Click HERE to view the VIDEO of this meeting or click at any video icon (
) below to jump to that particular section of the meeting.
CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
November 19, 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
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. Emelia Andrade
2. Kenneth J. Foley
3. Manuel & Maria Lima
B. Litigation
1. Pond View – Status Report

Mayor Briden calls the meeting to order at 7:33PM.

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 November 2013 Calendar
B. Council Journals
1. Regular Council Meeting November 5, 2013
A motion to approve the Consent Calendar is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote it is unanimous.

A. Corliss Blanchard – 1 Dexter Road

A. A Proclamation Honoring President John F. Kennedy (by Mayor Briden)
Mayor Briden requests the City Clerk read the proclamation.
State of Rhode Island and Providence Plantations
City of East Providence
Proclamation
PROCLAMATION HONORING THE LIFE AND LEGACY OF
PRESIDENT JOHN F. KENNEDY
WHEREAS, John F. Kennedy was the 35th President of the United States, and honorably served his country during World War II in the United States Navy in the Pacific Theater, commanded a patrol torpedo boat, saw significant combat, and earned a Purple Heart and the Navy and Marine Corps Medal for his heroism, and
WHEREAS, John F. Kennedy was elected to the United States House of Representatives representing Massachusetts in 1946, served in the Congress for three terms before being elected to the United States Senate in 1952, and served for eight years, becoming a leading voice on international affairs, and
WHEREAS, John F. Kennedy was elected President of the United States in 1960, becoming the youngest president at the age of 43, and in 1961 delivered a stirring inaugural address that announced that a new generation of Americans had taken the torch of leadership, and was willing to “pay any price, and bear any burden…to ensure the survival and the success of liberty”, and
WHEREAS, President John F. Kennedy’s administration was defined by the New Frontier, which appealed to the best in American idealism in creating the Peace Corps, launching the United States’ space program, and calling for Americans to consider what they could do for their country, and
WHEREAS, President John F. Kennedy, was an exponent of racial justice, calling on all Americans to denounce racism as morally wrong, and proposed legislation that eventually became the 1964 Civil Rights Act that changed the United States, and
WHEREAS, President John F. Kennedy inspired young and old alike to see anew the promise of American life, promoting a message of empowerment by telling Americans “to ask not what your country can do for you, but ask what you can do for your country”, and
WHEREAS, President John F. Kennedy’s life ended too soon on November 22, 1963 at the prime of his life, and the city, the United States, and the world have mourned President Kennedy’s death for fifty years.
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Council of the city of East Providence proclaim Friday, November 22, 2013 to be a day of solemn remembrance and reflection on the life of President John Fitzgerald Kennedy.
Given under my hand and the seal of the City this nineteenth day of November, two thousand thirteen.
| _____________ | _______________ |
| Kim A. Casci | James A. Briden |
| City Clerk | Mayor |
B. RI Department of Transportation Presentation Regarding I-195 Improvements for the Warren Avenue/Watchemoket Square Project Phase II (highway on-ramp) 
RIDOT provides a presentation on proposed detours for the bridge work. A question and answer portion takes place where RIDOT is asked to review the detour scenario again due to the weight and number of trucks traveling through a residential street.
A five minute recess is called.
A. Economic Development Commission (by Mayor Briden) 
Kevin Lewis, 196 Center Street
A motion to approve the appointment is made by Councilwoman Capobianco, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.

Licenses are granted subject to all required approvals from State and City departments.
A. Vict/Not Over 25
Pitstop Convenience & Fuel, Inc., 517 Warren Avenue (02914), Andre H. Scavassin, 25 Bullocks Point Avenue (02915).
This license was withdrawn per the applicants request as they do not need to seek a vict. at this time.
B. Holiday Sales
Pitstop Convenience & Fuel, Inc., 517 Warren Avenue (02914), Andre H. Scavassin, 25 Bullocks Point Avenue (02915).
A motion to approve the license is made by Assistant Mayor Rose, seconded by Councilwoman Capobianco and on a roll call it is unanimous.
A. An ordinance relating to a onetime adjustment of an excessive 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, an 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 excessive consumption must exceed the prior year same period consumption at the property by thirty-three (33) percent.
(2) Excessive use cannot be caused by change in use, i.e., added living units or conversion from residential to commercial.
(3) If the property was billed for water that did not enter the sewer system during a specific time period, the customer shall provide documentation from a licensed plumber supporting the occurrence and repair of the leak, along with a copy of the paid repair receipt. The customer may also provide additional documentation to prove that water did not enter the sewer system to the satisfaction of the Director of Public Works. The average usage for the property will be determined by meter readings. This average will be compared to the period in question, to establish whether or not an adjustment is warranted.
(4) If the customer is unable to provide documentation as noted in the section above, 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: Director of Public Works
Tom Riley 3625 Pawtucket Avenue (02915) with a concern regarding equipment failure, if it is not a leak does this ordinance address the equipment failure.
Lewis Geradis 30 Linden Street (02915) wanting information on why the water and sewer bill can’t be billed separately.
City Manager Lemont explains the enterprise fund.
Director Coutu addresses Mr. Riley’s concerns that yes an equipment failure could be addressed by the ordinance. It would address any situation regarding excessive consumption.
Mayor Briden states a misread in the meter would be one where the water did not actually enter the sewer system, subparagraph 3, and the customer would show the water did not enter the sewer system and this is to the satisfaction of the Director of Public Works.
Director Coutu states that is correct. The sentence of any additional information provided to the Director of Public Works should cover it. The Water Department can check the meter. They have all the meters suspected of being broken reviewed by a technician.
Councilwoman Rossi asked Director Coutu if the ordinance should pass as is then will you be able to address Mr. Riley’s issue?
Director Coutu stated he would be in a better position to do so where prior there was no measure of adjustments. Other customers who have submitted claims are waiting for this to go forward.
Councilwoman Rossi stated if we pass tonight Mr. Riley, Director Coutu will review and you could come back and let us know if the ordinance was sufficient meanwhile this gives us a jumping off point and if we have to amend it further we can.
Mr. Riley was in agreement.
A motion to approve the ordinance for final passage is made by Councilwoman Rossi, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.
B. An ordinance pertaining to proper care of sidewalks. 
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. Sec. 14-43 entitled “Duty of owner or occupant to cut grass” of Chapter 14 entitled “Streets and Sidewalks” of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, is amended to read as follows:
Sec. 14-43. Duty of owner or occupant to cut grass.
Whenever a paved or improved sidewalk area, or an unpaved sidewalk or any unpaved part thereof adjoining any building or lot of the land on any street, highway, square, or public place shall be overgrown with grass, weeds, or underbrush, it shall be the duty of the owner, occupant, or any person having the care of such building or lot to cut such grass, weeds, or underbrush to a height not exceeding six inches in order that it may be made safe and convenient for the use of the public. The owner or any other person having the care of such building or lot shall cut such grass, weeds, or underbrush within five days after receiving notice that he is in violation of this section from the chief inspector.
(a) Penalties. Violations of this section shall be subject to a written warning for a first offense, a fine of $25 for a second offense, and a fine of $75 for a third and subsequent offenses.
(b) Whenever the owner, occupant or any other person having the care of such building or lot fails to comply with the notice from the chief inspector within five days that he/she is in violation of this section and the chief inspector determines that such grass, weeds, or underbrush adversely effects the safety and convenience for use of the public, the inspector may order the removal of the grass, weeds or underbrush and assess the whole costs incurred for such removal by imposing a lien on the property as provided or authorized by law for the enforcement of common liens on property. Such lien will be recorded to ensure payment of such costs.
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: Director of Public Works
A motion to approve the ordinance for final passage is made by Councilman Cunha, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.
A. City Managers Report (by Acting City Manager Paul Lemont) 
City Manger Lemont stated that he has attended various meetings and is currently looking at many issues, some of which he feels have been left under the table for a while and that he hopes to have something to report in a couple of weeks.
Mayor Briden welcomed Mr. Lemont and stated that he looks forward to working with him.
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, NOVEMBER 19, 2013; 7:00 P.M.; ROOM 101
====================================================================
NEW CLAIMS
EMELIA ANDRADE $795.00
RM No. 13-079, Claim No. 13-055
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 $795.00.
|
VOTE | MAYOR BRIDEN | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CUNHA | COUNCILMAN ROSE | COUNCILWOMAN ROSSI |
| Aye | √ | √ | √ | √ | √ |
| Nay |
|
|
|
|
|
| Abstain |
|
|
|
|
|
| Absent |
|
|
|
|
|
KENNETH J. FOLEY $50,000.00
RM No. 13-075, Claim No. 13-056
Claim for invasion of privacy sustained when claimant’s personal information was published on the City’s website. Recommend referral to insurance carrier.
Motion by: Councilwoman Rossi Seconded by: Councilwoman Capobianco
Motion: Refer the claim to the insurance carrier.
|
VOTE | MAYOR BRIDEN | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CUNHA | COUNCILMAN ROSE | COUNCILWOMAN ROSSI |
| Aye | √ | √ | √ | √ | √ |
| Nay |
|
|
|
|
|
| Abstain |
|
|
|
|
|
| Absent |
|
|
|
|
|
MANUEL & MARIA LIMA $947.21
RM No. 13-077, Claim No. 13-053
Claim for reimbursement of expenses incurred as a result of striking a pothole on Eastern Avenue. See recommendation of the Director of Public Works.
Motion by: Councilman Rose Seconded by: Councilwoman Capobianco
Motion: Deny the claim.
|
VOTE | MAYOR BRIDEN | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CUNHA | COUNCILMAN ROSE | COUNCILWOMAN ROSSI |
| Aye | √ | √ | √ | √ | √ |
| Nay |
|
|
|
|
|
| Abstain |
|
|
|
|
|
| Absent |
|
|
|
|
|
LITIGATION
POND VIEW RECYCLING
1 DEXTER ROAD
Status Report
Motion by: Seconded by:
Motion: Withdrawn.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
C. Council Members
1. East Providence Business Fair (by Assistant Mayor Rose) 
Assistant Mayor Rose announced he would like the City to host a business fair. Over the past few years businesses close out due to in some part because they were being overlooked. During February/March he would like to see the City, each year set up a meet and greet with local businesses for department heads and citizens to meet new businesses and to give them information on what businesses are out there in the local community which can assist the City. Assistant Mayor Rose spoke about Standard Hardware, which was a local business that closed. Adding, the City needs to focus on these businesses and this meet and greet can help out the City and the citizens of the City. He will be working on this over the next couple of months to set a plan in motion for the first East Providence Business Fair.
Mayor Briden commended this as a good idea.
2. Request of Charter Amendment Questions for the Ballot regarding Mayoral Form of Government and Partisan Elections, to be Drafted for Passage by the Law Department (by Assistant Mayor Rose) 
Assistant Mayor Rose stated that he would like to have a charter amendment speaking to these two items drafted for the next election.
Mayor Briden asked if the two items could be taken as separate votes.
Assistant Mayor Rose stated he would like to make a motion to place these questions on the ballot and to send them to the Law Department for drafting of the language of each question separately.
Mayor Briden asked if any members of the public wished to be heard.
Sandy Barone 12 Weeden Avenue (02916) restated some of her points from the previous meeting where she spoke under Communications on this topic. She added the City would need to address the terms of a Mayor for the questions taking into account the recent Charter Amendment regarding 4 year terms for City Council.
Tom Riley spoke as an individual, not as Chair of the Canvassing Board, against both potential Charter Amendment questions.
Julie Silva spoke in favor of the questions being placed on the ballot.
Val Lawson, 122 Hoyt Avenue spoke in favor of the questions being placed on the ballot.
John Faria, 20 Rowley Street spoke in favor of the questions being placed on the ballot.
Alice Martin, 1 Vineyard Avenue spoke in favor of the questions being placed on the ballot.
Under discussion Councilwoman Rossi made a clarification to previous comments by the public that regarding how the City ended up in a financial issue in the first place, with a Budget Commission, was due to a severe lack of personnel in the Finance Department. Adding, the City went through 4 directors and nobody knew what was what. The City had 4 people in a few short years and no one had a firm grip on the finances and that was compounded with politics.
Assistant Mayor Rose makes a motion to have the Law Department draft a question for the ballot, in the form of a resolution, to be passed by the Council for a Mayoral form of government for the next election Councilwoman Rossi seconds the motion and on a roll call vote it is unanimous.
Assistant Mayor Rose makes a motion to have the Law Department draft a question for the ballot, in the form of a resolution, to be passed by the Council for partisan form of elections for the November 2014 Election Councilwoman Rossi seconds the motion and on a roll call vote the motion passes 4-1 with Mayor Briden voting Nay.
3. Welcoming Businesses (by Councilwoman Capobianco) 
Councilwoman Capobianco welcomes the business The Rumford.
4. 5 Year Capital Improvement Plan for School Department (by Councilwoman Rossi) 
Councilwoman Rossi stated there was a presentation at the recent School Committee Meeting outlining the 5 Year Capital Improvement Plan adding that this was going to be a Joint Meeting and clearly there is a need to reschedule this meeting or a work session between the Council and School Committee to begin to take a look at the plan. This meeting should include the Acting City Manager and the Finance Director so that both bodies can look at exactly what the options are. Councilwoman Rossi requests the City Clerk poll the Council and coordinate with Pat Iannelli on the School Side.
5. Economic Development Plans (by Councilwoman Rossi) 
This item was deferred.
6. Community Event Announcements (by Councilwoman Rossi) 
This item was deferred.
Assistant Mayor Rose announced the Memorial Joe Silva Toy Drive and Dinner would be taking place on December 14th at the Knights of Columbus, 3200 Pawtucket Avenue. This is an annual toy drive and new unwrapped toys or gifts are needed for donation to children ages 0-16 and these toys benefit the Children’s Friend of Holiday Giving Drive 2013 in Memory of Joseph Silva for more information call 434-3556 or email js7950@aol.com.
D. Report of School Committee Liaison 
School Committee Member Liaison Tony Ferierra spoke stating they have been hosting meetings to inform the public and these meetings are held every other night at various schools. He urges parents to participate.
Also, he urges the Council to look at the work done in the auditorium at the High School as he is very upset with it. He has requested a list of who is managing the project. The drop dead date for completing the work is December 15th.
Councilwoman Rossi stated the School Department used to have a committee which was a Building Committee and it would go through all the construction. The Budget Commission disassembled this committee and for 18 months she fought this. She would like to ask the School Committee to put the Building Committee back together and hold regular meetings on a biweekly basis. She would like to ask Mr. Lemont’s support in this endeavor and that not 10 cents of these checks get written out until there is accountability.
School Committee Member Tim Conley states the construction company was awarded $6 million but that this is not enough to make all the repairs. He shares some of these same concerns. The Superintendent made a change in the day to day management of the facilities and pulled all maintenance staff out and centralized it to the City Garage due to her concerns. This $6 million is a drop in the bucket for the needs in that building and anything we do is cosmetic. We have been very diligent of the tax-payers money on this project. The reality is the needs of the building are far beyond the funds allotted. When you don't invest in the infrastructure for years this is what happens, we inherited this issue and while he is not pointing fingers they are stewards of a band-aid being placed on a surgical wound. The reality is we need a new high school and if we want to maintain our accreditation we have to show a good faith effort.
There is a motion to extend the meeting by 15 minutes by Councilwoman Rossi, unanimous consent is granted.
1. FINAL RESOLUTION PURSUANT TO SECTION 2-11 OF THE CHARTER OF THE CITY OF EAST PROVIDENCE PERMANENTLY REMOVING THE CITY MANAGER FROM OFFICE
WHEREAS, the City Manager was appointed by the City of East Providence on September 21, 2011 and more than one (1) year has lapsed since said appointment; and
WHEREAS, Section (b) of the engagement letter for the employment of the City Manager dated September 21, 2011 states that the City Manager may be removed without cause after a period of one year from the date of appointment which was a provision agreed to by the City Manager predicate to his appointment; and
WHEREAS, Resolution Number 32 was adopted by the City Council on October 4, 2011 authorizing the City Council’s hiring of the City Manager; and
WHEREAS, Section II(b) of Resolution Number 32 states that the City Manager may be removed without cause after a period of one year from the date of appointment; and
WHEREAS, pursuant to the terms and conditions of the engagement letter for the employment of the City Manager dated September 21, 2011 and Section II(b) of Resolution No. 32, the City Council hereby permanently removes the City Manager from office without cause.
NOW, THEREFORE, BE IT RESOLVED, that the City Manager is hereby permanently removed from office without cause.
This resolution shall become effective upon its passage.
Requested By: Law Department
A motion to dispense with the reading of the resolution is made by Councilwoman Rossi seconded by Assistant Mayor Rose and it is unanimous.
A motion to approve the resolution is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote it is unanimous.
2. RESOLUTION AUTHORIZING THE CITY COUNCIL TO HIRE PAUL E. LEMONT AS ACTING CITY MANAGER OF THE CITY OF EAST PROVIDENCE
WHEREAS, on November 14, 2013 the City Council conducted interviews for the position of Acting City Manager; and
WHEREAS, the City Council selected Paul E. Lemont as its candidate for the position of Acting City Manager; and
WHEREAS, the City Council reached an agreement with Paul E. Lemont as to the terms and conditions of his employment as follows:
1. The City agrees to pay Acting City Manager Paul E. Lemont an annual base salary of $125,000 payable in installments at the same time other employees of the City of East Providence are paid.
2. The City shall provide Acting City Manager Paul E. Lemont the use of an automobile. The automobile shall be used for business purposes only and the City will insure such vehicle at its expense and will pay for fuel for said vehicle.
3. There are no other benefits agreed to at this time (including health, dental, pension plan, and life insurance).
NOW, THEREFORE, BE IT RESOLVED, effective November 19, 2013, the City Council appoints Paul E. Lemont as the Acting City Manager until the City Council appoints a City Manager pursuant to Section 2-10 of the Charter.
This resolution shall become effective upon its passage.
Requested By: Assistant Mayor Rose
A motion to dispense with the reading of the resolution is made by Councilwoman Rossi seconded by Assistant Mayor Rose and it is unanimous.
A motion to approve the resolution is made by Assistant Mayor Rose, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
3. RESOLUTION AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT RECREATION DEVELOPMENT GRANT PROGRAM.
WHEREAS, the City Council of the City of East Providence desires the grant assistance from the Rhode Island Department of Environmental Management for improvements to the Onna Moniz-John Neighborhood Park/Central Avenue Playground.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of East Providence directs the Planning Department to submit the necessary grant application to the State of Rhode Island Department of Environmental Management Recreation Development Grant Program for improvements to the Onna Moniz-John Neighborhood Park/Central Avenue Playground.
Requested By: Director of Planning
A motion to approve the resolution is made by Councilwoman Capobianco, seconded by Councilman Cunha and on a roll call vote it is unanimous.
F. Introduction of Ordinances
1. An ordinance regarding a stop sign on Dorr Avenue eastbound and westbound traffic at its intersection with Smith Street.
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:
Dorr Avenue (eastbound and westbound traffic) at its intersection with Smith Street
SECTION II. 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 for first passage is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote it is unanimous.
A motion to adjourn the meeting at 10:19PM is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote it is unanimous.
Approved by Council: December 17, 2013
Attest: _______________
City Clerk