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CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
April 16, 2013
Council Chambers, City Hall, 145 Taunton Avenue, East Providence, RI 02914
6:45PM Executive Session - Claims Room, 101
Executive Session to Follow Public Meeting, Room 101
7:30 P.M. Open Session
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. New Claims
1. Paul Breault
2. Gregory Carpenter
3. Karen Emmes
4. Johannah Kenney
5. Peter Leddy
6. Gina M. Morris
7. USAA Insurance
B. Litigation
1. Dorcas Henderson vs City of East Providence
2. Kenlin Properties, LLC vs City of East Providence & ZBOR
3. Tabatha Glavin vs City of East Providence
II. CALL TO ORDER
Mayor Briden calls the meeting to order at 8:05PM.
III. SALUTE TO THE FLAG
A Moment of Silence is held in memory of the victims of the Boston Marathon Terrorist Attack.
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.
A. Letters Received
1. City of Newport Resolutions opposing mandatory continuation of an existing teacher, police officer, firefighter or municipal employee collective bargaining agreement and opposing mandatory binding arbitration on monetary matters for school teacher, other school employees and municipal employees.
2. Town of Charlestown Resolutions opposing H5703, the Dry Lands Bill, H5425, S640 and S672 the OWTS Bill, H5393 Municipal Notice Registry, H5340 Binding Teacher Contract Arbitration, S640.
3. Coastal Resources Management Council April 2013 Council.
4. Narragansett Bay Commission Construction, Engineering and Operations Committee Meeting, Personnel Committee Meeting, Joint Long Range Planning and Finance Committee Meeting and Monthly Board Meeting, Tuesday, April 2, 2013.
5. Town of Hopkinton Resolutions opposing Contract Continuation Legislation and Mandatory Binding Arbitration Legislation.
6. Coastal Resources Management Council Simi Monthly Meeting Tuesday April 9, 2013.
7. Coastal Resources Management Council Administrative Procedures Act proposed changes, Red Book Section 210.2 Barriers Island and Spits.
8. Notice of New Property Number, CL White Construction, PO Box 221, Barrington (02806), from 135 Dewey Ave to 142 Dewey Ave, Map 305, Block 10, Parcel 025.00, Zoning R4.
9. Notice of New Property Number, Arnold Walker, 142 Dewey Ave, from 142 Dewey Ave to 146 Dewey Ave, Map 405, Block 03, Parcel 035.00, Zoning R4.
10. Notice of New Property Number, Lori J Minicucci, 144 Dewey Ave, from 144 Dewey Ave to 148 Dewey Ave, Map 405, Block 03, Parcel 037.00, Zoning R4.
11. Notice of New Property Number, David C &
Maria C Cabral 146 Dewey Ave, from 146 Dewey Ave to 150 Dewey Ave, Map 405, Block 03, Parcel 037.10, Zoning R4.
12. Notice of New Property Number, Silver Lining Corp, PO Box 221, Barrington (02806), from 148 150 Dewey Ave to 152 154 Dewey Ave, Map 405, Block 03, Parcel 038.00, Zoning R4.
13. Notice of New Property Number, Barlow, Allen F List Est & Keith Perry 152 Dewey Ave, from 152 Dewey Ave to 156 Dewey Ave, Map 405, Block 03, Parcel 039.00, Zoning R4.
14. Resolution Coventry Town Council in opposition to Mandatory Binding Arbitration Legislation and Mandatory Contract Continuation Legislation.
15. Resolution Town of Jamestown in opposition to Contract Continuation Legislation and Binding Arbitration Legislation.
B. Council Journals
1. Regular Meeting April 2, 2013
A motion to approve the Consent Calendar minus the Council Journal of April 2, 2013 is made by Assistant Rose, seconded Councilman Cunha and on a roll call vote it is unanimous.
Unanimous Consent is granted to move the Communication item regarding the 5K Race/Walk up on the docket.
1. Stacey Messier and Shane Messier, 86 Bay View Avenue (02915) requesting to address the Council a 5K Fun on May 25th at 9:00AM, proceeds to benefit the Townie Project to restore the High School Gymnasium and permission to close the following roads from 9:00AM-9:15AM, Payette Street, Roslyn Avenue and Cotter Street.
Mr. Messier stated that John Carnevale formed the non-profit and developed a medical center in Uganda. He wants to give back to East Providence and came up with the idea for the Townie Project. When it is complete the EPHS will have one of the best gyms in the state. They will redo the floor, paint the mechanical bleachers and there will be fundraising and volunteer work for both the students and faculty. There will be a Bowl-A-Thon on June 2nd. There are 6 people on a team and they are looking for teams. They are trying to get the Council to approve a 5k on May 5th.Sgt Mike Grant from EPPD has already approved the route and they have already spoken with PCD for approval for travel thru their site. 100 percent of proceeds will go to the Townie Project. There are no salaries. Mr. Carnevale has already put in $5,000 of his own money.
A motion to approve the 5K Run/Walk is made by Councilwoman Capobianco, seconded by Councilman Cunha and on a roll call vote it is unanimous.
Unanimous Consent is granted to move Ned Connors presentation for the Odd Fellows Home up on the docket.
V. PROCLAMATIONS AND PRESENTATIONS
A. Presentation on the Odd Fellows Building by Ned Connors, Chair of the East Providence Historic District Commission.
Ned Connors provided a power point presentation on the Odd Fellows Home. In 2009 the East Providence Historic District Commission was established. This is a historic preservation in the City. The City acquired the building due to a default on taxes. It is a remarkable building.
Unanimous Consent is granted to move up Councilwoman Capobianco's item Welcoming Business to the City.
2. Welcome Business to the City (by Councilwoman Capobianco)
Councilwoman Capobianco introduced Financial Transitions Group and presented them with a citation welcoming them to the City.
Unanimous Consent is granted to move the City Solicitor's item regarding piles debris at 1 Dexter Road up on the docket.
2. Piles of debris at 1 Dexter Road (by City Solicitor Timothy Chapman)
City Solicitor Chapman reported on 1 Dexter Road that there was a motion seeking the receiver to compel the cleanup and secure the real property. The hearing date is set for April 24th based on the July 26, 2012 order the court entered compelling the debris piles be removed within 30 days. It's been 264 days since that order with no progress removing the piles. The weather is changing and the RI DEM website states that they continue to negotiate and remove the debris but nothing been done. The Solicitor added that he contacted RI DEM and they called back once and now are playing phone tag. The City is at a loss as to why the piles have not been removed. The property remains unsecured, the fences are mostly unlocked and access to the property continues.
VI. PUBLIC COMMENT
1. Sue Kennedy, 90 Thurston St - Same Sex Marriage
2. Joe Carter, 35 Oak Ave - Same Sex Marriage
3. Chris Young - Same Sex Marriage
4. Ken Schneider, 33 Edward Ave - 1 Dexter Road
5. Tim Norton - 1 Dexter Road
6. JoAnn Durfee - 1 Dexter Road
7. Corliss Blanchard - 1 Dexter Road
8. Peter Oppenheimer - 1 Dexter Road
9. Michael Elias, 3070 Abraham St - Same Sex Marriage
10. Tony Ferreira - Updates
11. David O'Connell - Same Sex Marriage
12. Levi Medina - Food Truck
13. Fred and Virginia Brown - Same Sex Marriage
14. Steve Correira and Deb Cipalone, 9 Nelson St - Same Sex Marriage
15. David Turley - Same Sex Marriage
16. Rev. Eugene Pyszlewski - Same Sex Marriage
17. Tom Riley - Same Sex Marriage
18. Freddy Rybka - Same Sex Marriage
19. Rev John Codega, 60 Turner Ave - Same Sex Marriage Resolution of 4/2/13
20. Elaine Pegnam - Resolution Same Sex Marriage
21. Tom Noverssey - Resolution Same Sex Marriage
22. Sandy Moraissey - Resolution Same Sex Marriage
VII. APPOINTMENTS
A. Conservation Commission Re- Appointment (by Mayor Briden)
James Boyd, 15 Oriole Street (02916)
A motion to approve the appointment is made by Assistant Mayor Rose, seconded by Councilwoman Rossi and on a roll call vote it is unanimous.
B. Soccer Committee (by Councilwoman Rossi)
Karen Doucet 44 Peck Ave (02915)
A motion to approve the appointment is made by Councilwoman Rossi, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.
C. Soccer Committee (by Councilwoman Capobianco)
Steve Sousa, 11 Hazelwood Ave (02914)
A motion to approve the appointment is made by Councilwoman Capobianco, seconded by Councilwoman Rossi and on a roll call vote it is unanimous.
D. Fireworks Committee (by Councilwoman Rossi)
Kim Nunes, 1 Indian Road (02915)
Councilman Cunha asks what purpose does the Fireworks Committee serve?
Councilwoman Rossi states to raise money for fireworks.
Councilman Cunha asks how.
Councilwoman Rossi states hopefully they will have a great plan.
A motion to approve the appointment is made by Councilwoman Rossi, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
VIII. LICENSES NOT REQUIRING PUBLIC HEARING
A. Vict/Not Over 25 - Transfer
From Wayne Hawksley DBA Clockwork Deli & Catering to JD LLC DBA Clockwork Deli, 446 North Broadway (02916), John E Deaton, 17 Morra Way (02916)
The applicant is not present.
A motion is made to defer the item to the May 7, 2013 Council meeting by Councilman Cunha, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
B. Carnival
The Gordon School, 45 Maxfield Avenue (02914), Zehra Rizvi, 111 Upton Avenue Providence (02906)
The applicant states this is an annual fundraising event.
A motion to approve the license is made by Councilwoman Capobianco, seconded by Coucnilwoman Rossi and on a roll call vote it is unanimous.
C. Peddler
Levi Medina DBA Portu-Galo, 22 Berkeley Street (02914)
The applicant is not present.
A motion is made to defer the item to the May 7, 2013 Council meeting by Councilman Cunha, seconded by Councilwoman Rossi and on a roll call vote it is unanimous.
Councilwoman Rossi requests a 5 minute recess.
IX. PUBLIC HEARING - SHOW CAUSE HEARING
Personnel Hearing Board Appointment Status
Manuel Sousa, 1449 South Broadway (02914)
The City Solicitor states that based on a violation of East Providence ordinance 11-27 no member shall also be a member of a local political party. Three letters were sent to Mr. Sousa regarding the issue and they have gone unanswered.
Councilman Cunha stated that the former Solicitor and City Manager Andreoni served as both why?
Solicitor Chapman states that he is merely following through on what the ordinance reads.
Mayor Briden asks if Mr. Sousa ceases to be a member of that political party can he be on the Hearing Board.
Solicitor Chapman states that is correct but that he hasn't heard from him one way or another.
Mayor Briden asks Councilman Cunha if he would like another notice sent.
Solicitor Chapman states he has already sent 3 out the last one was signed certified mail.
Councilman Cunha states he would like another letter sent.
The City Manager states the reason this is of concern is that as a member of the board his participation is crucial to personnel decisions and decisions rendered by that board might be subject to challenge regarding any disciplinary issues. The board can't continue until this is resolved. Step one is the show cause hearing then the City would still have another 2 weeks before a new appointment can be made so by delaying it further would create a difficult situation for the City. There are 3 members on the board and 2 are needed to hold a hearing.
Councilwoman Rossi asked if the City is being held up in hiring.
The City Manager replied that one particular position, the highway superintendent is being held up.
Councilwoman Rossi stated if we can't do City business because he chooses not to respond then it's a problem.
The City Manager added that now that they have been made aware of the situation and knowing the ordinance the City has to take certain actions and can't continue with business as usual.
Solicitor Chapman states that in fairness he had sent letters to the other 2 board members and they both responded.
Councilwoman Rossi states that she doesn't know this person but does have an issue with him being in violation and ignoring the request for appearance. Adding the superintendent of highway is really important and they are very short handed.
Councilman Cunha asks how many vacant positions are currently advertised.
Human Resource Director Waterbury is called to the podium. She states the City has posted for one, currently interviewing for a mechanic and then there are the police recruits and these have to be done within the next week. There is also the Chief's Assistant in the Fire Department.
Councilman Cunha asks if these have been budgeted
The City Manager states they have.
A motion to remove Manuel Sousa from his appointment on the Personnel Hearing Board due to the position he currently holds on the East Providence Democratic City Committee, which is not allowed by City Ordinance is made by Councilwoman Rossi, seconded by Councilwoman Capobianco and on a roll call vote the motion passes 3-2 with Councilman Cunha and Mayor Briden voting Nay.
X. PUBLIC HEARING - ORDINANCES FINAL PASSAGE
1. An ordinance pertaining to sponsor signs for the "Adopt an Island" Program.
AN ORDINANCE IN AMENDMENT OF CHAPTER 13 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “PUBLIC PLACES”
SECTION I. Sec. 13-1 entitled “Where signboards, structures prohibited” of Article I entitled “In General” of Chapter 13 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Public Places” is amended to read as follows:
Sec. 13-1. No structure or signboard shall be constructed or used for outdoor advertising and no outdoor advertising shall be displayed or authorized in or on any property owned or controlled by the city and used for public purposes except for those structures or signboards authorized under the Adopt-an-Island Program.
SECTION II. This ordinance shall take effect upon its second passage and all ordinances or parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Assistant Mayor Rose
A motion to approve the ordinance for final passage is made by, seconded by and on a roll call vote it is unanimous.
2. An ordinance pertaining to sponsor signs for the "Adopt an Island" Program.
AN ORDINANCE IN AMENDMENT OF CHAPTER 19 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “ZONING”
SECTION I. Subsection (a)(6) of Section 19-439 entitled “Permitted signs and general provisions” of Article VII entitled “Signs” of Chapter 19 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, entitled “Zoning” is amended to read as follows:
Sec. 19-439 (a) (6) Adoptees of Adopt-an-Island Program, sponsor signs sold to advertisers, sponsors or boosters of youth sports teams or leagues which are placed within a field, stadium or arena and otherwise meet all applicable sections of city ordinances and regulations.
SECTION II. This ordinance shall take effect upon passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Assistant Mayor Rose
A motion to approve the ordinance for final passage is made by Assistant Mayor Rose, seconded by Councilwoman Rossi and on roll call vote it is unanimous.
3. An ordinance amending firework sales under tents.
AN ORDINANCE IN AMENDMENT OF CHAPTER 8 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “LICENSES AND BUSINESS REGULATIONS”
SECTION I. Article II entitled “Miscellaneous Business and Occupational Licenses and Permits” of Chapter 8 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Licenses and Business Regulations” is amended by deleting therefrom the following:
Sec. 8-40. Fireworks.
A. No person who has a license as a stationary or itinerant solicitor pursuant to Article VII and Article VIII of this chapter shall sell, carry or store fireworks outdoors or inside a temporary structure in the City of East Providence. Those certain fireworks and devices that are exempt from the definitions of display fireworks and aerial consumer fireworks and are permitted to be sold and stored in the State of Rhode Island pursuant to Chapter 11-13 of the General Laws of Rhode Island may be sold or stored by a person who has a license as a stationary or itinerant solicitor pursuant to Article VII and VIII of this chapter, but only inside a permanent structure approved by the Zoning Official and the Fire Marshal and in a manner approved by the Zoning Official and the Fire Marshal.
B. No person who has a permit for door-to-door solicitation pursuant to Article VII of this chapter shall sell fireworks in the City of East Providence.
SECTION II. This ordinance shall take effect upon its second passage and all ordinances or parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Assistant Mayor Rose
Tom Riley, 3620 Pawtucket Avenue - regarding taking the funding from the licenses and putting it towards the expenses for fireworks for the City.
A motion to approve the ordinance for final passage is made by Assistant Mayor Rose, seconded by Councilman Cunha and on roll call vote it is unanimous.
A motion is made to move the Executive Session item up on the docket and to move to Executive Session by Assistant Mayor Rose, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
XI. NEW BUSINESS
A.City Managers Report (by City Manager Peter Graczykowski)
The City Manager made the announcement that the CDBG public hearing has been moved to the May 7, 2013 Council Meeting.
1. Departmental Activity Update
The City Manager states these are provided in the Council's packets as well as on line and asks if there are any questions. There are none.
2. Award of RFP for Real Estate Broker Services
Mayor Briden recuses himself from this item and Assistant Mayor Rose assumes the role of Mayor.
City Solicitor Chapman states that after review of the motion relating to Keller-Williams the 5% offer was not in accordance with East Providence Charter and he is asking the Council to rescind the motion.
Discussion follows regarding the process.
Purchasing Agent Gerry Leach brought to the Solicitor the Charter violation at the previous meeting because only 1 of the 4 sealed bidders were present at the meeting and therefore the one present received preferential treatment. The proposal is to have the City go to all 4 bidders for a last and final offer. All 4 have been contacted, the City will receive the replies and based on that the City will review the offers and bring the results and bid tabulation sheet back to the Council for the next meeting. Council will vote at that time
A motion is made to rescind the previous motion of April 2nd authorizing the award of an RFP for Real Estate Broker Services by Councilman Cunha, seconded by Councilwoman Rossi and on a roll call vote it is unanimous with Mayor Briden recusing.
3. Request for Bid Award for Police Patrol Boat
The City Manager stated that he is looking for the Council to approve the award for EPPD for the 2005 boat which is totally grant funded and the City will negotiate the contract with the bidder. There exists a provision that only if the bid extension is awarded for 6 months for the build caveat extension from FEMA, will the boat be purchased.
A motion to approve the request for bid is made by Assistant Mayor Rose, seconded by Councilwoman Rossi and on a roll call vote it is unanimous.
4. Property Tax Classification Rates
The City Manager reported that the RI General Laws empower the Council to adjust the property rates based on property evaluation as well as which property class will bear the weight of changes and how these changes should be distributed. Information was provided in the Council packet as to the levy now and the recommendation from the Assessor regarding the tangible business property rate which is the 7th highest in the State and not conducive to attracting and retaining businesses. The weight would have to be distributed to the other classes, a 10% reduction in the tangible rate evenly split between residential and commercial or a 33% reduction with the entire portion going to the commercial rate. The Council has one more meeting, May 7th to make any changes before the bills go out and he is requesting information from the Council on whether or not they want to make an adjustment and if so how they would like to see that adjustment made.
5. Donation Check Box for Tax Bills
The City Manager stated that this is an update on an item requested by Assistant Mayor Rose. It was approved in February by Council for a new computer system and if that new system would provide the opportunity to put a donation box on the tax mailing.
Finance Director Moore stated that is was an option.
Assistant Mayor Rose stated that he would like to see middle school sports only listed right now and that it should be geared to people who select to donate middle school sports as long as that is ok with the rest of Council.
Finance Director Moore asked if it is going to be just this one and do you want it on all the bills?
Assistant Mayor Rose stated he would like it on motor vehicle and personal property.
Councilwoman Rossi stated that she doesn't think it would hurt to have on all the bills since it is an option and if someone holds one bill and not others they still have an option on one of their bills.
Finance Director Moore stated that this can be provided and at no additional cost.
6. Police Explorer Program Funding
The City Manager stated the funding proposal program wish list as fully funded is stated in the memo provided to Council. He asked Council how much do they want funded and if they agree with the expense coming out of asset forfeiture funds.
Assistant Mayor Rose stated the original request was for $3,000-$5,000 but what was in the memo was $25,000. He added that he agrees with it coming from forfeiture monies but doesn't want those funds used loosely. He would prefer that the City work towards the necessities only and fund in the $3,500-$5,000 range.
Acting Chief Parella was called to the podium and he stated yes that would be fine.
The City Manager stated that he will revise the final proposal with just the necessities.
7. Earth Day Neighborhood Cleanups
The City Manager stated a press release was sent out that during the month of April those wishing to volunteers for Earth Day cleanups in East Providence on the waterfront and bike path as well as open spaces should contact 435-7701 or 435-7710.
8. EPPC Prescription Drug Take Back Day April 27th
The City Manager announced that on Saturday April 27th from 10am-2pm the EPPD and EPPC are sponsoring a take back of prescription drugs and people should bring unneeded and unused prescriptions in to this drop off.
9. Notice of Mailing to East Providence Homeowner - American Water Resources
The City Manager stated that American Water Resources has a mailing going out to homeowners and it is basically a sales letter for maintenance of sewers and is not associated with the City.
B. Reports of Other City Officials
1. Claims Committee Report (by City Solicitor Timothy Chapman)
Pursuant to R.I.G.L. § 42-46-5(a)(2), a motion is made by Councilman Rose and seconded by Councilwoman Capobianco to convene in closed session for the purposes of discussing claims & litigation. Upon a roll call vote: Mayor Briden – Aye, Councilwoman Capobianco – Aye, Councilman Cunha - Aye, Councilman Rose – Aye, Councilwoman Rossi – Aye, the motion is approved 5-0.
EAST PROVIDENCE CLAIMS COMMITTEE
CLAIMS & LITIGATION REPORT
TUESDAY, APRIL 16, 2013; 6:45 P.M.; ROOM 101
====================================================================
NEW CLAIMS
PAUL BREAULT $626.95
RM No. 13-012, Claim No. 13-007
Claim for reimbursement of expenses incurred for damages to vehicle sustained as a result of the snow/ice condition on Larchmere Drive. See recommendation of the Director of Public Works.
Motion by: Councilman Rose Seconded by: Councilwoman Capobianco
Motion: Deny the claim.
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VOTE | MAYOR BRIDEN | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CUNHA | COUNCILMAN ROSE | COUNCILWOMAN ROSSI |
| Aye | √ | √ | √ | √ | √ |
| Nay |
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| Abstain |
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| Absent |
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GREGORY CARPENTER $403.65
RM No. 13-017, Claim No. 13-013
Claim for reimbursement of expenses incurred for damages to vehicle sustained as a result of striking a pothole on Hospital Road. See recommendation of the Director of Public Works.
Motion by: Councilwoman Rossi Seconded by: Councilman Cunha
Motion: Deny the claim.
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VOTE | MAYOR BRIDEN | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CUNHA | COUNCILMAN ROSE | COUNCILWOMAN ROSSI |
| Aye | √ | √ | √ | √ | √ |
| Nay |
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| Abstain |
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| Absent |
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KAREN EMMES $84.91
RM No. 13-014, Claim No. 13-010
Claim for property damage sustained to vehicle as a result of striking a pothole on the City maintained portion of Pawtucket Avenue. See recommendation of the Director of Public Works.
Motion by: Councilwoman Rossi Seconded by: Councilman Rose
Motion: Deny the claim.
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VOTE | MAYOR BRIDEN | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CUNHA | COUNCILMAN ROSE | COUNCILWOMAN ROSSI |
| Aye | √ | √ | √ | √ | √ |
| Nay |
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| Abstain |
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| Absent |
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JOHANNAH KENNEY $2291.23
RM No. 13-015, Claim No. 13-011
Claim for reimbursement of expenses incurred for damages to vehicle sustained as a result of striking a pothole at Evergreen Drive and Jordan Street. See recommendation of the Director of Public Works.
Motion by: Councilwoman Rossi Seconded by: Councilwoman Capobianco
Motion: Deny the claim.
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VOTE | MAYOR BRIDEN | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CUNHA | COUNCILMAN ROSE | COUNCILWOMAN ROSSI |
| Aye | √ | √ | √ | √ | √ |
| Nay |
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| Abstain |
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| Absent |
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PETER LEDDY $127.44
RM No. 13-013, Claim No. 13-008
Claim for reimbursement of expenses incurred as a result of claimant’s vehicle striking a pothole on Forbes Street. See recommendation of the Director of Public Works.
Motion by: Councilwoman Rossi Seconded by: Councilwoman Capobianco
Motion: Approve the claim in the amount of $127.44.
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VOTE | MAYOR BRIDEN | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CUNHA | COUNCILMAN ROSE | COUNCILWOMAN ROSSI |
| Aye | √ | √ | √ | √ | √ |
| Nay |
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| Abstain |
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| Absent |
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GINA M. MORRIS $3161.95
RM No. 13-019, Claim No. 13-015
Claim for property damage sustained as a result of claimant’s vehicle striking a pothole. Recommend referral to insurance carrier.
Motion by: Councilwoman Rossi Seconded by: Councilwoman Capobianco
Motion: Refer the claim to the insurance carrier.
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VOTE | MAYOR BRIDEN | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CUNHA | COUNCILMAN ROSE | COUNCILWOMAN ROSSI |
| Aye | √ | √ | √ | √ | √ |
| Nay |
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| Abstain |
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| Absent |
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USAA INSURANCE $4689.07
(INSURED: CARL CARLSON)
RM No. 12-062, Claim No. 13-012
Claim for property damage sustained to insured’s vehicle as a result of an accident with a City vehicle. Recommend referral to the insurance carrier.
Motion by: Councilwoman Rossi Seconded by: Councilman Rose
Motion: Refer the claim to the insurance carrier.
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VOTE | MAYOR BRIDEN | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CUNHA | COUNCILMAN ROSE | COUNCILWOMAN ROSSI |
| Aye | √ | √ | √ | √ | √ |
| Nay |
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| Abstain |
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| Absent |
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LITIGATION
TABATHA GLAVIN VS. CITY
C.A. NO. 11-6762
Status Report
Motion by: Councilman Rose Seconded by: Councilwoman Capobianco
Motion: Defer the matter to May 21, 2013.
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VOTE | MAYOR BRIDEN | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CUNHA | COUNCILMAN ROSE | COUNCILWOMAN ROSSI |
| Aye | √ | √ | √ | √ | √ |
| Nay |
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| Abstain |
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| Absent |
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KENLIN PROPERTIES, LLC VS. CITY & ZBOR
C.A. NO. 11-7249
Status Report
Motion: No vote taken.
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VOTE | MAYOR BRIDEN | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CUNHA | COUNCILMAN ROSE | COUNCILWOMAN ROSSI |
| Aye |
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| Nay |
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| Abstain |
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DORCAS HENDERSON VS. CITY
C.A. NO. 09-1670
Settlement Agreement
Motion by: Councilwoman Rossi Seconded by: Councilman Rose
Motion: Approve settlement agreement.
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VOTE | MAYOR BRIDEN | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CUNHA | COUNCILMAN ROSE | COUNCILWOMAN ROSSI |
| Aye | √ | √ | √ | √ | √ |
| Nay |
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| Abstain |
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| Absent |
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A motion to approve the Claims Committee Report is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote it is unanimous.
C. Council Members
1. New carousel on City of East Providence website. (by Mayor Briden)
The Mayor deferred this item to the May 7, 2013 Council Meeting.
3. Angled Parking Option for Bullocks Point Avenue (by Councilwoman Rossi)
Councilwoman Rossi asked the City Manager to ask the Department of Public Works to perform a traffic study.
E. Communications
2. Joseph Botelho, 82 Plymouth Road (02914) requesting to address the Council regarding irregular property revaluation results.
Mr. Botelho stated that his property value is higher than the old assessment. That property values in East Providence dropped 17-18% in last few years and sales in 2012 ran at about 82% of assessed values since 2009. Back in 2006 he went through the appeal process and it was adjusted as there was a mistake then and again in 2009. A number of people who live on the street came to see him and the values ranged all over the place, some increased and others decreased. In preparation of coming before the Council he went up and down the street and looked at old and new values and nothing had changed on the street but some were assessed 21% down while others were assessed a 2.5% increase and every range in between. It doesn't make any sense. Some people on the street will have a 17% increase on while others get a 6% decrease and the houses are exactly the same as they were 6 years ago.
Assistant Mayor Rose stated that according to the documents presented for Plymouth Ave there appears to be a wide variation on here and not much has changed.
Councilwoman Rossi stated that it doesn't make sense to her why this would be.
Mr. Botelho stated that either the process is flawed or it's an effort by the City to get more taxes.
The City Manager asked Mr. Botelho to contact the City Assessor to look into the situation.
3. Freddie Rybka, 9 Cozzens Avenue (02915) requesting to address the Council regarding roads/streets conditions/updates.
Director Coutu was called to the podium. He stated that RIDOT scheduled the bridge for summer this year and according to the State it should be completed by the end of August. Once that ramp is done then they will move on to the next one which is Sutton and Goldsmith which is proposed to be over-laid as part of water the main improvement work.
4. Kara Russo Young, 4 Angell Road, Galilee (02882) requesting to address the Council regarding the presentation of signatures of hundreds of East Providence residents regarding the repeal of "a resolution in support of Senate Bill S38 and House Bill 5015 Substitute A relating to Domestic Relations - persons eligible to marry".
Ms. Russo spoke stating that there were many supporters in attendence earlier but due to the late hour they have left and that she felt she was placed last on the docket. She added that she collected hundreds of signatures to present tonight.
They were collected very quickly this past weekend and if they were to continue to collect they could get thousands more. Adding these are East Providence residents St Martha's, Our Lady of Loretto, Sacred Heart, and St Francis Xavier and that 49% of East Providence citizens are Catholic and they do vote and are outraged. In closing, Ms. Russo stated that this is an affront to their religious freedom it effects schools and children and is a slippery slope toward polygamy.
XII. 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)(1)
A. City Manager Job Performance Review and Employment Agreement
XIII. ADJOURNMENT
A motion to adjourn at 1:05AM is made by Assistant Mayor Rose, seconded by Councilwoman Rossi and on a roll call vote it is unanimous.
Approved By Council: May 7, 2013