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CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
March 11, 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) (1)(2).
A. New Claims:
1. Derek Jakubiec
2. Edward Reed
3. Matthew Simon
4. Sonia Vieira
B. Sewer Charge Abatements:
1. Louis & Rosa Daly
2. Kevork Masdanian
3. Marie Medeiros Life Estate & Lucille Medeiros
Mayor Rose calls the meeting to order at 7:35PM.
The salute to the Flag was presented by Martin Middle School students.
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. Resolution City of Warwick supporting of H 5044 regarding taxation of development property.
2. Resolution Town of Middletown opposing H 5257 regarding relating to waters and navigation - harbors and harbor lines.
B. Cancellation/Abatements
| Year | Amount |
| 2013 | $336.94 |
| 2012 | $411.42 |
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| Total | $748.36 |
C. Alcoholic Beverage Class F
1. Sacred Heart Church, 118 Taunton Avenue (02914), Lenten Dinner, March 14, 2015, Father Peter DiTullio.
2. St Martha’s Church, 2595 Pawtucket Avenue (02914), Irish-Italian Night, March 14, 2015, Reverend David E. Green.
D. Council Journals
1. Regular Meeting January 20, 2015
2. Executive Session October 21, 2014
A motion to approve the Consent Calendar is made by Assistant Mayor Cunha, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
A. Bobby Rodericks – PTA
B. Tom Riley – Snow Removal
A. Tony Ottone – Spectacular Snow Display (by Councilwoman Capobianco)
B. Carl Sweeney – Hope and Faith Community Food Drive (by Councilwoman Capobianco)
Carl Sweeney also provided a description of the organization
C. Martin Middle School Wrestling Team (by Councilwoman Capobianco)
D. East Providence High School Girls Basketball Team for the Coaches vs Cancer (by Councilwoman Capobianco)
E. Opportunity Knocks (by Councilwoman Capobianco)
A. East Providence Housing Authority – Reappointment (By Mayor Rose)
Antero Braga, 527 Forbes Street (02915)
A motion to approve the Appointment is made by Councilwoman Capobianco, seconded by Councilman Britto and on a roll call vote it is unanimous.
A. Enterprise Zone Re-designation
Tom Riley 3620 Pawtucket Avenue (02915) – clarification question.
Director of Planning Jeanne Boyle explained this is for tax credits in the State as incentives for businesses to relocate or expand their businesses and to create new full time jobs in the City. The City has to re-designate every 5 years for and they have extended the boundaries to include the Catamore Blvd area. As part of this process there is a required public hearing and a passage of a resolution. This is not as large of a tax relief as it once was but it is still worth it. There are no tax implications for the City. It is a State tax credit to attract new businesses and grow the City's tax base. The positions must be new full time jobs via the State division of taxation they are required to document the new hires. In earlier years more companies took advantage of the program due to the tax credits but over the years the tax credits have been reduced and not as many are taking advantage of the offer but a number of them have relocated to the enterprise zone in the last 3 years.
Advertised East Providence Post – February 12, 19 and 26, 2015
Request for an amendment to the Comprehensive Plan by VSH Realty, Inc. & Cumberland Farms, Inc., for property located at: Map 309, Block 6, Parcels 5 and 6, at 9 Wampanoag Trail and 15 Wampanoag Trail from an existing designation of low-density residential to retail with conditions as outlined in the Planning Board memorandum to the City Council dated March 3, 2015.
Petitioner: VSH Realty, Inc. and Cumberland Farms, Inc.
Request for a rezoning by VSH Realty, Inc. & Cumberland Farms, Inc., for property located at: Map 309, Block 6, Parcels 5 and 6, at 9 Wampanoag Trail and 15 Wampanoag Trail from an existing zoning of Residential- 3 to a requested zoning of Commercial-2 with conditions as outlined in the Planning Board Memorandum to the City Council dated March 3, 2015.
Petitioner: VSH Realty, Inc. & Cumberland Farms, Inc.
A motion to continue the item to the April 7, 2015 Council Meeting as requested by the applicant is made by Councilwoman Capobianco, seconded by
Assistant Mayor Cunha and on a roll call vote it is unanimous.
A. AN ORDINANCE IN AMENDMENT OF THE CITY OF EAST PROVIDENCE 2010-2015 COMPREHENSIVE PLAN UPDATE
SECTION I. Map 3 of the City of East Providence 2010-2015 Comprehensive Plan Update entitled "Central East Providence Generalized Land Use" is hereby amended to identify the parcels designated as Assessor's Map 309, Block 6, Parcels 5 and 6 as retail use subject to the following conditions:
1. That the use of the property be restricted to a convenience store and gas pumps, and further, that in the event the properties are not developed into, or used as a convenience store and gas pumps, the properties would revert to their original status as “Low density residential” designated on the generalized land use map of the City’s Comprehensive Plan;
2. That all of the landscaping, storm water management, lighting, buffer requirements and parking area design standards of a Development Plan Review are met, which are defined in Article 8 of zoning or a reasonable attempt as shall be determined by the Development Plan Review Committee is made by the applicant to meet the minimum standards.
The Central East Providence Generalized Land Use Map (Map 3) of the City of East Providence 2010-2015 Comprehensive Plan Update shall be amended accordingly.
SECTION II. This ordinance shall take effect upon passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Planning Department
A motion to continue the item to the April 7, 2015 Council Meeting as requested by the applicant is made by Councilman Britto, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
B. AN ORDINANCE IN AMENDMENT OF CHAPTER 19 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND 1998, AS AMENDED, ENTITLED "ZONING"
SECTION I. Section 19-95 entitled "Districts Designated" of Article III entitled "District Regulations" is hereby amended as follows:
Parcels 5 and 6 on Assessor’s Map 309, Block 6 presently designated as a Residential 3 District are hereby changed to a Commercial 2 District subject to the following conditions:
1. That the use of the properties be restricted to a convenience store and gas pumps and further, that in the event the properties are not developed into or used as a convenience store and gas pumps, the properties would revert to their original status as a Residential-3 designation on the City’s Official Zoning Map;
2. That all of the landscaping, storm water management, lighting, buffer requirements and parking area design standards of a Development Plan Review are met, which are defined in Article 8 of zoning or a reasonable attempt as shall be determined by the Development Plan Review Committee is made by the applicant to meet the minimum standards.
The Zoning Map of the City of East Providence shall be amended accordingly.
SECTION II. This ordinance shall take effect upon passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Planning Department
A motion to continue the item to the April 7, 2015 Council Meeting as requested by the applicant is made by Assistant Mayor Cunha, seconded by Councilman Britto and on a roll call vote it is unanimous.
A. City Managers Report (by Acting City Manager, Paul Lemont)
1. Prequalification for Contractors for Improvements to Central Avenue and Silver Spring Playgrounds
A motion to approve is made by Councilwoman Capobianco, seconded by Councilman Britto and on a roll call vote it is unanimous.
2. John Carnevale discussion regarding Pierce Field Basketball Court improvements.
The City Manager reports a discussion took place regarding upgrading the basketball courts at Pierce Field and the City started looking for $15,000 it is now up to $20,000.
Mr. Carnevale came to the podium. After working on the gyms he ended up at Pierce Field and met with Joe Medeiros and they talked about adding some color and energy and motivation to the basketball and tennis courts. They want to revitalize and fix the cracking, the fencing and the lavatory facilities to the level it was when it was first done in 1991. In late April or early May with a budget of roughly $30,000 they will initiate a totally grass roots effort. They are looking for a $15,000 investment from the City then the organization will get the other $15,000. They want to get this project done for late spring early summer. They will work with Rob Walker and Ed Catelli and he noted that if it were not for Ed Catelli they would not have been able to get all the stuff done they did in the gymnasiums. The focus of all the projects is on unity and all working together.
B. Reports of Other City Officials
1. Claims Committee Report (by City Solicitor Timothy Chapman)
Pursuant to R.I.G.L. § 42-46-5(a)(2), a motion is made by Councilman Cunha and seconded by Councilwoman Capobianco 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
MARCH 11, 2015; 7:00 P.M.; ROOM 101
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NEW CLAIMS
DEREK JAKUBIEC $212.45
RM No. 14-110, Claim No. 15-005
Claim for property damage to vehicle sustained as a result of striking a pothole on Tripps Lane. See recommendation of the Director of Public Works.
Motion by: Councilwoman Capobianco Seconded by: Councilman Cunha
Motion: Approve the claim in the amount of $212.45.
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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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EDWARD REED $296.77
RM No. 15-012, Claim No. 15-010
Claim for property damage sustained when a City snow plow caught the net of a portable basketball hoop in the sidewalk area knocking it down and landing on the back windshield of claimant’s vehicle.
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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MATTHEW SIMON $5,485.69
RM No. 15-007, Claim No. 15-011
Claim for property damage sustained to claimant’s parked vehicle during snow plowing operations at the police station. Recommend referral to the insurance carrier.
Motion by: Councilwoman Capobianco Seconded by: Councilman Britto
Motion: Refer the claim to the insurance carrier.
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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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SONIA VIEIRA $292.50
RM No. 15-006, Claim No. 15-008
Claim for property damage to vehicle sustained as a result of striking a raised manhole cover and pothole on Vanderland Avenue. See recommendation of the Director of Public Works.
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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SEWER CHARGE ABATEMENTS
LOUIS & ROSA DALY $209.43
Request for a sewer charge abatement for the property located at 34 Dearborn Drive in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilwoman Capobianco Seconded by: Councilman Cunha
Motion: Approve the 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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KEVORK MASDANIAN $171.84
Request for a sewer charge abatement for the property located at 102-104 Blossom Street in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilwoman Capobianco Seconded by: Councilman Britto
Motion: Approve the abatement in the amount of $171.84.
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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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MARIE MEDEIROS LIFE ESTATE & LUCILLE MEDEIROS $153.05
Request for a sewer charge abatement for the property located at 38 Scott Drive in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilman Britto Seconded by: Councilwoman Capobianco
Motion: Approve the abatement in the amount of $153.05.
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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 Councilwoman Capobianco, seconded by Councilman Britto and on a roll call vote it is unanimous.
C. Council Members
1. Donation Box on Tax Bills (by Mayor Rose)
Mayor Rose stated the donation box is going to be placed on the tax bills again and he is asking the Council what they want to do, at the next Council meeting, for the new tax bills. In the past the City has put Middle School Sports one year and the School band another year.
2. K-Rob Foundation (by Councilwoman Capobianco)
Kevin Robinson thanked the Council members for all their support and for attending and supporting the wine tasting and thanked everyone in the community for their support.
3. Trash Collection (by Councilwoman Capobianco)
Councilwoman Capobianco stated the trash collection and new bins are great and she is just wondering when the City can switch to the new trash bins.
Director Coutu came to the podium and agreed the new trash collection bins are working very well but that it will be an additional cost to add the trash collection. The recycling collection was done by entering into a contract with the vendor and the City of Pawtucket and they pick up every other week and this combination created savings. The cost of the bins and vehicles were amortized into the contract. The problem with doing this with the trash is that they can't pick up every other week. With the trash bins the cost is $50 each bin. Some communities have moved to this type of trash collection such as Providence and Warwick however they own all the trucks in house. The contractor would have to buy another truck with the arms and there would be a cost, an up-front cost as well. It does provide for a cleaner community. Public Works can try to get hard numbers from the contractor and bring that information back to Council.
Assistant Mayor Cunha asked what if each resident purchased their own barrel.
Director Coutu said he would get more information for Council to look at including that possibility.
The City Manager made an announcement that Director Coutu’s daughter was awarded as a highest scorer in the State for soccer at Barrington High School.
D. Report of School Committee Liaison
School Committee Member Fereirra stated that they were thankful for the funds for four new pieces of equipment including a bobcat, dump truck and plows. On Monday, all the doors are being delivered to the schools and fire alarm installations are going well at Orlo School. They are changing the start times for the 2 elementary schools with a savings of $90,000. They are searching for a facilities director and they are right on track hoping within the next few weeks they can bring this person on board. He asked Council members to keep the High School pool in mind for the future.
Assistant Mayor Cunha stated he was going to speak to a company about the possibility of reviewing bringing the pool back.
E. Resolutions
1. RESOLUTION AUTHORIZING AND ENDORSING THE APPLICATION FOR ENTERPRISE ZONE REDESIGNATION UNDER THE RHODE ISLAND ENTERPRISE ZONE PROGRAM
A motion to dispense with the reading of the Resolution is made by Councilwoman Capobianco, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous.
WHEREAS, the City of East Providence is desirous of submitting a re-designation application to the State of Rhode Island Enterprise Zone Council under the provisions of Title 42, Chapter 64.3 of the Rhode Island General Laws, as amended for the re-designation of the City of East Providence Enterprise Zone located within the jurisdiction of the City of East Providence; and
WHEREAS, this re-designation requires the City of East Providence to make certain assurances and accept such terms and conditions that are required under Title 42, Chapter 64.3 of the Rhode Island General Laws; and
WHEREAS, the City Council of the City of East Providence, Rhode Island desires to support said application for re-designation to the Rhode Island Enterprise Zone Council; and
WHEREAS, the City of East Providence recognizes that changing demographic and economic distress criteria in the City requires the adjustment of participating Census Tract Block Groups within the East Providence Enterprise Zone.
NOW, THEREFORE, BE IT RESOLVED that the Mayor of the City of East Providence be authorized and empowered to submit a re-designation application to the Rhode Island Enterprise Zone Council for the acceptance and re-designation of the City of East Providence Enterprise Zone established on January 1, 1995 and further requesting that participating Census Tracts in the zone be amended to remove Block Group 1 of Census Tract 107.01 from the East Providence Enterprise Zone and add Block Group 1 of Census Tract 105.01 as part of the five year re-designation of the zone commencing on January 1, 2015.
Requested by: Planning Department
A motion to approve the Resolution is made by Councilman Conley, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous.
2. RESOLUTION IN OPPOSITION TO HOUSE BILL H-5257 RELATING TO WATERS AND NAVIGATION – HARBORS AND HARBOR LINES
A motion to dispense with the reading of the Resolution is made by Councilwoman Capobiano, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous.
WHEREAS, the City Council of the City of East Providence has been notified that H-5257 has been introduced proposing legislation entitled “Relating to Waters and Navigation – Harbors and Harbor Lines”, and
WHEREAS, House Bill H-5257 would prevent a municipality from regulating moorings and the collection of annual mooring fees, and
WHEREAS, House Bill H-5257 establishes an order of priority for persons applying for moorings and would create a fee schedule for moorings to be collected by the State; and
WHEREAS, the City of East Providence would still be responsible for placement, inspection, dredging, permitting, processing, record keeping, enforcement, and maintenance of the City moorings and the cost for same; and
WHEREAS, House Bill H-5257 would have a negative fiscal impact on the City of East Providence budget causing a reduction in income which would force taxpayers to carry the fiscal burden.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of East Providence respectfully requests the General Assembly oppose House Bill H-5257 along with any Senate version which may be introduced “Relating to Waters and Navigation – Harbors and Harbor Lines”.
BE IT FURTHER RESOLVED that the City Council of the City of East Providence hereby requests that the City Clerk send a copy of this Resolution to the Governor of the State of Rhode Island, the Lieutenant Governor of the State of Rhode Island, the President of the Rhode Island Senate, the Speaker of the Rhode Island House of Representatives and the Senators and Representatives from the City of East Providence.
Requested by: Mayor Rose
A motion to approve the Resolution is made by Councilwoman Capobianco, seconded by Councilman Britto and on a roll call vote it is unanimous.
F. Introduction to Ordinances
1. An ordinance amending the Beautification Ordinance.
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 2 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “ADMINISTRATION”
SECTION I. Sec. 2-203 entitled “Election of officers; rules, records and reports” of 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:
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, treasurer, and historian 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.
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 Capobianco
A motion to approve the Ordinance for first passage is made by Councilwoman Capobianco, seconded by Councilman Britto and on a roll call vote it is unanimous.
2. An ordinance regarding a One Way on Fort Street (eastbound) from Fifth Street to Seventh Street during the hours of 8:30am to 9:30am and 2:30pm to 3:30pm on school days.
A motion to dispense with the reading of the Ordinance is made by Councilman Britto, 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. 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:
Fort Street (eastbound) from Fifth Street to Seventh Street during the hours of 8:30 a.m. to 9:30 a.m. and 2:30 p.m. to 3:30 p.m. on school days.
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 Cunha
A motion to approve the Ordinance for first passage is made by Councilwoman Capobianco, seconded by Councilman Britto and on a roll call vote it is unanimous.
G. Communications
1. Ron Moniz, 82 Oak Crest Drive (02915) requesting to address the Council regarding AFLAC Insurance full open enrollment in the City of East Providence due to the fact that they have had an account since 1977 and in the past 10 years have not been able to do a complete open enrollment.
Per the communicators request this item was moved to the next Council meeting.
2. David Silva, 1086 South Broadway, Apt. 6 (02916) requesting to address the Council regarding accessibility at the Grove Street Post Office.
Per the communicators request this item was moved to the next Council meeting.
A motion to adjourn at 8:41PM is made by Councilman Britto, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
Approved By Council: April 7, 2015
Attest: _______________