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. Linda Kurtz

B.     Miscellaneous – Sewer Abatements

1. Kristen E. Crowell

2. Amy Sinyei

II.                CALL TO ORDER

Mayor Briden calls the meeting to order at 7:33PM

III.             SALUTE TO THE FLAG

IV.             TO APPROVE THE CONSENT CALENDAR

All items under “CONSENT CALENDAR” are considered to be of a routine and noncontroversial nature by the City Council and will be enacted by one motion.  There will be no separate discussion on these items unless a Council member so requests, in which event, the item will be removed from the “CONSENT CALENDAR” and will be considered in its normal sequence on the docket.

A. Letters

V.                PUBLIC COMMENT

A.    Dennis Tabella – Pet Stores - Sale Dogs/Cats

B.     Cynthia McCarthy – RIDOT

C.     Dave Fish – RIDOT

D.    Thomas M. Cunningham – Commonwealth Engineering and Consultants

E.     Elliot Fishbein – Responsible Beverage Service Training

F.      Ron McGreen – Responsible Beverage Service Training

G.    Tom Riley – Pond View Legal Expenses

VI.             PROCLAMATIONS AND PRESENTATIONS

A.    RI Department of Transportation Bridge Construction

East Shore Exp. Bridge 475 & McCormick Quarry Bridge 476 (Route 114 east bound and west bound over Warren Avenue (by Dave Fish)

B.     Presentation regarding State Street Flooding Update and Status Report (by Assistant Mayor Rose)

VII.          APPOINTMENTS

A.    Zoning Board of Review – Reappointment (by Assistant Mayor Rose)

Pier- Mari Toledo, 65 Ravena Avenue (02915)

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

VIII.       LICENSES NOT REQUIRING PUBLIC HEARING

IX.             PUBLIC HEARING – ORDINANCES FINAL PASSAGE

A.    An ordinance amendment regarding the Juvenile Hearing Board.

A motion to dispense with the reading of the ordinance is made by Councilwoman Rossi, seconded by Assistant Mayor Rose and it is unanimous. 

AN ORDINANCE IN AMENDMENT OF CHAPTER 2 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “ADMINISTRATION”.

SECTION I.  Section 2-179 entitled “Established” of Division 8 entitled “Juvenile Hearing Board” of Article III entitled “Boards, Committees, Commissions” of Chapter 2 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Administration” is amended to read as follows:

There is hereby established within the city a juvenile hearing board with the powers set forth in this division for the purpose of hearing all cases referred to such board by the chief of police of the city with respect to persons resident in the city, under the age of 18 ages 10 to 17, who are charged with violating the criminal laws of the state, or the city.

SECTION II.  Subsection (a) of Section 2-180 entitled “Referral” of Division 8 entitled “Juvenile Hearing Board” of Article III entitled “Boards, Committees, Commissions” of Chapter 2 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Administration” is amended by adding thereto the following:

(4)  Where the juvenile prosecution officer determines the referral is inappropriate for this particular juvenile.

SECTION III.  Section 2-181 entitled “Composition of board” of Division 8 entitled “Juvenile Hearing Board” of Article III entitled “Boards, Committees, Commissions” of Chapter 2 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Administration” is amended to read as follows:

The membership of the juvenile hearing board shall consist of five persons over the age of 21 years to be appointed by the city council of the city, all of whom shall be residents of the city. The four members of the city council who are elected by ward shall each appoint one resident from their ward subject to the approval by a majority of the council; the remaining at large member of the city council shall appoint one resident from the city subject to approval by a majority of the council. The city council shall appoint the initial members for staggered terms. During the month of October annually, the city council shall appoint a member or members to succeed the member or members whose term will then next expire, to serve for a term of three years, each member appointed or reappointed after November 1, 2016 shall be limited to two three-year terms commencing on the November 1, and thereafter until their successors are appointed and qualified. In the event of a vacancy occurring in the office of a member by death, resignation or otherwise, such vacancy shall be filled in like manner as the original appointment, but only for the remainder of the term of the former member. No member of the juvenile hearing board shall be entitled to receive any compensation by reason of his service on the board.

In addition to the five standing members, the mayor shall appoint two alternates with the approval of the majority of the council to be designated as the first and second alternate members.  The first and second alternate shall serve for a term of three (3) years.  These alternate members shall sit and may actively participate in hearings.  The first alternate shall vote if a member of the board is unable to serve at a hearing and the second shall vote if two members of the board are unable to serve at a hearing.  In the absence of the first alternate member, the second alternate member shall serve in the position of the first alternate.  The alternate members shall exercise the same duties and functions of a regular member when serving on the board and may be removed from office by the city council in the same manner as a regular member.  All appointments to the board shall be subject to the approval of the chief of police.

SECTION IV.  Section 2-182 entitled “Duties of board” of Division 8 entitled “Juvenile Hearing Board” of Article III entitled “Boards, Committees, Commissions” of Chapter 2 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Administration” is amended to read as follows:

The juvenile hearing board shall hear all cases referred to it by the chief of police. If after such referral the person before the juvenile hearing board shall not admit guilt, such case shall be referred back to the chief of police for presentation to the family court for prosecution. In all cases heard by the juvenile board, it shall determine what discipline or other remedial action shall be imposed upon the person before it. In making such determination, the juvenile hearing board shall not be bound by the customary rules of evidence, and may consider all probative and relevant evidence whether or not such evidence would be admissible in a court of competent jurisdiction. The juvenile hearing board shall impose sanctions (other than incarceration) and shall may direct restitution for any injuries resulting from the commission of such offense to which guilt has been admitted. In those cases in which the board shall orders restitution/community service, it shall attempt to assist the juvenile offender and his/her parents in providing a means whereby the offender may make complete such restitution/community service, including without limiting the generality of the foregoing, attempting to provide, with cooperation of the city manager or the superintendent of schools, suitable employment community service opportunities by the city. In any such proceeding, the juvenile hearing board, prior to imposing sanctions, shall request the juvenile offender and his/her parents to agree to the sanctions imposed, and the amount of restitution/community service and manner of making such restitution/performing such community service. In ordering restitution/community service, the juvenile hearing board shall take into account the juvenile offender's ability to pay/comply, and the amount of actual damage caused as a result of the commission of such offense.

SECTION V.  Section 2-183 entitled “Meetings of the board” of Division 8 entitled “Juvenile Hearing Board” of Article III entitled “Boards, Committees, Commissions” of Chapter 2 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Administration” is amended to read as follows:

The juvenile hearing board shall meet not less than once each month. It The juvenile prosecution officer shall give notice of the matters to be heard before it to the board, to the chief of police, the police department juvenile officer and the juvenile offender and his/her parents, not less than seven days prior to the date of the hearing. Any juvenile offender shall be entitled to be represented by counsel and present evidence in his behalf. A majority of the members of the juvenile hearing board shall constitute a quorum, and its proceedings shall be closed to the public except that the juvenile hearing board may, with the consent of such juvenile, and his/her legal guardians, transact its business in public. The juvenile hearing board shall elect one from its members as its chair, and one as its vice-chair. In the absence of the chair, the vice-chair shall be the presiding officer. A majority of the members present shall be required to take any action. The juvenile hearing board shall have the power from time to time to draft rules governing its proceedings or to amend or repeal any rules theretofore adopted, subject to the approval of the city council.

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:  Councilwoman Rossi

A motion to approve the license for final passage is made by Assistant Mayor Rose, seconded by Councilwoman Rossi and on a roll call vote it is unanimous. 

B.     An ordinance amending Alcohol Violation Penalties and Responsible Beverage Service Training.

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

AN ORDINANCE IN AMENDMENT OF CHAPTER 9 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “MISCELLANEOUS OFFENSES”

SECTION I.  Section 9-1.1 entitled “Penalty for violations relating to sale of alcoholic beverages to underage persons” of Chapter 9 of the Revised Ordinances of the City of East Providence, Rhode Island 1998, as amended, entitled “Miscellaneous Offenses” is amended to read as follows:

Any license holder who sells or allows the sale of or suffers to be sold or delivered any beverage which contains alcohol to a person who has not reached his or her twenty-first birthday, either for his or her own use or the use of his or her parents or any other person, or allows any person who has not reached his or her twenty-first birthday to drink said alcoholic beverages within the City of East Providence, or suffers or allows any persons who have not reached their eighteenth birthday to sell or serve any alcoholic beverage on the premises, shall for the first offense be subject to the following penalties:

(a)  First offense:  a minimum fine of $250.00 up to $500.00 per count.

(b)  Second offense:  for the second offense, be subject to a minimum fine of $500.00 up to $1,000.00 per count and up to a three-day closure; a minimum of a one day closure.

(c)  Third offense:  a fine of $750.00 up to $1,000.00 per count and a minimum of a one- three day closure. or revocation of the license;

(d)  Fourth and any subsequent offense:  a minimum fine of $1,000.00 per count, a minimum of a seven day closure, and a 14-day closure or revocation of the alcohol license for a minimum of six months.

In the event that there are no offenses in three successive years from the date of the last offense, then the next offense shall be treated as a first offense.

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

C.     An ordinance amending Alcohol Violation Penalties and Responsible Beverage Service Training.

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

AN ORDINANCE IN AMENDMENT OF CHAPTER 9 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “MISCELLANEOUS OFFENSES.”

SECTION I.  Chapter 9 of the Revised Ordinances of the City of East Providence, Rhode Island 1998, as amended, entitled “Miscellaneous Offenses is amended by adding thereto the following:

Sec. 9-1.2.  Responsible Beverage Service Training.

A.)  Every East Providence alcohol license holder shall ensure that:

1.   At the time of time of issuance or renewal of all Class A, B, C and D alcohol

licenses, or whenever there is a change of a license from one holder to another, the alcohol license holder, anyone serving in a supervisory capacity, employees involved with the sale or service of alcohol, individuals required to check ID’s and valet staff shall have been certified in an alcohol server training program that has been approved by the Department of Behavioral Healthcare, Developmental Disabilities and Hospitals within 60 days of being hired.

2.   Licensees shall require employees described in subparagraph (A) (1) hereof to be recertified every three (3) years. 

3.   As a condition of an alcohol license renewal, each alcohol license holder must

submit to the City Clerk, information verifying that all persons described in paragraph (A) (1) hereof and employed by the alcohol license holder for more than sixty  days (60) have completed a state certified Alcohol Server Training program as defined herein within the last three (3) years.  In the event that an establishment has a staff turnover of more than five employees who sell or serve alcohol as described in paragraph (A) (1), this information will need to be resubmitted.  Failure of the alcohol license holder to comply with this section may result in a suspension or non-issuance of a license until proof of certification is provided. 

4.   All persons who have completed a state certified Alcohol Server Training as required must have their valid server permits on the premises when engaged in the sale or service of alcoholic beverages. Failure to have a valid server permit on the premises will not constitute a violation, as long as proof of a valid permit is provided within 10 days.

B.)  Any alcohol license holder who violates or fails to comply with any provision of the

Responsible Beverage Service Training Ordinance shall be subjected to the following graduated penalties in accordance with state law by the East Providence City Council sitting as the licensing commission:

1.   An initial written warning for a first violation or noncompliance. 

2.   An additional written warning for a second violation (within 3 years of the first violation).

3.   A fine not to exceed $250 for a third violation (within 3 years of the second violation).

4.   License suspension for subsequent violations. 

C.)  Any server who violates or fails to comply with any provision of the Responsible Beverage Service Training Ordinance shall be subjected to the following graduated penalties in accordance with state law by the East Providence Municipal Court:

1.   An initial written warning for a first violation or noncompliance. 

2.   An additional written warning for a second violations (within 3 years of the first violation).

3.   Loss of certification for third violation (within three years of the first and second violations).

D.)  Failure to have a valid server permit on the person of an individual required to be certified hereunder shall not constitute a violation, provided, proof of a valid permit is provided to the City Clerk’s office within (10) days of the request. 

E.)  All fines collected by Municipal Court or the East Providence City Council sitting as the licensing commission hereunder shall be paid to the City of East Providence. 

Requested By:  Councilwoman Capobianco

Testifying Against the Ordinance and for Amendments:

1.       Elliot Fishbine, 52 Ridge Street, Pawtucket – owner of Town Wine and Spirits in East Providence.

2.      Ron McGreen, 10 Jenks Street, Narragansett – owner of McGreen Fine Wine and Spirits in East Providence.

A motion to defer the ordinance to the next Council meeting to return on the docket with amendments as requested is made by Assistant Mayor Rose, seconded by Councilwoman Rossi and on a roll call vote it is unanimous. 

D.    An ordinance regarding no parking Callendar Avenue (north side) from Pawtucket Avenue east for 150 feet.

A motion to dispense with the reading of the ordinance is made by Councilwoman Rossi, seconded by Assistant Mayor Rose and it is unanimous.

AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “VEHICLES AND TRAFFIC”

SECTION I.  Section 18-307 entitled “Parking prohibited at all times.” of Article X entitled “Stopping, Standing and Parking.” of Chapter 18 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Vehicles and Traffic.” is amended by adding thereto the following:

Callendar Avenue (north side) from Pawtucket Avenue east for 150 feet.

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

Requested by:  Director of Public Works

A motion to approve the ordinance for final passage is made by Assistant Mayor Rose, seconded by Councilwoman Rossi and on a roll call vote it is unanimous. 

E.     AN ORDINANCE IN AMENDMENT OF CHAPTER 3 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “ANIMALS.”

A motion to dispense with the reading of the ordinance is made by Councilwoman Rossi, seconded by Assistant Mayor Rose and it is unanimous. 

SECTION I.  Chapter 3 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Animals” is hereby amended by adding thereto the following:

ARTICLE V.  PET STORES-PROHIBITION OF THE SALE OF DOGS AND CATS

Sec. 3-68.

(a)  Definitions:

Commercial establishment means any for profit business enterprise, including a sole proprietorship engaged in retail or wholesale commerce related to dogs and cats, including grooming parlors, canine day care, and boarding facilities.

Non-profit rescue organization means any Rhode Island non-profit corporation that is exempt from taxation under Internal Revenue Code, Section 501(c)(3) whose mission and practice is, in whole and significant part, the rescue and placement of dogs or cats; or any non-profit organization that is not exempt from taxation under Internal Revenue Code, Section 501(c)(3) but is currently an active rescue partner with a City of East Providence shelter or humane society, whose mission is, in whole and significant part, the rescue and placement of dogs or cats.

 (b)  It is unlawful for any person to display, offer for sale, deliver, barter, auction, give away, transfer, or sell any live dog or cat in any pet store, retail business or other commercial establishment located in the City of East Providence. 

(c)  Nothing in this section shall prevent the owner, operator, or employees of a pet store, retail business, or other commercial establishment located in the City of East Providence from providing space and appropriate care for animals owned by a city animal shelter or animal control agency, humane society, or non-profit rescue organization and maintain those animals at the pet store retail business or other commercial establishment for the purpose of public adoption.

3-69. Violations and penalties.

Any person who violates, fails or refuses to comply with the provisions of this section shall be subject to a fine of not more than two thousand ($2,000.00) dollars for each separate offense or community service for a period of not more than ninety (90) days or any combination of fine and/or community service.  The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be subject to penalties as provided herein for each separate offense.

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:  Councilwoman Rossi

Testifying in Favor of the Ordinance:

1.      Dennis Tabella – Warwick - Director of Defenders of Animals

2.      Rita Falaguerra – 6 Glen Avenue, East Providence, Director of CAT Adoption Team Services

3.      Nancy Emory, 8 White Avenue, East Providence

4.      Eugene Saveory, 45 Scott Drive, East Providence – Chair East Providence Zoning Board

5.      Barbara August, 982 Atwood Avenue, Johnston – Veterinary Technician

6.      Pier-Mari Toledo, 65 Ravena Avenue, East Providence

7.      Debbie Fenenholz, 3980 Mendon Road, Cumberland – Veterinary Technician

Testifying Against the Ordinance: 

1.      Scott Bergantino, 20 Britto Lane, Scituate – Owner The Perfect Puppy

2.      Carlos Munios, 20 Britto Lane, Scituate – The Perfect Puppy – also presented signature petition of patrons of East Providence who went to The Perfect Puppy

3.      Ryan Bergantino, Scituate – The Perfect Puppy

4.      James Medici, Johnston – The Perfect Puppy

5.      Cesar Luassa, Scituate – The Perfect Puppy

6.       

A motion to approve the ordinance for final passage is made by Councilwoman Rossi, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous. 

X.                NEW BUSINESS

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

1.      Approval of Re-roofing for:

a. Union Primary

A motion to approve the re-roofing is made by Councilwoman Rossi, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.

XI.             ADJOURNMENT

A motion to adjourn at 10:59PM is made by Assistant Mayor Rose, seconded by Councilwoman Rossi and on a roll call vote it is unanimous. 

Approved by Council:  June 17, 2014

Attest:  _______________