CITY OF EAST PROVIDENCE

RHODE ISLAND

JOURNAL OF REGULAR COUNCIL MEETING

September 1, 2015

Council Chambers, City Hall, 145 Taunton Avenue, East Providence, RI 02914

7:00 P.M. Executive Session, Room 101

7:30 P.M. Open Session

 

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)(5).

 

A.    New Claims:

1.      Ibrahim Daoudi

2.      Barbara Rotella

3.      Stephanie Santos

 

B.     Sewer Charge Abatements:

1.      Frederic H. Behr

2.      Walter & Joan DeCosta

3.      Timothy Frazier

4.      Mary Medeiros

5.      Sergio Pacheco

6.      Leo & Sandra Paquette

7.      Brian & Diane Connors

8.      Norman & Beatrice Desautel

9.      Paul Newman

10.  Antonio & Stacy Santiago

 

C.     Discussion of Riverside Covenant Church Property

 

II.                CALL TO ORDER

 

III.             SALUTE TO THE FLAG

 

IV.             TO APPROVE THE CONSENT CALENDAR

 

A.    Letters

1.      Resolution Exeter Town Council in support of the Quonset Air Museum.

2.      Resolution Hopkinton Town Council in support of the Quonset Air Museum.

3.      Resolution Foster Town Council in support of the Quonset Air Museum.

4.      Resolution of Little Compton Town Council in support of the Quonset Air Museum.

5.      Resolution of the City of Pawtucket in support of the Quonset Air Museum.

 

B.     Cancellations/Abatements

Year	Amount
2012	$71,335.06
2013	$119,064.33
2014	$3,865.25
2015	$10,270.49
Total	$204,535.13

 

C.     Council Journals

1.      Regular Council Meeting July 21, 2015

2.      Show Cause Hearing July 28, 2015

3.      Show Cause Hearing August 11, 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.    Carolyn Plante – Subdivision to build a house on Rounds Avenue on church land

B.     Tina Lima – Subdivision

C.     Earl S. Dunlap, Jr., 50 Timberland Drive – Subdivision

D.    Diane Ouellette - Subdivision

E.     Patrick Damian – Subdivision

F.      Patrick Coughlin – Estrell Drive Stop Sign Ordinance Repeal

 

VI.             PROCLAMATIONS AND PRESENTATIONS

 

A.    Presentation of the Resolution naming the Maria Pinheiro Memorial Playground which was passed by the City Council on July 21, 2015.  (by Assistant Mayor Cunha)

Assistant Mayor Cunha reads the Resolution and presents an official copy of the Resolution to the family of Maria Pinheiro.

 

VII.          COMMUNICATIONS

 

A.    Robin Winslow, 209 Terrace Avenue (02915) requesting to address the Council regarding the Terrace Association seeking permission to approve the Annual Block Party on September 12, 2015 from 4:00PM-8:00PM blocking access at Riverside Drive and Seaview Avenue.

 

A motion to approve the is made by Councilman Conley, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous. 

 

B.     Theresa Cabral, 55 Colwell Street requesting to address the Council regarding blocking Colwell Street for a birthday party on September 5, 2015.

 

A motion to approve is made by Councilwoman Capobianco, seconded by Councilman Conley and on a roll call vote it is unanimous. 

 

C.     David Silvia, 1086 South Broadway (02914) requesting to address the Council regarding ADA compliance for City sidewalks. 

 

Director Coutu was called to the podium.   He stated that he went out immediately after he was notified and checked that all the intersections had curb cuts.  Extensive money was spent on a couple of those streets and curb cuts were put in per ADA Guidelines which state that if/when the City does a roadway improvement that they then do the sidewalks and this has taken place.  Regarding trees they have been cutting down 75-100 year old trees where the roots were causing issues with the sidewalks.  He added that he spoke with Mr. Silvia last week.  Right now the State is not funding much in the way of sidewalk repairs as they are focusing on a number of large bridge repairs.  Warren and Pawtucket Avenue are both State owned and maintained.  The City has requested from the State for last 10 years to fix these sidewalks as part of their improvement plan but they have not yet funded this as their focus is on the bridges.  He offered to meet with Mr. Silvia so that he could show him the locations which he is referring to on S Broadway they are currently working on Bliss Street and S Broadway.

Assistant Mayor Cunha asked Director Coutu if the curb cuts are there.  Director Coutu stated that he believes they are. 

Mr. Silvia stated they are not and he will meet with Director Coutu tomorrow to show him and the Mayor if he would like to attend as well.

The Mayor stated he would.  

 

D.    Dana King, 70 Timberland Drive requesting to address the Council regarding property development plans of Covenant Church of Riverside, neighborhood concerns with adverse effects of development of wetlands. 

 

Councilwoman Capobianco stated she will do everything in her power not to have the property developed. 

Councilman Conley stated the ultimate authority is the Planning Board regarding the development.  The church was paying $2,000 in taxes per year.  The Church has added to their purchase price an estimate on what they spent on marketing the property.  It was never about the taxes it was about making money.  Councilman Conley added he would appreciate it if the Church would own that.

 

VIII.       APPOINTMENTS

 

A.    Sealer of Weights and Measures (by Assistant Mayor Cunha)

John M. Braga, 45 Mary Avenue (02914)

 

A motion to approve is made by Assistant Mayor Cunha, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous. 

 

B.     Traffic Control (by Mayor Rose)

Scott Larsson, 34 Grove Avenue (02914)

 

A motion to approve is made by Assistant Mayor Cunha, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous. 

 

IX.             PUBLIC HEARING - ORDINANCE FINAL PASSAGE

 

A.    An ordinance regarding a One Way on Rice Avenue (eastbound) from Pawtucket Avenue to Dover 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.  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 final passage is made by Assistant Mayor Cunha, seconded by Councilman Britto and on a roll call vote it is unanimous. 

 

B.     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 Councilwoman Capobianco, seconded by Assistant Mayor Cunha 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 final passage is made by Assistant Mayor Cunha, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous. 

 

X.                LICENSES NOT REQUIRING PUBLIC HEARING

 

A.    Vict/Not Over 25 – Transfer

From Bindhu Thomas DBA Bullock’s General Store to Lijo S. Thomas DBA Riverside Market, 269 Bullocks Point Avenue (02915), Lijo S. Thomas, 73 Quaker Lane, Warwick (02893)

 

A motion to approve the License is made by Councilwoman Capobianco, seconded by Councilman Britto and on a roll call vote it is unanimous. 

 

B.     Holiday Sales – Transfer

From Bindhu Thomas DBA Bullock’s General Store to Lijo S. Thomas DBA Riverside Market, 269 Bullocks Point Avenue (02915), Lijo S. Thomas, 73 Quaker Lane, Warwick (02893)

 

A motion to approve the License is made by Assistant Mayor Cunha, seconded by Councilman Britto and on a roll call vote it is unanimous. 

 

C.     Vict/Not Over 50

Broadway Diner, Inc. DBA Broadway Diner, 446 North Broadway (02914), Michael D. Arena, 5 Red Oak Drive, Cranston (02921)

 

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. 

 

XI.             NEW BUSINESS

 

A.    City Managers Report (by Acting City Manager, Paul Lemont)

1.      Forbes Street Solar Project  Two Year Extension for Lease

Bill Martin, President of CME and the attorney for CME Alan Shaw come to the podium.

Alan Shaw stated this has been a win/win project and it’s been a pleasure to work with the City.  They are looking at building another project on the same site which will also be a benefit to the City and to do so they will need to extend the term of the option agreement to allow CME to develop the project with the Forbes Street partners.  They need to secure the contract with National Grid but to win the bid with them the development needs to have site control on the property and the vote to extend the term of the option will allow for this.    

Mr. Martin congratulated the City for receiving the award adding it is a unique achievement that the Nation knows about and it serves as a model and he thanked the City for the opportunity to expand the project to double it in size and double the revenue the City would enjoy.  They will submit the bid for certain pricing and there is a ceiling they cannot go beyond.  They have a lot of design responsibility on the site and are working with Director Jeanne Boyle and Director Steve Coutu to have a development plan that will take them beyond where they are. With the option agreement they are asking for an extension to have the time to do a project very similar to the one they have now.

 

2.      Pension Increase – Ad Hoc COLA Adjustments

 

The City Manager reported there are 55 members of the police and fire pension plan which retired prior to the adoption of a COLA some of these are spouses.  These people are aging and in the past this increase has happened twice because they didn't get a COLA the City had made an ad hoc COLA for them.  This represents a 2% increase which will cost the City $7,800 per year and he is recommending the Council approve the increase to the 55 survivors.

 

A motion to approve is made by Councilman Britto, seconded by Councilwoman Capobianco 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 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

                            TUESDAY, SEPTEMBER 1, 2015; 7:00 P.M.; ROOM 101

====================================================================

                                                                 NEW CLAIMS

 

IBRAHIM DAOUDI                                                                                                            $231.98

RM No. 15-069, Claim No. 15-059

Claim for property damage to vehicle sustained as a result of striking a pothole near the intersection of Ninth Street and Mauran Avenue.  See recommendation of the Director of Public Works.

Motion by:  Councilman Britto                                   Seconded by:  Councilwoman Capobianco

Motion:  Approve the claim in the amount of $231.98.

VOTE	MAYOR ROSE	COUNCILMAN BRITTO	COUNCILWOMAN CAPOBIANCO	COUNCILMAN CONLEY	COUNCILMAN CUNHA
Aye	√	√	√	√	√
Nay
Abstain
Absent

 

BARBARA ROTELLA                                                                                                        $103.55

RM No. 15-074, Claim No. 15-061

Claim for property damage to vehicle sustained as a result of striking a pothole on Village Green Drive.  See recommendation of the Director of Public Works.

Motion by:  Councilman Britto                                   Seconded by:  Councilwoman Capobianco

Motion:  Approve the claim in the amount of $103.55.

VOTE	MAYOR ROSE	COUNCILMAN BRITTO	COUNCILWOMAN CAPOBIANCO	COUNCILMAN CONLEY	COUNCILMAN CUNHA
Aye	√	√	√	√	√
Nay
Abstain
Absent

 

STEPHANIE SANTOS                                                                                                        $350.00

RM No. 15-072, Claim No. 15-060

Claim for reimbursement of expenses incurred as a result of a sewer backup.  See recommendation of the Director of Public Works.

Motion by:  Councilman Cunha                                  Seconded by:  Councilwoman Capobianco

Motion:  Approve the claim in the amount of $350.00.

VOTE	MAYOR ROSE	COUNCILMAN BRITTO	COUNCILWOMAN CAPOBIANCO	COUNCILMAN CONLEY	COUNCILMAN CUNHA
Aye	√	√	√		√
Nay
Abstain				√
Absent

 

SEWER CHARGE ABATEMENTS

FREDERIC H. BEHR                                                                                                          $221.51

Request for a sewer charge abatement for the property located at 210 Terrace Avenue 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 $221.51.

VOTE	MAYOR ROSE	COUNCILMAN BRITTO	COUNCILWOMAN CAPOBIANCO	COUNCILMAN CONLEY	COUNCILMAN CUNHA
Aye	√	√	√	√	√
Nay
Abstain
Absent

 

BRIAN & DIANE CONNORS                                                                                           $349.05

Request for a sewer charge abatement for the property located at 70 Plymouth Road in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilman Britto                                   Seconded by:  Councilman Cunha

Motion:  Approve the abatement in the amount of $349.05.

VOTE	MAYOR ROSE	COUNCILMAN BRITTO	COUNCILWOMAN CAPOBIANCO	COUNCILMAN CONLEY	COUNCILMAN CUNHA
Aye	√	√	√	√	√
Nay
Abstain
Absent

WALTER & JOAN DECOSTA                                                                                           $128.88

                                                                                                                                                           

Request for a sewer charge abatement for the property located at 77 Willett Avenue in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilman Britto                                   Seconded by:  Councilman Cunha

Motion:  Approve the abatement in the amount of $128.88.

VOTE	MAYOR ROSE	COUNCILMAN BRITTO	COUNCILWOMAN CAPOBIANCO	COUNCILMAN CONLEY	COUNCILMAN CUNHA
Aye	√	√	√	√	√
Nay
Abstain
Absent

 

NORMAN & BEATRICE DESAUTEL                                                                                $48.22

Request for a sewer charge abatement for the property located at 95 Bluff 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 $48.22.

VOTE	MAYOR ROSE	COUNCILMAN BRITTO	COUNCILWOMAN CAPOBIANCO	COUNCILMAN CONLEY	COUNCILMAN CUNHA
Aye	√	√	√	√	√
Nay
Abstain
Absent

 

TIMOTHY FRAZIER                                                                                                          $171.84

Request for a sewer charge abatement for the property located at 73 Jay Street in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilman Britto                                   Seconded by:  Councilman Cunha

Motion:  Approve the abatement in the amount of $171.84.

VOTE	MAYOR ROSE	COUNCILMAN BRITTO	COUNCILWOMAN CAPOBIANCO	COUNCILMAN CONLEY	COUNCILMAN CUNHA
Aye	√	√	√	√	√
Nay
Abstain
Absent

 

FRED & LORIANNE MEDEIROS                                                                                    $386.64

Request for a sewer charge abatement for the property located at 190 Martin Street 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 $386.64.

VOTE	MAYOR ROSE	COUNCILMAN BRITTO	COUNCILWOMAN CAPOBIANCO	COUNCILMAN CONLEY	COUNCILMAN CUNHA
Aye	√	√	√	√	√
Nay
Abstain
Absent

 

MARY MEDEIROS                                                                                                             $169.05

Request for a sewer charge abatement for the property located at 38 Larchmere 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 $169.05.

VOTE	MAYOR ROSE	COUNCILMAN BRITTO	COUNCILWOMAN CAPOBIANCO	COUNCILMAN CONLEY	COUNCILMAN CUNHA
Aye	√	√	√	√	√
Nay
Abstain
Absent

 

PAUL NEWMAN                                                                                                                 $164.70

Request for a sewer charge abatement for the property located at 12 Tryon Avenue 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 $164.70.

VOTE	MAYOR ROSE	COUNCILMAN BRITTO	COUNCILWOMAN CAPOBIANCO	COUNCILMAN CONLEY	COUNCILMAN CUNHA
Aye	√	√	√	√	√
Nay
Abstain
Absent

 

SERGIO PACHECO $946.19

Request for a sewer charge abatement for the property located at 28 Jenks Street 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 $946.19.

VOTE	MAYOR ROSE	COUNCILMAN BRITTO	COUNCILWOMAN CAPOBIANCO	COUNCILMAN CONLEY	COUNCILMAN CUNHA
Aye	√	√	√	√	√
Nay
Abstain
Absent

 

LEO & SANDRA PAQUETTE                                                                                           $849.11

Request for a sewer charge abatement for the property located at 45 Bent Road 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 $849.11.

VOTE	MAYOR ROSE	COUNCILMAN BRITTO	COUNCILWOMAN CAPOBIANCO	COUNCILMAN CONLEY	COUNCILMAN CUNHA
Aye	√	√	√	√	√
Nay
Abstain
Absent

 

ANTONIO & STACY SANTIAGO                                                                                      $99.66

Request for a sewer charge abatement for the property located at 15 Meadowcrest 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 $99.66.

VOTE	MAYOR ROSE	COUNCILMAN BRITTO	COUNCILWOMAN CAPOBIANCO	COUNCILMAN CONLEY	COUNCILMAN CUNHA
Aye	√	√	√	√	√
Nay
Abstain
Absent

 

A motion to approve the Claims Committee Report is made by Councilman Britto, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous. 

 

C.     Council Members

1.      Silver Spring Playground (by Councilwoman Capobianco)

 

Director Steve Coutu was called to the podium and reported the basketball court is competed and students are using it now.  The playground is all prepped and they are just waiting on the delivery of equipment.  They are anticipating next week for delivery and it will be installed immediately.  The back stop will be installed this week.  The Maria Pinheiro Memorial sign will be installed once the playground is completed.

 

2.      Mayoral/Council Form of Government (by Councilman Britto)

 

Councilman Britto deferred this item to the next Council meeting and will submit the amendment wording to the law department.

 

D.    Report of School Committee Liaison

There is no School Committee Report

E.   Introduction of Ordinances

 

1.      An Ordinance Repealing a Stop Sign on Estrell Drive at Larry Lane.

A motion to dispense with the reading of the Ordinance is made by Councilwoman Capobianco, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous.

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 deleting therefrom the following:

Estrell Drive (northbound and southbound traffic) at Larry Lane

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 Conley

Councilman Conley stated that the original proposed ordinance derived from a petition signed by a large number of people living in the area due to speeding on the roadway.  However, after the sign was installed residents who lived adjacent to the sign have spoken about how it impacted the quality of their life.  They are requesting the City repeal the sign ordinance and investigate other options on how to control speed.

 

A motion to approve the Ordinance for first passage is made by Councilwoman Capobianco, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous. 

 

XII.          ADJOURNMENT

 

A motion to Adjourn at 9:15PM is made by Councilwoman Capobianco, seconded by Councilman Britto and on a roll call vote it is unanimous. 

 

Approved By Council:  September 15, 2015

Attest:  _______________

                 City Clerk