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CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
July 16, 2013
Council Chambers, City Hall, 145 Taunton Avenue, East Providence, RI 02914
7:00PM Executive Session - Claims Room, 101
7:30 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
Gregory Dias – Assistant 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. New Claims
1. Susan Higgins
2. Jose M. Lemos
3. Phillip Nosal
4. Lisa Walker
B. Claims for Reconsideration
1. Julie Bailey
II. CALL TO ORDER
III. SALUTE TO THE FLAG
IV. TO APPROVE THE CONSENT CALENDAR
A. Letters Received
1. Resolution Foster Town Council supporting the proposed Municipal Road and Bridge Revolving Fund.
2. Resolution Charlestown Town Council in opposition to H6167 limiting local control of subdivision review.
3. Coastal Resources Management Council Public Hearing July 17, 2013 regarding Ocean Special Area Management Plan amendments and Management Procedures.
4. Coastal Resources Management Council Public Hearing July 17, 2013 regarding Salt Pond Region Special Area Management Plan Experimnetal Coastal Erosion Control.
5. Coastal Resources Management Council Public Hearing July 25, 2013 regarding RI Coastal Resources Management Program maps of water use categories.
6. Coastal Resources Management Council July 2013 Calendar.
7. Coastal Resources Management Council Pubic Notice for Kettle Point Project.
8. Coastal Resource Management Council Semi Monthly Meeting Full Council Wednesday, July 17, 2013 6:00PM.
9. Coastal Resource Management Council Amended July 2013 Calendar.
B. Cancellation/Abatements
| Year | |
| 2009 | $77.91 |
| 2010 | $109.07 |
| 2013 | $73,295.27 |
| Total | $73,482.25 |
C. Council Journals
1. Regular Council Meeting June 4, 2013
2. Regular Council Meeting June 18, 2013
City Assessor Steve Hazard is called to the podium and explains abatements will be coming up regularly mostly auto though there will be some real estate.
Councilwoman Rossi asked if there is enough money to fund abatements.
The Assessor responds yes that there is a certain amount built into the budget each year and at this point they are not close to that limit.
A motion is made to approve the Consent Calendar but remove items B, C and D by Councilwoman Capobianco, seconded by Councilman Cunha and on a roll call vote it is unanimous.
A motion by Councilwoman Rossi to approve item B, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous with Assistant Mayor Rose recusing.
***THESE ITEMS ARE NOT UNDER THE CONSENT CALENDAR:
Note the below abatements were removed by Councilmember ...at the June 18th Council Meeting and shall be voted on separately.
C. Cancellation/Abatements - Board of Review
| Year | |
| 2012 | $125,219.27 |
| Total | $125,219.27 |
A motion by Councilwoman Capobianco to approve item C, seconded by Councilwoman Rossi and on a roll call vote it is unanimous with Assistant Mayor Rose recusing.
D. Cancellation/Abatements
| Year | |
| 2012 | $3,498.38 |
| 2013 | $50,578.43 |
| Total | $54,076.81 |
A motion by Councilman Cunha to approve item D, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous with Assistant Mayor Rose recusing.
V. PUBLIC COMMENT
1. John Butler – City Council/School Committee Joint Session regarding the High School
2. Lance Chappell EP Alumni RI Taxpayers – City Council School Committee Joint Session rehabbing the High School
3. Christine A. Rossi – State Police Investigation
4. John Rossi – State Police Investigation
5. Freddy Rybka – East Buffet
6. Daniel Converse – Teen Drinking
7. Dennis Roy – EBCAP Property Taxes
8. Margaret Dooley – Roger Williams Ave Issue/complaints Pond View
9. Corliss Blanchard – Roger Williams Ave Issues
10. Brian Coogan – Parking Taunton Avenue
11. Chris Smith – Parking Taunton Avenue
12. Tony Avila – Parking Taunton Avenue
13. Kevin Collins – Parking Taunton Avenue
14. Michelle Bailey – Parking Taunton Avenue
15. Nelson Almeida, Selectman from Seekonk, MA - Repeat Liquor Offenders Selling to Minors
16. Savitree Vasco – License
17. Diana Thummault – License
18. Ambish Patel – Licensing
19. Tony Ferreira – Schools
20. Julie Nary – Block Party
VI. APPONTMENTS
A. Traffic Control (by Councilwoman Rossi)
Gene Saveory, 41 Scott Drive (02915)
A motion to approve the appointment is made by Councilwoman Rossi, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
B. Zoning Board of Review (Re-appointment) (by Councilman Cunha)
John Braga, 45 Mary Avenue (02914)
A motion to approve the appointment is made by Councilman Cunha, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.
C. Personnel Hearing Board (by Councilman Cunha)
Edward Silva, 69 Colony Road (02915)
A motion to approve the appointment is made by Councilman Cunha, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.
D. Economic Development Commission (by Mayor Briden)
Christopher William Hughes, 120 Howland Avenue (02914)
A motion to approve the appointment is made by Assistant Mayor Rose, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
VII. LICENSES REQUIRING PUBLIC HEARING
Licenses are granted subject to all required approvals from State and City departments.
A. B-Full Privilege Victualer (Stock Transfer)
Ban Chang, Inc. DBA Siam Square Restaurant, 1050 Willett Avenue (02915), Diana Thummasit, 26 Frederick Street, Providence (02909)
A motion to approve the license is made by Councilwoman Capobianco, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.
VIII. LICENSES NOT REQUIRING PUBLIC HEARING
Licenses are granted subject to all required approvals from State and City departments.
A. Vict/Not Over 25 (Transfer)
Camelia of Istanbul Restaurant LLC DBA Camelia of Istanbul Restaurant, 92 Waterman Avenue (02914), Tuncay Gunasti, 178 Lonsdale Main Street, Linoln (02865)
Attorney Dave DePalmer speaks, representing both leaser and leasee regarding the transfer.
A motion to approve the license is made by Councilwoman Capobianco, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.
IX. PUBLIC HEARING - SHOW CAUSE HEARINGS
(Council sitting as Licensing Commissioners)
A. Cozy Corporation DBA Brookfield Liqours, 470 North Broadway (029 14) Mruga Patel.
Sgt. John Andrews testifies on behalf of EPPD.
Mruga Patel, 30 Escalade Avenue, Attleboro, MA testifies.
Sgt. John Andrews testifies for the EPPD. On 2/16/13 two 17 year old males purchased a 6 pack of bud light. No ID was asked for. In Municipal Court the server pled guilty. The police report was submitted for the record to Council at the previous Council meeting.
Mr. Mruga Patel testifies and states the person who served had 18 years experience. It was an honest mistake. The owner was not there at closing time on this day. They have had training for 5-6 years. The owner is trained.
Sgt Andrews states that this was said the last time on 9/8/11 one and half years ago when they served two 17 year olds too. He states that EPPD recommends the maximum fine for serving to a minor, second offense, $1000.
Mayor Briden asks if it can be up to a 3 day closure as well since that is what the law states.
Sgt Andrews states that is correct.
Assistant Mayor Rose states this is more serious than just coming here and being in and out and paying a fee and then going on their way. We need to look further into this program with the EPPC and come up with something more effective because here we are 2 and 3 offenses in. We need to look into what other cities and towns are doing, like Seekonk and the selectman who was here earlier tonight speaking under public comment. We want to be business friendly but we can't have these violations.
Councilwoman Capobianco agreed that the punishment should be tougher but at this time it as though the maximum is $1000 fine and a 3 day closure.
A motion to approve the penalty as a $1000 fine and a three day closure this week on Thursday, Friday and Saturday 7/18,7/19 and 7/20 as recommended by the EPPD is made by Councilwoman Capobianco, seconded by Councilman Cunha and on a roll call vote it is unanimous.
B. Comedy Connection of RI, Inc. DBA Comedy Connection, 39 Warren Avenue (02914) Bill Blumenreich.
Sgt. John Andrews testifies on behalf of EPPD.
Corey Brelsford, 39 Warren Avenue (02914) testifies.
Sgt Andrews testifies that on March 30, 2013 at 7:15 pm a 19 year old female and male were served 2 bud lights and were never asked for ID. The waitress admitted at the time and pled guilty in Municipal Court and received a fine and court costs. The Comedy Connections’ first offense was on 9/9/11 which is less than 2 years ago. The maximum fine is $500 and up to a 3 day closure.
Mr. Corey Brelsford testifies that they had moved the IDing to the door to avoid this issue and whether the person was drinking or not there was a stamp applied for all those over 21. Unfortunately, the door person did not check the ID or did not stamp and they received a second violation. They have had all staff re-certified and have now purchased the Linear Two Pro Scanner which costs $1000 and it scans all IDs in every state including government IDs. This device will alert if an ID is fake with the scanning they will be able to make sure this does not happen again.
A motion to approve the penalty as recommended by the EPPD a $1000 fine, is made by Councilman Cunha, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
C. EB Dragon, LLC DBA East Buffet Restaurant, 52 Narragansett Park Drive (02916) Wendy Lin.
Sgt. John Andrews testifies on behalf of EPPD.
Robert Lin and Wendy Lin, 52 Narragansett Park Drive (02916) both testied.
Sgt Andrews stated that on January 28, 2013 a 17 year old male and 18 year old female sat down at a table and the waitress served them a bud light and corona without checking ID. This is the 3rd time in two and a half years that an underage 17 year old served in this restaurant, the dates were 6/17/11 and 9/8/11. The server plead guilty in Municipal Court and received the maximum fine of $200 and $75 in court costs. The EPPD recommends the maximum $1000 fine and some sort of revocation or suspension for a good amount of time of their liquor license.
Mr. Robert Lin states that since the January 28th incident new policy has been put in place. They take the responsibility very seriously. Most of the staff is tips certified in less than one month when they start working. The server was new and did not have one month experience yet. Since the incident they have required all servers to have tips card on hand and be knowledgeable. They would like to adopt the scan system as well to make sure all IDs are valid.
Ms. Wendy Lin testified she would like to note that as a mother of two children she doesn't want this to happen. They have been in business for over 12 years they do not wish to serve underage kids. The server made a mistake but this is not what we want.
Mayor Briden asked why is it that she was not certified?
Ms. Lin stated that she was not on the job a month yet that they give them a one month trial in hiring policies adding they try to provide the best service possible. Unfortunately, having tips certification was not a requirement now when they hire they do not have them serve alcohol until certified. There are 10 servers on a busy night and 8 servers normally. Of the staff, 6-8 of the servers are certified.
Assistant Mayor Rose called Jen Wall from EPPC to the podium to clarify the tips certification.
Ms. Wall stated that in East Providence they are allowed a 45 day period to become certified as stated in the state law.
Assistant Mayor Rose stated we are business friendly but at this time he recommends the maximum amount of fine and a minimum of a 30 day suspension of the liquor license.
Councilwoman Capobianco states that with two violations so close together she agrees with the fine but requests a 6 month liquor license suspension.
Assistant Solicitor Dias states the law reads $1000 per count and up to a 14 day closure or revocation of liquor license.
Mayor Briden states that he is concerned regarding an appeal to the liquor control board and perhaps what Council can do is extend the suspension to a date and then review again.
Assistant Mayor Rose states there is no other business with this many violations in such a short period of time.
Assistant Solicitor Dias states that a revocation for any amount of time could be considered a suspension.
A motion to approve the penalty as recommended by the EPPD, of a $1000 fine and liquor license suspension from this date until December 1, 2013 with a one day full restaurant closure on Friday, July 19, 2013 is made by Councilwoman Capobianco, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.
X. PUBLIC HEARING
A. Proposed CDBG Budget 2013-2014
David Bachrach from Community Development is called to the podium to explain where the City is in the process and to answer any questions. The Council will take the vote on the budget for CDBG tonight then the 30 day comment period will be completed this Friday. This is the last meeting available to vote on the budge the August meeting would be after the deadline. He asked the Council to approve the budget as presented on June 18th contingent to any significant public comments which are not expected, if that occurred then this would have to be brought back to Council.
A Motion is made to approve the CDBG 2013-2014 budget as presented during the Public Hearing on June 18th during the City Council meeting contingent on not receiving any significant public comments by the end of the comment period on July 19th at 4:00 p.m., by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote it is unanimous.
Mayor Briden asks for unanimous consent to move up Item #7 under Communications, block party request, unanimous consent is granted.
7. Dean Ventre and Roger Morrell, 16 Outlook Avenue (02914) requesting to address the Council regarding the 7th Annual Neighborhood Block Party, August 17, 2013 from 4PM-11PM blocking off Outlook Avenue from Hawthorne Avenue to Brightridge Avenue.
A motion to approve the block party is made by Councilwoman Rossi, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.
XI. NEW BUSINESS
A. City Managers Report (by City Manager Peter Graczykowski)
The City Manager requests to speak on item #3 first.
3. Implementation of Automated Recycling Collection
The City Manager states that Steve Mutter who is the retired City Recycling Coordinator is present to launch the new automated recycling process. This is a regional bid between Pawtucket, East Providence and Central Falls with MEGA or MTG the City’s current vendor for refuse disposal.
The weekly refuse collection will continue as scheduled however the recycling pick up will switch to every two weeks and will be automated. Large bins will be distributed to East Providence residents. These bins can collect much more recyclable items. This contract will generate $1.6 million in savings over the previous contract.
Mr. Mutter speaks and states he is currently working with MEGA to implement the program. Four new mechanical vehicles have been purchased. There are drivers and an automated truck arm which picks up the new barrels. It is cleaner and easier for residents. All recyclables can go in same container there is no sorting and there will be less broken containers and less city expense.
On August 13th the new receptacles will begin to be distributed. The contractor will bring one to every house or one to each unit. They have a bar code and an electronic chip located to a particular resident. Public Works will be distributing flyers which will be going into water bills going out to residents in August. They will receive a brochure which explains the program. Residents should not put out the new bins until September 9th. Until then use the regular recycling bins. This will save the City $288,000 in the first year of a 5 year contract and $1.6 million at the end of the 5 year contract. Residents are instructed to place the new bin as close to the curb line as possible, wires have to be at least 13 feet off the ground by regulation so the trucks will clear the wires and dead ends are not a problem, one way streets are not a problem. The trucks collect form the right hand side only but have a waiver to go down one way streets early in morning when there is no traffic or kids. The trucks have flashers and lights and are well lit. Old bins can be dropped off to Public Works or residents can keep them for other uses.
Councilman Cunha asks what if someone parks in front of the bins and they are missed?
There are two people per truck and they put a violation and sidewalk chalk if the area is not compatible including an arrow to where the bin should be placed.
It is the hope that in a couple of years they can add new rubbish collection bins done the same way. If trash is missed there is a direct link from the City website to MTG and if not collected click on that link and email to the office and they will come back, they are open 7-12 on Saturdays. Yard waste is still collected weekly.
1. Department Activity Report
2. EPBC Personnel Activity Report
4. EP Businesses Encouraged to Participate in Trash Your Office Day
trach office day july 30 w ep chamber and public works 9ama-3pm any computer equi p or broken office equip no cost to pw highway dept for recycling
5. Sale of Surplus Property (former Rumford Library)
1392 Pawtucket Avenue Map 504, Block 09, Parcel 001
The City Manager reports that the old library building will be converted to single family home. This is the highest offer and the Planning Department reviewed the bids and recommended this bid to be accepted. Pat Hanner from the Planning Department is present to answer questions. This is a 1905 building and a historic structure. The sculpture of Count Rumford will be accepted by the East Providence Historic Society and brought to Hunts Mills.
Someone is present who also made offer on the property this offer is number 2 in the package. The woman is present and her name is Nancy Laurienzo and she requests to speak. Her submission is for a design office/library the floor plan indicates 4 small offices and a library. Everything would stay as is no changes to the historic structure. This offer is $10,000 less but brings business to city not children to the schools.
Peter Barilla comes to the podium and states that he lives across from the library and speaks for the neighbors who are concerned with who is buying the property and what they would be doing there. The neighbors ask that the deed be stipulated what it will be so that later the purchaser can’t turn around and sell to someone else who will put something that is non-residential.
Mayor Brinden asks Pat Hanner what this is zoned for.
Pat states residential zone R3.
The City Manager states the Council may award other bids or reject this recommendation and re-advertise. This was recommended not only because it was the highest but it also comports with use in area and doesn't require a zoning change.
Councilwoman Capobianco asks the other bidder, Nancy Laurienzo how much traffic she would anticipate if she opened a design center.
Ms. Laurienzo states there are only 4 offices so it would definitely be less than the previous library.
Mayor Briden states that it is difficult enough for residents in that area with Pawtucket Avenue in a residential area and a good way to analyze this would be to look at the purposes in the zoning ordinances for a residential area, the purpose is to make them compatible. The deed restriction of the second bidder would have had to go to the Zoning Board.
Director Boyle states the deed can have the restriction added to maintain as a single family in perpetuity. It would be 10 years before they could potentially petition the Zoning Board. Council would have no control over the petition.
The City Manager states the bidders are present and he calls Rita Danielle Steel of 919 Bullcoks Point Avenue, Riverside to the podium. She states she would occupy the library as a one family home and accepts the deed restriction.
A motion to approve is made by Assistant Mayor Rose, with the additional wording and approval of the purchaser who is present and agrees that this would remain a single family dwelling, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
6. FY14 Budget Timeline
The City Manager states in the Council packet they have been provided with a timeline for the budget. The preparation starts with worksheets sent to department heads on July 19th and these due back August 9th. They are forwarded to the City Manager on August 16th then to council on September 17th. The information will be provided to Council as soon as possible so Council can have full input.
Councilwoman Rossi requests a 5 minute recess.
7. FY12 Annual Audit Report
The Audit Report will be forwarded on July 31st this year.
8. Homestead Exemption Audit - Penalty Phase
There is a memo which explains where the audit ID'd those not eligible but yet were still receiving the exemption. The City has budgeted $200,000 in savings. They can appeal the denial until October 1st 2013. The next phase of audit is a penalty phase, if they were receiving the exemption and not entitled they will owe the money back to the City with interest. The final phase involves looking back 6 years and if a person did not deserve to receive the exemption for those years they owe money back plus interest. The notification is provided and if not paid the property will be leaned for that amount.
9. Legislative Update
The law that would have put an AFO in East Providence will change most likely this week. The General Assembly passed an amendment which creates a fiscal advisor role instead. This is a much more limited position which answers to the Director of Revenue the salary cost is a 50% share between the City and the State. This is a budgetary position only and not in the organizational chart and has no powers over existing staff.
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 Rossi 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, JULY 16, 2013; 7:00 P.M.; ROOM 101
====================================================================
NEW CLAIMS
SUSAN HIGGINS $186.42
RM No. 13-048, Claim No. 13-037
Claim for property damage to vehicle sustained as a result of 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 $186.42.
JOSE M. LEMOS $225.00
RM No. 13-053, Claim No. 13-040
Claim for reimbursement of expenses incurred as a result of a sewer backup. See recommendation of the Director of Public Works.
Motion by: Councilwoman Rossi Seconded by: Councilman Rose
Motion: Approve the claim in the amount of $225.00.
PHILLIP NOSAL Unspecified
RM No. 13-049, Claim No. 13-038
Claim for personal injuries sustained when the claimant was riding his bicycle on a sidewalk on Bullocks Point Avenue and was struck by a tree branch that was overhanging the sidewalk. Recommend referral to the insurance carrier.
Motion by: Councilwoman Rossi Seconded by: Councilman Rose
Motion: Refer the claim to the insurance carrier.
LISA WALKER Unspecified
RM No. 13-039, Claim No. 13-036
Claim for personal injuries sustained as a result of an accident with a City vehicle. Recommend referral to the insurance carrier.
Motion by: Councilman Rose Seconded by: Councilwoman Rossi
Motion: Refer the claim to the insurance carrier.
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.
A motion to extend the curfew by 15 minutes is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote it is unanimous.
2. Handicap Parking Sign Request for 44 Orchard Street (by Director of Public Works Steve Coutu)
A motion to approve the handicap parking sign request is made by Assistant Mayor Rose, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
Unanimous consent is granted to change the order of the docket and move to the Ordinances.
C. Council Members
1. 1 Dexter Road (by Mayor Briden)
Deferred due to Council Rules re: curfew.
2. Preparing for City Council/School Committee Meeting (by Mayor Briden)
Deferred due to Council Rules re: curfew.
3. Budget Process (by Assistant Mayor Rose)
Deferred due to Council Rules re: curfew.
4. Labor Day Parade (by Assistant Mayor Rose)
Deferred due to Council Rules re: curfew.
5. Point of Personal Privledge (by Councilman Helder Cunha)
Councilman Cunha stated that he believes in the first amendment but also feels he has to respond to the twisted truth which Councilwoman Rossi stated regarding Harding Avenue. She ignored the City Solicitor regarding a possible lawsuit. Councilwoman Rossi is critical to the curfew for Council meetings of 10pm and fails to be honest as meetings run past midnight. She takes up time with fireworks and greenhouses. Perhaps in better times these may be worthy of debate but the City has important emergency items to cover while everyone is still awake. We owe it to the tax payers. Tony Ferreira scolding the Council when he has served less than one year making statements that Council didn’t pay attention or misrepresented problems in the schools. He seeks cheap political headlines. This is why we are in a disadvantaged position and tax payers are fed up and so am I.
6. Street Sweeper Update (by Councilman Cunha)
Deferred due to Council Rules re: curfew.
7. Joint Meeting of City Council and School Committee (by Councilwoman Rossi)
Deferred due to Council Rules re: curfew.
8. School Construction Update (by Councilwoman Rossi)
Deferred due to Council Rules re: curfew.
9. State Funding Formula (by Councilwoman Rossi)
Deferred due to Council Rules re: curfew.
10. EPHS Accreditation (by Councilwoman Rossi)
Deferred due to Council Rules re: curfew.
11. Whiteknact Elementary School Roof (by Councilwoman Rossi)
Deferred due to Council Rules re: curfew.
12. EPHS Gym Update (by Councilwoman Rossi)
Deferred due to Council Rules re: curfew.
13. Oldham Elementary School Relocation (by Councilwoman Rossi)
Deferred due to Council Rules re: curfew.
14. Bullocks Point Property Use and Upgrades at New Location (by Councilwoman Rossi)
Deferred due to Council Rules re: curfew.
15. Roads: Grove Avenue and Forbes Street (by Councilwoman Rossi)
Deferred due to Council Rules re: curfew.
16. Community Event Announcements: Pet Food Drive, 4th Annual School Supply Drive, Pumpkin Growing Contest, Watchemoket Square Days, Carousel Wine Paring, EP Heritage Days, Project 106 Fundraiser (by Councilwoman Rossi)
Deferred due to Council Rules re: curfew.
17. State Police Press Release (by Councilwoman Rossi)
This item was covered by Councilwoman Rossi under the Public Comment section of the docket.
D. Report of School Committee Liaison
E. Introduction of Ordinances
1. An ordinance regarding a stop sign, Hawthorne Avenue (westbound traffic) at Intervale Avenue.
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:
Hawthorne Avenue (westbound traffic) at Intervale 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: Councilwoman Capobianco
A motion to approve the ordinance is made by Assistant Mayor Rose, seconded by Councilwoman Capobianco and on a roll call vote is it unanimous.
2. An ordinance regarding sewer consumption charge.
AN ORDINANCE IN AMENDMENT OF CHAPTER 17 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “UTILITIES.”
SECTION I. Section 17-183 entitled “Charges to be based upon water consumption; rate” of Chapter 17 of the ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Utilities” is amended by adding thereto the following:
(g) Upon written request of the property owner, a one time adjustment of an excessive sewer consumption charge may be approved by the Claims Committee with a review and recommendation by the Director of Public Works, if the request meets all of the following conditions:
(1) The property has not received a previous abatement for sewer consumption charges within the past ten years, regardless of property ownership.
(2) The excessive consumption must exceed the prior year same period consumption at the property by thirty-three (33) percent.
(3) Excessive use cannot be caused by change in use, i.e., added living units or conversion from residential to commercial.
(4) The adjustment to the sewer consumption charge will be computed in accordance with the following formula:
Total billed consumption, minus prior year same period consumption, equals excessive consumption. Excessive consumption divided by two (2), plus normal consumption, equals the total adjusted consumption upon which the adjusted sewer consumption charge will be calculated. The calculation will be made using the sewer charges in effect for the billing period in question.
(5) The adjusted amount will be deducted from the amount owed if the bill is unpaid or credited to the account if the bill has been paid. There will be no adjustment of interest charges unless the written request had been received prior to the due date of the bill.
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 defer is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote it is unanimous.
3. An ordinance regarding Business Registrations.
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. Section 8-13 entitled “Procedure; exemptions” of Article I entitled “In General” 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 to read as follows:
Sec. 8-13. Procedure; exemptions.
(a) Upon registration of a business, a registration certificate shall be issued to the registrant. No other business of the same trade name shall be allowed to register once a certificate of registration has been issued filed without the approval of the prior registrant in writing. Every registration certificate filed shall expire on the thirtieth day in November April and shall be renewed annually. upon payment of the required fee. In the first year, the fee will be collected by April 1 and then by December 1 of each subsequent year. No certificate registration shall be renewed if the business fails to provide proof from the Tax Collector that all municipal taxes have been paid to date. Every certificate of registration shall be placed in a conspicuous location in each business establishment.
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 is made by Assistant Mayor Rose, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
4. An ordinance regarding snow removal.
AN ORDINANCE IN AMENDMENT OF CHAPTER 14 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS"
SECTION I. Subsections (c) and (d) of Sec. 14-40 entitled “Removal of snow” of Article III entitled “Sidewalks” of Chapter 14 entitled “Streets and Sidewalks” of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, are amended to read as follows:
(c) Depositing snow. Snow and ice removed from a sidewalk, private yard or private driveway shall not be thrown or deposited on any street, sidewalk or any real property of another property owner.
(d) Penalties. All violations of this section shall be subject to a fine of $25.00 written warning for a first offense, a fine of $50.00 $25.00 for a second offense, and a fine of $100.00 $75.00 for a third and subsequent offenses.
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: Councilwoman Rossi
A motion to approve the ordinance is made by Councilwoman Rossi, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
A motion to review as last time is made by Assistant Mayor Rose, seconded by Councilwoman Rossi and on a roll call vote it is unanimous.
F. Communications
1. Christopher L. Smith, 228 Taunton Avenue (02914) requesting to address the Council regarding parking issue on Taunton Avenue between John Street and Six Corners.
Mr. Christopher Smith requests an up or down vote on the parking space issue.
Mayor Briden states that he would like to make a decision after the City has reviewed with input from the Chief and Director of Public Works and they actually evaluate the issue and make a recommendation as to whether to make a change or not. The City Manager does the review for first passage of an ordinance. It makes sense to go through with the same type of review for the second side of the street and if recommended action would be taken for the next meeting.
Mr. Brian Coogan also speaks and asks if the City can just relax on the tickets until further notice. He feels it is unfair to the residents and himself and his employees. There is ample enough parking on John Street and at Six Corners.
Mayor Briden states that is really a legal question and is difficult to answer and best left with the police who enforce the laws.
Mr. Brian Coogan states that seems like a vendetta and asks why the police are only tagging cars on John Street to Six Corners.
Mayor Briden states that he understands but from a legal standpoint as a Council to be making that kind of request is not proper but at the same time they could pass a motion to have the City conduct the review which preceded the last change which took place. The other question is not really our function.
Brian Coogan also speaks asking if in the meantime the ticketing could be relaxed a bit.
2. Anthony Ferreira, 44 Brightridge Avenue (02914) requesting to address the Council regarding a reason/answer to why some City Council members will not meet with the School Committee.
Deferred due to Council Rules re: curfew.
3. Anthony Ferreira, 44 Brightridge Avenue (02914) requesting to address the Council regarding grass cutting/maintenance at the Fram Building in Rumford and other properties in the City.
Deferred due to Council Rules re: curfew.
4. Freddie Ryka, 9 Cozzens Avenue (02915) requesting to address the Council regarding businesses distributing liquor to minors in the City.
Deferred due to Council Rules re: curfew.
5. Freddie Ryka, 9 Cozzens Avenue (02915) requesting to address the Council regarding road repair schedule for Pawtucket Avenue.
6. Freddie Ryka, 9 Cozzens Avenue (02915) requesting to address the Council regarding road repair for Sutton Avenue.
Regarding the two road repair communications the City Manager requests a report from the Department of Public Works regarding the work National Grid had done and the repairs to the road which are needed from that work and a timeline on when that will get done.
XII. ADJOURNMENT
A motion to adjourn is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote the motion passes 4-1 with Councilwoman Rossi voting Nay.
Approved by Council: August 20, 2013
Attest: _______________
City Clerk