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CITY OF EAST PROVIDENCE

RHODE ISLAND

JOURNAL OF REGULAR COUNCIL MEETING

December 5, 2017

6:30 P.M.

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

6:30 P.M. Council May Call An Executive Session, Room 101

7:30 P.M. Open Session

 

I.                EXECUTIVE SESSION

 

The City Council of the City of East Providence may meet in Executive Session pursuant to RI General Laws § 42-46-5 (a)(2)(5).

 

 

A.    New Claims

1.     Charles Alexyon

2.     Aminca Mutual Ins. Col. (Ins:  Bruce P. Laderer)

3.     Maureen Sprague

 

B.    Sewer Charge Abatements

1.     John & Julia Baptista

2.     Carlos Barros

3.     Maria J. Correia

4.     Victor Montepeque

5.     John & Yolanda O’Neill

6.     Vasilios & Eva Zafiriades

 

C.    Litigation

Providence Superior Court Case and Commission for Human Rights matter regarding Kathleen T. Waterbury vs. City of East Providence, Richard Kirby, Paul Lemont and Fire Chief Oscar Elmasian – Status Report

 

II.              OPEN SESSION

 

III.            CALL TO ORDER

           

IV.            SALUTE TO THE FLAG

 

Councilman Faria addresses the streaming and buffering issues and explains Cox Cable was contacted and changed the wiring.    

 

V.              TO APPROVE THE CONSENT CALENDAR

 

A.    Letters

1.     CRMC December 2017 Calendar

2.     CRMC Semi Monthly Meeting, Tuesday, November 28, 2017

 

B.    Cancellation/Abatements

Year                      Amount

2011                      $881.14

2012                      $1,873.83

2013                      $1,839.70

2014                      $1,249.31

2015                      $415.08

2016                      $299.36

2017                      $7,062.55

Total                     $13,620.97

 

 

C.    Council Journals

 

1.     Council Journal Regular Meeting November 21, 2017

2.     Council Journal Executive Session November 7, 2017

3.     Council Journal Special Meeting November 15, 2017

 

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

 

VI.            COMMUNICATIONS

 

A.    Edward Thornton, 10 Office Parkway, Apartment 913 (02914) requesting to address the Council regarding Pierce Field Accessibility. 

 

Mr. Thornton explains he went to the Thanksgiving Day football game at Pierce Field and he was appalled by the condition of the walkway.  He adds that to move along once in the venue, in order to get to the handicap area, is impossible.  Several people had to help him to get there.  He doesn't want to see any study done he just wants to see the work done.   He is a transplant to East Providence 52 years ago when he married.  It is a beautiful venue but he can't go anymore and he loves it but the city needs to do something to make it accessible.  A person can’t always get help.  He is requesting the council raise the money to fix it so it the city can have townie pride.  

 

Councilwoman Sousa thanks him for sharing and apologizes that he had to endure that rough time to get in to watch the game.  They have been in communication with parks and recreation regarding some infrastructure repairs.  It is an old facility and they are making sure there is handicap access as this is a very important concern.  She will speak with the director and the city manager to address and expedite the matter so he and others can enjoy the field.  She thanks him for coming out and alerting them. 

 

Councilman Faria thanks him for letting the council know because they are here for the residents. 

 

The City Manager states they addressed part of this within the budget and put aside $100,000 to address some issues at Pierce Field.  That area was built in 1940 and the Council was kind enough to give them some of that money to upgrade and repair. 

 

VII.         PUBLIC COMMENT

 

A.    Edward Thornton, 10 Office Parkway, Apartment 913 (02914) – Handicap Area of Pierce Field (spoke under Communication item)

B.    Ronald A. Rawlinson - Do Not Enter Sign on Pleasant Street

C.    Edie Weinstein, 46 Brightridge Farm Road (02916) – Do Not Enter Sign on Pleasant Street

D.    Deborah Cipalone – Do Not Enter Sign on Pleasant Street

E.     Chrissy Rossi – Procedure for Filling Commission Vacancies (Ms. Rossi defers her item)

 

VIII.       COUNCIL MEMBERS

 

A.    Stop Sign (by Assistant Mayor Britto)

Assistant Mayor Britto explains that he will take this item up under ordinances.

B.    Holiday Hayride at Hunts Mill 1PM-3PM, Sunday, December 10th.  (by Assistant Mayor Britto)

Assistant Mayor Britto announces the event is the 3rd Holiday Hayride at Hunts Mill and he thanks the Historic Society for all their help again.  It is open to the general public and is a free event.  There will be caroling and hay rides with a horse and carriage and hot chocolate.

C.    Community Meeting, Pleasant Street, “No Thru Traffic”sign, December 13 6PM Council Chambers.  (by Assistant Mayor Britto)

Assistant Mayor Britto states that to address the concerns he did contact all the department heads working on this to attend.  Regarding the amount of responses from those who didn’t attend the first meeting or didn’t know about it there was a traffic study in June and then again in August. By the time they got all the information back and got all the department heads together and with his travel schedule for work it has gotten to this set now.  He asks that any in attendance please tell everyone in the area that it is open to the public and is to be held at City Hall in the Council Chambers on December 13th next Wednesday at 6:00PM.   

 

He adds the City Website and Facebook page as well as the East Providence Post and East Providence Reporter all received notices. 

D.    "Thank you" Wilson Street Tree Lighting Ceremony (by Assistant Mayor Britto)

Assistant Mayor Britto thanks all who attended on Sunday at 6:00PM at the top of Wilson Street for the lighting.  In the past, the lights had been removed from the tree and while canvassing the area residents asked if they could be brought back.  They scheduled the event and were overwhelmed by the amount of people present.  In excess of 75 neighbors came to sing and countdown.  He thanks the DPW and Director Steve Coutu and Rob Walker.  There was a resident with a birthday and they were able to attend this resident’s event and sing happy birthday to him at the lighting.  He adds that with all going on in the world it was a happy holiday moment.

 

E.     Follow up - Sewer Use Fee Redux. (by Councilman Botelho)

Councilman Botelho states this issue never seems to go away as it is the much hated sewer use fee.  It is hard to get a handle on sometimes and it gets changed a lot in regards to cubic feet.  There is a lot of disagreement on the subject.  It affects all our wards.   He has asked why not just adopt the same billing for the whole city as the Narragansett Bay Commission does in Rumford but it hasn’t been easy to procure this information.  However, according to their budget the good news is that the city is currently in the middle of the pack and just under what the average user pays.  Barrington pays more and the city processes their sewage but doesn’t maintain their line.  He notes however that he still doesn't know on what basis they charge and why the City can't adopt the same fee schedule as the Narragansett Bay Commission.  If they can at least say that all are paying the same rate that could ease some pain.

 

The City Manager states they did get an answer from the Narragansett Bay Commission.  He calls Director Coutu to the podium.  Director Coutu explains they service waste water for Providence, Pawtucket, North Providence, Johnston, Cranston and Central Falls and 1/3 of East Providence and their rate structure is based on their operation expenses.  Their rates are different as their fixed fee is larger than the city’s so they bring in most of their revenue via fixed and nominal usage.  In East Providence there is a low fixed fee and a higher usage fee.  

 

Councilman Botelho asks Director Coutu if the city is billing Rumford residents more than what the Narragansett Bay Commission charges. 

 

Director Coutu states yes the city is collecting more, a little over $200,000 in total. 

 

Councilman Botelho asks that in order to bring equity to this billing system he would like to know what the harm is in just adopting their billing system.

 

Director Coutu states he doesn't think it is going to fit their operating expenses and debt service.  There is a variation in the rate and how one subset is paying for another.  The high user is paying for the low user.  

 

Councilman Botelho states this sewer use fee is something he gets contacted about on a weekly basis and he lets them know he doesn't have the 3 votes to adjust the fee to make everyone equal.  He adds he is committed to making it equitable.

 

Director Coutu states that particular ordinance may require 4 votes to amend it.

 

City Manager Chapman states that it does.

 

Assistant Mayor Britto asks if option one makes it equitable across the board.

 

Councilman Faria states that he does recall all the wards are pretty different he has a lot of low end users, elderly and widows etc…

 

Assistant Mayor Britto states that Option 1 made it more equitable.

 

Councilman Faria asks about the phased out exemptions in the options. 

 

Director Coutu states that one did and one phased the fixed fees and Option 4 was using the winter average.

 

Councilman Botelho states every meeting they have a number of abatements for sewer use charges and they need to find a solution.  Adding that it does hit people in their pocketbook.  In January he would like to work with any member of the council to obtain the 4 votes.

 

Councilman Faria states after the Holidays he would like that meeting with Barrington as a progress review for the wastewater plant.

 

City Manager Chapman states he will have a letter going out to the Barrington Town Manager and will copy the City Council.

 

F.     Follow up - MOA - RI Department of Transportation - East Providence State Roads. (by Councilman Botelho)

Councilman Botelho explains that he and the City Manager several months ago went to DOT to relay the importance of the need for road work on Pawtucket Avenue.  They walked into Alviti’s office and it was like they didn’t even exist and his secretary said she would put these requests on his desk and they still haven’t heard anything.   Mr. Thornton was here tonight regarding issues for paving at Pierce Field.  The Wampanoag Trail to Pawtucket Avenue is in horrible condition.   It is a disaster.  It starts at the new Cumberland Farms from Pawtucket Avenue to Warren Avenue.  It is the worst stretch of side walk he has ever seen.  They get nothing from the state.   In the winter if people don’t shovel they get a fine but a person can’t even walk on the sidewalks.  It is very upsetting that the city gets nothing.

 

The City Manager states that he had called the number two person at DOT yesterday and he said it is with the statewide planning department and that the person would get back to Director Coutu and that the city should have a revised draft next week.

 

Councilman Botelho continues this item until the next meeting. 

G.    Benny's Location Sale - Parking Lot.  (by Councilman Botelho)

Councilman Botelho states Benny's has sold 29 of 31 stores to Capuanato for future development and that Capuanato owns the one in East Providence and that includes the parking lot across the street next to Kent Heights Elementary School.  This parking lot is heavily utilized by the parents of those students and he has concerns.  He would like someone from the city to reach out as they are going to have a traffic issue there.

 

The City Manager states he doesn't know what their plans are and he will contact them to see if the city can still use the parking lot.   

 

H.    Credit Card Cashiering System City Hall (by Councilman Faria)

Councilman Faria states many in his ward reached out to him regarding not being able to use credit cards in the city clerk office especially for municipal court.  He requests an RFP be placed on the next docket.

 

I.       Council Relations (by Councilman Faria)

 

Councilman Faria asks to defer this item.

 

J.      Newly Paved Roads in Ward 4 (by Councilman Faria)

 

Councilman Faria announces that last week Franklin Street was paved and Director Coutu had said this Friday all the aprons and top coating will be completed.   He thanks the DPW and the City Manager. 

 

Director Coutu states Earl Street and that Mohawk Street are being worked on this week or next if weather allows and if not it will take place in the spring. 

 

Councilman Faria adds that he spoke with residents and they are very pleased. 

 

Councilwoman Sousa asks Director Coutu about 5th Street and he states that it is going to be finished.

 

K.    State Street and Culvert Project Update (by Councilwoman Sousa)

 

Councilwoman Sousa announces a grant and also that they received approval from the property owners as an easement to get the project done.  She adds they have begun removing the invasive species strangling the river bed.  It is an ongoing project and she recently had a discussion with the city engineer regarding four other points they can address.  They are diligently working on getting permits from RI DEM to make that area less of a flood zone than it currently is.

 

L.     Holiday Spirit (by Councilwoman Sousa)

 

Councilwoman Sousa announces they kicked off the holiday season and hosted the annual tree lighting event at City Hall.  Mr. and Mrs. Claus were present and there were refreshments, decorations, music and crafts.  They are thankful for a lot throughout the year and as it is a time of giving and she thinks of all those who are not as fortunate.  There is a wonderful group called Foster Forward, they are an outreach for foster children and families.  She spoke with the development director and has adopted a family of 5.  They are a family who have fostered for 8 years and then later adopted children ages 4-11.  They are a humble family with very little means.  She thought it would be nice as a community to help and come together to make it a special holiday for them.  In addition, there is also an adult men's group home and they are not state or federally funded.  It is a group home and their means are very limited.   There are two trees in the foyer of City Hall and there are ornaments on the trees for a bunch of items, primarily gift cards.  Each ornament contains the names of the children, their ages and the items that they are asking for.  Since she began this she has been contacted by other families in need.   Anything that comes off that tree especially the gift cards will be donated to those in need or those who have gone through a tragedy.  She encourages her colleagues to help as well as the employees at city hall.  She adds no matter the denomination it is the thought that counts.

 

City Manager Chapmans states that he has asked East Bay Community Action to put a food box in the lobby.

 

Councilman Faria thanks Councilwoman Sousa for decorating and brightening up city hall.  He adds she did the brunt of the work last year and couldn't be present to host the event.

 

M.   City Going On-Line (by Councilwoman Sousa)

 

Councilwoman Sousa states that in the spirit of Councilman Faria’s going green and LED lights she would like to note when a city decides to move forward and recycle and be conscientious of the environment it is worthy to note.   On line pay roll for the city is moving forward.   Fire and Building permits have moved forward with an on line permitting software.  These are great paperless strides forward and have been adopted by many cities and towns in Rhode Island.  The city clerk doesn't have it yet and that is a part that has delayed business owners. She did some looking into it and the view permit software has been made available to the clerk's office.  However, they have not heard back whether they are ready to go live.  Erik and Kelly were the leaders of this coalition and she asks if they could come forward to explain.   

 

Director Ahrens and Erik Skadberg note that View Permit did not have a licensing permit module yet and there was a push from all the cities and towns to have one.  They are going forward with View Cloud and have let the city know this will be addressed.

 

IX.            APPOINTMENTS

 

A.    Conservation Commission Reappointment (by Mayor Briden)

Ernie Germani, 35 John Street (02914)

 

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

 

B.    Carousel Park Commission -Address Change

                                                         Stephen Costa, 20 Arcadia Avenue (02916) 

Councilwoman Sousa withdraws this item until further notice. 

 

C.    Carousel Park Commission -Address Change

Izilda Teves, 52 Walnut Street (02916) 

 

Councilwoman Sousa withdraws this item until further notice. 

 

X.              ORDINANCES FINAL PASSAGE – PUBLIC HEARING

 

 

A.    AN ORDINANCE ESTABLISHING THE ANNUAL SALARY

OF THE MAYOR ELECT PURSUANT TO THE AMENDMENTS TO THE

CITY CHARTER PASSED AT THE NOVEMBER 7, 2017 SPECIAL ELECTION

 

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

 

SECTION I.  The annual salary of the Mayor shall be $90,000.00 and all other ancillary benefits of employment enjoyed by department heads.

 

SECTION II.  This ordinance shall take effect upon the swearing in of the Mayor Elect in January 2019 and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.

 

Requested by:  Mayor Briden

 

Assistant Mayor Britto states when he looks at the dollar amount he wonders why it is so low.

 

Mayor Briden states they did it based on the average of compensation in other municipalities. 

 

Mr.  Luba presents the results of a survey. 

 

Assistant Mayor Britto states if they want to attract really qualified individuals, considering what they pay a city manager, they might think about adjusting this number. 

 

Mr. Luba explains that compensation comparisons are around this a number and people thought it was too high and others thought it was too low.   It is a big job and they need to be paid a compensatory salary.  He adds that he feels $90,000 is sufficient.  In some cases the chief of staff makes close to or more than the mayor.

 

Assistant Mayor Britto notes this is $60,000 less then what the city pays the city manager.  

 

Mr. Luba states that number is pretty standard. 

 

Councilman Faria states the mayor is not required to have qualifications.  There will be a budget to structure the office and allow for funding for putting an office together.   As Mayor Briden suggests they want to get this out there while people are considering whether or not to run. 

 

Assistant Mayor Britto states they don’t even know if the mayor will need to hire a chief of staff the city manager doesn’t have one now. 

 

Councilman Botelho states that by virtue of the role of mayor being a direct contact to the people and employees, he will need to direct the city and employees to move forward and that is not necessarily an administrative position.   The mayor's office will be directly accountable to the people and through a chief of staff the city policy.   It is a very different structure.   Mayors make less than city managers but the office budget is much higher than what they have here now.   After looking into this it makes a lot more sense moving forward.

 

Assistant Mayor Britto states to attract better qualified individuals he suggests to raise the bar.  

 

Councilwoman Sousa states she understands but it's an elected position with only residency requirements.  They can't put a cash value on what the council does for the city, they do it because they want to serve and a mayor will be the same and depending on how he wants to design his office he can have a higher package than the city manager. 

 

Assistant Mayor Britto states because they have well qualified candidates running they should be well compensated.

 

Councilman Faria states what he was trying to say is they already have candidates who are qualified who have not found $90,000 an issue and he doesn’t want someone taking it for the money.

 

 

A motion to approve the Ordinance for Final Passage 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. 

 

XI.            LICENSES NOT REQUIRING PUBLIC HEARING

A.    Wrecker/Tower

Nicole R. Myers DBA All Hooked Towing & Recovery, 63 Dexter Road (02914)

Nicole Myers, 63 County Road, Barrington

 

A motion to approve the License is made by Councilwoman Sousa, seconded by Councilman Botelho and on a roll call vote it is unanimous. 

 

XII.          NEW BUSINESS

 

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

 

1.     East Providence – National Flood Insurance Program Update.

 

Acting Director Diane Feather and Wayne Barnes are present.  The item was previously before the Council at the September 11th meeting.   They need the letter from FEMA to be entered into the record to improve the City’s rating.  Wayne Barnes did a great deal of work to improve the rating of the community so that those who need flood insurance can receive a 10% discount rather than 5% discount.  He had to go through a lot of work to do this.  He will continue to work on this and maybe get the percentage up one more notch over the next couple of years.  The determination on where the flood zone lines are is hosted on the city’s website and social media page and is also used for emergency management purposes.  Mr. Barnes can be contacted for a flood zone determination and if a resident gets notified and are not sure about if they are in a flood zone.  They have assisted 80 or so over the years.  Policy holders may also have received a letter from FEMA.  If residents have gotten one and are interested they should contact Wayne Barnes Deputy Emergency Management Director in the Planning Department. 

 

Councilman Sousa asks if people who currently have flood insurance would now contact their insurance company to confirm their rate has changed.

 

Mr. Barnes states if they have a standard rate policy they should automatically get that discount.  Adding there is a FEMA notice on both new and renewed policies after October 1st.  However, if it is not done they should contact him.  

 

Councilman Botelho states many residents are associated with living near the shoreline and asks what parts are considered a flood zone. 

 

Mr. Barnes states State Street  along the 10 Mile River and the south east corner of the Terrace as well as those along the Bluff and who are 25-30 feet above sea level and above Center Street along the 10 Mile River.

 

B.    Reports of Other City Officials

 

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

 

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

 

                                      EAST PROVIDENCE CLAIMS COMMITTEE

                                               CLAIMS & LITIGATION REPORT

                              TUESDAY, DECEMBER 5, 2017; 6:30 P.M.; ROOM 101

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

                                                                 NEW CLAIMS

 

CHARLES ALEXYON                                                                                            $500,000.00

RM No. 15-127, Claim No. 17-049

 

Claim for alleged discrimination based upon age, disability and/or perceived disability and retaliation for engaging in protected activity.  Recommend referral to the insurance carrier.

 

Motion by:  Councilman Botelho                  Seconded by:  Councilwoman Sousa

 

Motion:  Refer the claim to the insurance carrier.

 

 

VOTE

COUNCILMAN

BOTELHO

ASST. MAYOR BRITTO

COUNCILMAN

FARIA

COUNCILWOMAN

SOUSA

MAYOR BRIDEN

Aye

Nay

 

 

 

 

 

Abstain

 

 

 

 

 

Absent

 

 

 

 

 

 

AMICA MUTUAL INS. CO.                                                                                       $1,288.33

(INS: BRUCE P. LADERER)

RM No. 17-085, Claim No. 17-051

 

Claim for property damage to insured’s parked vehicle sustained as a result of an accident with a City vehicle in the Weaver Library parking lot.

 

Motion by:  Councilwoman Sousa                 Seconded by:  Councilman Britto

 

Motion:  Approve the claim in the amount of $1,288.33.

 

 

VOTE

COUNCILMAN

BOTELHO

ASST. MAYOR BRITTO

COUNCILMAN

FARIA

COUNCILWOMAN

SOUSA

MAYOR BRIDEN

Aye

 

 

Nay

 

 

 

 

Abstain

 

 

 

 

Absent

 

 

 

 

 

 

 

MAUREEN SPRAGUE          Unspecified

RM No. 17-089, Claim No. 17-050

 

Claim for personal injuries sustained while walking along the side of Brayton Street.  Recommend referral to the insurance carrier.

 

Motion by:  Councilman Britto                      Seconded by:  Councilman Botelho

 

Motion:  Refer the claim to the insurance carrier.

 

 

VOTE

COUNCILMAN

BOTELHO

ASST. MAYOR BRITTO

COUNCILMAN

FARIA

COUNCILWOMAN

SOUSA

MAYOR BRIDEN

Aye

Nay

 

 

 

 

 

Abstain

 

 

 

 

 

Absent

 

 

 

 

 

 

SEWER CHARGE ABATEMENTS

 

JOHN & JULIA BAPTISTA                                                                                           $198.58

 

Request for a sewer charge abatement for the property located at 51 Waterman Avenue 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 $198.58.

 

 

VOTE

COUNCILMAN

BOTELHO

ASST. MAYOR BRITTO

COUNCILMAN

FARIA

COUNCILWOMAN

SOUSA

MAYOR BRIDEN

Aye

Nay

 

 

 

 

 

Abstain

 

 

 

 

 

Absent

 

 

 

 

 

 

CARLOS BARROS                                                                                                        $774.04

 

Request for a sewer charge abatement for the property located at 35 Taylor Drive in accordance with City Ordinance Sec. 17-183(g).

 

Motion by:  Councilman Britto                      Seconded by:  Councilwoman Sousa

 

Motion:  Approve the sewer charge abatement in the amount of $774.04.

 

 

VOTE

COUNCILMAN

BOTELHO

ASST. MAYOR BRITTO

COUNCILMAN

FARIA

COUNCILWOMAN

SOUSA

MAYOR BRIDEN

Aye

Nay

 

 

 

 

 

Abstain

 

 

 

 

 

Absent

 

 

 

 

 

 

 

MARIA J. CORREIA                                                                                                      $347.76

 

Request for a sewer charge abatement for the property located at 15 Leonard Avenue in accordance with City Ordinance Sec. 17-183(g).

 

Motion by:  Councilwoman Sousa                 Seconded by:  Councilman Botelho

 

Motion:  Approve the sewer charge abatement in the amount of $347.76.

 

 

VOTE

COUNCILMAN

BOTELHO

ASST. MAYOR BRITTO

COUNCILMAN

FARIA

COUNCILWOMAN

SOUSA

MAYOR BRIDEN

Aye

Nay

 

 

 

 

 

Abstain

 

 

 

 

 

Absent

 

 

 

 

 

 

VICTOR MONTEPEQUE                                                                                                $93.12

 

Request for a sewer charge abatement for the property located at 176 Burgess Avenue in accordance with City Ordinance Sec. 17-183(g).

 

Motion by:  Councilwoman Sousa                 Seconded by:  Councilman Botelho

 

Motion:  Approve the sewer charge abatement in the amount of $93.12.

 

 

VOTE

COUNCILMAN

BOTELHO

ASST. MAYOR BRITTO

COUNCILMAN

FARIA

COUNCILWOMAN

SOUSA

MAYOR BRIDEN

Aye

Nay

 

 

 

 

 

Abstain

 

 

 

 

 

Absent

 

 

 

 

 

 

JOHN & YOLANDA O’NEILL                                                                                      $195.25

 

Request for a sewer charge abatement for the property located at 24 Bellevue Boulevard in accordance with City Ordinance Sec. 17-183(g).

 

Motion by:  Councilman Britto                      Seconded by:  Councilman Botelho

 

Motion:  Approve the sewer charge abatement in the amount of $195.25.

 

 

VOTE

COUNCILMAN

BOTELHO

ASST. MAYOR BRITTO

COUNCILMAN

FARIA

COUNCILWOMAN

SOUSA

MAYOR BRIDEN

Aye

Nay

 

 

 

 

 

Abstain

 

 

 

 

 

Absent

 

 

 

 

 

 

VASILIOS & EVA ZAFIRIADES     $464.18

 

Request for a sewer charge abatement for the property located at 61 Beverly Road in accordance with City Ordinance Sec. 17-183(g).

 

Motion by:  Councilwoman Sousa                 Seconded by:  Councilman Botelho

 

Motion:  Approve the sewer charge abatement in the amount of $464.18.

 

 

VOTE

COUNCILMAN

BOTELHO

ASST. MAYOR BRITTO

COUNCILMAN

FARIA

COUNCILWOMAN

SOUSA

MAYOR BRIDEN

Aye

Nay

 

 

 

 

 

Abstain

 

 

 

 

 

Absent

 

 

 

 

 

 

 

A motion is made by Councilman Botelho, seconded by Councilman Britto to adjourn at 7:48 p.m. and reconvene in open session.  Upon a roll call vote, the motion is approved 5-0.

 

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

 

 

C.    Report of School Committee Liaison

It is reported that the School Committee Chair and Superintendent have reached out to the City to let them know that December 19th, at the next council meetin, there will be a presentation.

 

D.    Resolution

RESOLUTION REQUESTING THE APPOINTMENT OF WILLIAM FAZIOLI AS CHAIRPERSON OF THE

EAST PROVIDENCE WATERFRONT DISTRICT COMMISSION

 

A motion to dispense with the reading of the Resolution is made by Councilman Faria, seconded by Councilman Botelho and on a roll call vote it is unanimous. 

 

WHEREAS, the East Providence Waterfront District Commission has been without a Chairperson for eight (8) years; and

WHEREAS, William Fazioli has been a member of the Commission since 2006 and the Acting Chairperson of the East Providence Waterfront District Commission since 2009; and

WHEREAS, the Mayor and East Providence City Council believe that William Fazioli has the educational background, municipal finance experience and institutional knowledge as a prior City Manager, Finance Director and Town Treasurer to continue to successfully lead the East Providence Waterfront District Commission.

NOW, THEREFORE, BE IT RESOLVED the Mayor of the City of East Providence with the approval of the East Providence City Council requests that Gina Raimondo, Governor of the State of Rhode Island appoint William Fazioli as Chairperson of the East Providence Waterfront District Commission and that the Governor forward William Fazioli’s name for the advice and consent of the Senate as required by Rhode Island Public Law.

Requested by:  Mayor Briden & Councilman Botelho

Councilman Botelho states that he cosponsored this item and during the previous meeting Mr. Fazioli asked a lot of tough questions regarding how they judge and qualify certain projects.  The board has a tremendous amount of power outlined by state law going back to 2003.  He adds he doesn’t blame him for being agitated and they have since corresponded and they spoke about the issue in depth.  Mr. Fazioli has been an acting chair and carrying the weight without sufficient appointment.   This appointment is a mayoral and governor combined appointment with consent of the State Senate.   The council were somewhat annoyed by the lack of communication.  One of the things they need to do is that if Mr. Fazioli wants the appointment they should give it to him and remove any feeling of apathy from our body, the state or anywhere else.  Currently, the Waterfront Commission contains 11 voting members, 5 are appointed by the Governor, 5 by the City Council and the chair is a joint appointment.  If not they will end up in an endless 5-5 tie.   The other thing is it puts the city at a disadvantage and the city should get its appointment back and this should be followed up with.  With regards to the Governor’s Office the council will do whatever they can.   If the Governor or the Senate doesn’t care about it then it should be disbanded.  He would expect and respectfully ask the Council to get behind this resolution and move the Governor and Senate off the dime so they can get another appointment on the commission. 

 

Councilman Faria states the way it is structured now, since 2009, they have had an acting chair.

 

Mayor Briden states in 2012-2014 he submitted a letter to the Governor and it didn't result with the appointment adding that with this resolution they will do a letter and submit it. 

 

Councilman Botelho states if they don’t hear from them in a few months they will see how serious they are on this.

 

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

 

E.    Introduction to Ordinances

1.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”

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

SECTION I.  Subsection (b) of Sec. 18-269 entitled “Stop and yield intersections designated; when stops required” is amended by adding thereto the following:

Roger Williams Avenue (eastbound and westbound traffic) at Leahy Street

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

Requested by:  Councilman Britto

Assistant Mayor Britto states this was requested by residents in the area regarding speeding.  There was a site survey and he also spoke to neighbors.  There are 50 residents in favor of having a stop sign placed there.  He was able to witness cars speeding and not too far from the location there is a playground.  He is usually against stop signs because people think it solves the problem but it can in fact it can cause more problems with noise and stopping in front of people’s home but during this time on Roger Williams Avenue they are really flying by and residents have taken to posting their own signs.

 

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

 

2.***CORRECTIVE ORDINANCE AMENDMENT

CHAPTER 680, BOOK 22, PAGES 29 & 30

 

AN ORDINANCE IN AMENDMENT OF CHAPTER 11 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “PERSONNEL, PENSIONS AND RETIREMENT”

 

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

 

SECTION I.  Chapter 11 of the Revised Ordinances of the City of East Providence, 1998, as amended, entitled “Personnel,” is amended by adding thereto the following:

 

Sec. 11-241. Nonservice-connected death.

 

Upon death of a member due to any cause other than an act of duty occurring while a member is in service, on sick leave with salary, on an approved leave of absence extending not more than six months continuously or while in receipt of a service retirement annuity or nonservice-connected disability annuity, if such member shall have at least three years of credited service, his surviving widow shall be entitled to an annuity. The annuity shall be equal to 30 percent of average final salary, increased one percentage point for each year of credited service above three years, up to a maximum amount equal to 50 percent of final average salary. Eligibility for such annuity shall be subject to the following conditions:

(1)  The widow shall have been married to the member at least one year prior to the date of death of the member or prior to the date of retirement on a service retirement annuity or nonservice-connected disability annuity, whichever occurs first and in any event while the member was in service.

(2)  The widow shall be at least 55 years of age, otherwise commencement of payments on the annuity shall be deferred until the widow attain such age.

(3)  The annuity shall terminate in any event upon remarriage, and any change in marital status thereafter shall create no rights for the widow to any annuity or any other payment from the system.

(4)  The minimum payment to a widow in any case shall be 30 percent of average final salary, and the maximum shall be 50 percent of such average final salary.

a.    If a widow has an unmarried minor child in her care under age 18, payment of the widow's annuity shall begin immediately regardless of whether the widow shall have attained age 55. In such a case, the annuity for the widow shall be increased ten percent of final average salary on account of each such minor child, provided that the maximum payment on account of a widow and children shall not exceed 60 percent of final average salary. If such limitation is exceeded, all annuities shall be prorated to conform therewith.

b.    Payments on account of minor children shall terminate upon their attainment of age 18, death or marriage, whichever first occurs. If a widow remarries, the annuity on account of each minor child shall be increased to 15 percent of final average salary, subject to a limitation of 50 percent of final average salary to all minor children.

c.    Should payments on account of minor children terminate before the widow attains age 55, the annuity to the widow shall be suspended until the widow attains age 55.

d.    Minor children shall include children of the blood and adopted children, provided that the proceedings for adoption shall have been initiated at least one year prior to the date of death of the member.

 

SECTION II.  This ordinance shall take effect retroactive to October 3, 2017 and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.

 

Requested by:  Councilman Faria

 

Solicitor Dias states the issue came before the council from the pension board along with a number of other ordinance updates they had requested and with this one there was an issue with the recording of the minutes by their clerk who wasn't present that day and this one particular change had actually been deferred and not requested.  The board will continue to look at it and it may be back with other changes but right now it is an issue which needs to be corrected as it was not voted on by the board yet. 

 

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

 

 

3.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”

 

A motion to Dispense with the Reading of the Ordinance is made by Councilwoman Sousa, seconded by Assistant Britto and on a roll call vote it is unanimous. 

 

          THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:

 

SECTION I.  Subsection (b) of Sec. 18-269 entitled “Stop and yield intersections designated; when stops required” is amended by adding thereto the following:

 

Hoyt Avenue (eastbound and westbound traffic) at Greenwood Avenue

 

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

 

Requested by:  Councilman Britto

 

Assistant Mayor Britto states a similar situation was taking place on Roger Williams Avenue.  He adds this wasn’t something done overnight and it has been in the works or discussion for at least 6 months now.  

 

A motion to approve the Ordinance for First Passage is made by Assistant Britto, seconded by Councilman Botelho and on a roll call vote it is unanimous. 

 

Councilman Faria states this marks the Council’s one year anniversary of their inauguration and he congratulates to the Council and states that although they may see things differently at times they work together and have accomplished a lot so far. 

 

XIII.       ADJOURNMENT

 

A motion to Adjourn at 9:52PM is made by Assistant Mayor Britto, seconded by Councilwoman Sousa and on a roll call vote it is unanimous. 

Approved By Council:  December 19, 2017

Attest:  _______________

                City Clerk

 

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