I.                   EXECUTIVE SESSION

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

A.    New Claims

1.      John & Patricia Dos Reis

2.      Vito J. Scotti

3.      Christine Shepard

4.      Steven, Michelle & Courtney Valcorba

B.     Sewer Charge

1.      Lisa D. Aguiar

2.      Leanne Aldrich

3.      Lucy Botelho

4.      Scott Cordischi

5.      Jose Faustino

6.      Janice Pavao

7.      Manuel Placido

8.      Robert Rego

9.      Audrey Wigginton

C.    Litigation

1.      176 Narragansett Associates, LLC, et al vs. Steven Hazard in his capacity as Tax Assessor of the City of East Providence and the City of East Providence C.A. No. 16-4555

2.      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

D.    Disposition of City Owned Property

1.      Discussion Regarding Union Primary School,  1320 Pawtucket Avenue (Map 503, Block 23, Parcel 9)

II.                CALL TO ORDER

III.             SALUTE TO THE FLAG

IV.             TO APPROVE THE CONSENT CALENDAR

V.                LICENSES REQUIRING PUBLIC HEARING

VI.             PUBLIC COMMENT

A.    Thomas C. Riley – Charter Review Commission

VII.          APPOINTMENTS

A.    Assistant City Solicitor (by Councilman Faria)

Robert Craven, 25 Highland Road, Saunderstown (02874)

RESOLVED, that Robert Craven be appointed Assistant City Solicitor to serve for a term of office concurrent with that of the Council and until his/her successor is appointed and qualified.

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

B.     Zoning Board of Review – Alternate – Reappointment (by Mayor Briden)

Gary S. Pascoa, 152 Summit 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. 

C.     Juvenile Hearing Board – Reappointment (by Councilman Botelho)

Rosamaria Pereira, 40 Cumberland Road (02915)

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

D.    Traffic Control (by Councilman Botelho)

Marie Barros, 45 Gerald Stret (02915)

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

E.     East Providence Housing Authority – Reappointment (by Mayor Briden)

John Faria, 20 Rowley Street (02914) (date of appointment December 19, 2016)

VIII.       PUBLIC HEARING – ORDINANCES FINAL PASSAGE

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

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. 

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)

Testifying Against: 

1.      Thomas C. Riley, 3620 Pawtucket Avenue (02915)

This parking arrangement could hurt future businesses locating there.

Director Coutu states that this was a request by former Mayor Rose from his understanding has to do with vehicles exiting Cardorna Street and not being able to see oncoming traffic.  He notes he didn't see cars parked right up to the corner at the time.  The current ordinance reads they cannot park within 10 feet on the corner.  If this passed they would lose two parking spaces in front of what was Casa Brazil which is not there anymore.

Assistant Mayor Britto asked if 10 feet out was sufficient.

Director Coutu stated that the applied ordinance is currently 10 feet and these signs are currently posted on both sides of the intersection and appears to be sufficient.  He notes he also checked with the East Providence Police Department and they have no history of accidents specifically at this location coming out to the traffic. Neither DPW nor EPPD have a history of complaints.  

Mayor Briden asks if he recommends this.

Director Coutu stated he does not see the need.  He has never seen a vehicle parked there.

Assistant Mayor Britto stated that considering there is already a sign posted 10 feet from the corner and there is no history he would like to make a motion to remove.

A motion to deny the Ordinance Final Passage is made by Assistant Mayor Britto, seconded by Councilwoman Sousa and on a roll call vote it is unanimous. 

B.     An ordinance regarding tax payment grace period. 

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

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

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

IX.             LICENSES NOT REQUIRING PUBLIC HEARING

X.                NEW BUSINESS

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

1.      RFP  for the sale of City owned property located at 1320 Pawtucket Avenue (Map 503, Block 23, Parcel 9)(Union Primary School)

The City Manager Reports that the RFP is for Union Primary.  It has had an interesting history since the 1800s. It is a great opportunity.  The Planning Director and he have spoken to have it down also as an option for long term lease but the preference is to sell it and get it back on the tax rolls.  He is asking for approval for the RFP on the property.

Assistant Mayor Britto asked what is it currently being used for.

The City Manager stated it is vacant.

Assistant Mayor Britto asked for how long. 

The City Manager stated a number of years.

Assistant Mayor Britto asked if it costs the City to keep it.

The City Manager responded it does. 

Councilman Botelho states it is a prime piece of property in a high traffic area and it would make a great attorney office or dentist office or anything really and he doesn’t feel the City should miss out on the opportunity.  

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

2.      Presentation for 105-105R Pawtucket Avenue (Map 302, Block 1 Parcel 31 &32)

The City Manager reports this site was the former FRAM property. 

Director Boyle states one of the developers are here.  The individual company has an agreement to purchase.  Aurora Lee is with First Nation Development and they specialize in conversions of old factories.  

Ms. Lee reports they develop these into living space.  They have been looking at East Providence for a while. They are a small company and have been working with Jeanne Boyle for a couple of years and finally came to an agreement.  They are asking for tax breaks allowing for the purchase to be possible to redevelop or recreate the existing property and put on additions and attract young professional with a slightly more mixed use.  There will be some retail space very similar to the Rumford Center, a gym or a coffee shop.

Director Boyle states the property has been vacant for at least 10 years and is owned by a non-profit which never redeveloped it.  They owned this one and a number of others across the country and these have all gone into receivership and this one has become a blight.  It's been boarded up and is an attractive nuisance. They tried in the past and worked with the receiver in the past but due to the condition of the buildings and the property developers were scared away.  Other developers not familiar with redeveloping these types of buildings in this type of condition and they would not take it on.  This team has taken on old mills in Pawtucket and Connecticut and turned them into productive use attracting a lot of young people with market rate housing.  It has been a challenge for the City.  It is a complicated redevelopment and it is on a split lot. A portion is in the Waterfront district and a portion is not.  It will need to go before the Waterfront Commission and public meetings will be held.  It also will have to come back before the City Council to get the property rezoned so that the entire site is in the Waterfront zone.  Many have looked at the property and walked away.  It was built by Walter Gropius who was a modernistic and minimalist and the State Historical Society is excited to have it restored and not demolished.

Assistant Mayor Britto asked if preliminary studies with school and traffic were done. 

Director Boyle stated they will be required to submit this to the Waterfront Commission as well as a fiscal impact statement and the taxes generated.  Typically these generate minimal students.  The Rumford Center has zero students. 

City Manager Chapman asked if their property in Pawtucket has any school age children. 

Ms. Lee responded they have 200 units with no children. She noted they are in the very beginning stages and their moving forward depends on the Council’s approval of the tax-break.

Councilman Botelho stated it was a pleasure to see someone take an interest in a project like this.  It must be difficult to finance.  How do they do this?

Ms. Lee stated they have been doing it for a while and they have established business relationships, banks and private financing. They will be looking to take advantage of things such as tax breaks on multi-family housing and tax stabilization.  These are not high end they are slightly under market rate and generally attract young professionals with good jobs who can afford it.  They generally have studios and one bedroom apartments.  

3.      Payroll Conversion Status

The City Manager stated that the payroll conversation status was commenced a little less than a year ago and they are looking to complete by January 22^nd.  

4.      Status Report Water Department Monthly Billing

The City Manager reported that the company started with the City in June 2015.  Department Heads and staff have been fantastic working with both computer systems.  It hasn't been easy there have been hiccups with the company but they have come on board and done a better job and the City is getting close completion which they estimate to be no later than June 1 to get this running.  They want to notify all customers in advance so that they will not be surprised. They will do leaflet mailers and advertisements.  They will also be able to do online billing.

Councilman Botelho stated this is good news.  The water and sewer bills have been a point of contention.  He asked if it was true that the City hired a clerk who has been working for a year who was hired to do monthly billing.  

The City Manager calls Jim Marvel, the Water Superintendent to the podium.  He states there is a little bit of misconception in that the clerk was hired in anticipation of going to monthly billing but her hiring was getting in on the ground floor.  She is a busy lady.  This is the busiest part.  

Councilman Botelho states he understands they have a city wide fixed network, meter readers, like on the top of City Hall and other buildings and they are operational.

Mr. Marvel states this is true they have been operational for about 8 months now to make monthly billing easier they can read 13000 of 15000 meters from their office right now.  

Councilman Botelho stated he receives a lot of requests for abatements due to excessive water use. 

Mr. Marvel states that with monthly billing this should significantly cut down the amount of time it takes to notice a leak or other issue.  He adds the new water tank in Kent heights has had a substantial delay in completion due to weather and wind however it is coming in on budget though a little late.

5.      Purchase of Portion of Land Located at 165 Rounds Avenue from Covenant Congregational Church

The City Manager reports that the purchase of this piece of property on Rounds Avenue was started a while ago and part of the problem was dealing with laymen trying to do the transaction themselves instead of an attorney which knew how to handle it and the new attorney was very competent and the transaction is now complete.

6.      Status Report Field House Pub Requested by City Council

The City Manager reports that the prior City Council asked to have this on for a status report in 3 months and heard this originally during the month of October.

The Police Chief reported there were 5 calls for service but only one dealt with the Field House Pub itself and it was only in the area around the property.  On November 4^th there were no calls which had to do with Field House Pub.  In December, they did not have to respond to any calls.  They are currently in good standing and have done a good job in the last 3 months.

B.     Council Members

1.      Charter Review Commission (by Mayor Briden)

The Mayor explains that he had put this on the docket and that under public comment one individual discussed reasons why the Council should have one.  If anyone else came here for this purpose the Mayor states they may come up and speak. 

Scott Scienzo of Woodbine Street in Riverside comes to the podium and states that he is in absolute agreement.  What we have listed for Mayor is not close to where it should be.  There is no recall, no salary, no staff, etc… the Charter is fairly outdated. There may be items that need updating and or to be removed.  It should be a hired position.  Interfering in City business is a misdemeanor but there is no way to enforce it.  He would suggest an outside board which reviews if someone on the Council has a complaint lodged against them. There are a few other items such as what is the limit for running, what this the salary, is it more than the City Manager, what is the staff going to look like, is the City Clerk's office going to be flushed out, is there a union etc…

Councilman Botelho stated the thing they need to reflect on is that people voted for the change regarding who should be the CEO.   The legislative body, the Council, can make these changes that everyone is concerned about.  The Council can move this forward it’s not that complicated.  The Council can accomplish everyone's goals with a less laborious process instead of slowing down the vote of the people.  He stated to Mayor Briden that this was approved and there is no requirement in our Charter that it be reviewed. 

Mayor Briden stated the last time a Charter review was done was in 1991 there are other sections other than just Article 3 which may need to be amended.  It's an opportunity to take an inventory.  Department Heads and others working in City Hall a long time can weigh in on how to improve things in the Charter and it can be used as a way to make the City run better and this is routinely done in other cities and towns in the US.  

Councilman Botelho stated that people elected us to make change and get it done.

Councilwoman Sousa stated that what the Mayor is saying is to get a body of people who are passionate for that change.  It will move faster.  The Charter is dated for instance the ordinance just passed regarding the tax grace period.  She added she thinks it's a good idea especially with something as important as having a Mayor elected by the people.  It is very important and it shouldn't be thrown out there.  They certainly have a year and half before the next election and they can have it all laid out in advance.

Councilman Botelho stated he was on the Charter Review Commission in 1991 and he heard the same arguments.  They languished on for it for two years.

Councilwoman Sousa stated this is a different age, the people have spoken, they want accountability and they look to all of us and ask for accountability.  We do need a Charter review and to amend things that need to be amended.  

Councilman Faria stated 1991 was a long time ago and he thinks if he is reading this correctly it would be an unbiased group.  Perhaps looking at New London Connecticut, where they did the switch, would help.

Mayor Briden stated that in 2012-2014 they had examined it as a prerequisite to amending the Charter.  They did do that research and it may have been New London.   He notes he is referring to something that is procedurally different.  The change has already been approved and it was voted on.  He added that what he is referring to is a Commission which goes through and makes it consistent with other cities and towns.  It would be very structured for example 6-8 meetings over 2 months and they issue a final report.  The Council reviews the study and makes a decision as to it and as a result there will be public input and research. Another issue which could be discussed is whether our Charter should require a Charter Commission prior to placing a question on the ballot much like amending the constitution is.  Otherwise it is less involved and with fewer examinations than a traffic ordinance undergoes. He notes he is basing this on research with other cities and towns across the US and this is the norm.  This is just for discussion purposes.  He noted that any other changes would have to go on the ballot in 2019.

2.      Elected Mayor Resolution – Progress Report (by Councilman Botelho)

Discussed earlier on the docket. 

3.      Water Department – Monthly Billing and Efficiency Issues (by Councilman Botelho)

Discussed earlier on the docket. 

4.      Sewer/Water Fees – Ongoing Research (by Councilman Botelho)

Councilman Botelho states the spreadsheet which needs to be filled out are going to wait another couple of weeks due to scheduled vacations.  One thing he found interesting in the RI General Laws under cities and towns 45-6-2.3 is the pretreatment regarding sewer use figuring this law is real Barrington owes us $6 million. 

The City Manager states that he would assume DEM would enforce that.

5.      Traffic Study and School Signs Forbes Street (by Councilman Faria)

Councilman Faria states that he lives off Forbes one street over from the middle school and there are no signs coming right off Route 114 into a 25 mile an hour zone maybe they could revisit this and as they approach the school zone post signs. 

Director Coutu states that he will wait for the traffic study and will work with the East Providence Police Department for counters, speed, volume and traffic and can immediately start signage placement for the curve and school zone.  

6.      Status of the Sewer Violations Sent to Town of Barrington (by Councilman Faria)

Councilman Faria asked for a status and Solicitor Dias provided him with the DEM status, as well as a letter from Town of Barrington and from our City Solicitor to their Town Manager.   The Town of Barrington has until Jan 31^st to respond to the letters.  The Barrington Solicitor did indicate that he was meeting with the Town Manager and would have a response by the end of the week.

Councilman Faria stated this is also a health issue and if it ends up in litigation and the City doesn’t act quickly enough there could be an issue.   There is erosion and decay of the infrastructure.  He is worried once the weather warms up things will be worse.   

The City Manger stated it is not a health issue at this point as determined by DEM and the EPA it is an odor issue. 

Councilman Faria stated it was an issue in the 1980s and still is and the folks in Riverside shouldn't have to have it continue.

Director Coutu stated the treatment has to happen at the source in Barrington. They have looked at it with Suez to see if there is anything they can do on our City’s end to address the situation immediately and back bill Barrington but it is the kind of thing where the chemicals need to be injected at the early stage, at the pumping stations.  He thinks they had an outgoing town manager who agreed to take care of it but didn't address it in a timely fashion and had sticker shock.  The new town manager is now getting up to speed and they have engaged an engineer.

Councilman Botelho stated he feels the City Councils need to meet face to face in a joint meeting to address this.  He suggested they instruct the City Clerk to reach out to the Town Clerk of Barrington.  The sewer agreement goes back to 1973.

The City Manager states he will instruct the City Clerk to set up a public meeting.

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 Councilwoman Sousa and seconded by Councilman Britto to convene in closed session for the purposes of discussing claims & litigation.  Upon a roll call vote:  Councilman Botelho – Aye, Councilman Faria – Aye, Councilwoman Sousa – Aye, Assistant Mayor Britto – Aye, Mayor Briden – Aye, the motion is approved 5-0.

                                    EAST PROVIDENCE CLAIMS COMMITTEE

                                              CLAIMS & LITIGATION REPORT

                              TUESDAY, JANUARY 3, 2017; 7:00 P.M.; ROOM 101

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

                                                                 NEW CLAIMS

JOHN & PATRICIA DOS REIS                                                                                         $495.00

RM No. 16-109, Claim No. 16-056

Claim for reimbursement of expenses associated with the repair of a leaking water service pipe.  See recommendation of the Director of Public Works.

Motion by:  Councilman Botelho                                       Seconded by:  Councilman Britto

Motion:  Deny the claim.

VITO J. SCOTTI                                                                                                                $1,222.80

RM No. 16-108, Claim No. 16-055

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

Book 35                                                                                                                                                                                Page 14

Motion by:  Councilman Botelho                           Seconded by:  Councilwoman Sousa & Councilman Britto

Motion:  Defer the claim for additional information.

CHRISTINE SHEPARD       $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:  Councilwoman Sousa

Motion:  Deny the claim.

STEVEN, MICHELLE & COURTNEY VALCORBA                                            $2,000,000.00

RM No. 12-078, Claim No. 16-057

Claim for assault of a special needs student by another student.  Recommend referral to the insurance carrier and School Department.

Book 35                                                                                                                                                                                Page 15

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

Motion:  Refer the claim to the insurance carrier and School Department.

SEWER CHARGE ABATEMENTS

LISA D. AGUIAR                                                                                                                $171.84

Request for a sewer charge abatement for the property located at 20 Mary Avenue 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 $171.84.

LEANNE ALDRICH                                                                                                             $67.12

Request for a sewer charge abatement for the property located at 3125 Pawtucket Avenue 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 $67.12.

LUCY BOTELHO                                                                                                                $233.92

Request for a sewer charge abatement for the property located at 167 Brightridge Avenue in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilman Britto                              Seconded by:  Councilwoman Sousa & Councilman Britto

Motion:  Approve the sewer charge abatement in the amount of $233.92.

SCOTT CORDISCHI                                                                                                           $182.58

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

Motion by:  Councilwoman Sousa                                      Seconded by:  Councilman Britto

Motion:  Approve the sewer charge abatement in the amount of $182.58.

Book 35                                                                                                                      Page 17

JOSE FAUSTINO      $131.56

Request for a sewer charge abatement for the property located at 50 Temple Drive in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilwoman Sousa                                      Seconded by:  Councilman Britto

Motion:  Approve the sewer charge abatement in the amount of $131.56.

JANICE PAVAO                                                                                                                    $34.10

Request for a sewer charge abatement for the property located at 30 Cotter Street in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilwoman Sousa                                      Seconded by:  Councilman Britto

Motion:  Approve the sewer charge abatement in the amount of $34.10.

MANUEL PLACIDO                                                                                                           $136.50

Request for a sewer charge abatement for the property located at 98 South Blossom Street in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilwoman Sousa                                      Seconded by:  Councilman Britto

Motion:  Approve the sewer charge abatement in the amount of $136.50.

ROBERT REGO                                                                                                                   $606.81

Request for a sewer charge abatement for the property located at 15 Anama Avenue 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 $606.81.

AUDREY WIGGINTON                                                                                                     $347.10

Request for a sewer charge abatement for the property located at 167 Walnut Street in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilwoman Sousa                                      Seconded by:  Councilman Britto

Motion:  Approve the sewer charge abatement in the amount of $347.10.

A motion is made by Councilman Britto, seconded by Councilman Faria and unanimously voted to adjourn at 7:40 p.m.

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

D.    Report of School Committee Liaison

Council takes a 5 minute recess.

E.     Resolutions

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

RESOLUTION REQUESTING LEGISLATIVE RATIFICATION OF THE CHARTER OF THE CITY OF EAST PROVIDENCE AS AMENDED

WHEREAS, on November 8, 2016 the voters of the City of East Providence overwhelmingly approved an amendment to the Home Rule Charter of the City of East Providence which provided that:

ARTICLE III.  MAYOR

3-1       Election; Term of Office

There shall be a Mayor who shall be elected at the City general election for a term of two years and until his/her successor is elected and qualified.  The term of the Mayor shall begin on the first Tuesday after the first Monday in December following said general election.

3-2       Qualifications

The Mayor shall be a legal resident of the City for at least four (4) years next preceding his/her election and a qualified elector of the city.

3-3       Compensation

The Mayor shall receive an annual salary of _________ [fill in] or such other salary that may be prescribed by ordinance; provided that the salary of the Mayor shall not be changed after the filing of nomination papers for the office or during term of office for which the Mayor was elected.

3-4       Chief Executive and Administrative Officer

The Mayor shall be the Chief Executive and Administrative Officer of the City and shall be responsible for the administration and management of all offices, departments and agencies except as may otherwise be provided by this Charter.

3-5       Powers and Duties

(1)        Appoint, and when necessary for the good of the service, remove all officers and employees of the City except as otherwise provided by this Charter and except as he/she may authorize the head of a department or office to appoint and remove subordinates in such department or office;

(2)        Notify the City Council of all appointments, which shall be in writing and filed with the City Clerk within five (5) days of the appointments;

(3) Prepare the annual budget and submit it to the council with recommendations and be responsible for its administration upon approval by the council; 

(4)        Prepare and submit to the City Council within ninety (90) days of the close of the fiscal year a comprehensive annual report of the financial transactions and administrative activities of the City and prepare and make available for distribution to the public within six (6) months of the close of the fiscal an audited complete financial statement on the finances and administrative activities of the City for the preceding year.

(5)        Keep the Council advised of the financial condition and future needs of the City and make such recommendations as may seem to him/her desirable.

(6)        Enforce or cause to be enforced the laws and ordinances of the City of East Providence.

(7)        Recommend to the City Council such measures as he/she may consider necessary and expedient for enactment.

(8)        Negotiate contracts on behalf of the City subject to the approval of the City Council, except as otherwise provided for by the Charter or State Law.

(9)        In the event of a disaster, catastrophe or other similar event the Mayor shall have the power and authority to declare a municipal emergency and to take whatever action he/she deems necessary to protect the health, safety and security of the City and its inhabitants. 

(10)      Supervise, control and direct the activities and operations of all departments and administrative offices of the City within his/her jurisdiction.

(11)      Review all rules and regulations of the various department and administrative offices and only upon his/her approval shall they become effective.

(12)      Perform such other such duties as may be required of him/her by ordinance.

(13)      Be recognized as the official head of the City government for all ceremonial purposes and by the Governor for purposes of Military Law.

3-6       Passage of Ordinances over Veto

No ordinance shall take effect without the approval of the Mayor unless (1) the Mayor shall fail to sign the ordinance or to return it to the Council within ten (10) consecutive days after its passage; or (2) the Council upon immediate reconsideration shall approve the ordinance by the affirmative votes of at least four (4) of its members notwithstanding the disapproval of the Mayor.

3-7       Temporary Absence

In the event of the temporary absence or disability of the Mayor, not exceeding ninety (90) days, the President of the Council shall act as Mayor, for the time being until the Mayor shall return to his/her duties or until his/her disability shall cease.  While serving during the temporary absence of the Mayor, the President of the Council shall not make any appointments or removals other than temporary appointments, until he/she shall have served as Acting Mayor for thirty (30) consecutive days and then only with the consent of the City Council.

3-8       Vacancy

In the event of an absence exceeding ninety (90) days the City Council may declare the office of Mayor vacant.

3-9       Vacancy

In the event of a vacancy of the office of Mayor, if less than six (6) calendar months remains until a regular election and the office of Mayor is declared vacant, the President of the City Council shall act as Mayor.  If the President of the City Council shall resign or be unable to act then the council shall elect by a majority of its members one of its members to serve as Acting Mayor.  If the time between the occurrence of such vacancy and the next municipal election is six (6) months or more the City Clerk shall call a special election in the manner prescribed by State Law to fill such vacancy in the office of Mayor.

WHEREAS, by that vote, said amendment to the Charter has been duly adopted pursuant to Article 13, Section 8 of the Rhode Island Constitution and is now valid and in effect as Article 10, Section 4 of the Home Rule Charter of the City of East Providence; and

WHEREAS, the Home Rule Charter for the City of East Providence was originally adopted by the Town of East Providence in September 1954; and

WHEREAS, since that date, there have been several amendments to the Home Rule Charter, changes in various state laws affecting municipalities, and an amendment to the Constitution for the State of Rhode Island; and

WHEREAS, the City Council for the City of East Providence at this time wishes to seek legislative ratification of the entire Home Rule Charter of the City of East Providence as amended to reaffirm the commitment of the City of East Providence to its Home Rule Charter in all respects.

NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of East Providence requests that the Rhode Island General Assembly ratify the Home Rule Charter of the City of East Providence as amended and by said ratification give effect to, confirm, and validate the Home Rule Charter of the City of East Providence as amended in its entirety.

BE IT FURTHER RESOLVED, that the City Clerk send a copy of this Resolution to the Senators and Representatives of the City of East Providence legislative delegation, the House of Representatives, the Rhode Island Senate, the President of the Rhode Island Senate, the Speaker of the House of Representatives, and the Governor of the State of Rhode Island.

Requested by:  Councilman Britto & Councilman Botelho

Councilman Botelho comments to the Solicitor that in anticipation he hopes this goes smooth. 

He was reading the RI Constitution and it doesn't appear the City needs approval for this.  

Solicitor Dias states that many times there have been legal opinions which have said they do because it becomes an act of the legislature.

Councilman Botelho asked if they should include a term, a partisan primary etc…

Solicitor Dias stated the language in this resolution is exactly as it was approved by the voters if the Council wants to make those proposes they would put another referendum on the ballot.  Adding that in his opinion, that is why it is important to do this now so there are no issues like the four year terms.

XI.             ADJOURNMENT

A motion to Adjourn at 9:47PM is made by Councilman Botelho, seconded by Councilwoman Sousa and on a roll call vote it is unanimous. 

Approved By Council:  January 17, 2017

Attest:  _______________

                 City Clerk