CITY OF EAST PROVIDENCE   RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING Tuesday, November 16, 2010 6:45pm Executive Session 7:30 PM Regular Meeting

 

 

I.       CALL TO ORDER

7:30 PM Meeting called to order on November 16, 2010 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

II.     INVOCATION

III.    SALUTE TO THE FLAG

1.   Motion To:         To return to open session and keep the minutes of executive session sealed.

RESULT:            APPROVED [UNANIMOUS]

MOVER:           Valerie A. Perry, Councilwoman

SECONDER:     Bruce DiTraglia, Councilman

AYES:             Larisa Jr, Cusack, Coogan, Perry, DiTraglia

IV.     Motion to approve the Consent Calendar minus the Council Journals.

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.

 

RESULT:            ADOPTED [UNANIMOUS]

MOVER:           Valerie A. Perry, Councilwoman

SECONDER:     Bruce DiTraglia, Councilman

AYES:             Larisa Jr, Cusack, Coogan, Perry, DiTraglia

A. Vict/Not Over 24 – Transfer

New BZ Mart Smoke Shop Corporation, DBA New BZ Mart, 2775 Pawtucket Avenue (02914)

B.  Holiday Sales - Transfer

New BZ Mart Smoke Shop Corporation, DBA New BZ Mart, 2775 Pawtucket Avenue (02914)

C.  Vict/Not Over 25

Marylou’s News Inc, DBA Marylou’s Coffee, 183 Whiting Street, Hingham, MA 02043 located at 2200 Pawtucket Avenue (02914)

4.   Council Journals

1. Regular Council Meeting October 19, 2010

2. Regular Council Meeting November 9, 2010

V.      PROCLAMATIONS & PRESENTATIONS

1.   Beautification Committee Awards 2010, Joe Gibson, Chair

VI.     APPOINTMENTS

All Council appointments will appear on docket under the heading Appointments, listing the committee the appointment is being made to, the name and address of the candidate, and the Council member nominating the candidate.

1.   Motion To:         Library Board of Trustees Re-Appointment (by Councilwoman Perry)

COMMENTS - Current Meeting:

Margaret Marcotte, 14 Rice Avenue (02914)

RESULT:            APPROVED [UNANIMOUS]

MOVER:           Valerie A. Perry, Councilwoman

SECONDER:     Brian Coogan, Councilman

AYES:             Larisa Jr, Cusack, Coogan, Perry, DiTraglia

2.   Motion To:         Library Board of Trustees Re-Appointment (by Councilwoman Perry)

COMMENTS - Current Meeting:

Kathy Dias, 174 Narragansett Avenue (02914)

RESULT:            APPROVED [UNANIMOUS]

MOVER:           Valerie A. Perry, Councilwoman

SECONDER:     Brian Coogan, Councilman

AYES:             Larisa Jr, Cusack, Coogan, Perry, DiTraglia

3.   Motion To:         Beautification Committee Re-Appointment (by Councilwoman Perry)

COMMENTS - Current Meeting:

Donna Yan, 44 Garden Drive (02915)

RESULT:            APPROVED [UNANIMOUS]

MOVER:           Valerie A. Perry, Councilwoman

SECONDER:     Robert E. Cusack, Assistant Mayor

AYES:             Larisa Jr, Cusack, Coogan, Perry, DiTraglia

4.   Motion To:         Zoning Board of Review Appointment (by Mayor Larisa)

COMMENTS - Current Meeting:

     Tony Cunha, 10 Don Avenue (02916)

RESULT:            APPROVED [UNANIMOUS]

MOVER:           Valerie A. Perry, Councilwoman

SECONDER:     Robert E. Cusack, Assistant Mayor

AYES:             Larisa Jr, Cusack, Coogan, Perry, DiTraglia

VII.   ORDINANCES FINAL PASSAGE -PUBLIC HEARINGS

1.   Motion To:         An ordinance regarding increase in the annual fee of the fixed meter charge portion of sewer charge

COMMENTS - Current Meeting:

AN ORDINANCE IN AMENDMENT OF CHAPTER 17 OF THE

REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE,

RHODE ISLAND, 1998, AS AMENDED, ENTITLED “UTILITIES.”

SECTION I.  Subsection (b) of Sec. 17-183 entitled “Charges to be based upon water consumption; rate?”of Chapter 17 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Utilities” is amended to read as follows:

(b) The fixed meter charge portion of the sewer charge shall be determined as follows:

Meter Size               Annual Fee

5/8                        $40.00 60.00

3/4                         70.00 100.00

1                           100.00 150.00

1 1/2                      200.00 300.00

2                           310.00 450.00

3                           670.00 980.00

4                           1,140.00 1,660.00

6                           2,360.00 3,440.00

8                           3,390.00 4,950.00

Such fee shall be prorated quarterly or monthly for users of city water who are billed on a quarterly or monthly basis.

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

Requested by:  Director of Public Works

2.   Motion To:         An ordinance regarding the water consumption portion of sewer charge increase.

COMMENTS - Current Meeting:

AN ORDINANCE IN AMENDMENT OF CHAPTER 17 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “UTILITIES.”

SECTION I.  Subsection (c) of Sec. 17-183 entitled “Charges to be based upon water consumption; rate” of Chapter 17 of the ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Utilities”  is amended to read as follows:

(c) Effective November 1, 2009 2010, the water consumption portion of the sewer charge shall be at a rate of $4.46 6.42 per hundred cubic feet of water used based upon the actual quarterly or monthly meter reading of water consumption less an annual exemption of 3,500 cubic feet.  Such exemption shall be prorated quarterly or monthly for users of city water who are billed on a quarterly or monthly basis.

Effective November 1, 2010 2011, the rate per hundred cubic feet of water will increase to $5.35 7.78.

Effective November 1, 2011 2012, the rate per hundred cubic feet of water will increase to $5.41 8.09.

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

Requested by:  Director of Public Works

VIII.  NEW BUSINESS

A. CITY MANAGERS REPORT

1.   Motion To:         Development Agreement City of East Providence and CME Cornerstone – Forbes Street Redevelopment Project

B.  REPORTS OF OTHER CITY OFFICIALS

1.   Motion To:         Inauguration Date Wednesday, December 1, 2010 (by City Clerk Kim Casci)

RESULT:            APPROVED [UNANIMOUS]

MOVER:           Valerie A. Perry, Councilwoman

SECONDER:     Bruce DiTraglia, Councilman

AYES:             Larisa Jr, Cusack, Coogan, Perry, DiTraglia

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

COMMENTS - Current Meeting:

Pursuant to R.I.G.L. 42-46-5(a)(2), a motion is made by Councilman DiTraglia and seconded by Councilwoman Perry to convene in closed session for the purposes of discussing claims & litigation.  Upon a roll call vote:  Mayor Larisa - Aye, Councilman Coogan - Aye, Councilman Cusack - Aye, Councilman DiTraglia - Aye, Councilwoman Perry - Aye, the motion is approved 5-0. 

 

EAST PROVIDENCE CLAIMS COMMITTEE

CLAIMS & LITIGATION REPORT

NOVEMBER 16, 2010; ROOM 101; 7:00 P.M.

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

          NEW CLAIMS

 

COMMERCE INSURANCE       $1050.28

INSURED: LORETTA A. SOUZA

RM No. 10-068, Claim No. 10-049

Subrogation claim for property damage sustained when a Highway Division dump truck backed into insured’s vehicle.

Motion by:  Councilman DiTraglia              Seconded by:  Councilman Cusack

Motion:  Approve the claim in the amount of $1050.28.

 

JOSE GONSALVES, JR.         $390.00

RM No. 10-063, Claim No. 10-046

Claim for reimbursement of expenses incurred as a result of a sewer backup.  See recommendation of the Director of Public Works.

Motion by:  Councilman DiTraglia              Seconded by:  Councilman Cusack

Motion:  Deny the claim.

 

RANDAL A. KOLLETT  $1195.00

RM No. 10-059, Claim No. 10-044

Claim for reimbursement of expenses incurred as a result of a sewer backup.  See recommendation of the Director of Public Works.

Motion by:  Councilman DiTraglia              Seconded by:  Councilman Coogan

Motion:  Approve the claim in the amount of $1195.00.

 

SEAN MONAGHAN     $1066.48

RM No. 10-058, Claim No. 10-043

Claim for property damage sustained when strong winds blew a City street sign onto the claimant’s vehicle while he was stopped at a traffic light on Massasoit Avenue.  See recommendation of the Director of Public Works.

Motion by:  Councilwoman Perry               Seconded by:  Councilman DiTraglia

Motion:  Deny the claim.

 

CLAIMS FOR RECONSIDERATION

KENNETH LUKE         $456.00

RM No. 09-088, Claim No. 09-049

Claim for property damage to claimant’s parked vehicle which was struck by a police vehicle in the parking lot of the police station.  This matter was heard by the Claims Committee at its meeting held on January 19, 2010 and it was voted to deny the claim.  See letter from claimant’s attorney.

Motion by:  Councilman DiTraglia              Seconded by:  Councilwoman Perry

Motion:  Deny the claim.

RESULT:            APPROVED [UNANIMOUS]

MOVER:           Valerie A. Perry, Councilwoman

SECONDER:     Bruce DiTraglia, Councilman

AYES:             Larisa Jr, Cusack, Coogan, Perry, DiTraglia

C.  COUNCIL MEMBERS

1.   School Department Deficit Reduction Plan (by Mayor Larisa)

2.   A Recap of the Accomplishments of the Best Council and School Committee Majorities in the last 20 years. (by Mayor Larisa)

3.   Thank You East Providence … for 18 Years of Public Service.  (by Mayor Larisa)

Following the Mayor's comments all the Council members discuss their experiences and thank the voters for the opportunity to serve and their gratitude in having had the opportunity to serve together. 

4.   Personal Reflections (by Councilwoman Perry)

5.   TLA/Pond View (by Councilman Cusack)

Councilman Cusack states he would hope that the new Council continues in it's pursuit of complaints by the neighbors regarding TLA/Pond View.  

D. RESOLUTIONS

All resolutions will appear on docket with the name of the resolution's sponsor.

1.   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

2.   Motion To:         A RESOLUTION IN SUPPORT OF A PERMANENT NATIONAL PARK IN THE BLACKSTONE VALLEY

COMMENTS - Current Meeting:

WHEREAS, in 1986, by Public Law 99-647, Congress established the Blackstone River Valley National Heritage Corridor in Rhode Island and Massachusetts to preserve and interpret the unique and significant contributions of the Valley’s resources and history to the nation’s heritage; and

WHEREAS, Congress created the Corridor Commission to work with the National Park Service, the two states, the cities and towns within the Corridor and other partners to develop and implement integrated cultural, historical and community programs to retain, enhance and interpret the Corridor’s heritage values; and

WHEREAS, the Corridor Commission’s work with the National Park Service and many public and private partners has had an extremely positive impact throughout the Corridor to achieve preservation, stewardship, recreation and community educational goals; and

WHEREAS, the City of East Providence has enjoyed significant benefits from its affiliation with the Commission, the National Park Service, other Corridor cities and towns, and public and private partners; and

WHEREAS, the Corridor Commission continues to be an important partner of the municipalities in carrying out regional and local programs to protect and enhance historical, cultural and natural resources for the education and enjoyment of citizens; and

WHEREAS, the Commission’s term has been extended by Congress in 1991, 1996 and 2006 but is now scheduled to end in October 2011.

NOW, THEREFORE, BE IT RESOLVED that the East Providence City Council advocates for a continuing National Park Service presence in the Blackstone Valley in the State of Rhode Island and the Commonwealth of Massachusetts; encourages the continuation of the work of the Corridor Commission and its partners through a community-based organization that will work with the National Park Service for the purposes of preserving and sharing the Valley’s heritage; protecting the River, Canal, mill villages and other historic sites, structures, and landscapes; offering outstanding visitor experiences as well as opportunities for sustainable, heritage-based economic enterprise.

BE IT FURTHER RESOLVED that the East Providence City Council requests that our Congressional delegation introduce and strongly support legislation to (1) establish a new unit of the National Park System with five core sites in Rhode Island and Massachusetts and (2) identify a community-based partner to work with the National Park Service to develop a management plan for the park, protect and interpret heritage sites and landscapes throughout the Blackstone Valley, and promote existing visitor facilities and River greenway recreational amenities.

IX.     ADJOURNMENT

1.   Motion To:         Motion to Adjourn in honor of John Lewis

RESULT:            APPROVED [UNANIMOUS]

MOVER:           Valerie A. Perry, Councilwoman

SECONDER:     Brian Coogan, Councilman

AYES:             Larisa Jr, Cusack, Coogan, Perry, DiTraglia

 

Approved By Council:  November 30, 2010

 

Attest:  _____________

                 City Clerk