CITY OF EAST PROVIDENCE

RHODE ISLAND

JOURNAL OF REGULAR COUNCIL MEETING

March 5, 2013

Council Chambers, City Hall, 145 Taunton Avenue, East Providence, RI 02914

7:00 P.M. Executive Session, 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. Shirley A. Medeiros

            2.  Michael Spagnole

                                   

II.                CALL TO ORDER - 7:42 PM

 

III.             SALUTE TO THE FLAG

 

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

             

            1. Coastal Resources Management Council Revisions - Ocean Special Area Management Plan (Ocean SAMP) Section 800:  Chapter 8 - Renewable Energy and Other Offshore Development. 

 

            2.  Woonsocket City Council Resolution in opposition to H5340 relating to labor and labor relations regarding binding arbitration for school teacher contracts. 

 

            3.  North Smithfield School Committee Resolution in opposition to mandatory continuation of an existing teacher contract.

 

            4.  North Smithfield School Committee Resolution in opposition to binding arbitration for teacher contracts. 

 

            5.  North Smithfield School Committee Resolution in support of S49 and H5066 moving the teacher layoff notice deadline from March 1 to June 1. 

 

            6.  Newport City Council Resolution asking the General Assembly to amend RIGL 3-7-6 to eliminate the dollar amount that a local licensing authority may impose for advertising and administration costs related to processing a liquor license renewal application. 

 

            7.  Charlestown Town Council Resolution in support of gun safety, safety in schools mental illness and access to illegal guns.

 

            8.  Charlestown Town Council Resolution in support of eliminating Master Lever Voting. 

             

            9.  Newport City Council Resolution supporting gun safety at State and Federal levels, ongoing open dialogue regarding mental illness and its identification, all efforts to remove illegal guns from the streets. 

 

B. Council Journals

            1.  Regular Meeting February 19, 2013

A motion to approve the Consent Calendar is made by Councilwoman Rossi, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.

           

V.                PUBLIC COMMENT

 

1.  Tom Riley 3620 Pawtucket Avenue 02915 - $250,000 Budget Commission bill for services.

 

VI.             APPOINTMENTS

           

            A.  Traffic Control (by Councilwoman Rossi)

            Jonathan Toler, 30 Dearborn 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.  Traffic Control (by Councilwoman Capobianco)

                        Billy Dorr, 137 Walnut Street (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

 

                        C.  Municipal Court Bailiff (to replace Michael Rooney)

                        John Medeiros, 291 Grosvenor Avenue (02914)

A motion to approve the appointment is made by Councilwoman Rossi, seconded by Councilman Cunha and on a roll call vote it is unanimous

 

                        D.  Traffic Control (by Councilwoman Rossi)

                        Kelly Marshall, 14 Mayflower Street (02914)

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

 

VII.          PUBLIC HEARING - ORDINANCES FINAL PASSAGE

           

                        A. An ordinance pertaining to 2 hour parking on a section of Taunton 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.  Section 18-310 entitled “Same--30 minutes” of Article X entitled “Stopping, Standing and Parking” of Chapter 18 entitled “Vehicles and Traffic” is amended by deleting therefrom the following:

Taunton Avenue (south side) from Russell Avenue to Broadway between 8:00 a.m. and 4:30 p.m. except Sundays and holidays

SECTION II.  Section 18-312 entitled “Same--120 minutes” of Article X entitled “Stopping, Standing and Parking” of Chapter 18 entitled “Vehicles and Traffic” is amended by adding thereto the following:

Taunton Avenue (south side) from Russell Avenue to Broadway between 8:00 a.m. and 4:30 p.m. except Sundays and holidays

SECTION III.  This ordinance shall take effect upon second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.

Requested by:  Director of Public Works

A motion to approve the ordinance is made by Councilwoman Rossi, seconded by Councilman Cunha and on a roll call vote it is unanimous

 

                        B. An ordinance pertaining to 6 hour parking on a portion of Taunton 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.  Sec. 18-312 entitled “Same—120 minutes” of Article X entitled “Stopping, Standing and Parking” of Chapter 18 entitled “Vehicles and Traffic” is amended by deleting therefrom the following:

Taunton Avenue (both sides) from Walnut Street to Russell Avenue between 8:00 a.m. and 4:30 p.m., except Sundays and holidays

SECTION II.  Sec. 18-312 entitled “Same—120 minutes” of Article X entitled “Stopping, Standing and Parking” of Chapter 18 entitled “Vehicles and Traffic” is amended by adding thereto the following:

Taunton Avenue (north side) from Walnut Street to John Street between 8:00 a.m. and 4:30 p.m., except Sundays and holidays.

Taunton Avenue (south side) from Walnut Street to Grosvenor Avenue between 8:00 a.m. and 4:30 p.m., except Sundays and holidays.

SECTION III.  Article X entitled “Stopping, Standing and Parking” of Chapter 18 entitled “Vehicles and Traffic” is amended by adding thereto the following:

Sec. 18-316. Parking time limitations–360 minutes.

Taunton Avenue (north side) from John Street to Russell Avenue between 8:00 a.m. and 4:30 p.m., except Sundays and holidays

SECTION IV.  This ordinance shall take effect upon second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.

Requested by:  Councilwoman Rossi

1.  Tom Riley asks for an explanation regarding the background on the need for the ordinance.

A motion to approve the appointment is made by Councilwoman Rossi, seconded by Councilman Cunha and on a roll call vote it is unanimous

 

 

VIII. NEW BUSINESS

A.City Managers Report (by City Manager Peter Graczykowski)

            1.  Budget Commission Activity Update

- BPR has a balanced 5 year fiscal plan

- adopted exit plan

- adopted any remaining collective bargaining

- approved EPPMTEA, Steelworkers, Teachers, Educational Secretaries and Teacher Assistants

- approved hires City and School

- approved Carousel seasonal help

- extended police and fire investment buyer

- approved police assault vests

- new consolidated purchasing agent began work

- $2.9 million in collection of income off-set 

Councilwoman Rossi asked questions regarding the Finance Officer position and the legislation being flawed as it would relate to the City of East Providence. 

Mayor Briden requests a written opinion from Solicitor Chapman regarding the Chief Elected Officer role as stated in 45-9-10 and the application in East Providence.

It is requested that the Communication item be moved up on the docket and there is no objection. 

                                D. Communications

                                     1. Kevin Robinson, 29 High View Avenue, Barrington requesting to address the Council regarding the K-Rob Foundation Family Fun Festival on June 8, 2013. 

                        This is the 3rd Annual K-Rob Event bike and walk, vendors, games and BMX demonstrations.  The event starts at Pierce Field and ends at the Rose Larisa Park across from the Crescent Park Carousel.  People can contact krobfoundation.org or 289-0267. 

           2.  Departmental Activity Update

            3.  Request to Award the RFP for ERP/Financial Software

This would replace a system which is over 20 years old and which no longer meets the City's needs.  The good news is the cost is much cheaper than originally anticipated and the City had originally set aside $500,000 the approval is for $129,000 which is a $378,000 savings this fiscal year with additional savings in year two.  This system is currently in 12 cities or towns and 10 schools in RI. 

                                    A motion to approve the RFP is made by Councilwoman Rossi, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous. 

            4.  Review of Proposed State Legislation 2013

There is analysis in the Council packets of legislation being proposed on the state level from two different sources, one is the Division of Municipal Finance and one is the RI League of Cities and Towns.  This has been forwarded to the Department Heads and the School Department for review regarding any legislation which might affect the City. 

Councilwoman Rossi asked if marijuana is legalized will the licensing money come to the City. 

The City Manager stated he would find out if cities and towns would be receiving a portion of the fines, licensing and taxes of sales. 

            5.  Availability of 2013-2014 CDBG Funds

David Bachrach spoke and explained the CDBG process.  This past year the Budget Commission diverted some funds from public service entities to economic development.  The remaining funds which were not expended will need to be spent and put back into the public service entities by a Council vote.  For the upcoming CDBG year, those public service entities will have 30 days to submit their requests and on April 16th will present to the Council, in a public hearing format, why they are requesting the funds for their organizations.  They will provide a summary and those advocating may attend to speak directly to Council. Council will vote on the final disbursements. 

            6.  Police Recruitment Standards

The Human Resource Director, Kat Waterbury provided more information on the topic which was brought before the Council at the previous meeting including a copy of the ordinance which outlines the requirements.  Discussion ensued regarding the need for these requirements. 

Assistant Mayor Rose stated that perhaps Council may want to change the requirements for the college credits to reflect any college credits not just credits in criminal justice thereby still keeping the college credit requirement in but broadening the applicants. 

The City Manager stated to date there have been 127 applicants. 

            7.  Business Registration Process

This was a follow up to Council discussion at the previous meeting.  There is a memo in the Council packet regarding the history of the business registration ordinance.  The City Clerk will work with the City Assessor to identify areas where the ordinance or process can be adjusted to make it more efficient. 

            8.  LED Street Light Proposal Updates

National Grid's current tariff structure doesn't allow for LED lights to be placed in their hardware.  However, for City owned lights, parking lots, schools and fields for example this would be an area of savings to explore.  The City Manager instructs the Director of Public Works to look into this and report back in a month. 

Mayor Briden stated that many communities are getting together to change the process through National Grid to allow cities and towns the opportunity to take this cost saving measure through the East Bay Energy Consortium.  The more communities work together on this measure the better chance they will have in affecting this change. 

            9.  Alternate Locations for Greenhouse or Community Gardens     

Planning Director Jeanne Boyle spoke stating that the ideal location for this would be the Hunts Mills site.  A secondary site would be Grassy Plains Park. 

 

                        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 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 – Aye, Councilwoman Rossi – Aye, the motion is approved 5-0. 

                                    EAST PROVIDENCE CLAIMS COMMITTEE

                                              CLAIMS & LITIGATION REPORT

                                 TUESDAY, MARCH 5, 2013; 7:00 P.M.; ROOM 101

=====================================================================

                                                                 NEW CLAIMS

 

SHIRLEY A. MEDEIROS                                                                                            Unspecified

RM No. 13-009, Claim No. 13-009

Claim for personal injuries sustained as a result of a slip and fall at the Myron J. Francis Elementary School.  Recommend referral to insurance carrier.

Motion by:  Councilman Rose                                    Seconded by:  Councilwoman Capobianco

Motion:  Refer the claim to the insurance carrier.

MICHAEL SPAGNOLE                                                                                                      $289.00

RM No. 13-003, Claim No. 13-003

Claim for reimbursement of expenses incurred to clear a blockage caused by roots from a City tree.  See recommendation of the Director of Public Works.

Motion by:  Councilwoman Rossi                              Seconded by:  Councilman Cunha

Motion:  Approve the claim in the amount of $289.00.

               

                                             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. 

 

                                             2. School Committee Update (by School Committee Member Tony Ferreira)

 

There will be a meet and greet announced for the new Superintendent. 

He would like to see the possibility of solar panels at the High School looked into further. 

He concluded stating that people don't realize the hard work the Council and the School Committee does.  He realizes now that he has been elected in November that they all put in many hours of work.  To date he has received 35-40 emails to help constituents and work with the kids and a lot of personal time is invested. 

 

                                C.   Council Members

                                    1.  City's Website/Economic Development (by Mayor Briden)

Mayor Briden stated that he spoke with Jim Moran of the Planning Department with the objective of promoting economic development and the idea of having a carousel on the website to feature a new business or projects in the City and this is underway. 

                  2. Video Streaming of Council Meetings (by Mayor Briden)

Mayor Briden acknowledged the City Clerk, City Manager and the Solicitor for researching and advocating this item which allows the public to really follow and take an interest in local government. 

                                   

                                    3.  Policies and Procedures (by Assistant Mayor Rose)

Assistant Mayor Rose states this item was already addressed during the City Manager's Report. 

                                    4.  Highway Superintendent Position (by Assistant Mayor Rose)

Assistant Mayor Rose discussed the requirements of the position stated that the

                                    5.  EPPD Vehicles (by Assistant Mayor Rose)

Assistant Mayor Rose states this item was already addressed during the City Manager's Report. 

                                    6.  Progress Report (by Assistant Mayor Rose)

Assistant Mayor Rose deferred this item. 

                                    7.  School Safety (by Assistant Mayor Rose)

                        Assistant Mayor Rose spoke about North Providence and that they had looked into an assessment team for school safety measures utilizing the Google money but the funds can't be used for this.  However, times are changing and the City needs to look at other avenues to ensure our kids are safe in our schools. 

The City Manager stated the Chief has been looking at other options. 

Chief Tavares came to the podium and reported on what has been done so far including obtaining a $40,000 grant to improve school safety.  They are continuing to work on this utilizing feedback from the EPPD SROs in the schools as well as best practices from around the country. 

The City Manager requested that the Chief update that Council with a complete assessment.

The Chief replied he would do this and continue communications with the City Manager. 

                                    8.  Snow Removal (by Councilwoman Rossi)

Councilwoman Rossi discussed the current ordinance and the offenses assigned to those who do not comply.  She is concerned about the elderly or disabled and like other Council members has had calls from residents who cannot shovel their sidewalks due to age or serious health conditions.  Even when cited, the sidewalk is not getting shoveled and kids still have to walk in the street.  She would like the City Manager to look into this problem.  Perhaps purchasing a sidewalk clearer for those who are elderly or ill who cannot shovel and utilizing the fines to buy the equipment. 

The City Manager instructs the Public Works Director to prepare a report on how the City can help without providing sidewalk cleaning for everyone. 

                                    9.  Welcoming New Business (by Councilwoman Capobianco)       

Councilwoman Capobianco deferred this item to the meeting. 

 

Councilwoman Rossi asked to make two announcements:

1.  A cleanup at the Recreation Center located at 100 Bullocks Point Avenue on Saturday from 9am-4pm. 

2.  EPPC in conjunction with EPPD are holding their 4th Annual Easter Egg Hunt on March 24 with a rain date of March 30 at the Rose Larisa Park and Crescent Park Carousel, there will be crafts, games, pictures with the Easter Bunny and an Egg Hunt divided by ages with prizes for certain eggs for more information call 435-1923.

 

VIII.       ADJOURNMENT

 

A motion to adjourn at 9:44 PM is made by Councilwoman Capobianco, seconded by Councilwoman Rossi and on a roll call vote it is unanimous. 

 

Approved by Council:  April 2, 2013

Attest:  _________________

                    City Clerk

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