CITY OF EAST PROVIDENCE

RHODE ISLAND

JOURNAL OF REGULAR COUNCIL MEETING

June 19, 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

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. Lucia DaLomba

2. Colleen Derrick

3. Lori Santilli

Claims for Reconsideration

4. Kathleen Rodrigues

Litigation

5. Heidi Dubuque vs City of East Providence

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 June Calendar.

2. CRMC Cease and Desist Order for Manfred and Sheila Steiner, 27 Carousel Drive (02915) alteration of a designated buffer zone and conservation area.

3. Pawtucket School Committee Resolution in opposition to the passage of the Highly Distressed Intervention Act as proposed by Governor Chafee.

B. Council Journals

1. Regular Council Meeting, June 5, 2012

C. Cancellation/Abatements

Year	Amount
2012	$59,142.35
2011	$5,633.92
2010	$69.01
2009	$398.64

Total	$65,243.92

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

V. PROCLAMATIONS AND PRESENTATIONS

A. Proclamation for National Park and Recreation Month by Mayor Rogers

VI. PUBLIC COMMENT

1. Karen Donovan - CDBG - will speak later on the docket

2. Eric Baptista -Columbus Club - will speak later on the docket

3. Tom Riley - The Good the Bad and the Indifferent

VII. LICENSES NOT REQUIRING PUBLIC HEARING

A. Hawker

Joshua Freitas DBA Tasty Dog, 680 Arcade Avenue, Seekonk, MA 02771.

A motion to approve is made by Councilwoman Kleyla, seconded by Councilman DiGioia and on a roll call vote Assistant Mayor Rose votes Nay, the motion passes 4-1.

VIII. PUBLIC HEARING

A. 2012-2013 CDBG Funding

The City Manager stated this is the final vote which was delayed so that the entire Council could be present. He called David Bachrach to the podium.

David stated it's important that the vote takes place today and then there will be an additional 30 day comment period and then the final proposal is sent to HUD by August 15th. If not the City could lose the funding for the 2013 year. If the City does not choose Option D which is the one that redirects additional funds to human services via asset forfeiture funds, after 6 months the unutilized funds could be reallocated. There is a $30,000 difference between what was previously presented.

Director of Planning Jeanne Boyle was present to answer any questions.

Karen Donovan the Vice President for HR for East Bay Center stated that it's been a downward spiral for human services. The Economic Development definition should be broadened and unfortunately we can't have patients advocate they can only share anonymously the success stories. Ms. Donovan read two cases which impacted very positively on two East Providence residents. The services these programs provide minimizes other costs such as hospitals, police and fire.

Dennis Roy, 40 Walter Street, Hopkinton CEO of East Bay Community Action thanked the Council for the support from the City over the years. Next year we will have opportunity again to do so and we certainly prefer Option B or C but if not then we need to move forward with our programs.

Councilman Coley stated the foundation for the discussion and support of Option D is fake, it's a myopic definition of Economic Development. Why these programs are wasteful is an argument we shouldn't accept, that argument really begins the change of culture for how our community uses community development block grant money. This argument reduces the decision to bean counting rather than decisions based on people who understand that serving others is the most basic role of leadership. I suggest we go to Option B and leverage the dollars to really promote economic development and I'm prepared to make a motion for Option B.

Councilwoman Kleyla stated she would be happy to support the motion for Option B but also wanted to discuss a possible revision, if due to the asset forfeiture funds, couldn't we move the left over $10,000 to economic development?

Discussion ensues regarding this suggestion of extra funds being used in Option B to fund economic development.

Director Boyle states this would be possible and it could be done tonight followed by the 30 day comment period.

Councilman Conley states that with Option B we can fund as presented and then utilize the $10,000 in the asset forfeiture funds and allocate these dollars among economic development.

The City Manager states as verification the asset forfeiture funds can only be used for the programs as shown here and then the monies they free up, $10,300 can be used elsewhere. Director Boyle confirms this.

Councilman Conley states to Director Boyle that if we do this then under Option B you should have $20,000 for job training which makes this a viable program.

Councilman Conley makes the following motion: to approve Option B amending it to include the Asset Forfeiture funds of $10,330 to fund the following programs; $5,250 Women's Center Domestic Violence, $3,200 Day One Children's Advocacy Center and $1,080 Teen Violence Prevention and to amend the CDBG funds for Economic Development, Job Training and Job Development, to $20,330 with a 6 month trial period in the Economic Development category that if Planning determines this is not successful the remaining monies will come back to Council to be reallocated, this motion is seconded by Councilwoman Kleyla and under discussion:

Mayor Rogers asks the City Manager what is his recommendation.

The City Manager states that he recommends Option D but it is the Council's prerogative to reallocate, the Budget Commission chose Option D but he believes there is some flexibility there. Especially with the closeness of the numbers Option B with amendments could be an option.

Director Boyle echoed the City Manager's suggestion and to include the 6 month proviso that if the programs are not generating success they have the option to reallocate the funds.

Councilwoman Kleyla asked that if it is once delineated as Economic Development can it be changed?

Director Boyle stated not without coming back to the Council for approval with clearance via HUD just like the process we are doing now.

Councilman Conley stated he has a concern with the trial period he would like clarification that if you can come back and reallocate economic development can you also reallocate other categories like Human Services.

Director Boyle stated that would be highly unlikely as the non profits will expend the funds as HUD looks for timely expenditure as well and we could lose money next year if this did not happen.

The vote on the motion is unanimous.

Mayor Rogers requests to move Debra Gomes from Communication to this point on the docket and not objection is heard.

4. Debra C. Gomes on behalf of Bethany Church of the Nazarene, 1275 Pawtucket Avenue requesting to address the Council regarding blocking off Chaffee Street the week of August 20th Monday-Friday from 5:30PM to 9:00PM for Vacation Bible School.

Debra Gomes 110 West River Street in Seekonk, MA testifies, this is their 5th year and there are 75 children who participates there have been no complaints from the neighbors in fact they have gotten to know their neighbors well and everyone has a great time. The street closures will go to the Police Chief following Council approval.

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

IX. PUBLIC HEARING - ORDINANCES FINAL PASSAGE

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

SECTION I. Article II entitled “Miscellaneous Business and Occupational Licenses and Permits” of Chapter 8 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Licenses and Business Regulations” is amended by adding thereto the following:

Sec. 8-40. Fireworks.

A. No person who has a license as a stationary or itinerant solicitor pursuant to Article VII and Article VIII of this chapter shall sell, carry or store fireworks outdoors or inside a temporary structure in the City of East Providence. Those certain fireworks and devices that are exempt from the definitions of display fireworks and aerial consumer fireworks and are permitted to be sold and stored in the State of Rhode Island pursuant to Chapter 11-13 of the General Laws of Rhode Island may be sold or stored by a person who has a license as a stationary or itinerant solicitor pursuant to Article VII and VIII of this chapter, but only inside a permanent structure approved by the Zoning Official and the Fire Marshal and in a manner approved by the Zoning Official and the Fire Marshal.

B. No person who has a permit for door-to-door solicitation pursuant to Article VII of this chapter shall sell fireworks in the City of East Providence.

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: Assistant Mayor Rose

Councilman DiGioia stated he is not supporting the ordinance as it helps local businesses and is great for the City and there is no evidence to support this iin any way hinders. He added that he feels this is bad for City.

Tom Riley spoke against the ordinances stating he believes the ordinance is misdirected as Councilman DiGioia has said and through the direct testimony we have heard regarding the safety factor these sales shouldn't be moved into a building.

Assistant Mayor Rose called the Fire Chief to podium to explain the difference between tents and buildings.

The Chief explained a tent with no one inside on a parking lot vs a building which is not up to fire code vs the opposite. There are too many variables depending on aisle egress out of the tent with no suppression system and a building with a sprinkler system. Whenever plans are submitted to the Fire Department we look at each one individually and hold to the code. One of the issues last year were that some vendors were selling illegal fireworks.

A motion to approve the ordinance adding the effect date of July 6, 2012 is made by Assistant Mayor Rose, seconded by Councilwoman Kleyla and on a roll call vote Councilman Conley and DiGioia vote Nay, the motion passes 3-2.

X. NEW BUSINESS

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

1. Departmental Activity Update

The City Manager stated the Department Activity Update is included in the Council's packet and that other items to be discussed on the docket contain the information provided in the Council pack as well and that he will address any questions.

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 Councilwoman Kleyla and seconded by Councilman Rose to convene in closed session for the purposes of discussing claims & litigation. Upon a roll call vote: Mayor Rogers – Aye, Councilman Conley - Aye, Councilman DiGioia – Aye, Councilwoman Kleyla – Aye, Councilman Rose – Aye, the motion is approved 5-0.

EAST PROVIDENCE CLAIMS COMMITTEE

CLAIMS & LITIGATION REPORT

TUESDAY, JUNE 19, 2012; ROOM 101; 7:00 P.M.

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

NEW CLAIMS

LUCIA DaLOMBA $299.82

RM No. 12-017, Claim No. 12-012

Claim for reimbursement of expenses incurred as a result of a sewer blockage caused by roots from a City tree. See recommendation of the Director of Public Works.

Motion by: Councilman Rose Seconded by: Councilman DiGioia

Motion: Approve the claim in the amount of $299.82.

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

COLLEEN DERRICK $100,000.00

RM No. 12-024, Claim No. 12-017

Claim for personal injuries sustained as a result of an incident on the sidewalk area in front of 350 North Broadway. Recommend referral to the insurance carrier.

Motion by: Councilwoman Kleyla 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

LORI SANTILLI $100,000.00

RM No. 12-021, Claim No. 12-016

Claim for personal injuries sustained as a result of a slip and fall on the pedestrian bridge located on Pleasant Street. 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

CLAIMS FOR RECONSIDERATION

KATHLEEN RODRIGUES $1,358.20

RM No. 12-014 Claim No. 12-009

Claim for property damage sustained to claimant’s vehicle as a result of striking a pothole on Freeborn Avenue. The Claims Committee voted at is meeting of May 15, 2012 to deny the claim. Claimant is asking for reconsideration of the claim based upon the attached explanation from the repair shop as to the excessive amount of the damages.

Motion by: Councilman Rose Seconded by: Councilwoman Kleyla

Motion: Deny the claim.

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

LITIGATION

Heidi Dubuque vs. City of East Providence

Workers’ Compensation Court

Claim # 201201688

Settlement

Motion by: Councilman Conley Seconded by: Councilman Rose

Motion: To settle the matter in the amount of $12,000.00.

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

A motion to approve the Claims Committee Reports 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)

Last Friday the EPHS graduation took place and over 300 seniors graduated at Pierce Field.

Starting times for next year's bus schedule changed to save half a million dollars eliminating some stops and changing the pickup times. While we are receiving calls that this is creating a hardship to get the kids to schools and for people to get to work we have no control over this and we are sorry but there is no way we can change the decision.

Construction will continue over the summer.

Last day of school is tomorrow and the first day of school is September 6th.

C. Council Members

1. Bi-Weekly Update (by Mayor Rogers)

The Mayor states there are flyers in the back of the room and it's for an important event which includes a free dinner with Senator Whitehouse to share ideas and comments regarding the economy. This is important because what the Federal Government does effects the cities and towns so please go and let Senator Whitehouse know how you feel, it's from 5:00pm-7:00pm on Sunday, June 24th at the Riverside Middle School.

2. Soccer Field/Kimberly Ann Rock Field (by Mayor Rogers)

The Mayor stated there was a meeting held with Planning, Recreation and also the leagues and the Soccer Task Force regarding the lack of field space. Various proposals were brought up. The Mayor called Director Boyle up to explain.

Director Boyle stated this issue has been ongoing for many years. Soccer takes up a lot of room and it presents a big challenge in a built up city such as East Providence. There are a few possible sites, one is Grassy Plains but the problems are limited parking and disrupting the neighbors. There is the field behind High School but the issues are sharing the space with the High School activities. The study also looked at Kimberly Field which could have 3 regular size soccer fields, one baseball field and room for 250 parking spaces. It would involve clearing a number of trees adjacent to the Ten Mile River Greenway but of the choices this was seen as the most favorable to the Soccer Task Force. The space is all public owned and open space. How to fund the idea, even if scaled back, will need to be addressed with the example given of a recent Exeter West Greenwich similar project which the cost was $1.25 million. Then they will also have to work with RI DEM as this is next to Central Pond and we want to limit the clearing of trees as much as possible.

Mayor Rogers asked if the RI DEM Open Space Grant Program might be an option and Director Boyle stated yes however is it very competitive and requires a 50 percent match.

There is a motion from Councilwoman Kleyla to approve and make part of the motion that searching for funding be a priority and to make recommendations back to the Council, this is seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.

3. Enforcement of No Parking/Overtime Parking Ordinances (by Mayor Rogers)

The Mayor stated he has been receiving phone calls from EBCAP and Berkeley, Bentley, Taunton and Warren Avenues as well as around City Hall concerned about when the School Department moves to City Hall. He is requesting a report via the City Manager from the Police Chief.

4. Labor Day Parade Update (by Assistant Mayor Rose)

Assistant Mayor Rose announces that Labor Day Parade will be September 3rd and it will be no cost to taxpayers. There is a process they have to go through to have streets closed via Department of Transportation and a route has been mapped out. Miss. East Providence and Mrs. Rhode Island have agreed to participate as well as many local businesses who are getting involved to create floats. We will be creating a website shortly and those interested can contact the Assistant Mayor at 952-8208.

5. Video Streaming of Council Meetings (by Assistant Mayor Rose)

Assistant Mayor Rose stated he requested this be placed on the docket as he has been getting feedback that some residents don't have cable access and some don't have Cox Communications for their provider. Not having meetings available on the Internet is a sign that we are moving backwards. We need to find a way to fund streaming again. He added he will be looking into this because it the cost which was eliminated previously was $3,500 for City Council and $3,500 for School Committee for unlimited meeting hours. It's a big part of open government to keep people informed and streaming makes it possible for those who don't have time to watch the meetings on TV or who are interested in just one or two items. He concluded that he would like to look into it businesses sponsoring meetings and they could advertise as part of this.

The Mayor calls a 5 minute recess.

Assistant Mayor Rose asks for unanimous consent to move the Columbus Club up on the docket and no objection is heard.

1.Eric Batista for the Columbus Club of East Providence, 3200 Pawtucket Avenue requesting to address the Council regarding tax exempt status in relation to property taxes.

Assistant Mayor Rose makes a motion to have a resolution drafted for tax exemption for the Columbus Club, seconded by Councilman DiGioia and under discussion Eric Batista, President of the Club stated that the Board Members were present members and the Columbus Club of East Providence is a nonprofit since 1940 and they have never paid property tax. The Knights of Columbus have been in existence for 102 years with properties located in various parishes and the purpose of the club is to have a property for the Knights to meet for fraternal activities. They have 4 meetings each month and provide for scholarships as well as hold weekly prayer meetings and have a weekly prayer group.

and on a roll call vote it is unanimous.

E. Resolutions

1. A RESOLUTION REQUIRING A RESPONSE TO THE ANNUAL FISCAL YEAR END AUDIT MANAGEMENT LETTER

WHEREAS, the City of East Providence is required by state and federal regulations to commission an annual audit of its financial statements; and

WHEREAS, that as part of the annual audit process, the City’s auditors issue a “Management Letter” detailing issues of internal controls and material weakness; and

WHEREAS, the East Providence City Council recognizes the importance of addressing and responding to areas of internal control deficiencies and reported material weakness.

NOW, THEREFORE, BE IT RESOLVED that the East Providence City Council hereby requires that the City of East Providence, including the School District, prepare a written response to each deficiency 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.

BE IT FURTHER RESOLVED the that East Providence City Council hereby requests that the City Clerk forward a copy of this Resolution to the East Providence School Committee for action.

This resolution shall take effect upon its passage.

Requested By: Mayor Rogers

The City Manager stated this was a request by the Budget Commission and asking council to pass a parallel resolution.

Mayor Rogers requests from the City Manager that this should provide for ongoing reports from the City Manager and School Committee and he would like to see that as part of the motion as this will show Council the progression of items.

The City Manager agreed and stated it could be a quarterly report.

A motion to approve the resolution and provide for a quarterly report to Council is made by Councilwoman Kleyla, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.

F. Introduction of Ordinances

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 Mayor explained that this came to his attention while walking the neighborhood.

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

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

The Mayor explained this came during discussions with the Zoning Officer regarding traffic issues in that area and it will only effect three businesses and all three are ok with the change, the other side of the street is the highway wall and there are no residents.

A motion to approve the ordinance is made by Assistant Mayor Rose, seconded by Councilwoman Kleyla 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”

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

The Mayor explained this is a removal in one area which is now only one lane to park on both sides.

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

4. An ordinance in 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 Mayor explained this came from a suggestion of the Budget Commission to set up monthly meetings with the East Providence Chamber of Commerce, the Mayor, the City Manager and the Director of Planning. The Chamber Director suggested the changes.

A motion to approve the ordinance 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 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”

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 Mayor explained that this is a very congested narrow area.

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

6. 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:

· 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.

· 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.

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

· Ensuring 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.

· 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:

· 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.

· 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.

· 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.

· 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:

· 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.

· 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.

· 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.

· 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

The City Manager explained this ordinance provides for the policy which came to be through discussions with the Affirmative Action Director. He called the Affirmative Action Director, Elmer Pina to the podium.

Director Pina stated this came about during discussions with the Budget Commission on revising the policy, he is asking the Council for support of the policy through the ordinance. It was created to ensure Affirmative Action when brought to the Human Resource Department retains its responsibilities and that the Affirmative Action Office and the City Manager are accountable for enforcing this ordinance, the last time it was revised was in 1976. This revision was done with the assistance of the Budget Commission, the Director of Affirmative Action and Affirmative Action Board Member Cheryl Burrell.

Councilman Conley asked if the Affirmative Action Director was in support of the ordinance and Director Pina stated he was.

Councilman Conley asked that the ordinance conform to the usual drafting format and bullets and be given the appropriate citation.

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

G. Communications

2. Chrissy Rossi, 39 Woodbine Street requesting to address the Council regarding "Riverside Bonfire" at Sabins Point.

Ms. Rossi and Rob Yusky provided testimony.

Ms. Rossi explained that in the past people would save up garbage etc but this year but this year it would be environmentally friendly and they would use clean wood and it would be stopped at a set time.

Robert Yusky 77 Knowlton Street (02915) had a petition he started in neighborhood and he passed this out to Council for the record. He discussed the great memories he had growing up having the Bonfire. He stated he talked to the fire and police departments and received permission from them as well as RI DEM and Coastal Resource Management. He added that they just want to see the tradition come back to Riverside and they are raising funds to pay for the fire detail. The event will be held at Sabins Point on the 4th of July.

Mayor Rogers called the Fire Chief to the podium.

The Chief stated they have had concerns in the past and our concerns are the same as they always were. There are a number of issues among them are what is being burned, prevailing winds off the water, homes nearby, no hydrant nearby, congested neighborhood and they would need to bring in more apparatus which could become more difficult.

Mayor Rogers asked if a meeting could take place to discuss this further particularly since we have a petition signed by hundreds of residents in the area.

All agreed to this.

3. Gregory S. Dias, 57 Tryon Avenue requesting to address the Council regarding 11th Annual Neighborhood Block Party, Saturday, July 21, 2012, Tyron Avenue, Gibbs Street and Estelle Street.

Mr. Dias stated that he is presenting this on behalf of neighbors and they are requesting this for their 12th annual block party. There have never been any problems. They have obtained an entertainment license for the DJ if the Council approves the request.

Both the Police Chief and Fire Chief confirm there have been no issues and they do not have any concern.

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

5. Freddie Rybka, 9 Cozzens Avenue (02915) requesting to address the Council regarding communications.

Mr. Rybka passes on his communication.

6. Anthony Ferreira, 44 Brightridge Avenue (02914) requesting to address the Council regarding cost analysis for Heritage Days event.

Mr. Ferreira stated that in less than 36 hours of his request Director of Parks and Recreation Alba Curti discussed and answered all his questions on a Saturday afternoon.

XI. ADJOURNMENT

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

Approved By Council: July 17, 2012

Attest: _______________

City Clerk