CITY OF EAST PROVIDENCE

RHODE ISLAND

JOURNAL OF REGULAR COUNCIL MEETING

September 16, 2014

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

7:00 P.M. Executive Session, Room 101

7:30 P.M. Open Session

 

 

I.                   EXECUTIVE SESSION

The City Council of the City of East Providence will meet in Executive Session pursuant to RI General Laws § 42-46-5 (a) (2)

 

A.    Sewer Abatements

1.      Cynthia Campbell – Sewer Charge Abatement

2.      Karen DePasquale – Sewer Charge Abatement

 

B. Litigation

1.  DL Enterprises, Inc. vs. City

C.A. No. 14-3644

 

II.                CALL TO ORDER

Mayor Briden calls the meeting to order at 7:42 P.M.

 

III.             SALUTE TO THE FLAG

 

IV.             TO APPROVE THE CONSENT CALENDAR

 

A. Council Journals

1.  Regular Council Meeting September 2, 2014

 

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

 

V.                PUBLIC COMMENT

A.    Ken Goucher – Water Meter (Mr. Goucher chooses to wait until his docketed Communication

B.     Karen Gregory and Richard Gregory – Crescent Park Car Show

C.     Mojica Hot Dogs – The applicant will wait until his docketed license item

D.    Tom Riley (on twice) first one is for Horton’s Seafood, the second one is for Public Comment (Mr. Riley withdraws his second item)

 

VI.             PROCLAMATIONS AND PRESENTATIONS

 

A.    David “Dynamite Kid” Escobar (by Councilwoman Rossi)

Councilwoman Rossi reads and presents the proclamation to Mr. David Escobar. 

 

Councilwoman Rossi requests unanimous consent for the Grassy Plain item under her be moved to this location as there are a number of young people in the audience regarding the skateboard park.  Unanimous consent is granted. 

 

1.      Uses of Grassy Plain Park (by Councilwoman Rossi)

Councilwoman Rossi states that the youngsters in the audience are looking for a place to skate board.  She asks the Planning Department to review the Federal Grant which built the playground and the rules and guidelines that need to be looked over.  The youngsters are looking to fix up a small area at the playground perhaps one of the old tennis courts.  Councilwoman Rossi stated that she had the City Clerk reach out to the Bristol Town Clerk.  Bristol built a skate park 16 years and they have not had any problems.   

The City Manager asks the Director of Planning, Jeanne Boyle, to come to the podium.  Director Boyle states that she has the grant information from 1975. The grant was from the National Parks Service Land and Water Conservation.  She added that she reached out to RIDEM and asked about the change of use to a skate park.  If the City chooses to change the use, they would have to send letter to the National Park Service and RIDEM would run the plan by them and let know.  Sometimes items permitted over the years in many communities have later been found as obsolete uses and generally they accept the new uses with a letter and a site plan listing boundaries.  They would also have to let the neighbors know the use was changing.  

Councilman Cunha stated to the youngsters that they may not have heard but a skate park is being designed for Central Park there are preliminary plans via donations from the KROB Foundation Grant and RIDEM.

 

VII.          APPOINTMENTS

 

A.    Historic District Commission (by Mayor Briden)

Brian Turgeon, 324 Pleasant Street (02916)

 

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. 

 

 

B.     Carousel Park Commission (by Mayor Briden)

William Abbood, 29 Martha Road (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. 

 

C.     East Providence Housing Authority – Resident Appointment – (by Mayor Briden)

Eileen Bowden 99 Goldsmith Avenue Apt #506 (02914)

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. 

 

VIII.       LICENSES NOT REQUIRING PUBLIC HEARING

 

A.    Holiday Sales

Kieran Meehan DBA Spirit Halloween, 1925 Pawtucket Avenue (02914), Keiran Meehan, 23 Villa Avenue, Floor 3 Cranston (02905)

 

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

 

B.     Hawker

Santo Mojica, Jr. DBA Mojica Hot Dogs, Santo Mojica, Jr., 245 Manton Street #34, Pawtucket (02861)

 

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

 

IX.             PUBLIC HEARING - ORDINANCES FINAL PASSAGE

 

A.    An ordinance regarding a stop sign at Vernon Drive (northbound traffic) at Grassy Plains Road. 

A motion to dispense with the reading of the Ordinance is made by Councilwoman Rossi, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous. 

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

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

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

 

X.                NEW BUSINESS

 

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

1.      Roofing Issues – Odd Fellows Home, Pierce Field

The City Manager called Nancy Moore from the East Providence Historic Society to the podium to provide her information at this point on the docket. 

Ms. Moore stated she was present on behalf of the East Providence Historic Society and they are here to advocate for The Odd Fellows Home.  This item was covered on the 5:30 news on Channel 10 tonight.  She read the letter of support to the Council from the East Providence Historic Society.  The Society recommends the City make emergency repairs and will work to assist the City on finding a long term use and full rehabilitation for the property.

 

The City Manager spoke next he stated that he has a proposal from a local roofer. A roof system of asphalt shingle repair and repair of any damaged boards for a total cost of $7,500.

 

Solicitor Chapman ruled the Council could vote on the item as it was an emergency repair. 

 

A motion to authorize the repairs by the company and for the cost listed by the City Manager is made by Councilman Cunha, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.  

 

2.      Silver Spring Progress Update

The City Manager reported on the Silver Spring Field rehabilitation.  There will be new play equipment, sand, and repaired and improved drainage issues, new benches and tables, new lights and a walkway repaired.  The estimated completion of the project will be mid fall 2014 this is being done via a grant.

 

3.      Distribution of Proposed City Manager’s Budget

The City Manager handed out copies of his proposed budget to Council.  He stated that both the Finance Director Malcolm Moore and the Financial Advisor Paul Luba were of great assistance and spent many hours meeting with him.  The City Manager added that some copies would be available in the City Clerk’s Office and on line tomorrow.  The highlights are calling for a .5% tax increase which is .11 cents per thousand.  He added they could have gone with no tax increase but there is a momentum with what the City is doing in the community and it is a minimal increase.  The other portion of this is that it allows the City to provide for a $10,000 reduction in the tangible tax for businesses. He asked the Council to go over the budget in the next month and that he believes if they read his budget message they will see there is a lot in there that will make them proud of the City.  The City has turned the corner and is adding back staff.  He also mentioned the Crescent Park Carousel, which although it was not addressed this time, in the past money was always put in the budget for the Carousel in case major repairs were needed because if this comes up suddenly there is no money set aside for it.   

 

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, SEPTEMBER 16, 2014; 7:00 P.M.; ROOM 101

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

                                              SEWER CHARGE ABATEMENTS

CYNTHIA CAMPBELL                                                                                                      $138.33

 Request for a sewer charge abatement for the property located at 148 Burgess Avenue in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilman Rose                                    Seconded by:  Councilwoman Capobianco

Motion:  Approve the sewer charge abatement in the amount of $138.33.

VOTE	MAYOR BRIDEN	COUNCILWOMAN CAPOBIANCO	COUNCILMAN CUNHA	COUNCILMAN ROSE	COUNCILWOMAN ROSSI
Aye	√	√	√	√	√
Nay
Abstain
Absent

 

KAREN DEPASQUALE                                                                                                       $67.07

 Request for a sewer charge abatement for the property located at 97 Glenrose Avenue in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilwoman Capobianco                    Seconded by:  Councilman Rose

Motion:  Approve the sewer charge abatement in the amount of $67.07.

VOTE	MAYOR BRIDEN	COUNCILWOMAN CAPOBIANCO	COUNCILMAN CUNHA	COUNCILMAN ROSE	COUNCILWOMAN ROSSI
Aye	√	√	√	√	√
Nay
Abstain
Absent

 

 

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

 

2.      Needed repairs for the Odd Fellows Hall  (Nancy Moore on behalf on the Historic District Commission)

This item was discussed as part of the City Manager’s Report.

 

C.    Council Members

 

1.      City approval of foundation for Vietnam War Memorial to be relocated at Squantum Woods (by Assistant Mayor Rose and Councilwoman Capobianco)

Assistant Mayor Rose stated that the monument currently rests on Massasoit Avenue and an active group of veterans have been involved in trying to relocate the monument utilizing funds obtained through donations at locations such as the Heritage Festival.  They would like the monument to rest on Veteran’s Memorial Parkway where Squantum Woods is.  The foundation base for the monument is the only assistance they will need from the City.  In addition, as part of future planning, the Planning Department will be looking at adding walking paths etc.  The halyards, flag poles and the removal of the monument as well as the lighting will all be taken care of by the veterans group.  This group has been trying to relocate this monument for some time and have also contacted Senator Bates. 

Councilwoman Capobianco asked roughly how much the foundation would cost. Assistant Mayor Rose stated he was not sure of the cost.

Councilman Cunha asked if a donation could be made for the foundation, adding that he would donate via the construction company.

 

Councilwoman Capobicano makes a motion to move forward with the relocation. 

Solicitor Champman stated they might want to limit it to a set amount. 

Assistant Mayor Rose stated that it is a 3 foot x 12 foot foundation. 

School Committee Member Anthony Ferreira stated for the size mentioned it would only cost $800 for plywood and concrete and they would only need to go down about 40-42 inches for the battle monument foundation.

 

Assistant Mayor Rose makes a motion to move forward with the construction of the foundation for the monument to be relocated to Squantum Woods and for the cost of no more than $2000, this is seconded by Councilwoman Capobianco and on a roll call vote it is unanimous. 

 

2.      Kent Heights Athletic Fields Update (by Assistant Mayor Rose)

Assistant Mayor Rose asks to defer this item.

3.      Hunt’s Mill Property (by Assistant Mayor Rose)

Assistant Mayor Rose states a year ago he requested research on community gardens and recently noticed the activity of a garden at Hunts Mills. 

 

Director of Planning Jeanne Boyle came to the podium and explained that the City had entered into a license agreement with the Aid Foundation for a small community garden project at Hunts Mills.  If the Assistant Mayor is envisioning more extensive community gardens there is certainly plenty of space at Hunts Mills.

 

Assistant Mayor Rose asked if any more been done on the community gardens research for grants.

Director Boyle stated she had reached out to someone from the Southside Community Land Trust and if the Councilman would be interested in meeting with them, adding that she feels that Hunts Mills is a great location.

 

4.      Matt Price EPHS graduate and Jeopardy contestant on September 19^th (by Councilwoman Rossi)

Councilwoman Rossi stated Matt Price is an East Providence High School graduate and he will be appearing as a contestant on Jeopardy Friday night and he and everyone are very excited about it. 

 

D.    Report of School Committee Liaison

School Committee Member Anthony Ferreira reported the Whiteneckt Elementary School roof was almost complete and the new dry erase boards at the High School were working out.  They will paint 30-40 more this coming week.  He also thanked Ed Catelli for pushing faster than he thought was possible at Waddington School.  

E.     Introduction of Ordinances

1.      An ordinance regarding a stop sign on Bell Avenue northbound and southbound traffic at Cove Street.

A motion is made by Councilwoman Rossi to dispense with the reading of the ordinance, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous. 

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:

Bell Avenue (northbound and southbound traffic) at Cove 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

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

2.      An ordinance amending the Beautification Commission.

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 she asked this to be placed back on the docket as no one was in favor of it as written and she was leaving it up to the other members to let her know what they would like to amend at this meeting.

 

Councilwoman Capobianco stated she felt that section 2 seemed to be the part which was in question and if that part was removed and they were listed as a voluntary that should clear things up.

 

The City Manager calls Acting Director of Recreation Diane Sullivan to the podium.  Director Sullivan states that she thinks it is wonderful but as previously worded it would cause conflicts. 

 

Councilman Cunha states that perhaps the Council should just increase the number of Beautification Commission members instead. 

 

A motion to table the ordinance until the next meeting is made by Councilwoman Rossi, seconded by Assistant Mayor Rose 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. 

 

The City Manager called Director Coutu to the podium.  Director Coutu explained the fixed charge to each water meter and that it provides revenue and stability.   

 

The City Manager stated that if Mr. Goucher bought the house then he bought it with the water meter which would have been installed by the City. The water meter there currently was installed by the City in 2007. He added that the City is the middleman they buy from Providence and have to raise the rates when they are raised for the City.  

 

XI.             ADJOURNMENT

 

A motion to adjourn is made at 9:12 P.M. by Assistant Mayor Rose, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous. 

Approved By Council:  September 16, 2014

Attest:  _________________

                      City Clerk