City Council Agenda—Jan. 4 Meeting

DOCKET - January 4, 2011 - Regular City Council Meeting


CITY OF EAST PROVIDENCE

RHODE ISLAND

DOCKET OF REGULAR COUNCIL MEETING

January 4, 2011

7:30 P.M. Open Session



I. CALL TO ORDER


II. INVOCATION


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. Resolution Newport Town Council in support of the return of the America's Cup to the City of Newport.



2. Coastal Resources Management Council Notice of Rescheduling of Public Hearing regarding proposed changes 1/25/11 at 6pm Conference Room A Administration Building, One Capitol Hill, Providence.



B. Approval of Council Rules of Procedure



C. Real Estate/Hardships

Year                     Amount

2010 Real Estate $29,403.72

2010 Hardship    $10,383.96

Total                 $39,787.68




D. Abatements

Year                 Amount

2010 Real Estate $345.01

Total                 $345.01




Motion___By___2nd___

Conley___DiGioia___Kleyla___Rose___Rogers___



V. APPOINTMENTS


A. Personnel Hearing Board (by Councilwoman Kleyla)

Victor Silva, 12 Alma Avenue (02916)

Motion___By___2nd___

Conley___DiGioia___Kleyla___Rose___Rogers___



VI. LICENSES REQUIRING PUBLIC HEARING
A.B-Full Privilege Vict

Avenue N Restaurant Group, LLC DBA Avenue N, 20 Newman Avenue (02916), Nicholas E. Rabar, 21 Pleasant Street (02916)

Motion___By___2nd___

Conley___DiGioia___Kleyla___Rose___Rogers___



VII. LICENSES NOT REQUIRING PUBLIC HEARING
A.Vict/Over 50

Avenue N Restaurant Group, LLC DBA Avenue N, 20 Newman Avenue (02916), Nicholas E. Rabar, 21 Pleasant Street (02916)

Motion___By___2nd___

Conley___DiGioia___Kleyla___Rose___Rogers___



B.Vict/Not Over 25 (subject to meeting all required approvals)

East Side Shellfish, LLC DBA Diggers Catch, 537 North Broadway (02914), William D. Foeri, Jr., 16 Pallas Street, Providence (02903)

Motion___By___2nd___

Conley___DiGioia___Kleyla___Rose___Rogers___



C.Holiday Sales (subject to meeting all required approvals)

East Side Shellfish, LLC DBA Diggers Catch, 537 North Broadway (02914), William D. Foeri, Jr., 16 Pallas Street, Providence (02903)

Motion___By___2nd___

Conley___DiGioia___Kleyla___Rose___Rogers___



D.Vict/Over 50 (Transfer) (subject to meeting all required approvals)

Our Place On North Broadway, LLC 525 North Broadway (02914), Keven Blankenship, 1 Brisas Circle, East Greenwich (02818)

Motion___By___2nd___

Conley___DiGioia___Kleyla___Rose___Rogers___



VIII. ORDINANCES FINAL PASSAGE - PUBLIC HEARING


1. An ordinance amending the number of appointed members to The Affirmative Action Committee from six to nine.



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



SECTION I. Subsection (b) of Sec. 11-153 entitled "The affirmative action committee." of 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 to read as follows:

(b) The committee shall consist of the three members of the personnel hearing board, as well as six nine appointed members of the citizenry, among whom shall be at least one woman and representatives of minority groups. These citizens shall serve after appointment by the city council for a period of two years. A member may be removed for cause upon a vote of the city council. The affirmative action committee shall elect two officers, a chair and vice-chair who shall serve in these positions for one year. The director of personnel and the affirmative action officer shall be ex officio members of this committee.

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

Requested by: Affirmative Action Officer

Motion___By___2nd___

Conley___DiGioia___Kleyla___Rose___Rogers___





2. An ordinance repealing Chapter 15.



AN ORDINANCE IN AMENDMENT OF CHAPTER 15 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "SUBDIVISIONS"

SECTION I. Chapter 15 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled "Subdivisions" is hereby repealed in its entirety.

NOTE: In 1992, state law was changed to allow local planning boards to adopt or repeal and provide for the administration, interpretation and enforcement of land development and subdivision review regulations and was approved by the City Council by ordinance Chapter 386, Ordinance Book 12, Page 192 on November 21, 1995. The bound East Providence Land Development and Subdivision Review Regulations on file in the Planning Department adopted on December 18, 1995 are the official subdivision and land development regulations of the City. Rhode Island General Law § 45-23-28 superseded all prior regulations upon adoption.

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

Requested by: Law Department

Motion___By___2nd___

Conley___DiGioia___Kleyla___Rose___Rogers___





3. An ordinance requiring a no parking sign on North Rose Street (east side), from the most southern end of North Rose Street, north for 15 feet.

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 adding thereto the following:

North Rose Street (east side), from the most southern end of North Rose Street, north for 15 feet

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

Requested by: Mayor Rogers

Motion___By___2nd___

Conley___DiGioia___Kleyla___Rose___Rogers___



4.An ordinance regarding prohibition of animal confinement in motor vehicles.

AN ORDINANCE IN AMENDMENT OF CHAPTER 3 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "ANIMALS"

SECTION I. Article I entitled "In General" of Chapter 3 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled "Animals," is amended by adding thereto the following:

Section 3-29. Animal confinement in motor vehicles prohibited.

(a) No owner or person shall confine any animal in a motor vehicle in such a manner that places the animal in a life or health threatening situation by exposure to prolonged period of extreme heat or cold, without proper ventilation or other protection from such heat or cold. In order to protect the health and safety of an animal, an animal control officer or law enforcement officer who has probable cause to believe that this Section is being violated shall have authority to enter such motor vehicle by any reasonable means under the circumstances after making a reasonable effort to locate the owner or other person responsible.

(b) A law enforcement officer or animal control officer may take all steps that are reasonably necessary to remove an animal from a motor vehicle if the animal's safety, health or well-being appears to be in immediate danger from heat, cold or lack of adequate ventilation and the conditions could reasonably be expected to cause extreme suffering or death.

Nothing in this section shall prevent a law enforcement officer or animal control officer from removing an animal from a motor vehicle if the animal's safety appears to be in immediate danger from heat, cold, lack of adequate ventilation, lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal.

(c) A law enforcement officer or animal control officer who removes an animal in accordance with this Section shall, in a secure and conspicuous location or within the motor vehicle, leave written notice bearing the officer's or agent's name and office and the address of the location where the animal may be claimed. The owner may claim the animal only after payment of all charges that have accrued for the maintenance, care, medical treatment, and impoundment of the animal.

(d) A law enforcement officer or animal control officer who removes an animal from a motor vehicle pursuant to this Section is immune from criminal or civil liability that might otherwise result from the removal.

(e) Any animal control officer may issue the person(s) in violation of this Section a fine of $100.00 for a first violation, $200.00 and seizure of the animal for a second violation, and $400.00 and the seizure of the animal for the third violation. Second and subsequent violations of this Section may be considered a violation of R.I.G.L. § 4-1-2.

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: Councilman William J. Conley, Jr.

Motion___By___2nd___

Conley___DiGioia___Kleyla___Rose___Rogers___



5. An ordinance prohibiting devocalization in dogs or cats.

AN ORDINANCE IN AMENDMENT OF CHAPTER 3 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "ANIMALS"

SECTION I. Article I entitled "In General" of Chapter 3 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled "Animals," is amended by adding thereto the following:

3-30. Devocalization prohibited.

(a) No person shall surgically debark or silence a dog or cat, or cause the surgical debarking or silencing of a dog or cat, unless a veterinarian licensed in the State of Rhode Island has filed a written certification with the City Animal Control Officer stating that the surgical debarking or silencing is medically necessary to treat or relieve an illness, disease, or injury, or correct a congenital abnormality that is causing or will cause the dog or cat medical harm or pain.

(b) The written certification described in subsection (a) shall contain the date and description of the veterinarian's examination and evaluation of the dog or cat, a statement certifying that surgical debarking or silencing is medically necessary to treat or relieve an illness, disease, or injury, or correct a congenital abnormality that is causing or will cause the dog or cat harm or pain; any supporting diagnosis and findings, the name and current address and telephone number of the dog or cat's owner or keeper, and the name and current address and telephone number, State license number, and signature of the veterinarian.

(c) No person except a veterinarian licensed in this State, using anesthesia, may surgically debark or silence a dog or cat.

(d) Any person in violation of this Section shall be subject to the penalties in Section 1-16 of the Code of Ordinances. The Municipal Court shall have jurisdiction to hear cases involving violations of this ordinance. In addition to any other penalty provided by law, a person convicted under this Section may be barred from owning or possessing any animals, or living on the same property with someone who owns or possesses animals, for a period of time deemed appropriate by the court, and required to take humane education, pet ownership and dog training classes as ordered by the court.

(e) Any person or business selling a dog or cat for profit shall disclose whether or not the dog or cat has been surgically debarked or silenced and provide the purchaser with a copy of the veterinarian certification required by subsection (a) above.

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: Councilman William J. Conley, Jr.

Motion___By___2nd___

Conley___DiGioia___Kleyla___Rose___Rogers___





IX. NEW BUSINESS


A. City Managers Report (by Interim City Manager Orlando Andreoni)

1. New Fire Fighter Positions

2. Gasoline and Diesel Fuel Contract Bid Buckley Energy

Motion___By___2nd___

Conley___DiGioia___Kleyla___Rose___Rogers___



3. Time Clocks



4. Lame Ducks



B. Reports of Other City Officials



1. Claims Committee (by Assistant Solicitor Robert Craven)



2. Comprehensive Annual Financial Report (by Acting Finance Director, Donald Gray)

Motion___By___2nd___

Conley___DiGioia___Kleyla___Rose___Rogers___



3. Policy for Infirmity or Poverty Exemption (by Acting Finance Director Donald Gray)

4. Snow Removal Report (by Director of Public Works Steve Coutu)

5. Towing List Report (by Chief of Police Joseph Tavares)

C. Council Members

1. Badges for City Employees (by Mayor Rogers)

2. Council Office Schedule (by Mayor Rogers)

3. Planning Board Liaison from Council (by Mayor Rogers)

4. Discussion regarding Consolidation of City and School Department Human Resource Offices (by Mayor Rogers)

5. Software Program (by Mayor Rogers)

6. Staria Silva Memorial Fund (by Assistant Mayor Rose)

7. Deficit Reduction Plan (by Councilman Conley)


D .Resolutions

1.Resolution Approving Interim City Manager Salary

BE IT RESOLVED the Interim City Manager Orlando Andreoni's salary as Interim City Manager is the amount of $143,944 effective as of December 8, 2010.

Motion___By___2nd___

Conley___DiGioia___Kleyla___Rose___Rogers___



2. RESOLUTION AFFIRMING PROSECUTION OF CIVIL ACTION ENTITLED ATTORNEY GENERAL PATRICK C. LYNCH AND CITY OF EAST PROVIDENCE V. THE RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT AND TLA-PROVIDENCE, LLC C.A. NO. 10-6883

WHEREAS, the City of East Providence has filed civil action number 10-6883 with the office of the Attorney General with the State of Rhode Island against the Rhode Island Department of Environmental Management and TLA-Providence, LLC on November 23, 2010 in Providence County Superior Court; and

WHEREAS, said civil action requests the following relief:

a. Judgment declaring that TLA's application to expand its solid waste management facility must include a certificate each from the City of East Providence and the State Planning Council, as required by R.I.G.L. §23-18.9-9(a);

b. A preliminary and permanent injunction directing RIDEM to withdraw its Notice of Intent, and to not issue a license to TLA at least until such time as TLA submits the required certificates to RIDEM;

c. A preliminary and permanent injunction directing RIDEM to withdraw TLA's current permit to operate because RIDEM issued it without the required certificates from East Providence and from the State Planning Council as required by §23-18.9-9(a);

d. Judgment awarding plaintiffs costs and attorneys' fees; and

e. Such other equitable or legal relief as the Court deems necessary and proper; and

WHEREAS, the City Council for the City of East Providence is committed to continued prosecution of said civil action;

NOW, THEREFORE, BE IT RESOLVED that we, the East Providence City Council affirm its commitment to the pursuit and prosecution of Attorney General Patrick C. Lynch and the City of East Providence v. Rhode Island Department of Environmental Management and TLA-Providence, LLC Case No. 10-6883.

This resolution shall become effective upon its passage.

Requested jointly for reintroduction by: Councilwoman Kleyla and Councilman Conley

Motion___By___2nd___

Conley___DiGioia___Kleyla___Rose___Rogers___





3. RESOLUTION OPPOSING PROPOSED EXPANSION OF TLA/POND VIEW SOLID WASTE MANAGEMENT FACILITY LICENSE

WHEREAS, the East Providence City Council is strongly opposed to the issuance of a permit from the Rhode Island Department of Environmental Management (RIDEM) that would allow for the expansion of TLA/Pond View to a Construction and Demolition Debris from the current maximum of 500 tons per day; and

WHEREAS, the City still disputes the validity of the current 500 ton per day limit which was an expansion from 150 tons per day as approved by a variance from the East Providence Zoning Board; and

WHEREAS, the City finds any expansion to be incompatible with the surrounding area which is a mix of commercial and residential uses and inconsistent with the uses allowed in a light manufacturing zone; and

WHEREAS, the expansion would undermine the goals and objectives of the City's Comprehensive Plan relative to the development of the City's waterfront district; and

WHEREAS, the expansion would represent an intensification of the previously approved Zoning Use Variance; and

WHEREAS, the expansion will significantly increase truck traffic on residential roads; and

WHEREAS, said facility is a public nuisance in that its current operation emits noxious odors and dust and produces loud noises which severely undermine the quiet enjoyment and quality of life of East Providence residents;

NOW, THEREFORE, BE IT RESOLVED that we, the East Providence City Council strongly oppose the proposed expansion of TLA/Pond View Facility and will engage in all necessary and legal means to enforce the State and Local laws applicable to TLA/Pond View's application for its proposed expansion.

This resolution shall become effective upon its passage.

Requested by: Councilman Conley

Motion___By___2nd___

Conley___DiGioia___Kleyla___Rose___Rogers___





4. RESOLUTION AMENDING THE RESOLUTION APPOINTING SEARCH COMMITTEE FOR CITY MANAGER



WHEREAS, on December 22, 2010 the East Providence City Council approved a Resolution that provided as follows, "the City of East Providence City Council shall appoint a Search Committee for the purposes of hiring a City Manager, the Search Committee shall be composed of seventeen members, three members appointed by each Council Member and an additional two members appointed by the Mayor" (italicizing added); and

WHEREAS, section 2-10 of the Charter of the City of East Providence provides, "the Council shall appoint an officer of the City who shall have the title of City Manager . . ."; and

WHEREAS, said Resolution needs to be amended to clarify that the Search Committee's purpose shall not be the hiring of the City Manager but that the City Council for the City of East Providence shall appoint the City Manager; and

WHEREAS, said Resolution needs further clarification to specify the Council's charge to the Committee and its duties and responsibilities;

NOW, THEREFORE, BE IT RESOLVED that the Resolution appointing Search Committee for City Manager is hereby amended as follows:

a. The City Manager Search Committee is subject to the Rhode Island Open Meetings Act, the Rhode Island Access to Public Records Acts and the Rhode Island Public Records Administration Act and shall strictly adhere to the requirements of those laws;

b. The City Manager Search Committee is an advisory committee to the City Council; the City Council shall retain its authority pursuant to section 2-10 of the City Charter and the City Council shall appoint the City Manager;

c. All members of the City Manager Search Committee shall be qualified electors of the City of East Providence;

d. The members of the City Manager Search Committee shall serve without compensation;

e. A majority of the members of the Committee shall constitute a quorum and the Committee shall take no action without a quorum; the Committee shall elect from among its members a Chair, a Vice Chair, and a Secretary; the Chair shall preside over the meetings of the Committee and the Vice Chair may act in the absence of the Chair; the Secretary will keep the minutes of the meetings;

f. The Search Committee shall assist the City Council in establishing a process to notify as many qualified candidates as possible for the position of City Manager;

g. The Search Committee shall make a written report to the City Council addressing at least the following matters related to the City Manager search

1) identify professional search firms that specialize in finding candidates for government positions particularly that of City Manager

2) make a recommendation as to the most qualified firm and state the reasons in support of the recommendation

3) outline the services provided by such a firm and determine the cost for said services

4) recommend whether or not the Council should engage the services of a professional search firm and state the reasons in support of the recommendation

h. In the event the Council determines not to secure the services of a professional search firm, the Committee shall make specific recommendations on the process for the search;

1) for example, provide recommendations for the ad to be published for the position

2) make recommendations as to the publications where the ad should appear, both in the electronic and print media

3) make recommendations to assure that the notice for the position reaches as many qualified candidates as possible

4) make recommendations as to a time schedule for the City Council to receive the résumés of candidates

5) the Search Committee shall make such other recommendations to the City Council as it shall determine will assist the City Council in attracting the most qualified candidates for the position of City Manager

i. the City Council shall be responsible for reviewing all résumés received from candidates and shall be responsible for the selection and appointment of the City Manager

This Resolution shall become effective upon its passage.



Requested jointly by: Councilman Conley and Councilman DiGioia

Motion___By___2nd___

Conley___DiGioia___Kleyla___Rose___Rogers___



E.Communications



1. Thomas Riley, 3620 Pawtucket Avenue (02915) requesting to address the Council regarding the Council meeting of December 28, 2010 and the inconsistency and misinformation at the meeting.



2. James Vincent, 300 Weybosett Street, Providence (02903) requesting to address the Council regarding Public Safety.



3. Cliff Monteiro, 300 Weybosset Street, Providence (02903) requesting to address the Council regarding Public Safety.



4. Jo-Ann Durfee, 14 Omega Way (02916) requesting to address the Council regarding TLA/Pond View issues.



5. Nancy Capineri, 6 Sutcliffe Circle (02916) requesting to address the Council regarding TLA/Pond View issues.



6. David Tente, 18 Windmill Lane (02916) requesting to address the Council regarding TLA/Pond View issues and City Manager selection.



7. James A. Briden, 17 Hollow Ridge Road (02916) requesting to address the Council regarding TLA/Pond View issues.



X. ADJOURNMENT
Motion___By___2nd___

Conley___DiGioia___Kleyla___Rose___Rogers___



*If communications assistance is needed or any other accommodations to ensure equal participation please contact the City Clerk's Office at 435-7590.