CITY OF EAST PROVIDENCE

RHODE ISLAND

JOURNAL OF REGULAR COUNCIL MEETING

September 3, 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

 

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. New Claims

            1.  Roderick Davol

            2.  Irit Gambuto

            3.  Geico Insurance Company (Ins. Brittany Tuetken)

B.  Claims for Reconsideration

            1.  Frederick Foeri

 

II.                CALL TO ORDER – 7:37PM

 

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 Received

             

1. Coastal Resources Management Council Amended Agenda for August 2013. 

2. Coastal Resources Management Council Semi Monthly Meeting Tuesday, August 27, 2013, 6PM, Conference Room A, Administration Building, One Capitol Hill, Providence.

 

B.  Cancellation/Abatements

Year	Amount
2013	$14,223.16
Total	$14,223.16

 

C.  Council Journals

1.  Special Council Meeting August 13, 2013

2.  Regular Council Meeting August 20, 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.   

 

V.                PUBLIC COMMENT

1.      Charles Medeiros – Stop Sign on Gerald

2.      Lori Searles – Stop Sign on Gerald

3.      Freddy Rybka – Middle School Sports

4.      Tin Chong Wong – License Application 

 

VI.             APPONTMENTS

 

A. Carousel Commission – 3^rd Alternate (by Councilwoman Rossi)

Tony Ottone, 5 Cul De Sac Way (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. Economic Development Commission – Re-Appointment (by Mayor Briden)

James Hammond, 49 Scott Drive (02915)

 

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

 

C. Economic Development Commission – Re-Appointment (by Mayor Briden)

Jonathan Killian, 15 Windmill Lane (02916)

 

A motion to approve the appointment is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote it is unanimous.

 

D.  Carousel Commission – Re-Appointment (by Assistant Mayor Rose)

Luci Stoddard, 5 Carolina Avenue (02915)

 

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.

 

E.  Carousel Commission – Re-Appointment (by Assistant Mayor Rose)

Mildred Morris, 419 Dover Avenue (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.

 

VII.          LICENSES NOT REQUIRING PUBLIC HEARING

Licenses are granted subject to all required approvals from State and City departments.

A.     Laundry/Drycleaner (Transfer)

Y & T LLC DBA North Broadway, 686 North Broadway (02914)

Tin ChongWong, 84 Farrington Street, Apt. 1, Quincy, MA 02170

 

Rachael Shardia, 293 Sutton Avenue (02914) also speaks for Tin Chong Wong. 

 

A motion to approve the license is made by Councilwoman Capobianco, seconded by Councilwoman Rossi  and on a roll call vote it is unanimous. 

 

>VIII.       NEW BUSINESS

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

             1.  Department Activity Report

The City Manager stated the most recent report was included with the Council’s electronic docket for record.

            2.  EPBC Personnel Activity Report from 8/22/13

The City Manager stated the report was included with the Council’s electronic docket for the record.

            3.  2013 Municipal Legislation Update

The City Manager stated there is a summary of legislation affecting municipalities and copies of all bills are links in the document and provided on the electronic docket.  The item was received from the Department of Revenue.  

2. An ordinance regarding a Stop Sign on Gerald 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:

Gerald Street (northbound and southbound traffic) at its intersection with Robinson 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:  Councilwoman Rossi

Assistant Mayor Rose also mentioned if Director Coutu could look into putting up caution children signs.

Director Coutu stated they would put these up.

 

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

 

IX.             PRESENTATIONS

 

A. Current Compliance Check Results for Local Establishments (by Jennifer Wall, East Providence Prevention Coalition)

Jen Wall stated that the survey as mandated by the State was conducted and in the past there was always certain establishments which didn't comply and she is glad to present that for this survey no establishment had served alcohol to minors.  The survey was conducted in July.  She read the list of establishments which were surveyed.

 

B. Reports of Other City Officials

1.      Claims Committee Report (by City Solicitor Timothy Chapman)

 

A motion to accept the Claims Committee Report is made by Councilwoman Capobianco, seconded by Councilman Cunha and on a roll call vote it is unanimous.                       

                                                                       

                        C.   Council Members

                                    1.  Labor Day Parade Recap (by Assistant Mayor Rose)

Assistant Mayor Rose thanked everyone who participated in anyway.  He reported the participation of The Pink Heals, which help cancer survivors, were a great addition and they have indicated they would like to participate again next year.  Anyone who would like to get involved for next year please contact him.  In the near future they will be looking at more ways to raise funds to continue to grow the parade.

                                   

2.  National Grid (by Assistant Mayor Rose)

Assistant Mayor Rose stated that there are some lights out there which are not red capped but which continue not to work.  The city is paying for those lights anyway even though they don’t work and National Grid is not responding to the repair calls. He asked how much the City was paying and if they could not pay that portion of the bill since the lights are currently working.

The City Manager stated the amount varies depending on wattage and size.

Assistant Mayor Rose asked that the City conduct a survey and not continue to pay for light which National Grid has not repaired. 

The City Manager stated they would look into the issue and provide a list.  

 

                                    3.  Street Sweeper Update (by Councilman Cunha)

Director Coutu was called to podium.

He was asked to please explain the schedule for the street sweepers as Councilman Cunha has not seen any near the center of the city.

Director Coutu stated that when the schedule was established the main roads were to be done in the spring and fall.  The side streets were to be completed after all the main streets were done in the spring.  As of right now, all streets have been done.  

Councilman Cunha asked why can't the sweepers run all year long from spring to fall.

Director Coutu stated they do run more following storms and they do get them out and clean up when needed.

Councilman Cunha stated there is debris in the sewer lines clogging the lines on Waterman Ave, Vine Street and Anthony Street.  It’s the City’s duty to keep on top of this and the weed control in the City is ridiculous.  He states that people come to his house in the second ward and the median is embarrassing it’s completely overgrown with weeds.

Director Coutu stated that many of the islands belong to the State and they don't respond to the City when it’s requested.  The City has taken to cleaning their areas taking more and more on each year.  

Councilman Cunha stated that the City should go after the State until it gets a response.  The City should also address the weeds and debris in front of private homes where this is not being taken care of.   

The City Manager stated that the Buildings Division would issue a notice and enforce whenever there is a complaint, the City can address it.

Councilman Cunha stated that people who don't take care of their property won't complain and the City needs to find out what it can and then address those.  The City parks also need regular cleaning and he thanked Councilman Rose for his vigilance in bringing the City’s attention to the parks that need cleaning. 

 

                                    4.  Joint Meeting of City Council and School Committee (by Councilwoman Rossi)

Tuesday, September 24, 2013 at 7:00PM.

                                    5.  Community Event Announcements (by Councilwoman Rossi)

There will be a wine pairing at Carousel tickets are $30 each or 2 for $50, there will be 12 restaurants participating , there will be great raffle items.  Watchemoket Square Day Parade is coming up in October there will be an antique car show, a bazaar, activities and walking tours. The 1st annual pumpkin contest is also coming up with a fun photo area, a team tug of war, a scare crow contest and a penny social. There will also be the Holiday lighting of the Carousel and  Santa will be there  on December 7th as well as the third annual Winterfest.  Last last year they ran out of trees so people should get their orders in early.

 

                        D.  Report of School Committee Liaison

Anthony J Fereirra is called to the podium.

Councilwoman Rossi asks how is construction coming along.

Mr. Fereirra responds that the schools are scheduled to open on time. The high school is 95% done, Waddington is 80% done, Oldham furniture is just being moved today and they aer working to catch up on the regular maintenance.

 

                        E.  Introduction of Ordinances

 

                             1.  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:  Department of Public Works

Director Coutu explained they are trying to put in place a procedure when a water and wastewater customer requests an abatement due to an unknown toilet leak or a broken water pipe, when there is a sudden increase in the sewer charge which really stands out. Currently there is no way to grant this abatement.  This would be set up like a claims procedure where the final decision goes to the Council.  The request would have to be an increase of 33% or more.  Often times the City will go to inspect and they find the leak.  It would just address the sewer charge due to the excessive consumption.  Several customers are waiting.

Councilwoman Rossi asks if there is a fiscal impact statement attached.

Director Coutu states that there were about 12 customers which would amount to around $4500 if all were granted.  More could come forward since no current ordinance exists to remedy the situation currently.  The 12 are the total since last November.  East Providence is a little bit unique as many other cities and towns have water boards which deal with this.  The Narragansett Bay Commission does have an abatement process.  In this case it is not an abatement for the water charge but asking for relief on the sewer charge as technically not all that water went down into the sewer.

 

A motion to approve the ordinance for first passage is made by Assistant Mayor Rose, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous. 

 

3.  An ordinance pertaining to donations for Middle School Sports. 

 

AN ORDINANCE APPROPRIATING MONIES DONATED BY THE TAXPAYERS OF THE CITY OF EAST PROVIDENCE FOR THE PURPOSE OF SUPPORTING MIDDLE SCHOOL SPORTS

            SECTION I.  Any and all monies received by the City of East Providence in trust for the benefit of the Middle School Sports Program are monies donated for a specific purpose as designated by the donor pursuant to R.I. Gen. Laws § 45-2-3(10).  Any and all monies received in trust for the benefit of the Middle Schools Sports Program are not part of the “annual local contribution” as set forth in R.I. Gen. Laws § 16-7-23.

SECTION II.  Any and all monies received by the City of East Providence in trust for the benefit of the Middle School Sports Program are hereby appropriated for said purpose.  Upon the presentation of vouchers signed by the Superintendent of Schools or her designee, the Director of Finance shall disburse the amounts set forth in the vouchers to the extent that there are sufficient monies held in trust by the Director of Finance.

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

Requested by:  Director of Finance

Director Moore comes to the podium and explains when the City Council approved the checkbox there was not a policy for the schools to access the money. This ordinance sets up a designated account.

The City Manager asks  how it affects the maintenance of effort for the school district and Director Moore replies it doesn't it will not be added to maintenance of effort.

 

A motion to approve the ordinance for first passage is made by Councilwoman Rossi, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.

4.  An ordinance regarding 6 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.  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 (south side) from Grosvenor Avenue 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 (south side) from Grosvenor Avenue to John Street between 8:00 a.m. and 6:00 p.m., except Sundays and holidays

SECTION III.  Sec. 18-316 entitled “Parking time limitations–360 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 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

A motion to approve the ordinance for first passage is made by Councilwoman Rossi, there is not second on the motion.

Councilman Cunha states that this is his ward and he was not consulted.

Mayor Briden states that when the Council enacts an ordinance, if it is not that Council person’s   ward the better way is to speak with that Council member prior.

Councilman Cunha states he is not for the 6 hour parking because there is a bus stop there and he don't feel this is a good decision and several businesses have complained to him about the possible change.

 

A motion to deny the ordinance is made by Councilman Cunha, seconded by Assistant Mayor Rose and on a roll call vote the motion passes 3-2 with Councilwoman Capobianco and Councilwoman Rossi voting Nay.

Assistant Mayor Rose requests unanimous consent to give a statement and unanimous consent is granted. 

Assistant Mayor Rose stated there were two fires recently and he was present at the Inferno Pellet fire and he was very impressed w the Fire Department.  Adding they were working so well and it was run very smoothly.  No one was hurt.  Today there was another fire and they did a phenomenal job.

 

A motion to adjourn is made by seconded by and on a roll call vote it is unanimous.

 

Approved By Council:  September 17, 2013

 

Attest:  __________________

                   City Clerk