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| CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING July 17, 2012 Council Chambers, City Hall, 145 Taunton Avenue, East Providence, RI 02914 7:00 P.M. Executive Session Room 101 7:30 P.M. Open Session |
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I. EXECUTIVE SESSION
The City Council of the City of East Providence will meet in Executive Session pursuant to RI General Laws § 42-46-5 (a) (2)
A. Claims Committee
New Claims
1. Jose Bettencourt and Bonnie Williamson
2. Maria Garcia
3. Peggy Mercurio
II. CALL TO ORDER
III. SALUTE TO THE FLAG
IV. TO APPROVE THE CONSENT CALENDAR
All items under “CONSENT CALENDAR” are considered to be of a routine and noncontroversial nature by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council member so requests, in which event, the item will be removed from the “CONSENT CALENDAR” and will be considered in its normal sequence on the docket.
A. Letters
1. Coastal Resources Management Council, Management Procedures Revision.
2. Coastal Resources Management Council Semi-Monthly Meeting, Tuesday, June 26, 2012, 6:00PM, Conference Room A, Administration Building, One Capitol Hill, Providence.
3. Notice of New Property Number, 257 Ferris Avenue, IGUS Bearings, Inc., 50 N. Broadway (02914).
4. Coastal Resources Management Council, July 2012 Calendar.
B. Council Journals
1. Regular Council Meeting, June 19, 2012
C. Alcoholic Beverage Class F
1. Maria J. Rodrigues Passos, 162 Mercer Street, Our Lady of Loreto, Brazilian Feast, July, 28, 2012.
2. James Miller, 94 Clyde Avenue, 8th Annual Brian "B-Lo" Lundstrom Memorial Motorcycle Ride, Brightridge Club, 59 Brightridge Avenue, July 29, 2012.
D. Cancellation/Abatements
| Year | |
| 2012 | $23,718.29 |
| 2011 | $287.90 |
| | |
| Total | $24,006.19 |
A motion to approve the Consent Calendar is made by Assistant Mayor Rose, seconded by Councilman DiGioia and on a roll call vote it is unanimous with Councilwoman Kleyla absent.
V. PUBLIC COMMENT
1. Edward Vettri - Code 9-1.1(deferred to later on the docket)
2. Leo Furtado - 18-247 and 18-307 (deferred to later on the docket)
3. Dean Ventre - Block Party (deferred to later on the docket)
4. Freddy Rybka - Orlo School Storm Drains
VI. LICENSES REQUIRING PUBLIC HEARING
A. Flea Market
The Lincoln Bar & Grille, 24 Monroe Avenue (02915), Paul R. Nolette, 222 Bucklin Street, Pawtucket (02861)
Mr. Nolette states that the flea market will be held on Saturday, July 28 from 10am-3pm, it is a for profit flea market located in the two large lots adjacent to the building.
A motion to approve is made by Assistant Mayor Rose, seconded by Councilman DiGioia and on a roll call vote it is unanimous with Councilwoman Kleyla absent.
VII. LICENSES NOT REQUIRING PUBLIC HEARING
(All licenses are approved by Council based on all required approvals being met from Police, Fire and Buildings.)
A. Vict/Over 50
East Providence Persy's Place, LLC DBA Persy's Place, 140 Newport Avenue (02916), Shawn Heston, PO Box 70085, Dartmouth, MA 02747
Mr. Heston states this is the old Star Diner and Persy's will be open from 6am-3pm 7 days a week. They currently have multiple locations and the business is run by their family. All the locations are in Massachusetts and this will be the first Rhode Island location.
A motion to approve is made by Assistant Mayor Rose, seconded by Councilman Conley and on a roll call vote it is unanimous with Councilwoman Kleyla absent.
Mayor Roger acknowledged Mr. Heston and the upcoming ribbon cutting ceremony. Councilman DiGioia welcomed Mr. Heston.
B. Peddler/Ice Cream
TKW, LLC DBA North Creamery, 1527 Mineral Spring Avenue, North Providence (02904), Thomas K. Wright, 83 9th Street, Providence (02906)
Mr. Knight states they are currently in Providence and North Providence where they have a store front, they are out depending on the weather and usually work events and farmers markets rather than a daily ice cream truck.
A motion to approve is made by Councilman Conley, seconded by Councilman DiGioia and on a roll call vote it is unanimous with Councilwoman Kleyla absent.
C. Peddler/Ice Cream
Kona Ice Cumberland, RI Inc., 30 Brookdale Street, Cumberland (02864), David M. Souza, 30 Brookdale Street, Cumberland (02864)
The applicant was not present.
A motion to defer is made by Councilman Conley, seconded by Councilman DiGioia and on a roll call vote it is unanimous with Councilwoman Kleyla absent.
VIII. PUBLIC HEARING
A. SHOW CAUSE HEARING
Council Sitting as Licensing Commissioners
1. Marvic Enterprises, Inc. DBA Jordan's Liquors, 199 Taunton Avenue (02914), Marco Pacheco, 30 Robin Hood Drive (02915)
A motion to approve the first offence fine of $250 as recommended by Sgt. Andrews is made by Councilman Conley, seconded by Councilman DiGioia and on a roll call vote it is unanimous with Councilwoman Kleyla absent.
2. K & G Enterprises, Inc. DBA Restaurant La Camelia, 92 Waterman Avenue (02914), Kevork Moukhtarian, 336 Anthony Street, Seekonk, MA
A motion to approve the first offence fine of $250 as recommended by Sgt. Andrews is made by Councilman DiGioia, seconded by Councilman Conley on a roll call vote it is unanimous with Councilwoman Kleyla absent.
3. Clift's Liquors, Inc., 191 Willett Avenue (02915), Howard J. Clift, Jr., 12 Dagnillo Drive, Warwick (02818)
A motion to approve the first offence fine of $250 as recommended by Sgt. Andrews is made by Councilman DiGioia, seconded by Councilman Conley and on a roll call vote it is unanimous with Councilwoman Kleyla absent.
Councilman DiGioia thanked Mr. Clift for taking responsibility.
4. P & G Bowling, Inc. DBA East Providence Bowling Center, 80 Newport Avenue (02916), Phyllis Gendron, 468 Fairway Drive, Somerset, MA
A motion to approve the first offence fine of $250 as recommended by Sgt. Andrews is made by Assistant Mayor Rose, seconded by Councilman Conley on a roll call vote it is unanimous with Councilwoman Kleyla absent.
Mayor Rogers requested to change the order of business and move the block parties up on the docket. No objection was heard.
1. Dean Ventre and Roger Morrell, 16 Outlook Avenue (02914) requesting to address the Council regarding their 6th Annual Block Party, Saturday August 11th, closing off Outlook Avenue from Hawthorne Avenue and Brightridge Avenue.
A motion to approve is made by Councilman Conley, seconded by Councilman DiGioia and on a roll call vote it is unanimous with Councilwoman Kleyla absent.
3. Helen Walsh, 12 Oriole Street (02916) requesting to address the Council regarding a Neighborhood Pot Luck/Block Party blocking off Oriole Street for 3 hours on Sunday July 29, 2012.
A motion to approve is made by Councilman Conley, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous with Councilwoman Kleyla absent.
The Mayor requests the meeting be returned to the regular order of business. No objection is heard.
IX. PUBLIC HEARING - ORDINANCES FINAL PASSAGE
1. 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”
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:
Bentley Street (west 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 provides an explanation as the Public Works Director is unable to be present for the meeting. He states that there have been complaints from residents in the area due to parking on both sides of the street and that havoing the parking on only one side would alleviate this.
Councilman Conley states that usually Council is provided this information from Public Works for review prior to taking action. Although a summary was just provided by the City Manager should remain policy to receive this information prior to the meeting and in the absence of that he would ask for a motion to defer tonight.
A motion to approve is made by Assistant Mayor Rose, hearing no second the Mayor vacates his seat and seconds the motion on a roll call vote the motion is defeated 2-2 with Councilman Conley and Councilman DiGioia voting Nay, with Councilwoman Kleyla absent.
A motion to defer is made by Councilman Conley, seconded by Councilman DiGioa and on a roll call vote it is unanimous with Councilwoman Kleyla absent.
Councilwoman Kleyla arrives at 8:23PM.
2. An Ordinance regarding a One Way Street for 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
Testimony is heard against the One Way Street:
1. Leo Furtado, Mr. Furtado also submits a petition to Council.
Councilman Conley makes a motion to officially accept the petition as part of the record, seconded by Councilman DiGioia and on a roll call vote it is unanimous.
Mr. Furtado submits photos to the Council.
Councilman Conley makes a motion to officially accept the photos as part of the record, seconded by Councilman DiGioia and on a roll call vote it is unanimous.
Testimony is heard regarding a traffic study:
1. Tony Ferierra
The Mayor states the area is congested and this issue was discussed with the Zoning Officer as well as the Public Works Director who spoke with the 3 area businesses which this change effects and that there are no homes located in the immediate area where this is being proposed.
The Police Chief adds that the Traffic Study should be conducted by the Police Department and that this will be conducted and submitted to the City Manager.
A motion to defer and await a study report is made by Councilwoman Kleyla, seconded by Councilman DiGioia and on a roll call vote it is unanimous.
3. An ordinance regarding no parking on a portion of 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 18-307 entitled “Parking prohibited at all times.” of Article X entitled “Stopping, Standing and Parking.” of Chapter 18 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Vehicles and Traffic.” is amended by deleting therefrom the following:
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 North Sharon Street to Lyon Avenue
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 and await a study report is made by Councilman DiGioia, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous.
4. An ordinance amending the Economic Development Commission.
AN ORDINANCE IN AMENDMENT OF CHAPTER 2 OF THEREVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “ADMINISTRATION”.
SECTION I. Section 2-116 entitled “Established; composition” of Division 5 entitled “Economic Development Commission” of Article III entitled “Boards, Committees, Commissions” of Chapter 2 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Administration” is amended to read as follows:
Sec. 2-116. Established; composition.
An industrial economic development commission is hereby established in and for the city to consist of nine regular members and the city manager or designee, and the director of planning or designee and a liaison from the East Providence Chamber of Commerce who shall be ex officio, voting members. Each of the nine regular members of the commission shall be a qualified elector of the city at the time of his appointment and during his incumbency. A preference in appointing members shall be given to nominees who have a strong financial background.
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 requests the Planning Director Jeanne Boyle to come to the podium to explain. Director Boyle explains this ordinance change to the Economic Development Commission came out of meetings with the East Providence Chamber. The primary function of the Commission is to review Economic Development loans previously it was always happenstance that those selected had some banking experience. This ordinance adds that formally to the appointment process. In addition, it adds a member from the East Providence Chamber of Commerce.
A motion to approve is made by Councilwoman Kleyla, seconded by Councilman DiGioia and on a roll call vote it is unanimous.
5. 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 there is a congestion issue with the parking on both sides of this section of the street and this would solve the issue by making parking on one side only.
A motion to defer awaiting a study is made by Councilman DiGioia, seconded by Councilman Conley and on a roll call vote it is unanimous.
X. NEW BUSINESS
A. City Managers Report (by City Manager Peter Graczykowski)
The City Manager asked for Council consent to add an item for informational purposes only, there is no objection.
The City Manager introduced John Cimino who will serve as a temporary Finance Director until the interview process for a permanent director can be completed.
1. Departmental Activity Update
2. Payment to Bradley Hospital
The City Manager states the final payment for past debt has been made to Bradley Hospital adding that this debt contributed to the low bond rating the City had previously received.
3. Municipal Services Task Force
This was formed by the Governor and its purpose is to look for consolidation options between East Providence, Pawtucket and Central Falls. There will be two State appointed positions and 3 municipal positions one from each city for a total of 5 members of the Task Force.
4. Forbes Street Solar Lease
The lease agreements are being finalized. The City Manager thanked the Planning Department for all their hard work finding a suitable situation for a former land fill which has been out of use for over 30 years.
B. Reports of Other City Officials
1. Claims Committee Report (by 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 5-0.
EAST PROVIDENCE CLAIMS COMMITTEE
CLAIMS & LITIGATION REPORT
TUESDAY, JULY 17, 2012; 7:00 P.M.; ROOM 101
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NEW CLAIMS
BETTENCOURT, JOSE $1,000.00
WILLIAMSON, BONNIE
RM No. 12-027, Claim No. 12-019
Claim for reimbursement of expenses incurred for maintenance of City property that abuts the claimants’ property.
Motion by: Councilman Rose Seconded by: Councilman Conley
Motion: Deny the claim.
GARCIA, MARIA $528.94
RM No. 12-026, Claim No. 12-018
Claim for personal injury and personal property damage sustained as a result of a slip and fall on Phillips Street. See recommendation of the Director of Public Works.
Motion by: Councilman Conley Seconded by: Councilman Rose
Motion: Refer the claim to W. Walsh Company.
MERCURIO, PEGGY $2,120.00
RM No. 12-023, Claim No. 12-015
Claim for reimbursement of expenses incurred to repair a sewer blockage caused by roots from a City tree. See recommendation of the Director of Public Works.
Motion by: Councilman Conley Seconded by: Councilman Rose
Motion: Approve the claim in the amount of $445.00. The balance of the claim referred to United Water.
A motion to approve the Claims Committee Report is made by Councilman Conley, seconded by Councilman DiGioia and on a roll call vote it is unanimous with Councilwoman Kleyla abstaining as she was absent during the Claims Committee Meeting.
2. School Committee Update (by Council Liaison School Committee Member Chrissy Rossi)
Hennessy School did not meet RIDES new priority classification system. This means the school will now have the highest level of oversight by the State, as part of this the City may receive additional funding from the State for education. The move to City Hall is underway and all School Departments have been packing up their offices. No one is happy about the move on either side of City government but hopefully an olive branch of welcome will be extended. The Superintendent has asked for assistance and approval to fill an assistant position based on the very short staffed situation the School Department is in. This has been approved by the Budget Commission. Construction is still taking place at the High School although it is a scaled down version. However, there has been a great deal of progress in the Art Wing and the asbestos has been abated from the front hall and all of this is ahead of schedule. People are working very hard. They are now moving to other areas and have replaced the desks in the Computer Lab so that they can handle more students more comfortably. They are also working on the Elementary School doors. Negotiations are progressing. There is no money in the Budget for Middle School Sports for the fall or years 12-17. Bradley was paid over 4 million dollars and the City is now current. Special Education has dropped from 27% to 19% and we are continuing to look for savings
3. Handicap Parking Sign Approval for 24 Custer Street (by Director of Public Works Steve Coutu)
No objection was heard regarding the memo from Director Coutu authorizing the Handicap Parking sign.
4. AmeriCorps National Civilian Community Corp- Emergency Preparedness Local Outreach (by Deputy EMA Director Wayne Barnes)
Deputy EMA Director Wayne Barnes introduced Joseph Lang from the Department of Health who provided details on the AmeriCorps team who will be training for emergency and special needs registry via RI EMA. Police and Fire will also be involved. The team will be handing out emergency kits in East Providence. They will be in their AmeriCorps uniforms and a lettered van.
A two minute recess is called.
Mayor Rogers requests the Resolution be moved up on the docket. No objection is heard.
E. Resolutions
1. A Resolution regarding tax exemption for Associated Radio Amateurs of Southern New England.
WHEREAS, the Associated Radio Amateurs of Southern New England operating as W1AQ and organized in 1925 is an amateur (HAM) radio organization that provides emergency communications services during natural disasters and is located in and owns property in the City of East Providence, and
WHEREAS, the Associated Radio Amateurs of Southern New England operating as W1AQ is presently being assessed taxes by the City of East Providence in the amount of $2,302.00 and;
WHEREAS, the Associated Radio Amateurs of Southern New England has no income and has its budget entirely funded by membership club dues; and
WHEREAS, the Associated Radio Amateurs of Southern New England is the oldest station that owns its own club and land; and
WHEREAS, emergency management personnel have stated that communications systems, no matter how technologically advanced, may and/or will at some point fail. The HAM radio organization and members provide a network in order to avoid complete failure of communication; and
WHEREAS, amateur radio operators are a valued backup plan in emergencies as noted in recent events including the northeast blackout in 2003 and Hurricanes Katrina and Rita in 2005.
NOW, THEREFORE, BE IT RESOLVED that the East Providence City Council hereby supports the following proposed legislation allowing the Associated Radio Amateurs of Southern New England operating as W1AQ permanent exemption from taxation:
To be enacted by the General Assembly as follows:
The Associated Radio Amateurs of Southern New England, a Rhode Island non-profit corporation shall be entitled to acquire, take, receive and hold by purchase, sale, gift, lease, devise, bequest or otherwise, real and personal estate of every kind and description without limitation on the total amount thereof, for religious, charitable or educational purposes, communication and communication technology and to use, manage, operate, improve, and apply same for the aforementioned purposes. The said corporation and all of their said real and personal estate including registration of motor vehicles shall be exempt from all taxes imposed by the state and by any political subdivision thereof, which said exemption shall apply to all taxes imposed by law upon real and personal estate.
SECTION 2. This act shall take effect upon passage.
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 from the City of East Providence.
Requested by: Councilwoman Kleyla
Mr. Chapman spoke and reiterated what he had presented to Council at a previous meeting. The organization has been in existence since 1925. There function has changed over the years. They support emergency services for the City. They are the oldest station organization in history. They own the building and property and have been tax exempt since their inception. Due to the age of their membership they are financially unable to support the tax payment. They have offered to provide a service and become annexed into the emergency management preparedness service. Mr. Chapman refers to the EPPD memo in support of this which is in the Council packet. Stating that if those systems were down HAM radio would be the only other means of emergency communication.
Councilwoman Kleyla speaks in favor of the resolution for tax exemption. She states the importance of the emergency management function, the Rumford landmark, true non-profit, East Providence residents, the tax bill is low $2,300 and for the service they will provide the City she adds she feels we should be able to do this.
Mr. Chapman added they will no longer exist if they are taxed.
The City Manager added that for the services this agency can provide the City and the low level of dollars we should be able to work this into our emergency management services. This item will have to go before the Budget Commission.
A motion to approve the tax exemption resolution is made by Councilwoman Kleyla, seconded by Councilman Conley and on a roll call vote it is unanimous.
C. Council Members
1. Bi-Weekly Update (by Mayor Rogers)
2. Promotions Reflect Qualifications, Hard Work and Tenure (by Mayor Rogers)
The Mayor stated that tenure should be factored in when moving people around as part of consolidations and promotions. If they have tenure and are hard workers they should move up through the ranks. If they were not hard workers then they should have been removed before the promotion process. Those already working for the City should be given the opportunity to move up when a position becomes open. They should be given preference to those who live outside the City.
3. Budget Process/No Budget Commission (by Mayor Rogers)
The Mayor states this is mostly a question for the City Manager. Will this year's budget process be the same as year's prior?
The City Manager stated yes but the Budget Commission will hold the Budget Hearings not the Council. There will still be public input. He added that his understanding is that they will be looking to Council for input in this process but they will hold all the hearings and pass the budget.
Mayor Rogers asked if the City Manager knew when the Commission might be leaving the City.
The City Manager stated it really depends on how quickly a 5 year balanced budget can be approved and this includes the pensions.
The Mayor asked how the Overseer portion of the law reads.
The City Manager stated that there is a provision for an Overseer for 5 years following the exit of the Commission. They work as an intermediary between the City and the State and insure the City remains on track. The legislation was written for a strong Mayor form of government not a City Manager so the details will have to be implemented as they happen.
4. Adopt an Island (by Mayor Rogers)
The City is having difficulty keeping on top of all the clean up and plantings on the islands due to shortness of staff. The adopt an island program would allow businesses to adopt an island and maintain its upkeep, plantings etc...the business would receive a sign stating they have adopted that island. The Mayor asked the City Manager if it could be determined how many there were. He also stated that once this is determined it can be referred to the Beautification Committee to work out the details and research how this is done in other communities.
A motion to approve is made by Councilwoman Kleyla, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.
5. Unwanted Delivery of Providence Journal (by Mayor Rogers)
The Mayor stated he still receives complaints regarding the Providence Journal's Thursday delivery to each household. There is a request form on line on the Journal's website to discontinue but after a period of time it appears the delivery begins again. They are thrown in front of vacant homes and apartments where some tenants don't pick them up and they litter the streets. They get stuck in the snow in the winter and freeze to the ground. The Mayor asked to refer this item to the Law Department for review of a possible ordinance to prohibit the delivery.
6. 78 Anthony Street Update (by Mayor Rogers)
Director of Planning Jeanne Boyle was called to the podium to explain where the City was regarding 78Anthony Street. Director Boyle explained this was housing deeded to the City for which they received funding for the renovations via HUD. The house is almost complete. It contains 3 bedrooms and 1 and half baths as well as a full basement. It will be sold at an affordable rate. It will be sold via a lottery process. Preference is given to East Providence residents who meet the eligibility requirements under fair housing. The project will be complete in the next week or so and the lottery will begin within the next 4 weeks.
7. Fuller Library (by Assistant Mayor Rose)
The Assistant Mayor asked the City Manager if he could provide a status regarding the Fuller Library building and property as this was one of the libraries closed. He added that neighbors have requested to know what types of businesses might go there or will it be a residency?
The City Manager reported that the Planning Department is getting a market value on the properties. An inventory will be created and eventually a portfolio which will be marketed including what are the types of usages as well as remediation work needed.
Mayor Rogers added that the business must conform to the Zoning for the area.
8. Update on Labor Day Parade (by Assistant Mayor Rose)
The Assistant Mayor called Jim Miller to the podium to say a few words about the Labor Day Parade. This parade took place in the past and went dormant in the mid 1970's. The parade will consist of bands, floats, local businesses, organizations and youth groups. They are looking for volunteers to help. Anyone who wishes to help or to participate in the parade should contact Jim Miller or Assistant Mayor Rose.
9. Status of TLA/ Pondview - Litigation and Inspections (by Councilman Conley)
There has been a Zoning appeal pending in Superior Court. There is a debris collection report which was provided to Council. We are seeing steady and sure progress toward a good resolution. The City will continue to monitor and hold to its obligations and to inspect. The Zoning Officer accompanied by the engineer has cited violations via a thorough walk thru followed by a report with photos of the debris. There are two separate matters pending in court, the appeal and the receivership. Materials have been properly removed and this has been a significant improvement including the improvement via the limit of 150 tons per day of only wood products. In Superior Court hearings last week the receiver had to report to the court in regard to his duties to manage the property and the four large piles of debris. The receiver must submit a report and use the bond previously posted to DEM to ensure compliance. The receiver sent out a letter detailing a plan for removal of piles within 6 months. The City has argued the plan is insufficient because it doesn't contain milestones and the time period is too long. The Court ordered DEM to come up with a plan immediately.
F. Introduction of Ordinances
1. 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 Assistant Mayor Rose, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous.
2. An ordinance regarding an Audit Management Letter and Status Report to City Council and School Committee.
AN ORDINANCE IN AMENDMENT OF CHAPTER 16 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “TAXATION”
SECTION I. Article IX entitled “Financial Reporting Requirements” of Chapter 16 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Taxation.” is amended by adding thereto the following:
Sec. 16-96. Audit Management Letter
(a) The City is required by local, state and federal regulations to commission an annual audit of its financial statements. As part of the annual audit process, the City’s auditors issue internal control and compliance reports and a management letter detailing issues of internal controls and material weakness.
(b) The City and the School district shall prepare a written response to each deficiency and compliance finding noted in the management letter for the annual audit. Such response must be prepared and submitted to the City Council, School Committee, and state oversight body, if applicable, within forty-five (45) days of receipt of the management letter.
(c) The City Manager and the Superintendent of Schools shall provide a status report to the City Council and the School Committee, respectively, on a quarterly basis.
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 Assistant Mayor Rose, seconded by Councilwoman Kleyla and under discussion:
A motion to refer this item to the Budget Commission for a response on why they are seeking Council approval on this matter but not on others is made by Councilman Conley, seconded by Councilman DiGioia and on a roll call vote it is unanimous.
G. Communications
2. Ken Goucher, 291 Brown Street requesting to address the Council regarding the dining room at the Senior Center. He would like the City to pay for meals when the East Providence Pool League brings in guests from other Senior Centers.
Mr. Goucher was not present. The Director of Senior Services had let the City Manager know that a response had already been provided to Mr. Goucher.
4. Wesley D. Plante DBA Land Plan Associates, 5 Ferncrest Drive (02915) requesting to address the Council regarding prior Council approval of CME Solar Power Farm at former Forbes Street Landfill.
5. Anthony Ferreira, 44 Brightridge Avenue (02914) requesting to address the Council regarding 3 to 2 count for the upcoming 2013/2014 year.
6. Freddie Rybka, 9 Cozzens Avenue (02915) requesting to address the Council regarding City equipment.
XI. ADJOURNMENT
A motion to adjourn is made by Councilman DiGioia, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous.
Approved By Council: August 21, 2012
Attest: _______________
City Clerk