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CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
December 1, 2015
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
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. Timothy Davis
2. GEICO (As Subrogee of John McGinn)
B. Claims for Reconsideration:
1. David A. Silvia
C. Sewer Charge Abatements:
1. John & Cynthia Bussard
2. Maria Cabral
3. Philip & Sandra Cummings
4. Manuel & Maria Grilo
5. Joseph Guglielmo
6. Marilyn Green
7. Gary Main
8. George & Janice Peters
9. Ana Raposo
10. Russell Spaight
Mayor Rose calls the meeting to order at 7:30PM
He makes an announcement letting people know that he has taken the item regarding hiring the dancing cop for Holiday events off the docket. Adding this was just something to add to the East Providence Christmas Season and it wasn’t to be taken any other way but that he is sorry about the way it has been perceived throughout the area and he would like to move forward with the Holiday Season.
A. Letters
1. Notice of New Property Number, Joseph & Paula Ruggiero, 1 Nayatt Point Court, Barrington (02806), 97 Commercial Way (02914), Temporary Trailer, Map 506, Block 01, Parcel 001.00, Zoning 13.
2. CRMC Semi Monthly Meeting, November 24 6PM Administration Building, Conference Room A, One Capitol Hill, Providence.
B. Alcoholic Beverage Class F-1
1. St. Francis Xavier Church, 160 Orchard Street, SFX Band Christmas Party, December 19, 2015.
2. St. Francis Xavier Church, 160 Orchard Street, Portuguese Learning Center Fundraiser, January 23, 2016.
3. St. Francis Xavier Church, 160 Orchard Street, St. Francis Xavier Anniversary Dinner, January 16, 2016.
C. Cancellation/Abatements
| Year | |
| 2010 | $291.78 |
| 2011 | $1,167.47 |
| 2012 | $998.20 |
| 2013 | $1,138.86 |
| 2014 | $1,813.86 |
| 2015 | $2,119.73 |
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| Total | $7,529.90 |
D. Tax Board of Review
Abatements from Hardship/Infirmity/Exemptions
| Year | |
| 2015 | $4,632.00 |
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| Total | $4,632.00 |
E. Council Journals
1. Council Journal Special Meeting November 17, 2015
2. Council Journal Joint Meeting October 21, 2015
3. Council Journal Executive Session November 17, 2015
A motion to approve the Consent Calendar is made by Councilman Britto, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous.
A. James Waters – Dancing Cop
B. Lidia Gomes - Dancing Cop
C. Joe Tavares - Clarification
D. Lynn A. Delgado – Dancing Cop
E. Onna Moniz John – Thank You Council
F. Maryann Fonseca – Thank You Council
G. Lisa Scorpio – Thank You Council
H. Angie Lovegrove – Thank You Council
I. Elizabeth Rose Avant – Dancing Cop
J. Dr. Isadore Ramos – Dancing Cop
K. David Norton – Dancing Cop
L. Michelle Saunders – Understand of Race Issues in East Providence
A. Karen Zyons, 19 Weaver Avenue, Newport requesting to address the Council regarding Cox Providence Marathon, Sunday, May 1, 2016.
Motion to approve is made by Councilwoman Capobianco, seconded by Councilman Conley and on a roll call vote it is unanimous.
B. Tom Riley, 3620 Pawtucket Avenue (02915) requesting to address the Council regarding water and sewer costs and allocation.
Mr. Riley explained the sewer fees when the water goes into the ground versus through the sewers and used visual diagrams.
Following the Communications portion of the docket, Councilman Britto spoke and stated that because Council members are not allowed to comment during Public Comment portion of the docket, he waited and would like to make a statement now. He stated that Mayor Rose has taken a lot of heat and the City has had national exposure. The intent wasn’t what it has become. We have all taken a hit. He and other Council members have received emails, phone calls and text messages from people some of which don’t live in East Providence. Some of these comments state Mayor Rose is a racist. This is false. This has been bothering him and he just had to say this because he has known the Mayor for some time and he has never said anything racial and it is unfair and unjust to call him these names. By no means did the Mayor expect any of this to happen but we are going to deal with it. It was sad to have some people call him names who don’t even live in the City. He added he that he is his friend and he stands behind him. To say he is insensitive to the minority community is unfair. He noted that he himself was not in favor of using the dancing cop. From a safety standpoint all it takes is for one person to cause a serious problem and then they leave and we are left to pick up the pieces. It was not the Mayor’s intent to cause this and he is happy to call the Mayor his friend. To say these things about him is wrong he made a bad choice or should have perhaps chosen his words differently. He concluded stating that he just needed to make this comment and get this off his chest.
A. Townies in Action Award by Robin Robinson, Content Developer, IT Department - Presented to Julie Silva
This item was deferred.
A. Traffic Control (by Councilman Britto)
Robert Gomes, 115 Cushman Avenue (02914)
This item was deferred.
B. Beautification Commission (by Councilwoman Capobianco)
Eileen Wilcox, 69 Brook Avenue (02915)
This item was deferred.
C. Carousel Park Commission – Alternate (by Councilwoman Capobianco)
Rick Lawson, 19 Plum Road (02915)
This item was deferred.
D. Traffic Control (by Councilman Conley)
Paul Woodcock, 8 Roger Avenue (02915)
This item was deferred.
A. Holiday Sales
Destination Vape, LLC, 285 Taunton Avenue (02914), Todd Drolet, 21A Victory Highway, Chepatchet (02814)
A motion to approve the License is made by Councilman Britto, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous.
A. City Manager’s Report (by City Manager, Richard Kirby)
This item was deferred.
B. Council Members
1. Holiday Entertainment and Performance (by Mayor Rose)
This item was deferred.
2. Highway Department Equipment (by Mayor Rose)
This item was deferred.
3. Upcoming Holiday City Events (by Councilwoman Capobianco)
This item was deferred.
4. Holiday Display Recognition/Contest (by Councilwoman Capobianco)
This item was deferred.
5. Beautification Commission, New Sign and New Members (by Councilwoman Capobianco)
This item was deferred.
C. 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 Councilwoman Capobianco and seconded by Councilman Britto to convene in closed session for the purposes of discussing claims & litigation. Upon a roll call vote: Mayor Rose – Aye, Councilman Britto – Aye, Councilwoman Capobianco – Aye, Councilman Conley – Aye, Councilman Cunha - Aye, the motion is approved 5-0.
EAST PROVIDENCE CLAIMS COMMITTEE
CLAIMS & LITIGATION REPORT
TUESDAY, DECEMBER 1, 2015; 7:00 P.M.; ROOM 101
====================================================================
NEW CLAIMS
TIMOTHY DAVIS $177.54
RM No. 15-106, Claim No. 15-081
Claim for property damage to vehicle tire sustained while driving on Evergreen Drive while it was under construction. See recommendation of the Director of Public Works.
Motion by: Councilman Britto Seconded by: Councilwoman Capobianco
Motion: Refer the claim to the contractor, Pawtucket Hot Mix Asphalt.
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VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye | √ | √ | √ | √ | √ |
| Nay |
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| Abstain |
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| Absent |
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GEICO (AS SUBROGEE OF JOHN MCGINN) $2,733.14
RM No. 14-115, Claim No. 15-079
Subrogation claim for reimbursement of repairs and rental costs paid to claimant’s insured for damages to his vehicle sustained during tree trimming operations when a large limb fell on the insured’s parked and unattended vehicle.
Motion by: Councilman Britto Seconded by: Councilwoman Capobianco
Motion: Deny the claim.
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VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye | √ | √ | √ | √ | √ |
| Nay |
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| Abstain |
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| Absent |
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CLAIM FOR RECONSIDERATION
DAVID A. SILVIA $750.00
RM No. 15-102, Claim No. 15-078
Claim for property damage/vandalism to a mobility scooter after it was left along the side of Pawtucket Avenue after the battery cable fell off.
Motion by: Councilman Britto Seconded by: Councilman Cunha
Motion: Deny the claim.
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VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye | √ | √ | √ | √ | √ |
| Nay |
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| Abstain |
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| Absent |
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SEWER CHARGE ABATEMENTS
JOHN & CYNTHIA BUSSARD $125.82
Request for a sewer charge abatement for the property located at 10 Timberland Drive in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilwoman Capobianco Seconded by: Councilman Britto
Motion: Approve the sewer charge abatement in the amount of $125.82.
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VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye | √ | √ | √ | √ | √ |
| Nay |
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| Abstain |
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| Absent |
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MARIA CABRAL $45.59
Request for a sewer charge abatement for the property located at 84 Main Street in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilwoman Capobianco Seconded by: Councilman Britto
Motion: Approve the sewer charge abatement in the amount of $45.59.
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VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye | √ | √ | √ | √ | √ |
| Nay |
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| Abstain |
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| Absent |
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PHILIP & SANDRA CUMMINGS $370.58
Request for a sewer charge abatement for the property located at 42 Aberdeen Road in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilwoman Capobianco Seconded by: Councilman Britto
Motion: Approve the sewer charge abatement in the amount of $370.58.
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VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye | √ | √ | √ | √ | √ |
| Nay |
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| Abstain |
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| Absent |
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MANUEL & MARIA GRILO $176.14
Request for a sewer charge abatement for the property located at 106 Willett Avenue in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilwoman Capobianco Seconded by: Councilman Britto
Motion: Approve the sewer charge abatement in the amount of $176.14.
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VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye | √ | √ | √ | √ | √ |
| Nay |
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| Abstain |
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| Absent |
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JOSEPH GUGLIELMO $230.36
Request for a sewer charge abatement for the property located at 61 Plymouth Road in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilwoman Capobianco Seconded by: Councilman Britto
Motion: Approve the sewer charge abatement in the amount of $230.36.
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VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye | √ | √ | √ | √ | √ |
| Nay |
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| Abstain |
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| Absent |
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MARILYN GREEN $315.16
Request for a sewer charge abatement for the property located at 31 Manning Drive in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilwoman Capobianco Seconded by: Councilman Britto
Motion: Approve the sewer charge abatement in the amount of $315.16.
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VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye | √ | √ | √ | √ | √ |
| Nay |
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| Abstain |
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| Absent |
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GARY MAIN $182.58
Request for a sewer charge abatement for the property located at 9 Clifford Street in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilwoman Capobianco Seconded by: Councilman Britto
Motion: Approve the sewer charge abatement in the amount of $182.58.
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VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye | √ | √ | √ | √ | √ |
| Nay |
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| Abstain |
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| Absent |
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GEORGE & JANICE PETERS $813.66
Request for a sewer charge abatement for the property located at 286 Wilson Avenue in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilwoman Capobianco Seconded by: Councilman Britto
Motion: Approve the sewer charge abatement in the amount of $813.66.
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VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye | √ | √ | √ | √ | √ |
| Nay |
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| Abstain |
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| Absent |
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ANA RAPOSO $137.42
Request for a sewer charge abatement for the property located at 8 Brentwood Drive in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilwoman Capobianco Seconded by: Councilman Britto
Motion: Approve the sewer charge abatement in the amount of $137.42.
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VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye | √ | √ | √ | √ | √ |
| Nay |
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| Abstain |
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| Absent |
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RUSSELL SPAIGHT $209.43
Request for a sewer charge abatement for the property located at 61 Pleasant Street in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilwoman Capobianco Seconded by: Councilman Britto
Motion: Approve the sewer charge abatement in the amount of $209.43.
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VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| 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 Britto, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous.
D. Report of School Committee Liaison
There is no School Committee Liaison Report.
E. Introduction of Ordinances
1. AN ORDINANCE IN AMENDMENT OF CHAPTER 16 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “TAXATION”
A motion to Dispense with the Reading of the Ordinance is made by Councilwoman Capobianco, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous.
SECTION I. Chapter 16 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Taxation” is amended by adding thereto the following:
ARTICLE X. TAXATION OF ALTERNATIVE RENEWABLE ENERGY SYSTEMS
Sec. 16-97. Definitions.
Minor alternative renewable energy system. Any off the grid system supplying power or heat to a specific property or properties under common ownership, including solar, photovoltaic, wind, geothermal, hydro-electric, or other energy source. All residential systems owned by the property owner for up to three-family dwellings.
Major alternative renewable energy system. Any renewable energy system designed to sell electricity to a utility supplier.
Combined purpose alternative renewable energy system. Any renewable energy system which is used to supply power or heat to a specific property or properties under common ownership where excess production is sold to a utility supplier or credited back to the system owner.
Leased alternative energy system. Any system leased to any entity in East Providence including residential homeowners.
Sec. 16-98. Taxation.
(a) Pursuant to R.I.G.L. §44-3-21, minor alternative renewable energy systems are exempt from taxation in the City of East Providence.
(b) Major alternative renewable energy systems are fully taxable in the City of East Providence unless by written agreement of the City Council.
(c) Combined purpose alternative renewable energy systems are taxable in the City of East Providence to the extent they sell to a utility supplier or are credited back to the system owner.
(d) Leased alternative renewable energy systems are fully taxable to the lessor.
Sec. 16-99. Requirements.
(a) All City regulations must be followed including but not limited to building permits, zoning requirements, and planning requirements.
(b) Agreements with utility suppliers, annual income and expense statements and credited amounts must be filed with the Tax Assessor’s Office.
(c) An annual application for renewable energy system tax exemption must be made to the City Assessor no later than March 15th of each year on forms to be provided by the assessor.
SECTION II. This ordinance shall take effect upon second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Councilman Capobianco
A motion to approve the Ordinance for First Passage is made by Councilwoman Capobianco, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous.
Councilman Conley announced that there would be a retirement party for Superintendent Kim Mercer from 2:30PM-5:00PM in the Council Chambers tomorrow and that all are invited to stop in and give well wishes.
A motion to Adjourn at 8:26PM is made by Assistant Mayor Cunha, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
Approved By Council: December 15, 2015
Attest: _______________
City Clerk