CITY OF EAST PROVIDENCE

 

RHODE ISLAND

JOURNAL OF REGULAR COUNCIL MEETING

Thursday, November 3, 2009

6:45pm Executive Session

7:30 PM Regular Meeting

 

I.          EXECUTIVE SESSION

 

II.        CALL TO ORDER

7:30 PM Meeting called to order on November 3, 2009 at Council Chambers, City of East Providence, East Providence, RI.

 

Attendee Name

Title

Status

Arrived

Joseph S. Larisa Jr

Mayor

Present

 

Robert E. Cusack

Assistant Mayor

Present

 

Brian Coogan

Councilman

Present

 

Valerie A. Perry

Councilwoman

Present

 

Bruce DiTraglia

Councilman

Present

 

Kim Casci

City Clerk

Present

 

Richard Brown

City Manager

Present

 

James Briden

City Solicitor

Present

 

 

III.       INVOCATION

 

IV.       SALUTE TO THE FLAG

 

V.        TO APPROVE THE CONSENT CALENDAR

A motion is made to accept the Consent Calendar minus the Council Journal of October 6, 2009, by Councilwoman Perry, seconded by Councilman DiTraglia. 

 

RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Valerie A. Perry, Councilwoman

SECONDER:

Bruce DiTraglia, Councilman

AYES:

Larisa Jr, Cusack, Coogan, Perry, DiTraglia

 

A.        Approval of Council Journals

1.         Journal Regular Council Meeting October 6, 2009

 

B.        Letters

1.         Coastal Resources Management Council assent to construct and maintain 1.1 miles of new road along railroad right-of-way east side of Seekonk River connecting Warren Ave. and Dexter Rd.

2.         Notice of Property Number Change 34 Sumach Avenue, Map 309, Block 08, Parcel 016.00.

 

C.        Alcoholic Beverage Class F

1.         Sacred Heart Church, Annual Dinner Dance November 7, 2009. 118 Taunton Avenue (02914)

 

D.        Vict/Over 50

Pollo Boston, LLC., DBA Campero, 25 Newport Avenue (02916)

 

E.         Cancellation/Abatement

Year

Amount

2009

123.16

Total

123.16

 

F.         Hardship Appeals

Hardships

$3804.04

Appeals

$4113.21

Total

$7917.25

 

VI.       Return to Open Session

 

1.         Motion To:      Return to Open Session

COMMENTS - Current Meeting:

A motion is made to return to open session from executive session.

 

RESULT:

ADOPTED [UNANIMOUS]

MOVER:

Valerie A. Perry, Councilwoman

SECONDER:

Bruce DiTraglia, Councilman

AYES:

Larisa Jr, Cusack, Coogan, Perry, DiTraglia

 

VII.     APPOINTMENTS

 

1.         Motion To:      Harbor Management Commission (by Councilman DiTraglia)

COMMENTS - Current Meeting:

Jeanne Brockway, 24 Lathem Avenue, Barrington 02806 (ex-officio, Barrington resident).

 

RESULT:

APPROVED [UNANIMOUS]

MOVER:

Bruce DiTraglia, Councilman

SECONDER:

Brian Coogan, Councilman

AYES:

Larisa Jr, Cusack, Coogan, Perry, DiTraglia

 

VIII.    ORDINANCES-FINAL PASSAGE

 

1.         Motion To:      Motion to dispense with the reading of the ordinance.

 

RESULT:

APPROVED [UNANIMOUS]

MOVER:

Valerie A. Perry, Councilwoman

SECONDER:

Robert E. Cusack, Assistant Mayor

AYES:

Larisa Jr, Cusack, Coogan, Perry, DiTraglia

 

2.         Motion To:      This ordinance authorizes the Director of Finance to borrow during the fiscal year ending October 31, 2010 money in anticipation of the sewer use fee revenue.

COMMENTS - Current Meeting:

On a roll call vote.

 

RESULT:

APPROVED [UNANIMOUS]

MOVER:

Robert E. Cusack, Assistant Mayor

SECONDER:

Valerie A. Perry, Councilwoman

AYES:

Larisa Jr, Cusack, Coogan, Perry, DiTraglia

 

3.         Motion To:      Motion  to dispense with the reading of the ordinance.

 

RESULT:

APPROVED [UNANIMOUS]

MOVER:

Valerie A. Perry, Councilwoman

SECONDER:

Bruce DiTraglia, Councilman

AYES:

Larisa Jr, Cusack, Coogan, Perry, DiTraglia

 

4.         Motion To:      This ordinance authorizes the Director of Finance to borrow during the fiscal year ending October 31, 2010 money in anticipation of the property taxes.

COMMENTS - Current Meeting:

On a roll call vote.

 

RESULT:

APPROVED [UNANIMOUS]

MOVER:

Robert E. Cusack, Assistant Mayor

SECONDER:

Bruce DiTraglia, Councilman

AYES:

Larisa Jr, Cusack, Coogan, Perry, DiTraglia

 

5.         Motion To:      Motion to dispense with the reading of the ordinance.

 

RESULT:

APPROVED [UNANIMOUS]

MOVER:

Valerie A. Perry, Councilwoman

SECONDER:

Robert E. Cusack, Assistant Mayor

AYES:

Larisa Jr, Cusack, Coogan, Perry, DiTraglia

 

6.         Motion To:      The following ordinance pertains to the assessment and collection of property tax on the ratable real estate, tangible personal property and an excise tax on registered motor vehicles and trailers.

COMMENTS - Current Meeting:

On roll call vote, the motion passes 4-1.

 

RESULT:

APPROVED [4 TO 1]

MOVER:

Robert E. Cusack, Assistant Mayor

SECONDER:

Bruce DiTraglia, Councilman

AYES:

Joseph S. Larisa Jr, Robert E. Cusack, Valerie A. Perry, Bruce DiTraglia

NAYS:

Brian Coogan

 

7.         Motion To:      Motion to dispense with the reading of the ordinance.

 

RESULT:

APPROVED [UNANIMOUS]

MOVER:

Valerie A. Perry, Councilwoman

SECONDER:

Robert E. Cusack, Assistant Mayor

AYES:

Larisa Jr, Cusack, Coogan, Perry, DiTraglia

 

8.         Motion To:      The purpose of the ordinance is to establish a bus drop off and pick up zone for the East Bay Community Action Program’s Head Start Facility located at 70 Turner Avenue.

COMMENTS - Current Meeting:

On a roll call vote.

 

RESULT:

APPROVED [UNANIMOUS]

MOVER:

Bruce DiTraglia, Councilman

SECONDER:

Valerie A. Perry, Councilwoman

AYES:

Larisa Jr, Cusack, Coogan, Perry, DiTraglia

 

IX.       NEW BUSINESS

 

1.         City Managers Report

 

A.        Selection of Auditor

Bacon and Company

 

B.        Motion To:      To accept the City Manager’s recommendation to award bid to Bacon and Co. in the amount of $126,750.

COMMENTS - Current Meeting:

On a roll call vote.

 

RESULT:

APPROVED [UNANIMOUS]

MOVER:

Valerie A. Perry, Councilwoman

SECONDER:

Robert E. Cusack, Assistant Mayor

AYES:

Larisa Jr, Cusack, Coogan, Perry, DiTraglia

 

C.        Discussion of IBPO collective agreement 11/1/09 to 10/31/10

 

D.        Possible conflict of interest.

A discussion is initiated by Councilman Cusack who directs a question to Solicitor Briden regarding a possible conflict of interest regarding Councilman Coogan's votes on police matters and how it is believed that might conflict with his placement on the tow list.  Mayor Larisa also directs a question to Solicitor Briden asking if only Councilman Coogan can request a ruling from the Ethics Commission.  Solicitor Briden confirms this.  A notation is made by Mayor Larisa that a vote regarding Councilman Coogan's placement on the tow list may need to be placed on the docket for the next Council meeting.  Councilman DiTraglia initiates a point of order which is defeated 3-2.

 

E.         Motion To:      Point of order is called, a motion to continue is made.

COMMENTS - Current Meeting:

The motion carries 3-2.

 

RESULT:

NOT APPROVED [3 TO 2]

MOVER:

Robert E. Cusack, Assistant Mayor

SECONDER:

Valerie A. Perry, Councilwoman

AYES:

Joseph S. Larisa Jr, Robert E. Cusack, Valerie A. Perry

NAYS:

Brian Coogan, Bruce DiTraglia

 

F.         Motion To:      Approval of changes to IBPO collective bargaining agreement 11/1/09-10/31/10

COMMENTS - Current Meeting:

On a roll call vote.

 

RESULT:

APPROVED [UNANIMOUS]

MOVER:

Robert E. Cusack, Assistant Mayor

SECONDER:

Valerie A. Perry, Councilwoman

AYES:

Larisa Jr, Cusack, Coogan, Perry, DiTraglia

 

2.         Reports of Other City Officials

 

A.        Motion To:      Claims Committee Report (by City Solicitor James Briden)

COMMENTS - Current Meeting:

 

NEW CLAIMS

 

NORBERTO ANDRADE    

RM No. 09-080, Claim No. 09-045

$3568.92

Claim for property damage to claimant?s parked vehicle sustained when a large tree branch fell from a City tree.  Recommend referral to insurance carrier.

Motion:  Refer the claim to the insurance carrier.

 

JOHN E. KANE, JR.

RM No. 09-082, Claim No. 09-047

$795.20

Claim for property damage to claimant?s parked vehicle sustained when a fire vehicle was backing up in the front lot of fire station number 1.

Motion:  Approve the claim in the amount of $795.20.

 

NICHOLAS LANE  

RM No. 09-079, Claim No. 09-044

$200.00

Claim for property damage to a claimant?s vehicle tire sustained while driving through a work zone on Tripps Lane.  See recommendation of the Director of Public Works.

Motion:  Refer the claim to the contractor.

 

BARBARA NAJARIAN     

RM No. 09-081, Claim No. 09-046

$132.78

Claim for property damage to claimant?s window sustained while City workers were weed trimming the sidewalk area on Moore Street.  See recommendation of the Director of Public Works.

Motion:  Approve the claim in the amount of $132.78.

 

Motion to accept the Claims Report on a roll call vote.

 

RESULT:

APPROVED [UNANIMOUS]

MOVER:

Bruce DiTraglia, Councilman

SECONDER:

Brian Coogan, Councilman

AYES:

Larisa Jr, Cusack, Coogan, Perry, DiTraglia

 

B.        Motion To:      Re-designation of the City of East Providence Enterprise Zone (by Director of Planning Jeanne Boyle)

COMMENTS - Current Meeting:

On a roll call vote.

 

RESULT:

APPROVED [UNANIMOUS]

MOVER:

Bruce DiTraglia, Councilman

SECONDER:

Valerie A. Perry, Councilwoman

AYES:

Larisa Jr, Cusack, Coogan, Perry, DiTraglia

 

3.         Council Members

 

A.        “The Council Rules of Procedure and Civility in Public Discourse” (by Mayor Larisa)

Explanation of the Council rules of procedure regarding respecting each other's right to speak, the request for points of order.  The Mayor stated that at this present meeting this was followed.  There has been friction in the community due to the economic situation the City, State and Federal Government are in.  Picketing and other ways of reasonable disagreement displays are acceptable but protesting at a Council members house is beyond the limits.  The Anthrax scare at a Council person's house is unacceptable. We are all Townies and we need to respect each other, we are all fighting for what we feel is best in the City and we may disagree on this, we are all humans and need to treat each other with dignity and respect.  There is a ballot box every two years if you feel that the person you have elected are not doing what you feel is right for the City.  

 

B.        The Taxpayers’Budget and Collective Bargaining as Part of the Solution.  (by Mayor Larisa)

Tonight we have Sen DaPonte and other members of the East Providence State Delegation.  The City has asked for relief from mandates since our legislative breakfast in January and we have not heard from any members of our delegation.  At one point some representing the opposite testifying in favor and voting in favor of bills that would increase mandates, such as teacher arbitration.

 

X.        Communications

 

1.         Denise Oliveira, President of the Cape Verdean Museum Exhibit, 1003 Waterman Avenue (02914) requesting to address the Council regarding a proposal between the City of East Providence and the Cape Verdean Museum Exhibit. 

 

2.         Carmen Tubbesing, 69 Brown St, Box 7902, Providence (02912) requesting to address the Council regarding the mechanics of the Fair Elections Bill and benefits of the Bill. 

 

3.         Christine Rossi, 29 Woodbine Street (02915) requesting to address the Council regarding combining the Fourth of July Fireworks with the Heritage Days Festival, creating a new annual “Townie Tides waterfront festival in June at Rose Larisa Park, creating a new annual “Summer Nights” waterfront festival at Bold Point Park. 

 

4.         RI State Senator Daniel DaPonte, 48 Vine Street (02914) requesting to address the Council as a response to public comments made by Council as well as personal attacks and mischaracterizations. 

 

1.         Denise Oliveira, President of the Cape Verdean Museum Exhibit, 1003 Waterman Avenue (02914)

Denise Oliveira, President of the Cape Verdean Museum Exhibit, 1003 Waterman Avenue (02914) requesting to address the Council regarding a proposal between the City of East Providence and the Cape Verdean Museum Exhibit.

Denise was unable to attend so Linda Avantashini and Evonne Marie Smart testified for the committee.

The committee asked the City to consider the donation of a school building, the old Union Primary School because their current location is too small many items remain in storage and the storage area is full as well.

City Manager Brown stated the building is in generally good condition but some work does need to be done.  An arrangement would need to be struck to maintain the integrity of the building. 

Mayor Larisa added they exhibit does need more space and the City Manager and the Planning Department will continue to look for a more permanent home and will be in touch with the committee. 

 

2.         Carmen Tubbesing, 69 Brown St, Box 7902, Providence (02912)

Requesting to address the Council regarding the mechanics of the Fair Elections Bill and benefits of the Bill. Mayor Larisa requested a list of other community that have passed a resolution and for copies of those resolutions and the City Council would consider the passage of a resolution after receiving those. 

 

3.         Christine Rossi, 29 Woodbine Street (02915)

Requesting to address the Council regarding combining the Fourth of July Fireworks with the Heritage Days Festival, creating a new annual ?Townie Tides waterfront festival in June at Rose Larisa Park, creating a new annual ?Summer Nights? waterfront festival at Bold Point Park.

The Council agreed that some of these ideas are definitely worth pursuing and instructed Mrs. Rossi to contact Alba Curti the Acting Director of Parks and Recreation so they can work together on the ideas. 

 

4.         RI State Senator Daniel DaPonte, 48 Vine Street (02914)

Requesting to address the Council as a response to public comments made by Council as well as personal attacks and mischaracterizations.

Senator DaPonte addressed his concerns with politics being played by the Council and blaming others for problems the City has to deal with and take leadership to control.  He added that there were many items the delegation and the Council could agree on if they would communicate with the delegation. 

In a question and answer portion Councilman Cusack and Mayor Larisa stated they made many attempts to communicate the City's needs with the delegation and were left with delegation members either not returning phone calls or voting or working in the opposite direction of what the City stated it needed.  They added that if Sen. DaPonte was indeed working on a consolidation bill they did not know about it and would be interested to learn more. 

 

5.         Moment of silence for Retired Lt. Stephen M.  Crowshaw.

A moment of silence is held for Retired Police Lt. Stephen M. Crowshaw who passed away this week. 

 

XI.       Adjournment

 

1.         Motion To:      Motion to Adjourn

COMMENTS - Current Meeting:

10:13pm

 

RESULT:

APPROVED [UNANIMOUS]

MOVER:

Valerie A. Perry, Councilwoman

SECONDER:

Bruce DiTraglia, Councilman

AYES:

Larisa Jr, Cusack, Coogan, Perry, DiTraglia

 

 

Attest:__________     Approved By Council:  February 2, 2010

             City Clerk

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