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).

A.    New Claims

1.      Teresa D. Lebeau

2.      Verizon

B.     Claims for Reconsideration

1.      Christine Shepherd

C.    Sewer Charge Abatements 

1.      Julie Bailey

2.      Jonathan Baptista

3.      Maria Bicho

4.      Edward Cox

5.      Charlene DeMello

6.      Charles Golden

7.      Gary and Kathy McCusker

8.      Dennis Patricio

9.      Deborah J. Phillips

10.  Clayton S. Scott

II.                OPEN SESSION

III.             CALL TO ORDER

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

IV.             SALUTE TO THE FLAG

V.                TO APPROVE THE CONSENT CALENDAR

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

A.    Letters

VI.             PUBLIC COMMENT

A.    Richard Cavallaro, 7 Ford Street, Seekonk, MA – Towing

B.     Robert Lewis, 36 Cox Street, East Providence – Towing

C.     Ed Lynch – Public Comment Richard Kirby

D.    Corliss Blanchard, Roger Williams Avenue – Public Comment City Manager

VII.          APPOINTMENTS

A.    City Manager – Richard Kirby, 85 Hoyt Avenue (02916) (by Councilman Botelho)

A motion to approve the Appointment is made by Councilman Botelho, seconded by Assistant Mayor Britto

Under Discussion:

Solicitor Dias cautions the council that there is a potential liability for an adverse employment action.  The council cannot mention job performance. There was no notice.  There are other issues as well and if this was done in open session without notice there could be an issue.

Councilman Botelho states he invited Mr. Kirby here.  He reads an excerpt from a Providence Journal article. He notes one of the past council members is still battling issues with ethics.

Assistant Mayor Britto notes he was on the previous council and he is still here and that former Assistant Mayor Cunha is he assumes still in support. The Lever and Ragosta reports exist and there are still issues revolving around Mr. Kirby’s firing.  Anyone who objectively reviews the documents can only conclude he was fired because he wouldn't play ball.  A vote to reinstate regarding these facts would show they are true to their word and not only carrying the water of the previous council.  He adds he has known Tim many years and it has always been both friendly and cordial though they have differences regarding policy. He could not find any resolution that the other council had other than to name Tim point of contact.  Mr. Dias stated it was an executive session regarding terms and the council voted to seal those minutes because these are sacred they have no idea what it would be if they acted on Mr. Kirby tonight.  The only thing he guilty of is stating that City Hall was being run as Tammany Hall and if anyone can't see this then God save us all.  

Councilman Faria states he is not a vote against Richard Kirby but he has released a press statement that he is not going to devalue the entire hiring process by appointing Richard Kirby who he has not seen or talked to for 6 months.  He is open to a meeting to discuss the topic but this is on the docket like a traffic control appointment.  He would imagine in 6 months time for example he could have robbed a bank for all they know, he adds that he says this lightheartedly.  He asks the Solicitor if there is a process and Solicitor Dias states that is correct there is.  Councilman Faria adds that things such as advertisement, an extensive process, a national search, receipt of resumes, interviews and then the final 3 generally come before the council and public.  This was done in the past and one is now the town manager in Barrington. Councilman Faria asks the Solicitor if Mr. Kirby is he an employee at-will. The Solicitor responds that he has been terminated so he would need to re-apply.

Assistant Mayor Britto states this is no different than the acting city manager who was put in place. It doesn't make sense to go through the entire process at this time as it could take in excess of 6 months. 

Councilman Faria asks Assistant Mayor Britto is he has been in touch with Mr. Kirby.

Assistant Mayor Britto responds he has.

Councilman Faria asks why he would need to be in touch with him.

Assistant Mayor Britto states he is not going to argue back and forth with Councilman Faria.  

Councilman Faria requests to move the vote.

Councilman Botelho states he is not finished discussing the matter.  He understands how Councilman Faria feels but adds let's look at the facts, it is the second week of January and Councilman Faria called the meeting to discuss Acting City Manager Chapman’s performance.

Councilman Faria states yes there was a meeting scheduled and it was cancelled due to a posting error.  He adds he disagreed with the cancellation as did Councilman Botelho however the law department provided a legal opinion on the matter and the next day Councilman Botelho did a flip flop.

Councilman Faria asks Councilman Botelho if he went out to dinner twice with Acting City Manager Chapman and asks who paid for that.  Adding he talks about being above the fray but he has never met for lunch or coffee or drink and the conversations he has had with him have been regarding the sewer plant and the issues facing our city at the time.  He adds Mr. Kirby contacted him.  That he contacted Assistant Mayor Britto.  He continues that he invited Mr. Kirby to sit and talk and offered to take time away from his family on Sunday of the same weekend and to also continue to discuss these matters with the Council.  Then suddenly there was a media release.  The point is Councilman Botelho wants it his way or no way.  He is dysfunctional and wants to make the whole city dysfunctional.  When he says Richard we haven't talked why don't we get together and that's not good enough.  It’s disingenuous to say that he campaigned on the premise of brining back Richard Kirby.  This is foolish.  He did mailings and walked his ward and hosted lunches and high rises.  It's foolish to make that statement.  He didn't support the firing and was very sympathetic but he has an issue when someone is going to shove this down his throat.  Back then it was another gentleman.  Then it was a department head and then if they want to get real transparent they can go to the real early meetings.

Assistant Mayor Britto states he never met with Richard since he left.  Adding to put a quote in The Reporter over the weekend stating that we are strong arming you into voting yes is theatrics. 

On a roll call vote the motion fails 3-2 with Councilman Botelho and Assistant Mayor Britto voting Aye. 

B.     Economic Development (by Mayor Briden)

Dominic Leonardo, 16 Prescott Avenue (02915)

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

C.    Council Liaison to the Carousel Park Commission

A motion is made to appoint Councilman Faria as the Council Liaison to the Carousel Park Commission by Councilwoman Sousa, seconded by Councilman Botelho and on a roll call vote it is unanimous. 

D.    Charter Review Commission – Replacement (by Assistant Mayor Britto)

To replace the previously appointed Sandra Barone, 12 Weeden Avenue (02916) with John Faria, 20 Rowley Street (02914)

A motion to approve the Appointment is made by Assistant Mayor Britto, seconded by Councilman Botelho and on a roll call vote it passes 4-0 with Councilman Faria recusing. 

E.     East Providence Police Tow List (by Councilwoman Sousa)

Jeremy Reis DBA All Mobile Towing, PO Box 14544 (02914)

Solicitor Dias reports that if there is a vote it must be made subject to all the requirements of city ordinances and all the rules and regulations of the East Providence Police Department. 

Mayor Briden states that earlier the issue was raised as to whether or not members of the public would be allowed to testify.

Councilwoman Sousa states that they usually have the Chief weigh in.

Assistant Mayor Britto asks the Chief what the standards are. 

Chief Parella states if the question is do they have an adequate number of tow companies on the list, then right now they have 6 companies on the list and he provides their names.  There doesn't seem to be a need for more but it is insignificant to the police department as to how many there are.  There are a lot of rules and regulations the companies have to follow and the City Clerk has these as well and notes the City Solicitor has them as well.  For example the company would need to have 12000 square feet and be a continuous business in the city for 6 months or more.  They would need to provide the police with the name address and social security number of the owner of the business and all drivers as background checks are required according to the law as well as a whole bunch of other regulations which will need to be met prior to be allowing them to tow for the Police Department. There are also PUC regulations which need to be followed.

Councilwoman Sousa asks the Chief if All Mobil Towing has a relationship already with the City. 

The Chief indicates they do as they install light bars and radios.  He notes the owner is a vendor for them for electronic equipment and has done work for the central garage.  

Assistant Mayor Britto asks what the timeline is for this.

The Chief states they wouldn’t do the inspection until the 6th month of consecutive service in the City is in place.  They would wait until after that and then check all the regulations including a signed lease.

Councilman Botelho states that in the past the Chief would request an appointment if they were short.

The Chief indicates the Council has not added anyone going back a number of years since he has been the deputy and the only issue which arose was in trying to take one off the list.  There were lawsuits and it never happened.

Councilman Botelho asked if adding another to the list would affect motivation. 

The Chief responded he wouldn’t worry about their motivation as it is built into the regulation how much time they have to arrive on the scene, pick up debris, complaint process etc…

Councilwoman Sousa notes that as tow companies they don't just tow for the East Providence Police Department they are full service companies. 

Mayor Briden notes he would have a concern regarding people who have made the investment and are currently towing and the Chief indicating they have an adequate number of towers.

Councilwoman Sousa notes this is a person who came already and has a relationship with the City already they are a vendor for the East Providence Police Department though she understands its one more person in the rotation.

Councilman Botelho states operationally they are in good standing with the current tow list but if the Council wants to put another person on to the operation it doesn't matter to him. 

Assistant Mayor Britto notes they will have 6 companies and that pretty much monopolizes things for the City.

The Chief notes they do have 6 companies and it's only the 6 they can call.

A motion is made by Assistant Mayor Britto, to approve moving forward with the additional towing company All Mobile Towing providing that they meet all required City and State Regulations, this is seconded by Councilwoman Sousa and on a roll call vote the motion passes 4-1 with Mayor Briden voting Nay.

VIII.       LICENSES NOT REQUIRING PUBLIC HEARING

IX.             NEW BUSINESS

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

1.      2017 East Providence Hazard Mitigation Plan Approval

The City Manager reports he has forwarded to the council the plan and process of its development and there will be a resolution for a vote.  He adds he wants to complement Wayne Barnes in the Planning Department on the outstanding job he did. If the council has any questions and if they would like to have Wayne go through it he is present.  It does require approval every 5 years.  

Wayne states that it is a required approval every 5 years in order to maintain FEMA compliance with various things.  This keeps city property owners able to have federal flood insurance and in order to get a discount many communities send this out.  It’s a big project and the city always likes to do it in house and they have always done this in the past.  They sent the original update in 2015 which was approved by FEMA.  This current draft is pending council adoption and the final draft will be sent to FEMA who like to see evidence of the city adoption in the form of a resolution.  The Council’s vote to approve the plan is the only step which will take place at the next council meeting.  The resolution will be sent to FEMA and they will send the City the approval letter and then the process is done.

Councilman Botelho complimented Wayne Barnes on an incredibly well done job. 

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

A 5 minute recess is called.

Unanimous consent is granted to move the resolution on the docket to this location as there are residents present to speak on the matter. 

A.    Resolutions

RESOLUTION RE-NAMING HONOR FLIGHT PARK TO TOWNIE PRIDE PARK

WHEREAS, the former Jones Pond is a renovated park located near Pierce Field in the center of East Providence; and

WHEREAS, the park *at Jones Pond* was previously re-named Honor Flight Park, however, there is a consensus that the name Honor Flight Park would more aptly describe the *be located at* Veterans Park at Sqantum Woods; and

WHEREAS, the park is located near a residential area adjacent to the Pierce Field recreational park and is a community area to be used by all City residents; and

WHEREAS, the pond could be used for winter ice skating by all City residents; and

WHEREAS, the area is ideal for picnics, family events, school outings, outdoor concerts and other community gatherings; and

WHEREAS, the renovation of this area reveals the townie pride of its students, residents and the whole East Providence community.

NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of East Providence wishes to celebrate and acknowledge the pride of the residents of the City of East Providence and its heritage by renaming Honor Flight Park to Townie Pride Park *at Jones Pond*.

This resolution shall become effective upon its passage.

Requested by:  Councilwoman Sousa

Councilwoman Sousa calls former Councilwoman Capobianco, Jim Miller and Rick Lawson all members of the Veterans Advisory Committee to the podium.   They explain the honor flight park program was created before the Veterans Committee was created.  The honor flight program is a fabulous program and they have been in touch with Assistant Mayor Cunha and he is going to reach out to the Honor Flight Program to move the donated brick walkway to Veterans Memorial Park.  They will design it to go around the pond at Squantum Woods.  They raised concerns about one piece of language in the resolution as they are not looking to change the name of Veterans Park to Honor Flight Park.  The walkway will have a sign that it was donated by the Honor Flight Program.  This would take out the confusion.  They could delete that paragraph and put in the words located at Veterans Park. 

Councilman Faria thanked Jim Miller and Tracy Capobianco for speaking to him at length over the weekend regarding this project and thanked Jim for his service to this country.

Councilwoman Sousa noted previously the park was hidden behind Pierce Field and secluded to the residents.  Putting the memorial to the veterans where people can see it is much better.   Last year Assistant Mayor Cunha named the park Honor Flight Park and she notes she loves the idea but hadn’t thought of a veteran’s park and it's a great and Helder Cunha agrees it is better off there.

Assistant Britto notes that he just has an issue with renaming memorials and parks.  He has a problem with that personally.

Tracy Capobianco comes to the podium and notes though she agrees this one is unlike that.  It’s just going to be moved to a new location.  They are just moving the pavers.  It hadn't yet happened and if the honor flight activity is not going to be at Jones Park then it wouldn't make sense to have that name there.  She spoke to Representative Cunha and over the course of the weekend in order to properly establish a site and honor veterans it requires more than just a path. 

Jim Miller speaks about the flag pole and the monument which memorializes solders from East Providence who perished.  The monument used to be located on Massasoit Avenue but people couldn't even go visit it.  It took numerous councils just to move it.  Approximately 10-15 years ago when RI DEM gave a grant they decided to move it and took another 5-6 years but we now have actually drove it down there.   They went into a dumpster and found a dirty mattress so they could protect the stone. They need a light on the flag pole.  They have 6 on the side of the road and no light.

Councilman Faria states that he supports this 110%. 

Jim Miller states that when monuments are buried in the bushes it is disrespectful and they are going to start pulling them out and bringing them to this one central location.  There are picnic benches with access from the bike path.

Rick Lawson, 19 Plum Road speaks and states he is a veteran and the son of a veteran and having access from the bike path and the ability to take school kids there on a field trip is very important.  The City of East Providence loves its veterans at Christmas time it purchases the flowers for the monuments. 

Tracy Capobianco states that they have a small walking path around the property and supports this option she is concerned about the language but if they clean it up they are fine with it. 

Mayor Briden asks if the name of the Jones Pond site is Townie Pride Park at Jones Pond and it is acknowledged this is correct. 

Assistant Mayor Britto notes that if the City of Providence changed the name of his father’s park at Fox Point it would be a big slap in their face.  He asks if the City is losing any funding.

Councilwoman Sousa states no as this was in the works but there was nothing concrete except possibly some pavers.

Mayor Briden asks if there has been some communication with the Honor Flight Organization and the response is that there has been. 

Jim Miller states that he has had a lengthy discussion with Representative Cunha and he is going to call be speaking with the Honor Flight Organization and explain to them the new plan. 

Councilwoman Sousa notes the organization will donate a certain amount and then people will purchase more to donate to their family names and then it goes back to the Honor Flight Organization to pay for the flights.

Jim Miller commends the former City Council for the work they did on this because without them the Honor Flight Organization people would not be in East Providence.

Tracy Capobianco notes they are starting to fundraise for the flags and would like to put money towards it.

Councilwoman Sousa states that they do appreciate all the work Representative Cunha did and all the work and communication he has been doing in speaking with the Honor Flight Organization and working together to build the Honor Flight Park.

Councilman Faria agrees and notes it is very honorable of Representative Cunha.

A motion to approve the Resolution with noted amendments is made by Councilman Faria, seconded by Councilwoman Sousa and on a roll call vote the motion passes 4-1 with Assistant Mayor Britto voting Nay.

2.      Water/Sewer Workshop – Request for New Date

The City Manager announces the Rate Consultant will be present at the March 20^th meeting at 6:00PM.

3.      February 9 and February 12 Snow Storms

The City Manager reports on the 2 snow storms.  He notes his appreciation of what the city plows and employees do.   East Providence is one of the few cities which use just city employees and plows all in-house.  He drove with them and they did an unbelievable job of keeping the roads clear.  When a truck goes  into the central garage due to a problem it's like a NASS car pit stop.  They fix it and get it back on the road.  There was 11 inches of snow to clean up in these storms.  He thanks DPW and Director Coutu.  It was a tough storm to judge and following the storm the school department sat with the superintendent and their director of facilities and the DPW Director who agreed to what the best streets were to try to take care of the snow to best assist the schools and for the schools to assist the city and there is a good line of communication.

4.      Office Moves and Receptionist Status

The City Manager reports that the Planning Department and Human Resource Department have switched offices. The complaints that the Human Resource Department needed to be more secure and that Planning needed more space have been resolved.  Ed Catelli and Tony Viera and staff handled the job at no cost to city taxpayers.  They did a phenomenal job and saved the city a lot of money and both departments seem happy.  The new receptionist is starting this Monday.  She will be manning the phones from 8am-12pm and then going to lunch and from 1pm-4pm will be a floater for the city to help the other departments.  She is bi-lingual speaking Portuguese.  They are trying to take care of issues they had not been able to meet the needs of the tax payers.

Councilwoman Sousa Anna asks which departments need the most for assistance.

The City Manager noted Treasury during bill collecting, City Clerk’s Office and different departments will be in the mix also depending on the time of year. She will be able to move around if they don't need work she will go back to desk 1pm-4pm.  It’s a novel way of handling the various needs.  The city will adjust if that changes.

The City Manager reads from a print out a news story where two of the three female fire fighters featured in the story Breaking Down Barriers were Sharon Quaver and Katie Moore from the East Providence Fire Department.

The City Manager acknowledges the good work of John Potvin and the East Providence Fire Fighters EMS for bring featured on WPRO Jody Greco for 30 minute on site CPR protocol. 

5.      Past-Due Water/Wastewater Collection and Shutoff Policy Implementation

The City Manager calls Jim Marvel to the podium.  The City Manager reports that it came to his attention that they needed to work on collecting delinquencies which totaled $1.5-2 million. He asked that they get him the most current data.   There are 2,000 customers, other customers are paying and subsidizing the delinquent ones.  They have created a collection and shut off policy.  It is 3 pages long and will be put on the city website.  Agreements may be made for owner occupied residents, commercial and industrial cannot have payment agreements.  

Councilman Faria asks about hardship reasons.

Jim Marvel addresses this stating that a lot of these are delinquent for many years.

Councilman Faria agrees East Providence is one of very few cities which doesn't have any medical protection.

The City Manager states that they will handle hardship on an individual basis.

Jim Marvel adds that the number is actually very small.  They have about 2000 seriously delinquent. They see 8-10 hardships a year.

Councilman Faria notes that if they are in a hospital a bed or bed ridden even though this is not regulated by the PUC there are processes the PUC uses and the city could follow theirs.

Jim Marvel indicates they have had that issue and they would not leave anyone like that there is Ebay cap for assistance as well. 

B.     Council Members

1.      Charter Review Commission (by Mayor Briden)

Mayor Briden states the first meeting is on Thursday, March 2 at 7:00pm in Room 306.  It will be televised and uploaded for streaming and it is a good opportunity to bring the charter provisions in line with article 3.  They can also look at some of the bigger questions such as the budget reserve fund and tax cap provision.  Getting Paul Luba’s input during these meetings is valuable.  The tax year alignment issue and if there is a better use of those funds over time regardless of the form of government should be addressed by the council.  Residents input and interest in running for office and what changes the city can make to make more residents take part in these discussions.   

2.      Follow-up on the Fire Academy (by Assistant Mayor Britto)

Assistant Mayor Britto notes that as a follow up to last meeting and the certified minutes to the personnel hearing board meeting he would like to know from the solicitor if these are available. 

Solicitor Dias states the personnel hearing board has not met since that last hearing to vote on the minutes.  They are scheduled to meet soon.  The City Manager put forward a couple of hiring positions which he would hope are certified shortly.

Assistant Mayor Britto asked if they meet monthly.

Solicitor Dias states they meet as needed. 

Assistant Mayor Britto asks if there is any way they can get them certified prior to the next council meeting.

Councilman Faria requests unanimous consent to move the item up on the agenda regarding fire testing and there is no objection.

A motion from Assistant Mayor Britto to extend the meeting 15 minutes past the curfew is  seconded by Councilwoman Sousa and on a roll call vote it is unanimous. 

C.    Reports of Other City Officials

1.      Report of Solicitor on Fire Fighters Test Issue (by City Solicitor Greg Dias)

Solicitor Dias reports as requested the law department checked into the fire fighters process, if the city can appeal or sue or whether their decision was a fair or erroneous decision.  The first time the fire department went out was Jan 27-August 31 and brochures were hung in city hall and there were advertisements in the East Providence Reporter.  According to East Providence ordinance it requires that it must be placed in a newspaper of general circulation.  The determination was that it was not advertised correctly in the Providence Journal and East Providence Post.  Also the East Providence Police Department test was certified, however there were a number of places that this test was advertised including Roger Williams University, Salve Regina University, Johnson and Wales University, RI employee website, Providence Journal Sunday edition and it aired on Channels 10 and 12, there were posters and flyers at local and state offices, the Department of Labor and Training, the Municipal employees association,  RI.net and posted throughout the city.  The RI Attorney General determines what the term newspaper of general circulation means and it determines it is a paper delivered or sold not less than once per week, issues regular intervals and has a paid circulation.  Additionally, city staff had discussions with the testing company regarding the actual passing score the company sent information stating if the city wanted to do a 65 or 60.  Staff made the recommendation of 65 they said because this would include more minorities and women however to make that determination they would have had to have looked at the scores and that unfortunately is a violation of the ordinance.  They first state they have to achieve a 70 and sent out information with this.  After they lowered it to 65 and they cannot lower the tests chores once the results have been received.   That memo requested from one to another was accepted and in fact done and they continued the process and did oral interviews and on December 12^th did a final score.  However no list becomes final until it is certified by the Personnel Hearing Board.  The board upon hearing the issues with the fire process did not vote at that time.  They discussed having it be 70 but at another meeting the board unanimously voted not to certify.  The second question was whether this city council can appeal this decision.  The East Providence city ordinances state individuals having a problem can however it is the opinion of law department the city council could if they thought there was reason to do so, the city must have standing however, it must be an injury to the city or the it council.  It appears the personal hearing board decided not to appeal due to staff error.  Who made the error was not the board itself.  

Councilman Faria notes that boards are powerful.  They can hold more power than the council.  It appears the opinion of the law department was that the board made a logical and cogent decision based on those facts he adds he is not sure what other facts they have now which they didn't have at that time and they are under no obligation not to review it again.  He believes the council should send it back to them a 3rd time and if they stand by their decision then fine.

Councilman Botelho thanks the Solicitor for his work though he still has some questions.  There has not been a report back to council regarding who made the error.  

Mayor Briden asks if the Solicitor thinks it might be possible regarding a review of their decision or a de novo where they actually hold the hearing again and part of that is did they have the benefit of legal counsel during that hearing.

Councilwoman Sousa asks if it is common practice.

Mayor Briden states that given the number of legal issues it might be. 

Councilman Faria agrees with the Mayor and notes if it was the zoning board one of the solicitor’s would have been present. 

Councilwoman Sousa notes that it is disturbing because two were up for testing fire and police and what was done which was drastically different that Human Resources would not have gone through the same process.  She states that she wants accountability and they have the right to know.  One list went through and one has is a major problem.

Councilman Botelho calls Chief Elmasian to the podium and asks him what type of overtime cost will be incurred to the tax payer.

Chief Elmasian states they are not going to make the March Academy because prior to the list bring certified there is a physical test, gear and uniform and they need one month before the list is certified.  He is hoping he can run a list in June.  This will be 3rd academy.  Any difference in the process he is unaware of it is relatively the same. He would like to clarify the lowering of the marks was not for race or gender it was across the board and the lowering was done with representatives from Human Resources.  It was a percentage of overall candidates which did not pass.  

Mayor Briden asks if it would it be advisable to give this back to the personnel hearing board.

Solicitor Dias states that it is going to be from everything he can tell the same result. 

Councilman Faria states if they review and want to uphold fine.   

Mayor Briden asks if they are talking about how they review it but in either instance they need legal counsel and could there be questions of law they did not have the benefit of an attorney at that time and in looking at the motion the council could be requesting a de novo or a review of the hearing itself.

Councilman Faria asks who would this independent counsel be?

Mayor Briden states one which the board would retain every time the personnel board hears a matter.  He asks if there is usually one present. 

The City Manager indicates is there not usually.

Councilman Botelho asks Solicitor Dias why the generic term city staff is being used for the error.  Maybe it would be better for the council to hold a special meeting for an executive session so they can get actual names attached because they don't know who did what.

Councilwoman Sousa states they should require the minutes.

Councilman Botelho notes they could call in department heads and have them answer questions so that they can ask them directly and exactly what happens.

Solicitor Dias states that the council is getting into personnel, individuals and their job performance.  They have a right to be noticed individually.

Councilman Botelho states the right to inquire and getting involved in the process are different. 

The City Manager states that about a month ago they inquired from the fire chief but they haven't asked the Human Resource Director.  The chief presented the worst case scenario.  They are behind 3 when he asked before it was much less.  The Chief failed to give the minimum amount if they go now and start in June.  It will be 16 weeks later.  If the state doesn't say they can.

Mayor Briden asks what is the council asking for.   

Councilman Faria states for the board to review everything.   He adds sometimes boards have to make tough decisions.  These are prestigious boards and everyone wants to sit on them. He agrees with his colleagues no one on this council is happy about this.  Sending this back to the personnel review board who have met twice January 10 and January 17 is right.  They know all the facts and all the interpretations of the ordinances so why not ask them to meet a third time.

Mayor Briden notes that before they make that decision do they want to hear the Solicitor’s report?  They should make a request that they hold a meeting and expedite these minutes.  Do they have legal counsel?

City Manager Chapman states that they can choose.

Mayor Briden states that would be beneficial this time with the issues involved.

Councilman Faria agrees and notes he would strongly encourage that as they could clarify their decision and it is upon their discretion.  It is unfair to the council with the news cameras and the entire process it is unfair.

A motion to have the Personnel Hearing Board schedule a meeting to have the minutes approved and at that meeting review the decision with the ability to re-vote and if they decide to request that they hold a de nova hearing or just review what was done is made by Councilman Faria, seconded by Councilman Botelho and on a roll call vote it is unanimous. 

3.      Risho Avenue Extension (by Councilman Botelho)

Councilman Botelho states that Risho Avenue is near Channel 12.  It's a private road and gets used by a vast amount of people.  It never gets plowed and there are large pot holes.  Years ago there was discussion regarding extending Risho to meet Amaral Street.  He would like to ask the DPW Director what happened with this. 

City Manager Chapman states that he believes that road is a substandard road and not a city road.  It is owned by two different people and one of them asked for the city to purchase it and take care of it.  The city did not want to entertain this as it is a substandard maintenance nightmare.

Director Coutu stated that is correct there are two individual owners.  Over the years Risho Avenue stops and it goes back a way and he will have to go way back in the files.  He has been here almost 20 years and it never really was addressed.   

Councilman Botelho asks if he could please find out what happened and if there is a way to connect Risho to Amaral so they don't have to bother the people on the private road. 

4.      Live Nation Update (by Councilman Faria)

5.      Status of Revaluation Lawsuit (by Councilman Faria)

Councilman Faria states the objective is to keep this as cost free as possible.  He wants to get the two parties together and wanted to provide an update however due to the attorney’s vacation schedule this week and he will list it as an update on the next docket.

6.      Status of Fire Test/Personnel Hearing Board Decision (Councilman Faria)

Councilman Faria notes this was already discussed under the previous items. 

7.      Sewer Plant Update (by Councilman Faria)

Councilman Faria states that Barrington has given the city a proposal which has been forwarded to Suez and RIDEM for their review.  Barrington indicates they are ready to move forward with the Bison system Suez previously recommended many months ago.  Since meeting at the State House and since Terry Gray got involved they have they been living up to their obligations. 

The City Manager agrees. 

D.    Reports of Other City Officials

2.      Claims Committee Report (by City Solicitor Greg 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, FEBRUARY 21, 2017; 7:00 P.M.; ROOM 101

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            NEW CLAIMS

TERESA D. LEBEAU           $316.41

RM No. 17-003, Claim No. 17-001

Claim for property damage to vehicle sustained as a result of striking a pothole on Tripps Lane.  See recommendation of the Director of Public Works.

Motion by:  Councilman Botelho                               Seconded by:  Councilman Britto

Motion:  Deny the claim.

VERIZON      Unspecified

RM No. 17-008, Claim No. 17-003

Claim for property damage to a Verizon buried cable sustained while the Water Utilities Division was replacing a fire hydrant on Agnes Street at North Hull Street.  See information submitted by the Director of Public Works.

Motion by:  Councilman Britto                       Seconded by:  Councilman Faria

Motion:  Deny the claim.

CLAIM FOR RECONSIDERATION

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 Britto                                   Seconded by:  Councilman Faria

Motion:  Deny the claim.

SEWER CHARGE ABATEMENTS

JULIE BAILEY         $236.28

Request for a sewer charge abatement for the property located at 1 Bloomfield 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 $236.28.

JONATHAN BAPTISTA      $828.43

Request for a sewer charge abatement for the property located at 9 Thatcher Street in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilman Botelho                               Seconded by:  Councilman Britto

Motion:  Approve the sewer charge abatement in the amount of $828.43.

MARIA BICHO        $102.35

Request for a sewer charge abatement for the property located at 26 Ide Avenue in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilman Faria                                    Seconded by:  Councilman Britto

Motion:  Approve the sewer charge abatement in the amount of $102.35.

EDWARD COX        $615.72

Request for a sewer charge abatement for the property located at 29 Riley Drive in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilman Botelho                               Seconded by:  Councilman Faria

Motion:  Approve the sewer charge abatement in the amount of $615.72.

CHARLENE DeMELLO      $528.95

Request for a sewer charge abatement for the property located at 65 Belmont Avenue 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 $528.95.

CHARLES GOLDEN           $182.58

Request for a sewer charge abatement for the property located at 8 Dartmouth Avenue 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 $182.58.

GARY & KATHY McCUSKER       $784.02

Request for a sewer charge abatement for the property located at 64 Lindy Avenue 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 $784.02.

DENNIS PATRICIO $357.10

Request for a sewer charge abatement for the property located at 321 Ferris Avenue 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 $357.10.

DEBORAH J. PHILLIPS      $52.79

Request for a sewer charge abatement for the property located at 294 Burnside 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 $52.79.

CLAYTON S. SCOTT           $547.74

Request for a sewer charge abatement for the property located at 57-59 Mary Avenue 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 $547.74.

A motion is made by Councilman Faria, seconded by Councilman Britto to adjourn at 7:23 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 Councilman Faria, seconded by Councilwoman Sousa and on a roll call vote it is unanimous. 

E.     Report of School Committee Liaison

F.     Introduction to Ordinances

AN ORDINANCE IN AMENDMENT OF CHAPTER 5 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “FIRE PREVENTION”

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

SECTION I.  Article II entitled “Inspections, Compliance and Violations of Fire Safety Code” of Chapter 5 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Fire Prevention” is amended by deleting therefrom the following:

Sec. 5-51. Zoning certificate required for smoke detector/carbon monoxide inspection appointment.

Prior to any homeowner, realtor, or seller requesting a smoke detector/carbon monoxide detector certificate appointment from the East Providence Fire Department pursuant to R.I.G.L. § 23-28.35-1 et seq., said homeowner, realtor or seller shall first obtain a zoning certificate from the East Providence zoning official and present said certificate to the East Providence Fire Department and any buyer of the subject property prior to or at the closing of the sale.

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: Councilman Botelho and Councilwoman Sousa

Councilwoman Sousa states that it is current practice and complaints about selling properties and the zoning officer comes to evaluate the home and it's already zoned, fire inspections have already take place and there are complaints about some unfair dealings with this with regards to zoning.  They have reviewed other cites and the state and this is not a continuous practice throughout the state.  Due to other inspections already taking place it has been an ongoing issue with this certificate so she asks council to consider removing this ordinance.

Councilman Faria notes he too has also had a variety of complaints.  He asks if any other cities and towns have this.   

Councilman Botelho notes that he looks at it from a real estate perspective and East Providence is the only city that he knows of which requires a zoning certificate before they can order a fire inspection.  No one can understand why they are the only city in RI or MA.  This process has held up and cost closings in other ways to determine whether or not a property is properly zoned i.e. appraisers.  He would like to know doesn't the zoning office speak with the assessor about in law apartments the state law allows them.   

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

Assistant Mayor Britto states that with the City Manager position done he would like it noted that it is behind them now, whether he agrees or disagrees at this point he backs the City Manager and he would like to move forward and get business going. 

X.                ADJOURNMENT

A motion to adjourn at 10:32 P.M. is made by Councilwoman Sousa, seconded by Councilman Faria and on a roll call vote it is unanimous. 

Approved By Council:  March 7, 2017

Attest: _______________

              City Clerk