I.       Executive Session

The City Council of the City of East Providence will meet in Executive Session pursuant to RI General Laws § 42-46-5 (a) (2)

A.      Claims and Litigation

Pursuant to R.I.G.L. § 42-46-5(a)(2)

II.     Regular Meeting

III.    Call to Order

IV.     Invocation

V.      Salute to the Flag

VI. 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

B.      Licenses

VII.   Public Comment

7:36PM Christopher Ontso - TLA/Civility

7:42PM Tom Riley - Intimidation, Strawmen and Lies

VIII.  Appointments

1.   Carousel Commission Alternate Re- Appointment (By Mayor Rogers) Mildred Morris, 419 Dover Avenue (02914)

2.   Zoning Board of Review Re-Appointment (By Councilman DiGioia) Eugene Saveory, 49 Ramsay Street (02915)

IX.     Public Hearings

X.      LICENSES NOT REQUIRING PUBLIC HEARING

All licenses subject to approval(s) from the Chief of Police, Building Inspector, State Division of Taxation and Fire Marshall.

1.   Vict/Not Over 50 (Transfer and Change to Class 2 from Class 3 Samuel J. Abood, DBA Cebas Diner, Inc.) Pazi’s Place, LLC DBA Pazi’s Place, 380 Taunton Avenue (02914), Pamela S. Leite, 420 Chestnut Street, Seekonk, MA 02771

COMMENTS - Current Meeting:

Testifying from Pazi's Place:  Pamela and Daniel Leite, 420 Chestnut Street, Seekonk MA 02771

2.   Alcoholic Bev/B FP Vict Alcoholic Beverage Class B, Dance/Entertainment, Vict/Over 50 - Renewal - Request to Prorate License  Cape Verdean Progressive Center, 329 Grosvenor Avenue (02914)

COMMENTS - Current Meeting:

Cape Verdean Progressive Center, 329 Grosvenor Avenue (02914)

Renewal Request to Prorate Licenses

Testifying for the Cape Verdean Progressive Center:  Elaine Gonsolves, 71 Centre Street, Rumford, RI 02916

The motion reflects extenuating circumstances which allow for the prorating of these licenses, the specialized situation of a fire an act of a force majeure.

. 

XI.     New Business

          Claims Committee Report Assistant Solicitor DiCenso

1.   Motion To:      Claims Report

COMMENTS - Current Meeting:

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

            EAST PROVIDENCE CLAIMS COMMITTEE

            CLAIMS & LITIGATION REPORT

            TUESDAY, JUNE 28, 2011; ROOM 101; 7:00 P.M.

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            NEW CLAIMS

LUCIA DaLOMBA   $329.44

RM No. 11-040, Claim No. 11-029

Claim for reimbursement of expenses incurred as a result of a sewer backup allegedly caused by roots from a City tree entering the sewer lateral.  See recommendation of the Director of Public Works.

Motion by:  Councilman Conley                     Seconded by:  Councilman Rose

Motion:  Approve the claim in the amount of $329.44.

ROLLAND GRANT $643.00

RM No. 10-091, Claim No. 11-030

Claim for reimbursement of expenses incurred as a result of sewer backups that occurred over a six-month period.  See recommendation of the Director of Public Works.

Motion by:  Councilman Conley & Councilwoman Kleyla    Seconded by:  Councilman Rose

Motion:  Approve the claim in the amount of $643.00.

SCOTT WOODWARD         Unspecified

RM No. 11-043, Claim No. 11-031

Claim for personal injuries sustained allegedly as a result of a defective condition within the third base dugout at Pierce (baseball) field.  Recommend referral to the insurance carrier.

Motion by:  Councilman Rose                        Seconded by:  Councilwoman Kleyla

Motion:  Refer the claim to the insurance carrier.

PENDING CLAIMS

FERRUCCI RUSSO P.C. (W. MARK RUSSO, ESQ.)       $6,981.98

RM No. 10-090, Claim No. 11-027

Claim for payment of attorneys’ fees relative to the matter of William and Elaine Carden (Narragansett Pellet Corporation) vs. City, et al for representation of Christopher Mulhearn, a former associate of Ferrucci Russo, who was included as a defendant as a result of actions performed in his capacity as attorney for the City.

Motion by:  Councilwoman Kleyla                 Seconded by:  Councilman Rose

Motion:  Approve the claim in the amount of $5000.00.

A.      Reports of Other City Officials

1.   Amendment to Existing Easement for the Omega Pond Fish Ladder (By Director of Planning Jeanne Boyle)

Construction of the Hunt’s Mills and Turner Reservoir fish ladders began in September 2010 and for the last 9 months the elevation of the Turner Reservoir has been decreased by several feet, security fencing has been installed, coffer dams are in place, and the Hunt’s Mills fish ladder is at 75% completion. The Turner Reservoir fish ladder has been delayed because of difficulty maintaining a dry work area, however construction is expected to resume this summer with an improved coffer dam system. As of June 2011, no major problems have been encountered and the Omega Pond fish ladder is expected to start construction during the fall of 2011.

In preparation of the start of construction of the Omega Pond fish ladder, the Rhode Island Department of Environmental Management (RIDEM) requested a minor modification to the existing temporary easement that was approved by the City Council on May 17, 2011, referenced as book 3257, pages 49-57, see enclosed easement agreement. RIDEM is proposing to amend the easement by increasing the size of the temporary staging area to be used for access and storage of materials from 4.4 acres to 5.3 acres, and add an additional temporary staging area on the north shoreline of Omega Pond, see enclosed “First amendment to easement agreement”.

This request was reviewed by the Planning and Law Departments. It is the opinion of the Planning Department that the request to amend the easement is reasonable considering large cranes and machinery will be needed to construct the fish ladder and the responsibility of the parties are not being proposed to change.

The Planning Department recommends that the City Council approve the amendment.

Enclosures:    Easement Agreement, book 3257, pages 49-57 (existing easement)

                   First Amendment to Easement Agreement (proposed amendment)

COMMENTS - Current Meeting:

Jeanne Boyle came to the podium and provided an explanation of the amendment. 

2.   Right of Way and Facilities Easement

COMMENTS - Current Meeting:

Steve Coutu came to the podium and provided an explanation for the easement requested from Mobil Oil for small in-ground pumping stations at the bottom of Industrial Way. 

3.   Update Village on the Waterfront (By Director of Planning Jeanne Boyle and Interim Chair of the Waterfront Commission William Fazioli)

COMMENTS - Current Meeting:

A power point presentation was provided. 

C.      Council Members

1.   Street Sweeping (By Mayor Rogers)

COMMENTS - Current Meeting:

The Mayor stated he has been receiving a lot of phone calls regarding street sweeping and wanted to let people know to contact the Public Works Department to have the street put on the list at 435-7701.

2.   Consolidation Building Maintenance and Grounds-keeping (By Mayor Rogers)

      Motion To:      Motion to send to the School Committee to allow the start of this consolidation and have it go to City Manager and the Superintendent.

COMMENTS - Current Meeting:

Councilman Conley asked if the School Committee and the Council will both be receiving a report back as to what the new structure of the organization will be along with a fiscal note as to the savings attributable to the new organization.

The Mayor agreed that it was both appropriate and necessary.  

4.   American Flag Day/Day of Portugal Thank You (By Mayor Rogers)

COMMENTS - Current Meeting:

Mayor Rogers read from a list and thanked all those people and businesses who assisted and participated in American Flag Day and Day of Portugal. 

5.   IT Consolidation (By Mayor Rogers)

      Motion To:      Motion to send IT Consolidation to the School Committee to make a similar motion to allow IT consolidation with the School and City and to refer to the City Manager and the Superintendent.

7.   Easy Access for Residents for Debris Dumping Following Major Storm Events (By Assistant Mayor Rose)

COMMENTS - Current Meeting:

Assistant Mayor Rose requested that following storms Forbes Street fill be open for storm debris drop off. 

Motion To:      A motion is made to refer to the Director of Public Works to see if following storms that Forbes Street fill be open for storm debris drop off.

D.      Resolutions

E.       Introduction of Ordinances

1.   No Parking on Summit Street

COMMENTS - Current Meeting:

Director Coutu came to the podium to address the reasoning for the no parking sign for Summit Street. 

Mayor Rogers discussed a community meeting of the neighbors, the Mayor and the police to address this issue and that all the neighbors agreed to this compromise.

F.       Communications

XII.   Adjournment

      Motion To:      Adjourn

Approved By Council:  February 7, 2012

Attest:  ____________

          City Clerk