Legal Appeal Leads City Council Docket

Should East Providence appeal or not appeal the recent Superior Court decision that favors the former TLA/Pond View and Kenlin Properties construction materials recycling business in Rumford?

The East Providence City Council will deal with that question again at an executive session Tuesday evening, Aug. 20, at its second regular meeting this month. 

The City Council deferred making a decision at a special meeting held last week on a 3-2 vote. That vote followed two other 3-2 votes: one to not appeal and one that rescinded that initial vote.

City Councilor Tracey Capobianco was the swing vote during last week’s executive session. She voted first not to appeal and then backtracked. Voting to appeal were Mayor James Briden and Councilor Helder Cunha; voting not to appeal were Assistant Mayor Thomas Rose and Councilor Chrissy Rossi.

Here is the agenda for Tuesday night’s meeting:

DOCKET OF REGULAR COUNCIL MEETING

August 20, 2013

Council Chambers, City Hall, 145 Taunton Avenue

Executive Session To Follow Public Comment – Claims Room, 101

7:30 P.M. Open Session 

I.            CALL TO ORDER

II.            SALUTE TO THE FLAG

III.            TO APPROVE THE CONSENT CALENDAR 

A. Letters Received 

1. CRMC application for ARCO Environmental Remediation, LLC forKettle Point Avenue, Providence River, Watchmoket Cove, Long Rock Cove.

2. Town of Charlestown resolution in support of the Municipal Road and Bridge Revolving Fund. 

3. CRMC application for Albertino Milho, 228 Warren Avenue, 28 Water Street, Seekonk River.

4. CRMC proposed changes to the Administrative Procedures Act Salt Pond Region Special Area Management Plan and Experimental Coastal Erosion Control.

5. CRMC Semi Monthly Meeting – Full Council, Tuesday, June 30, 2013

2:00PM. Narragansett Town Hall, Council Chambers, 25 Fifth Avenue. 

6. CRMC proposed changes to the Administrative Procedures Act section 42-35-3 Ocean Special Area Management Plan (Ocean SAMP).

7. CRMC August 2013 Calendar.

B. Cancellation/Abatements 

Year                                     Amount

2011                                    $28.11

2012                                    $158,203.01

2013                                    $186,432.69

Total                                    $344,663.81C.Abatements-Board of Assessment

Year                                    Amount

2012                                    $20,306.49 – Real Estate

Total                                     $20,306.49

D. Council Journals

1. Regular Council Meeting July 16, 2013

2. Special Council Meeting July 29, 2013

E. Alcoholic Beverage Class F-1

Holy Ghost Brotherhood of Charity, 59 Brightridge Avenue, Scholarship Fundraiser, September 7, 2013, Dennis A. Carey, 20 Salisbury Street, Rehoboth, MA.

IV.            PUBLIC COMMENT

V.            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.            LITIGATION

1.KENLIN PROPERTIES, LLC AND TLA-PROVIDENCE, Appellants V.CITY OF EAST PROVIDENCE, ZONING BOARD OF REVIEW OF THE CITY OF EAST PROVIDENCE, AND EUGENE SAVEOURY, TONY CUNHA, PIER-MARIE TOLEDO, JOHN BRAGA AND MICHAEL BEAUPARLANT, in their capacities as members of the Zoning Board of Review of the City of East Providence, Defendants; and ATTORNEY GENERAL PETER F. KILMARTIN, Intervenor Defendant, PROVIDENCE SUPERIOR COURT C.A. NOS. PC-2011-7249 (as consolidated with PC-2011-6540, and PC-2012-0052) Determination as to Supreme Court appeal. 

VI. APPONTMENTS 

A. Carousel Commission (by Councilwoman Rossi)

VII. LICENSES REQUIRING PUBLIC HEARING

Licenses are granted subject to all required approvals from State and City departments. A.B-Full Privilege Vict (Transfer)

Transfer From K&G Enterprises, Inc. DBA Restaurant La Camelia Istanbul Restaurant, 92 Waterman Avenue (02914), Tuncay Gunasti, 178 Lonsdale Main Street 

B. Second Hand/Miscellaneous 

Melissa T. Simpson DBA Hafta Havit, 2725 Pawtucket Avenue (02914), Milissa T. Simpson, 144 Terrace Avenue (02915) 

VIII. LICENSES NOT REQUIRING PUBLIC HEARING 

Licenses are granted subject to all required approvals from State and City departments.

A. Carnival

Amron Family Fun Fare, Inc., PO Box 798, North Scituate (02857), Edward Browning, 577 Rocky Hill Road, North Scituate (02857) for thelocation: 700 Bullocks Point Avenue – Crescent Park Carousel.

B. Peddler/Ice Cream

Kona Ice Cumberland RI, Inc., PO Box 7164, Cumberland (02864), David Souza, 30 Brookdale Street, Cumberland (02864)

C. Vict/Not Over 25 (Transfer)

Transfer from Etheridge, Mark DBA Trendy’s Pizzeria to N & D LLC DBA Nick & Dante’s, 2777 Pawtucket Avenue (02914), Stephen D. Annese, 31 Providence Avenue (02915) 

D. Vict/Not Over 50

JD, LLC DBA The Rumford, 446 North Broadway (02916), John Deaton, 255 Promenade Street, Apt 232, Providence (02918) 

E. Vict/Not Over 25 (Transfer)

Mark A. Greene DBA Riccotti Sandwich Shop to Leo A. Mello, Sr. DBARiccotti Sub Shop, 194 Newport Avenue (02916), Leo A. Mello, Sr., 21Marvin Street, Warwick (02886)

F. Vict/Not Over 25 (Transfer)

Yi Mou Chen DBA No. 1 China to Kam Mei Tam DBA No. 1 China, 656 Bullocks Point Avenue (02915), Kam Mei Tam, 10 Brookfield Road, Apt A3 (02915)

IX. PUBLIC HEARING- ZONING MAP AMENDMENT 

A. Advertised East Providence Post – August 1, 8 and 15, 2013

Notices sent by certified mail – July 25, 2013

Request for a rezoning by Hamlet Court Real Estate, LLC for property located at 350 Taunton Avenue from an existing zoning of Commercial -3 to a requested zoning of Commercial -2 with conditions as outlined in the 7/24/13 Planning Board Memorandum to City Council.

Petitioner: Hamlet Court Real Estate, Joseph S. Ruggiero

Change to: From Commercial 3 to Commercial 2 with conditions as outlined in the 7/24/13 Planning Board Memorandum to City Council.

Lot: Map 306 , Block 1 , Parcel

B. ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND 1998, AS AMENDED, ENTITLED “ZONING.” 

SECTION I. Section 19-95 entitled “Districts Designated” of Article III entitled “District Regulations” is hereby amended as follows: Parcel 13 on Assessors Map 306, Block 1 presently located in a Commercial 3 District is hereby changed to be included in a Commercial 2 District subject to the following conditions: 

1.            That any and all required variances from the standards of Chapter 19, zoning be obtained including a variance for amount of off-street parking, parking stalls, and minimum usable lot area for a multi-family development.

2.            That the applicant maintain a minimum of 75 dedicated parking spaces for the multi-family development and all 53 existing off-street parking spaces located on the property at 350 Taunton Avenue (Assessors Map 306, Block 1, Parcel 13) for exclusive use of the multi-family development proposed for the property in this application.

3.            That the applicant secure and maintain parking on an off-site parcel as proposed in the application (on the property at 354 Taunton Avenue, Assessors Map 306, Block 1, Parcel 14) in an amount of no less than 62 parking spaces, and that these spaces be shown on the Final Site Plan and that a lease agreement is approved by the City Solicitor as to form and recorded along with the Final Plan in the City’s Land Evidence records; and further that the loss of any or all of these parking spaces for the benefit of 350 Taunton Avenue, such as through termination of the lease, shall cause a reverter in zoning from Commercial 2 (with conditions) to Commercial 3 for 350 Taunton Avenue designated as Assessors Map 306, Block 1, Parcel 13.

4.            That any further modification to the development plan and/or use be submitted to the Department of Planning for assessment as to whether the nature of the change constitutes a minor or major modification, and further that any such modification be subject to City review and approval.

5.            That the Fiscal Impact Analysis be completed and found to besatisfactory as to its findings. 

6.            That the applicant obtain any and all required federal, state and city permits for the proposed use including building and occupancy permits from the City of East Providence. 

The Zoning Map of the City of East Providence shall be amended accordingly.

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

X. PUBLIC HEARING ORDINANCES FINAL PASSAGE

A. An ordinance regarding a stop sign, Hawthorne Avenue (westbound traffic) at Intervale Avenue. 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 byadding thereto the following: Hawthorne Avenue (westbound traffic) at Intervale Avenue

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

B. An ordinance regarding Business Registrations.

AN ORDINANCE IN AMENDMENT OF CHAPTER 8 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “LICENSES AND BUSINESS REGULATIONS” SECTION I. Section 8-13 entitled “Procedure; exemptions” of Article I entitled “In General” of Chapter 8 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Licenses and Business Regulations” is amended to read as follows: 

Sec. 8-13. Procedure; exemptions.

(a) Upon registration of a business, a registration certificate shall be issued to the registrant. No other business of the same trade name shall be allowed to register once a certificate of registration has been issued filed without the approval of the prior registrant in writing. 

Every registration certificate filed shall expire on the thirtieth day in November April and shall be renewed annually. upon payment of therequired fee. In the first year, the fee will be collected by April 1 and then by December 1 of each subsequent year. No certificate registration shall be renewed if the business fails to provide proof from the Tax Collector that all municipal taxes have been paid to date.

Every certificate of registration shall be placed in a conspicuous location in each business establishment. 

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

C. An ordinance regarding snow removal.

AN ORDINANCE IN AMENDMENT OF CHAPTER 14 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS" 

SECTION I. Subsections (c) and (d) of Sec. 14-40 entitled “Removal of snow” of Article III entitled “Sidewalks” of Chapter 14 entitled “Streets and Sidewalks” of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, are amended to read as follows:

(c) Depositing snow. Snow and ice removed from a sidewalk, private yard or private driveway shall not be thrown or deposited on any street, sidewalk or any real property of another property owner.

(d) Penalties. All violations of this section shall be subject to a fine of $25.00 written warning for a first offense, a fine of $50.00 $25.00 for asecond offense, and a fine of $100.00 $75.00 for a third and subsequent offenses.

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

XI. NEW BUSINESS 

A. City Managers Report (by City Manager Peter Graczykowski) 

             1. Department Activity Report

             2. EPBC Personnel Activity Report from7/18/13

            3. EPBC Personnel Activity Report from 8/1/13 

            4. FY12 Annual Audit Report      

B. Reports of Other City Officials

1. Claims Committee Report (by City Solicitor Timothy Chapman)

2. Request to retain Attorney Lauren E. Jones to assist with the appeal of Kenlin Properties, LLC and TLA-Providence vs. City of East Providence, et al Handicap Parking: 123 Cedar Avenue (by Director of Public Works, Steve Coutu) 

3. Handicap Parking: 53 Maple (by Director of Public Works, Steve Coutu)

4. Handicap Parking: 700 Bullocks Point Avenue (East Side) (Carousel) (by Director of Public Works, Steve Coutu)

Council Members

1. 1 Dexter Road/Pond View (by Mayor Briden)

2. Pond View (by Assistant Mayor Rose)

3. Labor Day Parade (by Assistant Mayor Rose)

4. National Grid (by Assistant Mayor Rose)

5. Planning Department (by Assistant Mayor Rose)

6. Street Sweeper Update (by Councilman Cunha)

7. Joint Meeting of City Council and School Committee (by Councilwoman Rossi)

8. Community Event Announcements: 4th Annual  School Supply Drive, (by Councilwoman Rossi) 

D. Report of School Committee Liaison 

E. Introduction of Ordinances

F. Communications

1.Michael J. Solitro, Jr., 29 Leahy Street (02916) requesting to address the Council regarding a block party including closing off Leahy Street on September 1st for his daughter’s birthday party 

2. Christine Repoza, 23 Windgate Road (02915) requesting to address the Council regarding a Block Party Request for September 7, 2013.

3. Michael A. Akkanoui, 1169 Bullocks Point Avenue (02915) requesting to address the Council regarding approval for a block party on the Narragansett Terrace corner of Riverside Drive and Seaview Avenue on September 15, 2013.

4. Wesley D. Plante DBA Land Plan Associates, 193 Waterman Avenue (02914) requesting to address the Council regarding the Forbes Street former landfill conversion into the solar power project. 

5. Edward Poirier, 15 Buckthorne Avenue (02914) requesting to address the Council regarding being a school construction volunteer. 

6.Gerald A. Read, 65 Kingsford Avenue (02915) requesting to address the Council regarding excessive unrestricted parking around the immediate area of his home. 

XII. ADJOURNMENT