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CITY OF EAST PROVIDENCE

RHODE ISLAND

JOURNAL OF REGULAR COUNCIL MEETING

March 4, 2014

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

7:00 P.M. Executive Session - Claims 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) & (5)

A.                New Claims

1.      Bruce Atwell

2.      Kimberly Dias

3.      Joseph Ptaszek

4.      Terry Thompson

5.      Johanna Quarttrucci

6.      Quincy Mutual Fire Ins. Co. Insured:  Nelia Linhares

7.      Basem & Christina Wali

 

B.                 Miscellaneous

1.      Elaine Briggs

2.      Shirley Fleming

3.      Leo & Sandra Paquette

 

 

II.                CALL TO ORDER Video

 

Mayor Briden calls the meeting to order at 7:50PM.

           

III.             SALUTE TO THE FLAG Video

 

IV.             TO APPROVE THE CONSENT CALENDAR Video

 

A.        Letters

1.  Notice of New Property Number from:  17 Breeze Avenue, Map 513, Block 33, Parcel 036.00, Zoning R4 to:  70 Crescent View Avenue for:  Diane M. and Thomas A. Aitkens. 

 

2.  Notice of New Property Number from:  14 Breeze Avenue, Map 513, Block 33, Parcel 029.00, Zoning R4 to:  82 Crescent View Avenue for:  Paul G. and Melissa M Platt. 

 

3.  Notice of New Property Number from:  22 Breeze Avenue, Map 513, Block 33, Parcel 031.00, Zoning R4 to:  74 Crescent View Avenue for:  Susan Olive. 

 

Councilwoman Rossi requested to meet with the City Manager and remove item #3 from the Consent Calendar. 

 

4.  Notice of New Property Number from:  18 Breeze Avenue, Map 513, Block 33, Parcel 030.00, Zoning R4 to:  78 Crescent View Avenue for:  Daniel A. DaRocha. 

 

5.  Notice of New Property Number from:  111 Crescent View Avenue, Map 513, Block 33, Parcel 038.00, Zoning R4 to:  66 Crescent View Avenue for:  Robert & Helen Foulkes. 

 

6.  Notice of New Property Number from:  2 Beach Point Drive, Map 513, Block 36, Parcel 001.00, Zoning R4 to:  6 Beach Point Drive for:  Sally Johnson and Curtis Betts. 

 

B. Alcoholic Beverage Class F

 

1.      Our Lady of Loretta, 346 Waterman Avenue (02914), Macaroni Dinner, March 16, 2014, Terence F. Owens.  

 

2.      Sacred Heart Church, 118 Taunton Avenue (02914), Dinner, March 8, 2014, Father Peter DiTullio, S.C. 

 

A motion to approve the Consent Calendar minus item #3 under “Letters” is made by Assistant Mayor Rose, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous. 

           

V.                PUBLIC COMMENT Video

 

1.      Freddy Rybka – Salary

2.      Freddy Rybka – Waterfront Drive

3.      Tom Riley – Salary Increases

4.      Tom Riley – Pond View/Kenlin How Much Money?

 

VI.             PROCLAMATIONS AND PRESENTATIONS Video

 

A.    Presentation by H & R Block for Community Programs for City of East Providence (Requested By Mayor Briden)

This item was deferred at H & R Block’s request. 

B.     Vinagre Energy - Solar Opportunities for City Buildings Presentation (Requested By Councilwoman Rossi)

This item was withdrawn until Vinagre Energy contacted the City again.

C.     Presentation and Discussion Relative to Water Projects and Rates (by Director of Public Works Steve Coutu)

Director of Public Works, Steve Coutu provided a power point presentation similar to the one provided to Council during the previous workshop.

Councilwoman Rossi showed a view of a coupon from the piping to be replaced which was provided to her from the Director of Public Works.

 

Mayor Briden stated this was a good presentation and he had requested this be brought to the Council meeting following viewing it at the recent workshop, in order to allow better viewing for the public. He requested the Fiscal Advisor review and advise the Council on the project as it relates to funding.  Adding the Council wants to provide due diligence on the matter. 

 

Director Coutu explained the timeframe is tight as the bonds need to be issued by the end of April.  The next Council meeting would require an ordinance for first passage, one ordinance for the water rates and one ordinance, which Bond Council would draft, for the bonds as required by Clean Water Finance.

 

D.    EPLED, Erik Denault (Requested By Councilman Cunha)

This item was deferred to the next meeting at Erik Denault’s request. 

 

VII.          APPOINTMENTS Video

A.                Conservation Commission Re-Appointment (by Councilwoman Rossi)

Lorraine Nik, 238 Terrace Avenue (02915)

 

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. 

VIII.       LICENSES REQUIRING PUBLIC HEARING Video

A.                Second Hand Miscellaneous – Change of Location

Christiano Barbosa DBA EP Pawnbrokers, 337 Warren Avenue (02014), Christiano Barbosa, 30 Roma Street (02914)

 

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

 

B.                 Pawnbroker – Change of Location

Christiano Barbosa DBA EP Pawnbrokers, 337 Warren Avenue (02014), Christiano Barbosa, 30 Roma Street (02914)

 

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

 

 

IX.              LICENSES  NOT REQUIRING PUBLIC HEARING Video

 

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

 

 

A.                Vict/Not Over 50

Justo G. Valest DBA Matador, 521 Bullocks Point Avenue (02915), Justo G. Valest, 15 B Rice Street, Warwick (02886)

 

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

 

 

X.                PUBLIC HEARING – SHOW CAUSE HEARING Video

(Council sitting as Licensing Commissioners)

 

A.                DL Enterprises, Inc. DBA East Bay Tavern, 305 Lyon Avenue (02914), Denise Laidlaw. 

 

Attorney William Maaia present representing East Bay Tavern. 

Attorney Maaia states the preliminary discussion and procedures act provides at any time, before actually going into presentation, a preliminary hearing to discuss a resolution to eliminate the need for a hearing and to find an action appeasable to all.  This would be in collaboration with the Mayor and the Solicitor and is what he is proposing.  This would take place right now and they would report back to the Council by end of the meeting.  At that time, the Council can make a decision whether to accept.

 

Councilwoman Rossi stated she was prepared to sit through a full blown hearing as this is an extremely serious issue and she would rather hear it all.  She is in favor of a full hearing.

 

 Assistant Mayor Rose stated he is in favor of a full hearing as well.

 

Mayor Briden stated a full hearing is still available to the Council if the proposal which comes back to the Council is not acceptable.   He added the Council would be no worse off by allowing the attorney and a representative from the Council to discuss this.

 

Assistant Mayor Rose asked why this had not been discussed before the meeting instead of taking place during the meeting.

 

The Solicitor stated the Chief has been in discussion with the attorney for DL Enterprises as well as himself but this discussion would include the Licensing Commission.  This would be a way to expedite the process and all would be subject to the approval of the Licensing Commission.

 

Attorney Maaia stated there were a number of hours of work expended going through the reports and information prior to the hearing and the Chief had to put those together and that is why it took long and is why there are discovery rules.

 

Councilwoman Rossi stated she doesn’t know if it is a motion that is needed or a general consensus but she wants to hear all the facts and hold a discussion and wants to exercise her right to do so. 

 

Councilman Cunha stated this is a good point and added he too feels that is it the pleasure of Council to proceed with the hearing.

 

Chief Tavares was called to the podium to present the case for the City.

 

Lieutenant David also came forward to present. 

 

Lt. David stated the Chief requested the Show Cause Hearing based on a series of incidents which have taken place at the Tavern.  The latest of these incidents was February 6, 2014 just prior to midnight when the stabbing occurred.  EPPD received a call from the Providence Police who responded to a call from Hasbro Hospital regarding a stabbing victim.  Two East Providence Police officers responded to investigate and found the victim of the stabbing.  The victim was uncooperative and intoxicated.  However, he stated the stabbing occurred in the City of East Providence at East Bay Tavern.  The officers wrapped up at the hospital, as the victim did not want to press charges.  They continued the investigation into East Providence.  Prior to arriving at East Bay Tavern other officers were already deployed to that location.  The initial call was 12:25pm on February 7th.  At 12:42pm, the dispatcher received a call from the establishment making mention that they were requesting an officer to disperse a crowd but no mention about the disturbance.  The officer was walking into a blind situation.  When he arrived, he knew the investigation was underway for a stabbing having heard it on the way.  The officer met with Mr. Taigue and asked how things were and was told it was a good and busy night and gave no report of a disturbance.  

 

This point is of particular concern to Chief Tavares.  Officers interviewed workers and asked to see the videos inside and outside the building.  While there was some hesitation in how the camera system worked by staff, the officer was tech savvy and was able to get the camera working.  The camera was off on time by an hour.  They viewed the attack take place which will be shown by video as part of this hearing.  The attack takes place and the camera will show the individual on the ground, patrons and friends and staff workers come to his aid including Mr. Taigue.  The victim is lifted up and is assisted out of the establishment.   His feet are dragging as he is being lifted out.   No one called the police to report that disturbance.  Mr. Taigue denied knowing there was a stabbing.  A rescue should have been called, 911 should have been called, this isn't the first incident and the police are continuing to investigate the incident.  Several people have been charged with disorderly conduct and the actually felony assault has not been accomplished due to lack of response of witnesses, noting number of which are gang members and have gang affiliations.  There were a number of advertisements on the radio to come over the bridge from Providence to East Providence for live entertainment and open mic rap karaoke.  This is no longer a neighborhood bar.  There is a lack of forthrightness on behalf of Mr. Taigue.   The Chief stated that he always tries to work with businesses and met with Mr. Taigue several times even though there were incidents on a regular basis but sometimes they were small.  However, he added, they don’t want to babysit the place but they are there to help.  

 

The Solicitor refers to documents submitted for the record by the Chief and the Council votes unanimously to submit these for the record: the notice of the show cause hearing prepared by the City Clerk, the docket for the original hearing date and this evening’s docket documents from the incident of February 6-7, 2014.  The attorney for the defense confirms these are the same as submitted.  

 

Attorney Maaia states that some of the incidents and calls for service which were given to him by the City, go back to 2010 and if the City did not report other establishments in the past 3 years then this is not relevant, noting that on volume alone he has not had the ability to review. Attorney Maaia again objects to those being submitted as some are just pass bys which would happen at any establishment and are not relevant and not part of this hearing and also that there was not enough time to examine them. 

The Council votes to accept the documents for the record. 

 

Officer Pendergast testifies as to his dispatch to hospital and follow up at liquor establishment. The official report is submitted for the record and Council votes to accept.  

 

Officer Oney testifies as to his dispatch to the establishment.

The official report is submitted for the record and Council votes to accept.  

 

Lt. David testifies and shows the video from the evening and the incident.

The official report is submitted for the record and the video thumb drive is submitted for the record and the Council votes to accept.  

 

Chief Tavares recommends a 30 day suspension.

 

Councilwoman Rossi asks if a large stack of papers which are all calls for service to the establishment.

The Chief states this is correct they are formal reports, accidents, incidents, calls for service, from the establishment and not from the establishment, bench warrants, disturbances and from fights to major events.

 

Mayor Briden notes that backpacks are observed in the video. 

 

Lt David states this is concerning to police.  They could carry alcohol and/or weapons.

 

Mayor Briden adds that when viewing the video, groups of patrons are coming in together in what might be viewed as gang activity.

Lt David stated that 5 males gather and take steps that in his opinion are in preparation of an altercation.  Transferring a backpack to a female and putting down drinks in a systematic conspiracy. 

Mayor Briden asked Lt David if there is a stabbing in an establishment is there a law that requires an establishment to call the police.

Lt David stated that it is their duty to render aid to the individual.

 

Councilwoman Rossi asked if the Council could request Lt. Garo to come to the podium to testify to past dealings.   

Attorney Maaia objected to anyone providing testimony which he had not received notice of in advance. 

Mayor Briden stated he would like to hear from Lt. Garo and the Council agreed. 

 

Assistant Mayor Rose asked Lt Garo to explain his past experiences with the establishment.   

 

Lt. Garo discussed the management model that is in place at the establishment noting it is not cooperative with East Providence Police and rescue.  Adding they are evasive and have an inability or unwillingness to provide any kind of public safety assistance.

 

Attorney Maaia objected to the conclusions being drawn without fact and asked if there was a report or if this was just a random opinion.

 

Lt Garo submitted a cover report from last February which also included 34 police reports, arrests and incidents.

 

Attorney Maaia took to the stand. He stated the matter is not a pleasant one, it is serious to both he and his client and to the Council and Police.  Adding that nothing he states is meant to be disrespectful but it is a show cause hearing not only for police to show cause but also to allow his client due process and to be represented to ask questions and refute allegations and explain and separate what is opinion and what is fact.

On the document dated 2/12 officer and witness statements by Sgt Michael Micitus there are 16 video cameras in the facility.  He asked to draw attention to page 2 which indicates the video does not show anything but the person being assaulted and does not show any weapon or knife and referring to it as a stabbing 20 times doesn't make it a fact.  The next officer’s statement, Michael Pendergast, could not identify the primary aggressor or observe anyone getting stabbed. Sgt Michael Grant took Mr. Taigue's statement on 2/12 and in Mr. Taigue’s statement regarded the victim walking away up the stairs and his conclusion was that the victim injured his leg and was intoxicated.  Lt Michael David, although the video is not definitive appears to be consistent with a knife but this cannot be completely identified.  Patrolman Pendergast stopped Mr. Tague and asked him what occurred and he said he couldn't see all that happened but an employee may have seen more.  Patrolman Jay Oney initially stated that Mr Taigue stated that he thought the altercation was not in his establishment and there is a reference to the victim’s legs being lifeless and that he was dragged out of the tavern much like being dragged out intoxicated and being helped.  Sgt Chris Fransisconi stated yes, there was a scuffle and reports that Mr. Taigue routinely calls into the dispatch and in that pile it contains calls from him.  The wounds on the victim were minor in nature. The Chief’s report is interesting because when there was concern he reached out to Mr. Taigue and there was cooperation and Mr. Taigue did continue to call the dispatcher. But what disconnected that night was that he didn't call.  Later, Mr. Taigue calls the police to disperse the crowd. In the past, the establishment was never fined or convicted in a legal term they were sanctioned.  They were cautioned and warned.  They have been open for 8 years. The fact is this is a first offense. He added that if he pulled other establishments files they too could have a pile of calls.

 

Mr. Taigue took the stand. Stating he has been at the establishment for 8 years as manager. He confirms they have received no fines.  They advertise on Hot 106 and have had a DJ for 5-6 years. They discontinued the DJ Thursday and Saturday nights and took the ad off the radio right away. They had police details Saturday night and closed earlier.  He stated he did not at all know there was a stabbing, he thought the person was intoxicated and had hurt his leg and his brother was helping him adding he didn't know the seriousness of it.  The Chief should be mad if he thought I did but I have no problem calling right away.  

Attorney Maaia stated that if this Council deliberates and decides sanctions, the severity and reasonableness should be based on the severity of the conduct. The Statute only goes back 3 years Section 3-5-21 is the charge and the statute provides the sanctions and there are various court cases dealing with the statute.  Mr. Taigue would like to improve the situation and change the clientele.  Look at the cases which were appealed for unreasonable sanctions. It states the State Liquor Control Board can grant a stay to a business upon appeal.  He adds that there have been no neighbor complaints and there are no homes closer than 2 baseball fields.

 

Mayor Briden asked Mr. Taigue about the smell of bleach.  Mr. Taigue stated this came from the men's room as there was a toilet issue and the bleach spilled on floor.  

 

Councilwoman Rossi asked how far the bathroom was from door.  Mr. Taigue stated it was at the other end of the establishment. 

 

Councilman Cunha asked the Chief if there were 30 calls so far in 2014.  The Chief responded yes, 30 calls for service whether from the establishment or someone else.

 

 Mayor Briden stated he made the following observations or findings:

1. There were steps taken after 9/13 but still problems existed as to the fact that the establishment is still a disorderly house.

2. The temporal sequence is most troubling in the video, the environment, lack of control and it seemed like a systematic attack on an individual.  He is not convinced changes are going to fix the disorderly house particularly with what he observed in the video.

 

Assistant Mayor Rose agreed. 

 

Councilwoman Capobianco stated that the people in the establishment just kept drinking and dancing and this was very disturbing. 

 

Councilman Cunha stated the person was on the floor for several minutes and needed assistance to leave.

 

Assistant Mayor Rose states in a motion that he wants to revoke the license, Councilwoman Rossi seconds the motion on a roll call vote it is unanimous.   

 

Assistant Mayor Rose states that if another hearing is to take place he would like the City to call on Assistant Solicitor Craven for help.

 

Attorney Maaia stated that according to the statute the response for a stay and appeal must be in writing to the State Board of Liquor Control within 24 hours.

 

Mayor Briden asked Attorney Maaia to work with Solicitor Chapman on this. 

 

XI.             PUBLIC HEARING – ORDINANCES FINAL PASSAGE Video

 

A.  An ordinance regarding the City adopting the State Building Code as amended.

AN ORDINANCE IN AMENDMENT OF CHAPTER 4 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “BUILDINGS AND BUILDING REGULATIONS.”

SECTION I.  Subsection (a) of Section 4-1 entitled “Building code adopted” of Article I entitled “In General” of Chapter 4 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Buildings and Building Regulations” is hereby amended to read as follows:

(a)    The city hereby adopts the State Building Code, as amended, as the building code of the city.

 

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 Councilwoman Rossi, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous. 

 

Council agrees to extend the meeting by 15 minutes. 

XII.          NEW BUSINESS

 

A.                City Managers Report (by Acting City Manager, Paul Lemont) Video

1.      Request for approval of renovations/upgrades to the Carousel Park Concession Stand

 

A motion to approve the repairs and construction to the clam shack via the contract, for a total of $50,000 in repairs which the RI Health Department states must take place or the facility cannot open and in conjunction with a 10 year lease with Blount Seafood, subject to approval of the lease by the City Solicitor and City Manager with a return final vote to Council for approval and without the use of City funds for the repairs is made by Councilwoman Rossi, seconded by Councilman Cunha and on a roll call vote it is unanimous.  

 

B.                 Report of Other City Officials Video

1.      Claims Committee Report (by 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 4, 2014; 7:00 P.M.; ROOM 101

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

NEW CLAIMS

BRUCE ATWELL                                                                           $4002.17

RM No. 14-011, Claim No. 14-014

Claim for property damage to vehicle sustained as a result of an accident with a City vehicle.  Recommend referral to the insurance carrier.

Motion by:  Councilwoman Rossi                    Seconded by:  Councilman Rose

Motion:  Refer the claim to the insurance carrier.

 

VOTE

MAYOR BRIDEN

COUNCILWOMAN CAPOBIANCO

COUNCILMAN

CUNHA

COUNCILMAN

ROSE

COUNCILWOMAN

ROSSI

Aye

 

Nay

 

 

 

 

 

Abstain

 

 

 

 

Absent

 

 

 

 

 

 

KIMBERLY DIAS                                                                      Unspecified

RM No. 13-097, Claim No. 14-010

Claim for personal injuries sustained as a result of a slip and fall on the sidewalk adjacent from Village Green South.  Recommend referral to the insurance carrier.

Motion by:  Councilwoman Rossi                    Seconded by:  Councilman Rose

Motion:  Refer the claim to the insurance carrier.

 

VOTE

MAYOR BRIDEN

COUNCILWOMAN CAPOBIANCO

COUNCILMAN

CUNHA

COUNCILMAN

ROSE

COUNCILWOMAN

ROSSI

Aye

Nay

 

 

 

 

 

Abstain

 

 

 

 

 

Absent

 

 

 

 

 

 

JOSEPH PTASZEK                                                                         $1900.00

RM No. 13-095, Claim No. 14-006

Claim for reimbursement of expenses associated with the installation of a water service pipeline.  See recommendation of the Director of Public Works.

Motion by:  Councilman Rose              Seconded by:  Councilwoman Capobianco

Motion:  Offer to settle the claim in the amount of $1500.00.

 

VOTE

MAYOR BRIDEN

COUNCILWOMAN CAPOBIANCO

COUNCILMAN

CUNHA

COUNCILMAN

ROSE

COUNCILWOMAN

ROSSI

Aye

Nay

 

 

 

 

 

Abstain

 

 

 

 

 

Absent

 

 

 

 

 

 

TERRY THOMPSON                                                                          $29.00

RM No. 14-012, Claim No. 14-012

Claim for property damage to a mailbox that was struck during snow plowing operations.  See recommendation of the Director of Public Works.

Motion by:  Councilwoman Rossi                    Seconded by:  Councilwoman Capobianco

Motion:  Approve the claim in the amount of $29.00.

 

VOTE

MAYOR BRIDEN

COUNCILWOMAN CAPOBIANCO

COUNCILMAN

CUNHA

COUNCILMAN

ROSE

COUNCILWOMAN

ROSSI

Aye

Nay

 

 

 

 

 

Abstain

 

 

 

 

 

Absent

 

 

 

 

 

 

JOHANNA QUATTRUCCI                                                          Unspecified

RM No. 14-013, Claim No. 14-013

Claim for personal injuries sustained when the claimant tripped over a City recycling bin in front of 1290 Pawtucket Avenue allegedly as a result of improper or lack of lighting.  Recommend referral to the insurance carrier.

Motion by:  Councilwoman Rossi                       Seconded by:  Councilman Cunha

Motion:  Refer the claim to the insurance carrier.

 

VOTE

MAYOR BRIDEN

COUNCILWOMAN CAPOBIANCO

COUNCILMAN

CUNHA

COUNCILMAN

ROSE

COUNCILWOMAN

ROSSI

Aye

Nay

 

 

 

 

 

Abstain

 

 

 

 

 

Absent

 

 

 

 

 

 

QUINCY MUTUAL FIRE INS. CO.                                                   $729.30

(INS: NELIA LINHARES)

RM No. 14-007, Claim No. 14-011

Claim for property damage sustained to insured’s vehicle as a result of an accident with a City vehicle.

Motion by:  Councilwoman Rossi                       Seconded by:  Councilman Cunha

Motion:  Approve the claim in the amount of $729.30.

 

VOTE

MAYOR BRIDEN

COUNCILWOMAN CAPOBIANCO

COUNCILMAN

CUNHA

COUNCILMAN

ROSE

COUNCILWOMAN

ROSSI

Aye

Nay

 

 

 

 

 

Abstain

 

 

 

 

 

Absent

 

 

 

 

 

 

BASEM & CHRISTINA WALI                                                            $866.00

RM No. 14-013, Claim No. 14-013

Claim for property damage to vehicle sustained as a result of striking a pothole on Brightridge Avenue.  See recommendation of the Director of Public Works.

Motion by:  Councilwoman Rossi                        Seconded by:  Councilman Rose

Motion:  Offer to settle the claim in the amount of $200.32.

 

VOTE

MAYOR BRIDEN

COUNCILWOMAN CAPOBIANCO

COUNCILMAN

CUNHA

COUNCILMAN

ROSE

COUNCILWOMAN

ROSSI

Aye

Nay

 

 

 

 

 

Abstain

 

 

 

 

 

Absent

 

 

 

 

 

 

MISCELLANEOUS

ELAINE BRIGGS                                                                                  $336.96

Request for a sewer charge abatement for the property located at 693 North Broadway in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilwoman Rossi                        Seconded by:  Councilman Rose

Motion:  Approve the abatement in the amount of $336.96.

 

VOTE

MAYOR BRIDEN

COUNCILWOMAN CAPOBIANCO

COUNCILMAN

CUNHA

COUNCILMAN

ROSE

COUNCILWOMAN

ROSSI

Aye

Nay

 

 

 

 

 

Abstain

 

 

 

 

 

Absent

 

 

 

 

 

 

SHIRLEY FLEMING                                                                            $484.30

Request for a sewer charge abatement for the property located at 55 Park Road in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilwoman Rossi                        Seconded by:  Councilman Rose

Motion:  Approve the abatement in the amount of $484.30.

 

VOTE

MAYOR BRIDEN

COUNCILWOMAN CAPOBIANCO

COUNCILMAN

CUNHA

COUNCILMAN

ROSE

COUNCILWOMAN

ROSSI

Aye

Nay

 

 

 

 

 

Abstain

 

 

 

 

 

Absent

 

 

 

 

 

 

LEO & SANDRA PAQUETTE                                                          $1,352.85

Request for a sewer charge abatement for the property located at 45 Bent Road in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilman Rose                  Seconded by:  Councilwoman Capobianco

Motion:  Approve the abatement in the amount of $1,352.85.

 

VOTE

MAYOR BRIDEN

COUNCILWOMAN CAPOBIANCO

COUNCILMAN

CUNHA

COUNCILMAN

ROSE

COUNCILWOMAN

ROSSI

Aye

Nay

 

 

 

 

 

Abstain

 

 

 

 

 

Absent

 

 

 

 

 

 

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

 

                       

                        C.        Council Members Video

1.  "Draft of Corporate Sponsorship Program" (by Mayor Briden)

This was deferred to the next docket. 

2.      Tax Year Alignment (by Mayor Briden)

This was deferred to the next docket. 

3.      Local Business Fair and Spotlighting Local Businesses (by Assistant Mayor Rose)

This was deferred to the next docket. 

4.      Request for report from Housing Conference (by Assistant Mayor Rose)

This was deferred to the next docket. 

5.      Questions Regarding Ray Blinn’s Public Comments (by Councilman Cunha)

Councilman Cunha states there are a number of Human Resource complaints and an active law suit and he has been asking the Acting City Manager about these issues and has received no reports to Council. This situation is festering without a resolution.  People have a right to know and he is asking the City Manager for a report as individual police officers are appearing here, at Council meetings, to speak about the work environment at the police department. This division needs to be worked out the Council expects and demands it.

 

6.      Requesting for a Traffic Study to change Summit Street to a One Way  (by Councilman Cunha)

This was deferred to the next docket. 

7.      Full and complete update on the Fire Station constructions (by Councilwoman Rossi)

This was deferred to the next docket. 

8. City Manager Search (by Councilwoman Rossi)

This was deferred to the next docket. 

 

D.        Report of School Committee Liaison

 

E.        Introduction to Ordinances Video

                        1.         An ordinance regarding an amendment to taxation to adhere to state law. 

AN ORDINANCE IN AMENDMENT OF CHAPTER 16 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “TAXATION”

SECTION I.  Subsection (d) of Section 16-16 entitled “Authority of city assessor” of Article II entitled “Property Exemption for Veterans and Persons 65 Years of Age and Older” of Chapter 16 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Taxation” is amended to read as follows:

(d) A transfer by the property owner of the real property into a living trust wherein the property owner is the settlor and trustee of such trust shall not result in the loss of the exemptions provided in this article so long as all other requirements are proven in accordance with sections 16-17 through 16-19.   The following transfer by the property owner of real property shall not affect the exemption of those individuals if:

(1)  The owner transfers an ownership interest in the property while retaining a life estate in the property; or

(2)  The owner transfers an ownership interest while leasing the property back but only where the lessee was the owner of the property prior to the transfer to the lessor; or

(3)  The owner transfers the property to a revocable or irrevocable living trust, if and so long as the otherwise eligible individual resides in such property and the otherwise eligible individual or the trustee is legally obligated to pay property tax on such property by contract, by agreement, by the terms of the trust instrument, or otherwise by law.  The provisions of this section shall be applicable to any such transfer, regardless of when the transfer is made.

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

Requested by:  Tax Assessor

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. 

 

            2.         An ordinance regarding no parking on South Broadway (west side) from a point 265 feet south of Seth Street southerly for a distance of 70 feet

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS 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 18-307 entitled “Parking prohibited at all times.” of Article X entitled “Stopping, Standing and Parking.” of Chapter 18 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Vehicles and Traffic.” is amended by adding thereto the following:

            South Broadway (west side) from a point 265 feet south of Seth Street southerly for a distance of 70 feet

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 first passage is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote it is unanimous. 

3.           An ordinance increasing the salary of members of the City Council.

AN ORDINANCE INCREASING THE ANNUAL SALARY  OF THE CITY COUNCIL PURSUANT TO SECTION 2-3 OF ARTICLE II OF THE CITY CHARTER

SECTION I.  The annual salary of each City Council member shall be increased to $6,000.00.  The annual salary of the Mayor shall be increased to $7,000.00.

SECTION II.  This ordinance shall take effect on the inauguration of the next elected City Council and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.

Requested by:  Assistant Mayor Rose

A motion to defer this ordinance is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote it is unanimous. 

                        E.        Communications

 

1.      Norma L. Brown-Annis, 153 Hoppin Avenue, requesting to address the Council regarding, City car taxes and the status of abandoned properties in Riverside. 

 

This item was deferred to the next docket at Ms. Brown-Annis’s request. 

 

XIII.       ADJOURNMENT Video

 

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

 

Approved By Council:  April 15, 2014

 

Attest:  _______________

                  City Clerk

 

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