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CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
September 2, 2014
Council Chambers, City Hall, 145 Taunton Avenue, East Providence, RI 02914
6:45 P.M. Executive Session, 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. Claims
1. Kirsten Charette
2. Jason Vitorino
B. Litigation
1. GeoNova Development Co. vs. City of East Providence C.A. No. 09-5341
C. Sewer Abatements
1. Angela Chiarini
2. Margaret Thomas
Mayor Briden calls the meeting to order at 7:43PM
A. Letters
1. Notice of Public Hearing Providence Zoning Board of Review 338-350 Allens Avenue. Notification that Cumberland Farms, Inc. has filed for a variance to utilize a 6,000 gallon mobile trailer and an 11,000 mobile container to refuel its fleet these containers will contain liquefied natural gas. By law those in a 2 mile radius are to be notified of this hearing and the two mile radius would include a small portion of the City of East Providence. The hearing will be held on Wednesday, September 3, 2015 at 5:30PM at the Joseph A. Doorley Municipal Building, 444 Westminster Street, Providence, First Floor Conference Room.
B. Cancelation/Abatements
| Year | |
| 2014 | $91,967.39 |
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| Total | $91,967.39 |
C. Council Journals
1. Regular Council Meeting August 19, 2014
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. Ken Goucher – Water Meter
The City Manager calls Director Coutu to the podium regarding selling meters. Director Coutu states all meters up to 2 inches in diameter are owned by the City and they don't sell.
B. Brian Coogan – Horton’s Seafood
Councilman Cunha asks Solicitor Chapman to explain what has transpired in Municipal Court regarding this case.
Solicitor Chapman responds that a trial has been set for 10/25 and Assistant Solicitor Dias does get direction from the Solicitor and he is doing his job. Back in December of 2012 Mr. Andreoni assigned this item to Assistant Solicitor Craven for prosecution and they have gone out of our way to try to assist the business. They know what they have to do to correct the situation and have chosen not to do it. The Municipal Court Judge will decide. There are building, zoning and fire violations.
Mayor Briden calls a 5 min break and instructs Mr. Coogan he can come back up.
The City Manager stated that Mr. Coogan’s father in law, who owns the property and his attorney John Howard can sit with him and the Solicitor and the Fire Chief and for Mr. Coogan to have him give the City Manager a call and they will sit down and talk about it.
C. Brian Castro – Horton’s Seafood
D. Freddie Rybka – Abandoned Properties
E. Tony Ferreira Consolidated of Event Funds
F. Milfred Champlain – Horton’s
G. Chrissy Rossi – Horton’s Seafood
H. Tom Riley – Horton’s Seafood
A. Historic District Commission (Assistant Mayor Rose)
Dean Martineau, 195 Brightridge Avenue (02914)
A motion to approve the Appointment is made by Assistant Mayor Rose, seconded by Councilwoman Rossi and on a roll call vote it is unanimous.
A. Private Detective
Stephen J. Enos, 56 Dover Avenue (02914)
Mr. Enos is sworn in and states he is here to ask for a private investigators license. He states he was a police officer for 30 years working in various fields including domestic assault and homicide. He adds he did have a license from 2006-2008 but he let it expire and did not need it at the time. He has been employed for the last 5 months with an investigative firm and he is asking to obtain the license now.
A motion to deny the License is made by Assistant Mayor Rose, seconded by Councilwoman Rossi and on a roll call vote it is unanimous.
A. An ordinance amending tent permits.
A motion to dispense with the reading of the Ordinance is made by Councilwoman Rossi, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
AN ORDINANCE IN AMENDMENT OF CHAPTER 8 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE,RHODE ISLAND, 1998, ASAMENDED, ENTITLED “LICENSES AND BUSINESS REGULATIONS”.
SECTION I. Sec. 8-575 entitled “Tents for which license required—Application and issuance” of Article XXI entitled “Tents” of Chapter 8 of the Revised Ordinances of the City of East Providence, Rhode Island 1998, as amended, entitled “Licenses and Business Regulations” is amended to read as follows:
Sec. 8-575. Tents for which license required--Application and issuance.
No tent exceeding one hundred twenty square feet (120 sq. ft.) three hundred fifty square feet (350 sq. ft.) in area shall be erected, maintained, operated, or used in the City of East Providence until a license from the City Clerk of the City of East Providence is obtained. The license shall not be issued for a period exceeding thirty (30) days and shall be revocable for cause.
No license shall be issued until the provisions of the section have been complied with and approval has been obtained from the Police Department and Fire Department and a permit has been issued from the Building Official in accordance with the Rhode Island Building code.
Application shall be made on proper form and, when deemed necessary by the City, shall include plans drawn to scale, showing exits, aisles, and seating arrangements and details of the structural support of tent, seats, and platforms, etc. No license shall be issued until the provisions of this section have been complied with and approval has been obtained from the building department, the police department, the fire department, and, when tents are to be used for fifty (50) or more persons, from each and every department having jurisdiction over places of assembly.
For the purposes of this section, the fire marshal shall have no jurisdiction over tents on the property of one or two (2) family private dwellings. Nothing contained in this section shall prohibit the fire marshal from requiring a license for a tent smaller than three hundred fifty square feet (350 sq. ft.) where other sections of the fire code deem it necessary, including but not limited to use, occupancy, opening, exposure, an increase in occupancy of a commercial establishment and any other similar factors.
The cost for this license shall be $10.00.
SECTION II. This ordinance shall take effect upon its second passage and all ordinances or parts of ordinances inconsistent herewith are hereby repealed.
City Clerk of the City of East Providence, Rhode Island
Requested by: Councilman Rose
A motion to approve the Ordinance for final passage is made by Assistant Mayor Rose, seconded by Councilwoman Rossi and on a roll call vote it is unanimous.
A. City Managers Report (by Acting City Manager, Paul Lemont)
1. Roofing Issues – Odd Fellows Home, Pierce Field
The City Manager states the Council directed him to get quotes to button up Odd Fellows roof. He has a bid which would involve a crane working from a bucket truck and the price is $60,000. Two members from preservation have come in and talked about the building. If that building is to be saved and resurrected it will need a brand new heating and electric system.
He asked if the Council wants him to proceed.
Councilman Cunha asked if he could find out how much it costs to fix the roof completely and was there an association to reach out to.
Director Boyle was called to the podium and stated there isn't a central Odd Fellow Association to reach out to. Some are still in existence but not a central one. She reached out to the architect and other communities she spoke to the planner in North Kingstown who worked in Newport and received some ideas of different funding sources as well as sources of funding the actual amount of a full renovation. Depending on the end use it is hard to attract businesses in its current condition and specialized uses and it will take some time.
Assistant Mayor Rose states it might be best cost wise to knock it down completely.
The City Manager added they could put it out for sale.
Assistant Mayor Rose added this is going on meeting after meeting and time goes on its getting worse.
Director Boyle stated they have not done anything to package and promote the sale as they received the property through a tax sale 3 months ago and they just got the study completed. If the Council patches the property this will give them time to try to package the property and go out to RFP much more aggressively. The end use and possible purchase for the property, as well as, parking issues to find a way to enhance marketability.
Assistant Mayor Rose asked to have the cost clarified for patching vs a full roof.
The City Manager stated they will do that for the next meeting.
As an aside to this discussion the City Manager mentioned to the Council the IT Department is going to move from City Hall to Sweetland House when the Fire Department leaves. Sweetland needs work it has rotted sills and the paint is peeling. Even though the police have offices there it is not ideal to work there and the City will be fixing it up.
2. Request for Qualifications Recreation Development Grant Silver Spring and Central Avenue Playground
A motion to approve is made by Councilwoman Capobianco, seconded by Councilman Cunha and on a roll call vote it is unanimous.
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 Cunha and seconded by Councilman Rose 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, SEPTEMBER 2, 2014; 7:00 P.M.; ROOM 101
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NEW CLAIMS
CHARETTE, KIRSTEN $1,294.85
RM No. 14-066, Claim No. 14-049
Claim for property damage to vehicle sustained as a result of striking a utility cover on Grove Avenue which was under construction at the time of the incident. See recommendation of the Director of Public Works.
Motion by: Councilman Rose Seconded by: Councilman Cunha
Motion: Refer the claim to Cardi Corporation.
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VOTE | MAYOR BRIDEN | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CUNHA | COUNCILMAN ROSE | COUNCILWOMAN ROSSI |
| Aye | √ | √ | √ | √ | √ |
| Nay |
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| Abstain |
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| Absent |
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VITORINO, JASON $224.27
RM No. 14-064, Claim No. 14-048
Claim for property damage to vehicle sustained as a result of striking a utility cover on Grove Avenue which was under construction at the time of the incident. See recommendation of the Director of Public Works.
Motion by: Councilman Rose Seconded by: Councilman Cunha
Motion: Refer the claim to Cardi Corporation.
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VOTE | MAYOR BRIDEN | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CUNHA | COUNCILMAN ROSE | COUNCILWOMAN ROSSI |
| Aye | √ | √ | √ | √ | √ |
| Nay |
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| Abstain |
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| Absent |
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SEWER CHARGE ABATEMENTS
TAYLOR DRIVE ASSOCIATES $1,273.57
Request for a sewer charge abatement for the property located at 40 Patton Road in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilwoman Capobianco Seconded by: Councilman Cunha
Motion: Approve the sewer charge abatement in the amount of $1,273.57.
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VOTE | MAYOR BRIDEN | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CUNHA | COUNCILMAN ROSE | COUNCILWOMAN ROSSI |
| Aye | √ | √ | √ | √ | √ |
| Nay |
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| Abstain |
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| Absent |
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MARGARET THOMAS $356.31
Request for a sewer charge abatement for the property located at 21 Derman Street in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilman Cunha Seconded by: Councilwoman Capobianco
Motion: Approve the sewer charge abatement in the amount of $356.31.
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VOTE | MAYOR BRIDEN | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CUNHA | COUNCILMAN ROSE | COUNCILWOMAN ROSSI |
| Aye | √ | √ | √ | √ | √ |
| Nay |
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| Abstain |
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| Absent |
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A motion to approve the Claims Committee Report is made by Councilman Cunha, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
C. Council Members
1. Online Content Developer (by Mayor Briden)
Mayor Briden stated that it was a good presentation and a good idea. The City needs to market itself in certain ways that would be beneficial. He put this on the agenda to raise the point and to look at a less expensive way to accomplish this. First to look to see if IT can handle this function with existing staff or employ or hire an independent contractor or have a part time position perhaps 19 hours a week which is not required to have benefits and this may still accomplish our objectives. It’s a great idea and he would just want to see this added to the analysis.
2. Kent Heights Athletic Fields (by Assistant Mayor Rose)
Assistant Mayor Rose stated at the previous School Committee meeting they were speaking about a company called Bayside and the School Department was pushing them away from being at the high school. The Bayside Association would come in and help expand the fields which they would be leasing but the City would still have first right to the field. Other cities and towns do use this company and he would like the City Manager to look into this further.
3. Moving of the Vietnam War Memorial (by Assistant Mayor Rose)
Assistant Mayor Rose stated that the war memorial is not being taken care of on the State property. The EP Battle Monument Foundation has been looking for a location on Veterans Memorial Parkway. He added that he met with the City Manager, Director Boyle and Director Coutu to discuss this. He would like to move the monument soon and the Battle Foundation would pay to replace the flag pole and put up new halyards.
Additionally, there was discussion about making the park on Veterans Memorial Parkway a Veterans Memorial Park.
Councilwoman Rossi asks for quick recess and this is granted.
4. Old Oldham School Property (by Councilwoman Rossi)
Councilwoman Rossi provided history on the property and reminded the Council they gave a 5-0 vote to approve utilizing the space for the Recreation Center. Following the vote the administration took a tour and there were some question regarding space and issues were raised. We have also found out the numbers of children are going up not down in the School Department and therefore she has not pushed this issue in case the school needs to be reopened. However, the longer this is left unutilized the worse it is for the community and the building.
She is asking to move forward and to move the recreation center to this location in January. She would like in the next few months to get solid bids on the cost. If the City is going to save the building getting a quote and finding a source of revenue is vital. Originally when presented the voters in EP approved not once but twice to go out to bond for the construction of a recreation center. She added we need to get creative and get the building habitable.
The City Manager stated there are life safety issues and the Fire Chief can discuss these and he called the Fire Chief to the podium. The Chief itemized his fire safety concerns.
School Committee member Tony Ferreira spoke and stated the school isn't going anywhere because he is one vote saying it’s not and he doesn’t want the school to be a recreation center. There is not enough room in the schools where the students are now. We have no idea how much the new editions to the schools are going to cost compared to what it would cost to bring this school up to par.
Councilwoman Rossi stated that we still need to move our recreation center and it is not something she feels can wait for the School Committee to make a decision. Prior to this she didn't know and wouldn’t have spoken about the building if she thought the school department wanted to keep it. If that is the case then it is a game changer. She addedwould never take anything from the school department that is needed. The search will continue for a new space for the recreation department.
D. Report of School Committee Liaison
School Committee Liaison Tony Ferreira spoke regarding the fact that schools open in 2 days. They are 95% ready to go though they still have some issues with counter tops at the science lab and a punch list of other items. 90 new doors will start installation in the middle of November and they have expedited some of this. They are meeting with the State regarding over $10 million in life safety installations. They would like to work on the sidewalks around the schools as they are in tough shape.
Councilwoman Capobianco inquired regarding the railing at Riverside Middle School and Mr. Ferreira responded that this was painted.
E. Introduction of Ordinances
1. An ordinance amending the Beautification Commission and adding the Public Celebrations Committee.
A motion to dispense with the reading of the Ordinance is made by Councilwoman Rossi, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
AN ORDINANCE IN AMENDMENT OF CHAPTER 2 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “ADMINISTRATION”.
SECTION I. Division 12 entitled “Beautification Commission” of Article III entitled “Boards, Committees, Commissions” of Chapter 2 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Administration” is amended to read as follows:
DIVISION 12. BEAUTIFICATION/PUBLIC CELEBRATIONS COMMISSION
Sec. 2-201. Establishment.
Sec. 2-202. Appointment and terms.
Sec. 2-203. Election of officers; rules, records and reports.
Sec. 2-204. Meetings.
Sec. 2-205. Duties of officers.
Sec. 2-206A. Powers and duties generally of beautification subcommittee.
Sec. 2-206B. Powers and duties of public celebrations subcommittee.
Sec. 2-201. Establishment.
A beautification commission is hereby established in and for the city to consist of 20 regular members and the superintendent of parks and one councilmember shall be ex officio and nonvoting members. Each of the 20 regular members of the commission shall be a qualified elector of the city at the time of their appointment and during their incumbency. The commission shall consist of a beautification subcommittee and a public celebrations subcommittee.
Sec. 2-202. Appointment and terms.
The members of the beautification commission shall be appointed as follows: Each member of the city council who is elected by ward shall be entitled to appoint four members to the commission who reside within their respective ward and the member of the council who serves at-large shall be entitled to appoint four members who reside anywhere within the city. The 20 persons presently appointed as members of the commission shall serve the remaining portion of their unexpired terms through December 1, 1994. Members appointed on and after December 1, 1994, shall be appointed to terms as follows: The term of the first appointment of each councilmember shall expire on December 1, 1995; the term of the second appointment of each councilmember shall expire on December 1, 1996; the term of the third appointment of each councilmember shall expire on December 1, 1997 and the fourth appointment of each councilmember shall expire on December 1, 1998. Thereafter each appointment shall be made as of December 1 of each year and shall be effective for three years therefrom. A member of commission may be reappointed. All 20 members of the commission shall serve without compensation for their respective terms.
Sec. 2-203. Election of officers; rules, records and reports.
The beautification commission shall elect a chair from among its members whose term of office shall be one year and who may be eligible for reelection thereafter. The commission at its discretion shall elect a vice-chair. The commission shall also elect a secretary in the same manner as chair. The commission shall adopt bylaws for the transaction of its business subject to the approval of the city council.
Sec. 2-204. Meetings.
(a) The commission shall meet at regular intervals throughout the year but at no time shall be less than four times per year. All meetings of the commission shall be open to the public.
(b) The commission shall keep minutes of its meetings which shall be public records. It shall further keep permanent and accurate records of all resolutions, transactions, findings, determinations and recommendations. The commission shall file an annual report on or before December 31 of each year with the city manager and city council.
Sec. 2-205. Duties of officers.
(a) The chair of the commission shall preside over all meetings and in the chair's absence, the vice-chair if such officer exists. If the commission fails to elect a vice-chair, the commission shall appoint a temporary chair to conduct such meeting in the absence of the chair.
(b) It shall be the duty of the secretary to keep minutes of the commission meetings, record all its transactions and authenticate such minutes, records and transactions. Also records shall be kept by the secretary as the commission's permanent records, which shall be available to the general public for inspection at all times after the authentication of such records
Sec. 2-206A. Powers and duties generally of beautification subcommittee.
(a) The duties of the commission subcommittee shall be to pursue the inclusion of aesthetics and beautification of all projects and buildings within the city. The commission shall conduct such research as it may be necessary to carry out its purpose and shall seek to coordinate the activities of other unofficial bodies organized in the city for similar purposes.
(b) The commission subcommittee shall from time to time as it may deem necessary make reports or recommendations to the city council and city departments or their agencies concerning programs or action necessary for the aesthetic enhancement and beautification of the city.
(c) In carrying out its program, the commission subcommittee may call on city departments and other boards or agencies for such information, assistance or advice as may conveniently be rendered by such departments, boards and agencies.
(d) Prior to making any findings, taking any action or preparing any reports or recommendations, the commission subcommittee shall consult with all city departments, boards or agencies that may be in any way directly or indirectly affected by such findings, actions, reports or recommendation and shall take into consideration such departments', boards' or agencies' comments or recommendations.
(e) All recommendations of the commission subcommittee that may relate to land use or other physical aspects of the city shall be in general conformance with the comprehensive plan or any portion thereof for the city that has been adopted and approved by the city council.
Sec. 2-206B. Powers and duties of public celebrations subcommittee.
(a) The subcommittee shall be responsible for arranging, planning, organizing, coordinating, and reviewing all holiday and public celebrations including but not limited to Fourth of July, Christmas tree lighting ceremony, Winterfest and such other celebrations and matters as may be referred by the City Council. The subcommittee shall review said celebrations use of public property and forward a recommendation to the City Council for the use of said public property.
(b) The subcommittee shall seek private and corporate sponsorships/donations to offset the costs of conducting said celebrations. All such sponsorships/donations shall be made to the City of East Providence and accounted for by the Director of Finance. Any and all sponsorships/donations shall only be used in the manner approved by the City Council to offset the costs of conducting public celebrations.
(c) The City Council retains the authority to approve all celebrations in final form.
SECTION II. This ordinance shall take effect upon its second passage and all ordinances or parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Councilwoman Rossi
Councilwoman Rossi stated that a previous budget did away with all monies for public celebrations for the City Council and they had not been able to put their best foot forward. She would like to see a great fireworks display this year, in years past the City had used donations from MEGA trash and her goal was to add a committee which would help plan and raise funds for our public celebrations and beautification which was waning especially in Riverside. A lot of people want to participate and she is sure Finance Director Moore can segregate the funds specific to each use. This is just to help build on our momentum and the goal is not to take from any one committee if an existing committee is already working on something then they don't have to be brought into this committee it just sets things up so that they can.
Councilwoman Capobianco stated they could handle it through their individual by laws.
Mayor Briden states that he feels as though this needs more input from the Recreation Department Administration. The Council should be careful that they are not proceeding with something that is being done elsewhere and successfully.
The City Manager states that perhaps a subcommittee could be utilized instead.
Councilwoman Capobianco states that she would like to see some of the wording in the ordinance replaced.
Councilwoman Rossi states that she did not write this and whatever the other Council members want is fine with her. Take time to go thru it and it can be brought back to the next meeting for 1st passage. She adds that this was put together as a starting off point.
The Council agreed to have the wording redrafted and place the amended version on the next docket for first passage.
2. An ordinance regarding a stop sign Vernon Drive (northbound traffic) at Grassy Plains Road Grassy Plains Road (eastbound and westbound traffic), at Vernon Drive.
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:
Vernon Drive (northbound traffic) at Grassy Plains Road
Grassy Plains Road (eastbound and westbound traffic), at Vernon Drive
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
Councilwoman Rossi states she was contacted by neighbors who are concerned that cars fly through and they asked for a stop sign at Vernon where the bus stop is.
Director Coutu is called to the podium he states they look at it from a level of uniform traffic control devices and as to whether the street intersects with a thru street or not. They could put the stop sign on Vernon however he does not recommend one on Grassy Plains.
Mayor Briden asks if there is another way to slow down the traffic as it is a school bus stop with no sidewalks and students are walking on the road.
Director Coutu states that he could put up caution children speed signs to deter and refer it to the EPPD for enforcement.
A motion to amend the wording Ordinance for First Passage removing Grassy Plains as per Director of Public Works Steve Coutu is made by Councilwoman Rossi, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
A motion to approve the amended version for First Passage is made by Councilwoman Rossi, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
F. Communications
1. Ken Goucher, 291 Brown Street requesting to address the Council regarding water meters.
See Public Comment.
A motion to adjourn at 10:01PM is made by Assistant Mayor Rose, seconded by Councilwoman Rossi and on a roll call vote it is unanimous.
Approved By Council: September 16, 2014
Attest: _______________
City Clerk