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)(4).

A.    New Claims

1.      Erik Baumann

2.      Lisa Galvin

3.      Jennifer Gruslin

4.      Jose Manuel Medeiros

5.      USAA Insurance (Ins: Krista MacCartney)

B.     Sewer Charge Abatements

1.      Nicholas Calderiso

2.      Scott Cordischi

3.      Richard Gerling

4.      Frank Giordano

5.      Robin Seel

II.                CALL TO ORDER

The Mayor calls the meeting to order at 7:38PM.

III.             SALUTE TO THE FLAG

IV.             TO APPROVE THE CONSENT CALENDAR

A.    Letters

V.                PUBLIC COMMENT

A.    Brian Faria – Allegations Concerning Mr. Rose

Councilman Conley arrives.

B.     Tom Riley – Title 17 & Open Meetings

VI.             PROCLAMATIONS AND PRESENTATIONS

A.    Pomham Rocks Lighthouse (by Councilman Conley)

This item was deferred to the next meeting.

VII.          COMMUNICATIONS

A.    Mary T. Martinez, 130 Miller Avenue (02916) requesting to address the Council regarding directional sign on City property to indicate location of Epiphany Episcopal Church, 1336 Pawtucket Avenue, Rumford, RI. 

Ms. Martinez passed out to the Council photos of the area they are proposing to place the sign.  She noted that this would be done at their cost and they would maintain the sign.  She stated their thought was to place the sign on the wooded property in the City's easement and that the rest of the property is owned by Steven Yarn on Bentley Street. He has owned this since 1998 and has not developed it.  

Councilman Britto asked if there had been any opposition from neighbors.

Ms. Martinez replied there had not been any and in fact those that they have spoken to are in favor and they have heard nothing but positive comments and people have been delighted to know the church is there adding that they can't imagine it would obstruct anything.

Councilman Britto asked if they have a petition with resident signatures signed indicating that they want this.

Ms. Martinez stated they did not.   

Councilman Britto stated perhaps the City should post a notice and get information to the neighbors, giving them a chance to respond.  He personally doesn’t have anything against it but just wants to make sure it follows the proper process.

Solicitor Chapman recommended the Council refer this item to the Department of Public Works to research and go through the proper process, it might involve seeking State permission if it is a State owned road and/or permission from the property owner. 

Councilman Britto offered to walk through that process with the church and the Department of Public Works.  

A motion to refer this item to Public Works is made by Councilman Britto, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous. 

VIII.       APPOINTMENTS

A.    Canvassing Authority - Alternate (by Mayor Rose)

Gary Pascoa, 152 Summit Street (02914)

The applicant withdrew their name. 

B.     Beautification Committee (by Councilman Britto)

Kevin Oliver, 62 Wilmarth Avenue (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. 

C.     Deputy Probate Judge (by Assistant Mayor Cunha)

Paul McCarthy, 225 Waterman Avenue (02914)

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

Assistant Mayor Cunha swears in the Deputy Probate Judge.

IX.             NEW BUSINESS

A.    City Manager’s Report (by City Manager, Richard Kirby)

1.      Stipend – Canvassing Authority

The City Manager reports that Mr. Riley has many times appeared before the Council and has brought up the stipend.  After researching the matter, and due to it being an election year and since the Council had given the authority to the previous City Manager to reinstate those items removed by the Budget Commission, he has met with the Finance Director who has noted it is not out of the ordinary.  The City Manager reports he will give a $1,000 stipend for the year per each board member, there are three members.

Councilman Conley asks the City Solicitor if this is proper procedure.

Solicitor Chapman stated it is not and that the RI General Law states the governing body has to vote to allow it.

The City Manager states that is fine and to set this for a public hearing at the next meeting.

He also added that in other news, the City is going to be working on a new program for recycling to get the rates up.  He noted that he forwarded an email to Council regarding RI Resource Recovery and as of July 2017 they are going to up their tipping fees and the City should get ahead of it and get a recycling plan out there to get the rates up.

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 Britto and seconded by Councilman Cunha to convene in closed session for the purposes of discussing claims & litigation.  Upon a roll call vote:  Mayor Rose – Aye, Councilman Britto – Aye, Councilwoman Capobianco – Aye, Councilman Conley – Absent, Councilman Cunha - Aye, the motion is approved 4-0. 

                                    EAST PROVIDENCE CLAIMS COMMITTEE

                                              CLAIMS & LITIGATION REPORT

                            TUESDAY, FEBRUARY 16, 2016; 7:00 P.M.; ROOM 101

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                                                                 NEW CLAIMS

ERIK BAUMANN                                                                                                                 $84.90

RM No. 16-002, Claim No. 16-002

Claim for property damage to vehicle sustained as a result of striking debris in the roadway on Fifth Street.  See recommendation of the Director of Public Works.

Motion by:  Councilman Britto                                   Seconded by:  Councilwoman Capobianco

Motion:  Refer the claim to SumCo Eco Contracting.

LISA GALVIN                                                                                                                     $450.00

RM No. 16-005, Claim No. 16-004

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

Motion by:  Councilman Britto                                   Seconded by:  Councilman Cunha

Motion:  Refer the claim to Rosciti Construction.

JENNIFER GRUSLIN          $109.01

RM No. 16-007, Claim No. 16-006

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

Motion by:  Councilman Britto                                   Seconded by:  Councilman Cunha

Motion:  Approve the claim in the amount of $109.01.

JOSE MANUEL MEDEIROS                                                                                          $1,850.00

RM No. 15-119, Claim No. 16-003

Claim for property damage to a concrete/stone wall and decorative lights sustained when a branch from a City tree fell during a storm.  See recommendation of the Director of Public Works.

Motion by:  Councilman Britto                                   Seconded by:  Councilwoman Capobianco

Motion:  Deny the claim.

USAA INSURANCE                                                                                                        $5,237.91

(INS: KRISTA MacCARTNEY)

RM No. 15-120, Claim No. 16-005

Claim for property damage to insured’s parked vehicle sustained when a large limb from a City tree broke and fell onto the vehicle.  Recommend referral to insurance carrier.

Motion by:  Councilman Britto                                   Seconded by:  Councilwoman Capobianco

Motion:  Refer the claim to the insurance carrier.

SEWER CHARGE ABATEMENTS

NICHOLAS CALDERISO                                                                                                  $485.33

Request for a sewer charge abatement for the property located at 169 Burgess Avenue in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilwoman Capobianco                    Seconded by:  Councilman Cunha

Motion:  Approve the sewer charge abatement in the amount of $485.33.

SCOTT CORDISCHI                                                                                                           $118.14

Request for a sewer charge abatement for the property located at 15 Elm Court 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 $118.14.

RICHARD GERLING                                                                                                         $359.84

Request for a sewer charge abatement for the property located at 486 North Broadway 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 $359.84.

FRANK GIORDANO                                                                                                          $157.56

Request for a sewer charge abatement for the property located at 7 Woodland Avenue in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilwoman Capobianco                    Seconded by:  Councilman Cunha

Motion:  Approve the sewer charge abatement in the amount of $157.56.

ROBIN SEEL                                                                                                                       $208.73

Request for a sewer charge abatement for the property located at 30 Pinehurst 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 $208.73.

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

C.     Report of School Committee Liaison

There is no School Committee Report this meeting.

D.    Introduction of Ordinances

1.      AN ORDINANCE IN AMENDMENT OF CHAPTER 19 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND 1998, AS AMENDED, ENTITLED "ZONING"

SECTION I.  Section 19-481 entitled “Schedule of Use Regulations” (Kettle Point Sub-district) of Article VIII entitled "Development Plan Review" is amended as follows:

Sec. 19–481.  Schedule of Use Regulations (Waterfront)

SECTION II.  This ordinance shall take effect upon passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.

Requested by:  Mayor Rose

This item is deferred to the next Council meeting due to advertising requirements.

2.      An ordinance amendment for a One Way Sign Bourne Avenue (westbound) from Brayton Avenue to Hoyt Avenue during the hours of 8:00 a.m. to 9:00 a.m. and 2:00 p.m. to 3:00 p.m. on school days.

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:

Bourne Avenue (westbound) from Brayton Avenue to Hoyt Avenue during the hours of 8:00 a.m. to 9:00 a.m. and 2:00 p.m. to 3:00 p.m. on school days.

SECTION II.  This ordinance shall take effect upon second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.

Requested by:  Councilman Britto

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

X.                ADJOURNMENT

A motion to Adjourn at 8:03PM is made by Councilman Britto, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous. 

Approve By Council:  March 1, 2016

Attest:  _______________

                  City Clerk