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CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
April 5, 2016
Council Chambers, City Hall, 145 Taunton Avenue, East Providence, RI 02914
7:00 P.M. Executive Session
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)(2).
A. New Claims
1. Donald Doxey
2. Perfect Puppy, Inc.
3. Lacie Sarria
B. Sewer Charge Abatements
1. Steven Abatiello
2. Idalina Dos Reis
3. Tasca Properties LLC
Mayor Rose calls the meeting to order at 7:31PM.
A. Letters
1. Resolution Warren Town Council Relative to Transportation Categorical Aid to Regional Districts.
2. Resolution Burrillville Town Council in support of legislation restoring funding for the Sate Aid to Libraries to the full 25 percent.
3. CRMC Semi-Monthly Meeting, Tuesday, March 22, 2016, 6PM, Administration Building, Conference Room A, One Capitol Hill, Providence.
4. CRMC Program Changes notice of Public Hearing for Proposed Rule-Making Shoreline Change Maps.
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.
There were no Public Comments.
A. Gordon R. Archibald Inc. Summit Street Traffic Study Presentation (by Assistant Mayor Cunha)
Mr. Roger Marshall presents.
Assistant Mayor Cunha states he agrees with Mr. Marshalls comments regarding the tractor trailer traffic and asked about a one way toward Waterman.
Mr. Gordon feels this would create a bottleneck as there are too many cars at the Warren Avenue interchange to the east and too many going through the signal at a high crash location. In addition, it would also cause issues for those getting off 195.
Assistant Mayor Cunha asked about inbound traffic toward Waterman, a one way forcing a right onto Valley via Cross.
Mr. Gordon indicates that 461 cars would be diverted and all of the traffic would then go to Valley and take a left onto Warren, crossing the traffic, taking a left onto Veterans Memorial Parkway. He notes they tried all these scenarios and it's just too much traffic. They can't send all of the cars only a small portion of them because the area is already at capacity and backing up onto Warren.
Assistant Mayor Cunha asked if it would be better to put a bigger sign maybe an overhead sign.
Mr. Gordon replied that is an option to add a bigger sign perhaps even a message board even if only on a temporary basis.
Assistant Mayor Cunha asked about detouring traffic for a short period of time to basically show them there is an alternate route.
Mr. Gordon stated they would still be sending all the traffic to the same area.
Assistant Mayor Cunha stated a bigger sign might provide a clearer detour option that some may take advantage of without all of the traffic being diverted. It is a lot of traffic coming from the East Side.
Mr. Gordon agreed and noted it is actually a shorter route with no traffic lights although it seems longer it is not.
The City Manager stated the study has been very helpful and he would suggest having the Chief and the traffic division put some markers over the next 3-4 months to try these various options and provide feedback from the neighborhood and traffic division and to do traffic counts.
Assistant Mayor Cunha stated most of that had been done already and EPPD did the traffic counts. He requested they work on putting a bigger sign there to help with some of the traffic.
Tom Riley speaks regarding how bad the traffic situation is and notes perhaps they can allow a turn only during certain hours.
A. Wendy Davis from the Good Neighbor Soup Kitchen, 55 Turner Avenue (02915) requesting to address the Council regarding providing information on what their non-profit does and requesting information on what kind of funds may be available for them.
Ms. Wendy Davis, President of Good Neighbors Soup Kitchen Day Shelter Food Pantry is present and brochures and pamphlets are handed out explaining what the shelter does. It is housed in the old St Brendan's Church School and has been there about a year and a half. They provide a hot breakfast and lunch to primarily homeless individuals. There are about 70 every day. They also provide a day shelter during the day from 8am-2pm where they can stay warm and dry and off the streets. They provide clothing and accept donations of personal hygiene products and have a library of books they can use as well as a computer resource center and a laundry washer and dryer on site. The food pantry is mostly for low income families with a single earner and they receive a bag of groceries, bread and meat if it is available. They provide for 300 local families, 17,000 meals 1,100 bags of groceries and during the holidays, Thanksgiving and Christmas baskets to 177 families. They have a holiday store for children and parents to select presents. There are 98 children provided food and healthy nutritious snacks during the summer. They have only one full time employee and one part time employee. They are still short funds. When they left Bristol they lost $40,000 in grant monies. They have applied for $25,000 through CDBG and have come to speak to the Council to see if other funds might be available.
Mayor Rose let them know that CDBG funding will be held at the next meeting.
The City Manager asked if he could request as part of his report later this meeting to discuss a meet and greet being held on April 13th for the Arts Council in the City Hall Lobby to meet with local representatives and city councilors and school committee members and it might be a nice time to request a fundraiser for the food pantry by the Arts Council who might be willing to help.
B. Geoffrey Smith, 14 Meadowbrook Lane, Mattapoisett, MA 02739 requesting to address the Council regarding the Narragansett Bay Half Marathon and 5K being held on July 24, 2016 at 7AM.
Mr. Geoffrey Smith stated he is here to ask for permission to run the road race again this year. This will be the 3rd year they are putting this on.
Mayor Rose asked the Solicitor if everything was successful last year.
The Solicitor called Chief Parella to the podium. Chief Parella stated they usually ask for a payment plan from any organization using City services and to work out with the EPPD a 50% upfront payment.
Mr. Smith noted that last year Sgt Andrews had let him know how many officers were required and they paid the bill at the end of the race. They always pay all of their bills.
The Solicitor stated the organization has a great reputation and if the EPPD are ok with it that might be way to handle it.
Chief Parella stated he has done well in the past and did not ask last year in this particular case. Adding he doesn’t feel it is going to be an issue. The noted he will talk to traffic and if they have to pre-pay and asked Mr. Smith if he would be willing to do so.
Mr. Smith indicated he would.
A motion to approve subject to police approval, if necessary, is made by Assistant Mayor Cunha, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
A. Traffic Control (by Mayor Rose)
Frantz Baudouin, 29 First Street (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.
A. B-Full Privilege Vict - Change of Location from 141 Newport Avenue (02916)
141 Corp. DBA Uncle Tony’s Pizza & Pasta, 260 Newport Avenue (02916), Stephen Ricard, 3 Emerald Lane, Johnston (02919)
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.
A. Vict/Over 50 – Change of Location from 141 Newport Avenue (02916)
141 Corp. DBA Uncle Tony’s Pizza & Pasta, 260 Newport Avenue (02916), Stephen Ricard, 3 Emerald Lane, Johnston (0299)
Steven Picard is present. He has been in business for 42 years and now needs a larger facility and parking lot.
A motion to approve the License is made by Assistant Mayor Cunha, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
B. Vict/Not Over 50
Riverside Grill Inc. DBA Riverside Grill, 277 Bullocks Point Avenue (02915), Sabu Varchese, 60 Commons Drive, Apt 412, Shrewsbury, MA 01545
A motion to approve the License is made by Assistant Mayor Cunha, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
C. Vict/Not Over 50
Tachi’s Kitchen LLC, 467 Willett Avenue (02915), Jose Gutierrez, 63 Darling Street, FL 1, Central Falls (02861)
Jose Gutierrez is present. He states he hopes to be open on May 1st.
A motion to approve the License is made by Councilman Britto, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous.
D. Vict/Not Over 25 – Transfer
Transfer from Lori & Richard Maratto DBA Riverside Creamery to Kristen & Shayne Steele DBA Riverside Creamery, 447 Willett Avenue (02915), Kristen & Shayne Steele, 2 Hill Court, Seekonk, MA 02771
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.
1. AN ORDINANCE IN AMENDMENT OF CHAPTER 5 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “FIRE PREVENTION”
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.
SECTION I. Sec. 5-6 entitled “Appeals from decision of chief of fire department” of Article I entitled “In General” of Chapter 5 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Fire Prevention” is hereby deleted in its entirety.
SECTION II. Sec. 5-33 entitled “Notice of violation generally” of Article II entitled “Inspections, Compliance and Violations of Fire Safety Code” of Chapter 5 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Fire Prevention” is amended to read as follows:
(a) Whenever the chief of the department or his/her designate determines that there are reasonable grounds to believe that there is a violation of any provision of this article or of any rule or regulation adopted pursuant thereto, he shall give notice of such alleged violation to the person responsible therefor as hereinafter provided. Such notice shall be in writing, shall set forth the alleged violation, and shall describe the nonresidential structure or dwelling place of four or more units or three family residential structures only for the sole purpose of interconnected smoke and carbon monoxide detectors where the violations are alleged to exist or to have been committed. and a reasonable time to correct it and shall be served upon the owner, operator or occupant as the case may require. Such notice of violation shall be deemed to be properly served upon such owner, operator or occupant if a copy thereof is served upon him personally, if a copy thereof is sent by registered mail or certified mail, return receipt requested, to the last known address of such person. If one or more persons to whom the notice is addressed cannot be found after diligent effort to do so, service may be made upon the person or persons by posting a notice in or about the nonresidential structure or dwelling place of four or more units described in the notice, or by causing the notice to be published in a newspaper of general circulation, for a period of three consecutive days.
(b) The notice shall provide for the time the alleged violation shall be remedied, and shall inform the person to whom it is directed that a written request for a hearing on the alleged violation may be filed with the Fire Safety Code Board of Appeal and Review within thirty (30) days after service of the notice. The notice will be deemed properly served upon a person if a copy thereof is served him or her personally, by the authority having jurisdiction or any other person having authority to serve process, or sent by registered or certified mail to his or her last known address, or if he or she is served with notice by any other method of service now or hereafter authorized in a civil action under the laws of this state. If no written request for a hearing is made to the Fire Safety Code Board of Appeal and Review within thirty (30) days of the service of notice, the notice shall automatically become a compliance order. The authority issuing the notice of violation shall have the power to extend in writing the time in which the alleged violation shall be remedied if the authority shall find, to the authority's satisfaction, that a good faith effort is being made to remedy the violation, and that the extension of time to remedy the violation will not result in a significant threat to life safety.
(c) If a person upon whom a notice of violation has been served under the provisions of this section or if a person aggrieved by any such notice of violation requests a hearing before the Fire Safety Code Board of Appeal and Review within thirty (30) days of the service of notice of violation, the Board shall set a time and place for the hearing, and shall give the person requesting that hearing notice as outlined in R.I.G.L. §23-28.3-5. After the hearing, the Board may make findings of fact and shall sustain, modify, or withdraw the notice of violation. If the Board sustains or modifies the notice, that decision shall be deemed a compliance order and shall be served upon the person responsible in any manner provided for the service of the notice in this section.
(d) The compliance order shall state a time within which the violation shall be remedied, and the original time specified in the notice of violation shall be extended to the time set in the order.
(e) Whenever a compliance order has become effective, whether automatically where no hearing has been requested, or upon decision following a hearing, the fire marshal may institute injunction proceedings in the district court of the state for enforcement of the compliance order and for appropriate temporary relief, and in that proceeding the correctness of a compliance order shall be presumed and the person attacking the order shall bear the burden of proving error in the compliance order. The remedy provided for in this section shall be cumulative and not exclusive and shall be in addition to remedies relating to the removal or abatement of nuisances or any other remedies provided by law. The district court shall have full equity power to hear and address these matters.
(f) The chief of the department or his/her designate shall have the right to prosecute for any provision of this article or of any rule or regulation adopted pursuant thereto, and is hereby authorized to execute all warrants, for the violation of laws, rules, and regulations relating to this chapter and to serve subpoenas issued for the trial of all offenses against the laws, rules, and regulations relating to this chapter.
(g) Any property owner, lessee or other person who violates or fails, or refuses to comply with the provisions of the state Fire Safety Code or the provisions of this section shall be subject to prosecution in the East Providence Municipal Court and/or the Rhode Island District Court through the Rhode Island State Fire Marshal’s Office.
(h) Any party aggrieved by a final judgment of the district court may, within thirty (30) days from the date of entry of such judgment, petition the Supreme Court for a writ of certiorari to review any questions of law. The petition shall set forth the errors claimed. Upon the filing of the petition with the clerk of the Supreme Court, the Supreme Court may, if it sees fit, issue its writ of certiorari.
SECTION III. Sec. 5-34 entitled “When second notice of violation to become a compliance order; service of compliance order” of Article II entitled “Inspections, Compliance and Violations of Fire Safety Code” of Chapter 5 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Fire Prevention” is hereby deleted in its entirety.
SECTION IV. Sec. 5-36 entitled “Appeals from compliance orders generally--Authorized” of Article II entitled “Inspections, Compliance and Violations of Fire Safety Code” of Chapter 5 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Fire Prevention” is hereby deleted in its entirety.
SECTION V. Sec. 5-42 entitled “Hearing upon notice of violation” of Article II entitled “Inspections, Compliance and Violations of Fire Safety Code” of Chapter 5 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Fire Prevention” is hereby deleted in its entirety.
SECTION VI. This ordinance shall take effect upon its second passage and all ordinances or parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Councilman Britto
A motion to approve the Ordinance is made by Councilman Britto, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
2. AN ORDINANCE IN AMENDMENT OF CHAPTER 4 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “BUILDINGS AND BUILDING REGULATIONS.”
A motion to dispense with the reading of the Ordinance is made by Councilwoman Capobianco, seconded by Councilman Britto and on a roll call vote it is unanimous.
SECTION I. Subsections (b) & (c) of Sec. 4-20 entitled “Fire safety permits.” of Chapter 4 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Buildings and Building Regulations.” are hereby amended to read as follows:
(b) Life safety plan review. Every request to the city fire marshal's office for a life safety plan review shall be accompanied by the fee as prescribed as follows:
New buildings, additions, alterations, structures, etc. (based on cost of construction less cost of site and utility work, plumbing, mechanical and electrical):
(1) $500.00 or less .....$25.00
(2) Over $500.00 but not over $1,000.00 .....$35.00
(3) Over $1,000.00 but not over $2,000.00 .....$45.00
(4) Over $2,000.00 but not over $500,000.00 (Plus $6.00 per $1,000.00 or fraction thereof over $2,000.00) .....$45.00+
(5) Over $500,000 (plus $4.00 per $1,000.00 or fraction thereof over $500,000) .....$3,033.00+
Single Family Dwelling .....$ 75.00
Two Family Dwelling .....$125.00
Three Family Dwelling .....175.00 $125.00
(c) Fire alarm installation plan review and inspection permit. Every request to the city fire marshal's office for a fire alarm installation plan review and inspection permit shall be accompanied by the fee as prescribed as follows:
New buildings, additions, alterations, structures, etc. (based on cost of construction):
(1) $500.00 or less .....$25.00
(2) Over $500.00 but not over $1,000.00 .....$35.00
(3) Over $1,000.00 but not over $2,000.00 .....$45.00
(4) Over $2,000.00 but not over $500,000.00 (plus $6.00 per $1,000.00 or fraction thereof over $2,000.00) .....$45.00+
(5) Over $500,000.00 (plus $4.00 per $1,000.00 or fraction thereof over $500,000.00) .....$3,033.00+
SECTION II. Section 4-20 entitled “Fire safety permits.” of Chapter 4 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Buildings and Building Regulations.” is hereby amended by adding thereto the following:
(d) Heating ventilation and air conditioning (HVAC) installation plan review and inspection permit. Every request to the city fire marshal’s office for HVAC requiring a fire alarm system connection for fan shut-down shall be accompanied by the fee as prescribed as follows:
New buildings, additions, alterations, structures, etc. (based on installation cost):
(1) $500.00 or less…..$25.00
(2) Over $500.00 but not over $1,000.00…..$35.00
(3) Over $1,000.00 but not over $2,000.00…..$45.00
(4) Over $2,000.00 but not over $500,000.00 (plus $6.00 per $1,000.00 or fraction thereof over $2,000.00)…..$45.00+
(5) Over $500,000.00 (plus $4.00 per $1,000.00 or fraction thereof over $500,000.00).….$3,033.00+
SECTION III. This ordinance shall take effect upon its second passage and all ordinances or parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Councilman Britto
A motion to approve the Ordinance is made by Councilman Britto, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
3. AN ORDINANCE IN AMENDMENT OF CHAPTER 12 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “POLICE”
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.
SECTION I. Subsections (1) and (6) of Section 12-18 entitled “Qualifications for appointment” of Chapter 12 of the Revised Ordinances of the City of East Providence, Rhode Island, as amended, entitled “Police” are amended to read as follows:
(1) The applicant must not be under 18 21 years of age at the time of the application deadline.
(6) The applicant must have an education at least equal to the completion of an associate degree (60 credit hours) with a concentration in law enforcement or criminal justice from an accredited college or university, or a bachelors degree. Two years of honorable active military service or four years of reserve or national guard duty may be substituted for the educational requirements. Likewise, certification from the state municipal police academy as municipal police officer, or three years of satisfactory employment as a correctional officer may be substituted for the educational requirement.
SECTION II. Section 12-19 entitled “Employment; eligibility” of Chapter 12 of the Revised Ordinances of the City of East Providence, Rhode Island, as amended, entitled “Police” is amended to read as follows:
Applicants for appointment to the permanent police force shall follow examination procedures as established from time to time by the director of personnel and/or ordinance, including the passing of required examinations and placement on an eligibility list. An eligible entry level applicant shall first be appointed as a police trainee in accordance with section 11-66, and he must successfully graduate from the state municipal police academy prior to being appointed as a probationary police officer.
SECTION III. This ordinance shall take effect upon its second passage and all ordinances inconsistent herewith are hereby repealed.
Requested by: Councilwoman Capobianco
A motion to approve the Ordinance is made by Councilman Britto, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
4. AN ORDINANCE IN AMENDMENT OF CHAPTER 11 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED ENTITLED "PERSONNEL”
A motion to dispense with the reading of the Ordinance is made by Assistance Mayor Cunha, seconded by Councilman Britto and on a roll call vote it is unanimous.
SECTION I. Subsection (g) entitled "Rating examinations" of Sec. 11-64 entitled "Examination procedure" of Chapter 11 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled "Personnel" is amended to read as follows:
(g) Rating examinations. The final score of a candidate shall be based upon all tests and evaluations in the examination. Failure in one part or test of the examination may be grounds for declaring candidates as failing in the entire examination or as disqualified for subsequent parts of an examination. In addition, in rating examinations for entrance into the classified service, except for police and fire candidates, the director shall increase the score of a candidate, one percent point for each consecutive year that such current resident-candidate has been a resident of the city up to a maximum of ten percent points. In rating examinations for police and fire candidates for entrance into the classified service, the director shall increase the score of a current resident-candidate one percent point for each consecutive year that such candidate has been a resident of the city up to a maximum of five percent points. Furthermore, in rating examinations for entrance into the classified service, the director shall increase the score of a veteran-candidate four percent points or five percent points for a post-9/11 veteran-candidate, up to a maximum of five percent points. such increase being cumulative with the resident-candidate scoring. However, the maximum amount of incentive points that a candidate may receive is to be capped at five points. For the purposes of this section, the terms "veteran" and "post-9/11 veteran" are as defined in the Veterans Opportunity to Work (VOW) To Hire Heroes Act of 2011, 5 U.S.C. § 2108, as may be amended from time to time. Seventy percent shall be the lowest score on an examination to be acceptable as qualifying and the maximum score shall be 100 percent.
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 is made by Councilman Britto, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
A. City Manager’s Report (by City Manager, Richard Kirby)
1. Approval for Atrion Networks, Core Network Upgrade Project
The City Manager calls IT Director Ahrens to the podium.
Director Ahrens refers the Council to the memo regarding the upgrade project. She is seeking to replace the two most important switches in the City, the one at City Hall and the one at EPPD. The equipment is a little over $100,000. There is a project manager fee of $30,000. This is a tricky project. They have to network live and then cut over. This includes every single email, 911 phone calls all of this goes through these two switches. Normally there is not a fee but this requires the highest standards. She is asking for approval tonight. The switches do not need to be replaced all the time. The last time was 2005. It is usually takes place every 7 years and it is important to do it well.
Councilman Britto asked about the fee for $30,000.
Director Ahrens explained what happens is Atrion, who is currently managing the phone system and dispatch, including the school system and the two core switches, the new ones are to be built right next to the current operations and then moved over, as a cut over. They have to be working in conjunction with the State Police dispatch and 911. It is very important to have a professional doing this. 90 percent of time IT would do this but these two switches are too important and they can't lose anything.
Councilman Britto asked if there was money from the State that could contribute from certain tax revenues put aside for 911.
Director Ahrens stated she is not sure as this is strictly the City's upkeep lines perhaps block grant money could be used towards this.
The City Manager stated probably not but they will take a look at it.
Director Ahrens let them know that the funds were budgeted in the general fund for this project under the IT Budget.
Councilwoman Capobianco asked if it was for this amount and Director Ahrens stated it was.
A motion to Approve is made by Councilman Britto, seconded by Assistance Mayor Cunha and on a roll call vote it is unanimous.
2. Earth Day Cleanups and Adopt an Island Program
Director Coutu is called to the podium. He announces that in the spirit of Earth Day, April 22nd, they will be assisting a number of civic and volunteer groups doing neighborhood and shoreline clean ups from April to May. Those interested should contact Donna McMahon in the Department of Public Works and groups should register as the City will supply gloves and bags and City crews will pick up the filled bags. There is also free tipping fees at the dump as long as the cleanup is on file with the Department of Public Works. He added that he would like to thank those who have already signed up such as Save the Bay, the Squantum Group, 10 Mile River Watershed, Crescent Park Carousel, Conservation Commission, Narragansett Realty Association, Friends of Pomham Rocks Lighthouse. In addition, this year they are sponsoring their first Earth Day poster contest. Donna and Robin in Public Works are accepting posters from 4th and 5th grades and are working with MTG Disposal for a gift certificate for the prized posters which will hang in the lobby of City Hall. Lastly, a number of traffic islands are being requested for adoption and though many are State islands there is a list of available islands on the City’s website. The City’s program is easy to get approval and they can sign off on the State traffic islands as well. There are a number along Pawtucket Avenue and the Wampanoag Trail.
Mayor Rose asked if applications are available on the City website.
Director Coutu replied they are and those interested can also call the Public Works office.
Assistant Mayor Cunha asked if he could go over the adopt an island program.
Director Coutu stated the City currently just cuts the grass and makes sure weeds are not growing. Groups can do small planting plans for flowers, shrubs and are free to advertise their group with a small sign provided by the City.
Assistant Mayor Cunha asked if they could build a small wall around and island.
Director Coutu stated they would have to look at it as they don't want any obstructions.
Councilman Britto stated it would be a great idea if they as Council members and others could actually volunteer to pick up on Earth Day.
The City Manager stated that they are working with the green team regarding the amount of waste for recycling or diversion.
Director Coutu stated there will be an increase in tipping fees and they have been meeting with a group monthly to come up with ideas to get over 26% as they would like to get up to 30%.
The City Manager stated increasing the awareness for recycling and the LED lighting issues, which are going out to RFP, are being worked on by what they are referring to as the green team.
3. I-195 Taunton Avenue/Warren Avenue Interchange – Potter Street Bridge Design Proposal Modification
Jim Moran from the Planning Department was called to the podium and provided background on the Potter Street Bridge Design Proposal Modification and passed out maps to the Council. Jim noted the Council had received a memo as well. For any questions both he and Joseph Giordano, the architect, are present and can provide the Council with answers. An integral part of the City plans for the waterfront has to do with this bridge which is one of the most critical transportation items for the City. The proposal was submitted to RI DOT in 2006/2007 and 10% of the funds were for the design phase for this bridge and Veterans Memorial Parkway. Of the two, the Potter Street Bridge was selected. RI DOT has met with City staff and indicated they are not going to be able to fund the bridge under the traditional federal funds due to budget constraints. Bridges and road repairs are so massive that there just aren’t enough federal funds coming in. They did however indicate that a public/private partnership would be a way go and it would involve tax increment financing, agreements and other options to fund. DOT seems to be headed toward these public/private ventures. Items are being discussed to reduce the cost of the project value. One thing being done as an option was a study looking at all the options to save $4-5 million and this was to eliminate the Potter Street Bridge. What this really comes down to is to bring this idea to the Council’s attention and to at least ask if the Council wants to move forward with a resolution telling RI DOT the City wants to move forward to promote public/private participation at a lower cost to City and the State. The City could continue the process, utilizing a TIF as a portion of a way to fund the project.
Councilman Britto stated he would like for the public to be well aware of this and have a voice.
Jim Moran stated it has taken many years for the project to move forward and some things need to be revisited and discussed again and alerting and including the public is one of those items. Potter Street feeds into the Walnut Street intersection and contributes to the frustration of that traffic situation and this might assist in taking some of the traffic out of that area.
Councilman Britto stated he felt it would be premature to vote on anything before the pubic had a chance to weigh in.
The City Manager stated he felt tonight would serve to start the conversation and then open it to testimony before the resolution is introduced.
Councilman Conley asked if they could elaborate on the public/private partnership and if it is financially viable eliminating the bridge with no way to divert traffic.
Jim Moran stated in the waterfront district if a major development were to come in they would be potentially interested in teaming up with the City and DOT would then put in some funds, some would come from TIFs and you will see there are several potential phases such as one critical ramp and then a phased in approach. The bottom line is that RI DOT does not have the money to proceed as a sole source of an 80/20 match and there have been projects like this elsewhere such as the Citizens project in Johnston.
The City Manager stated that to explain the issue further Kettle Point and Village on Waterfront have a real prohibition that includes access from 195 East and West. The City needs to find a way to improve access.
Councilman Conley stated yes but how do you pay for it.
The City Manager stated if they look at the property as valuable enough to put in their portion they would. There are properties that still have a great value to developers and it takes time before it happens. In the past the City was always waiting on RI DOT to reduce the cost of access and part of that is the removal of the bridge. We now need to look for a developer and TIFs, it takes time.
Jim Moran reiterated that it does take time. In the past the City would look at federal highway funds this option is one of those situations for a private party to invest and the City has a waterfront worth investing in.
Mayor Rose asked if what he was saying was that the original money which was there for the design is not there anymore.
Jim Moran stated the federal funds earmarked were $13.1 million of which a portion of those funds went to the design. The City could, according to DOT, use what is left to reduce the cost of the ramp from $40 million to $31 million.
Councilman Britto asks if the costs are the same as they were in the 2009 estimates.
Joseph Giordano stated the construction costs always depend on how busy the companies are. DOTs 10 year plan and road work plan was passed by the General Assembly for spending for the next 10 years on infrastructure. All projects that involve expansion are all on hold. This is what is on your plate to consider if you consider it important enough.
Councilman Conley stated he understands but is trying to be a realist and without State support it’s just not going to happen that a major corporation such as Citizens will invest that type of capital in the waterfront.
Joseph Giordano stated he was right but if the City doesn’t try and make an effort DOT will not even look at it.
Councilman Conley stated yes but it’s like trying to stop a freight train with a water pistol.
4. Approval Bid Award 2017 Freightliner Dump Truck – RI Truck Center
Mayor Rose recuses himself from the discussion and vote.
Assistant Mayor Cunha takes the Mayor’s seat.
Director Coutu states the bids for the truck came back high in January at $160,000 where the City had allocated $110,000. The City asked around to other communities and the Town of Coventry had recently gone out to bid for 4 large trucks to Altrui Brothers at $139,000. Altrui Brothers agreed to hold the price for the same truck awarded to Coventry for East Providence.
Councilman Conley asked if this number will work.
Director Coutu stated yes that the truck is a priority item and that they feel they can save on the estimate elsewhere in the budget. The number in the budget was an older number and had not been updated. When they went to Coventry and looked at the trucks they are good solid vehicles.
Assistant Mayor Cunha asked how soon they would have the truck.
Director Coutu stated before next winter.
Solicitor Chapman notes for the record that Mayor Rose has recused himself.
A motion to approve is made by Councilwoman Capobianco, seconded by Councilman Britto and on a roll call vote it is unanimous 4-0 with Mayor Rose recusing.
B. Council Members
1. Request to allocate $10,000 for the Recreation Budget for Summer Programs as recommended during the 2015-2016 Budget Process, Budget Hearing, September 29, 2016 (by Mayor Rose)
Mayor Rose stated he put this item back on the agenda because he realized the money was not put into the budget. The funds are mainly geared to the program that runs for the summer and it is a day camp. Many families in the City use the program. There are newly updated t basketball courts thanks to John Carnevale and the kids go out on trips etc… and it is cost effective for a lot of people who otherwise wouldn't have had the funds to send their children anywhere. He notes that both he and Tony Ferreira have taken part in the program and Diane Sullivan does a great job with the program but somehow it did not make its way into the budget.
Councilman Britto asked how the funds did it not make it to the budget.
Mayor Rose stated there was an error on the Council’s part that it was not included in the motions made at the end.
Director Sullivan is called to the podium for clarification. She notes these funds are used for the temporary salaries in the budget which is the backbone of recreation programs and these funds are needed due to the increases in the minimum wage and insurance for the employees. She notes she had submitted $180,000 for the budget for the staff and the City Manager had cut it back to $170,000 then with the first round of budget hearings the Mayor recommended putting it back in. It is important to the Recreation Department as we just can't effectively run programs without appropriate personnel.
The City Manager stated he spoke with the Finance Director and there is $10,000 in the City’s budget that can be used for this.
A motion to approve the $10,000 allocation to the Recreation Department for the summer programming is made by Councilwoman Capobianco, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous.
2. Request for City involvement in a share of the cost for the landscape master plan of the Looff Carousel site (by Mayor Rose)
This item was deferred until the April 19th Council meeting.
C. Reports of Other City Officials
1. Claims Committee Report (by City Solicitor Timothy Chapman)
Pursuant to R.I.G.L. § 42-46-5(a)(2), a motion is made by Councilwoman Capobianco and seconded by Councilman Conley 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, APRIL 5, 2016; 7:00 P.M.; ROOM 101
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NEW CLAIMS
DONALD DOXEY $400.00
RM No. 16-024, Claim No. 16-010
Claim for property damage to farming equipment sustained during snow plowing operations on Hospital Road. See recommendation of the Director of Public Works.
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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PERFECT PUPPY, INC. Unspecified
Claim for compensation of lost economic opportunity as a result of the alleged denial of Perfect Puppy’s right to operate under a state license issued by the R.I. Department of Environmental Management.
Motion by: Councilman Cunha Seconded by: Councilman Britto
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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Book 34 Page 168 Page 166
LACIE SARRIA $265.50
RM No. 16-031, Claim No. 16-012
Claim for property damage to vehicle sustained as a result of striking a pothole on Orchard Street. See recommendation of the Director of Public Works.
Motion by: Councilwoman Capobianco Seconded by: Councilman Cunha
Motion: Approve the claim in the amount of $265.50.
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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
STEVEN ABATIELLO $1,185.70
Request for a sewer charge abatement for the property located at 103 Bishop 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 $1,185.70.
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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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Book 34 Page 169
IDALINA DOS REIS $64.44
Request for a sewer charge abatement for the property located at 121 Juniper Street in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilman Cunha Seconded by: Councilman Britto
Motion: Approve the sewer charge abatement in the amount of $64.44.
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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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TASCA PROPERTIES LLC $1,721.08
Request for a sewer charge abatement for the property located at 599 Waterman Avenue 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 $1,721.08.
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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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A motion to approve the Claim Committee Report is made by Assistant Mayor Cunha, seconded by Councilman Britto and on a roll call vote it is unanimous.
D. Report of School Committee Liaison
There is no report.
E. Introduction of Ordinances
1. AN ORDINANCE IN AMENDMENT OF CHAPTER 16 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “TAXATION”
A motion to dispense with the reading of the ordinance is made by Councilman Conley, seconded by Councilman Britto and on a roll call vote it is unanimous.
SECTION I. Section 16-50 entitled “Assessment” of Article IV entitled “Property Tax on Ratable Real Estate and Tangible Personal Property and Excise Tax on Registered Motor Vehicles and Trailers” of Chapter 16 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Taxation.” is amended to read as follows:
The city council hereby orders the assessment and collection of a tax on ratable real estate, tangible personal property and an excise tax on registered motor vehicles and trailers in a sum not more than $107,193,656.00 nor less than $103,070,823.00. Said tax is for ordinary expenses, for the payment of interest and indebtedness, in whole or in part, of said city, and for other purposes authorized by law.
The tax assessor shall assess and apportion said tax on the inhabitants and ratable property of said city as of December 31, 2014 at 12 o'clock Eastern Standard Time, according to law, and shall on completion of said assessment, date and sign same and shall make out and certify to the city treasurer of the City of East Providence, who is charged with the duties for the collection of taxes, on or before June 15, 2015 a complete list of the names of the persons taxed and of the total value of all the real estate and personal property assessed against each person, and also the amount of registered motor vehicles and trailers assessed against each person, and also the total amount assessed against each person on said real estate, personal estate and registered motor vehicles and trailers, opposite the name of the person or persons assessed. Upon receipt of the certified tax list by the city treasurer, he shall proceed and collect said tax on the persons and estates liable thereof; said tax shall be due and payable on and between June 1, 2015, and July 1, 2015, and provided further that if said tangible personal property, motor vehicle, and real estate taxes are paid in full on or before July 1, 2015, a discount of one and one-half per centum of the total taxes on said tangible personal property, motor vehicles, and real estate shall be granted, and all taxes remaining unpaid on July 1, 2015, shall carry until collected a penalty at the rate of 12 per centum per annum from June 1, 2015, upon said unpaid tax, however, said taxes may be paid in four installments; the first installment of 25 per centum on or before July 1, 2015, the second installment of 25 per centum on or before the September 1, 2015, the third installment of 25 per centum on or before December 1, 2015, and the fourth installment of 25 per centum on or before March 1, 2016.
Each installment of taxes if paid on or before the last day of each installment period successively in order shall be free from any charge of interest.
If any succeeding installment of taxes is not paid by the last date of the respective unpaid balance period or periods as they occur, then the whole tax or remaining unpaid balance of the taxes as the case may be shall immediately become due and payable and carry until collected a penalty at the rate of 12 per centum, per annum.
If any payment of taxes is made by check or Electronic Fund Transfer (EFT) and said check is returned unpaid or said EFT is rejected and the City is assessed a fee from its bank for said bounced check/rejected EFT, a fee in the amount of $25.00 for a bounced check and a fee in the amount of $15.00 for a rejected EFT shall be due and owing by said taxpayer and said payment amount shall be added to the bill due and owing by the taxpayer.
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 Councilwoman Capobianco, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous.
2. AN ORDINANCE IN AMENDMENT OF CHAPTER 17 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “UTILITIES.”
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.
SECTION I. Sec. 17-189 entitled “Time and basis of payment” of Article III entitled “Sanitary Sewer System” of Chapter 17 of the ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Utilities” is amended to read as follows:
Sewer charges for property using city water shall be billed and shall become due and payable at the same time as city water bills are due and payable, and nonpayment by such date shall be deemed to be overdue and delinquent at the same time as city water bills are deemed to be overdue and delinquent. Such sewer charges for property using city water shall be based on water consumption during the same billing period as city water bills are based. Sewer charges for property using other than city water shall be due and payable annually in the month of February.
If any payment of water/sewer charges is made by check or Electronic Fund Transfer (EFT) and said check is returned unpaid or said EFT is rejected and the City is assessed a fee from its bank for said bounced check/rejected EFT, a fee in the amount of $25.00 for a bounced check and a fee in the amount of $15.00 for a rejected EFT shall be due and owing by said taxpayer and said payment amount shall be added to the bill due and owing by the taxpayer.
SECTION II. This ordinance shall take effect upon its 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.
A motion to Adjourn at 9:13PM is made by Councilwoman Capobianco, seconded by Councilman Britto and on a roll call vote it is unanimous.
Approved By Council: April 19, 2016
Attest: _______________
City Clerk