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CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
July 21, 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
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)(1)(2).
A. New Claims:
1. Daniel Clayman
B. Sewer Charge Abatements:
1. Susan Allienello
2. Anna Almquist
3. Nikki Ann Bingham
4. Robert Fairclough
5. Robert Griffin
6. Vivian Kuss
7. Maria Lacerda
8. John Mello
9. Estate of Jose M. & Rui M. Oliveira
10. John Pestana
11. John Schaefer
12. Victoria Silva
C. Job Performance Review – Probate Judge
II. CALL TO ORDER
Mayor Rose calls the meeting to order at 7:59PM.
III. SALUTE TO THE FLAG
IV. TO APPROVE THE CONSENT CALENDAR
A. Letters
1. Letters of Opposition to General Assembly from the Town of Narragansett regarding S961 and H6278 regarding collective bargaining for cities and towns.
2. Notice of New Property Number 19 Bridgham Farm Road, Map 603, Block 05, Parcel 009.1, Zoning R2.
B. Cancellation/Abatements
| Year | |
| 2014 | $10,934.70 |
| 2015 | $34,615.15 |
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| Total | $45,549.85 |
C. Alcoholic Beverage Class F-1
1. Frank Lopes, 206 Summit Street (02914) for Elizabeth McGarry, Fundraiser at the American Legion Post 10, Willett Avenue (02915), Saturday, August 1st 2pm-5pm.
D. Alcoholic Beverage Class F
1. Emile Fontaine, 770 Veterans Memorial Parkway (02914) for BPOE Elks #2337 Member Event, 60 Berkley Street (02914) July 18, 2015.
2. Emile Fontaine, 770 Veterans Memorial Parkway (02914) for BPOE Elks #2337 Member Game Night, 60 Berkley Street (02914) August 8, 2015.
3. Emile Fontaine, 770 Veterans Memorial Parkway (02914) for BPOE Elks #2337 Family Fun Day, 60 Berkley Street (02914) August 23, 2015.
E. Council Journals
Regular Council Meeting June 2, 2015
Regular Council Meeting June 16, 2015
Special Council Meeting June 19, 2015
Special Council Meeting June 25, 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.
V. PUBLIC COMMENT
A. Tom Riley – Closing the gap and getting rid of Tans
VI. COMMUNICATIONS
A. Gary Menissian, 91 Greenwood Avenue (02916 ) requesting to address the Council regarding Ocean State Multisport 5K Road Race to benefit the Women’s Center of Rhode Island, Domestic Violence to be held on October 3, 2015 at Pierce Stadium.
A motion to approve is made by Assistant Mayor Cunha, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
VII. APPOINTMENTS
A. Carousel Commission – Alternate (by Assistant Mayor Cunha)
Bruce Rogers, 500 Warren 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.
VIII. LICENSES NOT REQUIRING PUBLIC HEARING
A. Vict/Not Over 24
Ricotti’s Pizza & Subs, LLC, 194 Newport Avenue (02916), Nathan Vieira, 115 Whitman Street, New Bedford, MA 02745.
A motion to approve the License is made by Councilwoman Capobianco, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous.
IX. NEW BUSINESS
A. City Managers Report (by Acting City Manager, Paul Lemont)
1. Bid Award 2015 Roadway Improvements
The City Manager stated that on July 9th the City accepted bids for previously pre qualified companies the low bidder is recommended.
Councilman Britto calls Director Coutu to the podium and he is asked what roads are scheduled to be repaired.
Director Coutu reads the list and then states that they may be able to add additional streets.
Councilman Britto inquired about Hospital Road as the neighbors have come before the Council with a petition and photos of how bad the road is.
Director Coutu confirms that Hospital Road will be done.
A motion to approve is made by Councilwoman Capobianco, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous.
2. Contract Addendum for the East Providence Water System Upgrade Project
The City Manager stated that the City is spending $19 million to upgrade the system adding that this is a major problem all over the U.S. The City Manager explained this is an addendum and there will be no additional costs and the funds are already budgeted. This process is to parcel out the work and he is asking for a vote to move forward with each parcel.
A motion to approve is made by Councilwoman Capobianco, seconded by Councilman Britto 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 Conley and seconded by Councilman Cunha 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, JULY 21, 2015; 7:00 P.M.; ROOM 101
====================================================================
NEW CLAIMS
DANIEL CLAYMAN $1225.00
RM No. 15-066, Claim No. 15-058
Claim for property damage to a door sustained during snow plowing operations. See recommendation of the Director of Public Works.
Motion by: Councilman Cunha Seconded by: Councilwoman Capobianco
Motion: Approve the claim in the amount of $1225.00.
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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
SUSAN ALLIENELLO $157.66
Request for a sewer charge abatement for the property located at 158 Mauran Avenue 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 $157.66.
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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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ANNA ALMQUIST $1,401.46
Request for a sewer charge abatement for the property located at 35 Winthrop 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 $1,401.46.
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VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye | √ |
| √ |
| √ |
| Nay |
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| √ |
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| Abstain |
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| Absent |
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NIKKI ANN BINGHAM $590.81
Request for a sewer charge abatement for the property located at 47 Jay Street 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 $590.81.
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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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ROBERT FAIRCLOUGH $193.32
Request for a sewer charge abatement for the property located at 84 Hazelwood 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 $193.32.
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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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ROBERT GRIFFIN $3,697.25
Request for a sewer charge abatement for the property located at 119 Circuit Drive 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 $3,697.25.
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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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VIVIAN KUSS $8,262.60
Request for a sewer charge abatement for the property located at 285 Terrace Avenue in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilwoman Capobianco Seconded by: Mayor Rose
Motion: Approve the sewer charge abatement in the amount of $8,262.60.
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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 LACERDA $147.78
Request for a sewer charge abatement for the property located at 88 Grassmere Avenue in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilman Britto Seconded by: Councilwoman Capobianco
Motion: Approve the sewer charge abatement in the amount of $147.78.
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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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JOHN MELLO $102.08
Request for a sewer charge abatement for the property located at 74 Silver Spring 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 $102.08.
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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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ESTATE OF JOSE M. & RUI M. OLIVEIRA $310.65
Request for a sewer charge abatement for the property located at 142 Anthony 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 $310.65.
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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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JOHN PESTANA $257.76
Request for a sewer charge abatement for the property located at 36-38 Brookfield Road 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 $257.76.
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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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JOHN SCHAEFER $182.58
Request for a sewer charge abatement for the property located at 69-73 Warren 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 $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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VICTORIA SILVA $81.89
Request for a sewer charge abatement for the property located at 30 Earl 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 $81.89.
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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 Assistant Mayor Cunha, seconded by Councilman Britto and on a roll call vote it is unanimous.
C. Council Members
1. Public Job Opportunities – City Website (by Mayor Rose)
Mayor Rose asked the Law Department to review if a company wanted to advertise on the City website for employment opportunities for East Providence residents and if that could be allowed.
2. City Manager Search Process (by Mayor Rose)
Mayor Rose reported that the search is on going and the application process is coming to an end. The City Council will be reviewing the resumes and going into executive session for the first round of the interview process. He added that the Council will keep updating the residents as things progress.
3. Summit Street Traffic Update (by Assistant Mayor Cunha)
Assistant Mayor Cunha stated that there have been concerns since the EPPD stopped the traffic control there has been a lot of traffic which is almost like a freeway at certain times of the day. He would like to know what can be done they had previously talked about traffic engineering getting involved. He asked if they can move forward with this.
The City Manager stated that the City doesn’t have a traffic engineer they would need to obtain one from the outside.
Chief Parella stated they are keeping an eye on Summit Street and will maintain a presence, it won’t be constant. He agrees that the situation has pretty much gone right back to the way it was. Those motorists that made the change don't seem to be continuing to use the alternate route. The signs are and they could put counters back up and they may see very slight reductions.
Assistant Mayor Cunha asked if there were any other suggestions.
Chief Parella stated that without taxing the other surround roads no. It might be worth it to have an engineering firm looking at this and other trouble spots.
Mayor Rose stated that they could look into a half one way from Cross Street to Waterman Avenue and to make Walnut Street a No Thru Traffic.
Chief Parella stated that this may open the door for additional traffic to the other streets.
Assistant Mayor Cunha requested the City Manager get engineering study done.
The City Manager stated that they might be able to use RIDOT. Director Coutu agreed that they are currently working on the 195 interchange project and they have a contract for this already and perhaps they can tag on to it and expedite the process.
The City Manager will look into this and get a price for a traffic study for this and other troubled traffic areas.
4. TransArt (by Councilwoman Capobianco)
Councilwoman Capobianco called Jason Rafferty from the Riverside Renaissance Movement to the podium. This is a grassroots organization dedicated to promoting and enhancing Riverside and to propel change to foster small businesses and the arts. Last year, people were waiting for the bus in bad weather and they had no place to stand. They feel that this will help the local neighborhood and provide a place for those waiting for the bus.
Photos of other TransArt around the State were passed out to the Council.
Mr. Lafferty continued stating that Riverside Square is an ideal location. They have also requested from the City that there be comp plan amendment to be listed as an arts district and the East Providence Arts Council will be involved in the design and maintenance of the bus shelter. To date they have done 4 clean-ups already. This Bus Shelter will be a partnership between the State through RIDOT and the City and it will be 80/20 with up to $49,500. The City is responsible to maintain but their organization would help with the maintenance. RIDOT would take care of structural repairs.
Councilwoman Capobianco asked the City Manager if the City could provide the match which is $10,000.
The City Manager stated he felt the bus shelter would get vandalized and the Public Works Department would be redoing it every other week.
Councilwoman Capobianco stated they have a neighborhood watch program there and that large structural damage is covered by the State insurance.
Councilman Conley stated it is not realistic with the fluidity in membership that the City could count on the Riverside group to do the maintenance all the time and that the City would need to understand they are responsible to maintain it at a certain standard. Therefore the City needs to be a partner with this project.
Mayor Rose asked the Solicitor if they can get information on how this is being done in other cities.
Mr. Lafferty stated there wasn’t too much time as the money is running out and East Providence would be the last City applying for the funds.
A motion to approve funding for the match provided that they are awarded the funds from the State is made by Councilwoman Capobianco, seconded by Councilman Conley and on a roll call vote it is unanimous.
5. Update on Ward One Health Initiative (by Councilman Britto)
Councilman Britto stated that in second week of the program they had 25 people signed up with 20 attending on a regular basis. Some people have no exercise experience at all but take their health serious. He would like to thank 212 Health for all of their efforts. The program is free and at this time they have had very positive feedback. Some people are even bringing their families.
6. Ward One outdoor movie night - Freedom Park, corner of Centre and North Broadway (by Councilman Britto)
Councilman Britto stated there will be an outdoor movie held August 8th which is a Saturday evening at 8:30PM. He is working with ATR Equipment who will be donating their services and equipment. This is the first movie night in Ward 1. The movie has not yet been determined. All residents are welcome to attend there will be popcorn and they are speaking with Sunshine Creamery about this so they are not yet sure if there will be a cost for the snacks.
D. Report of School Committee Liaison
E. Resolutions
1. RESOLUTION NAMING MARIA PINHEIRO MEMORIAL PLAYGROUND
A motion to dispense with the reading of the Resolution is made by Assistant Mayor Cunha, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
WHEREAS, Maria Pinheiro was born in the village of Cedros, on the island of Faial, in the Azores; and
WHEREAS, Maria Pinheiro spent her early years in Cedros at a time of deprivation and hard labor, wherein families survived on small incomes; and
WHEREAS, upon arriving in the United States in 1956, Maria Pinheiro was educated, married Frank Pinheiro and they became the parents of a wonderful son and daughter; and
WHEREAS, during the late 1960’s, Maria Pinheiro became employed as secretary to the Portuguese Consul of Rhode Island working to assist Portuguese immigrants, especially the Luso-American community and at one point, she served as interim Consul; and
WHEREAS, Maria Pinheiro next became employed for 30 years with the Social Security Administration, rising to Director Manager of Rhode Island; and
WHEREAS, Maria Pinheiro continued to assist and advise many Portuguese immigrants throughout Rhode Island as well as Attleboro and Fall River, Massachusetts; and
WHEREAS, Maria Pinheiro’s additional community involvement included election to the East Providence School Committee from 1992-1996 with her selection as Chair from 1994-1996; and
WHEREAS, Maria Pinheiro served on the board of the Brightridge Club of East Providence and was heavily involved at St. Martha’s Church for over 40 years and had an important role in establishing academic scholarships for Portuguese and Luso-American students of the East Providence community; and
WHEREAS, Maria Pinheiro was named “Woman of the Year” by the Portuguese American Women of Rhode Island and after her passing, her family established an East Providence High School scholarship in her memory; and
WHEREAS, the City Council of the City of East Providence wishes to recognize, honor and memorialize Maria Pinheiro for her many years of dedication and commitment to the City of East Providence.
NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of East Providence hereby renames Silver Spring Playground as the Maria Pinheiro Memorial Playground at Silver Spring Park.
Requested by: Assistant Mayor Helder Cunha and Councilwoman Capobianco
A motion to approve the Resolution is made by Assistant Mayor Cunha, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
F. Introduction of Ordinances
A motion to dispense with the reading of the Ordinance is made by Councilwoman Capobianco, seconded by Councilman Conley and on a roll call vote it is unanimous.
1. An ordinance regarding a One Way on Rice Avenue (eastbound) from Pawtucket Avenue to Dover Avenue.
AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “VEHICLES AND TRAFFIC”
SECTION I. Section 18-247 entitled “Designation of one-way streets” of Article VIII entitled “One-Way Streets” of Chapter 18 entitled “Vehicles and Traffic” is amended by adding thereto the following:
Rice Avenue (eastbound) from Pawtucket Avenue to Dover Avenue
SECTION II. This ordinance shall take effect upon second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Mayor Rose
A motion to approve the Ordinance for first passage is made by Councilman Britto, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous.
2. An ordinance regarding a stop sign on Nelson Street (eastbound and westbound traffic) at Ruth Avenue
A motion to dispense with the reading of the Ordinance is made by Assistant Mayor Cunha, seconded by Councilwoman Capobianco 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:
Nelson Street (eastbound and westbound traffic) at Ruth Avenue
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 Britto
A motion to approve the Ordinance for first passage is made by Councilman Britto, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous.
X. ADJOURNMENT
A motion to Adjourn at 8:55PM is made by Councilwoman Capobianco, seconded by Councilman Britto and on a roll call vote it is unanimous.
Approved By Council: September 1, 2015
Attest: ____________________
City Clerk