan.

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

Requested By: City Manager

A motion to approve is made by Councilman DiGioia, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous.

X. NEW BUSINESS

A. City Managers Report (by City Manager Peter Graczykowski)

1. Hire of Consolidated Finance Director for City and Schools

The selection was made to hire a consolidated Finance Director. The Budget Commission approved the hiring on August 9 and on September 9 Malcom Moore will start. He comes highly credentialed he served as the West Warwick Finance Director and as Interim. John Cimino will stay on to help him through the transition.

2. Departmental Activity Update

3. 2012 SAFER Grant

This is staffing for adequate fire emergency response. Last year's grant was withdrawn due to the requirement for a 3rd year cost. This year's grant is that we will get these positions for two years and we will not be held to it that after the grant expires if we cannot afford it. There is a specific preference for post 911 veterans and there is 50 million dollars set aside this year which allows the City to hire post 911 and the third year is also paid for in these cases. For all of these reasons we are applying for this year's grant. The Budget Commission has approved this on August 9th and we are hopeful this is going to come through and we will hire 22 new fire fighters for 2014. There is some upfront cost for equipment and training to do this but in subsequent years we will save about 1 million each year to offset the overtime we are currently incurring.

The initial plan to add 911 to all safety hires was as a result of discussion to extend to all new hires. We are revising the city code adding 4 points for veterans and 5 points for 911 veterans in addition to any residency points this will be section11-64 of the city code.

Mayor Rogers states that as a show of solidarity for the fire fighters and since we as a council approved this last year he would like a motion to support it again this time.

Councilman Conley states since it's merely ceremonial at best what is the point? It doesn't mean we don't support it but it would be a meaningless action and we wouldn't want to jeopardize the process as this was not noticed for a vote on the docket.

The Solicitor states it was not noticed.

Assistant Mayor Rose states that the docket clearly reads any item listed may be voted on at any time during the meeting.

The Solicitors states we usually list the items to be voted on.

Councilman Conley states we all support it and since Budget Commission already voted on it put it on next docket with a vote then.

Mayor Rogers states he will honor that request.

4. Joint Refuse and Recycling Collection RFP

Working jointly with Pawtucket and Central Falls as part of shared a services task force the vendor which we currently rely on to provide the service is willing to bid. We currently have a weekly collection of trash and recyclables. We have smaller bins picked up manually. Recently we had some improvement so that we can co mingle the recyclables now. The new RFP looks to leverage the size of our account and leverage additional savings and based on the initial review we have identified the lowest bidder which happens to be the same company we have now. The recommendation from Public Works would be to select the regional bid, the same vendor for all 3 cities. Trash would remain unchanged with a weekly pickup while recycling would change to a biweekly pickup. The company would provide the large 95 gallon tote used in Warwick for example which is picked up with an automatic arm. It requires less staff for the vendor and provides a bigger volume for people. So a biweekly pickup becomes possible it's more sanitary as there is a lid and there is no litter from wind and storms etc. Based on preliminary estimates we would save $287,000 in the first year and over 5 year $1.6 million with no additional costs. The vendor provides the barrels and people put out more recycling which this increases the money coming. Public Works researched this and estimates 25% less trash at the dump averaging about $28,000 per year. This also adds to our recycling credits which can increase and we can receive more money. This item was introduced to the Budget Commission this week and we will bring it back to Council again. These are measurable savings and we have a very good experience and track record with the bidder/vendor and we don't have service delivery concerns.

5. Update on Adopt An Island Program Proposal

We have a list of all islands, types of islands and the legal department is working with the Parks Department to look at a model program agreement and how it would be operated. We are working on the pricing list for each island to see how much the charge should be and also there may have to be some ordinance revisions to allow for signage on these islands. This will be a standardized display sign and we will bring this item back to council.

B. Reports of Other City Officials

1. Claims Committee Report (by City Solicitor Orlando Andreoni)

Pursuant to R.I.G.L. § 42-46-5(a)(2), a motion is made by Councilman Rose and seconded by Councilman DiGioia 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 – Absent, Councilman Rose – Aye, the motion is approved 4-0.

EAST PROVIDENCE CLAIMS COMMITTEE

CLAIMS & LITIGATION REPORT

TUESDAY, AUGUST 21, 2012; 6:30 P.M.; ROOM 101

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

NEW CLAIMS

BOLEIRO, AMALIA & JOSE Unspecified

RM No. 12-036, Claim No. 12-026

Claim for property damage and personal injuries sustained as a result of an accident with a police vehicle. Recommend referral to the insurance carrier.

Motion by: Councilman Conley Seconded by: Councilman DiGioia

Motion: Refer the claim to the insurance carrier.

VOTE	MAYOR ROGERS	COUNCILMAN CONLEY	COUNCILMAN DiGIOIA	COUNCILWOMAN KLEYLA	COUNCILMAN ROSE
Aye	√	√	√		√
Nay
Abstain
Absent				√

LIMA, MARIA $244.00

RM No. 12-030, Claim No. 12-021

Claim for personal injury and property damage sustained as a result of a slip and fall at the corner of Orchard Street & North Carpenter Street. See recommendation of the Director of Public Works.

Motion by: Councilman Rose Seconded by: Councilman DiGioia

Motion: Refer the claim to W. Walsh Company.

VOTE	MAYOR ROGERS	COUNCILMAN CONLEY	COUNCILMAN DiGIOIA	COUNCILWOMAN KLEYLA	COUNCILMAN ROSE
Aye	√	√	√		√
Nay
Abstain
Absent				√

MALDONADO, NATHAN $290,000.00

RM No. 11-103, Claim No. 12-023

Claim for personal injuries sustained during gym class at the Emma Whiteknact Elementary School. Recommend referral to the insurance carrier.

Motion by: Councilman Conley Seconded by: Councilman DiGioia

Motion: Refer the claim to the insurance carrier.

VOTE	MAYOR ROGERS	COUNCILMAN CONLEY	COUNCILMAN DiGIOIA	COUNCILWOMAN KLEYLA	COUNCILMAN ROSE
Aye	√	√	√		√
Nay
Abstain
Absent				√

McMAHON, TYLER Unspecified

RM No. 12-028, Claim No. 12-020

Claim for personal injuries sustained while closing a gate to the parking lot behind the Agnes B. Hennessy School. Recommend referral to the insurance carrier.

Motion by: Councilman Rose Seconded by: Councilman DiGioia

Motion: Refer the claim to the insurance carrier.

VOTE	MAYOR ROGERS	COUNCILMAN CONLEY	COUNCILMAN DiGIOIA	COUNCILWOMAN KLEYLA	COUNCILMAN ROSE
Aye	√	√	√		√
Nay
Abstain
Absent				√

RAMOS, EDWARD $3478.95

RM No. 12-040, Claim No. 12-028

Claim for property damage sustained when a City vehicle struck claimant’s parked vehicle. Recommend referral to the insurance carrier.

Motion by: Councilman Rose Seconded by: Councilman Conley

Motion: Refer the claim to the insurance carrier.

VOTE	MAYOR ROGERS	COUNCILMAN CONLEY	COUNCILMAN DiGIOIA	COUNCILWOMAN KLEYLA	COUNCILMAN ROSE
Aye	√	√	√		√
Nay
Abstain
Absent				√

ROSENBERG, WAYNE $45,000.00

RM No. 12-031, Claim No. 12-022

Claim for injuries sustained allegedly caused by the fire department intentionally sounding sirens in front of and around claimant’s residence. Recommend referral to the insurance carrier.

Motion by: Councilman Rose Seconded by: Councilman Conley

Motion: Refer the claim to the insurance carrier.

VOTE	MAYOR ROGERS	COUNCILMAN CONLEY	COUNCILMAN DiGIOIA	COUNCILWOMAN KLEYLA	COUNCILMAN ROSE
Aye	√	√	√		√
Nay
Abstain
Absent				√

TEBANO, ANTONIO Unspecified

RM No. 12-034, Claim No. 12-025

Claim for personal injuries sustained as a result of tripping over plastic conduits that were protruding out of Massasoit Avenue. Recommend referral to the insurance carrier.

Motion by: Councilman Conley Seconded by: Councilman Rose

Motion: Refer the claim to the insurance carrier.

VOTE	MAYOR ROGERS	COUNCILMAN CONLEY	COUNCILMAN DiGIOIA	COUNCILWOMAN KLEYLA	COUNCILMAN ROSE
Aye	√	√	√		√
Nay
Abstain
Absent				√

WELSHMAN, CHARLES $203.00

RM No. 12-033, Claim No. 12-024

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

Motion by: Councilman Rose Seconded by: Councilman Conley

Motion: Deny the claim.

VOTE	MAYOR ROGERS	COUNCILMAN CONLEY	COUNCILMAN DiGIOIA	COUNCILWOMAN KLEYLA	COUNCILMAN ROSE
Aye	√	√	√		√
Nay
Abstain
Absent				√

WHEELER, NICHOLE $627.00

RM No. 12-038, Claim No. 12-027

Claim for property damage sustained to claimant’s vehicle within a construction zone on Veterans Memorial Parkway. See recommendation of the Director of Public Works.

Motion by: Councilman Conley Seconded by: Councilman DiGioia

Motion: Refer the claim to D’Ambra Construction.

VOTE	MAYOR ROGERS	COUNCILMAN CONLEY	COUNCILMAN DiGIOIA	COUNCILWOMAN KLEYLA	COUNCILMAN ROSE
Aye	√	√	√		√
Nay
Abstain
Absent				√

PENDING CLAIMS

BETTENCOURT, JOSE

WILLIAMSON, BONNIE

RM No. 12-027, Claim No. 12-019

Review for possible abandonment if the property in question is considered a City street.

Motion by: Councilman Rose Seconded by: Councilman Conley

Motion: Deny the claim and provide explanation of procedure to purchase the property.

VOTE	MAYOR ROGERS	COUNCILMAN CONLEY	COUNCILMAN DiGIOIA	COUNCILWOMAN KLEYLA	COUNCILMAN ROSE
Aye	√	√	√		√
Nay
Abstain
Absent				√

LITIGATION

AMALGAMATED FINANCIAL GROUP IV VS. CITY OF EAST PROVIDENCE

C.A. NO. 10-0572

Settlement

Motion by: Councilman Conley Seconded by: Councilman Rose

Motion: Approve settlement of the matter in the amount of $25,584.00.

VOTE	MAYOR ROGERS	COUNCILMAN CONLEY	COUNCILMAN DiGIOIA	COUNCILWOMAN KLEYLA	COUNCILMAN ROSE
Aye	√	√	√		√
Nay
Abstain
Absent				√

GANSETT LIMITED PARTNERSHIP VS. CITY OF EAST PROVIDENCE

C.A. NO. 08-2984, 09-1024, 09-7173, 11-0930, 12-1268

Settlement

Motion by: Councilman Conley Seconded by: Councilman DiGioia

Motion: Approve settlement of the matter in the amount of $67,178.00.

VOTE	MAYOR ROGERS	COUNCILMAN CONLEY	COUNCILMAN DiGIOIA	COUNCILWOMAN KLEYLA	COUNCILMAN ROSE
Aye	√	√	√		√
Nay
Abstain
Absent				√

US REP RETAIL LLC. VS. CITY OF EAST PROVIDENCE

C.A. NO. 11-1074, 12-1267

Settlement

Motion by: Councilman Rose Seconded by: Councilman Conley

Motion: Approve settlement of the matter in the amount of $52,015.00.

VOTE	MAYOR ROGERS	COUNCILMAN CONLEY	COUNCILMAN DiGIOIA	COUNCILWOMAN KLEYLA	COUNCILMAN ROSE
Aye	√	√	√		√
Nay
Abstain
Absent				√

A motion to approve the Claims Committee Report is made by Assistant Mayor Rose, seconded by Councilman DiGioia and on a roll call vote it is unanimous.

2. School Committee Update (by Council Liaison School Committee Member Chrissy Rossi)

We have a new superintendent Joseph DeGoes and he is currently 2 weeks deep into a mess and doing the best he can. It's a lot to throw at someone and the whole staff is working hard to assist. We have been told we have a budget 75% complete and are on target which is great but the Budget Commission has not provided a copy as of yet. We are making progress with hiring people and are awaiting approval from the Budget Commission for additional hiring. We are still waiting to hear about middle school sports and have conflicting testimony. We are holding our 3rd annual supply drive and every school gets a little something.

C. Council Members

1. Bi-Weekly Update (by Mayor Rogers)

The first item is the status of middle school sports. I was told it is in the budget for fall sports and I'm asking for the City Manager to explain what he knows.

The City Manager stated the fall sports can only be removed by the interim superintendent Mr. DeGoes. It is a program of the School Department. What is in the budget is in there for fall 2012 but there is an overlap between when the programs start and the end of the fiscal year minus what has already been spent. The Finance Department will work with the controller and superintendent regarding the balance so the superintendent can make a decision on starting fall sports or not.

Mayor Rogers stated Project 106 should still go forward as it can either enhance the program or the fall sports might need extra money to complete the program. He adds that he would recommend that Project 106 go forward for any shortfall.

Jessica Bouchaine Project 106 Chair spoke stating they met with the School Committee and it is not clear if there is funding. If they start playing they can't finish playing.

The City Manager stated that is the analysis the superintendent needs to do to see what is left from the budgeting for FY12. If there is enough to complete the program he can issue a recommendation to go ahead. The money had been allocated and it is a program decision not a Budget Commission decision.

Adding he thinks the money is there but the interim superintendent needs to make the decision because it did not end up getting removed by the Budget Commission. They did say they don't want it in there but it was never officially removed. However, it is removed for FY13 and the school season and the fiscal year are not the same.

Mayor Rogers asked regarding the 2013 middle school sports allocation what happens if the Council wants to put this back in the budget?

The City Manager stated the Council will be given an opportunity to provide input on allotments and this would be the type of input the Budget Commission would like to have. As of now that particular item has been removed. The budget will go to this Council and the Council will make it known any monies they would like to see put in the budget but if that happens we need to find the money elsewhere to replace it.

Both Mayor Rogers and Councilman Conley stated this Council is in support of middle school sports.

Councilman Conley adding however we have little or no actual authority over the budget as it is with the Budget Commission.

Assistant Mayor Rose added his full support and any help which Project 106 needs he will be available at all times.

Regarding the Kimberly Ann Rock Field the City Manager requested that the Mayor wait to discuss this until the next meeting as the Planning Director is not in this week and she will be able to update the Council regarding the Soccer Complex.

Regarding the Sabins Point dock, the measurements need to be completed and they are applying for a grant and once done it will be brought back to Council.

Regarding the weathervane at Sabins Point which is down the Mayor requested the City Manager look into its disappearance. The City Manager stated he would research this item.

Regarding the Mauran Avenue tot playground, the Planning Department has stated the funding was held up but there is new funding being applied for and it was granted and the tot playground process will begin again this fall and will go forward.

Regarding the flooding on particular roads, there has been a serious problem not only on State Street but also on Dewey Avenue and some people are here today from Dewey. The Public Works Director has stated it would cost $200,000 to fix the situation. When it rains the water floods the basements, entire cars have been ruined. In addition, at Lucky's Restaurant where there was never flooding before it is flooding. This area needs to be toured as it appears this is something small that can be fixed. However, something must be done for these homes on these roads with this heavy flooding even if it is something short term to alleviate the situation until we find the $200,000 for a permanent solution.

Assistant Mayor Rose stated that Roma and Dewey is very bad and people don't realize how bad it really is until you see it. People think of flooding as ankle deep this water is waist deep. Adding he finds it very hard to believe it's going to cost $200,000. Sometimes people throw numbers out because they don't want to face fixing things. This needs to be researched properly because if there is a small pipe with a big drain it's not going to get through the small pipe, it just needs a larger pipe and he hopes by the next meeting we have some explanation of what size pipes are under this area. The State is spending millions of dollars in this area and no one is looking at the size of the pipes.

Mayor Rogers state he is requesting to have Public Works talk to the State doing the work directly behind them on the highway which may help situation.

On Wednesday, August 22nd from 11am-1pm at City View Manor Secretary of State Mollis is giving free ID's for anyone that doesn't have an ID. Remember if you do not have a drivers license you will need a picture ID to vote. This will be the first time ever this year.

2. Update on Labor Day Parade (by Assistant Mayor Rose)

Assistant Mayor Rose reported the start time on Monday, September 3rd will be 10am with 8am line up for those marching, at the High School then it will take a left onto Pawtucket Avenue and then a right onto Waterman Avenue and following Waterman Avenue to Taunton Avenue and taking a left and veering off on to the Weaver Library side of City Hall. The contacts are Chair Jim Miller 954-2412 and Assistant Mayor Rose 952-8008. They have had a lot in the community and surrounding areas get involved and it is no cost to so come and enjoy the parade.

3. Update on Pond View Litigation (by Councilman Conley)

July 26th was a milestone. An order was entered in Superior Court and findings made that based on DEM's presentation that violations exist at the facility and that DEM is determined that the site is no longer in compliance with DEM regulations and the court ordered an enforcement action be taken. In a specific time period, the stock piles are to be cleaned. The receiver was required to comply in 30 days time, specifically with all terms and conditions of DEM and required that the receiver provide DEM with weekly reports. The court further ordered should the Receiver not remove the debris within 30 days it would be subject to a show cause. The court reiterated in the order that the facility is not excused from compliance with any regulations.

Councilman Conley stated he was asking the Law Department to provide the City Council with a status report on this order and what happened if needed at the show cause hearing.

The City Manager stated the Council will receive information on the City inspections and enforcement status at the next Council meeting.

E. Resolutions

1. A resolution regarding tax exemption status for the Columbus Club of East Providence.

RESOLUTION IN SUPPORT OF LEGISLATION ALLOWING COLUMBUS CLUB OF EAST PROVIDENCE EXEMPTION FROM TAXATION

WHEREAS, the Columbus Club of East Providence is desirous of having legislation introduced by the General Assembly of the State of Rhode Island arising the Columbus Club of East Providence receive, hold, transmit, and convey real and personal estate, including registration of motor vehicles and personal estate to the amount not exceeding $100,000.00 which would allow this exemption from taxation to be retroactive for the past five (5) years.

NOW, THEREFORE, BE IT RESOLVED that the East Providence City Council hereby supports legislation allowing this exemption from taxation.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the East Providence City Council hereby requests that the City Clerk send a copy of this Resolution to the Governor of the State of Rhode Island, the Lieutenant Governor of the State of Rhode Island, the President of the Rhode Island Senate, the Speaker of the Rhode Island House of Representatives, and the Senators and Representatives of the City of East Providence.

This resolution shall become effective upon its passage.

Requested By: Assistant Mayor Rose

Mayor Rogers hands in a recusal form to the City Clerk as he is a member of the Columbus Club.

The Solicitor requests the item be deferred as the resolution needs to be adjusted.

Councilman Conley states this is similar to action taken with other groups and the Budget Commission determined the action is either not legal or they reversed it. We should let these groups know if this is so.

Assistant Mayor Rose states they do realize this has to also go to the Budget Commission.

A motion to defer is made by Assistant Mayor Rose, seconded by Councilman DiGioia and on a roll call vote it is unanimous with Mayor Rogers recusing.

F. Introduction of Ordinances

1. An ordinance regarding no parking on Pawtucket Avenue (west side) from Ailanthus Street north for a distance of 240 feet.

AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THEREVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE,RHODE ISLAND, 1998, AS AMENDED, ENTITLED“VEHICLES AND TRAFFIC”

Pawtucket Avenue (west side) from Ailanthus Street north for a distance of 240 feet

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

Requested by: Director of Public Works

The City Manager stated there is a Public Works memo to create a zone for public safety vehicles if needed. There was a discussion with EBCAP and there are no issues for their parking. With the banked driveways people can't get out of driveways.

A motion to approve is made by Councilwoman Kleyla, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.

2. An ordinance regarding no parking Bristol Avenue (south side) from Viola Avenue for a distance of 40 feet.

AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THEREVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE,RHODE ISLAND, 1998, AS AMENDED, ENTITLED“VEHICLES AND TRAFFIC”

Bristol Avenue (south side) from Viola Avenue for a distance of 40 feet

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

Requested by: Director of Public Works

The City Manager stated is a Public Works memo to allow for improved travel for school buses and other large vehicles due to the narrow width.

A motion to approve is made by Assistant Mayor Rose, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous.

3. An ordinance relating to personnel.

AN ORDINANCE IN AMENDMENT OF CHAPTER 11 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED ENTITLED "PERSONNEL”

SECTION I. Subsection (g) entitled "Rating examinations" of Sec. 11-64 entitled "Examination procedure" of Chapter 11 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled "Personnel" is amended to read as follows:

(g) Rating examinations. The final score of a candidate shall be based upon all tests and evaluations in the examination. Failure in one part or test of the examination may be grounds for declaring candidates as failing in the entire examination or as disqualified for subsequent parts of an examination. In addition, in rating examinations for entrance into the classified service, except for police and fire candidates, the director shall increase the score of a candidate, one percent for each consecutive year that such current resident-candidate has been a resident of the city up to a maximum of ten percent. In rating examinations for police and fire candidates for entrance into the classified service, the director shall increase the score of a current resident-candidate one percent for each consecutive year that such candidate has been a resident of the city up to a maximum of five percent. Furthermore, in rating examinations for entrance into the classified service, the director shall increase the score of a veteran-candidate four percent or five percent for a post-9/11 veteran-candidate, up to a maximum of five percent, such increase being cumulative with the resident-candidate scoring. For the purposes of this section, the terms “veteran” and “post-9/11 veteran” are as defined in the Veterans Opportunity to Work (VOW) To Hire Heroes Act of 2011, 5 U.S.C. § 2108, as may be amended from time to time. Seventy percent shall be the lowest score on an examination to be acceptable as qualifying and the maximum score shall be 100 percent.

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

The City Manager started this is a code amendment to provide points to veterans and 911 veterans for new hires and is in addition to any other points such as residency.

A motion to approve is made by Assistant Mayor Rose, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous.

4. An ordinance regarding no parking on a portion of Bentley Street.

AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THEREVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED“VEHICLES AND TRAFFIC”

Bentley Street (east side) from Mauran Avenue to Fort Street

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

The City Manager stated he received reports from Police and Fire that this situation is similar to Ingraham Street with parking on both sides and to eliminate one side for public safety vehicles and for an easier traffic pattern on the east side.

A motion to approve is made by Assistant Mayor Rose, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous.

5. An Ordinance regarding No Parking on Oakley 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”

Oakley Street (north side) from Broadway to Lyon Avenue

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:

Oakley Street (north side) from South Sharon Street to Lyon Avenue

Oakley Street (north side) from Broadway west for 205 feet

SECTION III. 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

A motion to defer is made is by Councilman DiGioia, seconded by Councilwoman Kleyla and on a roll call the vote is 3-2 with Assistant Mayor Rose and Mayor Rogers voting Nay.

G. Communications

1. Anthony Ferreira, 44 Brightridge Avenue (02914) requesting to address the Council requesting an answer to the question of whether or not there will be Middle School Sports in September 2012.

At the School Committee meeting they had no idea if the middle school sports money was always there and if so why everyone was pleading to get it back. Why did volunteers donate hundreds of hours to raise it and O'Keefe say it was taken out?

Mayor Rogers stated it was misunderstood it was never removed I fought to keep it in the budget it never was officially taken out for rest of 2012 only 2013.

Mr. Ferriera asked the Mayor to send the superintendent a letter that he is the one responsible and that its in there.

The mayor stated he would.

2. Edward Poirier, Jr., 15 Buckthorne Avenue requesting to address the Council regarding his Human Resource Director Consolidated position application.

Stated he has been in East Providence for 50 years. Last year he was laid off after 32 years from Gilbane. This was the only company he worked for and he did all the finance, purchasing, superintendent and program manager. When the EP HR coordinator position came up he put in the application while he was not called for an interview he just wanted to state two things, one can do the job and will give back 25% of the salary to go back to the City.

XI. ADJOURNMENT

A motion to adjourn is made by Assistant Mayor Rose, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous.

Approved By Council: September 4, 2012

Attest: _________

City Clerk