Click HERE to view the VIDEO of this meeting or click at any video icon (
) below to jump to that particular section of the meeting.
Click HERE to view the VIDEO of this meeting or click at any video icon () below to jump to that particular section of the meeting.
CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
May 19, 2015
Council Chambers, City Hall, 145 Taunton Avenue, East Providence, RI 02914
7:00 P.M. Executive Session, Room 101
7:30 P.M. Open Session
Mayor Rose
Assistant Mayor Cunha - Absent
Councilwoman Capobianco
Councilman Britto
Councilman Conley
Solicitor Chapman
The City Council of the City of East Providence will meet in Executive Session pursuant to RI General Laws § 42-46-5 (a)(1)(2).
A. New Claims
1. Amauri Docen
2. Frederick F. Foeri, Jr.
3. Joshua E. Foti
4. Carlos and Maria Furtado
5. James A. Kiernan
6. Anthony Reis
7. Philomena Santos-Higgins
8. Neil Sharpe
B. Claim for Reconsideration
1. June M. Mullen
C. Sewer Charge Abatements
1. Joaquim Cardoso
2. First Baptist Church
3. Vivian Kuss
4. Angie Lovegrove
5. Tiffany Totten
Mayor Rose calls the meeting to order.
A. Council Journals
1. Regular Council Meeting May 5, 2015
A motion to approve the Consent Calendar is made by Councilman Conley, seconded by Councilman Britto and on a roll call vote it is unanimous.
A. Thomas Riley – Rules of Procedure
A. RI Duckpin Youth Champions (by Mayor Rose)
B. Petty Officer First Class, John E. Balzano II, Thank You For Your Service (by Councilwoman Capobianco)
A. Economic Development (by Mayor Rose)
Michael Resendes, 125 Berkeley 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. Hawker (60 Day)
345 Taunton Avenue, BJ Alan Company DBA Phantom Fireworks, 555 Martin Luther King Jr. Blvd, Youngstown, OH 44502, Amie B. Hodge, 16 Justin Way, Cranston (02910)
A motion to approve the License is made by Councilwoman Capobianco, seconded by Councilman Britto and on a roll call vote it is unanimous.
B. Holiday Sales
290 Newport Avenue, BJ Alan Company DBA Phantom Fireworks, 555 Martin Luther King Jr. Blvd, Youngstown, OH 44502, Amie B. Hodge, 16 Justin Way, Cranston (02910)
A motion to approve the License is made by Councilman Britto, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
A. An ordinance regarding a stop sign at Estrell Drive (northbound and southbound traffic) at Larry Lane
AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “VEHICLES AND TRAFFIC”
SECTION I. Subsection (b) of Sec. 18-269 entitled “Stop and yield intersections designated; when stops required” is amended by adding thereto the following:
Estrell Drive (northbound and southbound traffic) at Larry Lane
SECTION II. This ordinance shall take effect upon second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Councilman Conley
This item was deferred to the June 2nd City Council meeting.
A. City Managers Report (by Acting City Manager, Paul Lemont)
1. Silver Spring Playground Rehabilitation Project and Bid Award Recommendation
Councilman Conley asked for a description regarding the extent of the project.
City Engineer Eric Skadberg was called to the podium. He stated it will involve the removal of the existing court surface and hoops and replacing the lights, a new playground structure and an under drain systems as well as new baseball backstops with fencing for protection.
Councilman Conley asked why the infield was not part of this project. Eric replied that would be done through the Parks Department
Mayor Rose asked when the project would start. Eric responded after July 4th and will be completed in 60 days.
A motion to approve the bid award is made by Councilwoman Capobianco, seconded by Councilman Britto and on a roll call vote it is unanimous.
2. Sewer Rate Presentation
The City Manager listed the issues from the past. He recapped the sticker shock of residents as a number of factors including United Water rates had come into play. It had cost $50 million to improve the sewer plant. The improvements plus the amount of water used last year sent rates skyward. The City is simply the middle man and has to pay the bill. Paul Luba, Malcolm Moore, other key staff and he sat down with companies to rewrite billing software for monthly billing. In September of this year monthly billing is slated to begin. Director Coutu and he also sat with various companies which designs rates. Tonight’s presentation will show various options of possible rate change. One option would be to lower the people at the high end and correspondingly raise the lower end to put things into better balance and adjust the meter fixed charge so that everyone is paying to cover this cost. The presentation to the Council and public will explain the various alternatives with the rate design and over the next several months the Council can mull this over and if they desire can change or modify the rates.
Director Coutu and John Mestraccho from Archadias provided the power point presentation and answered questions.
Councilman Conley stated the options cause significant concerns. While trying to address inequities the solution presented creates more inequities, with all other utilities the more you use the more you pay and for a fixed income person and seniors it is an unfair burden and he cannot support it. The people who use more water have to pay for it, as it is a personal choice, subsidizing the high end users on the low end users back is not fair.
Councilwoman Capobianco stated as she understood it the Narragansett Bay Commission charges $210 a year so even if the City raises the low rate users it still would be only $125 per year.
Councilman Conley stated he would like a firm number on those costs and would like some analysis on what the fixed cost should be, not one that is created to impact the volumetric rate. He would like some analysis of data as there is a tremendous amount of fixed costs in the system. He would like to see a comparison to other communities. As the City would be lowering the price of those who use more and those that don't would have their rates increased 100 percent. He added that it creates a new inequity problem and passes the bill onto someone else.
Mayor Rose stated this requires more thought and the Council needs to study this further.
Councilwoman Capobianco asked if anyone ever thought that if Narragansett Bay Commission charges this then shouldn't it be the minimum everyone gets charged as everyone else in the City is covering that cost now for those that pay less. Other customers are sharing in those costs as 70 percent are paying for 23 percent to make it up the dollar shortage.
The City Manager stated years ago there was a lot of debate on this and at the time there was a decision made by the Council that there would be one rate in the City even though the rest of the City was subsidizing the Rumford area who is serviced by the Narragansett Bay Commission.
Councilwoman Capobianco stated she doesn’t feel that is fair to the other 70 percent.
Mayor Rose stated this is in the introductory stage and needs more work and the Council can go from there.
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 Councilwoman Capobianco and seconded by Councilman Britto 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 - Absent, the motion is approved 4-0.
EAST PROVIDENCE CLAIMS COMMITTEE
CLAIMS & LITIGATION REPORT
TUESDAY, MAY 19, 2015; 7:00 P.M.; ROOM 101
====================================================================
NEW CLAIMS
AMAURI DOCEN $110.00
RM No. 14-112, Claim No. 15-039
Claim for property damage to vehicle sustained as a result of striking a pothole on North Broadway. See recommendation of the Director of Public Works.
Motion by: Councilwoman Capobianco Seconded by: Councilman Britto
Motion: Approve the claim in the amount of $110.00.
|
VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye | √ | √ | √ | √ |
|
| Nay |
|
|
|
|
|
| Abstain |
|
|
|
|
|
| Absent |
|
|
|
| √ |
FREDERICK F. FOERI, JR. $432.33
RM No. 15-052, Claim No. 15-045
Claim for property damage to vehicle sustained as a result of striking a pothole on Catamore Boulevard. See recommendation of the Director of Public Works.
Motion by: Councilwoman Capobianco Seconded by: Councilman Britto
Motion: Offer to settle the claim in the amount of $348.00.
|
VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye | √ | √ | √ |
|
|
| Nay |
|
|
|
|
|
| Abstain |
|
|
| Recused |
|
| Absent |
|
|
|
| √ |
JOSHUA E. FOTI $118.40
RM No. 15-054, Claim No. 15-044
Claim for property damage to vehicle sustained as a result of striking a pothole on Hospital Road. See recommendation of the Director of Public Works.
Motion by: Councilman Britto Seconded by: Councilwoman Capobianco
Motion: Approve the claim in the amount of $118.40.
|
VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye | √ | √ | √ | √ |
|
| Nay |
|
|
|
|
|
| Abstain |
|
|
|
|
|
| Absent |
|
|
|
| √ |
CARLOS AND MARIA FURTADO $990.73
RM No. 15-046, Claim No. 15-031
Claim for reimbursement of expenses incurred as a result of a sewer backup caused by roots from a City tree. See recommendation of the Director of Public Works.
Motion by: Councilwoman Capobianco Seconded by: Councilman Britto
Motion: Approve the claim in the amount of $990.73.
|
VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye | √ | √ | √ | √ |
|
| Nay |
|
|
|
|
|
| Abstain |
|
|
|
|
|
| Absent |
|
|
|
| √ |
JAMES A. KIERNAN $591.71
RM No. 15-050, Claim No. 15-041
Claim for property damage to vehicle sustained as a result of striking a pothole on Massasoit Avenue. See recommendation of the Director of Public Works.
Motion by: Councilman Britto Seconded by: Councilwoman Capobianco
Motion: Offer to settle the claim in the amount of $236.94.
|
VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye | √ | √ | √ | √ |
|
| Nay |
|
|
|
|
|
| Abstain |
|
|
|
|
|
| Absent |
|
|
|
| √ |
ANTHONY REIS $223.13
RM No. 15-048, Claim No. 15-038
Claim for property damage to vehicle sustained as a result of striking a pothole. See recommendation of the Director of Public Works.
Motion by: Councilwoman Capobianco Seconded by: Councilman Britto
Motion: Refer the claim to the R.I. Department of Transportation.
|
VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye | √ | √ | √ | √ |
|
| Nay |
|
|
|
|
|
| Abstain |
|
|
|
|
|
| Absent |
|
|
|
| √ |
PHILOMENA SANTOS-HIGGINS $82.75
RM No. 15-053, Claim No. 15-046
Claim for property damage to vehicle sustained as a result of striking a curb in front of 87 Grosvenor Avenue. See recommendation of the Director of Public Works.
Motion by: Councilman Britto Seconded by: Councilwoman Capobianco
Motion: Approve the claim in the amount of $82.75.
|
VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye | √ | √ | √ | √ |
|
| Nay |
|
|
|
|
|
| Abstain |
|
|
|
|
|
| Absent |
|
|
|
| √ |
NEIL SHARPE $128.88
RM No. 15-051, Claim No. 15-042
Claim for property damage to a fence sustained during snow plowing operations. See recommendation of the Director of Public Works.
Motion by: Councilwoman Capobianco Seconded by: Councilman Britto
Motion: Deny the claim.
|
VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye | √ | √ | √ | √ |
|
| Nay |
|
|
|
|
|
| Abstain |
|
|
|
|
|
| Absent |
|
|
|
| √ |
CLAIM FOR RECONSIDERATION
JUNE M. MULLEN $1,469.46
RM No. 14-094, Claim No. 14-064
Claim for property damage to vehicle sustained as a result of construction on Crescent View Avenue. The Claims Committee voted at its meeting held on December 10, 2014 to refer the claim to Cardi Corporation. Claimant has not received due satisfaction from Cardi and is asking for reconsideration/review of the claim.
Motion by: Councilman Britto Seconded by: Councilwoman Capobianco
Motion: Refer the claim to Cardi Corporation.
|
VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye | √ | √ | √ |
|
|
| Nay |
|
|
| √ |
|
| Abstain |
|
|
|
|
|
| Absent |
|
|
|
| √ |
SEWER CHARGE ABATEMENTS
JOAQUIM CARDOSO $1111.20
Request for a sewer charge abatement for the property located at 72 Charity Street in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilwoman Capobianco Seconded by: Councilman Britto
Motion: Approve the abatement in the amount of $1111.20.
|
VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye | √ | √ | √ | √ |
|
| Nay |
|
|
|
|
|
| Abstain |
|
|
|
|
|
| Absent |
|
|
|
| √ |
FIRST BAPTIST CHURCH $692.40
Request for a sewer charge abatement for the property located at 1400 Pawtucket Avenue in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilman Britto Seconded by: Councilwoman Capobianco
Motion: Approve the abatement in the amount of $692.40.
|
VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye | √ | √ | √ | √ |
|
| Nay |
|
|
|
|
|
| Abstain |
|
|
|
|
|
| Absent |
|
|
|
| √ |
VIVIAN KUSS $8,262.60
Request for a sewer charge abatement for the property located at 285 Terrace Avenue in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilman Britto Seconded by: Councilwoman Capobianco
Motion: Deny the abatement.
|
VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye | √ | √ | √ | √ |
|
| Nay |
|
|
|
|
|
| Abstain |
|
|
|
|
|
| Absent |
|
|
|
| √ |
ANGIE LOVEGROVE $229.41
Request for a sewer charge abatement for the property located at 162 South Rose Street in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilwoman Capobianco Seconded by: Councilman Britto
Motion: Approve the abatement in the amount of $229.41.
|
VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye | √ | √ | √ | √ |
|
| Nay |
|
|
|
|
|
| Abstain |
|
|
|
|
|
| Absent |
|
|
|
| √ |
TIFFANY TOTTEN $123.75
Request for a sewer charge abatement for the property located at 1 Woodbine Street in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilman Britto Seconded by: Councilwoman Capobianco
Motion: Approve the abatement in the amount of $123.75.
|
VOTE | MAYOR ROSE | COUNCILMAN BRITTO | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CONLEY | COUNCILMAN CUNHA |
| Aye | √ | √ | √ | √ |
|
| Nay |
|
|
|
|
|
| Abstain |
|
|
|
|
|
| Absent |
|
|
|
| √ |
A motion to approve the Claims Committee Report is made by Councilwoman Capobianco, seconded by Councilman Britto and on a roll call vote it is unanimous.
C. Council Members
1. Bayside Soccer/Lacrosse Field (by Mayor Rose)
A motion to approve based on the Planning Board memo is made by Councilman Conley, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
2. Housing Stock Update (by Assistant Mayor Cunha)
This item was deferred.
3. Summit Street Update (by Assistant Mayor Cunha)
Chief Parella was called to podium and provided an update. He also referred to a memo he recently sent to the City Manager and Council providing raw data on specific issues with regards to traffic traveling southbound during commute time. At this point, the study has been being conducted for 3 weeks. Going into this there were concerns as to what the traffic pattern would do to surrounding streets. While they have reached out to those commuting to utilize alternate routes particularly Dexter Road, it would appear that people want to take the shortest route possible and enter the highway at the farthest point they can and therefore the traffic is backing up on the surrounding streets. He noted that counters were used drivers were not speeding because of the traffic. Once you take that traffic away they may increase speed. He added that overall it’s too early to make a definitive decision. He would suggest either extending this study and hope drivers finally utilize the alternate routes or think seriously of restricting the traffic on all the streets, lastly would be to declare it’s just not going to be possible. If the plan is to restrict travel on all the surrounding streets this would require an awful lot of officers and is not something they could do forever. If they undo the change in pattern then it will undo all the work they have done so far.
Director Coutu stated that he shares the same concerns as the Chief does. It is a good report which they put together and they have made a real good effort to get drivers to utilize the alternate routes. Perhaps if they extend the study another 2 weeks the drivers may adjust to alternate routes.
It was then agreed that the City would continue this study for another 2 weeks when Assist Mayor Cunha returns.
Councilwoman Capobianco asked how many officers are used for this study.
The Chief responded 3-4 for 2 hours in the morning and 3-4 for 2 hours in the afternoon plus the behind the scenes work.
Councilman Britto stated the feedback he was receiving was that drivers preferred to use the surrounding streets and not Waterfront Drive. He also added he was concerned with the heavy use of EPPD.
The Chief added these posts are very busy and taking officers from them cannot continue indefinitely.
4. RFP for New Financial Advisor Update (by Assistant Mayor Cunha)
This item was deferred.
5. Ground City Program Update (by Assistant Mayor Cunha)
This item was deferred.
6. Youth Soccer Complex (by Councilman Conley)
Councilman Conley stated with Bayside underway it is an appropriate time to look at a City soccer complex. His daughter is part of AYSO and there is a definite need for a citywide use soccer complex. He asked the City Manager if this is something recreation or planning could make an analysis for as Bayside will not meet all of the City’s needs. He would like to see initial data and costs and where we go from here. He added that there are many other City leagues not just AYSO which would use a soccer complex.
7. Condition - Youth Baseball Fields – Riverside (by Councilman Conley)
Councilman Conley stated that his daughter and Councilwoman Capobianco’s daughter both attend Riverside Middle School and play for the school softball team. Additionally he is a member of Riverside Little League utilizing the Riverside Recreation Field and the conditions are substandard and embarrassing. It is basically a cow pasture and the City’s kids deserve better and he has had many calls from upset parents. He requested from the City Manager that this field be taken care of and to fast track the process as the outfield is basically dirt. He asked the City Manager if the City can we make some improvements.
The City Manager responded yes.
D. Report of School Committee Liaison
School Committee member Tony Ferreira reported that over the last 11 months the school has spent $1.8 million on facility upgrades. They have put a new roof at Whiteneckt Elementary School and a beautiful ADA ramp. The door project has put in over $300,000 in new doors in school buildings. He thanked the Council for funding.
E. Resolutions
(Amendment to Resolution No. 26A - Adopted June 18, 2013)
RULES OF PROCEDURE OF THE CITY COUNCIL
BE IT RESOLVED, that the following Rules be and they are hereby adopted as the Rules of the City Council of the City of East Providence.
Rule One. Duties of the Presiding Officer
a. The Mayor shall be the presiding officer at all meetings of the City Council. The Assistant Mayor shall preside in the absence of the Mayor.
b. The presiding officer shall preserve order and decorum at all meetings of the City Council. In the interest of preserving order and decorum, the presiding officer may in his/her discretion limit the remarks of a citizen or his/her attorney to a period of not more than five (5) minutes on any matter, and may also limit the remarks by the public to a period of not more than one (1) hour on any matter.
c. The presiding officer may speak in preference to any other member of the City Council and shall, subject to the restrictions imposed by subsection (d) of Rule One, decide all questions of order.
d. Any member of the City Council may appeal from the ruling of the presiding officer or the parliamentarian by moving that the presiding officer’s ruling or ruling of the parliamentarian be referred to the members of the City Council who are present. In the event that such motion is seconded, the presiding officer shall immediately, without debate, put the following motion before the body for consideration: “Shall the rule of the chair be sustained?” which question shall be decided by a majority vote of the members present.
e. The presiding officer shall propound all questions and motions in the order in which they are moved, unless the subsequent motion is previous in nature, as set forth in Rule Five, Section (e).
Rule Two. Order of Business
a. A majority of all of the members of the City Council shall constitute a quorum for the conducting of business. A smaller number than a majority may adjourn from time to time until a quorum shall be present. Notice to be given in accordance with the provisions of the City Charter in Article II, Section 8.
b. The order of business of each City Council meeting shall be as follows:
I. Call to order
II. Invocation
III. Salute to the flag
IV. Consent Calendar
V. Proclamations & Presentations
VI. Public Comment. All persons wishing to make public comment shall sign a public comment sheet stating their name, address, and the subject of their comments. Said public comment sheet shall be available on a desk at the entrance of the City Hall Chambers no later than forty-five (45) minutes before the call to order of any regularly scheduled council meeting and shall be delivered by the City Clerk to the presiding officer no earlier than five (5) minutes before the call to order of the meeting.
VII. Appointments. All Council appointments will appear on the docket under the heading Appointments listing the appointment being made, the name and address of the candidate, and the Council member nominating the candidate. City Council members will submit the information to the City Clerk no later than Thursday preceding the Council meeting.
VIII. Licenses (Requiring Public Hearing and Non-Public Hearings)
IX. Public Hearings
X. Continued Business
XI. New Business
a. City Manager’s Report
b. Reports of Other City Officials
c. Council Members
d. Report of School Committee Liaison
e. Resolutions. All resolutions will appear on the docket with the name of the Resolution’s sponsor after having been referred to the Law Department for review.
f. Introduction of Ordinances. All ordinances shall appear on the docket after having been referred to the Law Department for review.
g. Communications. Any person who submits a communication to the Council and wishes to speak on it must indicate this in writing no later than 4:00 p.m. the Thursday prior to the next regularly scheduled Council meeting. A person who lists more than one topic on their communication will be allowed to speak on the first one listed.
c. At any special meeting called of the City Council, the meeting shall be restricted to the business of the special meeting and no other business shall be considered without the unanimous approval of the City Council.
d. Council members shall submit items for discussion purposes no later than 4:00 p.m. the Thursday prior to the next regularly scheduled Council meeting. The docket for all regular meetings shall be prepared and delivered and/or electronically forwarded to each Council member at least 72 hours prior to said meeting. Any petition requiring a hearing shall be referred to the proper City department for a written report prior to being placed on the docket for discussion or hearing. Copies of all said petitions shall immediately be forwarded to the City Council. No matter may be considered at any meeting that is not specifically on the docket (including votes) without the unanimous consent of the City Council. No petition for rezoning may be withdrawn at any meeting to which it has been assigned for hearing unless such petition is withdrawn at least 72 hours prior to such meeting. The docket will contain a plain language explanation for all ordinances.
Rule Three. Decorum and Debate
a. When a motion is under debate, the chair shall receive no other motions except as set forth in Rule Five, Section (f).
b. Any member desiring to speak shall address the presiding officer and, after his right to speak has been recognized, he shall not be interrupted while speaking except by a call to order or for the correction of a mistake or to yield to another member. He shall confine his remarks to the question under debate and shall avoid personalities. No member shall speak more than once on the same question until all other members desiring to speak thereon shall have done so, and in no event shall any member speak more than twice on any question without the permission of the majority of the members of the City Council. There shall be no conversation among the members while a roll call is being taken, while any paper is being read, or while a question is being stated by the presiding officer.
c. A roll call vote shall be taken as required by the Charter of the City of East Providence, the ordinances of the City, or at the request of any Council member.
d. After a roll call vote has been ordered, said roll call shall not be interrupted, delayed or stopped by the presiding officer or any member of the Council for any reason whatsoever including points of order, personal privileges or for a member to explain his vote. All roll calls shall be taken alphabetically except for the presiding officer who shall vote last.
e. A motion shall be carried by the affirmative vote of a majority of the Council members voting on the motion and the presiding officer shall declare the passage or defeat of any motion. In the case of a tie, the motion shall be defeated.
f. When a vote has been passed, it shall be in order for ay members voting with the majority to move or second the reconsideration thereof not later than the next regular meeting and, when a motion to reconsider has been decided, that vote shall not be reconsidered.
Rule Four. Consent Docket
a. When the City Manager determines that any item of business requires action by the Council but is of a routine and non-controversial nature, (s)he may cause such item to be presented at a regular meeting of the Council as part of the Consent Calendar.
b. The Consent Calendar shall be introduced by a motion “to approve the Consent Calendar” and shall be considered by the Council as a single item.
c. There shall be no debate or discussion by any member of the Council regarding any item on the Consent Calendar beyond asking questions for simple clarification.
d. All items on the Consent Calendar which require public hearings shall be open for hearing simultaneously and the Mayor shall announce or direct the City Clerk to announce the titles of all such items.
e. On objection by any member of the Council to inclusion of any item on the Consent Calendar, that item shall be removed from the Consent Calendar forthwith. Such objection may be recorded at any time prior to the taking of a vote on the motion to approve the Consent Calendar. All such items shall be considered individually in the order in which they were objected to immediately following consideration of the Consent Calendar.
f. Approval of the motion to approve the Consent Calendar shall be fully equivalent to approval, adoption, or enactment of each motion, resolution, ordinance, or other item of business thereon exactly as if each has been acted upon individually.
Rule Five. Miscellaneous Provisions
a. The City Clerk shall prepare a docket of the business to be conducted at each meeting of the City Council which shall be delivered and/or electronically forwarded to each council member not less than 72 hours before the meeting of the City Council. No ordinance, resolution, petition, order or matter of business shall be considered unless notice of the same shall have been given previously in accordance with these rules. Any additional public hearings concerning a zone change and/or subdivision will require the written consent of a majority of the City Council.
b. Any reports or communications from any department head, City Manager or otherwise, shall be in writing and copy supplied to each Council member with the docket.
c. Regular meetings of the City Council shall be held on the first and third Tuesday of each month at 7:30 p.m. in the City Council chamber in City Hall or at such other place as may be designated by a majority of the Council except in the months of July and August when there shall be only one meeting per month on the Tuesday designated by a majority of the City Council. Amended December 1, 1988 (See Council Journal). Amended November 13, 1989 (See Council Journal).
d. All meetings of the City Council shall be open to the public and all votes shall be cast in public.
e. A special meeting of the City Council may be called in accordance with the provisions of Article II, Section 7 of the City Charter at the request of the Mayor or upon written request of three (3) members of the City Council, said request addressed to the City Clerk. No business shall be considered at said special meeting other than that as set forth in the call of the meeting without the unanimous consent of the City Council.
f. The order of precedence of motions shall be as follows:
1. Fix the time in which to adjourn
2. Adjourn
3. Recess
4. Raise a question of privilege
5. Lay on the table
6. Suspension of the rules
7. Previous question
8. Limit debate
9. Postpone to a certain time
10. Refer to committee or other official
11. Amend
12. Postpone indefinitely
13. Main motion
The above list shall be the order in which motions may be considered. When any motion is pending before the City Council, any motion before that said motion on this list shall take precedence and be acted upon first and those following shall be out of order.
g. The following motions shall not be debatable:
1. Adjourn
2. Recess
3. Raise question of privilege
4. Lay on the table
5. Suspension of the rules
6. Previous question
7. Limit debate
h. These rules shall not be altered, amended, suspended or repealed at any time except by an affirmative vote of four-fifths (4/5) of the entire City Council unless docketed 72 hours prior to meeting.
i. Roberts Rules of Parliamentary Procedure shall prevail in the absence of any specific rule as set forth herein.
j. The City Solicitor is designated as parliamentarian for the purpose of interpreting these rules of procedure.
k. In the event that any section of these rules shall be in conflict with the City Charter or ordinances of the City of East Providence, then such rule shall fail, however, those rules which are not in conflict shall remain in full force and effect.
l. Any member of the public who requests to speak on any docket item that is not part of the Public Hearing section or specifically on the docket will be allowed to speak if approved by unanimous consent of the Council.
m. The City Council shall adjourn no later than 10:00 p.m. The Council shall vote each time in order to extend the meeting in 15 minute increments. Said time increment extensions shall require a super majority vote. Any business before the City Council not completed by 10:00 p.m. will be tabled to the next available meeting. The date shall be announced and determined by the Council President. Waiver of this rule requires a super majority vote.
Requested By: Mayor Rose
Mayor Rose stated this was put on the docket to go over the Rules. Each new council goes over the Rules every two years. One item is regarding communications. During the Public Comment portion we aren't supposed to respond and it’s hard for people to understand this. Perhaps we can keep the Public Comment but can also speak back to people but limit the discussion to a certain amount of time. Another suggestion is to move up the Communications item on the docket closer to beginning of docket this way people can be out quickly.
Councilman Britto stated he liked Mr. Riley’s comments and the Council should keep the Public Comment as the Council wants to hear the concerns and address issues. He added he doesn’t want the meetings to go on all night but he can hear and address issues through Public Comment after or at another point.
Councilwoman Capobianco stated Council members don't always know the answer since they don't know in advance what people are going to say. She would like to be able to make a small statement out of respect to the person but not have a whole dialogue if she is not familiar with the subject. She would like to make it that a response would be optional. She would also like to keep the School Committee Liaison and move Communications up under Proclamations and Presentations.
Mayor Rose instructed the Solicitor to rewrite the Council Rules of Procedure to reflect these items for next docket.
Solicitor Chapman stated that if the School Committee member doesn't state the topics for the agenda then it could be an open meetings violation. They should provide those topics to the City Clerk for inclusion on the docket.
F. Introduction to Ordinances
1. An ordinance regarding amending the Drainlayer Application.
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. Sec. 8-35 entitled “Drainlayer–Application; approval.” of Article II entitled “Miscellaneous Business and Occupational Licenses and Permits” 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. 8-35. Drainlayer--Application; approval. Underground Utility Contractors--Permit
No person shall engage in business as a drainlayer without first obtaining a license from the city clerk, upon proof of approval from the state department of health, and after approval by the chief of police, the plumbing inspector, and the director of public works. No person shall engage in the business of underground utility contractor unless said person has a license from the State of Rhode Island as defined under R.I.G.L. Chapter 5-65.3, et seq. No person shall engage in the installation, maintenance and repair of underground utility systems within the City of East Providence without first obtaining a permit for said installation and repair from the Director of Public Works and payment of all fees associated with said permit.
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 first passage is made by Councilwoman Capobianco, seconded by Councilman Britto and on a roll call vote it is unanimous.
G. Communications
1. Geoff Smith, PO Box 1940 East Greenwich (02818) requesting to address the Council regarding the Narragansett Bay Half Marathon and 5K including approvals of road closings.
Mr. Smith informs the Council this is a half marathon traveling on Veterans Memorial Parkway and returning on the bike path. They are working with East Providence Heritage Festival and are donating funds to support them as well as donating to the East Providence High School track program. They will complete the road race in 1 hour and will utilize the breakdown lane. The road race is being held July 19th.
A motion to approve the blocking of street for the marathon is made by Councilwoman Capobianco, seconded by Councilman Britto and on a roll call vote it is unanimous.
2. Izilda Teves, 345 Sutton Avenue (02914) requesting to address the Council regarding Orlo Avenue School Block Party permission to block Orlo Avenue on May 29, 2015 from 6:00pm-8:30pm.
Karen Rebello, 54 Lynn Avenue also speaks.
A motion to approve the block party is made by Councilman Britto, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
A motion to Adjourn at 9:15PM is made by Councilwoman Capobianco, seconded by Councilman Britto and on a roll call vote it is unanimous.
Approved By Council: June 2, 2015
Attest: _______________
City Clerk