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CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF SPECIAL COUNCIL MEETING
August 13, 2013
Council Chambers, City Hall, 145 Taunton Avenue, East Providence, RI 02914
6:00PM Executive Session - Claims Room, 101
6:30 P.M. Open Session
Present:
James Briden - Mayor
Thomas Rose - Assistant Mayor
Helder Cunha - Council Ward 2
Tracy Capobianco - Council At-Large
Chrissy Rossi - Council Ward 4
Peter Graczykowski - City Manager
Timothy Chapman –City Solicitor
Kim Casci - City Clerk
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. LITIGATION
1. KENLIN PROPERTIES, LLC AND TLA-PROVIDENCE, Appellants V. CITY OF EAST PROVIDENCE, ZONING BOARD OF REVIEW OF THE CITY OF EAST PROVIDENCE, AND EUGENE SAVEOURY, TONY CUNHA, PIER-MARIE TOLEDO, JOHN BRAGA AND MICHAEL BEAUPARLANT, in their capacities as members of the Zoning Board of Review of the City of East Providence, Defendants; and ATTORNEY GENERAL PETER F. KILMARTIN, Intervenor Defendant
PROVIDENCE SUPERIOR COURT
C.A. NOS. PC-2011-7249 (as consolidated with PC-2011-6540, and PC-2012-0052)
Determination as to Superior Court appeal.
2. OCEAN STATE TOWING & RECOVERY, INC. and STEVEN LADEIRA V. CITY OF EAST PROVIDENCE and THOMAS ROSE JR.
UNITED STATES DISTRICT COURT, DISTRICT OF RHODE ISLAND
C.A. NO. 13-083S
Settlement Agreement
II. CALL TO ORDER
III. SALUTE TO THE FLAG
IV. TO APPROVE THE CONSENT CALENDAR
A. Alcoholic Beverage - Class F-1
Kevin Blankenship, Our Place, 525 N Broadway (02914), Special Olympics of East Providence Fundraiser, August 24, 2013.
Motion___By___2nd___
Capobianco___Cunha___Rossi___Rose___Briden___
V. PUBLIC COMMENT
1. Chris Riding, Gripnail Corp., - 1 Dexter Road
2. Corliss Blanchard – 1 Dexter Road
3. Ken Schneider – Pond View
4. Tim Norton – Pond View
5. Olga Boyd-Brites – Pond View
6. John F. Staniunas, Jr. – Pond View
7. Jo-Ann Durfee – Pond View
VI. NEW BUSINESS
A. 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 Councilwoman Rossi and seconded by Councilwoman Capobianco & Councilman Cunha 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 – Absent, Councilwoman Rossi – Aye, the motion is approved 4-0.
EAST PROVIDENCE CLAIMS COMMITTEE
CLAIMS & LITIGATION REPORT
TUESDAY, AUGUST 13, 2013; 6:00 P.M.; ROOM 101
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LITIGATION
KENLIN PROPERTIES, LLC AND TLA-PROVIDENCE, Appellants V. CITY OF EAST PROVIDENCE, ZONING BOARD OF REVIEW OF THE CITY OF EAST PROVIDENCE, AND EUGENE SAVEOURY, TONY CUNHA, PIER-MARIE TOLEDO, JOHN BRAGA AND MICHAEL BEAUPARLANT, in their capacities as members of the Zoning Board of Review of the City of East Providence, Defendants; and ATTORNEY GENERAL PETER F. KILMARTIN, Intervenor Defendant
PROVIDENCE SUPERIOR COURT
C.A. NOS. PC-2011-7249 (as consolidated with PC-2011-6540 & PC-2012-0052)
Determination as to Supreme Court appeal
Motion by: Councilwoman Capobianco Seconded by: Councilman Cunha
Motion: Defer the matter to August 20, 2013.
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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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| Absent |
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A motion is made by Councilwoman Rossi and seconded by Councilman Rose to not appeal the Superior Court decision. Upon a roll call vote: Mayor Briden – Nay, Councilwoman Capobianco – Aye, Councilman Cunha -Nay, Councilman Rose – Aye, Councilwoman Rossi – Aye, the motion is approved 3-2
A motion is made by Councilman Cunha and seconded by Councilwoman Capobianco to rescind the prior vote not to appeal the Superior Court decision. Upon a roll call vote: Mayor Briden – Aye, Councilwoman Capobianco – Aye, Councilman Cunha -Aye, Councilman Rose – Nay, Councilwoman Rossi – Nay, the motion is approved 3-2.
A motion is made by Councilwoman Capobianco and seconded by Councilman Cunha to defer the matter to August 20, 2013. Upon a roll call vote: Mayor Briden – Aye, Councilwoman Capobianco – Aye, Councilman Cunha -Aye, Councilman Rose – Nay, Councilwoman Rossi – Nay, the motion is approved 3-2
This matter is heard first by the Claims Committee. Councilman Rose recuses with regard to the Ocean State Towing & Recovery, Inc. matter and returns to executive session at 6:15 p.m. to hear the Kenlin Properties, LLC matter.
OCEAN STATE TOWING & RECOVERY, INC. and STEVEN LADEIRA V. CITY OF EAST PROVIDENCE and THOMAS ROSE JR.
UNITED STATES DISTRICT COURT, DISTRICT OF RHODE ISLAND
C.A. NO. 13-083S
Settlement Agreement
Motion by: Councilwoman Rossi Seconded by: Councilman Cunha
Motion: Approve the Settlement Agreement as presented.
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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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| Recused |
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| Absent |
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A motion to approve the Claims Committee Report is made by Councilman Cunha, seconded by Councilwoman Capobianco the motion passed 4-0 with Assistant Mayor Rose recusing.
2. Request to retain Attorney J. William Harsch to assist with any and all legal matters as they relate to Kenlin Properties, LLC, TLA–Providence and 1 Dexter Road and to retain Attorney Lauren E. Jones to assist with the appeal of Kenlin Properties, LLC and TLA-Providence vs. City of East Providence, et al
This item was deferred to the August 20, 2013 Council meeting.
3. Request to retain the Law Offices of Rodio & Ursillo to assist with labor cases and legal matters, as necessary.
A motion to approve is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote it is unanimous.
B. Resolutions
RESOLUTION APPEALING THE KENLIN PROPERTIES, LLC V. CITY OF EAST PROVIDENCE DECISION AND IN SEEKING REVOCATION OF PREVIOUSLY ISSUED 1500 TON PER DAY PERMIT/LICENSE
WHEREAS, the City Council of the City of East Providence is committed to protecting the health, safety, quiet enjoyment, and quality of life of East Providence residents; and
WHEREAS, the City of East Providence is committed to strictly enforcing all applicable laws including the Waterfront District Zoning provisions; and
WHEREAS, the City of East Providence requests that the Rhode Island Department of Environmental Management immediately revoke the previously issued 1500 ton per day permit/license issued to TLA-Providence LLC (One Dexter Road) and
WHEREAS, the City of East Providence shall continue to strongly oppose by way of all necessary legal action, including appeals, and devoting all required resources to ensure that the previously issued 1500 ton per day permit/license issued to TLA-Providence LLC (One Dexter Road) shall not be transferred and is revoked; and
WHEREAS, the City of East Providence shall appeal the decision in the case of Kenlin Properties LLC & TLA Providence LLC vs. City of East Providence and Peter F. Kilmartin, Attorney General for the State of Rhode Island, C.A. No. 11-7249 (as consolidated with PC11-6540 and PC12-0052) to the Rhode Island Supreme Court.
NOW, THEREFORE, BE IT RESOLVED that the City Council affirms its commitment to devote all necessary resources in fulfilling the above-mentioned objectives and enforcing all applicable state and local laws and preserving the health, safety, quiet enjoyment or quality of life of East Providence residents.
NOW, THEREFORE BE IT FURTHER RESOLVED that the City Clerk send a copy of this Resolution to the Governor of the State of Rhode Island, the Lieutenant Governor of the State of Rhode Island, the Director of the Rhode Island Department of Environmental Management, the President of the Rhode Island Senate, the Speaker of the House of Representatives, and the Senators and Representatives from the City of East Providence.
This resolution shall become effective upon its passage.
Requested by: Mayor Briden
A motion to defer the resolution to the August 20, 2013 Council Meeting is made by Councilman Cunha, seconded by Councilwoman Capobianco and on roll call vote the motion passes 3-2 with Assistant Mayor Rose and Councilwoman Rossi voting Nay.
VII. ADJOURNMENT
A motion to adjourn is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote it is unanimous.
Approved By Council: September 3, 2013
Attest: _______________
City Clerk