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CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
May 5, 2015
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
In Attendance:
Mayor Rose
Assistant Mayor Cunha
Councilwoman Capobianco
Councilman Conley
Councilman Britto
City Manager, Paul Lemont
City Solicitor, Timothy Chapman
City Clerk, Kim Casci
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)(1)(2).
A. New Claims
1. Mark N. Altieri
2. Darlene & Anthony Andrade
3. Jacqueline Bergeron
4. Alyssa Francis
5. Geico (Ins: Bobby Mouzon)
6. Theodore Giguere
7. Curtis J. Greene
8. Liberty Mutual Ins. Co. (Ins: Heather & Adair Dossantos)
9. Rosemarie Resendes
10. United States Postal Service
11. Michael D. Vieira
II. CALL TO ORDER
Mayor Rose calls the meeting to order at 7:40PM
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. Middletown Resolution in opposition to H5847 An Act Relating to Waters and Navigation – Harbors and Harbor Lines.
2. Middletown Resolution opposing the implementation of the second-home taxes in the Governor’s Budget.
3. Middletown Resolution in opposition to H5044, H5713 and S559 regarding exempting single family homes, condos and commercial development from taxation until the property is sold.
4. Middletown Resolution in opposition to S0510 and H5777 regarding legalization of marijuana.
5. East Greenwich Resolution in support of S0056 and H5374 for a state wide ballot amendment to the RI State Constitution regarding restoration of the RI Ethics Commission’s Authority to prosecute alleged conflicts of interest by members of the RI General Assembly and that the proposed amendment by named in honor of Senator J. Michael Lenihan.
6. East Greenwich Resolution in support of H6040, H6042, H6043, S816, S818 and S820 regarding the State Guide Plan and Statewide Planning Program and providing for Municipal Choice as to Rhodemap RI.
7. Little Compton Resolution in opposition to the Governor’s proposed surtax on property.
B. Alcoholic Beverage Class F
1. Lauren Zarembka Fundraiser Scholarship Fund, St. Brendan Hall, May 30, 2015 6:30PM-11:00PM, Patricia Quicksell, 45 Burton Avenue (02915).
2. Holy Ghost Beneficial Brotherhood of RI, Annual Feast, 51 North Phillips Street (02914), May 22, 23 and 24 2015, Jose Braga.
3. Trinity Brotherhood, Annual Feast, 146 Sutton Avenue (02914), May 29, 30 and 31 2015, Stephen Costa, 74 Brookhaven Drive (02914)
4. St. Francis Xavier Church, Annual Patronal Feast, 81 North Carpenter Street (02914), June 19, 20 and 21 2014, Brian Aguiar, 463 Fairview Avenue, Rehoboth, MA 02769.
5. Teofilo Braga Club, Annual Feast, 26 Teofilo Braga Way, July 10, 11 and 12 2015, Armando Medeiros, 16 Forest Avenue (02915)
6. Holy Ghost Brotherhood of Charity, Annual Feast, 59 Brightridge Avenue, July 17, 18 and 19, Alberto Oliveira, 79 Randall Street, Pawtucket.
7. Holy Ghost Brotherhood Mariense, Annual Feast, 846 Broadway, July 24, 25 and 26 2015, Brian Bairos, 28 Skycrest Avenue (02914)
8. St. Martha’s, Portuguese Night, 2595 Pawtucket Avenue (02914), May 16, 2015, Rev. David E. Green.
A. Council Journals
1. Regular Council Meeting April 21, 2015
2. Special Council Meeting October 14, 2104
3. Regular Council Meeting November 18, 2014
A motion to approve the Consent Calendar is made by Assistant Mayor Cunha, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
V. PUBLIC COMMENT
A. Frank “Ragman” Lopes – Summit Street
B. Tom Riley – Proposed Elimination of Public Comment
C. Tom Riley – Effect of Delay on Kettle Point
VI. PROCLAMATIONS AND PRESENTATIONS
A. RI Duckpin Youth Champions (by Mayor Rose)
This item was deferred to the next meeting.
B. Sparky’s Coney Island 100th Anniversary (by Assistant Mayor Cunha and Councilwoman Capobianco)
VII. APPOINTMENTS
A. Affirmative Action Commission (by Mayor Rose)
Anne Newberg, 30 Monmouth Drive (02915)
A motion to approve the Appointment is made by Councilwoman Capobianco, seconded by Councilman Britto and on a roll call vote it is unanimous.
B. Affirmative Action Commission (by Mayor Rose)
Pier-Mari Toledo, 65 Ravena Avenue (02915)
A motion to approve the Appointment is made by Councilwoman Capobianco, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous.
C. Personnel Hearing Board (by Mayor Rose)
Wendy Caputo, 1357 Wampanoag Trail, Apt. 227 (02915)
A motion to approve the Appointment is made by Assistant Mayor Cunha, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
VIII. LICENSES REQUIRING PUBLIC HEARING
A. B-Limited Victualer
Justo G. Valest DBA Matador, 521 Bullocks Point Avenue (02915), Justo G. Valest, 15 B Rice Street, Warwick (02886)
A motion to approve the License is made by Councilwoman Capobianco, seconded by Councilman Conley and on a roll call vote it is unanimous.
IX. LICENSES NOT REQUIRING PUBLIC HEARING
A. Peddler – Ice Cream
Scott J. Oliveira DBA Palagi’s Ice Cream, 55 Beacon Street, Pawtucket (02860), Scott J. Oliveira, 28 Annie Street, Pawtucket (02861)
A motion to approve the License is made by Assistant Mayor Cunha, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
X. NEW BUSINESS
A. City Managers Report (by Acting City Manager, Paul Lemont)
1. 2014-2015 Audit Report and Presentation
Joanne Newton from the Auditor’s Office provided a report to the City Council regarding the Financial Report for the year. Noting a lot of hard work on behalf of the City Council, City Manager and everyone went into the good financial position the City is now in. Joanne provided a then and now synopsis from the end of October 2012 when the City was struggling to the Budget Commission arriving and several long term employees leaving. These were key people to the process making things more difficult. The City was not able to pay close attention to books and records on an on-going basis when these key spots remained vacant. That year over 200 journal entries had to be recorded to bring the books into balance where today only 20 journal entries needed to be recorded. This is much more common place. Also there is increased oversight by the City Manager and a good job being done by the Finance Department and shows the City is on its way to recovery. She then provided a power point presentation.
The City Manager provided a recap stating that the tax stabilization was good for business growth, it is business friendly, the bond rating is up 2 grades, the rainy day fund has $10 million and is fully funded, they are 7 years ahead of the plan and have money set aside for capital improvement of $2 million, the City has and is spending on road improvements, rehabs to Fire Stations 1 and 4, these improvements were done with the help of Senator Reed and Congress, the High School is accredited once again, the tax rates are attractive, the ARC is fully funded and OPEB has funds set aside and the City is just about to enter into an agreement to put in a fund, the Council acted very responsibly and implemented rules and regulations which are a good conservative approach to the City’s budget, a new mass communication system, on line permitting, monthly video of meetings, social media with a connection to Facebook, Twitter and UTube and all of this is a reflection of the direction of the Council and the employees listening to our customers, the tax payers. To have this kind of a surplus so quickly is a long way to come and he added that he tips his hat to the Council as they were a big part of this and they can sit back and say job well done.
Councilman Conley thanked the City Manager and the Finance Department for sound stewardship of the funds and use of best practices to ensure future growth for the City.
Mayor Rose stated that a lot of hard work and dedication from the administration and City Manager as well as the Finance Director all working together to try to make sure every dime is spent well has gotten the City to a better place and we are going in the right direction. To have this kind of surplus so quickly is amazing.
B. Reports of Other City Officials
1. Claims Committee Report (by City Solicitor Timothy Chapman)
Pursuant to R.I.G.L. § 42-46-5(a)(2), a motion is made by Councilman Cunha and seconded by Councilman Britto to convene in closed session for the purposes of discussing claims & litigation. Upon a roll call vote: Mayor Rose – Aye, Councilman Britto – Aye, Councilwoman Capobianco – Aye, Councilman Conley – Aye, Councilman Cunha - Aye, the motion is approved 5-0.
EAST PROVIDENCE CLAIMS COMMITTEE
CLAIMS & LITIGATION REPORT
TUESDAY, MAY 5, 2015; ROOM 101; 7:00 P.M.
====================================================================
NEW CLAIMS
MARK N. ALTIERI $351.41
RM No. 15-042, Claim No. 15-033
Claim for property damage to vehicle sustained as a result of striking a pothole on Summit Street. See recommendation of the Director of Public Works.
Motion by: Councilman Britto Seconded by: Councilwoman Capobianco
Motion: Approve the claim in the amount of $351.41.
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VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye | √ | √ | √ | √ | √ |
| Nay |
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| Abstain |
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| Absent |
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DARLENE & ANTHONY ANDRADE $722.08
RM No. 15-045, Claim No. 15-036
Claim for property damage to vehicle sustained as a result of striking a pothole on Summit Street. See recommendation of the Director of Public Works.
Motion by: Councilman Britto Seconded by: Councilwoman Capobianco
Motion: Offer to settle the claim in the amount of $360.00.
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VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye | √ | √ | √ | √ | √ |
| Nay |
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| Abstain |
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| Absent |
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JACQUELINE BERGERON $399.00
RM No. 15-043, Claim No. 15-034
Claim for reimbursement of expenses incurred as a result of a sewer backup. See recommendation of the Director of Public Works.
Motion by: Councilwoman Capobianco Seconded by: Councilman Britto
Motion: Approve the claim in the amount of $399.00.
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VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye | √ | √ | √ | √ | √ |
| Nay |
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| Abstain |
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| Absent |
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ALYSSA FRANCIS $60.59
RM No. 15-038, Claim No. 15-028
Claim for property damage to vehicle sustained as a result of striking a pothole on Summit Street. See recommendation of the Director of Public Works.
Motion by: Councilman Britto Seconded by: Councilman Cunha
Motion: Approve the claim in the amount of $60.59.
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VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye | √ | √ | √ | √ | √ |
| Nay |
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| Abstain |
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| Absent |
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GEICO $2,210.84
(INS: BOBBY MOUZON)
RM No. 15-049, Claim No. 15-049
Claim for property damage sustained as a result of a police vehicle striking insured’s parked vehicle.
Motion by: Councilwoman Capobianco Seconded by: Councilman Cunha
Motion: Approve the claim in the amount of $2,210.84.
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VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye | √ | √ | √ | √ | √ |
| Nay |
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| Abstain |
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| Absent |
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THEODORE GIGUERE $2,600.00
RM No. 15-041, Claim No. 15-032
Claim for property damage to a stone wall sustained as a result of snow removal operations. See recommendation of the Director of Public Works.
Motion: Defer the claim.
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VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye |
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| Nay |
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| Abstain |
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| Absent |
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CURTIS J. GREENE $350.00
RM No. 15-040, Claim No. 15-030
Claim for property damage sustained when a tree on City property fell and damaged the claimant’s chain link fence. See recommendation of the Director of Public Works.
Motion by: Councilwoman Capobianco Seconded by: Councilman Britto
Motion: Deny the claim.
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VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye | √ | √ | √ | Recused | √ |
| Nay |
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| Abstain |
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| Absent |
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LIBERTY MUTUAL INS. CO. $14,663.86
(INS: HEATHER & ADAIR DOSSANTOS)
RM No. 15-055, Claim No. 15-047
Claim for property damage sustained to insured’s vehicle as a result of a four car collision due to icy roadway. Recommend referral to the insurance carrier.
Motion by: Councilman Cunha Seconded by: Councilman Britto
Motion: Refer the claim to the insurance carrier.
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VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye | √ | √ | √ | √ | √ |
| Nay |
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| Abstain |
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| Absent |
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ROSEMARIE RESENDES $157.83
RM No. 15-039, Claim No. 15-029
Claim for property damage to vehicle sustained as a result of striking a pothole on Broadway. See recommendation of the Director of Public Works.
Motion by: Councilwoman Capobianco Seconded by: Councilman Cunha
Motion: Approve the claim in the amount of $157.83.
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VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye | √ | √ | √ | √ | √ |
| Nay |
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| Abstain |
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| Absent |
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UNITED STATES POSTAL SERVICE $1,041.16
RM No. 15-023, Claim No. 15-048
Claim for property damage sustained as a result of a snow plow striking a parked postal service vehicle.
Motion by: Councilman Cunha Seconded by: Councilman Britto
Motion: Approve the claim in the amount of $1041.16.
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VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye | √ | √ | √ | √ | √ |
| Nay |
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| Abstain |
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| Absent |
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MICHAEL D. VIEIRA $836.13
RM No. 15-044, Claim No. 15-035
Claim for property damage to vehicle sustained as a result of striking a pothole at the intersection of Howland Avenue and Boyd Avenue. See recommendation of the Director of Public Works.
Motion by: Councilman Cunha Seconded by: Councilwoman Capobianco
Motion: Approve the claim in the amount of $836.13.
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VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye | √ | √ | √ | √ | √ |
| Nay |
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| Abstain |
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| Absent |
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A motion to approve the Claims Committee Report is made by Assistant Mayor Cunha, seconded by Councilman Britto and on a roll call vote it is unanimous.
C. Council Members
1. Classification Plan Study (by Mayor Rose)
The Mayor stated that it’s about 20 years since the City conducted this type of study and it’s to a point where some of the job descriptions no longer fit the positions, for example there is new technological upgrades in the system and more than just typing is now required for these types of positions. He added that he feels the City needs to perform some type of study where they receive more specifics of the duties of the jobs and the ability to recruit qualified staff. A classification study needs to be done. There is a big fluctuation in salaries and descriptions and they should be leveled and looked into. He requested the law department and the human resource department look into this further.
Solicitor Chapman stated that if the Council wants a study done they could request this through the City Manager to go out to RFP.
The City Manager stated there would be a lot sore thumbs because the City has contracts with all the unions. Adding the Council should leave the union jobs alone and go to the non union and department heads.
Mayor Rose stated he is referring to the classifications and job descriptions which are no longer accurate.
The City Manager stated the Council would be running the risk of opening a can of worms where people could say they are under paid while this one is over paid. He added that he has been through this several times and it’s a very difficult process.
Councilman Britto asked if the City could look to the department heads to draw up job descriptions instead of paying an outside agency to do this.
The City Manager stated that if there was a perfect array in the City people at the top, from his office, down to the bottom the accountability, responsibility and knowhow, when those are all tallied you will have an array like a field chart and you can sore thumb them. It takes a lot of work to do it and do it properly.
Councilman Britto stated that he is referring to the key elements and job descriptions.
The City Manager stated that is what pay is based on.
Mayor Rose stated he feels going to department heads is a start and a good idea.
The City Manager stated he could teach the system to the department heads on how to compare a laborer to a typist. It’s hard to explain.
Mayor Rose stated he knows it is a time consuming process.
The City Manager added clericals require more mental work it adds points to the job, so does physical but it has to be a relationship with the two.
Councilman Britto asked but you wouldn't compare a clerical position to someone in the highway department.
The City Manager said yes you have to.
Mayor Rose asked the law department to work with the human resource department and the department heads to create accurate job descriptions.
The City Manager added that the City can't have someone sitting at the desk saying my job is equally important to the City Assessor or a laborer and therefore they should get the same amount of pay. He cautioned the Council that the City has contracts with these unions and asked them if they want to open up the contracts.
Councilman Britto stated that antiquated job descriptions should have been off the record years ago.
Councilman Conley asked if the Human Resource Director could respond.
The City Manager said yes this will be reviewed.
Councilman Conley asked if collective bargaining was tied into job descriptions.
The City Manager said absolutely that when unions come in to negotiate they look for an increase regarding changes which have taken place.
Councilman Conley stated that his initial sense is the Human Resource Director should take a look at the issue and make a recommendation to the City Council.
Mayor Rose agreed.
2. Bayside Soccer/Lacrosse Field Complex – Referral to Planning Board Per City Ordinance 2-177 (b) (by Mayor Rose)
Mayor Rose stated the reason this is on the docket is because previously it did not go to the Planning Board as it states per ordinance.
Director Boyle was called to the podium and provided clarification and provided a memorandum to the Council.
A motion to refer the item to the Planning Board is made by Councilwoman Capobianco, seconded by Councilman Britto and on a roll call vote it is unanimous.
D. Report of School Committee Liaison
E. Resolutions
(Amendment to Resolution No. 26A - Adopted June 18, 2013)
RULES OF PROCEDURE OF THE CITY COUNCIL
BE IT RESOLVED, that the following Rules be and they are hereby adopted as the Rules of the City Council of the City of East Providence.
Rule One. Duties of the Presiding Officer
a. The Mayor shall be the presiding officer at all meetings of the City Council. The Assistant Mayor shall preside in the absence of the Mayor.
b. The presiding officer shall preserve order and decorum at all meetings of the City Council. In the interest of preserving order and decorum, the presiding officer may in his/her discretion limit the remarks of a citizen or his/her attorney to a period of not more than five (5) minutes on any matter, and may also limit the remarks by the public to a period of not more than one (1) hour on any matter.
c. The presiding officer may speak in preference to any other member of the City Council and shall, subject to the restrictions imposed by subsection (d) of Rule One, decide all questions of order.
d. Any member of the City Council may appeal from the ruling of the presiding officer or the parliamentarian by moving that the presiding officer’s ruling or ruling of the parliamentarian be referred to the members of the City Council who are present. In the event that such motion is seconded, the presiding officer shall immediately, without debate, put the following motion before the body for consideration: “Shall the rule of the chair be sustained?” which question shall be decided by a majority vote of the members present.
e. The presiding officer shall propound all questions and motions in the order in which they are moved, unless the subsequent motion is previous in nature, as set forth in Rule Five, Section (e).
Rule Two. Order of Business
a. A majority of all of the members of the City Council shall constitute a quorum for the conducting of business. A smaller number than a majority may adjourn from time to time until a quorum shall be present. Notice to be given in accordance with the provisions of the City Charter in Article II, Section 8.
b. The order of business of each City Council meeting shall be as follows:
I. Call to order
II. Invocation
III. Salute to the flag
IV. Consent Calendar
V. Proclamations & Presentations
VI. Public Comment. All persons wishing to make public comment shall sign a public comment sheet stating their name, address, and the subject of their comments. Said public comment sheet shall be available on a desk at the entrance of the City Hall Chambers no later than forty-five (45) minutes before the call to order of any regularly scheduled council meeting and shall be delivered by the City Clerk to the presiding officer no earlier than five (5) minutes before the call to order of the meeting.
VII. Appointments. All Council appointments will appear on the docket under the heading Appointments listing the appointment being made, the name and address of the candidate, and the Council member nominating the candidate. City Council members will submit the information to the City Clerk no later than Thursday preceding the Council meeting.
VIII. Licenses (Requiring Public Hearing and Non-Public Hearings)
IX. Public Hearings
X. Continued Business
XI. New Business
a. City Manager’s Report
b. Reports of Other City Officials
c. Council Members
d. Report of School Committee Liaison
e. Resolutions. All resolutions will appear on the docket with the name of the Resolution’s sponsor after having been referred to the Law Department for review.
f. Introduction of Ordinances. All ordinances shall appear on the docket after having been referred to the Law Department for review.
g. Communications. Any person who submits a communication to the Council and wishes to speak on it must indicate this in writing no later than 4:00 p.m. the Thursday prior to the next regularly scheduled Council meeting. A person who lists more than one topic on their communication will be allowed to speak on the first one listed.
c. At any special meeting called of the City Council, the meeting shall be restricted to the business of the special meeting and no other business shall be considered without the unanimous approval of the City Council.
d. Council members shall submit items for discussion purposes no later than 4:00 p.m. the Thursday prior to the next regularly scheduled Council meeting. The docket for all regular meetings shall be prepared and delivered and/or electronically forwarded to each Council member at least 72 hours prior to said meeting. Any petition requiring a hearing shall be referred to the proper City department for a written report prior to being placed on the docket for discussion or hearing. Copies of all said petitions shall immediately be forwarded to the City Council. No matter may be considered at any meeting that is not specifically on the docket (including votes) without the unanimous consent of the City Council. No petition for rezoning may be withdrawn at any meeting to which it has been assigned for hearing unless such petition is withdrawn at least 72 hours prior to such meeting. The docket will contain a plain language explanation for all ordinances.
Rule Three. Decorum and Debate
a. When a motion is under debate, the chair shall receive no other motions except as set forth in Rule Five, Section (f).
b. Any member desiring to speak shall address the presiding officer and, after his right to speak has been recognized, he shall not be interrupted while speaking except by a call to order or for the correction of a mistake or to yield to another member. He shall confine his remarks to the question under debate and shall avoid personalities. No member shall speak more than once on the same question until all other members desiring to speak thereon shall have done so, and in no event shall any member speak more than twice on any question without the permission of the majority of the members of the City Council. There shall be no conversation among the members while a roll call is being taken, while any paper is being read, or while a question is being stated by the presiding officer.
c. A roll call vote shall be taken as required by the Charter of the City of East Providence, the ordinances of the City, or at the request of any Council member.
d. After a roll call vote has been ordered, said roll call shall not be interrupted, delayed or stopped by the presiding officer or any member of the Council for any reason whatsoever including points of order, personal privileges or for a member to explain his vote. All roll calls shall be taken alphabetically except for the presiding officer who shall vote last.
e. A motion shall be carried by the affirmative vote of a majority of the Council members voting on the motion and the presiding officer shall declare the passage or defeat of any motion. In the case of a tie, the motion shall be defeated.
f. When a vote has been passed, it shall be in order for ay members voting with the majority to move or second the reconsideration thereof not later than the next regular meeting and, when a motion to reconsider has been decided, that vote shall not be reconsidered.
Rule Four. Consent Docket
a. When the City Manager determines that any item of business requires action by the Council but is of a routine and non-controversial nature, (s)he may cause such item to be presented at a regular meeting of the Council as part of the Consent Calendar.
b. The Consent Calendar shall be introduced by a motion “to approve the Consent Calendar” and shall be considered by the Council as a single item.
c. There shall be no debate or discussion by any member of the Council regarding any item on the Consent Calendar beyond asking questions for simple clarification.
d. All items on the Consent Calendar which require public hearings shall be open for hearing simultaneously and the Mayor shall announce or direct the City Clerk to announce the titles of all such items.
e. On objection by any member of the Council to inclusion of any item on the Consent Calendar, that item shall be removed from the Consent Calendar forthwith. Such objection may be recorded at any time prior to the taking of a vote on the motion to approve the Consent Calendar. All such items shall be considered individually in the order in which they were objected to immediately following consideration of the Consent Calendar.
f. Approval of the motion to approve the Consent Calendar shall be fully equivalent to approval, adoption, or enactment of each motion, resolution, ordinance, or other item of business thereon exactly as if each has been acted upon individually.
Rule Five. Miscellaneous Provisions
a. The City Clerk shall prepare a docket of the business to be conducted at each meeting of the City Council which shall be delivered and/or electronically forwarded to each council member not less than 72 hours before the meeting of the City Council. No ordinance, resolution, petition, order or matter of business shall be considered unless notice of the same shall have been given previously in accordance with these rules. Any additional public hearings concerning a zone change and/or subdivision will require the written consent of a majority of the City Council.
b. Any reports or communications from any department head, City Manager or otherwise, shall be in writing and copy supplied to each Council member with the docket.
c. Regular meetings of the City Council shall be held on the first and third Tuesday of each month at 7:30 p.m. in the City Council chamber in City Hall or at such other place as may be designated by a majority of the Council except in the months of July and August when there shall be only one meeting per month on the Tuesday designated by a majority of the City Council. Amended December 1, 1988 (See Council Journal). Amended November 13, 1989 (See Council Journal).
d. All meetings of the City Council shall be open to the public and all votes shall be cast in public.
e. A special meeting of the City Council may be called in accordance with the provisions of Article II, Section 7 of the City Charter at the request of the Mayor or upon written request of three (3) members of the City Council, said request addressed to the City Clerk. No business shall be considered at said special meeting other than that as set forth in the call of the meeting without the unanimous consent of the City Council.
f. The order of precedence of motions shall be as follows:
1. Fix the time in which to adjourn
2. Adjourn
3. Recess
4. Raise a question of privilege
5. Lay on the table
6. Suspension of the rules
7. Previous question
8. Limit debate
9. Postpone to a certain time
10. Refer to committee or other official
11. Amend
12. Postpone indefinitely
13. Main motion
The above list shall be the order in which motions may be considered. When any motion is pending before the City Council, any motion before that said motion on this list shall take precedence and be acted upon first and those following shall be out of order.
g. The following motions shall not be debatable:
1. Adjourn
2. Recess
3. Raise question of privilege
4. Lay on the table
5. Suspension of the rules
6. Previous question
7. Limit debate
h. These rules shall not be altered, amended, suspended or repealed at any time except by an affirmative vote of four-fifths (4/5) of the entire City Council unless docketed 72 hours prior to meeting.
i. Roberts Rules of Parliamentary Procedure shall prevail in the absence of any specific rule as set forth herein.
j. The City Solicitor is designated as parliamentarian for the purpose of interpreting these rules of procedure.
k. In the event that any section of these rules shall be in conflict with the City Charter or ordinances of the City of East Providence, then such rule shall fail, however, those rules which are not in conflict shall remain in full force and effect.
l. Any member of the public who requests to speak on any docket item that is not part of the Public Hearing section or specifically on the docket will be allowed to speak if approved by unanimous consent of the Council.
m. The City Council shall adjourn no later than 10:00 p.m. The Council shall vote each time in order to extend the meeting in 15 minute increments. Said time increment extensions shall require a super majority vote. Any business before the City Council not completed by 10:00 p.m. will be tabled to the next available meeting. The date shall be announced and determined by the Council President. Waiver of this rule requires a super majority vote.
Requested By: Mayor Rose
This item was deferred to the next meeting.
F. Introduction of Ordinances
1. An ordinance regarding a stop sign at Estrell Drive (northbound and southbound traffic) at Larry Lane
A motion to dispense with the Reading of the Ordinance is made by Councilwoman Capobianco, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous.
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. Subsection (b) of Sec. 18-269 entitled “Stop and yield intersections designated; when stops required” is amended by adding thereto the following:
Estrell Drive (northbound and southbound traffic) at Larry Lane
SECTION II. This ordinance shall take effect upon second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Councilman Conley
A motion to approve the Ordinance for first passage is made by Councilman Conley, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous.
XI. ADJOURNMENT
A motion to Adjourn at 8:34PM is made by Assistant Mayor Cunha, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
Approved By Council: May 19, 2015
Attest: ___________________