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CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
December 15, 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
· Councilwoman Capobianco is Absent
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. Lorna DiChristofaro
B. Litigation:
1. Boucher 1275, LLC vs Steven Hazard, in his capacity as Tax Assessor of the City of East Providence
C. Sewer Charge Abatements:
1. Carol Adams
2. Frank DeCotis
3. Richard & Constance Gerling
4. Martha Kiernan
5. QML, Inc.
6. Brenda Smith
D. City Property – Discussion Related to Potential Lease
1. Bold Point Park, Map 6, Block 1, Parcel 3
Mayor Rose calls the meeting to order at 7:44PM.
All items under “CONSENT CALENDAR” are considered to be of a routine and noncontroversial nature by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council member so requests, in which event, the item will be removed from the “CONSENT CALENDAR” and will be considered in its normal sequence on the docket.
A. Letters
1. CRMC Semi-Monthly Meeting, Tuesday, December 8, 2015, 6PM, Administration Building, Conference Room A, One Capitol Hill, Providence.
2. CRMC December 2015 Calendar.
B. Council Journals
1. Council Journal Regular Meeting December 1, 2015
2. Council Journal Executive Session November 3, 2015
3. Council Journal Executive Session October 20, 2015
A motion to approve the Consent Calendar is made by Assistant Mayor Cunha, seconded by Councilman Britto and on a roll call vote it is unanimous 4-0 with Councilwoman Capobianco Absent.
All persons wishing to make public comment shall sign a public comment sheet stating their name, address, and the subject of their comments. . Said public comment sheet shall be available on a desk at the entrance of the City Hall Chambers no later than forty-five (45) minutes before the call to order of any regularly scheduled council meeting and shall be delivered to the presiding officer no earlier than five (5) minutes before the call to order of the meeting.
A. Tom Riley 12/2/15 Providence Journal Article.
A. Christine Perreira, Chair of the Beautification Commission requesting to speak to the Council regarding the Commission, the new sign and new members.
This item was deferred to the January 5th meeting per Ms. Perreira’s request.
B. David Silvia, 1086 South Broadway (02914) requesting to address the Council regarding the twice denied claim for repairs to his scooter.
Mr. Silvia was not present.
A. Townies in Action Award - Presented to Julie Silva
Mayor Rose presents the citation.
A. Traffic Control (by Assistant Mayor Cunha)
Brian Castro, 50 Grosvenor Avenue (02914)
A motion to approve the Appointment is made by Assistant Mayor Cunha, seconded by Councilman Britto and on a roll call vote it is unanimous 4-0.
B. Historic District Commission (by Councilman Britto)
Nancy Moore, 14 Josephine Ave (02916)
Note this is a re-appointment.
A motion to approve the Appointment is made by Councilman Britto, seconded by Councilman Conley and on a roll call vote it is unanimous 4-0.
C. Historic District Commission (by Councilman Britto)
Stephen Greenleaf, 30 Holbrook Ave (02916)
Note this is a re-appointment.
A motion to approve the Appointment is made by Councilman Britto, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous 4-0.
D. Traffic Control (by Councilman Britto)
Robert Gomes, 115 Cushman Avenue (02914)
A motion to approve the Appointment is made by Councilman Britto, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous 4-0.
E. Beautification Commission (by Councilwoman Capobianco)
Eileen Wilcox, 69 Brook Avenue (02915)
This appointment was deferred to the January 5th meeting.
F. Carousel Park Commission – Alternate (by Councilwoman Capobianco)
Rick Lawson, 19 Plum Road (02915)
This appointment was deferred to the January 5th meeting.
G. Traffic Control (by Councilman Conley)
Paul Woodcock, 8 Roger Avenue (02915)
A motion to approve the Appointment is made by Councilman Conley, seconded by Councilman Britto and on a roll call vote it is unanimous 4-0.
H. Carousel Commission (by Councilman Britto)
Izilda Teves, 345 Sutton Avenue (02914)
A motion to approve the Appointment is made by Councilman Britto, seconded by Councilman Conley and on a roll call vote it is unanimous 4-0.
I. Historic District Commission (by Councilman Conley)
David Kelleher, 36 Riverside Drive (02915)
Note this is a re-appointment.
A motion to approve the Appointment is made by Councilman Conley, seconded by Councilman Britto and on a roll call vote it is unanimous 4-0.
A. 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 Assistant Mayor Cunha, seconded by Councilman Britto and on a roll call vote it is unanimous 4-0.
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 final passage is made by Assistant Mayor Cunha, seconded by Councilman Britto and on a roll call vote it is unanimous.
A. Second Hand Autos and Trucks - Transfer
Transfer From Fox Enterprises, Inc. DBA Fox Toyota to MAG Ventures, LLC DBA Grieco Toyota, 415 Taunton Avenue (02914), Michael Grieco, Jr., 85 Douglas Pike, Smithfield (02917)
Joshua Teverow, Esq. and the COO from Grieco are present.
A motion to approve the License subject to the establishment receiving their State license can closing on the property and securing all the City approvals is made by Councilman Britto, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous 4-0.
B. Second Hand Autos and Trucks - Transfer
Transfer from Altrui Bros Truck Sales, Inc. to Rhode Island Truck Center, LLC, 1100 Warren Avenue (02914), Benjamin J. Viti, 12 Deer Run, Scituate (02831)
Ben Viti one of the owners is present.
Assistant Mayor Cunha asks what kind of truck sales. Mr. Viti explains that they are Freightliners, Isuzu and Trailers.
A motion to approve the License subject to the establishment receiving their State license can closing on the property and securing all the City approvals is made by Assistant Mayor Cunha, seconded by Councilman Britto and on a roll call vote it is unanimous 4-0.
A. City Manager’s Report (by City Manager, Richard Kirby)
1. Hunt House Lease Renewal
The City Manager explained this is the re-negotiated lease. It’s a 25 year lease. Legal counsel has reviewed.
Solicitor Chapman stated the one item he would like to mention is that this vote should be made subject to The Trust recommending approval and being satisfied that the insurance is ok.
A motion to approve the Lease pending The Trust’s review and satisfaction is made by Assistant Mayor Cunha, seconded by Councilman Britto and on a roll call vote it is unanimous 4-0.
2. Pare Engineering Contract Addendum Construction Administration and Inspection Services
The City Manager stated this was regarding the work on the water tower and is under the drinking water bond. He noted legal counsel had reviewed.
Director Couto was called to the podium. The last of addendum at the time didn't award the full bid. They were taking a phased approach. Once construction began in the summer they awarded a piece and this is the last phase from 2016 which will last until the end of the project. It is all financed via Clean Water Bonds and is covered in the cost. They have about another 1000 feet or so to put in the ground and the tank project has all the panels poured. Council will see it erected in the first part of spring.
A motion to approve the Contract Addendum is made by Councilman Britto, seconded by Councilman Conley and on a roll call vote it is unanimous 4-0.
B. Council Members
1. Highway Department Equipment (by Mayor Rose)
Mayor Rose stated after the City Manager had come in with bids higher than expected Director Coutu was asked to hold off. Director Coutu and Rob Walker did some more estimating and found that one came in lower. With the good mechanics at the City garage they decided to go with used trucks as well.
Director Coutu stated they looked at all vendors for a truck for this winter but these vendors need to be a part of a master price agreement. They did find the numbers were higher but the reason they are taking this approach is that no one could have delivery a new truck until the earliest date of March. Now they are looking at a couple of used vehicles. They are in dire need of a couple of sand trucks. They can go out to bid later and probably get a better price.
Mayor Rose stated it is a safety issue and the trucks the City currently have contain rotted frames and are detrimental to first responders. Police and Fire need to get through in emergencies but before they can get there these trucks are needed to open the roads.
Director Coutu stated they will have some newer vehicles and some used ones as well and will be ready.
2. Results of Department Head Contract Inquiries (by Mayor Rose)
Mayor Rose stated he had put this item on the docket a couple of months back asking if in the past this was done, as the Council when asked each time, voted down these department head contracts. He is just checking to make sure that no one had received one.
The City Manager stated he reviewed the original contract that the Budget Commission had done prior, a 3 year contract with almost every department head and they have all expired, they all work under the City Manager. There are no enforceable time frames. Minutes from the City Clerk that the former City Manager asked to issue these contracts were turned down. There was a letter of agreement with the Finance Director who was brought on after the original contract was signed. This reflects the same terms and conditions but does not have a term or time frame and is not an enforceable contract.
Councilman Conley asked if the City Manager had the authority.
City Manager Kirby stated it was not him.
Councilman Conley stated that at the time he believes the Finance Director came at a higher compensation and therefore did not receive those same benefits, adding that he finds it disconcerting that the City Manager would unilaterally enter into the agreement and not inform the Council.
Assistant Mayor Cunha stated his agreement and added it is not fair to the others.
Solicitor Chapman stated that if the Council was going to discuss an individual then they had to notice the person and let them decide if they want to have it discussed in open or closed session.
Councilman Conley asked if there were any other employee memorandums of understanding.
The City Manager stated the only other issue was the IT Department with the consolidated position and it identified the duties and he is assuming the Council was privy to this.
Councilman Conley stated he assumes this was done in the final days of the outgoing City Manager.
City Manager Kirby responded that he should not comment at this time but he can get the information.
3. Recognition of Employees for Going Above and Beyond (by Mayor Rose)
Mayor Rose stated so many times police and fire recognitions are done and many times we don't recognize other departments such as Highway, Parks and Recreation. Some of these employees are out there in the middle of a storm while we are home sleeping. They are out there getting it done and that Building and Grounds also do a great job. Employees like Rob walker, Chris DeCecco and Billy Abood, Ed Catelli and Tony Vieira just to let them know that we appreciate all they do especially at this time of year when they have to deal with the storms.
The City Manager requested to make a quick comment on the issue. He stated that occasionally he receives letters and he received a good letter regarding Parks and Recreation. Also Ed Catelli has completed some work on the building and it looks really good. The City of East Providence sign on City Hall was not easy to see, it was covered by a tree and dull and old. He made a request to get it painted and it is nice and bright. They will be putting lights up and have requested the symbol be put facing Route 44 and the number 145 above the doorway. Having a nice proud symbol is symbolic and appropriate.
Assistant Mayor Cunha asked if they can have a better light on the flag as it is dark.
4. Holiday Festival (by Councilman Britto)
Councilman Britto announced that on December 18th, this Friday, from 6pm-8pm, at Freedom Green Park there will be a Holiday Festival. Hot cocoa, hot dogs, live Christmas music and horse and carriage rides will all be available free to the public. He thanked the Department of Public Works for decorating the gazebo noting that it looks beautiful. He mentioned Billy Abood, Robert Walker and Janet noting that they all did a fantastic job and that sometimes it’s the little things that count.
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)&(5), a motion is made by Councilman Cunha 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 – Absent, Councilman Conley – Aye, Councilman Cunha - Aye, the motion is approved 4-0.
EAST PROVIDENCE CLAIMS COMMITTEE
CLAIMS & LITIGATION REPORT
TUESDAY, DECEMBER 15, 2015; 7:00 P.M.; ROOM 101
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NEW CLAIMS
LORNA DiCHRISTOFARO Unspecified
RM No. 15-093, Claim No. 15-080
Claim for personal injuries sustained when the rescue claimant was being transported in was involved in accident. Recommend referral to the insurance carrier.
Motion by: Councilman Britto Seconded by: Councilman Cunha
Motion: Refer the claim to the insurance carrier.
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VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
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LITIGATION
BOUCHER 1275, LLC VS. STEVEN HAZARD, IN HIS CAPACITY
AS TAX ASSESSOR OF THE CITY OF EAST PROVIDENCE
C.A. NO. PC2015-1992 (Tax Appeal)
Consent Judgment
Motion by: Councilman Cunha Seconded by: Councilman Britto
Motion: Approve the Consent Judgment.
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VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
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SEWER CHARGE ABATEMENTS
CAROL ADAMS $175.49
Request for a sewer charge abatement for the property located at 19 Berwick Place in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilman Britto Seconded by: Councilman Cunha
Motion: Approve the sewer charge abatement in the amount of $175.49.
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VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
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FRANK DeCOTIS $78.99
Request for a sewer charge abatement for the property located at 97 Woodward Avenue in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilman Britto Seconded by: Councilman Cunha
Motion: Approve the sewer charge abatement in the amount of $78.99.
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VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
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RICHARD & CONSTANCE GERLING $597.14
Request for a sewer charge abatement for the property located at 117 Weeden Avenue in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilman Britto Seconded by: Councilman Cunha
Motion: Approve the sewer charge abatement in the amount of $597.14.
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VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
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MARTHA KIERNAN $118.14
Request for a sewer charge abatement for the property located at 8 Pine Grove Street in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilman Britto Seconded by: Councilman Cunha
Motion: Approve the sewer charge abatement in the amount of $118.14.
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VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
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QML, INC. $2,948.77
Request for a sewer charge abatement for the property located at 272 Ferris Avenue in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilman Cunha Seconded by: Councilman Britto
Motion: Approve the sewer charge abatement in the amount of $2,948.77.
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VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
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BRENDA SMITH $144.99
Request for a sewer charge abatement for the property located at 70 North Street in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilman Cunha Seconded by: Councilman Britto
Motion: Approve the sewer charge abatement in the amount of $144.99.
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VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
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A motion to approve the Claims Committee Report is made by Assistant Mayor Cunha, seconded by Councilman Conley and on a roll call vote it is unanimous 4-0.
D. Report of School Committee Liaison
School Committee Liaison Tony Ferreira speaks regarding the door replacement project. They inspected the last 12 doors and these doors were all defected. It is not going to cost any money to replace them. The School Department was able to bring up the 7 custodians to full time and he thanked the Council for their assistance with this as well as for the money to get the plow truck. The positions were filled for the mechanic and painter and the only one left is the head of facilities, once that is filled the administration can focus on the education side. He thanked Assistant Mayor Cunha and Councilman Conley for attending the meeting held the previous night. The City Manager will now take the lead with the Superintendent.
On another note, Mr. Ferreira spoke about Winter Fest. He stated there were 210 trees this year. It is the 4th year. The first year there were 50 trees. He also thanked the Council for the new Carousel Office headquarters.
Councilman Conley asked about the project at Riverside Middle School. Mr. Ferreira explained the issue is an asbestos pipe. They lost 2 weeks on just the pipe itself and it cost $18,000. In the future, as soon as an issue occurs, he has asked that they be notified so they can research. Unfortunately, many of the original school buildings plans were lost when City Hall caught on fire and therefore they have to depend on dig safe and this time they missed something.
E. Introduction of Ordinances
1. AN ORDINANCE IN AMENDMENT OF CHAPTER 2 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “ADMINISTRATION”
A motion to dispense with the reading of the Ordinance is made by Councilman Conley, seconded by Councilman Britto and on a roll call vote it is unanimous 4-0.
SECTION I. Sec. 2-116 entitled “Established; composition” of Division 5 entitled “Economic Development 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 hereby amended to read as follows:
An industrial economic development commission is hereby established in and for the city to consist of nine regular members and the city manager or designee, the director of planning or designee and a liaison from the East Providence Chamber of Commerce who shall be ex officio, voting members. Each of the nine regular members of the commission shall be a qualified elector of the city at the time of his their appointment and during his their incumbency. A strong preference in appointing members shall be given to nominees who have a strong financial background with experience in the fields of banking, accounting, insurance and commercial real estate.
SECTION II. Sec. 2-123 entitled “Quorum” of Division 5 entitled “Economic Development 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 hereby amended to read as follows:
A quorum, which shall consist of five regular a majority of current, actively appointed members of the economic development commission, shall be necessary for the conduct of any business of the commission. Ex-officio members in attendance shall also be included as part of the quorum count.
SECTION III. Sec. 2-126 entitled “Powers and duties--Generally” of Division 5 entitled “Economic Development 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 hereby amended to read as follows:
The economic development commission shall have the following powers and duties:
(1) To confer with and advise the city council and mayor on all matters concerning the industrial economic development of in the city;
(2) To advertise the industrial economic advantages and opportunities of the city within the means provided by any appropriations made therefor by the council;
(3) To study, investigate and appraise economic conditions and trends affecting the city’s industry, business and commerce;
(34) To collect data and information as to the type of industries best suited to the city;
(45) To compile, coordinate and promulgate information regarding available areas suitable for industrial commercial development in the city;
(56) To encourage the proper zoning and orderly development of areas suitable for industrial commercial development and to promote the interest of industrialization of such areas of the city;
(67) To aid the city administration, city council and mayor in the attraction of new industries businesses and in the encouraging ement of the expansion by of existing industries and businesses;
(78) To cooperate with all community groups that are dedicated to the orderly industrial and economic expansion of the city and to furnish them such aid and advice as is deemed appropriate;
(89) To cooperate with all industries and businesses in the city in the solution of any community problems which they might have and to encourage the management of such concerns to have a healthy and constructive interest in the city's welfare;
(910) To periodically survey the overall condition of the city from the standpoint of determining whether the city has the climate and furnishes services and facilities that are conducive to industrial and economic expansion;
(1011) The commission may advertise, prepare, print or distribute maps, charts, plans and pamphlets which in its judgment it deems necessary to the performance of its duties as set forth in this section within the limit of any funds that may be provided for such purposes.
(12) To confer with and to provide an advisory opinion to the City Manager regarding all commercial and micro loan applications for loans in an amount under $100,000.
(13) To confer with and to provide an advisory opinion to the City Manager and City Council regarding all commercial and micro loan applications in an amount over $100,000.
(14) To confer with and to provide an advisory opinion to the City Council on extended tax stabilization applications pursuant to the authority given to the commission under city ordinance Sec. 16-68(a)(5).
SECTION IV. This ordinance shall take effect upon its second passage and all ordinances or parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Councilman Conley
A motion to approve the Ordinance for first passage is made by Councilman Conley, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous 4-0.
A motion to Adjourn at 8:31PM is made by Councilman Britto, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous 4-0.
Approved By Council: January 5, 2016
Attest: _______________
City Clerk