CITY OF EAST PROVIDENCE

 

RHODE ISLAND

JOURNAL OF REGULAR COUNCIL MEETING

Tuesday, September 21, 2010

6:45pm Executive Session

7:30 PM Regular Meeting

 

 

I.       CALL TO ORDER

 

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 from Executive Session and keep the minutes of Executive Session Closed

RESULT:            APPROVED [3 TO 2]

MOVER:           Valerie A. Perry, Councilwoman

SECONDER:     Robert E. Cusack, Assistant Mayor

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

NAYS:             Brian Coogan, Bruce DiTraglia

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.

 

RESULT:            ADOPTED [UNANIMOUS]

MOVER:           Valerie A. Perry, Councilwoman

SECONDER:     Robert E. Cusack, Assistant Mayor

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

A. Letters

1.Coastal Resources Management Council, Semi-Monthly Meeting- Full Council, Tuesday September 14, 2010 at 6:00pm, Conference Room A, Administration Building, One Capitol Hill, Providence.

B.  Cancellation/Abatement

A.

Cancellation/Abatement

 

 

Year

Amount

 

2010

$6,442.84

 

2009

$539.61

 

Total

$6,982.45

C.  Alcoholic Beverage License Class F

St. Martha's Church, Portuguese Night, 2595 Pawtucket Avenue (02914), October 23, 2010

D. Alcoholic Beverage License Class F-1

1. St Francis Xavier, SFX Band Dinner, 81 North Carpenter Street (02914), October 2, 2010

2. St Francis Xavier, 30 Week Club Dinner, 81 North Carpenter Street (02914), October 16, 2010

3. St Francis Xavier, Casa Dos Acores, 81 North Carpenter Street (02914), October 23, 2010

E.  Council Journals

Regular Council Meeting September 14, 2010

V.      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:         A.       Crossing Guard/Traffic Control (by Councilwoman Valerie Perry)

COMMENTS - Current Meeting:

James LaForge, 25 Beacon Park Drive (02915)

RESULT:            APPROVED [UNANIMOUS]

MOVER:           Valerie A. Perry, Councilwoman

SECONDER:     Brian Coogan, Councilman

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

2.   Motion To:         Soccer Task Force

COMMENTS - Current Meeting:

1. Karen Doucette 44 Peck Avenue (02915) by Councilman DiTraglia

2. Steven Souza 11 Hazelwood Avenue (02914) by Councilman DiTraglia

3. Paul Moura 31 Windmill Lane (02916) by Mayor Larisa

4. Councilman Bob Cusack - to serve as Chair by Mayor Larisa

RESULT:            APPROVED [UNANIMOUS]

MOVER:           Bruce DiTraglia, Councilman

SECONDER:     Valerie A. Perry, Councilwoman

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

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

COMMENTS - Current Meeting:

Michael D. Popolillo, 15 Tanglewood Dr. (02915) - Assistant Harbormaster

RESULT:            APPROVED [UNANIMOUS]

MOVER:           Bruce DiTraglia, Councilman

SECONDER:     Valerie A. Perry, Councilwoman

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

VI.     LICENSES (Requiring Public Hearing and Not Requiring Public Hearing)

1.   Motion To:         Motion to approve Vict/Not Over 25

COMMENTS - Current Meeting:

The Fifth LLC, DBA Subway, 411 North Broadway, Paul Deltoro, 500 Pleasant Street (02916)

RESULT:            APPROVED [UNANIMOUS]

MOVER:           Bruce DiTraglia, Councilman

SECONDER:     Robert E. Cusack, Assistant Mayor

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

2.   Motion To:         To defer Show Cause Hearing to next  meeting October 5, 2010.

COMMENTS - Current Meeting:

Azteca Restaurant, 335 Newport Avenue (02916)

RESULT:            APPROVED [UNANIMOUS]

MOVER:           Bruce DiTraglia, Councilman

SECONDER:     Robert E. Cusack, Assistant Mayor

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

3.   Motion To:         to defer Show Cause Hearing to next Council meeting October 5, 2010.

COMMENTS - Current Meeting:

Hong Meas, 332 Warren Avenue (02914)

RESULT:            APPROVED [UNANIMOUS]

MOVER:           Robert E. Cusack, Assistant Mayor

SECONDER:     Bruce DiTraglia, Councilman

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

4.  Public Hearing - Ordinances Final Passage

1.   Motion To:         Motion to approve Ordinance requiring a stop sign at Padelford Avenue and Smith Street.

COMMENTS - Current Meeting:

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:

LYMAN STREET (southbound traffic) at Padelford Avenue

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

Requested by:  Director of Public Works

RESULT:            APPROVED [UNANIMOUS]

MOVER:           Bruce DiTraglia, Councilman

SECONDER:     Valerie A. Perry, Councilwoman

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

2.   Motion To:         Motion to approve Ordinance requiring a stop sign at Lyman Street and Padelford Avenue.

COMMENTS - Current Meeting:

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:

PADELFORD AVENUE (westbound traffic) at Smith Street

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

Requested by:  Director of Public Works

RESULT:            APPROVED [UNANIMOUS]

MOVER:           Bruce DiTraglia, Councilman

SECONDER:     Valerie A. Perry, Councilwoman

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

VII.   NEW BUSINESS

A. CITY MANAGERS REPORT

1.   Budget Presentation to Council

The report was accepted for the record, proposed budget books were delivered to Council members. 

2.   Motion To:         Motion to schedule a Public Hearing for the Proposed Budget for the next Council meeting on October 5, 2010.

RESULT:            APPROVED [UNANIMOUS]

MOVER:           Valerie A. Perry, Councilwoman

SECONDER:     Bruce DiTraglia, Councilman

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

B.  REPORTS OF OTHER CITY OFFICIALS

1.   Motion To:         Motion to approve Claims Committee Report.

COMMENTS - Current Meeting:

Pursuant to R.I.G.L. 42-46-5(a)(2), a motion is made by Councilman DiTraglia and seconded by Councilman Cusack 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

          SEPTEMBER 21, 2010; ROOM 101; 7:00 P.M.

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

          NEW CLAIMS

 

CHICO CHILD  $450.00

RM No. 10-052, Claim No. 10-040

 

Claim for reimbursement of expenses incurred for property damage to vehicle that struck a pothole on Roger Williams Avenue.  See recommendation of the Director of Public Works.

 

Motion:  Deny the claim.

 

 

ASHER HILTON         $2323.73

RM No. 10-049, Claim No. 10-038

 

Claim for property damage to claimant’s parked vehicle sustained by a tree branch that had fallen across the roadway.  See recommendation of the Assistant Superintendent of Parks.

 

Motion:  Deny the claim.

 

LINDA RUSCITO        $Unspecified

RM No. 10-051, Claim No. 10-039

 

Claim for personal injuries sustained as a result of a slip and fall on the sidewalk area between 110 & 114 Summit Street.  Recommend referral to the insurance carrier.

 

Motion:  Refer the claim to the insurance carrier.

 

 

PENDING CLAIMS

 

BARRY W. SPADEA    $279.00

RM No. 10-040, Claim No. 10-036

 

Claim for reimbursement of expenses incurred as a result of a sewer block.  The Claims Committee voted at its meeting held on August 17, 2010 to defer the claim and seek confirmation from the Director of Public Works as to ownership of the tree.

 

Motion:  Approve the claim in the amount of $279.00.

 


LITIGATION

 

 

MICHAEL J. DAMIANI VS. CITY OF EAST PROVIDENCE

C.A. NO. 08-4055

 

Settlement Agreement

 

Motion:  Refer the matter to the Law Department for further action.

RESULT:            APPROVED [UNANIMOUS]

MOVER:           Robert E. Cusack, Assistant Mayor

SECONDER:     Bruce DiTraglia, Councilman

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

C.  COUNCIL MEMBERS

1.   EP Budget Update (By Mayor Larisa)

Mayor Larisa gave an update on the state of City regarding the State revenue cuts and the status of negotiations with the Fire Union.

2.   Weeds on Traffic Islands and City Rights of Way.  (By Councilman Cusack)

Councilman Cusack asked the City to please intervene and cut the weeds in on the traffic islands in the Rumford part of the City because the State is not doing its job to the point where there are small trees in the middle of the islands.

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:     Robert E. Cusack, Assistant Mayor

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

2.   Motion To:         RESOLUTION REQUESTING LEGISLATION TO AMEND RIGL § 44-3-3 TO SPECIFICALLY EXEMPT POMHAM ROCKS LIGHTHOUSE FROM TAXATION

COMMENTS - Current Meeting:

RESOLUTION REQUESTING LEGISLATION TO AMEND RIGL  44-3-3 TO SPECIFICALLY EXEMPT POMHAM ROCKS LIGHTHOUSE FROM TAXATION

WHEREAS, the City Council of the City of East Providence requests an amendment to the RIGL  44-3-3 so as to exempt from property taxation the Pomham Rocks Lighthouse, located in the City of East Providence;

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of East Providence hereby unanimously requests that Rhode Island General Assembly amend legislation for property taxation so as:

To exempt from taxation for the 2010 tax year and following, the buildings, personal estate and the land upon which the buildings stand, located on ZZ Pomham Island, currently known as Assessors Map 211, Block 01, Parcel 001.00, which consists of approximately 21,300 square feet and is located approximately 860 feet, more or less, from the shore, and limited exclusively to these said buildings, personal estate and land, provided that said property is owned by a qualified 501(c)(3) organization, such as the American Lighthouse Foundation, and is used exclusively as a lighthouse. 

NOW, THEREFORE, BE IT RESOLVED, that the Senators and Representatives in the General Assembly from the City of East Providence request, introduce, and seek passage of legislation as outlined above.

BE IT FURTHER RESOLVED, that the City Clerk of the City of East Providence send a copy of this Resolution to the Governor, Lieutenant Governor, the President of the Senate, the Speaker of House of Representatives, and each Senator and Representative from the City of East Providence.

RESULT:            APPROVED [UNANIMOUS]

MOVER:           Valerie A. Perry, Councilwoman

SECONDER:     Robert E. Cusack, Assistant Mayor

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

E.  COMMUNICATIONS

Any person who submits a communication to the Council and wishes to speak on it must indicate this in writing by completing a "Docket Request Form"

1.   Motion To:         Vote to approve block party, Holly Ferreira, 56 Washington Avenue (02915) requesting to address the Council regarding a Block Party to be held on October 31, 2010 in honor of a neighbor returning home from Iraq.

COMMENTS - Current Meeting:

Holly Ferreira, 56 Washington Avenue (02915) requesting to address the Council regarding a Block Party to be held on October 31, 2010 in honor of a neighbor returning home from Iraq requesting to address the Council regarding a Block Party to be held on October 31, 2010 in honor of a neighbor, James Buckley, returning home from Iraq.

RESULT:            APPROVED [UNANIMOUS]

MOVER:           Valerie A. Perry, Councilwoman

SECONDER:     Brian Coogan, Councilman

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

2.   Arlene Lewis, 41 C Beacon Park Drive (02915) would like to address the Council regarding budget issues, police issues, security issues and liquor licenses.

Requested that the City look into the various liquor license it grants and the status of some liquor establishments as well as focusing on more small businesses that are family friendly. She is scheduling a meeting with Jeanne Boyle the Director of Planning to discuss.

VIII.  ADJOURNMENT

1.   Councilman DiTraglia requests unanimous consent and it is granted.

To ask about the information received in the Friday packet for health care assistance cards for residents and if that information could be made available to residents. 

2.   Councilman DiTraglia requests unanimous consent and it is granted.

Recognizing the work the Director of Public Works and the Public Works Department has done to complete reports and investigations concerning the flooding in the area of Cedarwood Drive and to let residents know they are looking at the possible solutions and the cost of those solutions. 

3.   Motion To:         Motion to Adjourn at 9:06pm

RESULT:            APPROVED [UNANIMOUS]

MOVER:           Bruce DiTraglia, Councilman

SECONDER:     Robert E. Cusack, Assistant Mayor

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

 

Approved By Council:  October 5, 2010

 

Attest:  _______________

                  City Clerk

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