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CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
July 26, 2017
7:00 P.M.
Council Chambers, City Hall, 145 Taunton Avenue, East Providence, RI 02914
7:00 P.M. Council May Call An Executive Session, Room 101
7:30 P.M. Open Session
I. EXECUTIVE SESSION
The City Council of the City of East Providence may meet in Executive Session pursuant to RI General Laws § 42-46-5 (a)(2).
A. New Claims
1. William Lopez, Jr.
2. Laura McGinn
3. Maryjane H. Ougheltree
4. Peter R. Shank
B. Pending Claims
1. Priscilla Mason
C. Sewer Charge Abatements
1. Beverly Bazar
2. Richard R. Cordeiro, Sr.
3. Maria DaRocha
4. Kimberly DaSilva
5. Angie Lovegrove
6. Weixing V. Wang
II. OPEN SESSION
III. CALL TO ORDER
IV. SALUTE TO THE FLAG
V. TO APPROVE THE CONSENT CALENDAR
A. Letters
1. Notice of New Property Number, 54 Raymond Street (02914), Map 406, Block 03, Parcel 008.10, Zoning R4.
2. Notice of New Property Number, 22 Miles Avenue (02914), Map 305, Block 08, Parcel 005.10, Zoning R4.
3. CRMC July 2017 Calendar.
4. Middle Town Resolution in opposition to H5475 and S0481 an Act Relating to Cities and Towns – Subdivision of Land.
5. Cranston Resolution in support of H6204 an Act Relating to Maintenance of Town Roads and Urging Passage by the General Assembly.
6. North Smithfield Resolution in support of the adoption of legislation that provides reimbursement for cost of the municipal police training academy.
B. Cancellations/Abatements
Year Amount
2017 $25,196.94
Total $25,196.94
C. Alcoholic Beverage Class F
1. Holy Ghost Brotherhood of Charity, 59 Brightridge Avenue (02914), Class Reunion, July 29, 2017, Lidia M. Alves.
2. East Providence Elks Lodge 2337, 60 Berkeley Street (02914), Family Day, August 12, 2017, Marcie Mello.
3. East Providence Elks Lodge 2337, 60 Berkeley Street (02914), Memorial Bike Run Event, September 17, 2017, Marcie Mello.
D. Council Journals
1.Council Journal Regular Meeting June 20, 2017
A motion to approve the Consent Calendar minus item #5 is made by Councilman Botelho, seconded by Assistant Mayor Britto and on a roll call vote it is unanimous.
VI. PROCLAMATIONS AND PRESENTATIONS
A. East Providence Chamber of Commerce 120 Year Anniversary (by Mayor Briden)
VII. PUBLIC COMMENT
There is no Public Comment.
VIII. COUNCIL MEMBERS
A. Proclamation to be presented to The Beach Boys at August 9, 2017 Concert in East Providence (by Mayor Briden)
B. Questions Regarding Budget Reserve Fund (by Councilman Botelho)
Councilman Botelho calls Director Moore to the podium to speak about the Budget Reserve Fund. He asks the Director how the City calculates for the budget reserve fund and capital fund.
Director Moore explains that when the Budget Commission was here the 10% was on the tax levy, the rating agencies look at the fund balance, they don't look at direct aid to schools which is $30 million. Originally, when the Budget Commission first set this up the number was $10 million. They have been slowly moving that up. It’s the City budget plus what the city gives the school out of the tax revenue.
Councilman Botelho asks what definition the City is using of the 3 things he spoke about during the audit, it looked like there was an extra $4 million.
Director Moore states that when the Budget Commission was here they were using a definition that the tax revenue was tax levy and there is more department revenue and money from the State.
Councilman Botelho asks where the records are for the reserve fund.
Director Moore states it was in the miscellaneous government section where the expenses can't exceed 99% they can see the $1 million in the budget each year. It goes over to the reserve fund. It's set aside and then would have to come back into the budget. 3.4 million dollars is the overage in the budget reserve fund. The miscellaneous account contains the enterprise fund, the special revenue funds i.e. grants, capital funds, permanent funds and capital project funds and the money set aside for the special projects ie: playgrounds. Expenditures to be made from the capital fund and how to go about doing it is at budget time. Tthe money which was put in the capital budget was appropriated from the capital projects fund depending on how the year ends. They are supposed to put the 1% away but if it is over in certain areas that money goes in too almost like a revolving fund. They set it aside and bring it back in and spend it.
Assistant Mayor Britto asks if the money the City receives over the budget amount goes into the capital fund and if it is used only for capital projects.
Director Moore explaines that with the water and sewer funds there are certain trusts which need to be set up and they have been discussing setting that up.
Councilman Botelho states that he is looking for money for roads.
Director Moore discusses the capital plan and how the Planning Department works on this plan every year with department heads.
City Manager Chapman notes just to clarify the capital projects last year asked for $1.5 million and each department submits what they want as their capital improvement projects. They submit a list and DPW had submitted a $500,000 line item for roads and worked on 10 roads or so this year and the City took $70,000 from the fire trucks being late and added another $30,000 to that and completed 6 more roads. $200,000 was given to the schools for their needs and this came from that money as well. All of the recommendations came from the Planning Board recommending to the Council and the Council accepting the recommendations. He also provided an update on the legislation requested by Cranston and supported by East Providence regarding when a utility digs up a street to have them replace the entire street and this bill was held for further study. The PUC regulates this and they have looked into it but if they don't change the PUC regulations they can't do this. The roads have been graded good, fair and poor and the cost estimated for each and this will be given to the Council and the Council can decide what they want to do with the funds.
Mayor Briden asks Solicitor Dias for a companion to Cranston’s resolution for the next docket.
C. Ward IV Constituency Issues (by Councilman Faria)
7. Riverside Renaissance – Event Rocking Riverside
Councilman Faria states that he serves as the liaison for the City Council on the Police and Fire Pension Board and also on the Carousel Commission and that he is very humbled to also be on the Riverside Renaissance Committee. It has quickly grown in numbers of supporters and is a great group of intelligent and diligent volunteers. They perform beatification and improvement and they bring the community together. He calls Jason Rafferty to the podium, Jason is the Chair and he states that they are a grassroots collaboration of businesses, restaurants, organizations and public official representatives. Riverside is a vibrant waterfront community and they have recently been working on several projects, they have secured funding for benches, barrels and receptacles as well as a new bus shelter. They are anxiously awaiting these projects and moving forward with decorations which will be done this year. They are holding an event this coming Sunday, it is a concert, an acoustic band called Scarlet and the event will be held at the Yacht Club, 9 Pier Street from 1:00PM-5:00PM there will be food hamburgers and hot dogs and a huge raffle. Candy Seel announces that the library put together a wonderful gift bag and a grill was donated as well as Paw Sox tickets. They we are pre-selling tickets at $15 each children under 12 free this is for admission and food. People can visit www.riversideri.org there are signs in the back if anyone wants to grab one for display.
8. Update on Sewer Plant
Councilman Faria states that the sewer plant inherited the issue of the odors relating to the waste water plant and they made solving the odor issue a priority and it was one of the first things that he as a Councilman put on the docket. They successfully brought Barrington to the table and they have successfully implemented the program and it is a work in progress. In no way did they walk away from it. He was out there just a few days ago with the City Manager and the Director of Public Works. They were there to check the sulfide level readings. It has gotten better and the issue is that in the summer months the flow is slower. There is a good team of officials at the plant and they will have a meeting this Friday about increasing more chemicals when there is a slow flow because it stays in the pipes longer. They will continue to monitor the resolve.
9. Status of Revaluation Lawsuit (by Councilman Faria)
Councilman Faria states that the revaluation matter was one of the very first items he placed on the docket when he took office. He follows up on this on a weekly basis. His objection was not to have a drawn out litigation and he wanted to bring the city assessor, the assistant solicitor and the attorney for the 62 plaintiffs together to review all the assessments and to be in compliance with Rhode Island General Laws and to be accurate. They had a very good meeting and when they adjourned that meeting they scheduled the next meeting in a week or two so that the defense attorney could bring their expert. They have reached out every single week since then, sometimes twice a week to schedule this but have not received a response from their counsel. He would urge them to get a hold of their counsel so they can have the second meeting.
10. Crescent Park Carousel Commission Master Plan Approval for Submission to the State Historic Commission
Councilman Faria calls Chrissy Rossi Chair of the Carousel Commission and David Bachrach City Manager Liaison to the Commission to the podium.
Packets were passed out to Council.
Chrissy Rossi explained what they are looking at is the master plan. She note it’s been 4 years since this was first proposed and the renderings were first done by David Andrade from Stark Architects. The whole commission really fell in love with it and have voted on it for the last 4 years. The RI Historic Preservation Commission has sent it back for draft changes and the Carousel Commission has an easement which was needed. Mr. Lemont signed this easement in 1991 with the Historic Preservation Commission for the sum of $1 which gave away the rights to do what they wanted with the location. While the intent was pure, the Carousel is a monument, a museum and well over 100 years old and it really is a rolling museum. They can't just get parts for it when they break, they have to be milled. Through the years, the Carousel Commission has taken great pains to raise money and receive grants and it is listed as a National Treasure located in the city. After 100 years, a good amount of wear and tear takes place and having something else there takes the wear and tear off the carousel. It also raises some money. They have held public meetings and public comment on this topic.
David Bachrach states they have worked hard on this final rendering. They are requesting that the Council pen a letter stating they are behind the project as a City.
David Bachrach provided a power point presentation on the master plan.
Councilman Faria states several months ago they received the vote to move forward from planning and now are coming back with the master plan to go to the State.
City Manager Chapman notes the big thing is the cost and who pays for it. There will need to be certified operators and insurance. He adds that he looked at the financial impact and this would be more money than the budget would appropriate to the Carousel and those are some of the questions he has.
Chrissy Rossi states it would be purchased with monies raised but they can't get sponsors without the approval from the State as it is in a holding pattern. As far as insurance, it isn't something they have looked at because they have been delayed in getting the approval for it. As long as the master plan is approved then they can work on building it.
Councilwoman Sousa asks if it is for them to approve for the RI Historical Society so that they can then approve and the Carousel Commission can search for funding but not for financial backing from the City?
Chrissy states that is correct. It does nothing but sends your blessing with ours.
Councilman Faria asks if it is the commission which is raising the money.
Chrissy responds that is correct they are not looking to make any burden of the taxpayer with the exception of the repairs to the very old structure. This funds itself and they don't have access to The Trust to find out what insurance costs are. They can sit with Roger Williams Park who has their train, which they did sit with them 4 years ago.
Mayor Briden states t he wants to hear more from the Planning Department and calls acting Director Feather to the podium.
Director Feather states they are deciding on the use and whether or not it is consistent with the master plan and David would be the best to speak on this as he goes to every meeting and worked with every master plan since it started. This is going to the State for review. The Council can vote for the State to take a look at it and for them to determine if it is in conformance and if it preserves the historic environment of the Carousel.
Mayor Briden states assuming that hurdle is cleared does the city and planning look at the plan and traffic patterns etc…
Director Feather states yes as this is a conceptual over view there will need to be landscape and engineering done also. The plans are not scaled out yet and it is just a concept for the State to look at to determine if the usage and location layout is in keeping with the historic integrity of the Carousel.
Councilman Botelho asks if it could be sent by the city without Council action or is this required.
Director Feather states it probably would be best to send it from the Council. The Council could send it to them without taking any action whether approve or deny.
Councilman Botelho asks if it is just a blessing of a conceptual design.
Assistant Mayor Britto states if this is the case they don't need to get into the meat and potatoes right now.
Chrissy states that is correct it is for support only.
Director Feather notes assuming the State comes back with their opinion there is a lot more work which will need to be done, engineering and landscaping and they do not have a price tag on this and any studies would be done at that time.
Chrissy states it ends up being a ping pong game as they get a conceptual approval and then it comes back and goes back to David and the process has been that it is city land and city action and the commission is the city's recommending body. Since last meeting when they presented the plan, the State Historical Commission met them on site and it was presented. The second slide which got rid of the museum was to incorporate the verbal comments of the State Historic Commission who felt it was too prominent and affected the beauty of the Carousel. The Carousel Commission recommended pushing back on the State a little when they gave comments. However, the meeting with the State was informal. Right now the Carousel Commission is asking on behalf of the City to do a formal submit to get back a formal response from the State.
Mayor Briden asks if this is at the state level and they say it is a fine use of land historically etc… at a later date would it be presented to our Planning Board?
David Bachrach responds after that the City has to get to work to look at the details and do its due diligence. It would require Planning Board approval like any other property.
Mayor Briden asked if the City is subject to the zoning requirements etc… even though it is city property.
David Bachrach states the City is exempt from zoning as in the parking around the Weaver House. David adds however it would be a more vibrant park and the community would be happy.
Councilman Faria states he wants to thank Tim as well as the Human Resource Director for implementing and making it a priority to implement an employee handbook. He notes he read this handbook and they revised a lot of old policies and created new policies on harassment and confidentiality and sexual harassment training. He adds one of his very first meetings with the City Manager that this would be his goal and he wants to thank them as well as the City Solicitor who assisted. He notes the policies apply to all boards and commissions.
A motion to approve for support for next phase is made by Councilman Faria, seconded by Assistant Mayor Britto and on a roll call vote it is unanimous.
IX. APPOINTMENTS
A. Economic Development (by Mayor Briden)
Daniel R. Corria, 130 Mayflower 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 is unanimous.
X. PUBLIC HEARING
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. Sec. 19-490 entitled “Historic district commission” of Article X entitled “Historic Area Zoning” of Chapter 19 entitled “Zoning” is hereby amended to read as follows:
(a) The commission shall consist of seven members who are residents of the city. Three members shall be members of the city historic properties designation and study commission, five of which shall be appointed by the city council with one at the recommendation of each council member, the remaining two shall be appointed by the mayor, provided that the initial members serve staggered terms. Four members shall be appointed by the city council and Members should have a demonstrated interest in historic preservation, architectural history, planning, archaeology, historic construction, architecture, or local history. The city council shall have the right to name a council member as an auxiliary member of the commission, appointed by the city council, to sit as an active, non-voting eighth member of the commission.
(b) Appointed members shall serve a period of three years and be eligible for reappointment. If a vacancy occurs on the commission, interim appointments of appointed members shall be made by the city council original appointing authority to complete the unexpired term of such position.
(c) The commission shall organize annually by electing from its membership a chair, vice-chair, and secretary and may adopt rules of procedure deemed necessary in discharging its duties.
SECTION II. Sec. 19-495 entitled “Coordinated review process” of Article X entitled “Historic Area Zoning” of Chapter 19 entitled “Zoning” is hereby amended to read as follows:
Sec. 19-495. Coordinated review process Functions of designation and study transferred.
(a) The purpose of a coordinated review between the city historic properties designation and study commission and the historic district commission shall be to minimize the potential for conflicting opinions on matters related to historic preservation. The historic district commission may request from the city historic properties designation and study commission:
(1) Written reports recommending structures, places, areas, and neighborhoods of a particular historic, aesthetic, architectural, archeological, or cultural significance or value to be designated by the city council as historic districts; and
(2) Requests from the state historical preservation and heritage commission regarding the nomination of historic landmarks to the national register.
The historic properties designation and study commission shall be disbanded and dissolved and the functions, duties and authorities of that commission shall be subsumed into the historic district commission. The historic district commission will have the following added responsibilities.
(a) Conduct a survey of neighborhoods, areas, places, and structures within the city for the purpose of determining those of a particular historic, aesthetic, architectural, archeological, or cultural significance or value and of compiling appropriate descriptions, facts and lists. As part of such survey the commission shall study and make report, in conjunction with and under the direction of the director of survey of the state historic preservation and heritage commission, of the exteriors of buildings, structures, features, sites, objects, and surroundings in the city. All survey and inventory work shall be conducted in accordance with the United States Secretary of the Interior's Standards and Guidelines; Archaeology and Historic Preservation, and shall be done to the satisfaction of the state historic preservation commission. The results of such survey shall be recorded on the historic building data sheet and shall be transmitted to the state historic preservation and heritage commission, along with copies of survey files and maps, and photographic negatives of all inventoried properties within 60 days of the completion of a survey project. In addition, all survey and inventory files shall be made available to the public upon request.
(b) After careful study the commission shall make a written report to the city council which will recommend those structures, places, areas and neighborhoods of a particular historic, aesthetic, architectural, archeological, or cultural significance or value to be designated by the city council respectively as historic landmarks, historic sites.
(c) Compile and maintain a list of designated historic landmarks.
(d) Participate with and respond to the requests of the state historic preservation and heritage commission in the nomination of historic landmarks to the National Register.
(e) The commission shall, as deemed appropriate or at the request of the mayor or city council, conduct a study of the need for the preservation of historic landmarks in the city. Based upon this study, the commission shall make a written report to the city council with recommendations regarding the preservation of historic landmarks. Any such recommendation including, but not limited to, the establishment of a historic zoning district, shall be consistent with any applicable laws of the state, the state historical preservation commission's certified local government program regulations and any applicable federal laws and regulations regarding historic preservation.
SECTION III. This ordinance shall take effect upon passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Councilman Faria
This ordinance was continued to the Council Meeting of August 15, 2017 to allow for advertising.
XI. PUBLIC HEARING - ORDINANCES FINAL PASSAGE
A. AN ORDINANCE IN AMENDMENT OF CHAPTER 11 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “PERSONNEL”
SECTION I. Subsection (b) of Sec. 11-235 entitled “Requirements for service retirement” of Article V entitled “Firemen’s and Policemen’s Pension Fund” of Chapter 11 of the Revised Ordinances of the City of East Providence, 1998, as amended, entitled “Personnel,” is amended to read as follows:
(b) Any member shall be subject to compulsory retirement upon attainment of age 60 62.
SECTION II. This ordinance shall take effect upon second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Councilwoman Sousa
This was deferred at the sponsor’s request.
A motion to defer is made by Councilwoman Sousa, seconded by Councilman Faria and on a roll call vote it is unanimous.
B. AN ORDINANCE IN AMENDMENT OF CHAPTER 2 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “ADMINISTRATION”
SECTION I. Sec. 2-151 entitled “Purpose” of Division 6 entitled “Historic Properties Designation and Study Commission” of Article III entitled “Boards, Committees, Commissions” of Chapter 2 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Administration” is amended to read as follows:
Sec. 2-151. Purpose. Designation and study transferred to historic district commission.
The purpose of this division is to enhance public awareness and interest in those structures, sites, monuments, and neighborhoods which contribute to the historic, aesthetic, architectural, archeological and cultural heritage of the city. The preservation, protection and perpetuation of such structures, sites, monuments and neighborhoods which serve as visible reminders of the history and heritage of the city is hereby declared a public necessity, required in the interest of the prosperity, safety, and welfare of the people of the city.
The functions of the former historic properties designation and study commission shall be exercised by the historic district commission under Chapter 19, Sec. 19-490 through Sec. 19-498. The historic district commission shall be considered the successor organization to the historic properties designation and study commission for legal and continuity purposes.
SECTION II. Secs. 2-152 through 2-156 of Division 6 entitled “Historic Properties Designation and Study Commission” of Article III entitled “Boards, Committees, Commissions” of Chapter 2 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Administration” are deleted in their entirety.
Sec. 2-152. Establishment and composition.
There is hereby established a city historic properties designation and study commission hereinafter referred to as the "commission" which shall consist of 12 qualified members who are residents of the city and who shall be appointed by the city council as follows: One member of the commission shall be a member of the city council and shall serve as the commission's council liaison. One member of the commission shall be an employee of the city from the planning department. The city manager may make a recommendation to the city council regarding the appointment of the commission member from the planning department. Each member of the city council shall appoint two members to the commission from the public. To the extent that such professionals are available within the city the public appointees to the commission should be qualified in the disciplines of architecture, history, architectural history, planning, archeology and other historic preservation related disciplines and should demonstrate an interest, confidence or knowledge in historic preservation.
The members of the commission shall serve terms of three years each, provided that the initial members shall serve staggered terms. The five additional members appointed by the city council in 1994 shall serve terms of three years each provided that for the members first appointed in 1994 shall serve staggered terms. Thereafter, all appointments shall be made for a term of three years. The terms of office of this commission shall continue to any successor commission created by the city council upon the recommendation of this commission based upon this commission's report to the council as hereinafter provided.
Sec. 2-154. Organization; officers; rules; meetings.
(a) The commission shall meet at regular intervals throughout the year, but at no time shall this be less than four times per year.
(b) All meetings of the commission shall be open to the public.
(c) The commission shall keep minutes of its meetings which shall be public records.
(d) The city manager may designate employees of the city to assist the commission in their clerical tasks.
(e) The commission shall elect a chair each year by a majority vote for a one-year term.
Sec. 2-155. Powers and duties.
The commission shall have the following powers and duties:
(1) Conduct a survey of neighborhoods, areas, places, and structures within the city for the purpose of determining those of a particular historic, aesthetic, architectural, archeological, or cultural significance or value and of compiling appropriate descriptions, facts and lists. As part of such survey the commission shall study and make report, in conjunction with and under the direction of the director of survey of the state historic preservation and heritage commission, of the exteriors of buildings, structures, features, sites, objects, and surroundings in the city. All survey and inventory work shall be conducted in accordance with the United States Secretary of the Interior's Standards and Guidelines; Archaeology and Historic Preservation, and shall be done to the satisfaction of the state historic preservation commission. The results of such survey shall be recorded on the historic building data sheet and shall be transmitted to the state historic preservation and heritage commission, along with copies of survey files and maps, and photographic negatives of all inventoried properties within 60 days of the completion of a survey project. In addition, all survey and inventory files shall be made available to the public upon request.
(2) After careful study the commission shall make a written report to the city council which will recommend those structures, places, areas and neighborhoods of a particular historic, aesthetic, architectural, archeological, or cultural significance or value to be designated by the city council respectively as historic landmarks, historic sites.
(3) Compile and maintain a list of designated historic landmarks.
(4) Participate with and respond to the requests of the state historic preservation and heritage commission in the nomination of historic landmarks to the National Register.
(5) The commission shall conduct a study of the need for the preservation of historic landmarks in the city. Based upon this study, the commission shall make a written report to the city council with recommendations regarding the preservation of historic landmarks. Any such recommendation including, but not limited to, the establishment of an historic preservation commission or an historic zoning district, shall be consistent with any applicable laws of the state, the state historical preservation commission's certified local government program regulations and any applicable federal laws and regulations regarding historic preservation. Such report and recommendations shall be made to the city council within six months of the effective date of this division.
Sec. 2-156. Designation of historic landmarks.
(a) Upon the recommendation of the commission, the city council may after giving written notice to the owners and occupants of the affected property and after holding a public hearing, adopt an ordinance designating one or more historic structures, sites or landmarks. Designation of a historic structure, site or landmark shall be based on the following criteria:
(1) Historical, aesthetic, architectural, archeological, and cultural significance.
(2) Suitability for preservation or restoration.
(3) Educational value.
(4) In order for any property to be designated in the ordinance it must meet the criteria established for inclusion in the state register of historic places.
(b) Upon adoption of the ordinance, the owners and occupants of each designated historic landmark shall be given written notification of such designation by the city council.
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 Faria
Councilman Faria states that this is second passage and it is consolidating two boards into one board. This board has been inactive for the last 7 or 8 years. He calls Acting Director Feather to the podium. She states that in January of 2007 the Historic District Commission was created and at that time the Historic Properties Designation and Study Commission at that time thought the two would function together but the district commission has since taken the lead and been very active in designating properties and neighborhoods. The designation and study commission has not met since 2009 and is inactive. This ordinance it cleans up the language. The HDC feels it is a great thing to clean it up and it makes it very clear who is responsible for what and it removes a commission which has not actively met since 2009. Councilman Faria notes that he met with Director Boyle months back and after that drafted the ordinance.
A motion to approve the Ordinance for final passage is made by Councilwoman Sousa, seconded by Councilman Faria and on a roll call vote it is unanimous.
XII. LICENSES NOT REQUIRING PUBLIC HEARING
A. Hawker (90 Day)
Mary Huard-Mello DBA Wonderland of Pearls, 161 Leonard Avenue (02914), Mary Huard-Melo, 161 Leonard Avenue (02914)
Councilman Botelho asks what Ms. Huard-Mello will be selling and she responds jewelry. She further explains that they are oysters which contain a pearl and these are opened and then the pearls are placed in jewelry settings. She will be attending various events and festivals such as Heritage Days.
A motion to approve the license is made by Councilwoman Sousa, seconded by Councilman Faria and on a roll call vote it is unanimous.
B. Vict/Not over 50
Khoasan, LLC DBA Khoasan, 332-334 Warren Avenue, Katchakorn Wirassamee, 720 Fall River Avenue, Seekonk, MA 02771
Mr. Wirassamee explains that this will be a Thai Restaurant.
A motion to approve the license is made by Councilman Faria, seconded by Councilwoman Sousa and on a roll call vote it is unanimous.
C. Vict/Not Over 50
L & B Properties, LLC BDA Overeasy Diner, 467 Willett Avenue (02915), William J. Fontaine, 161 Howard Avenue, Coventry (02816)
Mr. and Mrs. Fontaine came to the podium. Stating they both previously owned a liquor store together and now would like to open a restaurant.
A motion to approve the license is made by Assistant Mayor Britto, seconded by Councilwoman Sousa and on a roll call vote it is unanimous.
D. Kennel
Heidi McNeil DBA Pooch Pawsitive, 10 Fairmount Avenue (02914), Hiedi McNeil, 12 Welfare Street (02914)
Ms. McNeil explains that she has been doing training since 2002 and this will be training and day care and may in the future include boarding.
A motion to approve the license is made by Councilman Faria, seconded by Councilman Botelho and on a roll call vote it is unanimous.
XIII. NEW BUSINESS
A. City Managers Report (by City Manager Timothy
Chapman)
2. Infrastructure Bank Clean Water Refund Savings
The City Manager reports that its $947,000 which will result in savings over the life of bonds. There are 15 more years left.
Councilman Faria notes it is great to acquire a savings over the life of a bond.
2. Sabin Point Drainage Improvements
City Manager Chapman calls City Engineer Erik Skadberg to the podium.
Erik states they are trying to clean up on the upper part of the bay and currently the drainage pipes don't drain properly. This is something they are trying to correct and stay ahead of for when they get significant rains in the fall. In 2014, the City received $47,000 from RI DEM for a watershed grant. Also they received a $100,000 control grant for water quality monitoring and to construct a new feature in the watershed. This is an exciting project for the city and residents in Riverside and those who use the park. Hopefully very soon there will be a beach in upper Narragansett Bay. Matching funds are required however most is in the form of labor and materials the actual dollars are minimal. The water is going to come down the road instead of a catch basin and pipe there will be a grass sediment and a filter area. This is a shallow depression and the water will filter through the sand and perforated pipe system and then to the bay through a catch basin outflow. City employees can do this and complete it and from here there are other water features which are further to the eastern part of the park and then up to Narragansett Avenue which floods when it rains and this will drain within 24 hours. There will be a small depression there.
Councilman Botelho asks about the bathroom feature and if they can look into grant monies for this.
Erik states he will and notes there are sewer lines there already.
3. Municipal Tipping Fee
City Manager Chapman states that for the tipping fee contract they sign and enter into it with the League of Cities and Towns who play an active role to make sure the fee does not increase that much. They will have to incur a 32 per ton increase to 39.50 per ton on July 1, 2017 and then 47 per ton in July 2018.
Assistant Mayor Britto asks what that translates to for tax payers.
Director Coutu comes to the podium and notes that number is for trash, recyclables is zero. The League has fought for the cities and towns to keep that cost back. It results in $100,000 annually budget wise. This year to next year is not going to be big because they had planned for the worse this year.
The City Manager states they encourage residents to please recycle.
Councilwoman Sousa asks if businesses also recycle or is it just residential.
Director Coutu states they only pick up residential. They encourage businesses to recycle and if they want to recycle and if it is in the route they will pick it up. The School and the City do both recycle.
The City Manager announces that water shut offs commence today and he reminds people to pay and if they haven't defaulted in last 3 years they can enter into an agreement with 20% down. They have a high delinquency rate and he thanks the Council for their support.
Councilman Faria asks if a resident is on the list can they still come in to make an agreement. The City Manager states they can but there is a process and this is also listed on the website for a payment plan if they haven't defaulted in 3 years and put 20% down. If a resident gets a red tag they need to pay it within 5 days. This is a notice that the water department will shut the water off. Hardships and elderly should contact Dennis Roy at eBay cap for a possible loan.
City Manager Chapman announces that the RI Secretary of State is celebrating the birth of the nation. He also announces that the City Clerk put together a records workshop which departments attended and the Fire Rescue crew of Riverside received a positive letter thanking them for assistance on a biking accident.
B. Reports of Other City Officials
1.Claims Committee Report (by City Solicitor Gregory Dias)
Pursuant to R.I.G.L. § 42-46-5(a)(2), a motion is made by Councilman Botelho 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, Assistant Mayor Britto – Aye, Councilman Faria – Absent, Councilwoman Sousa – Aye, Mayor Briden – Aye, the motion is approved 4-0.
EAST PROVIDENCE CLAIMS COMMITTEE
CLAIMS & LITIGATION REPORT
TUESDAY, JULY 26, 2017; 7:00 P.M.; ROOM 101
====================================================================
NEW CLAIMS
WILLIAM LOPEZ JR. $526.43
RM No. 15-125, Claim No. 17-036
Claim for property damage to vehicle sustained when a chunk of asphalt shot out from the sweeping mechanism of a City street sweeper. See recommendation of the Director of Public Works.
Motion by: Councilman Botelho Seconded by: Councilman Britto
Motion: Deny the claim.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | √ | | |
LAURA McGINN $500.00
RM No. 14-115, Claim No. 17-031
Claim for reimbursement of claimant’s deductible for the repair of her vehicle that was damaged when a tree limb fell on the vehicle.
Motion by: Councilman Botelho Seconded by: Councilman Britto
Motion: Deny the claim.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | √ | | |
MARYJANE H. OUGHELTREE $169.27
RM No. 17-057, Claim No. 17-033
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: Councilwoman Sousa
Motion: Approve the claim in the amount of $169.27.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | √ | | |
PETER R. SHANK $50.00+Penalties
RM No. 16-097, Claim No. 17-035
Claim for an account credit to the claimant’s water bill. See recommendation of the Director of Public Works.
Motion by: Councilman Botelho Seconded by: Councilman Britto
Motion: Deny the claim.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | √ | | |
PENDING CLAIMS
PRISCILLA MASON $534.00
RM No. 17-052, Claim No. 17-028
Claim for property damage to window sustained as a result of rocks thrown from the Riverside Library property.
Motion by: Councilman Botelho Seconded by: Councilman Britto
Motion: Deny the claim.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | √ | | |
SEWER CHARGE ABATEMENTS
BEVERLY BAZAR $714.10
Request for a sewer charge abatement for the property located at 33 Wood Hollow Lane in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilman Botelho Seconded by: Councilwoman Sousa
Motion: Approve the sewer charge abatement in the amount of $714.10.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | √ | | |
RICHARD R. CORDEIRO, SR. $88.60
Request for a sewer charge abatement for the property located at 80 Burgess Avenue in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilman Botelho Seconded by: Councilwoman Sousa
Motion: Approve the sewer charge abatement in the amount of $88.60.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | √ | | |
MARIA DaROCHA $1,047.15
Request for a sewer charge abatement for the property located at 7 Rachella Court 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 $1,047.15.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | √ | | |
KIMBERLY DaSILVA $271.18
Request for a sewer charge abatement for the property located at 14 Bentley 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 $271.18.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | √ | | |
ANGIE LOVEGROVE $613.25
Request for a sewer charge abatement for the property located at 162 South Rose 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 $613.25.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | √ | | |
WEIXING V. WANG $369.27
Request for a sewer charge abatement for the property located at 71 Vanderland Avenue 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 $369.27.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | √ | | |
A motion is made by Councilman Botelho, seconded by Councilman Britto to adjourn at 7:28 p.m. and reconvene in open session. Upon a roll call vote, the motion is approved.
A motion to approve the Claims Committee Report is made by Councilman Faria, seconded by Councilman Botelho and on a roll call vote it is unanimous.
C. Report of School Committee Liaison
There is no Report.
D. Resolutions
4. RESOLUTION ADOPTING THE TECHNICAL AMENDMENT TO THE CITY CHARTER
A motion to dispense with the reading of the ordinance is made by Councilman Botelho, seconded by Assistant Mayor Britto and on a roll call vote it is unanimous.
WHEREAS, the East Providence City Council, under its authority as the legislative body of the City of East Providence pursuant to Article 13, Section 8 of the Constitution of the State of Rhode Island, hereby accepts the Technical Amendment to the East Providence City Charter as drafted by the East Providence Charter Review Commission; and
WHEREAS, said Technical Amendment, attached hereto, corrects scrivener errors, updates gender specific language to gender neutral language, and brings the Charter into accord with the Rhode Island Constitution and Rhode Island General Laws. Specifically, the Technical Amendment incorporates the language and intent of the Ballot Question approved by the East Providence Electorate in November 2016 effectively converting the Charter to a Mayoral form of government; and
WHEREAS, said Technical Amendment in no way makes any changes to existing legal authority nor does it have any substantive impact on the operations of the government of the City of East Providence beyond that which was approved by the East Providence Electorate in November 2016. If any provision of the Technical Amendment is found to exceed that scope and to have any substantive impact on present legal authority or is found to have any impact on the operations of the government of the City of East Providence, said provision is null and void and shall be struck as an ultra vires legislative action for failure to conform to Article 13, Section 7 of the Rhode Island Constitution.
Requested by: Mayor Briden
Assistant Solicitor Conley states that the Charter Review Commission was tasked with two separate amendments, the technical amend which made no legal changes but just made it confirm to the already existing and controlling laws ie: state controlled dates from primaries, changing male to male and female and codifying the mayoral form of government. These will have no impact and have been future proofed to be automatically enacted.
Councilman Botelho thanked the commission members.
Assistant Mayor Britto notes that he was not in favor at the beginning and he was unable to attend all but one meeting but that he tips his hat to them and the Mayor for doing it and having the charter commission to review this as it was a great effort in a short time and a tremendous amount of work and he thanked them.
Mayor Briden states they will discuss substantive changes and the order to put these on a future docket.
A motion to approve the Resolution is made by Councilwoman Botelho, seconded by Assistant Mayor Britto and on a roll call vote it is unanimous.
5. RESOLUTION IN SUPPORT OF THE FAMILY SERVICE OF RHODE ISLAND
FUNDING APLICATION TO THE STATE’S VICTIM OF CRIME ACT ADVISORY COMMITTEE
A motion to dispense with the reading of the Resolution is made by Assistant Mayor Britto, seconded by Councilwoman Sousa and on a roll call vote it is unanimous.
WHEREAS, Family Service of Rhode Island’s Family Violence Intervention Program, an agency which is celebrating its 125th anniversary, is a vital community resource addressing the trauma that crime victims experience as a consequence of child abuse and other heartbreaking issues; and
WHEREAS, these issues not only affect the victims, but also the lives of their families, friends and the community as a whole; and
WHEREAS, last year, the Family Violence Intervention Program provided nearly 100 East Providence residents with crisis intervention services, access to the Crime Victims Compensation Fund, and linkages to follow up social, legal, and educational services; and
WHEREAS, Family Service of Rhode Island has submitted a funding application to the state’s Victims of Crime Act Advisory Committee for critical funding to enable this program to continue to serve East Providence residents in crisis.
NOW, THEREFORE, BE IT RESOLVED that the East Providence City Council asks the state’s Victim of Crime Act Advisory Committee to approve Family Service of Rhode Island’s application and hereby commends Family Service of Rhode Island for its tireless work caring for East Providence’s most vulnerable residents.
Requested by: Mayor Briden
A motion to approve the Resolution is made by Councilwoman Sousa, seconded by Councilman Botelho and on a roll call vote it is unanimous.
E. Introduction to Ordinances
1. AN ORDINANCE IN AMENDMENT OF CHAPTER 8 OF THE
REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE,
RHODE ISLAND, 1998, AS AMENDED, ENTITLED “LICENSES AND BUSINESS REGULATIONS”
A motion to dispense with the reading of the ordinance is made by Councilman Faria, seconded by Assistant Mayor Britto and on a roll call vote it is unanimous.
SECTION I. Sec. 8-33 entitled “Sale, possession and use of explosives” of Article II entitled “Miscellaneous Business and Occupational Licenses and Permits” of Chapter 8 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Licenses and Business Regulations” is amended to read as follows:
Sec. 8-33. Sale, possession and use of explosives. Bond required for blasting.
Whenever a license or permit is granted to any person from the state fire marshal to conduct sell, possess or use explosives blasting operations in the city, the fees for such license or permit are hereby fixed as follows: the city building inspector or his/her designee may require a bond be given, with a surety company as surety, running to the city in such amount as the building inspector and director of public works deem necessary to indemnify and hold harmless the City and such companies for any and all damages that may occur as a result of the blasting or excavating. Such bond shall not exceed $10,000, and shall in no way limit the liability of such person for any damages caused.
(1) Dealer, annually ..... $50.00
(2) Possessor, annually ..... 25.00
(3) Blasting, per location ..... 50.00
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 Faria
Councilman Faria asks the Solicitor to explain the change. Solicitor Dias explains that State Law now supersedes the City Ordinance regarding permit fees and so the ordinance had to be amended. The City did include in the ordinance the requirement of proof of bond to prevent any damages.
A motion to approve the ordinance for First Passage is made by Councilwoman Sousa, seconded by Councilman Faria and on a roll call vote it is unanimous.
2. AN ORDINANCE IN AMENDMENT OF CHAPTER 8 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “LICENSES AND BUSINESS REGULATIONS”
A motion to dispense with the reading of the Ordinance is made by Councilman Botelho, seconded by Assistant Mayor Britto and on a roll call vote it is unanimous.
SECTION I. Sec. 8-142 of Article VII entitled “Hawkers and Peddlers” of Chapter 8 entitled "Licenses and Business Regulations" of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, is hereby amended by adding thereto the following:
(c) All hawkers/peddlers are required to submit with their application a list of up to ten (10) locations where they propose to stop and remain for any period of time so the police chief and the city council can review and approve the locations before the license is approved. If the hawker/peddler wishes to add locations at a later date, they must appear again in front of the city council for approval by the police chief and the council of the new location(s).
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 Botelho
Solicitor Dias explains that the Chief of Police will approve or deny 10 places which are provided to him by the applicant and then the Council will approve the license with those locations.
Councilman Botelho notes that this is just for hawkers not peddlers and that hawkers will submit a list of 10 locations and upon renewal of that license the 10 places will need to be listed again.
A motion to approve the Ordinance for First Passage with the change striking peddlers in the two locations listed in the ordinance and leaving it just hawkers by Assistant Mayor Britto, seconded by Councilwoman Sousa and on a roll call vote it is unanimous.
XIV. ADJOURNMENT
A motion to Adjourn at 10:16PM is made by Councilwoman Sousa, seconded by Councilman Faria and on a roll call vote it is unanimous.
Approved By Council: August 15, 2017
Attest: _______________
City Clerk