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).

A.    New Claims

1.      Marilyn Hassell

2.      Albertino Milho

3.      Pure Insurance (Insured:  John Baldwin)

4.      Vito J. Scotti

B.     Sewer Charge Abatements

1.      Joseph Caito

2.      Nicholas E. Curran

3.      Warren J. Edmonds, Jr.

4.      Brian Faria

5.      Marilyn Luther

6.      Robert J. Mansour

7.      Albert P. Norcini

8.      William H. Racca

9.      Paul L. Roberti

10.  Humberto Santos

C.    Litigation

1.   76 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

II.                CALL TO ORDER

Mayor Briden calls the meeting to order at 7:38PM

III.             SALUTE TO THE FLAG

IV.             TO APPROVE THE CONSENT CALENDAR

A.    Letters

V.                PROCLAMATIONS AND PRESENTATIONS

A.    Riverside Renaissance Movement (by Councilman Faria)

Council unanimously approved to move the Fire Department Community Service Award before the Warren Avenue Culvert Presentation. 

B.     East Providence Fire Department recognized for outstanding commitment to Community Service by the Liberty Mutual Insurance Company (by Chief Elmasian)

Jen Bergeron from Liberty Mutual presents the award. 

C.    Warren Avenue Culvert Project Presentation (by Councilwoman Sousa)

David Bachrach and Director Coutu present a power point presentation.  Director Coutu states this was a project initially motivated when a severe storm devastated the surrounding community.  A grant to help mitigate future storms was initiated and the City was successful in gaining a grant for $431,000 and the City pledged an addition $413,000.   The construction project is expensive and it is a design build project.  It is 90 percent completed.  There are two box culverts which will be installed on the sides of the existing culvert.  Warren Avenue through Seekonk has restricted flow and it backs up to the State line. 

The City Manager explains Wayne Barnes is the City’s FEMA person and he is called to the podium.  Wayne states FEMA may be able to go out and take a look at it.  Even when the project is completed the flood maps won't immediately change.  The flood insurance and rates are based on the maps.  What the City can do is to petition FEMA and see if they will re-survey the area.  They tend to do large areas at once and their main focus right now is the coastal areas but they may come out and survey the area.  The City will give it a shot.

The City Manager asks Wayne to explain the 5 % insurance discount. 

Wayne explains any flood insurance holders should be automatically getting a 5% discount on their insurance because of the work the City did to reach out.  The public outreach was done as partly emergency management and there are other things the City is doing to attempt to upgrade so that the City can get a 10% discount in 2018.

Council unanimously agrees to move the Appointments to this location on the docket.

VI.             APPOINTMENTS

A.    Tree Warden (by Mayor Briden)

Ronald Nawrocki, 50 Tanglewood Drive (02915)

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

B.     Canvassing Authority (by Mayor Briden)

Thomas Riley, 3620 Pawtucket Avenue (02915)

Council members Botelho and Britto raise concerns regarding the number of democrats and the seat historically being held by a democrat now being appointed as a republican.

Mayor Briden states he looks at the individual and if they are well qualified for a position regardless of what party they belong to.

Councilman Faria states when he ran he ran for the people all the democrats and all the republican as well as all the independents and he is not going to be controlled by any party or special interest group.  He adds he is a lifelong Democrat and that he ran for 3 democratic ward seats with his family.  However, he votes on the issue and the person and as far as Tom is concerned he believes him to be the most qualified, loyal and honest person for the position.  He has helped the committee tremendously with his knowledge.  This summer he didn’t ask me if I was a democrat or a republican.  Real change happens here on this board no matter who you are or what you know or what party you are affiliated with.  He adds that he doesn’t want anyone to have to face the challenges and biases he went through.

Councilman Botelho stated maybe there are 3 members who were all on the same field with this.  

Councilwoman Sousa stated he didn't ask me so when this is stated it is wrong. 

Councilman Botelho stated if some members are insinuating they are above the fray they are up to their knees in it. He just doesn't understand the reasoning.

Councilwoman Sousa states no party controls her.

Councilman Botelho adds then she should be an independent as a person can't be part of the team sometimes and not part of the team when they don’t want to. 

Councilwoman Sousa states she is an Independent and unaffiliated.

Assistant Mayor Britto states he would like to make a quick comment that back on June 21, 2016 this issue came up with the former Council and it was the same due process that the Council is following today but at that time Mr. Riley spoke out about that the process and that it was not the right way to do it.  So if it wasn't right then why is it right now?

Mayor Briden states he did have the Solicitor review the process and to guide the process and also review the RI General Law and it is his understanding this is the correct way to do it.  

Solicitor Dias states that one list from each party is submitted and according to the City Clerk there is a list submitted from each party and the Mayor nominates and then it is voted on by the Council.  The third pick can pick on the board can be from either party.

A motion to approve the Appointment is made by Councilwoman Sousa, seconded by Councilman Faria and on a roll call vote the motion passes 3-2 with Assistant Mayor Britto and Councilman Botelho voting Nay. 

C.     Traffic Control (by Mayor Briden)

Leonard Russo of 101 Dewey Avenue

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

D.    Traffic Control (by Councilman Faria)

Authur Alarie, 79 Grassy Plain Rd (02915)

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

E.     Traffic Control (by Councilman Faria)

Scott Scienzo, 58 Woodbine Street (02915)

Assistant Mayor Britto states this is the same person who complained about traffic control appointments and was accusing both he and his wife of appointing a specific person because they knew them.  He notes he has no issue approving him but just wanted to make that point. 

Councilman Faria states that he actually called Scott and asked him if he would be interested in being appointed. 

A motion to approve the Appointment is made by Councilwoman Sousa, seconded by Councilman Faria and on a roll call vote the motion passes 4-1 with Councilman Botelho voting Nay. 

F.      Carousel Park Commission (by Councilman Faria)

Christopher Dias, 1 Dels Lane (02915)

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

VII.          COMMUNICATIONS

VIII.       PUBLIC COMMENT

A.    John Pacheco, Carver Road, Burrillville Town Council President – Invenergy

B.     Lorraine Savard, 76 Ennis Street , Central Falls - CREC – Correspondence

C.     Richard Dionne, 230 Benedict Road, Burrillville – Burrillville Conservation Commission - Invenergy

D.    Jason Olkowski, 222 East Avenue, Burrillville – Keep Rhode Island Beautiful

E.     Bruce Rogers, 500 Warren Avenue (02914) – Vice Chair Democratic City Committee – Canvassing Appointment

F.      Jan Luby – Resolution Opposing Power Plant in Burrillville

G.    Jesus Gerez – Flood Project – Wetlands – Street Lights

H.    Augusto Teixeira, 110 Marsh Street (02914) – Flood Project

I.       James Keller, 26 Village Drive (02915) – Burrillville

J.       James LaSalle, 20 Marsh Street (02914) - Flood Project Invasive Species

K.    Thomas Riley, 3620 Pawtucket Avenue (02915) – Canvassing

IX.             PUBLIC HEARING – ORDINANCES FINAL PASSAGE

A.    AN ORDINANCE IN AMENDMENT OF CHAPTER 19 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND 1998, AS AMENDED, ENTITLED “ZONING”

SECTION I.  Section 19-95 entitled “Districts Designated” of Article III entitled “District Regulations” is hereby amended as follows:

Parcel 1.10 on Assessor’s Map 709, Block 2 presently located in an Open Space 1 (O-1) and “Zoning Undesignated” category is hereby changed to be included in an Industrial 2 (I-2) District.

The Zoning Map of the City of East Providence shall be amended accordingly.

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

Requested by:  AAA Northeast

A motion to continue this item to the February 7, 2017 Council Meeting is made by Assistant Mayor Britto, seconded by Councilman Faria and on a roll call vote it is unanimous. 

X.                LICENSES NOT REQUIRING PUBLIC HEARING

XI.             NEW BUSINESS

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

1.      City CDBG Process Presentation

David Bachrach came to the podium and explained that CDBG’s are considered entitlement funds from HUD.  There is a process and formula in planning and administration.  Council has a slightly different role in listening to funding opportunities and how they get allocated.  The general categories are housing, economic development, public services and public facilities.  Each City/Town is mandated to go through an extremely heavy planning process and develop a 5 year consolidated plan involving data collection, research, state and federal agencies and interviews with elected officials.  2017 is the 3rd year in a 5 year process which had already begun.  Each year it is based on advancing the goals of the plan.  Priorities are set are based on data and area research and HUD provides the City with a good amount of that data.  It is to support low income areas, individuals and businesses.  Existing housing stock in the City has a significant amount of single family rentals and 2 and 3 family property owners are the largest part of the housing stock most of which were built over 65 years ago.   There are home owners who can't keep up with the cost of the housing and are on a waiting list.  The program will start July 1 of 2017 and runs until June 30 of 2018.

Assistant Mayor Britto asked how they identify those homes which need assistance.

David responded it is a culmination of a year and a half of work.  It used to be first come first serve but some of these homes have sought other ways to meet the needs.  However the City sees there is a huge amount of need and it is way beyond what the funds can cover and beyond this list.   The City does not advertise as they would quickly become overwhelmed.

The City Manager requests that David send the Council the plan goals from last year as well as all the recommendations. These will have to be back before the Council at the March 21st meeting and will be voted on at the April 7^th meeting.   

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

2.      105 and 105R Pawtucket Avenue, Map 302, Block 1, Parcel 30, 31 & 32– Sale Disbursement Discussion and Authorization Request 

The City Manager reports this is important it is the old Fram property.  This would take a blighted property and increase the value of the surrounding area and of this property itself.  There is a proposed sale disbursement with the seller and buyer and the City is anticipating that is it a $400,000 sale price with the real estate broker and attorney fees, reduced recording costs and transfer tax fee.  The City will receive $360,000 with a split with the City with an estimated $183,650 for the City.  He adds that he is asking the Council to allow him to accept this and to execute redemption deeds as necessary and if the City doesn’t move forward it may lose the sale.

Assistant Mayor Britto asks if this is inclusive to the taxes owed.

The City Manager replies that it would cover the $65,000-$70,000 in liens owed to the City.  They would be reimbursed and the balance would go toward those taxes.

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

3.      City Hall Generator Project Status

The City Manager called Director Coutu to the podium to discuss the City Hall, Senior Center and DPW Generators.  He noted that Wayne Barnes had applied and received a grant and that DPW was included in the capital plan.  These will be handled as concurrent bids to save money.

4.      Industrial and Commercial Water Delinquencies 

The City Manager informed the Council that there will be water shut offs and there are no payment plans allowed.  

5.      January 7, 2017 Snow Storm

The City Manager thanked the DPW, and the Police and Fire departments on the great job that they did.  It was a large amount of snow which had gathered steam and they did a tremendous job.  He added that he also wanted to mention the great police work done in capturing the murder suspect in Texas.   He received a positive email regarding the Fire Department commending firefighters Chris and Nick.   He concluded with thanking those who participated in putting up a wonderful display in lobby on President Obama adding that a large amount of time was put into it and he asked everyone to please take a look at it.  The MLK Celebration is set for January 25th at 6pm in the Council Chambers.  There will be singing, readings and a guest speaker Mr. Jordan Seabury.

6.      Legislative Breakfast Discussion

The City Manager states in the past this was done and if the Council would like they can have the City Clerk send out an invitation to meet with the legislators and the School Committee and at that discussion they can mention any topics the legislators would like to hear about.  

B.     Council Members

1.      Charter Review Commission (by Mayor Briden)

This item was continued.

2.      Economic Development Commission (by Mayor Briden)

Mayor Briden states that if any member of the public is interested in being on the commission please send a letter of interest or resume to the Planning Department care of Jim Moran. 

3.      Ward I Christmas Baskets (by Assistant Mayor Britto)

Assistant Mayor Britto explains families were selected prior to delivery.  He and members of Ward 1 delivered the baskets.  All the families were families in need.  He felt truly blessed to have participated.  He thanked Stephanie Vinateiro who went out and purchased and put together the baskets. 

4.      Public Comment Response (by Councilman Botelho)

Councilman Botelho states that after the appointment of Mr. Riley, who indicated the City’s Democratic Party were a bunch of fascists, if that is his view Mr. Riley should be disqualified and he is requesting this be sent to the Solicitor for review. 

5.      Initial Cityscope Evaluation (by Councilman Botelho)

This item was continued.

6.      Executive Session Protocol (by Councilman Botelho)

Councilman Botelho noted a special meeting can be called by the Mayor or 3 members of the Council adding that Councilman Faria contacted him regarding replacing Mr. Chapman.

Councilman Faria responded to Councilman Botelho with a question of who are we blaming for that? He added the meetings were posted the way they have always been posted though he may agree with what the Law Department stated and that going forward dockets need to be done in a different way.

Solicitor Dias stated that he received the notice after it was posted and didn't want a violation to occur. 

7.      Update on Traffic Study for Forbes Street (by Councilman Faria)

This item was continued.

8.      Street Lights out Rounds Avenue and Beverly Avenue (by Councilman Faria)

This item was continued. 

9.      Status Report Lottie Street Flooding (by Councilman Faria)

This item was continued.

10.  Suez Sewer Plant– Violation Status Town of Barrington (by Councilman Faria)

This item was continued. 

11.  Update on Warren Avenue Runnin River Culvert Project (by Councilwoman Sousa)

This item was deferred.

A motion to continue the meeting an additional 5 minutes is made by Assistant Mayor Britto, seconded by Councilman Faria and on a roll call vote it is unanimous. 

C.    Reports of Other City Officials

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

Pursuant to R.I.G.L. § 42-46-5(a)(2), a motion is made by Councilman Britto and seconded by Councilwoman Sousa 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, JANUARY 17, 2017; 6:45 P.M.; ROOM 101

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

                                                                 NEW CLAIMS

MARILYN HASSELL                                                                                                    $24,181.34

RM No. 13-102, Claim No. 16-058

The claim alleges that the School Department failed to pay the claimant overtime pay in each week in which she worked more than 40 hours for her work as both an administrative assistant during the day and as an administrative assistant for the GED night program.  Recommend referral to the School Department.

Motion by:  Councilwoman Sousa                              Seconded by:  Councilman Britto

Motion:  Refer the claim to the School Department.

ALBERTINO MILHO                                                                                                         $567.10

RM No. 16-112, Claim No. 16-060

Claim for property damage to windows on the claimant’s building sustained as a result of the Parks Division mowing grass at an adjacent park.  See recommendation of the Director of Public Works.

Motion by:  Councilwoman Sousa                              Seconded by:  Councilman Faria

Motion:  Defer the claim for additional information.

PURE INSURANCE $17,190.87

(INSURED: JOHN BALDWIN)

RM No. 16-111, Claim No. 16-059

Claim for property damage sustained to insured’s property allegedly sustained as a result of a leaking water meter.  Recommend referral to insurance carrier.

Motion by:  Councilman Britto                                   Seconded by:  Councilwoman Sousa

Motion:  Refer the claim to the insurance carrier.

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.

Motion by:  Councilman Britto                                   Seconded by:  Councilwoman Sousa

Motion:  Offer to settle the claim in the amount of $404.25.

SEWER CHARGE ABATEMENTS

JOSEPH CAITO                                                                                                                   $181.08

Request for a sewer charge abatement for the property located at 2399 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 $181.08.

NICHOLAS E. CURRAN                                                                                                   $159.86

Request for a sewer charge abatement for the property located at 78 Bishop 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 $159.86.

WARREN J. EDMONDS JR.                                                                                              $127.00

Request for a sewer charge abatement for the property located at 74 Moorland 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 $127.00.

BRIAN FARIA                                                                                                                     $929.65

Request for a sewer charge abatement for the property located at 44 Lunn Street 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 $929.65.

MARILYN LUTHER            $321.23

Request for a sewer charge abatement for the property located at 60 Rice 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 $321.23.

ROBERT J. MANSOUR                                                                                                      $187.95

Request for a sewer charge abatement for the property located at 87 North Hull Street 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 $187.95.

ALBERT P. NORCINI                                                                                                           $83.93

Request for a sewer charge abatement for the property located at 110 Rice 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 $83.93.

WILLIAM H. RACCA          $110.08

Request for a sewer charge abatement for the property located at 2 Primrose 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 $110.08.

PAUL L. ROBERTI                                                                                                             $150.36

Request for a sewer charge abatement for the property located at 61 Cushman 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 $150.36.

HUMBERTO SANTOS                                                                                                     $1,057.67

Request for a sewer charge abatement for the property located at 351 Fort 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 $1,057.67.

A motion is made by Councilman Britto, seconded by Councilman Botelho to adjourn at 8:00 p.m. and reconvene in open session.  Upon a roll call vote, the motion is approved 5-0.

Councilman Faria asked to address something on the docket tonight.  He had an issue in the summer of 2015, in August their water usage was 9000 cubic feet over 5 times their average consumption.  He made a variety of calls every day to City Hall.  The November water consumption was triple the normal consumption.  On March 11, 2016 the City changed out the broken water meter.   I made a variety of phone calls and on July 14th filed a claim and filed to run at the same time.   It’s a crime when anyone has to file a lawsuit in their own City to be heard.  The claim was time stamped July 14^th.  I called every single day to our City Manager and his Secretary can attest to that.  I had a meeting with the then City Manager and came to a partial resolve.  Then he was terminated.  I was told it was just pending the action.  In December after being elected the claim was missing.  It was gone, nowhere to be found.  I had a copy of the original claim which was time stamped and dated July 14^th.  The claim was later found. 

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

D.    Report of School Committee Liaison

There is no report. 

XII.          ADJOURNMENT

A motion to Adjourn at 10:29PM is made by Assistant Mayor Britto, seconded by Councilwoman Sousa and on a roll call vote it is unanimous. 

Approved By Council:  February 7, 2017

Attest:  _______________

                    City Clerk