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| CITY OF EAST PROVIDENCE RHODE ISLAND Council Chambers, 145 Taunton Ave., East Prov., RI 02914 JOURNAL OF REGULAR COUNCIL MEETING September 6, 2011 7:00 P.M. Executive Session 7:30 P.M. Open Session |
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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)
1. Claims and Litigation
C. Frances A. Casavant
D. David Salgueiro
E. Albertino and Zita Milho -
II. Regular Meeting
III. Call to Order
IV. Salute to the Flag
Unanimous Consent is granted to announce the 9/11 Memorial.
A motion is made by Assistant Mayor Rose to close Executive Session and seal the minutes, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous.
V. 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
1. Coastal Resources Management Council Application of Narragansett Bay Commission, One Service Road, 102 Campell Avenue, East Providence, Man-Made Earthen Levee Improvements Project. -
2. Resolution from the City of Cranston Urging the Governor to Openly Bid for Debit Card Services for the State of Rhode Island.
3. Council Journal Executive Session August 15, 2011 -
4. Council Journal Executive Session August 17, 2011 –
5. Abatements -Cancellations / Abatements -
| Year |
| Amount |
| 2008 |
| 100.54 |
| 2009 |
| 8.16 |
| 2011 |
| 5532.93 |
| Total |
| $5641.63 |
B. Licenses
1. F-1 Alcoholic Beverage Anthony Larisa Memorial Ride September 18Th Rain Date October 2nd Ricky Army, 22 Hazelton Road, Barrington RI 02806 -
A motion to approve the Consent Calendar is made by Councilwoman Kleyla, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.
VI. Public Comment
1. Freddy Rybka - Pay As You Throw
2. Christine Patterson - TLA
3. Ken Schneider - TLA
4. Alan Shoar - APIS/CME
5. Bill Martin - CME
6. Kevin Stacom - CME
These comments were deferred to later on the docket.
7. Wesley D. Plante - Filing suit in Superior Court subject to 28 RIDEM AAD Hearing/TLA Pond View, LLC
8. Tom Riley - TLA Pondview "We'll sue money to burn."
A motion is made by Assistant Mayor Rose to suspend the regular order of business and move the presentation portion of item 4 up on the docket, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous.
Alan Shoar - APIS/CME
Bill Martin - CME
Kevin Stacom - CME
Provided a brief presentation and answered the Council's questions.
Both Councilman DiGioia and Councilman Conley thanked the Planning Department for holding the public meetings and providing explanation, information and data on the water table issue in the area.
Mayor Rogers asked for CME to explain to those viewing the meeting the information about the capping of the site.
A motion is made to return to the regular order of business by Assistant Mayor Rose, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous.
VII. Appointments
1. Traffic Control Appointment Louis Vierra, 123 Cardona Street (02916) -Councilwoman Katie Kleyla
A motion to approve is made by Councilwoman Kleyla, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.
VIII. Public Hearings
1. Alcoholic Bev/B FP Vict - B-Full Privilege - Transfer Transfer from Sao Miguel Eateries, Inc. DBA Estrella Do Mar to B. Pinelli, Inc. DBA B. Pinelli’s, 736 North Broadway (02914), William S. Pinelli, 117 Charlotte Drive, Warwick RI 02818 -
A motion to approve is made by Councilwoman Kleyla, seconded by Councilman Conley and on a roll call vote it is unanimous.
2. Show Cause Hearing El Azteca Mexican Restaurant, LLC DBA El Azteca Mexican Restaurant, 335 Newport Avenue (02916), Carmelina Sanchez -
The attorney for El Azteca is Donna Nestlebush. This is their second offence of serving a juvenile in less than a year. On the first offence they received a warning. Sgt. Andrews presents the case. The recommendation is for the maximum fine for a second offence of $1,000 but Sgt. Andrews does not recommend the closure of the business for three days at this time.
A motion by Councilwoman Kleyla to impose a $1,000 fine as recommended by Sgt Andrews, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.
3. Show Cause Hearing Jared Aronson DBA Riverside Kitchen, 467 Willet Avenue (02915) -
Sgt. Andrews presents the case and recommends the minimum $250 fine for a first offence.
Mr. Aaronson testified that the person who was working was a morning employee not TIPS certified as the night person had called in sick. She and another employee have now been TIPS certified.
A motion to approve the $250 first offence fine is made by Councilman DiGioia, seconded by Councilman Conley and on a roll call vote it is unanimous.
4. Advertised August 18, 25 and September 1, 2011
AN ORDINANCE IN AMENDMENT OF CHAPTER 19 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “ZONING”
Requested by: Planning Board
THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:
SECTION I. Section 19-1 entitled “Definitions” of Chapter 19 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, is amended by adding thereto the following:
Large-Scale Ground-Mounted Solar Photovoltaic Facility means a solar photovoltaic system that is structurally mounted on the ground and is not roof-mounted, and has a minimum rated nameplate capacity per panel of 250 kW DC or more.
Rated Nameplate Capacity means the maximum rated output of electric power production of the Photovoltaic system in Direct Current (DC).
Solar Energy Device means the equipment and requisite hardware that provide and are used for collecting, transferring, converting, storing, or using incident solar energy for water heating, space heating, cooling, generating electricity, and off-loading said electricity to the grid, or other applications that would otherwise require the use of a conventional source of energy such as petroleum products, natural gas, manufactured gas, or electricity produced for a nonrenewable resource. Such shall include photovoltaic arrays and installations that utilize ground mounted systems.
SECTION II. Section 19-1 entitled “Definitions” of Chapter 19 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, is amended by amending the following definition:
Open Space means lands primarily undeveloped, including public and semi-public open lands and private development of similar low building intensity. The purposes of this land are to provide park, recreational, historic and scenic areas and the conservation of land and other natural resources. The following uses are considered to be in character with the concepts of this definition: farming; conservation districts; historic areas; hunting preserves; state and local parks; parkways; playfields and playgrounds; reforestation areas and wood lots, reservations, watershed and water supply lands; wildlife refuges and nature centers; day and overnight camps for children; golf and country clubs; institutional uses; seminaries, monasteries and convents; public and private schools; and sportsmen’s clubs; and a large-scale ground-mounted solar photovoltaic facility.
SECTION III. Division 4 entitled “Accessory Uses” of Chapter 19 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, is amended by adding thereto the following:
Sec. 19-176. Purpose - Large Scale Ground Mounted Solar Photovoltaic Facility.
1. The purpose of this section is to promote the development of Large Scale Solar Photovoltaic Facilities (SPF) to promote sustainable renewable energy options through the use of such equipment as solar photovoltaic cells and potentially the use of said facility as an educational opportunity regarding green technology and renewable energy. This section applies to large-scale ground-mounted solar photovoltaic installations proposed to be constructed after the effective date of this section.
2. A Large Scale Solar Photovoltaic Facility shall be a permitted accessory use on portions of the property owned by the City of East Providence, known as the former Forbes Street Landfill, Parcel 001, Block 1, Assessors Map 511, zoned Open Space - 1, subject to review and approval by the Planning Board as a Land Development Project (LDP).
3. The construction and operation of all large scale solar photovoltaic installations shall be reviewed in accordance with the procedures and standards of Article V. Land Development Projects. The land proposed for the SPF is owned by the City of East Providence and an SPF shall not be approved unless the applicant(s) has/have executed a contingent sale (based on an SPF being approved) or an executed long-term lease (ten (10) years or more) for all the property composing the proposed SPF. The Board shall impose any reasonable conditions they find appropriate to improve the site design. The underlying zoning of the site shall stay in effect. In addition, electrical, plumbing and/or building permits from the Building Division shall be required.
4. Pre-Application Conference: The applicant shall have at least one pre-application conference with the Director of the Department of Planning. The Planning Director, as Administrative Officer, may invite the Director of Public Works, City Engineer. Fire Chief, Building Official, Zoning Officer, and any other party deemed to be appropriate to the Pre-Application Review.
Sec. 19-177. General Requirements and Standards.
1. Consistency with the Comprehensive Plan. The proposed Large Scale Solar Photovoltaic Facility shall further the implementation of the City’s adopted Comprehensive Plan and a finding of consistency with said document shall be required.
2. Front, Rear and Side Yard Building Setback Regulations. SPF’s shall meet all required setbacks from all property lines which form the perimeter of the site and any interior access driveways and rights-of-ways shall be platted on the site plan and their material for construction, right-of-way width, and paved width, shall be shown on the required plans.
3. Operation and Maintenance Requirements for the SPF. The property shall be maintained by the owner(s) of the property and/or the operators of in such a way that the property shall be cleared of debris, weeds, trash etc. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. The equipment shall remain in good repair and working order; malfunctioning, equipment in disrepair or inoperable equipment shall be removed from the property immediately and disposed of in accordance with all applicable local, state and federal regulations.
4. Compliance with Laws. The construction and operation of a Ground-Mounted Solar Photovoltaic Facility shall comply with all applicable local, state, and federal requirements, including but not limited to all applicable safety, construction, electrical, and communications requirements. All buildings and fixtures forming part of or associated with a Ground-Mounted Solar Photovoltaic Facility shall be constructed in accordance with the State Building Code.
5. A sign at the Facility shall be required to identify the name of the owner and operator of the Facility and provide a 24-hour emergency contact phone number. The Facility shall not be used for displaying any advertising except for reasonable identification of the operator of the Facility. And any such signs shall meet the City’s zoning regulations.
6. No large-scale solar photovoltaic installation shall be constructed, installed or modified as provided in this section without first obtaining a building permit. This requirement shall not interfere with National Grid requirements on net metering.
Sec. 19-178. Large Scale Ground Mounted Solar Photovoltaic Facility - Standards
(a) The maximum height of a ground mounted solar energy panels shall be fifteen (15) feet. The height of a ground mounted solar energy system shall be measured from the ground level or the base of the system’s pedestal to the highest point of the solar energy system or the base of the system’s pedestal.
(b) Ground mounted solar energy systems shall conform to the yard requirements of the applicable zoning district or be setback a distance equal to the total height of a panel, whichever is greater.
(c) Electrical wiring and connections from the solar energy system to any building(s) they serve shall be underground to the extent compatible with the topography and site conditions, unless the electrical lines must come aboveground at their termination point to connect to the building or utility line receiving the solar-generated electricity.
(d) Electrical, plumbing, and/or building permits from the Building Official, following LDP approval from the Planning Board, shall be required.
(e) Any and all construction shall comply with the yard and height requirements of the Zoning District in which the parcel is located, Open Space - 1.
(f) Parking and Aisle Width Requirements. The applicant shall demonstrate that adequate access, parking, driveway and access aisle widths and circulation are provided for service and emergency vehicles as determined by the Board in consultation with the Fire Chief.
(g) Drainage. Erosion and sedimentation control shall conform to the Rhode Island Department of Environmental Management Stormwater Design Manual and all applicable regulations of the City of East Providence.
(h) Landscaping. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the large-scale ground-mounted
Solar Photovoltaic Field or as otherwise prescribed by applicable laws, regulations, and by-laws.
(i) Reasonable efforts, as determined by the Board, shall be made to place all utility connections from the SPF underground, depending upon appropriate soil conditions, shape, topography of the site, sub-surface conditions, and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider.
(j) Lighting of a Ground-Mounted Solar Photovoltaic Facility shall be consistent with local, state, and federal law. Lighting of other parts of the Facility, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties. Where feasible, lighting of the Facility shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution.
(k) Main Access. At the main entrance to the facility, the property shall be secured from unauthorized access subject to the review and acceptance of the Planning Board and concurrence of the Director of Public Works and the Fire Chief as it relates to the provision of emergency services.
Sec. 19-179. Large-Scale Solar Photovoltaic Land Development Project Review
1. LDP Application Form signed by both the City of East Providence and an authorized representative of the proposed operator(s) of the facility, an executed Ground Lease for the location of the facility on portions of the City’s former Forbes Street landfill, and a description of the financial surety that satisfies Sec. 19 - 280. All plans and maps shall be prepared, stamped and signed by a Professional Engineer licensed to practice in Rhode Island.
2. Site Plan. The applicant shall submit a site plan containing the following information:
(a) The boundaries of the property and the area, including dimensions and square footage of the total installation and number of arrays, showing where the solar arrays are proposed to be installed;
(b) Geotechnical feasibility study relating to possible landfill settlement post-installation;
(c) One or three line electrical diagram detailing the solar photovoltaic installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices;
(d) Location and dimensions of proposed parking areas, roads, and other site improvements;
(e) Existing and proposed grading, clearing and/or placement of vegetation;
(f) Location of existing and proposed electric lines;
(g) Location and perimeters of existing and proposed easements;
(h) Location of all underground utilities, water and sewer lines;
(i) The construction schedule and any phasing schedule for development of the SPF.
(j) The large-scale solar photovoltaic installation owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the city’s fire chief. Upon request the owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the solar photovoltaic installation shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation.
3. Proof of liability insurance.
4. Operation and Maintenance Plan. The applicant shall submit a plan for the operation and maintenance of the Large Scale Solar Photovoltaic Facility:, which shall include measures for maintaining safe access to the facility, stormwater control, as well as general procedures for operational maintenance of the facility. Maintenance shall include, but be not limited to, painting, structural repairs, and integrity of security measures.
5. Additional Materials. The applicant shall submit additional information, reports or other information required by the Planning Board to make an informed decision.
6. Utility Notification. No large scale ground mounted photovoltaic facility shall be constructed until evidence has been given to the Board that the utility company that operates the electrical grid where the facility is to be located has been informed of the Solar Photovoltaic Facility owner or operator’s intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.
Sec. 19-180. Abandonment and Decommissioning
1. Removal Requirements. Any large-scale ground mounted SPF which has reached the end of its useful life or has been abandoned consistent with other provisions of Chapter 19, Zoning shall be removed. The owner or operator shall physically remove the facility no more than 180 days after the date of discontinued operations. The owner or operator shall notify the Board by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:
(a) Physical removal of all large-scale ground-mounted SPF’s, structures, equipment, security barriers and transmission lines from the site.
(b) Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.
(c) Stabilization or re-vegetation of the site as necessary to minimize erosion. The Board may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.
2. Abandonment. Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the SPF shall be considered abandoned when it fails to operate for more than one year without the written consent of the City Council and Planning Board as it relates to the Land Development Project approval. If the owner or operator of the large-scale ground mounted SPF fails to remove the facility in accordance with the requirements of this section within 180 days of abandonment or the proposed date of decommissioning, the City may physically remove the facility.
3. Financial Surety. Applicants proposing to develop large scale ground mounted solar photovoltaic projects shall provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal in the event the City must remove the facility and restore the landscape, in an amount and form determined to be reasonable by the Board (and subject to the review of the City Solicitor), as agreed to and detailed in the site lease agreements. As part of the review for the lease agreements, the applicant shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal costs due to inflation. Such surety will not be required for municipally or State-owned facilities.
SECTION IV. Subsection (a) of Section 19-362 entitled “Uses and activities requiring land development project approval” of Chapter 19 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, is amended by adding thereto the following:
(7) A Large-Scale Ground-Mounted Solar Photovoltaic Field
SECTION V. This ordinance shall take effect upon passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
Diane Feather, Planning Department provided the Council with a description on the ordinance.
A motion to approve is made by Councilman DiGioia, seconded by Councilwoman Kleyla, under discussion:
Councilman Conley thanked the Planning Department and Board for all of the research and review, public participation and the requirement that once an agreement is reached it be approved by the City Council, and a roll call vote the motion to approve is unanimous.
IX. 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. Victualing/Not Over 50 - , Victualing/Over 50 - Vict License Over 50 - Transfer From Sao Miguel Eateries, Inc. DBA Estrella Do Mar to B. Pinelli, Inc. DBA as B. Pinelli’s, 736 North Broadway (02914) -
A motion to approve is made by Councilwoman Kleyla, seconded by Councilman Conley and on a roll call vote it is unanimous.
2. Dance/Entertainment - Entertainment License - Transfer From Sao Miguel Eateries, Inc. DBA Estrella Do Mar to B. Pinelli, Inc. DBA as B. Pinelli’s, 736 North Broadway (02914) -
A motion to approve is made by Councilwoman Kleyla, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.
3. Detective - Private Detective License Stephen J. Enos, 56 Dover Avenue (02914) -
Per Mr. Enos it is requested that the item be deferred until the 9/20/11 Council meeting.
A motion to defer until the 9/20/11 Council meeting is made by Assistant Mayor Rose, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous.
X. New Business
A. Reports of Other City Officials
1. RFQ Water Distribution System by Finance Director Ellen Eggeman -
Director Steve Coutu provided an explanation to Council.
A motion for prequalification is made by Councilwoman Kleyla, seconded by Councilman DiGoia and on a roll call vote it is unanimous.
2. Water Main Cleaning and Lining Project: Phase II Contract Amendment -Director of Public Works Stephen Coutu
Director Steve Coutu provided an explanation to Council.
A motion to approve is made by Councilman Conley, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous.
3. Pay as You Throw by Recycling Coordinator Steve Mutter -
Recycling Coordinator Steve Mutter provided a power point presentation for Council regarding the increase in recycling and the cost savings of moving to a Pay As You Throw program for the City. The City Council had a number of questions regarding the costs to taxpayers and the logistics as well as the dollars savings.
Speaking against the topic of Pay As You Throw:
1. Freddie Rybka
2. Anthony Ferreira
3. Lou Geradis, 30 Linden Street (02915)
4. Tom Riley
A motion is made by Assistant Mayor Rose to defer for further study and debate, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous.
4. Claims Committee Report - Solicitor
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, SEPTEMBER 6, 2011; 7:00 P.M.; ROOM 101
====================================================================
NEW CLAIMS
DANIEL CARR $100,000.00
RM No. 10-093, Claim No. 11-044
Claim for personal injuries sustained during the transportation and arrest of the claimant by the East Providence Police Department. Recommend referral to insurance carrier.
Motion by: Councilman Rose Seconded by: Councilwoman Kleyla
Motion: Refer the claim to the insurance carrier.
FRANCES A. CASAVANT Unspecified
RM No. 11-062, Claim No. 11-045
Claim for personal injuries sustained when the claimant struck a pothole while riding her bicycle in the area of the Newman Avenue bridge. Recommend referral to insurance carrier.
Motion by: Councilman Rose Seconded by: Councilwoman Kleyla
Motion: Refer the claim to the insurance carrier.
DAVID SALGUEIRO $106.92
RM No. 11-053, Claim No. 11-039
Claim for reimbursement of expenses incurred for damage to claimant’s cell phone. See recommendation of the Chief of Police.
Motion by: Councilman DiGioia Seconded by: Councilman Rose
Motion: Deny the claim.
LITIGATION
ALBERTINO & ZITA MILHO
C.A. NO. 08-7620
Settlement
Motion by: Councilman Rose Seconded by: Councilwoman Kleyla
Motion: Refer the matter to the Zoning Officer and Planning Director for review.
A motion to approve the Claims Committee Report is made by Assistant Mayor Rose, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous.
B. Council Members
1. Energy Smart - Mayor Bruce Rogers
Mayor Rogers introduced Priscilla Dellacruz and Amy Babbit from Energy Smart to give a power point presentation.
2. Working Together - Councilwoman Katie Kleyla
Councilwoman Kleyla thanked her colleagues for the progress made with the deficit and the progress we will make with our new City Manager looking forward to the future. In closing she everyone for coming together.
3. Forbes Solar Project Update - Councilman Michael DiGioia
Councilman DiGioia skipped this item as it was discussed earlier on the docket.
4. Waddington Playground Update - Councilman Michael DiGioia
Councilman DiGioia announced Saturday, September 10th is Build Day for the playground beginning at 7:00am at Waddington School. Congratulations to all parents, teachers and neighbors who were able to be awarded this grant to build the playground. Volunteers still needed so please come if you can help.
5. Fines from Show Cause Hearing for Serving to Minors -Mayor Bruce Rogers
A motion to take the fines incurred during Show Cause Hearings for serving alcohol to minors and give them to the East Providence Prevention Coalition to fund further establishment compliance checks is made by Assistant Mayor Rose, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous.
6. Propertyroom.Com - Assistant Mayor Thomas Rose Jr.
Assistant Mayor Rose requests this item be deferred until the 9/20/11 Council Meeting.
7. Forfeiture Money Report - Assistant Mayor Thomas Rose Jr.
Assistant Mayor Rose asked Chief Tavares to come to the podium and asked if there was any new information regarding the forfeiture monies rules and regulations for usage. The Chief stated he has made a booklet available to the City Manager and he has also made a copy for the Finance Director. This booklet details the usages allowed.
8. Geonova Update and Legal Fees to Date - Mayor Bruce Rogers
Assistant Solicitor DiCenso provided a report to Council. Currently there are two separate litigations pending. The first is the defense of a suit by Geonova against the City at current cost $80,000. The second is litigation initiated by the City against the title company seeking for the insurance company to cover the cost of litigation current cost $20,000.
C. Resolutions
1. Advertised: August 18, 25, and September 1, 2011
ABANDONMENT OF ABERDEEN ROAD
WHEREAS, the City Council of the City of East Providence deemed it necessary to abandon Aberdeen Road from Bond Road to approximately 100 feet east of Bond Road as shown on a recorded plat of land entitled “Boyden Heights, East Providence, R.I., surveyed and drawn August 1910 by J.E. Judson, C.E.” and on Tax Assessor’s Map 209, Block 6 and 7 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 September 6, 2011:
It is hereby ORDERED, ADJUDGED, and DECREED that Aberdeen Road from Bond Road to approximately 100 feet east of Bond Road as shown on a recorded plat of land entitled “Boyden Heights, East Providence, R.I., surveyed and drawn August 1910 by J.E. Judson, C.E.” and on Tax Assessor’s Map 209, Block 6 and 7 situated in East Providence, County of Providence, State of Rhode Island, described as follows:
Parcel to be dropped into Map 209, Block 7, Parcel 1
Beginning at a point in the northerly line of Aberdeen Road and the easterly line of Bond Road. Said point being the most southwesterly corner of lot number 287 on that plan entitled “Boyden Heights” as recorded on plat card 134;
Thence proceeding along the arc of a curve to the left, having a central angle of 5°-33’-45”, a radius of 206.50’, a tangent length of 10.03’ a chord having a bearing of S 31°-57’-24” W and a chord length of 20.04, for an arc length of twenty and 5/100 feet (20.05’) bounded northwesterly by Bond Road to a point in the centerline of Aberdeen Road;
Thence proceeding southeasterly with the center-line of Aberdeen Road, along the arc of a curve to the left, having a central angle of 13°-37’-23”, a radius of 395.13’, a tangent length of 47.20’, a chord with a bearing of S 68°-23’-42” E and a chord length of 93.73’, for an arc length of ninety-three and 95/100 feet (93.95’) to a point;
Thence proceeding N 14°-47’-37” E along a line radial to the afore mentioned curve, a distance of twenty and 00/100 feet (20.00’) to a point in the northeasterly line of Aberdeen Road;
Thence proceeding northwesterly along the arc of a curve to the right, having a central angle of 13°-26’- 03”, a radius of 375.13’, a tangent length of 44.18’, and a chord having a bearing of N 68°-29’-22” W and a chord length of 87.755’ for an arc length of eighty-seven and 96/100 feet (87.96’) bounded northeasterly in part by parcel 1 as described in deed book 281 page 99 and in part by parcel four area three as described in deed book 281 page 104, both parcels taken in fee simple absolute, also shown as lot 287 and a portion of lot 286 on said “Boyden Heights” plat, to the point and place of beginning.
The herein described parcel contains 1822.3 square feet more or less, and is shown on the plan entitled “Boyden Heights, East Providence, R.I., surveyed and drawn August 1910 by J.E. Judson, C.E.” in conjunction with International Mapping and Surveying Corp.
Parcel to be dropped into Map 209, Block 6, Parcel 1
Beginning at a point in the southeasterly line of Bond Road and the southwesterly line of Aberdeen Road; said point being the northwesterly corner of lot number 263 as shown on said “Boyden Heights” plat. It is also the most northwesterly corner of parcel 4 area 5 as described in deed book 281 page 106;
Thence proceeding southeasterly along the arc of a curve to the left, having a central angle of 13°-31’-33”, a radius of 415.13’, a tangent length of 49.23’, and a chord having a bearing of S 68°-26’-37” E and a chord length of 97.77, for an arc length of ninety-eight and 00/100 (98.00’) along the southwesterly line of Aberdeen Road bounded southwesterly by lot 263 and a portion of 264 as shown on said “Boyden Heights” plat, further described as said parcel 4 area 5, to a point in the southwesterly line of Aberdeen Road;
Thence proceeding N 14°-47’-37” E along a line radial to the afore mentioned curve, a distance of twenty and 00/100 feet (20.00’) to a point in the centerline of Aberdeen Road;
Thence proceeding northwesterly along the arc of a curve to the right, having an interior angle of 13°-37’-23”, a radius of 395.13’, a tangent length of 47.20’, and a chord having a bearing of N 68°-23’-42” W and a chord length of 93.73, for an arc length of ninety-three and 95/100 feet (93.95’) along the center-line of Aberdeen Road to a point in the southeasterly line of bond Road;
Thence southwesterly along an arc of a curve to the left, having a central angle of 5°-33’-17”, a radius of 206.50, a tangent length of 10.02’, and a chord with a bearing of S 26°-23’-53” W and a chord length of 20.01’, for an arc length of twenty and 02/100 feet (20.02’) bounded northwesterly by Bond Road to the point and place of beginning.
The herein described parcel contains 1922.7 square feet more or less, and is shown on the plan entitled “Boyden Heights, East Providence, R.I., surveyed and drawn August 1910 by J.E. Judson, C.E.” in conjunction with International Mapping and Surveying Corp.
Said abandoned parcels containing 1822.3 and 1922.7 square feet of land and shown on a plan entitled “Boyden Heights, East Providence, R.I., surveyed and drawn August 1910 by J.E. Judson, C.E.” in conjunction with International Mapping and Surveying Corp. and on Tax Assessor’s Map 209, Block 6 and 7 be and are hereby abandoned as a public highway by reason of the fact that Aberdeen Road from Bond Road to approximately 100 feet east of Bond Road as shown on a recorded plat of land entitled “Boyden Heights, East Providence, R.I., surveyed and drawn August 1910 by J.E. Judson, C.E.” situated in East Providence, County of Providence, State of Rhode Island as hereinabove described has ceased to become useful to the public.
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 Aberdeen Road as hereinabove described who is known to reside within this state.
Requested By: The Director of Planning
Director Coutu provided information to the Council regarding the new pumping station and land swap regarding paper streets for the project to go forward.
A motion to approve is made by Councilman Conley, seconded by Councilwoman Kleyla and on a roll call vote it is unanimous.
2. EAST PROVIDENCE SPECIAL WATERFRONT DEVELOPMENT DISTRICT COMMISSION 10 NEW ROAD APPLICATION TO THE US ECONOMIC DEVELOPMENT ADMINISTRATION
WHEREAS, the East Providence City Council seeks to increase the City’s tax base and attract high-wage jobs to the City of East Providence; and
WHEREAS, the East Providence Waterfront Special Development District Commission was created to foster redevelopment of underutilized land and buildings in the City’s Waterfront District; and
WHEREAS, the Waterfront Commission has submitted an application to the US Department of Commerce Economic Development Administration (EDA) Disaster Assistance Opportunity for grant funding to improve 150,000 sf of vacant manufacturing space at 10 New Road; and
WHEREAS, the proceeds from that grant will be used to renovate and modernize the space to bring a manufacturer, Eaton Corporation, to East Providence with more than 200 high-wage manufacturing jobs; and
WHEREAS, the EDA has deemed that the Waterfront Commission’s request merits further consideration for funding in the amount of $ 5 million; and
NOW, THEREFORE, BE IT RESOLVED, the City Council of East Providence does hereby acknowledge its support of the Commission’s efforts and pledge its cooperation as the Waterfront Commission proceeds towards implementation of this critical economic development project.
The Mayor requests the City Clerk read the resolution. The Mayor then states this item is regarding the old Fram property and it is a new company moving into the City.
A motion to approve is made by Councilwoman Kleyla, seconded by Assistant Mayor Rose, under discussion Councilman Conley states that this is a really exciting project and he will support the motion but does request a presentation to Council perhaps at the next meeting to discuss the details and economic benefits of the project as it deserves the attention and it is a late hour, and on a roll call vote it is unanimous.
Prior to the Communications portion the Mayor reads from the rules of decorum and invokes the rule of 5 minutes for communications.
D. Communications
1. Anthony Ferreira, 44 Brightridge Avenue (02914) Requesting to Address the Council Regarding Budget Talks. -
Mr. Ferreira deferred on the Budget Talks and made a request to the Mayor and Director of Recreation Alba Curti to check into the lights at Pierce Field.
2. Freddie Rybka, 9 Cozzens Street (02915) Requesting to Address the Council Regarding Pay as You Throw. -
Mr. Rybka stated that he will not sit back regarding Pay As You Throw and is going to continue with the petition, 112 have signed so far against Pay As You Throw.
3. Thomas Riley, 3620 Pawtucket Avenue (02915) Requesting to Address the Council Regarding, the 8.71% Tax Rate, Lies, More Lies and Statistics. -
Mr. Riley stated that Councilman Conley is playing on words when he combines all the taxes and rates to say that the previous Council raised taxes 8.71%.
XI. Adjournment
A motion to adjourn is made by Councilwoman Kleyla, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.