I.      CONSENT CALENDAR

APPROVAL OF COUNCIL JOURNALS

December 4, 2007 - Regular Council Meeting

December 15, 2007 – Special Council Workshop

December 18, 2007 – Regular Council Meeting

December 20, 2007 – Legislative Breakfast

B.  CANCELLATION/ABATEMENTS (Requested by Tax Assessor)

C.     HARDSHIP/REAL ESTATE APPEALS(Requested by Tax Assessor)

Councilwoman Perry asked that the December 20, 2007 minutes be amended to read 1.6% instead of 16%.

On motion of Councilwoman Perry, seconded by Councilman Silva, and on a roll call vote, it is unanimously voted to approve the Consent Calendar as amended.

II.     APPOINTMENTS

1.  Juvenile Hearing Board (by Councilman DiTraglia)

Linda Andreoni (for a term expiring 11/1/10)

854 Bullocks Point Avenue (02915)

On motion of Councilman DiTraglia, seconded by Councilwoman Perry, and on a roll call vote, it is unanimously voted to approve.

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL

PUBLIC HEARING

            HIGHWAY ABANDONMENT – CEDAR AVENUE FROM BLUFF STREET WESTWARD TO NARRAGANSETT BAY

            Petition for highway abandonment on Cedar Avenue from Bluff Street westward to Narragansett Bay

            Petitioners:  James W. & Corinna E. Barry, 47 Bluff Street (02915),  Joseph & Margaret Rochette, 51 Bluff Street (02915)

            Attorney:  Matthew D. Slepkow, 1481 Wampanoag Trail (02915)

            Advertised:  East Providence Post – December 14, 21 & 28, 2007

            Notice sent to Utility Company – December 7, 2007

            Notices served abutters – December 7 & 9, 2007

            Planning Board Recommendation

Attorney Matthew D. Slepkow, 1481 Wampanoag Trail (02915) this is a petition to abandon a 4600 square foot partial of Cedar Avenue northerly of Bluff Street.  The application went before the Planning Board November 14, 2007 and was passed by a vote of 4 – 1.  There was some negative commentary from the planning staff prior to the hearing; however the Planning Board did pass it.  The Planning Board agreed that if anyone wants to enjoy the views of the Bay they would likely walk the 300 yards to the Sabin Point Park. 

Margret Rochette, 51 Bluff Street (02915) was sworn in by City Solicitor.

Mrs. Rochette stated she lived in Riverside for 74 years, 61 at 51 Bluff Street.  1966 bought the house from Parents.  The City never took care of the property. 

Councilman DiTraglia asked the vote was 4 -1 what was the objection.

Attorney Slepkow stated he read some of the comments from the Planning staff and one idea was maybe the City might want to develop it and have an access point to get to the water.              

Mayor Ramos showed concern about the Planning Department recommends denial, and the Conservation Commission states to be rejected.

Attorney Slepkow stated prior to the Planning Board hearing they

Councilwoman Perry asked Mrs. Rochette what you plan to do with the property.

Mrs. Rochette stated nothing.

Councilwoman Perry stated she was there today and if you want to view the Bay ¼ mile down the street is Sabin Point.  I have no problem with this.  You realize this would increase your property value and properly increase your tax rate.

Mrs. Rochette stated so what else is new.

Councilman Cusack asked Mr. Conley the principle behind abandoning property.

Mr. Conley stated the determination that the public has no longer any use to it.   It’s no longer any public value to the City its considered surplus. 

Cynthia Scipione, 41 Bluff Street (02915) was sworn in by City Solicitor.

Ms. Scipione stated she grew up in Riverside I played on the water and there was an access in that area.  The Pacheco’s did own the property at one time and it was fenced off, the Barry’s had it fenced off.  The public could not use it.  I have a petition of people who want to keep this open.  It has historic value; there is a lot of elderly who can’t walk to Sabin’s Point.  She shows the Council the signed petitions, pictures of fencing a stone wall and a pile of rocks.  They took all the rocks out in a two day period.  They put boxes on the west side.  She shows a letter from the Coastal Management saying that they need to remove some of these things and they did not.  She shows a picture of her side where they encroached on her side of the property.  Concerned that the fence they put up on her side was against Coastal Management so if you approve this abandonment what’s going to stop them from put up fences?

Councilman Cusack stated there is litigation going on and we have all these signature.

Laurence Cribari, 110 Main Street (02915) was sworn in by City Solicitor.

Mr. Cribari stated I grew up in this area the Barry’s did not own it the Pacheco’s did.  When I was a teenager a fence went across it.  The City made them turn it into a pair of gates because it obstructed the public access.  The gate always remained chained and locked.  So we did not have access that’s why they never saw anyone using it, our access was restricted.  This is one of the very few remaining access point left other than Sabin Point and I would hope to keep this a public access.  When I grew up here most of the neighbors knew me and let me have access to the beach.   I don’t think it’s like that anymore and I think children who are not as fortunate to have family access should be able to get to the water.

James Barry, 47 Bluff Street (02915) was sworn in by City Solicitor.

Mr. Barry stated when we build the rocks we had Al Quattrucci verbal compliance.

The brush went 15’ high, the reason the public can see it’s because we clean it.

Mayor Ramos stated but if you had it fenced off you would get over growth and have no public access.  I can’t vote on this tonight.

Councilman Cusack asked Mr. Conley if the City didn’t grant this abandonment could the City have an agreement with the abutter to continue taking care of the property so they and the public have an access.

Mr. Conley stated the City has entered into agreements with abutter property owners of easements.

Mrs. Rochette stated someone was talking load and they came from Richmond Point section saying they were going to be sitting having a beer and a chair and watching the water.  They said there’s a petition that they got from Riverside Liquors.

Councilman DiTraglia stated when someone comes to us with 100 petitioners with a concern for this area and as the Mayor says it’s not proper for us to vote until we did some more study on this.

Councilwoman Perry asked about the petition for a public bench.

Attorney Slepkow stated if the packets of materials are causing your concerns is really not fair.  The whole point of your Planning Board is your expertise, and your Planning Board is your experts.  The Planning Board goes to other members of the Department, Conservation Commission the Utilities all of those people who commented.  Then they weigh all that evidence and give a vote and their vote was to approve the abandonment.

Councilman Cusack stated the Planning Department is the expert and this is a right away to the water we can’t just rubber stamp things.

Mayor Ramos stated I agree with Councilman DiTraglia that maybe the City should have kept up with this but I can’t vote on this tonight.

Councilwoman Perry stated this is in Ward 3 and I would like to plan a public meeting in Riverside area maybe at the Library and we could have the people who signed the petition all the neighbors send out a letter Council will be invited.  Find out what the people want.

On motion of Councilwoman Perry, seconded by Councilman DiTraglia, and on a roll-call vote, it is unanimously voted to defer.

On motion of Councilwoman Perry, seconded by Councilman DiTraglia, and on a roll-call vote, it is unanimously voted to establish a community meeting.

Councilman Silva asked if the City Manager get us transcripts of the Planning Board meeting and stuff like that so we can know what was going on, some clarification.

Mr. Brown stated it might be more appropriate for the Planning Director clarify.

Councilman Silva stated we did not accept this petition as evidence so she might want to take it back and that is a petition is for a park bench it is not to save this easement, so if you intend on that was to save the easement you would have to reword it and have them resign it.

VI.    PUBLIC HEARINGS

ORDINANCES – FINAL PASSAGE    

VII.   CONTINUED BUSINESS

VIII. NEW BUSINESS

A.     CITY MANAGER’S REPORT

1.      Providence Rhode Races

Mr. Brown stated the City was approached by Eident Sports Marketing regarding the Providence Rhode Races that incur on May 3 & 4, 2008 as part of the whole weekend event they will be holding a marathon on May 4^th it will encompass a portion of East Providence which is outlined in the presentation.  They need to get State approval on State Roads and they will need to use the Bike Path and asked to use our Streets.  They will not be completely closing out these streets.

Mayor Ramos stated I was watching TV and Mayor Cicilline mentioned this big project this Rhode Race and never mentioned East Providence once.

Mr. Brown stated he will be corrected. 

Mayor Ramos stated this was conflicting with one that we had in the City for years.

Mr. Brown stated we can accommodate both races.

On a motion of Councilwoman Perry, seconded by Councilman Silva and on a roll-call vote, it is unanimously voted to approve.

B.  REPORTS OF OTHER CITY OFFICIALS

CLAIMS COMMITTEE (by William J. Conley, Jr. – City Solicitor)

On a motion of Councilman Silva, seconded by Councilwoman Perry and on a roll-call vote, it is unanimously voted to approve.

C.     RESOLUTIONS

ABANDONMENT OF CEDAR AVENUE

WHEREAS, the City Council of the City of East Providence deemed it necessary to abandon Cedar Avenue from Bluff Street to Narragansett Bay as shown on a recorded plat of land entitled “Plat of Riverside Villa Lots near Cedar Grove” surveyed and platted by Cushing & Co., Sept 1871 Recorded Nov. 28, 1871, witness, Cha L. Hazard, Town Clerk—Plat Card 20 and on Tax Assessor’s Map 312 on Block 33 and Map 212 on Block 1 dated December 31, 2000 situated in East Providence, County of Providence, State of Rhode Island.

WHEREAS, said petition, having been duly advertised and all interested parties duly notified in accordance with law, and after public hearing held on January 2, 2008:

It is hereby ORDERED, ADJUDGED, and DECREED that Cedar Avenue from Bluff Street to Narragansett Bay as shown on a recorded plat of land entitled “Plat of Riverside Villa Lots near Cedar Grove” surveyed and platted by Cushing & Co., Sept 1871 Recorded Nov. 28, 1871, witness, Cha L. Hazard, Town Clerk—Plat Card 20 and on Tax Assessor’s Map 312 on Block 33 and Map 212 on Block 1 dated December 31, 2000 situated in East Providence, County of Providence, State of Rhode Island, described as follows:

That certain lot or parcel of land, with all the buildings and other improvements thereon, situated on the westerly side of Bluff Street in the City of East Providence, County of Providence, State of Rhode Island, laid out and designated as the lot shown as 4600+/- square feet of Cedar Avenue to be abandoned on that plat entitled “Proposed Abandonment unimproved portion of Cedar Avenue west of Bluff Street to Narragansett Bay Between Barry and Rochette Homes, 47 & 51 Bluff Street, East Providence, RI AP 312/33/1 and 212/1/10 by Express Surveying, Curtis M. Johnson, P.L.S.” which plat is recorded in said City of East Providence, herewith.

Said abandoned road parcel containing 4,600 square feet of land and is shown on a plan entitled, “Proposed Abandonment unimproved portion of Cedar Avenue west of Bluff Street to Narragansett Bay Between Barry and Rochette Homes, 47 & 51 Bluff Street, East Providence, RI AP 312/33/1 and 212/1/10 by Express Surveying, Curtis M. Johnson, P.L.S.” be and is hereby abandoned as a public highway by reason of the fact that Cedar Avenue from Bluff Street to Narragansett Bay as shown on a recorded plat of land entitled “Plat of Riverside Villa Lots near Cedar Grove” surveyed and platted by Cushing & Co., Sept 1871 Recorded Nov. 28, 1871, witness, Cha L. Hazard, Town Clerk—Plat Card 20 and on Tax Assessor’s Map 312 on Block 33 and Map 212 on Block 1 dated December 31, 2000 situated in East Providence, County of Providence, State of Rhode Island as hereinabove described has ceased to become useful to the public, said abandonment to be subject to the stipulation that nothing be built upon the subject land.

It is further ORDERED, ADJUDGED, and DECREED that after due appraisal, it is determined that there is no damage sustained by the abutting property owners by reason of said abandonment, and, therefore, no award of damages shall be made; and

It is further ORDERED, ADJUDGED, and DECREED that the Director of Public Works be directed to cause signs to be placed at each end of said abandoned highway as hereinabove described, having thereon the words “Not a Public Highway”; and

It is further ORDERED, ADJUDGED, and DECREED that after entry of this decree the City Clerk shall cause notice thereof to be posted in a newspaper published in Providence County, and that further and personal notice be served by the City Sergeant upon every owner of land abutting upon said Cedar Avenue as hereinabove described who is known to reside within this state.

On motion of Councilman Silva, seconded by Councilwoman Perry, and on a roll-call vote, it is unanimously voted to defer.

D.   INTRODUCTION OF ORDINANCES (If given First Passage, can be referred to the next regular Council Meeting to be held on January 15, 2008 for a public hearing and consideration of final passage).

1.      The following is an ordinance amendment regarding Fire Safety Permits in compliance with a revised fee schedule set forth in R.I.G.L. § 23-28.1-2.

AN ORDINANCE IN AMENDMENT OF CHAPTER 4 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998,

AS AMENDED, ENTITLED “BUILDINGS AND BUILDING REGULATIONS.”

SECTION I.  Subsection (b) of Sec. 4-20 entitled “Fire safety permits.” of Chapter 4 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Buildings and Building Regulations.” is hereby amended to read as follows:

(b) Life safety plan review permit.  Every request to the city fire marshal’s office for a life safety plan review permit shall be accompanied by the fee as prescribed as follows:

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:  Fire Department)

Mayor Ramos asked for clarification of the ordinance.

Mr. Conley explained that we were charging these fees before and now we are codifying it.

On motion of Councilman Silva, seconded by Councilman DiTraglia, and on a roll call vote, it is unanimously voted to dispense with the reading of the ordinance.

On a motion of Councilman DiTraglia, seconded by Councilman Silva and on a roll-call vote, it is unanimously voted to approve.

D.  COMMUNICATIONS  

Ralph Germani, 66 Summit Street (02914) was sworn in by City Solicitor.

Mr. Germani stated Summit Street is a narrow Street from curb to curb its 23’ my car is 17’ long if you park a vehicle on the other side of the Street its approximately 5’ to 6’ so you have to drive on the sidewalk.  I feel this is a hazard it’s unsafe it’s a liability to the City and I would ask the board that they put a no parking sign across the Street.

Mayor Ramos stated we can’t just put a no parking sign up.  We have to have the City Manager asked the Public Works Director to look into it.  After an investigation then we will find out what the recommendation is.

Mr. Germani stated so in the mean time do you want us to drive on the sidewalk.

Mayor Ramos stated well first of all I don’t want to be flippant to you just came back to me.  How long have you lived there.

Mr. Germani stated I lived there three years.

Mayor Ramos stated ok so the last three years you never came here.  We have a process.

Councilman Cusack stated there is a process.

Mr. Germani stated me and my family have to back into my driveway it’s illegal we have to over shout the driveway and then back up which is totally unsafe.

Councilman DiTraglia asked if there blocking your entrance way to get into the driveway.

Mr. Germani stated no.

Councilman DiTraglia stated we’ll look into it for you.

Mr. Germani stated in the mean time can you put up some kind of temporary sign right now.

Councilman DiTraglia stated no we can do that.

Mr. Germani stated so if someone backs into a car across the Street and God Forbid there is children in that car.

Mayor Ramos stated you have insurance if there is an accident you and your insurance will take care of it, but I have to protect the rights of the City also and we have to do it the right way there is a process.

Mr. Germani stated I’m here because I don’t want anyone getting hurt.

Mayor Ramos stated that’s why we are moving on it right away we turn it over to the City Manager.

Mr. Germani stated so in the mean time you want me to continue driving on the sidewalks.

Councilman DiTraglia stated whatever you have been doing continue to do whatever you have been doing.

Mr. Brown stated use your own judgment.

Councilman Silva stated this is under public comment so there is no way we can vote on it today.  Study has to be done first then the recommendation will come before us.

IX.    ADJOURNMENT

On motion of Councilman Silva, seconded by Councilwoman Perry, it is voted to adjourn.

Mayor Ramos adjourns the meeting at 9:15 p.m.

Attest:

_________________________________

Virginia B. Nunes

City Clerk

Approved:    January 15, 2008