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CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
November 17, 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)(2).
A. New Claims:
1. Merrymeeting Realty, LLC (Cape Cod Ice Company)
2. Thomas C. Riley
3. Jennifer Russo
4. David A. Silvia
5. Nicole Thibault
B. Sewer Charge Abatements:
1. Gary Bottella
2. Richard Chester
3. Peyton Gibson
4. Gordon School
5. Michael Pimental
6. Thomas Watson
C. Potential Litigation:
1. VSH Realty, Inc.,/Cumberland Farms
2812 Pawtucket Avenue
II. CALL TO ORDER
Mayor Rose calls the meeting to order at 7:42PM.
III. SALUTE TO THE FLAG
IV. TO APPROVE THE CONSENT CALENDAR
A. Letters
1. CRMC November 2015 Calendar.
2. Notice of New Property Number, 138 Providence Avenue, Map 413, Block 02, Parcel 001.00, Zoning R4, White & White Real Estate Rentals, Inc.. PO Box 221, Barrington (02806)
B. Cancellation/Abatements
| Year | |
| 2013 | $17.11 |
| 2014 | $1,172.68 |
| 2015 | $20,289.10 |
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| Total | $21,478.89 |
C. Liquor License Renewal
Tasquinha Restaurant, Inc. DBA Tasquinha Restaurant, 218 Warren Avenue (09214), Herman S. Cabral, 5 Endicott Street, Cranston (02910)
D. Council Journals
1. Council Journal Special Meeting November 3, 2015
2. Council Journal Special Meeting October 15, 2015
A motion to approve the Consent Calendar is made by Councilwoman Capobianco, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous.
Unanimous Consent is granted to move the Claims Committee Report to this location on the Docket.
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 CouncilmanCunha 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, NOVEMBER 17, 2015; 7:00 P.M.; ROOM 101
====================================================================
NEW CLAIMS
MERRYMEETING REALTY, LLC (CAPE COD ICE COMPANY) $209,393.70
RM No. 15-096, Claim No. 15-073
Claim for reimbursement of additional business expenses incurred as a result of the water main cleaning and lining project. 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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THOMAS C. RILEY $486.00
RM No. 15-099, Claim No. 15-074
Claim for reimbursement of expenses incurred to repair a deck railing that was removed by rescue personnel in order to remove a patient from the deck area.
Motion by: Councilman Britto Seconded by: Councilman Cunha
Motion: Approve the claim in the amount of $486.00.
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VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye | √ | √ | √ |
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| Nay |
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| Abstain |
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| Absent |
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JENNIFER RUSSO Unspecified
RM No. 15-101, Claim No. 15-076
Claim for personal injuries sustained as result of a trip and fall on a root growing from a sidewalk on Massasoit Avenue. Recommend referral to the insurance carrier.
Motion by: Councilwoman Capobianco 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 |
| Aye | √ | √ | √ | √ | √ |
| Nay |
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| Abstain |
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| Absent |
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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: 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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NICOLE THIBAULT $1,755.41
RM No. 15-098, Claim No. 15-077
Claim for property damage to vehicle sustained as a result of an accident with a police vehicle.
Motion by: Councilwoman Capobianco Seconded by: Councilman Britto
Motion: Approve the claim in the amount of $1,755.41.
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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
GARY BOTTELLA $102.03
Request for a sewer charge abatement for the property located at 77 Silver Spring 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 $102.03.
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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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RICHARD CHESTER $347.22
Request for a sewer charge abatement for the property located at 85 Oak Crest 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 $347.22.
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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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PEYTON GIBSON $96.12
Request for a sewer charge abatement for the property located at 156 Circuit Drive 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 $96.12.
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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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GORDON SCHOOL $366.40
Request for a sewer charge abatement for the property located at 75 Maxfield 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 $366.40.
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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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MICHAEL PIMENTAL $195.31
Request for a sewer charge abatement for the property located at 33 Delway Road 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 $195.31.
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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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THOMAS WATSON $284.61
Request for a sewer charge abatement for the property located at 50 Griffith Drive 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 $284.61.
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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.
V. PUBLIC COMMENT
A. Candy Seel – Cumberland Farms Expansion
VI. COMMUNICATIONS
A. Joseph Botelho, Kent Heights Neighborhood Association, 2725 Pawtucket Avenue (02914) requesting to address the Council regarding the recent East Providence Zoning Board decision pertaining to the new Cumberland Farms proposal for the corner of Pawtucket Avenue and Wampanoag Trail.
Joseph Botello, 82 Plymouth Road spoke on behalf of the Kent Heights Neighborhood Association.
Members of the Kent Heights Neighborhood Association are present as well. Mr. Botelho reminded Council of what the association’s purpose is. He spoke regarding the issues surrounding Cumberland Farms and the Kent Heights Neighborhood Association’s support of the new facility. He noted there are over 600 signatures on petitions circulating in support of the project. During the course of the Zoning Board meeting people learned how much this process and development had been vetted and how all divisions approved of the project including the Council and how many levels the project went through. It actually over exceeded the regulatory concerns governing it. It was obvious from the outset two of the Zoning Board members were against the project, one had difficulty understanding the difference between digital and flashing signs and the other took little interest in the project at all. Several people have since approached stating a member or members of the Zoning Board had profound conflicts and should have recused themselves from the process. This item should not die on the vine due to incompetence or hidden interests.
He requested the City Council please investigate or request an investigation from the Attorney General’s Office and also requested the City Council appeal to the courts. They do not want to see this as a boarded up eyesore in the community or a low grade facility. He urged the City Council to act now and thanked them for their time.
Mayor Rose stated the Council had this item listed on the docket in Executive Session as potential litigation. He noted they have to be careful what they discuss but that all of the Council was in support of the project and is business friendly.
Mr. Botelho stated they know this and are here to support the Council and understand the Council approved this before. They know it is this Council’s goal to change the way businesses come into the City.
Councilwoman Capobianco spoke and asked the City Solicitor to explain what the Council’s options are with regards to the decision.
Solicitor Chapman notes the recusals of Assistant Mayor Cunha and Councilman Conley. He explained the applicant can appeal or the City can appeal. The mechanism is that the appeal is filed with the Superior Court within 20 days. Since the decision was filed yesterday the 20 days starts now.
VII. APPOINTMENTS
A. Carousel Commission (by Assistant Mayor Cunha)
Steve Costa, 86 Woodward Avenue (02914)
A motion to approve the Appointment is made by Councilwoman Capobianco, seconded by Councilman Britto and on a roll call vote it is unanimous.
B. Carousel Commission – Alternate (by Mayor Rose)
Christopher Gasparro, 145 Terrace Avenue (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.
C. Traffic Control (by Mayor Rose)
Margaret Schlageter, 33 Church St. Apt. #3 (02914)
A motion to approve the Appointment is made by Councilman Britto, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
D. Historic District Commission (by Councilman Britto)
A. Leo Cassie 115 Goldsmith Ave. Apt. 314 (02914)
A motion to approve the Appointment is made by Councilman Britto, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
VIII. PUBLIC HEARING - ORDINANCE FINAL PASSAGE
A. An ordinance regarding no parking on Callender Avenue (south side) from a point 100 feet east of Pawtucket Avenue easterly for a distance of 200 feet.
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.
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 18-307 entitled “Parking prohibited at all times.” of Article X entitled “Stopping, Standing and Parking” of Chapter 18 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Vehicles and Traffic” is amended by adding thereto the following:
Callender Avenue (south side) from a point 100 feet east of Pawtucket Avenue easterly for a distance of 200 feet
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: Mayor Rose
A motion to approve the Ordinance for final passage is made by Councilwoman Capobianco, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous.
IX. LICENSES NOT REQUIRING PUBLIC HEARING
A. Holiday Sales – Transfer
Transfer from Family Dollar Stores of RI, Inc. to Dollar Express, LLC DBA Dollar Express, 52 Newport Avenue (02916), Erin Johnston, 307 Columbus Avenue, Pawtucket (02861)
A motion to approve the License is made by Councilwoman Capobianco, seconded by Councilman Britto and on a roll call vote it is unanimous.
X. NEW BUSINESS
A. City Manager’s Report (by City Manager, Richard Kirby)
B. Council Members
2. Zoning Board Concerns (by Mayor Rose)
Mayor Rose stated the Council is business friendly and needs to look into the Zoning Board becoming a little bit more business friendly and being up on the times. The Council is discussing changing zoning ordinances to make it easier for business.
The City Manager stated before the end of the year an amended version of the zoning ordinances, which have been being worked on for about 6 months, will come before the Council. He has met with the planning, zoning and law department to review the proposed changes. Some are technical and some are pretty sweeping and they should have a final draft before the end of the year.
Mayor Rose added that some current ordinances are archaic and not with the times.
3. Questions Regarding Sewer Charges (by Assistant Mayor Cunha)
Assistant Mayor Cunha noted there has been a lot of talk since sewer bills came out. He has received quite a few phone calls about this. He calls Director Moore and Director Coutu to the podium. He asks Director Moore to explain the increase in the recent bill.
Director Moore stated there is no rate increase but rather a consumption increase, the rate is the same as it was last November.
Assistant Mayor Cunha asked if this last bill is basically from the summer period from watering lawns etc…? He added the majority of people calling him have just two residents living in a home and other homes with multiple residents are paying less. Is this some sort of issue either between the consumption charges or the software? Can the City look into this? He remembered other meetings where it was noted the software is not that accurate.
Director Coutu stated they don't have an issue with the software. They are upgrading the system to transition into monthly billing and there are issues and questions regarding that. For example, on a particular bill, they might send technicians out and they may discover a toilet leak or excessive outdoor watering. How the rate was established is very heavy on consumption with a very low fixed charge so during the summer months the bill is being based on what the meter is giving. A consultant looked at it and it was stated the fixed charges where a bit lower than they should be. There has been talk about changing the rate to adjust that.
Assistant Mayor Cunha stated he has done research on the current bond structure when this was initiated by a previous City Council. At that time the City’s bond rating was not that great.
Director Moore stated that was somewhat correct.
Assistant Mayor Cunha stated he looked into it and was told the City cannot adjust this rate as it is a pooled rate.
Director Moore replied this is correct the City would still have to pay Clean Water the rate put in the schedule.
Assistant Mayor Cunha asked what if the City were to get a better rate and pay off the $52 million?
Director Moore stated they could look into that but he thinks they did look into it once before and the bond attorney said there wasn't any savings due to the City still having to pay Clean Water.
Mayor Rose asked if there was an early payment option if the City pays the principle off with interest.
Councilman Conley asked if he was remembering correctly, the City’s bond counsel was here back in January and stated it was financially a disadvantage.
Assistant Mayor Cunha stated the City has to do something as we have fixed income people struggling with these bills.
Director Moore replied the new system will help them track their usage better on an hourly and daily basis. It would make things more proactive instead of reactive.
Assistant Mayor Cunha asked if there is a way to purchase a large order of deduct meters and get a significant discount on them.
Director Coutu stated yes.
Assistant Mayor Cunha asked if a resident wanted to put one in their home could the City help them out with financing at zero interest.
Director Coutu stated it’s really the cost of the installation and having to make any modifications to the basement plumbing.
Assistant Mayor Cunha asked if they can we look into a program for a plumber/deduct meter package and have the option to offer it.
Director Coutu stated yes he believes they can look into that and can also give them some sewer abatements.
Assistant Mayor Cunha asked if someone installs a deduct meter will they see a significant reduction in their bill.
Director Coutu explained it depends on how much outside watering they do because they do lose the exemption.
Councilwoman Capobianco asked if they were still on track for monthly billing for January.
Director Coutu responded at this point they are looking at March. They wanted to go through a couple of quarterly run cycles and get the word out first.
City Manager Kirby added the Council may have heard he has been examining the issue and the costs associated with it. The Council should know it would be an add $58,000 per year just for the additional postage plus the cost of an additional clerk in that department. He has raised those issues with Finance and this is a big commitment for the City. He has reservations about it and has had discussions with Director Coutu and Jim Marvel. There are plusses and minuses. There is the ability for homeowners to split the bill up now into monthly payments. Public Works is able to detect leaks early in the process monthly instead of quarterly. He doesn’t know if this is something which needs to be weighed but it would be irresponsible of him not to get the full picture.
Councilwoman Capobianco asked if the Council will be provided with an update.
The City Manager stated yes.
Assistant Mayor Cunha asked if residents could have the option to go paperless.
The City Manager stated yes and he also spoke to the clerks who can take the bill and allow it to be paid over an 8 month period with no interest or late fee.
Councilman Conley asked if it wouldn't be easier to put in an auto pay system and waive the interest and personnel costs.
City Manager Kirby replied as long as it is set up on an automated payment system but he is not sure if all the customers have that ability and each person would need to opt out of paper billing.
Councilman Conley stated he would like to be on the record that he is against any increase of the fixed rate. He doesn’t believe in subsidizing the high end user with the low end user. He believes this is not in the City's best interest. The city can't un-borrow the money and this is the cost of not keeping up with the infrastructure and that is the reality, he wishes there was a better answer but there isn't.
4. Holiday Fest - Freedom Green, December 18th (by Councilman Britto)
Councilman Britto informed everyone that at the last meeting he had given the date for the Holiday Fest as December 12th but the date has been change and it will be December 18th he will continue to keep people informed.
C. Reports of Other City Officials
5. Council Meeting and Claims Committee Dates 2016 (by City Clerk)
All Council Meetings Begin at 7:30PM unless otherwise noted
January 5 & 19
February 2 & 16
March 1 & 15
April 5 & 19
May 3 & 17
June 7 & 21
July 19
August 16
September 6 & 20
October 4 & 18
November 1 & 15
December 5 Inauguration Day
December 6 & 20
Claims Committee Dates 2016
All Claims Committee Meetings begin at 7:00PM unless otherwise noted
January 5 & 19
February 2 & 16
March 1 & 15
April 5 & 19
May 3 & 17
June 7 & 21
July 19
August 16
September 6 & 20
October 4 & 18
November 1 & 15
December 6 & 20
A motion to approve the Council Meeting Dates and the Claims Committee Meeting Dates for 2016 is made by Councilwoman Capobianco, seconded by Councilman Britto and on a roll call vote it is unanimous.
D. Report of School Committee Liaison
School Committee Liaison Tony Ferreira informed the Council the new superintendent will be on board and will start tomorrow. He thanked the City Council who attended the swearing-in ceremony the previous night. He understands this is a controversial subject and there are concerns regarding the results for the City of East Providence testing scores and this will fall on the new superintendent. He notes these issues were throughout the whole State but when you see competency rates at the 20 percent range it is concerning.
Councilman Conley notes Waddington School was the highest in the 40's but he added he understands the test is very controversial and our kids are receiving a better education than those numbers would indicate.
Mr. Ferreira stated there are quirks we have to work on but starting from the top down we can really do some great things.
E. Resolutions
6. RESOLUTION ESTABLISHING THE CITY OF EAST PROVIDENCEYOUTH SOFTBALL ADVISORY COMMITTEE
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, the City Council of the City of East Providence is desirous of providing adequate fields for its youth to enjoy the sport of softball; and
WHEREAS, the City Council of the City of East Providence is solicitous of locating, creating and maintaining softball fields to provide for the utmost use by the youth of the City of East Providence; and
WHEREAS, the City of East Providence has many active, spirited and conscientious citizens who are willing and able to make East Providence a great place to live; and
WHEREAS, the City Council of the City of East Providence is eager in summoning such citizens to assist in establishing the finest youth softball fields in the area.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of East Providence hereby establishes the Youth Softball Advisory Committee to be co-chaired by the Director of Planning, Assistant Superintendent of Parks, and Director of Recreation as well as members from youth softball organizations appointed by each City Council member to advise and assist in the designation, use and allocation of softball fields throughout the City of East Providence and to advise and assist in locating, designating and assisting to secure funds for future softball fields for the City’s youth. The Committee will establish such rules, regulations and procedures as it may deem necessary to fulfill its mission and to report to the City Council the status of its activities at such times as the City Council and Committee may deem necessary and expedient.
Requested by: Mayor Rose
A motion to approve the Resolution is made by Assistant Mayor Cunha, seconded by Councilman Britto and on a roll call vote it is unanimous.
XI. ADJOURNMENT
A motion to Adjourn at 8:33PM is made by Assistant Mayor Cunha, seconded by Councilman Britto and on a roll call vote it is unanimous.
Approved By Council: December 1, 2015
Attest: _______________
City Clerk