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CITY OF EAST PROVIDENCE

RHODE ISLAND

JOURNAL OF REGULAR COUNCIL MEETING

December 20, 2016

Council Chambers, City Hall, 145 Taunton Avenue, East Providence, RI 02914

7:00P.M. Executive Session, Room 101

7:30 P.M. Open Session

 

 

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)(6).

 

A.    New Claims

1.      Robert Kennedy

2.      Chad Medeiros

3.      David Robbins

4.      Christine Shepherd

 

B.     Sewer Charge

1.   Carolyn A. Blecharczyk

2.   Alberto Martins

3.   Meadowcrest Partners RIGP

4.   Jennifer Zibrida

 

C.    Discussion Regarding 105-R Pawtucket Avenue (Map 302, Block 1 Parcel 31 &32)

 

II.                CALL TO ORDER

Mayor Briden calls the meeting to order at 7:54PM

 

Councilman Faria calls for a moment of silence for the Potvin Family on the loss of their daughter. 

 

III.             SALUTE TO THE FLAG

 

IV.             TO APPROVE THE CONSENT CALENDAR

 

A.    Letters

1.      CRMC Semi Monthly Semi Monthly Meeting Notice, December.

2.      Notice of New Property Number, 0 Peach Orchard Drive is now 2 Orchard Drive, Map 513, Block 2, Parcel 01.10, Zoning R4.

3.      Notice of New Property Number, 0 Kettle Point is now 43-45 Kettle Point, Map 209, Block 03, Parcel 001.60, Zoning KP.

4.      Notice of New Property Number, 0 Kettle Point is now 45-47 Kettle Point, Map 209, Block 03, Parcel 001.60, Zoning KP.

5.      Notice of New Property Number, 0 Kettle Point is now 38 Captain John Jacobs Road, Map 209, Block 03, Parcel 001.00, Zoning KP.

6.      Notice of New Property Number, 0 Kettle Point is now 51-53 Kettle Point, Map 209, Block 03, Parcel 001.60, Zoning KP.

7.      Notice of New Property Number, 0 Kettle Point is now 36 Captain John Jacobs Road, Map 209, Block 03, Parcel 001.00, Zoning KP.

8.      Notice of New Property Number, 0 Kettle Point is now 48-50 Kettle Point, Map 209, Block 03, Parcel 001.40, Zoning KP.

 

B.     Abatements/Cancellations

Year

Amount

2016

$38,715.73

 

 

Total

$38,715.73

 

C.    Abatements from BOR Real Estate, Motor Vehicle and Hardship

Year

Amount

2016

$5,955.48

 

 

Total

$5,955.48

 

D.    Abatements from BOR Real Estate, Motor Vehicle and Hardship

Year

Amount

2016

$3,136.22

 

 

Total

$3,136.22

 

E.     Council Journals

1.      Special Council Meeting November 29, 2016

2.      Council Inauguration December 5, 2016

3.      Regular Council Meeting December 6, 2016

 

A motion to approve the Consent Calendar with items D. and E1 removed are made by Councilman Botelho, seconded by Councilwoman Sousa and on a roll call vote it is unanimous. 

 

Councilman Faria requests unanimous consent and provides a thank you to Paula DuBord who donated the City Hall Christmas Tree.

He also gives congratulations to Daniel DeLuca from Riverside for track and field successes. 

 

V.                PROCLAMATIONS AND PRESENTATIONS

A.    Citation Thanking Sarah Jane Branco, Julia Teixeira Ferreira and Donovan DaSilva for their musical performance during the City Hall Tree Lighting Ceremony 2016 (by Councilwoman Sousa)

 

VI.             COMMUNICATIONS

A.    John Colageo, 92 Miles Avenue, East Providence, requesting to address the Council regarding taxes, late fees, grace period and no notification to tax payers. 

 

Councilwoman Sousa requests to move the Ordinance regarding the Grace Period to this location. 

 

Introduction of Ordinances

A motion to dispense with the reading of the ordinance, except for the section in red is made by Councilwoman Sousa, seconded by Councilman Faria and on a roll call vote it is unanimous. 

 

1.      An ordinance regarding tax payment grace period. 

AN ORDINANCE IN AMENDMENT OF CHAPTER 16 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “TAXATION”

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 hereby amended by adding thereto the following:

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 and shall include an additional 7 calendar day grace period after the last due date of each installment.

If any succeeding installment of taxes is not paid by the last date of the respective unpaid balance period or periods as they occur and after the 7 calendar day grace period, 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 Faria and Councilwoman Sousa

Councilwoman Sousa reads the portion in red. 

Councilwoman Sousa stated at the last meeting they discussed this and the ordinance is on the docket today to have a grace period.

 

Solicitor Dias stated at present the ordinance for the grace period in the proposal would be 7 calendar days currently there is none. 

 

Councilman Faria stated that Councilwoman Sousa and he were in the building when this happened and both signed the petition they sponsored an ordinance as Councilwoman Sousa stated earlier and will be addressing that tonight and they will be addressing that retroactively to December 1, 2016 and residents will get a reimbursement as a tax credit to their account.

 

Acting City Manager Chapman stated if they did pay late but were within the 7 days they will be credited on the next payment date of March 1, 2017.

 

Councilman Faria stated he received calls from many residents asking what to do, do they pay the bill they received which is just a bill for the late fee or do they hold on to it.

 

The City Manager stated if they pay their tax within the 7 days they do not have to pay the late fee and it it will be removed however if they already paid it they will get a credit.

 

Mayor Briden stated he is asking a very specific question if someone comes in and pays right after the grace period how is it calculated would the 12% begin to accrue after the 7 days per annum based on those 2 days?  The bill shows it is not a late payment tax but part of the principal.

 

The City Manager stated he is not sure what it is but if they paid their principal late and applied it to the penalty then yes but they should talk to Treasury directly after the passage of the ordinance. 

 

Councilman Faria stated he just wants to be clear as many are elderly and it was received as a separate bill just billing for the interest.  Anticipating this is going to pass does that resident still have to forward the money and then they will be credited?

 

The City Manager stated it is going to be removed if paid in the 7 days and it will not be on the March payment.

 

A motion to approve the Ordinance for first passage is made by Councilwoman Sousa, seconded by Councilman Faria and on a roll call vote it is unanimous. 

 

B.     Donald T. Cunard, 3040 Pawtucket Avenue, Apt 104-A (02915), requesting to address the Council dangerous intersection at Cedarhurst Apts/Bayview School/Bradley Children’s Hospital.

 

Mr. Cunard is not present.

 

VII.          PUBLIC COMMENT

A.    Trevor Bartley – Treatment Plant Odor

B.     Jason Rafferty – Treatment Plant Odor

C.     Eric Crook – Treatment Plant Odor

D.    Scott Scienzo – Paid Appointments

E.     Andrew Toumey – Food Service License

F.      Lorraine Ramos – Late Fees Taxes

G.    Tom Riley – Synchronization

 

VIII.       APPOINTMENTS

A.    Council Liaison to the Police and Fire Pension Board

 

A motion by Councilwoman Sousa to appoint Councilman Faria to be the Council Liaison to the Police and Fire Pension Board, this is seconded by Councilman Botelho and on a roll call vote it is unanimous. 

 

Assistant Mayor Britto explains the traffic control appointments which are done on a needs basis.  It doesn't mean they are automatically working.  Constituents ask Council members if they can be appointed.  For the most part it is to supplement their income, they are usually older people.  Personally he doesn’t see any problems with it.  Adding, no matter who comes to him in his Ward or out of it or if they know him or his wife or not it doesn’t matter, it is a civil duty but they are not guaranteed work.   

 

B.     Traffic Control (by Assistant Mayor Britto)

Sheila Oliver, 62 Wilmarth Avenue (02916)

 

A motion to approve the Appointment is made by Assistant Mayor Britto, seconded by Councilman Botelho and on a roll call vote it is unanimous. 

 

C.     Traffic Control (by Assistant Mayor Britto)

Edward Lynch, 123 Don Avenue (02916)

 

A motion to approve the Appointment is made by Assistant Mayor Britto, seconded by Councilman Botelho and on a roll call vote it is unanimous. 

 

D.    Traffic Control (by Assistant Mayor Britto)

Kelly Zexter, 98 Greenwood Avenue (02916)

 

A motion to approve the Appointment is made by Assistant Mayor Britto, seconded by Councilman Botelho and on a roll call vote it is unanimous. 

 

IX.             PUBLIC HEARING – ORDINANCES FINAL PASSAGE

 

A motion to dispense with the Reading of the Ordinance is made by Councilman Botelho, seconded by Assistant Mayor Britto and on a roll call vote it is unanimous. 

 

No parking North Broadway (west side) 50 feet north of Cadorna Street.

 

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:

North Broadway (west side) 50 feet north of Cadorna Street

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:  Mayor Thomas Rose (First Passage Received November 29, 2016)

Director Coutu states that he was approached to place this on the docket it is for 50 feet from the curb and is north going towards Roger Williams Avenue.  He was told that vehicles were having a hard time coming out of Cardorna Street.

 

Tom Riley speaks against stating that most of the regulations are 10 feet from the corner.

 

Councilman Botelho states that the issue the Council is having is that the previous Council passed the first passage of this ordinance so none of them know anything about it.  He requested they defer it so that they can look into it further.

 

A motion to defer the Ordinance to the January 3, 2017 Council meeting is made by Councilman Faria, seconded by Assistant Mayor Britto and on a roll call vote it is unanimous. 

 

Mayor Briden requests Director Coutu to look into the request for the ordinance. 

 

X.                LICENSES NOT REQUIRING PUBLIC HEARING

A.    Vict/Not Over 50

Compass Group DBA Eurest Dining, 200 Narragansett Park Drive (02916), Doreen DeSousa, 21 Willow Way, Lincoln (02865)

 

Andrew Toumey, 70 Grant Street, Cranston is present to speak on the license which is inside the Hasbro satellite office in East Providence. 

 

A motion to approve the License which will take effect on December 24, 2016, is made by Assistant Mayor Britto, seconded by Councilman Faria and on a roll call vote it is unanimous. 

 

XI.             NEW BUSINESS

 

A.    City Managers Report  (by Acting City Manager Timothy Chapman)

 

1.      Sewer Use Fee and Related Issues Information

 

The City Manager notes he supplied the Council with the answers to the four questions proposed by Councilman Botelho and he will defer further discussion until Councilman Botelho’s item tonight is discussed.  

 

2.      RFP For the Redevelopment of The Odd Fellows Hall 63-65 Warren Avenue

 

The City Manager calls Director Boyle to the podium and she states they have received ideas for people interested in Odd Fellows examples are a business with a coffee shop or some type of business on the bottom floor and their own business on the second floor with possible art studio/office space on the top floor. The City had it listed with a realtor.  There is an extensive renovation cost. The City had a conditions study done and it is in excess of $1 million.  It is a historic structure and extraordinary building.  This development looked at it for a coffee shop on bottom floor, the second floor space as office or possible meetings space.  The third floor can also be used as residential space.  The Planning Department and the City feel it would be a shame to lose the site.  

 

Councilwoman Sousa asked what the current zoning is.

 

Director Boyle replied it is commercial and mixed use.  The Council changed the use schedule allowing for these mixed uses.

 

Councilwoman Sousa asked if historical preservation funds could be used for renovations.

 

Director Boyle stated they could if those who purchase chose to meet National Historic guidelines for it and if they do they can receive substantial tax credits.

 

Assistant Mayor Britto asked about parking.

 

Acting City Manager Chapman stated if the City leases the triangle shaped piece of property from the State they could take advantage of parking there.  They did anticipate a development trying to purchase and the City has agreed to do the lease on the land with the State.

 

Councilman Britto asked about the funding for this development.  

 

Director Boyle stated it will be private funds as the bulk but the opportunity for State funds through Commerce RI’s Main Street program and CDBG Fund requests and also the commercial loan program via City's commercial loan fund as well as historic tax credits and tax stability are something the development would look into.

 

Councilwoman Sousa notes this is an up and coming arts section of the City.

 

A motion to approve the RFP is made by Councilwoman Sousa, seconded by Assistant Mayor Britto and on a roll call vote it is unanimous. 

 

B.     Council Members

 

1.      Joint Meetings with School Committee (by Mayor Briden)

 

Mayor Briden states that meetings with the School Committee and the City Council are of interest and he has met with the Superintendent and discussed this option with School Committee members.  There is a window between now and the summer/late spring where they can be having meetings and discussions.  They are waiting on the feasibility study of the High School and Chairman Tsonos is here tonight and maybe we can schedule a meeting for February and one for April so that the Council can be brought up to speed.

 

2.      Council Office in City Hall (by Assistant Mayor Britto)

 

Assistant Mayor Britto discusses the back office on the first floor which served as the former office of Malcolm Moore and has now been dedicated and converted over to an office for Council members.  He notes he is not in favor of this. He has expressed some concerns over this as he doesn’t want council members to get caught up or involved with day to day activities or for there to be a perception of this.  It could lead to members being around more often.  There are a number of conference rooms which can use can utilized and it otherwise sets a bad precedent.

 

Councilwoman Sousa states she disagrees with him she understands his concerns and those of people because of previous council members but it’s not fair to put this on the incoming Council.  She adds there is a lot of work going on in the City and she has been speaking with residents, there are upcoming events and things have to have her attention and she cannot use a home office.  The Council needs a private office, a computer and desk where a resident can come and speak to them and where she can keep her city paperwork.  She adds that she doesn’t believe this is unreasonable to ask.  She states she does not want to live at City Hall and that she works two jobs.

 

Councilman Britto stated he met with constituents on a number of occasions in the Chambers or in the conference rooms.  He adds it sets a bad precedent.  It’s an image of interfering with day to day activities and there is nothing that can be done or said that Council would need an office for.

 

Councilman Faria stated they are a fresh Council and they realize Councilman Britto sat on a past Council but they don't want to carry any stigmas over. He asked the City Manager if the office had any cost.

 

The City Manager replied that it did not.  The equipment was already in storage, a desk and a chair.  He added Mr. Moore was using it for the last 4 years and that it was a storage closet at one point before that.  Previous to that the Finance Director’s office was in the Finance Department for 30 years.

 

Councilman Faria stated he is not looking to interfere with the day to day operations or to micro manage. The Council faces great challenges, for example there are 7 key contracts to negotiate by October 31st.  He asked if any other Council ever faced that challenge?

 

The City Manager stated he does not recall that many, at one time there were 5 outstanding contracts that needed to be negotiated. 

 

Councilman Faria states he is not opposed to an office at this time.

 

Councilman Botelho stated he never had an office and never needed an office.  Under this form of government the Council is supposed to not be here and it just seems weird that it was discussed prior to inauguration.

 

Councilwoman Sousa stated she didn't ask for an office.  However, she doesn’t mix her personal files and her other jobs.  She adds she doesn’t have the room at her home for it.  If it is something the Council really doesn't want then she is fine with it.  She is not looking to back door anything or to come in to talk to the City Manager and the Clerk but to participate with the community.

 

Councilman Faria stated he took an oath and respected that oath there isn't a constituent he hasn't responded to and he has not yet stepped foot in the office.

 

Mayor Briden states that both groups express valid concerns and he thinks that the key is behavior.  They don't' want a situation when Council members are coming in during the day and changing the environment and making people feel they are part of the group that works there but at the same time, and what was mentioned, is the desire to meet with particular individuals and events and so he thinks that having a room to meet for this purpose is not uncommon for City Councils.  It is the behavior we are concerned about which can occur whether there is a room or not.  We don't want them here during the day, day in and day out.

 

Councilman Faria states it is important to bring out a new appreciation for any member that sat here before him and in the future. He doesn’t want there to be any stigmas.  He saw Councilman Britto’s frustrations. We are all here to represent our respective wards, Councilman Britto and I go back years and I like him very much but I don't want to carry any stigmas over.   

 

Mayor Briden stated the concern really is more to do with behavior not a particular person or persons.

 

Assistant Mayor Britto stated he didn’t put this on to single any individual out but so that they as a Council collective are going in the right direction.  It is more about the perception that reflects on all of us.

 

3.      Removal of Council Benefits (by Assistant Mayor Britto)

 

Mayor Briden calls Paul Luba to come up and speak regarding the Council benefits. Paul Luba hands out paperwork with a breakdown of benefits and salaries from around the State. He notes this is a topic which might be better discussed completely in a work session. The salary of the top 10 cities in terms of population, East Providence Council rates 9th.  The Mayor makes $4,500 and the Council makes $3,500.  Providence is at number one, $21,000 and $19,000 and they also have 3-4 more council members.  Warwick is $10,000 and $5,000 with more council members. Pawtucket is $9,000 and $8,000 with health care benefits with more council members. Mr. Luba notes that East Providence Health Benefits go back longer than 20 years with no reference in ordinance or charter. The Budget Commission suspended these and voted to suspend but the Council never voted on it.  There is no ordinance from the Budget Commission even though it had the power to do so.  Currently, the benefits are restored with a 20% co share.  Seven communities in RI including, Providence, Warwick, Pawtucket, East Providence, North Kingstown, Newport and East Greenwich ranging from 20%-100% co share some have life insurance, some have pension, East Providence does not.  Some with pension have a buy back.  Three Council members in the prior year chose to receive benefits at a cost of $40,000 after co share, in this year’s budget the City allotted for two to receive benefits.  All members ran under the assumption that they could choose the benefits.  They could vote to suspend these benefits and it would be a total savings of $40,800. The Council is not locked into 20% they could have a 50% co share with no salary.  The City, in this scenario, would spend $14,000 and be under budget if 3 chose to accept the benefits.  There are many ways to run the numbers.

 

Assistant Mayor Britto stated that to go to a department head or the public and ask them to cut and at the same time we as a Council are not cutting, with 7 contract negotiations coming up, we are asking them to cut but taking advantage of working part time and getting full benefits.

 

Mayor Briden stated just to clarify it is important to understand the options which exist and look at Pawtucket as a comparable city to East Providence and examine how to propose an option that is less expensive than what exists in a comparable city.  If the council member taking benefits waves the salary and then does the 20% co pay based on the total cost then you are close to a 50% co pay in real terms.

 

Councilman Botelho stated he waved his and that it may not even be an issue if everyone did.

 

Mayor Briden stated he thinks it matters as an issue and thought it did when the Budget Commission was here.  He has a concern that if the rational for doing this is comparable to serving on a board or a commission it is anything but that.  A council member puts in a lot of time and effort and they work very hard and for example on Friday he notes he was in the building and was there for quite a while and by the time he returned to his office the best hours of the work day were gone.  This happens, when you are here you fully emerge yourself in that role and so if the Council deviates too much from the norm to what exists in comparable cities and towns and also does not ask what are their underlying purposes it limits the people who will choose to run for Council.  There are reasons why it is handled this way in other communities and what makes us different from Pawtucket $9000 plus health care when we are less than half as a starting point, then wave the salary and a co pay is $7,000 or $8,000 per year and that is less than what they are paid in Pawtucket just as a salary and then they also receive the health care benefit.

 

Councilman Botelho stated he would never do this for the money.  He spent a lot of time coaching little league for free. He is certainly not here for that it's a good topic for a charter review commission and better for a board other than themselves to examine.  

 

Assistant Mayor Britto stated he was looking at it to be just a discussion not a vote but there is a vote block on the docket.

 

Mayor Briden stated the initial reason for making the change is incorrect 2012-2014 they didn't restore the benefits. 

 

Mr. Luba stated that Pawtucket has also talked about a charter commission.  He notes that in Massachusetts far more communities offer benefits.

 

Tom Riley, 3620 Pawtucket Avenue requests to speak on the topic.

 

Assistant Mayor Britto states it is not a public hearing.

 

Mayor Briden states that since he stood up to speak if no one objects he can speak.

 

Tom Riley states that in 16 years on the Canvassing Board, the last 6 as Chair and they had for 3 years received a stipend and with the Budget Commission they did not.  Recently, it was reinstated. 

 

Assistant Mayor Britto makes a motion to reject the removal of benefits, seconded by Councilman Botelho and on a roll call vote it is unanimous. 

 

4.      Sewer Use Fee and Related Issues Continued (by Councilman Botelho)

 

Councilman Botelho stated that he understands now what Barrington has been paying East Providence but what does East Providence ratepayers pay over that stretch, the water is not going in the sewer system, what Barrington pays per unit vs our rate payers per unit. He thanked Director Coutu for providing the information.  He would like to know what the sewer plant capacity rates were prior to 2010.

 

Director Coutu stated they were capped out there wasn't an actual expansion of the plant some modifications were done.

 

The City Manager stated that RI DEM is involved and the EPA and we are taking this very seriously. He has also requested that the law department get involved with the Suez contract they have not gotten back to us with a plan of action. We have given them 7 days to respond. 

 

Councilman Botelho stated that what he is looking for is how much money the City borrowed and what projects that money went into.

 

Director Coutu stated he will provide this information.

 

Councilman Faria noted that Mr. Rafferty had spoke at public comment and many residents spoke to him about this when he campaigned throughout the summer, what exactly is going to get done, what is the authority in our ordinance and state law, RI DEM regulations and what this the timeline.  What are we looking for as far as a time line as Barrington states they were surprised in their letter.

 

The City Manager stated when he became manager in September he cited Barrington with a notification of violation and Barrington has stated they have talked to engineers and are getting quotes.  This is not happening as quickly as he’d like so he is asking the law department to move it along.

 

Director Coutu stated what they were surprised with is that they feel as though they have been moving along but it's not quick enough.

 

5.      2012 East Providence Ballot Questions – What Happened? (by Councilman Botelho)

 

Councilman Botelho asked about the 2012 ballot questions. 

 

Solicitor Dias stated the home rule article allows for charters and upon approval of a majority of electors they can be changed, however the General Assembly does restrict that in some respects.  For example, taxes, election laws, franchises, police, education and a few others.  In particular in East Providence in 2012, amendments were passed and based upon that and the opinion of the law department a resolution asking the legislature to affirm what the residents passed, as a ratification, the legislature passed this in both the senate and the house but it was never forwarded to the governor for signature and that is a requirement.

 

Councilman Botelho asked why not.

Solicitor Dias stated they cannot say, it is an administrative function of the senate and the house and it was nothing the City of East Providence has any control over.  Because it was not ratified it never went into effect.

 

Councilman Botelho stated people in this City voted 73% for a mayoral form of government and he doesn't want to see the same thing happen.  

 

Solicitor Dias stated there are certain areas which are mandatory but our opinion is that when sending anything for approval it becomes an act of special legislation and the law department has already begun working on the resolution.

 

Council takes a 5 minute recess. 

 

A motion to extend the meeting by 15 minutes is made by Assistant Mayor Britto, seconded by Councilman Faria and on a roll call vote it is unanimous. 

 

Mayor Briden stated that before the meeting goes any further a motion which was made earlier would they like to re-considered because the motion made was unclear to some of the members. 

 

Councilwoman Sousa stated the way the motion was read, to reject to the removal of benefits, her vote was not to remove the benefits but the wording was confusing.  She adds she doesn’t need the benefits personally but it is important to retain the benefits as a council just like the representatives and senators at the state all receive benefits and are part time.  Anyone on the Council should have the option if they so chose it is not her position whether or not they should have it and in the health care industry this is important to her.

 

Mayor Briden states this topic is far more involved than a topic handled as one item on a Council docket and what he wanted was to get information from other cities and towns and examine the options to reach a middle ground.  The motion that had been made was unclear because of the word reject but now the question is for Council to decide if they want to or not to make a motion to understand what they are voting on.

 

Councilman Britto states he made his position pretty clear where he stands and he is not going to rehash.  He doesn't agree with it but if that is the way they want to vote so be it.

 

A motion to reconsider the vote on Council health care benefits is made by Councilwoman Sousa, seconded by Councilman Faria and on a roll call vote the motion passes 4-1 with Assistant Mayor Britto voting Nay.

 

A motion not to have Council health benefits is made by Assistant Mayor Britto, seconded by Councilman Botelho and on a roll call vote the motion fails 3-2 with Assistant Mayor Britto and Councilman Botelho voting Aye. 

 

6.      Update on Tax Revaluation Waterfront Properties (by Councilman Faria)

 

Councilman Faria requests from the City Manager a status report and asks if there is any way they can get a more detailed report such as which houses were at or below costs, which houses had beach erosion, waterfront or non waterfront, terrace or sabin’s point, was the home refurbished or not.  He asked if in the initial appraisals this already be documented.

 

The City Manager stated they would need to request copies of the assessments for instance, if they looked at 45 Sea View it sold for $835,000 the assessment was for $809,000.  If you are asking the Assessor to look at that he would have to go out and individually reviewing that.

 

Councilman Faria stated some of the homes have beach erosion and he understands the law suit is in the discovery stage.

 

Solicitor Dias states Attorney Craven was representing the City and he has withdrawn from the case.  A new attorney will be handling that matter.

 

Councilman Faria asked if he withdrew because he is no longer assistant solicitor because he was not reappointed and Solicitor Dias stated that was correct. 

 

Mayor Briden stated if you want to discuss the law suit it can placed on the executive session docket at the next meeting. 

 

7.      Odor from Sewer Plant Managed by Suez (by Councilman Faria)

The Councilman notes this was already discussed.

 

8.  Request for Increased Police Presence Area Around Harbor View Riverside (by Councilman Faria)

 

Councilman Faria asked the City Manager if he could call the Chief up and Chief Parella was called to the podium.  Councilman Faria stated that throughout his campaign and recently he has had a lot of concern from residents in the loop around the square that there is a lot of loitering and paraphernalia found when dog walking etc…

 

Chief Parella stated he has met with Lad Meyer and does attend meetings.  The Chief said that they do keep pretty comprehensive records of what they are doing.  He noted they do deploy additional officers when needed. They know there is a group working hard to revitalize.  He asked them to please contact him if there is anything specific.  The police have done a few things when issues have arisen such as fishing all hours in the summer at sabin’s point.  He concluded by stating that anyone can call him anytime and e-mail him any specific areas he may not be aware of.

 

9.      Request for Retroactive Policy Regarding the Tax Grace Period Ordinance.  (by Councilman Faria)

 

The Councilman states this was already addressed. 

 

C.    Reports of Other City Officials

 

1. Claims Committee Report (by City Solicitor Greg Dias)

Pursuant to R.I.G.L. § 42-46-5(a)(2), a motion is made by Councilman Botelho and seconded by Councilman Britto to convene in closed session for the purposes of discussing claims & litigation.  Upon a roll call vote:  Mayor Briden - Aye, Councilman Botelho – Aye, Councilman Britto – Aye, Councilman Faria – Aye, Councilwoman Sousa – Aye, the motion is approved 5-0.

                                                EAST PROVIDENCE CLAIMS COMMITTEE

                                              CLAIMS & LITIGATION REPORT

                            TUESDAY, DECEMBER 20, 2016; 7:00 P.M.; ROOM 101

====================================================================

                                                                 NEW CLAIMS

ROBERT KENNEDY                                                                                                          $108.69

RM No. 16-106, Claim No. 16-054

Claim for property damage to vehicle sustained as a result of striking a raised manhole cover on Juniper Street.  See recommendation of the Director of Public Works.

Motion by:  Councilman Botelho                               Seconded by:  Councilman Faria

Motion:  Refer the claim to the City’s contractor Rosciti Construction Company.

 

VOTE

MAYOR

BRIDEN

COUNCILMAN

BOTELHO

COUNCILMAN

BRITTO

COUNCILMAN

FARIA

COUNCILWOMAN

SOUSA

Aye

Nay

 

 

 

 

 

Abstain

 

 

 

 

 

Absent

 

 

 

 

 

 

CHAD MEDEIROS                                                                                                          $1,931.37

RM No. 16-100, Claim No. 16-051

Claim for property damage to vehicle sustained as a result of continual travel over poor road surfaces on Juniper Street.  See recommendation of the Director of Public Works.

Motion by:  Councilman Botelho                               Seconded by:  Councilman Britto

Motion:  Refer the claim to the City’s contractor Rosciti Construction Company.

 

 

VOTE

MAYOR

BRIDEN

COUNCILMAN

BOTELHO

COUNCILMAN

BRITTO

COUNCILMAN

FARIA

COUNCILWOMAN

SOUSA

Aye

Nay

 

 

 

 

 

Abstain

 

 

 

 

 

Absent

 

 

 

 

 

 

DAVID C. ROBBINS                                                                                                          $200.00

RM No. 16-101, Claim No. 16-052

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:  Councilman Botelho                               Seconded by:  Councilwoman Sousa

Motion:  Approve the claim in the amount of $200.00.

 

 

VOTE

MAYOR

BRIDEN

COUNCILMAN

BOTELHO

COUNCILMAN

BRITTO

COUNCILMAN

FARIA

COUNCILWOMAN

SOUSA

Aye

Nay

 

 

 

 

 

Abstain

 

 

 

 

 

Absent

 

 

 

 

 

 

CHRISTINE SHEPHERD                                                                                                $1,997.88

RM No. 15-115, Claim No. 16-050

Claim for reimbursement of medical expenses incurred as a result of a dog bite at the East Providence animal shelter.

Motion by:  Councilman Botelho                               Seconded by:  Councilman Faria

Motion:  Defer the claim.

 

 

VOTE

MAYOR

BRIDEN

COUNCILMAN

BOTELHO

COUNCILMAN

BRITTO

COUNCILMAN

FARIA

COUNCILWOMAN

SOUSA

Aye

Nay

 

 

 

 

 

Abstain

 

 

 

 

 

Absent

 

 

 

 

 

 

SEWER CHARGE ABATEMENTS

CAROLYN A. BLECHARCZYK                                                                                         $88.61

Request for a sewer charge abatement for the property located at 118 Wannamoisett Road in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilman Botelho                               Seconded by:  Councilmen Britto & Faria

Motion:  Approve the sewer charge abatement in the amount of $88.61.

 

 

VOTE

MAYOR

BRIDEN

COUNCILMAN

BOTELHO

COUNCILMAN

BRITTO

COUNCILMAN

FARIA

COUNCILWOMAN

SOUSA

Aye

Nay

 

 

 

 

 

Abstain

 

 

 

 

 

Absent

 

 

 

 

 

ALBERTO MARTINS                                                                                                         $649.39

Request for a sewer charge abatement for the property located at 288 Fort Street in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilman Britto                                   Seconded by:  Councilman Faria

Motion:  Approve the sewer charge abatement in the amount of $649.39.

 

 

VOTE

MAYOR

BRIDEN

COUNCILMAN

BOTELHO

COUNCILMAN

BRITTO

COUNCILMAN

FARIA

COUNCILWOMAN

SOUSA

Aye

Nay

 

 

 

 

 

Abstain

 

 

 

 

 

Absent

 

 

 

 

 

 

MEADOWCREST PARTNERS RIGP                                                                             $5,414.30

Request for a sewer charge abatement for the property located at 10 Meadowcrest Drive in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilman Faria                                    Seconded by:  Councilman Botelho

Motion:  Approve the sewer charge abatement in the amount of $5,414.30.

 

VOTE

MAYOR

BRIDEN

COUNCILMAN

BOTELHO

COUNCILMAN

BRITTO

COUNCILMAN

FARIA

COUNCILWOMAN

SOUSA

Aye

Nay

 

 

 

 

 

Abstain

 

 

 

 

 

Absent

 

 

 

 

 

 

JENNIFER ZIBRIDA                                                                                                          $346.36

Request for a sewer charge abatement for the property located at 209 Bourne Avenue in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilman Britto                                   Seconded by:  Councilman Faira

Motion:  Approve the sewer charge abatement in the amount of $346.36.

 

VOTE

MAYOR

BRIDEN

COUNCILMAN

BOTELHO

COUNCILMAN

BRITTO

COUNCILMAN

FARIA

COUNCILWOMAN

SOUSA

Aye

Nay

 

 

 

 

 

Abstain

 

 

 

 

 

Absent

 

 

 

 

 

 

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

 

D.    Report of School Committee Liaison

Chairman Tsonos stated he would like to touch on two items for the Council’s information.  RIDE sent out to everyone in the State two loose leaf binders of work repairs necessary in our schools and the School Committee is working via the facilities committee and they have addressed some of these already and will continue to address them.  It is a painstaking page by page process to review and answer all their questions.  There is a slam report coming from RIDE which refers to our high school and we have already scheduled 4 meetings for January but whenever the City Council chooses to have a joint meeting they will make themselves available.  The high school is formulating a building committee supervised by RIDE and they are supporting the School Department with dollars.  Whatever they decide has to be passed by the voters of this City.  They need one person from the City Council to serve on the building committee.

Acting City manager Chapman states that before adjournment he would just like to give his outstanding support for the East Providence Fire, Police and City Employees for their support for the Potvin Family. 

 

XII.          ADJOURNMENT

 

A motion to Adjourn at 10:46PM is made by Assistant Mayor Britto, seconded by Councilwoman Sousa and on a roll call vote it is unanimous. 

Approved By Council:  January 3, 2017

Attest:  ______________

     City Clerk

 

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