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 motion is made at 7:17PM by Councilman Botelho, seconded by Councilwoman Sousa to go into Executive Session and on a roll call vote it is unanimous. 

A.    New Claims

1.      East Providence Stereo Plus, Inc.

2.      Priscilla Mason

3.      James Miller & Joan Hanrahan-Miller

4.      Michael Pouliot

5.      Frederick Schifino

B.     Claims for Reconsideration

1.      Heather L. Robinson

C.    Sewer Charge Abatements

1.      Kathleen Caffrey

2.      Norma Fernandes

3.      Shirley Gordon

4.      Colleen M. Hussey

5.      Ron Powell

6.      Larissa Sayig

A motion to Adjourn Executive Session at 7:33PM and to reconvene in open session is made by Councilman Faria, seconded by Councilman Botelho and on a roll call vote it is unanimous.

II.                OPEN SESSION

III.             CALL TO ORDER

IV.             SALUTE TO THE FLAG

City Manager Report

1.      Recognition of Fire Fighter Jason Andrade

The Seekonk Chief is present and relates the story from January 13, 2017 at 9:57 P.M. when fire fighter Jason Andrade was off duty and assisted two Seekonk police officers with a crash.  The person had body trauma and breathing issues and he carried the victim to a nearby yard with police and administered CPR just moments before the car became engulfed in flames. 

The Seekonk Police Department Civilian Award was presented and Chief Mace from Seekonk presented him with the Meritorious Award. 

Raymond Massy with the Pawtucket Fire Department Fraternal Order reads a letter from the board of directors adding his name to the list of meritorious award recipients.

Chief Elmasian thanked everyone. 

V.                PUBLIC HEARING

A.    Zoning Map Amendment

Advertised East Providence Post – May 11, 18 and 25 2017

VI.             TO APPROVE THE CONSENT CALENDAR

A.    Letters

VII.          COMMUNICATIONS

VIII.       PUBLIC COMMENT

A.    Scott Scienzo, 58 Woodbine Street, representing Townies for Responsible Government - Muzzling Residents

B.     Daniel Isabel, 75 Catalpa Avenue, representing Townies for Responsible Government as Treasurer– Public Participation

C.     Samantha Burnett, 394 Roger Williams Avenue, member of the ACLU – Public Participation

D.    Jason Desrosiers, 80 Village Green North- Public Participation

E.     David Paparella, 109 North County Street – Water Bills

F.      Deborah Cipalone, 7 Green Street – Public Participation

IX.             APPOINTMENTS

A.    Carousel Park Commission (by Councilman Faria)

Michelle Rhea, Lottie Drive (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. 

B.     Probate Judge appointed to adjudicate one specific matter (by Law Department)

Dean Robinson, 404 New Meadow Road, Barrington

Solicitor Dias explains that Dean Robinson had previously heard testimony on a matter and that the testimony was in excess of 8 hours and ended with the parties just awaiting his decision when the new judge was appointed. Instead of having have the deputy judge hear all the testimony over and have the parties have to repeat the testimony Dean Robinson can just review his notes and have his decision.

 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.

C.     Traffic Control (by Assistant Mayor Britto)

Hildeberto Barbosa

115 Metacomet Ave (02916)

This item was deferred. 

X.                PUBLIC HEARING – ORDINANCES FINAL PASSAGE

A.    AN ORDINANCE IN AMENDMENT OF CHAPTER 10 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “NUISANCES”

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

SECTION I.  Subsection (9) entitled “Loading, unloading, opening boxes” of Section 10-51 entitled “Prohibited; unnecessary noise standard” of Chapter 10 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Nuisances” is amended to read as follows:

(9)  Loading, unloading, deliveries, opening boxes. The creation of an unlawful loud and excessive noise resulting indirectly or directly from any loading, unloading, or delivery to any party that generates sound within or projects sound into a residential use district between the hours of 6:00 p.m. and 7:00 a.m. or any other loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers;

SECTION II.  Subsection (c) entitled “Classification of use districts; Residential, manufacturing, commercial” of Section 10-53 entitled “Decibel provisions” of Chapter 10 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Nuisances” is amended to read as follows:

(c)  Classification of use districts: Residential, manufacturing, commercial. It is unlawful to project directly or indirectly cause a sound or noise, excluding noise emanating from cars, trucks or motorcycles, from one property into another, generated within and/or projected into the boundary of a use district which exceeds either the limiting noise spectra set forth in Table I below, or exceeds the ambient noise level by more than three decibels.

SECTION III.  Subsection (c)(2)(b) of Section 10-53 entitled “Decibel provisions” of Chapter 10 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Nuisances” is amended to read as follows:

b.  The slow meter response of the noise level meter shall be used in order to best determine that the average amplitude or any intermittent or repeated action including but not limited to loading and machinery operation has not exceeded the limiting noise spectra set forth in Table 1.

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

Requested by:  Councilman Britto

1.      Dan Landry, 19 Larchwood Drive (02916) states that he lives behind Cilantro and he has been fighting the banging of the dumpsters early in the morning for a long time.  He is in favor of the ordinance. 

Assistant Solicitor Conley is called to the podium and he explains the travel of the amendments was based on how the decibel was used and that the ordinance creates clarity on enforcements.  Going forward is it being measured where it is being done or where it is being heard so commercial disruption emanating into a residential district would indicate where to put that noise recording devise.  There are no real substantive changes.

Councilwoman Sousa states she had a discussion with Assistant Mayor Britto and Assistant Solicitor Conley and her concern are that if a company is allowed a certain amount of decimals with in that area and not where it reaches, as this is a multi level zoned city she is worried that this can cause an issue and a hardship for businesses.  She notes that the Assistant Mayor has indicated he does not want to cause businesses an issue either.  Residents would have to look at where they are buying their home and base their decision on this.  The time frame is between 7am-6pm in the winter it gets dark early but in the summer the sun is up allowing businesses to be open much later.  This time frame could be hurting a business and she is wondering where do they draw the line.  The issue which had arisen which brought this to the table has been resolved.  Maybe they should do more work regarding testing the decibels.  The city has live nation coming and vendors coming in by the waterfront and they need to look long term not short term.

Assistant Mayor Britto asked Assistant Solicitor Conley as far as the time is concerned is this ordinance any change from what was already on the books. 

Assistant Solicitor Conley states it is not.  It mirrors the current law.

Councilwoman Sousa states it reflects differently as she reads it. 

Assistant Mayor Britto notes it is not that they can't deliver it’s for those that are a nuisance.  It's not a delivery for example of Fritos Lay it's really more when they empty dumpsters and they shaking them and slam them down on the ground at 5:00 A.M.

Councilwoman Sousa states our city lives in close proximity to each other and what is a nuisance to one is not to another.  If they don’t like their neighbor they can cause an issue where one is not.

Mayor Briden notes as he sees it the changes are to make it clear that it matters where the sound is heard and that they are making the wording clearer not really changing it in substance.

Assistant Solicitor Conley states that he would agree.

Councilwoman Sousa states that her concerns are from the ordinance as it exists now not the changes.

Mayor Briden states she can amend the ordinance after this approval to affect the original version.

Councilwoman Sousa adds that everything can be worked out and addressed in those bad situations as they arise and that she has an issue with the ordinance the way it is already.

 A motion to approve the Ordinance for final passage is made by Assistant Mayor Britto, seconded by Councilman Botelho and on a roll call vote the motion passes 4-1 with Councilwoman Sousa voting Nay.

B.  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.  The title of Article VI entitled “Canvassers and Solicitors” of Chapter 8 of the Revised Ordinances of the City of East Providence entitled “Licenses and Business Regulations” is amended to read as follows:

Article VI.  Canvassers and Solicitors

SECTION II.  Sec. 8-116 entitled “Defined” of Article VI entitled “Canvassers and Solicitors” of Chapter 8 of the Revised Ordinances of the City of East Providence entitled “Licenses and Business Regulations” is amended to read as follows:

For the purpose of this chapter, a "canvasser" or "solicitor" shall be defined as any individual, whether a resident of the city or not, traveling either by foot, wagon, automobile, motor truck or any other type of conveyance, from place to place, from house to house or from street to street, taking or attempting to take orders for sale of goods, wares, and merchandise, personal property of any nature whatsoever for future delivery or services to be furnished or performed in the future whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sales or not, or conducting a survey, poll or requesting a signature for any kind of petition, provided that such definition shall include any person who for himself or for another person hires, leases, uses or occupies any building, structure, tent, railroad boxcar, boat, hotel room, lodging house, apartment, shop or any other place within the city for the sole purpose of exhibiting samples and taking orders for future delivery.  Nothing herein shall apply to non-profit, political, civic, religious or charitable organizations.

SECTION III.  Sec. 8-117 entitled “Permit and license required” of Article VI entitled “Canvassers and Solicitors” of Chapter 8 of the Revised Ordinances of the City of East Providence entitled “Licenses and Business Regulations” is amended to read as follows:

Sec. 8-117. Permit and lLicense required.

No person as defined in section 8-116 shall solicit or call from house to house in the city to sell or attempt to sell goods by sample, to take or attempt to take orders for the future delivery of goods, merchandise, wares or any personal property of any nature whatsoever, or to take or attempt to take orders for services to be furnished or performed in the future without first having received a written permit and license therefor in compliance with the provisions of this article.

SECTION IV.  Sec. 8-118 entitled “Application” of Article VI entitled “Canvassers and Solicitors” of Chapter 8 of the Revised Ordinances of the City of East Providence entitled “Licenses and Business Regulations” is amended to read as follows:

(a)  Applicants for a permit and license under this article must file with the city clerk a sworn application, in writing and in duplicate on a form to be furnished by the city clerk, which shall give the following information:

(1)  Name and description of the applicant;

(2)  Permanent home address and full local address of the applicant;

(3)  A brief description of the nature of the business and the goods sold;

(4)  If employed, the name and address of the employer, together with credentials establishing the exact relationship;

(5)  The length of time for which the right to do business is desired;

(6)  The place where the goods or property proposed to be sold or orders taken for the sale thereof are manufactured or produced, where such goods or products are located at the time such application is filed and the proposed method of delivery;

(7)  A photograph of the applicant taken within 60 days immediately prior to the date of the filing of the application, which picture shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner;

(8)  The fingerprints of the applicant and the names of at least two reliable persons of the city or of neighboring cities and towns who will certify as to the applicant's good character and business responsibility as will enable an investigator to properly evaluate such character and business responsibility or, in lieu of the names of references, such other available evidence as to the good character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and business responsibility;

(98) A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation in any state or of any municipal ordinance in Rhode Island, the nature of the offense and the punishment or penalty assessed therefor. Applicant will present a BCI from the Office of the RI Attorney General and attest to no criminal history, if convicted of a felony, or of a misdemeanor involving fraud, a license shall only be issued with approval of the Chief of Police.

(b)  At the time of filing the application, a fee of $3.00 5.00 shall be paid to the city clerk to cover the cost of investigation of the facts stated therein.

SECTION V.  Sec. 8-119 entitled “Investigation of applicant; issuance and denial” of Article VI entitled “Canvassers and Solicitors” of Chapter 8 of the Revised Ordinances of the City of East Providence entitled “Licenses and Business Regulations” is amended to read as follows.

Upon receipt of an application for a permit and license, the original shall be referred to the chief of police, who shall cause such investigation of the applicant's business and moral character to be made as he deems necessary for the protection of the public good.

(1)  If as a result of such investigation the applicant's character or business responsibility is found to be unsatisfactory, the chief of police shall endorse on such application his disapproval and his reasons for the disapproval and shall return such application to the city clerk, who shall notify the applicant that his application is disapproved and that no permit and license will be issued.

(2)  If as a result of such investigation the character and business responsibility of the applicant are found to be satisfactory, the chief of police shall endorse on the application his approval, shall execute a permit addressed to the applicant for the carrying on of the business applied for and shall return such permit along with the application to the city clerk who shall, upon payment of the prescribed license fee, deliver to the applicant his permit and issue a license. Such license shall show the name, address and photograph of such licensee, the class of license issued and the kind of goods to be sold thereunder, the amount of fee paid, the date of issuance and length of time the same shall be operative, as well as the license number and other identifying description of any vehicle used in such soliciting or canvassing and shall contain the signature and seal of the issuing officer. The clerk shall keep a permanent record of all licenses issued and which business the licenses are associated with.

SECTION VI.  Subsection (a) of Sec. 8-120 entitled “Fees” of Article VI entitled “Canvassers and Solicitors” of Chapter 8 of the Revised Ordinances of the City of East Providence entitled “Licenses and Business Regulations” is amended to read as follows:

(a)     The license fee which shall be charged by the city clerk for canvasser's or a solicitor's license shall be $50.00 $2.00 for the first month or any part thereof, $0.50 for each additional month or $5.00 per year.

SECTION VII.  Sec. 8-121 entitled “Term” of Article VI entitled “Canvassers and Solicitors” of Chapter 8 of the Revised Ordinances of the City of East Providence entitled “Licenses and Business Regulations” is amended to read as follows:

All annual licenses issued under the provisions of this article shall expire on December 31 in the year when issued. All licenses other than annual licenses shall expire on the date specified in the license.

SECTION VIII.  Sec. 8-122 entitled “Exhibition” of Article VI entitled “Canvassers and Solicitors” of Chapter 8 of the Revised Ordinances of the City of East Providence entitled “Licenses and Business Regulations” is amended to read as follows:

Solicitors and canvassers shall be required to exhibit their licenses at the request of any citizen city resident.

SECTION IX.  Sec. 8-123 entitled “Hours permitted” of Article VI entitled “Canvassers and Solicitors” of Chapter 8 of the Revised Ordinances of the City of East Providence entitled “Licenses and Business Regulations” is amended to read as follows:

It shall be unlawful for any person engaged in soliciting or canvassing as described in section 8-116 to call from house to house, unless invited by the occupant to do so, at any time before the hour of 8:00 a.m. or one-half hour after sunset.

SECTION X.  Sec. 8-124 entitled “Enforcement of chapter” of Article VI entitled “Canvassers and Solicitors” of Chapter 8 of the Revised Ordinances of the City of East Providence entitled “Licenses and Business Regulations” is amended to read as follows:

It shall be the duty of any police officer of the city to require any person seen soliciting or canvassing, and who is not known by such officer to be duly licensed, to produce his solicitor's or canvasser's license and to enforce the provisions of this chapter against any person found to be violating this chapter.

SECTION XI.  Subsection (a) of Sec. 8-126 entitled “Revocation” of Article VI entitled “Canvassers and Solicitors” of Chapter 8 of the Revised Ordinances of the City of East Providence entitled “Licenses and Business Regulations” is amended to read as follows:

(a)  Permits and Licenses issued under the provisions of this article may be revoked by the city manager chief of police after notice and hearing for any of the following causes:

(1)  Fraud, misrepresentation or false statement contained in the application for license;

(2)  Fraud, misrepresentation or false statement made in the course of carrying on his business as solicitor or as canvasser;

(3)  Any violation of this chapter;

(4)  Conviction of any crime felony or misdemeanor involving moral turpitude;

(5)  Conducting the business of soliciting or canvassing in an unorderly and unlawful manner or in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public.

SECTION XII.  Sec. 8-127 entitled “Appeal from denial” of Article VI entitled “Canvassers and Solicitors” of Chapter 8 of the Revised Ordinances of the City of East Providence entitled “Licenses and Business Regulations” is amended to read as follows:

Any person aggrieved by the action of the chief of police or the city clerk in the denial of a permit or license as provided in section 8-119 8-118 shall have the right of appeal to the city council. Such appeal shall be taken by filing with the council, within 14 days after notice of the action complained of has been mailed to such person's last known address a written statement setting forth fully the grounds for appeal. The council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the applicant in the same manner as provided in section 8-126 for notice of hearing on revocation. The decision and order of the city council on such appeal shall be final and conclusive.

SECTION XIII.  Article VI entitled “Canvassers and Solicitors” of Chapter 8 of the Revised Ordinances of the City of East Providence entitled “Licenses and Business Regulations” is amended by adding thereto the following:

Sec 8-128.  Registration of businesses.

Any business that conducts door-to-door soliciting shall register with the City Clerk’s office and shall provide a list of all solicitors operating in the city. The business shall be responsible for ensuring all solicitors acting on behalf of the company, whether an employee or contractor, is licensed. The registration cost shall be on the following fee scale and all businesses shall renew registration on an annual basis as defined in section 8-121.

Businesses with five (5) or less solicitors - $100

Businesses with over five (5) and under twenty-five (25) solicitors - $250

Businesses with twenty five (25) or more solicitors - $500

SECTION XIV.  Article VI entitled “Canvassers and Solicitors” of Chapter 8 of the Revised Ordinances of the City of East Providence entitled “Licenses and Business Regulations” is amended by adding thereto the following:

Sec 8-129. Penalties for non-compliance.

(a)     Anyone engaging in door-to-door solicitation without a license or who is non-compliant with the allowed timeframe or other rules established herein shall be subject to the following penalties:

First offense - $100

All subsequent offenses - $250 to $500 fine and up to 30 days in jail.

(b)     Any business failing to register or registers but does not disclose all door-to-door solicitors working on their behalf or who uses unlicensed solicitors shall be subject to the following penalties:

First offense - $100

All subsequent offenses – minimum of $250 to a maximum of $500 fine and loss of right to operate door-to-door solicitation in the city.

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

Requested by:  Councilman Faria

Councilman Faria requests the City Clerk read the memo submitted in support by the Chief of Police who could not be present tonight. 

Solicitor Dias states that it is legally sound.

Councilman Botelho asks if it will require those soliciting to wear a badge.

Solicitor Dias states it will. 

Councilman Botelho tells a story regarding his mother and father who are in their 80s who were visited by a very aggressive solicitor selling solar power and the person was told 3 times they were not interested and the solicitor wanted to take a picture of their electric bill.  He is glad to see that they will need to carry an official badge stating they are approved by the city.  

Assistant Mayor Britto told of a similar situation from an energy company who was extremely aggressive to the point of putting a foot in the door when his wife and children were home and answered the door and he supports this as well.   Noting it is an unfortunate situation what is happening to the elderly and added a story about an elderly woman who is in her late 80’s two houses down who had a solicitor walk into her home into her basement and she was scared and ran out.

Councilman Faria stated that few years ago a man showed up selling beef at wholesale and they asked why he picked their house and he said because of the new car in the driveway.  He later found out this person was indicted for breaking into houses he was casing it.

Councilman Botelho made note of the highly publicized cases of solicitors going to elderly people’s homes to seal coat their driveway and then charge them thousands of dollars, adding that they are a long way from fuller brush salesman years ago.  

1.      Jason Desrosiers, 80 Village Green North (02915) states that Councilman Faria had  brought this to his attention when someone came to his Mom’s house from Direct Energy and they were very pushy and it was very concerning.  He is in favor of the ordinance. 

2.      Scott Scienzo, 58 Woodbine  Street (02915) asked if this would affect non-profits or political groups. 

The Solicitor responds it will not affect non-profits, religious or political groups. 

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. 

XI.             LICENSES NOT REQUIRING PUBLIC HEARING

XII.          NEW BUSINESS

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

1.      Placement of 3 new Fire Trucks in Service

2.      Recreation Lunch Programs at Summer Parks

Diane Sullivan, Recreation Director spoke about the free lunch program.  It is administered up to age 18 and is funded by the federal government. All the youth have to do is show up.  It is a worthwhile program and is needed.  East Providence is one of the 25 sponsoring agencies which coordinate the program and can access over 200 sites in communities around Rhode Island along with getting meals out they want to grow and add more sites. This year Elmer Pina assisted and a new participant Trinity Tabernacle will have staff at Onna Muniz John Park this summer.  There are 3 sites this year.  The program runs from June 26-August 25 Monday thru Friday from 11:00 A.M.-1:00 P.M. In order to highlight the new location there will be a kickoff at that park on Saturday, June 17^th and she invites council and the City Manager to attend.  There will be representatives from the USDA and some legislators and there will be music, entertainment and lunch from 11:00 A.M. to 2:00 P.M. She gave out invitations to the council and also flyers with the information on the other meal sites.  Both Elmer Pina and the Pastor of Trinity Tabernacle are present.

3.      East Providence Prevention Coalition information

Members of the East Providence Prevention Coalition including the new Director Brittany Dias are present they provide a presentation on tobacco use among youth.  They also explain how the coalition has been consolidated to encompass the East Bay and the benefits of this.  They also wanted to let the Council know that they would still be doing the compliance checks this year. 

The City Manager announces the City has something called q-alert which is a simple solution for residents to report a problem to city officials visiting the website.  There is a button which allows a resident to enter the problem or request.  It is automatically routed to the appropriate department and it also has an app for smart phones which is free to residents.  This streamlined process provides instant access to staff members and problems are emailed.  The City Manager provides the email address.

5. Chevron Informational Plan

Director Boyle is called to the podium to explain the plan.  She states they have done a lot of work on their project on the waterfront as far as land remediation is concerned.  The reason why there is not construction yet was due to discussions regarding the medical office building component which made it a stronger financial project as well as Live Nation.  These items made Chevron think about the northern portion of their project being geared more towards hospitality and entertainment.  They had previously partnered with village on the waterfront and they took a pause and parted ways.  With village on the waterfront construction ready to go forward they decided to re-examine the northern portion of the site.  They met with city officials to get some input on what they are going to be doing.  They did a lot of listening and reviewing of the master planning process and over next few months want to look at the property they have assured the city they are absolutely committed to the project. 

Councilman Botelho asked if the city can get the state involved with the highway ramp.

Director Boyle states they reached a 30 percent design phase with still $5 million left in the earmark.  How to finance the rest has been an ongoing topic.  They are trying to do something with a public private partnership and with the folks at Commerce RI.  They can do the TIF thru income and sales taxes to fund the ramp improvements.  This would especially be important in how to safely get people who want to walk down to the waterfront.

Assistant Mayor Britto asked for a time frame on the Chevron project and Director Boyle stated that they should see some development on Chevron in about 6 months.

B.     Council Members

1.   Mission Statement – Budget 2017-2018 (by Councilman Botelho)

Councilman Botelho states there are differences between his experiences here today and in the 80s.  Today the council gets involved in a lot of minute issues which tie up the process.  He really feels a mission statement is needed. He doesn’t want to surprise the City Manager with what he would like in this budget.  He read from a municipal satisfaction survey and it noted the budget and fiscal statements as well as the condition of city roads is high on the list.  They ought to really begin to direct the resources to these in a tangible way.  He asked what do residents touch every day? They need to look at a budget that fixes all the City’s bad roads.  It's time to give the City Manager budgetary direction.  This is what they are here for.  Over the next 2 years he is asking the City Manager for $5 million dollars for this purpose and is asking the City Manager to find it.  He will not support any budget that puts this on the back burner. As part of phase 2 he is asking the law department to put an ordinance together that when a public utility has to repair a pipe they replace the entire road not just patch it.  He would feel better cutting that car tax check if when he hit the road it looked like the golden highway.

The City Manager notes the legislature in dealing with the car tax legislation has not carved out how East Providence deals with it because East Providence has a different fiscal year. They will come to the council with a plan regarding roads with the DPW Director.

Councilman Botelho states that one big issue is national grid and they need to be made to repair the whole road not just to patch it. 

The City Manager indicates that he has had to repair his car because the state is not fixing Pawtucket Avenue and it’s not on their list until 2024.

2.   National Grid Utility Maintenance-Road Resurfacing Issues (by Councilman Botelho)

This was covered under the previous topic.

3.   Car Taxes (by Councilman Botelho)

This was covered under the previous topic.

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

4.      Ward IV Constituency Issues (by Councilman Faria)

Councilman Faria notes that he agrees with Councilman Botelho on his items. 

He would also like to give DPW thanks for Lottie Street.  The resident notes that in 8 years they have been living there they have had a river when it rained.  The City Manager spoke to Director Coutu and he went out the very next day. They said it would be done by June and it was completed last week.  Another constituent who had a caving in manhole called and it was done the next business day.  He thanked DPW for all their hard work and quick response time. 

Councilman Faria also asked about Riverside Middle School as went attended a play and got a flat tire and the turnaround at the school is a mess.  He showed photos.  He asked what phase the repair of this turnaround is in. 

The City Manager states that he checked it out and went to the Superintendent and it is in their 5 year plan and scheduled for next year to repave. 

Lastly, Councilman Faria states that he wants to thank DPW as it was pouring rain and they were out there all day on Metropolitan Drive pruning even though it’s a state road because the State has not done it in 15-20 years city DPW stepped up and got it done.

5.   Metropolitan Park Drive (by Councilman Faria)

This was covered under the previous topic.  

5.   State Street Update – Invasive Species Mitigation Treatment (by Councilwoman Sousa)

Councilwoman Sousa states that given the rainy season this year it has further been an issue with cutting the invasive species.  DPW has done a great job to trim back and cut back over growth for relief of the water but it is part of a long term plan for greater relief.  Director Coutu came to the podium and noted they had a meeting with the consultant, a biologist, who will be cutting and providing treatment next week.  They will putting together a public information packet for neighbors.  Things really need to dry out and they will probably get started mid to late summer.  

Councilwoman Sousa states that she just wants to let residents know that the city has not dropped the ball and they are aware and plans are in place weather permitting.

6.   Day of Portugal Announcement Reminder (by Councilwoman Sousa)

Councilwoman Sousa announced tomorrow that there will be a flag raising at 11:30 A.M. and all are welcome to attend.  On Saturday at 11:30 A.M. there will be a procession and mini block party at the Weaver Library.

C.    Reports of Other City Officials

1.   Claims Committee Report of May 16, 2017 (by City Solicitor Gregory Dias)

Pursuant to R.I.G.L. § 42-46-5(a)(2), a motion is made by Councilwoman Sousa and seconded by Councilman Britto to convene in closed session for the purposes of discussing claims & litigation.  Upon a roll call vote:  Councilman Botelho – Absent, Assistant Mayor Britto – Aye, Councilman Faria – Absent, Councilwoman Sousa – Aye, Mayor Briden – Aye, the motion is approved 3-0.

                                    EAST PROVIDENCE CLAIMS COMMITTEE

                                              CLAIMS & LITIGATION REPORT

                                   TUESDAY, MAY 16, 2017; 7:00 P.M.; ROOM 101

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                                                                 NEW CLAIMS

ALCIDA CORREIA                                                                                                     $200,000.00

RM No. 17-033, Claim No. 17-019

Claim for personal injuries sustained as a result of a trip and fall on the sidewalk area in front of 216 Warren Avenue.  Recommend referral to the insurance carrier.

Motion by:  Councilman Britto                       Seconded by:  Councilwoman Sousa

Motion:  Refer the claim to the insurance carrier.

RONALD DOREGO                                                                                                            $750.00

RM No. 17-038, Claim No. 17-020

Claim for reimbursement of expenses incurred as a result of a sewer backup due to roots from a City tree.  See recommendation of the Director of Public Works.

Motion by:  Councilman Britto                       Seconded by:  Councilwoman Sousa

Motion:  Approve the claim in the amount of $750.00.

JOSEPH SOUSA       $175.00

RM No. 17-040, Claim No. 17-022

Claim for reimbursement of expenses incurred as a result of a sewer backup due to roots from a City tree.  See recommendation of the Director of Public Works.

Motion by:  Councilman Britto                       Seconded by:  Councilwoman Sousa

Motion:  Approve the claim in the amount of $175.00.

JUNE A. SULLIVAN                                                                                                          $150.00

RM No. 17-032, Claim No. 17-018

Claim for property damage to vehicle tire sustained as a result of driving over chunks of broken pieces of asphalt due to snow plowing operations.  See recommendation of the Director of Public Works.

Motion by:  Councilwoman Sousa                  Seconded by:  Councilman Britto

Motion:  Approve the claim in the amount of $150.00.

WEIXING V. WANG                                                                                                     $11,200.00

RM No. 17-036, Claim No. 17-023

Claim for property damage sustained as a result of a sewer backup.  Recommend referral to the insurance carrier.

Motion by:  Councilman Britto                       Seconded by:  Councilwoman Sousa

Motion:  Refer the claim to the insurance carrier.

SEWER CHARGE ABATEMENTS

K. ERIC CROOK                                                                                                                 $601.44

Request for a sewer charge abatement for the property located at 39 Carousel 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 $601.44.

DEXTER INVESTMENT CORP.                                                                                        $259.15

Request for a sewer charge abatement for the property located at 70 Waterman 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 $259.15.

GORDON SCHOOL                                                                                                         $4,227.58

Request for a sewer charge abatement for the property located at 45 Maxfield 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 $4,227.58.

MARY J. LYONS                                                                                                                 $657.91

Request for a sewer charge abatement for the property located at 41 Greenwood 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 $657.91.

CLAUDIA MEDEIROS                                                                                                      $165.61

Request for a sewer charge abatement for the property located at 104 Brook 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 $165.61.

CAROLINA OLIVEIRA                                                                                                     $193.32

Request for a sewer charge abatement for the property located at 99 Vine 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 $193.32.

A motion is made by Councilman Britto, seconded by Councilwoman Sousa to adjourn at 7:23 p.m. and reconvene in open session.  Upon a roll call vote, the motion is approved 3-0.

A motion to approve the Claims Committee Report from May 16, 2017 is made by Councilman Faria, seconded by Assistant Mayor Britto and on a roll call vote it is unanimous. 

2.   Claims Committee Report of June 6, 2017 (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 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, JUNE 6, 2017; 7:00 P.M.; ROOM 101

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                                                                 NEW CLAIMS

EAST PROVIDENCE STEREO PLUS, INC.                                                                    $545.61

RM No. 17-046, Claim No. 17-024

Claim for property damage to a store front window sustained when a rock flew up while a City crew was stump grinding as part of a sidewalk repair job in front of the business.  See recommendation of the Director of Public Works.

Motion by:  Councilwoman Sousa                  Seconded by:  Councilman Britto

Motion:  Approve the claim in the amount of $545.61.

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:  Councilwoman Sousa

Motion:  Defer the claim.

JAMES MILLER & JOAN HANRAHAN-MILLER          Unspecified

RM No. 17-047, Claim No. 17-025

Claim for damage to claimants’ property sustained during the water tank demolition and construction project.  See recommendation of the Director of Public Works.

Motion by:  Councilman Botelho                   Seconded by:  Councilman Faria

Motion:  Refer the claim to the contractor.

MICHAEL POULIOT                                                                                                            $98.65

RM No. 17-048, Claim No. 17-026

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

Motion by:  Councilman Botelho                   Seconded by:  Councilman Faria

Motion:  Approve the claim in the amount of $98.65.

FREDERICK SCHIFINO                                                                                                    $800.00

RM No. 17-051, Claim No. 17-027

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

Motion by:  Councilman Britto                       Seconded by:  Councilman Botelho

Motion:  Approve the claim in the amount of $201.97.

CLAIM FOR RECONSIDERATION

HEATHER L. ROBINSON                                                                                                 $841.09

RM No. 17-020, Claim No. 17-012

Claim for property damage to claimant’s front driver’s side tire when a fire truck attempted to maneuver between two vehicles that were parked on both sides of Wendell Street.  The Claims Committee voted at its meeting held on April 18, 2017 to approve the claim in the amount of $235.40.  Claimant is asking for reconsideration.

Motion by:  Councilman Faria                        Seconded by:  Councilman Britto

Motion:  Deny the request for reconsideration.

SEWER CHARGE ABATEMENTS

KATHLEEN CAFFREY                                                                                                   $1,750.62

Request for a sewer charge abatement for the property located at 95 Don Avenue 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 $1,750.62.

NORMA FERNANDES                                                                                                         $37.27

Request for a sewer charge abatement for the property located at 62 Wannamoisett Road in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilman Faria                        Seconded by:  Councilman Botelho

Motion:  Approve the sewer charge abatement in the amount of $37.27.

SHIRLEY GORDON                                                                                                        $1,138.44

Request for a sewer charge abatement for the property located at 22 Rich Street in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilman Botelho                   Seconded by:  Councilman Faria

Motion:  Approve the sewer charge abatement in the amount of $1,138.44.

COLLEEN M. HUSSEY                                                                                                      $271.51

Request for a sewer charge abatement for the property located at 2 Peary Street in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilwoman Sousa                  Seconded by:  Councilman Faria

Motion:  Approve the sewer charge abatement in the amount of $271.51.

RON POWELL                                                                                                                     $872.62

Request for a sewer charge abatement for the property located at 123 Providence 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 $872.62.

LARISSA SAYIG     $2,335.95

Request for a sewer charge abatement for the property located at 188-190 Waterman Avenue in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilman Botelho                   Seconded by:  Councilman Faria

Motion:  Defer for additional information.

A motion is made by Councilman Faria, seconded by Councilman Botelho to adjourn at 7:40 p.m. and reconvene in open session.  Upon a roll call vote, the motion is approved 5-0.

A motion to approve the Claims Committee Report from June 6, 2017 is made by Councilman Faria, seconded by Councilwoman Sousa and on a roll call vote it is unanimous. 

3.   Charter Review Commission Report (by Solicitor Gregory Dias and Assistant Solicitor Dylan Conley)

Assistant Solicitor Conley provides a summary of what the tasks are and what was accomplished and what is left to do. Originally the commission was tasked with two items. One was the mayoral form portion of which requires that the remainder of the charter come into conformance. They took a really in depth look at the entirety of charter portions which were out of date with current general laws or Supreme Court rulings. They made it gender neutral and future proofed.  These will also come under the technical amendment section and this has been transmitted to council a few weeks ago and can be accepted by council with a resolution and that would be sufficient under RI constitutional law. The council can approve these changes and can review them if they want.  The substantive changes were the second task. The commission will wrap up on June 15^th.  They have reviewed the entire charter end to end and gone through what can be approved, what is necessary and unnecessary, they have taken expert opinions from different department heads and they will take a vote on what to do with these sections and then this will be presented to the council.  They can review each of those and unilaterally and are in control of what goes on the ballot for approval by the voters and this may or may not need to be approved by the general assembly depending on the section for example courts and elections.

Mayor Briden asks if what he is saying is the technical amendment as presented to them at their next meeting can be approved by resolution and that would be the first part.  These would bring our charter into conformity to what has already been approved by the voters.  The second topic can be taken up at the next meeting or at a special meeting. He asks if there are issues that would make it wise to have a special election?

Assistant Solicitor Conley states that unlike the original adoption at a general or special election, depending on what they recommend and what the council puts forward.  If the council wants them in place prior to next election then they would need a special election and would need 50-90 days in advance of the election to get the information to the secretary of state.  There are a lot of factors to consider such as when to hold an election and weather can play a role and cause a low turnout.  

Mayor Briden states that he wants to lay out a sufficient amount of time to review and have public input and to give appropriate time to the great work that has been done up until now.  He asks if there are any changes to take into consideration for a special election.

Assistant Solicitor Conley states no there has been no change as to how an election will occur in terms and recalls which would impact on the first two years.  In theory but not addressed is that prior to the election, primaries and general elections are identical.

Mayor Briden states that at the next meeting they will have the technical amendment resolution before them and they could address that.  He notes they also have members of the charter commission here this evening including Chairman Russo and states that if there are any items the council wants to say they can.   He adds the technical amendments will be on the next docket and then an ongoing discussion for the others.

D.    Report of School Committee Liaison

E.     Resolutions

(Amendment to Resolution No. 8 - Adopted June 2, 2015)

1.      RULES OF PROCEDURE OF THE CITY COUNCIL

BE IT RESOLVED, that the following Rules be and they are hereby adopted as the Rules of the City Council of the City of East Providence.

Rule One.  Duties of the Presiding Officer

a.                   The Mayor shall be the presiding officer at all meetings of the City Council.  The Assistant Mayor shall preside in the absence of the Mayor.

b.                  The presiding officer shall preserve order and decorum at all meetings of the City Council.  In the interest of preserving order and decorum, the presiding officer may in his/her discretion limit the remarks of a citizen or his/her attorney to a period of not more than five (5) minutes on any matter, and may also limit the remarks by the public to a period of not more than one (1) hour on any matter.

c.                   The presiding officer may speak in preference to any other member of the City Council and shall, subject to the restrictions imposed by subsection (d) of Rule One, decide all questions of order.

d.                  Any member of the City Council may appeal from the ruling of the presiding officer or the parliamentarian by moving that the presiding officer’s ruling or ruling of the parliamentarian be referred to the members of the City Council who are present.  In the event that such motion is seconded, the presiding officer shall immediately, without debate, put the following motion before the body for consideration:  “Shall the rule of the chair be sustained?” which question shall be decided by a majority vote of the members present.

e.                   The presiding officer shall propound all questions and motions in the order in which they are moved, unless the subsequent motion is previous in nature, as set forth in Rule Five, Section (e).

Rule Two.  Order of Business

a.                   A majority of all of the members of the City Council shall constitute a quorum for the conducting of business.  A smaller number than a majority may adjourn from time to time until a quorum shall be present.  Notice to be given in accordance with the provisions of the City Charter in Article II, Section 8.

b.                  The order of business of each City Council meeting shall be as follows:

I.                   Call to order

II.                Invocation

III.             Salute to the flag

IV.             Consent Calendar

V.                Proclamations & Presentations

VI.             Communications.  Any person who submits a communication to the Council and wishes to speak on it must indicate this in writing no later than 4:00 p.m. the Thursday prior to the next regularly scheduled Council meeting.  A person who lists more than one topic on their communication will be allowed to speak on the first one listed.  Each speaker will be limited to five (5) minutes.  The order of speakers will be on a first come, first serve basis and the maximum time for communications shall be limited to thirty (30) minutes per meeting.

VII.          Public Comment. All persons wishing to make public comment shall sign a public comment sheet stating their name, address, and the subject of their comments.  Said public comment sheet shall be available on a desk at the entrance of the City Hall Chambers no later than forty-five (45) minutes before the call to order of any regularly scheduled council meeting and shall be delivered by the City Clerk to the presiding officer no earlier than five (5) minutes before the call to order of the meeting.  Each speaker will be limited to three (3) minutes.  The order of speakers will be on a first come, first serve basis and the maximum time for public comment shall be limited to thirty (30) minutes per meeting.

VIII.       Appointments.  All Council appointments will appear on the docket under the heading Appointments listing the appointment being made, the name and address of the candidate, and the Council member nominating the candidate.  City Council members will submit the information to the City Clerk no later than Thursday preceding the Council meeting.

IX.             Council Members

X.                Licenses (Requiring Public Hearing and Non-Public Hearings).  All persons wishing to speak on a public hearing matter shall be limited to five (5) minutes.

XI.             Public Hearings.  All persons wishing to speak on a public hearing matter shall be limited to five (5) minutes.

XII.          Continued Business

XIII.       New Business

a.       City Manager’s Report

b.      Reports of Other City Officials

c.       Council Members

d c.  Report of School Committee Liaison

d.      Resolutions.  All resolutions will appear on the docket with the name of the Resolution’s sponsor after having been referred to the Law Department for review.

e.       Introduction of Ordinances.  All ordinances shall appear on the docket after having been referred to the Law Department for review.

c.         At any special meeting called of the City Council, the meeting shall be restricted to the business of the special meeting and no other business shall be considered without the unanimous approval of the City Council.

d.         Council members shall submit items for discussion purposes no later than 4:00 p.m. the Thursday prior to the next regularly scheduled Council meeting.  The docket for all regular meetings shall be prepared and delivered and/or electronically forwarded to each Council member at least 72 hours prior to said meeting.  Any petition requiring a hearing shall be referred to the proper City department for a written report prior to being placed on the docket for discussion or hearing.  Copies of all said petitions shall immediately be forwarded to the City Council.  No matter may be considered at any meeting that is not specifically on the docket (including votes) without the unanimous consent of the City Council.  No petition for rezoning may be withdrawn at any meeting to which it has been assigned for hearing unless such petition is withdrawn at least 72 hours prior to such meeting.  The docket will contain a plain language explanation for all ordinances.

Rule Three. Decorum and Debate

a.         When a motion is under debate, the chair shall receive no other motions except as set forth in Rule Five, Section (f).

b.         Any member desiring to speak shall address the presiding officer and, after his right to speak has been recognized, he shall not be interrupted while speaking except by a call to order or for the correction of a mistake or to yield to another member.  He shall confine his remarks to the question under debate and shall avoid personalities.  No member shall speak more than once on the same question until all other members desiring to speak thereon shall have done so, and in no event shall any member speak more than twice on any question without the permission of the majority of the members of the City Council.  There shall be no conversation among the members while a roll call is being taken, while any paper is being read, or while a question is being stated by the presiding officer.

c.         A roll call vote shall be taken as required by the Charter of the City of East Providence, the ordinances of the City, or at the request of any Council member.

d.         After a roll call vote has been ordered, said roll call shall not be interrupted, delayed or stopped by the presiding officer or any member of the Council for any reason whatsoever including points of order, personal privileges or for a member to explain his vote.  All roll calls shall be taken alphabetically except for the presiding officer who shall vote last.

e.         A motion shall be carried by the affirmative vote of a majority of the Council members voting on the motion and the presiding officer shall declare the passage or defeat of any motion.  In the case of a tie, the motion shall be defeated.

f.          When a vote has been passed, it shall be in order for ay members voting with the majority to move or second the reconsideration thereof not later than the next regular meeting and, when a motion to reconsider has been decided, that vote shall not be reconsidered.

Rule Four. Consent Docket

a.         When the City Manager determines that any item of business requires action by the Council but is of a routine and non-controversial nature, he/she may cause such item to be presented at a regular meeting of the Council as part of the Consent Calendar.

b.         The Consent Calendar shall be introduced by a motion “to approve the Consent Calendar” and shall be considered by the Council as a single item.

c.         There shall be no debate or discussion by any member of the Council regarding any item on the Consent Calendar beyond asking questions for simple clarification.

d.         All items on the Consent Calendar which require public hearings shall be open for hearing simultaneously and the Mayor shall announce or direct the City Clerk to announce the titles of all such items.

e.         On objection by any member of the Council to inclusion of any item on the Consent Calendar, that item shall be removed from the Consent Calendar forthwith.  Such objection may be recorded at any time prior to the taking of a vote on the motion to approve the Consent Calendar.  All such items shall be considered individually in the order in which they were objected to immediately following consideration of the Consent Calendar.

f.          Approval of the motion to approve the Consent Calendar shall be fully equivalent to approval, adoption, or enactment of each motion, resolution, ordinance, or other item of business thereon exactly as if each has been acted upon individually.

Rule Five. Miscellaneous Provisions

a.         The City Clerk shall prepare a docket of the business to be conducted at each meeting of the City Council which shall be delivered and/or electronically forwarded to each council member not less than 72 hours before the meeting of the City Council.  No ordinance, resolution, petition, order or matter of business shall be considered unless notice of the same shall have been given previously in accordance with these rules.  Any additional public hearings concerning a zone change and/or subdivision will require the written consent of a majority of the City Council.

b.         Any reports or communications from any department head, City Manager or otherwise, shall be in writing and copy supplied to each Council member with the docket.

c.         Regular meetings of the City Council shall be held on the first and third Tuesday of each month at 7:30 p.m. in the City Council chamber in City Hall or at such other place as may be designated by a majority of the Council except in the months of July and August when there shall be only one meeting per month on the Tuesday designated by a majority of the City Council.  Amended December 1, 1988 (See Council Journal). Amended November 13, 1989 (See Council Journal).

d.         All meetings of the City Council shall be open to the public and all votes shall be cast in public.

e.         A special meeting of the City Council may be called in accordance with the provisions of Article II, Section 7 of the City Charter at the request of the Mayor or upon written request of three (3) members of the City Council, said request addressed to the City Clerk.  No business shall be considered at said special meeting other than that as set forth in the call of the meeting without the unanimous consent of the City Council.

f.          The order of precedence of motions shall be as follows:

            1.         Fix the time in which to adjourn

            2.         Adjourn

            3.         Recess

            4.         Raise a question of privilege

            5.         Lay on the table

            6.         Suspension of the rules

            7.         Previous question

            8.         Limit debate

            9.         Postpone to a certain time

            10.       Refer to committee or other official

            11.       Amend

            12.       Postpone indefinitely

            13.       Main motion

The above list shall be the order in which motions may be considered.  When any motion is pending before the City Council, any motion before that said motion on this list shall take precedence and be acted upon first and those following shall be out of order.

g.         The following motions shall not be debatable:

            1.         Adjourn

            2.         Recess

            3.         Raise question of privilege

            4.         Lay on the table

            5.         Suspension of the rules

            6.         Previous question

            7.         Limit debate

h.         These rules shall not be altered, amended, suspended or repealed at any time except by an affirmative vote of four-fifths (4/5) of the entire City Council unless docketed 72 hours prior to meeting.

i.          Roberts Rules of Parliamentary Procedure shall prevail in the absence of any specific rule as set forth herein.

j.          The City Solicitor is designated as parliamentarian for the purpose of interpreting these rules of procedure.

k.         In the event that any section of these rules shall be in conflict with the City Charter or ordinances of the City of East Providence, then such rule shall fail, however, those rules which are not in conflict shall remain in full force and effect.

l.          Any member of the public who requests to speak on any docket item that is not part of the Public Hearing section or specifically on the docket will be allowed to speak if approved by unanimous consent of the Council.

m.        The City Council shall adjourn no later than 10:00 p.m.  The Council shall vote each time in order to extend the meeting in 15 minute increments.  Said time increment extensions shall require a super majority vote.  Any business before the City Council not completed by 10:00 p.m. will be tabled to the next available meeting.  The date shall be announced and determined by the Council President.  Waiver of this rule requires a super majority vote.

Requested by:  Councilman Botelho and Councilman Faria

Councilman Botelho reads an email which was sent to the law department.  He states he looked at dockets from 25-30 municipalities and some have no public comment and some have.  He contacted 3 different communities around the country and they explained their process and then asked what East Providence does and they wondered how we get anything done.  He notes what he sent to Solicitor Dias is the rule for San Diego. It was the middle of the road and he reads this.  He adds there is nothing in his request regarding docketed communications or public hearings and he feels if someone going to take the time to submit that then they can answer them.  In the 80s they were here until 1-2 A.M. and there is no intent to stifle communications and he is not sure where the communications and public hearing part came from. 

Councilman Faria notes he contacted Solicitor Dias and asked that the council member items be moved up. He thought Councilman Botelho did it and vise versa which was realized when they met to discuss something sewer rates.

Councilman Faria stated that he contacted the City Clerk on Friday and asked her not to post.  He notes both he and Councilman Botelho were concerned because the resolution was not drafted by the law department with what they had asked for. 

 A motion to approve the Resolution with the following changes there be no limit in articles 6, 10 and 11 is made by Councilwoman Sousa, seconded by Councilman Britto and on a roll call vote the motion passes 4-1 with Mayor Briden voting Nay.

2.      RESOLUTION IN SUPPORT OF NAMING THE NEW SCULPTURE PARK AT WARREN AVENUE AND WATERFRONT DRIVE THE “WATCHEMOKET SCULPTURE GARDEN”

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, in 2016 the East Providence Arts Council received a grant from the RI Foundation to support the creation of a sculpture park on City owned property at the base of the Washington bridge at Warren Avenue and Waterfront Drive; and

WHEREAS, this location is in the heart of the historic Watchemoket Square which was once the civic and commercial center of East Providence; and

WHEREAS, Watchemoket Square is a burgeoning Arts and Entertainment district serving as the home for a comedy club, restaurants, an art studio, bars and live music venues; and

WHEREAS, Watchemoket Square also serves as the gateway to the Waterfront District which is now beginning to flourish as an arts destination with the establishment of the Live Nation/Waterfront Productions music venue at Bold Point; and

WHEREAS, the City recognizes that the arts are a potent tool for redevelopment and community revitalization; and

WHEREAS, the creation of a public arts space at the intersection of the Waterfront District and Watchemoket Square will provide tangible evidence of the City’s commitment to the arts as an economic driver and a contributor to an improved quality of life for our residents; and

WHEREAS, the naming of the new sculpture park as the Watchemoket Sculpture Garden acknowledges the significant role that Watchemoket Square has played in the City’s civic history while recognizing the emerging role that the arts will play in the City’s future revitalization.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of East Providence hereby names the sculpture park located in Watchemoket Square at the intersection of Warren Avenue and Waterfront Drive as Watchemoket Sculpture Garden.

Requested by:  Mayor Briden

Rick Lawson, 19 Plum Road (02915) is present in support.

Jason Desrosiers, 80 Village Green North (029915) congratulates and is in support. 

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

3.   RESOLUTION IN SUPPORT OF S0136 TO REPEAL THE SUNSET PROVISION FOR THE STATE HISTORIC TAX CREDIT PROGRAM

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

WHEREAS, Senate Bill 0136, an Act Relating to Taxation–Historic Preservation Tax Credits 2013 has been introduced in the Rhode Island State Senate; and

WHEREAS, this Act proposes to repeal the June 30, 2017 Sunset provision for the existing Historic Tax Credit program; and

WHEREAS, preservation and renovation of historic structures contribute significantly to the Rhode Island economy by creating thousands of new construction and permanent jobs, generating state and municipal tax revenue, increasing public safety and upgrading the quality of life in communities; and

WHEREAS, the 2013 State Historic Tax Credit program has generated $1.7 billion in private investment in the Rhode Island economy; and

WHEREAS, there are a number of historic structures in East Providence which could benefit from participation in the Historic Tax Credit program, especially in our Waterfront District and in our downtown commercial districts; and

WHEREAS, there are currently 29 projects, including the historic Odd Fellows building in Watchemoket Square, currently on the waiting list for the State Historic Tax Credit Program, representing a collective private investment of more than $200 million; and

WHEREAS, if the Sunset provision is allowed to go through, these projects would lose all opportunity to take advantage of the State Historic Tax Credit Program.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of East Providence respectfully requests that all State Senators, Representatives and the Governor support Senate Bill 0136.

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

Requested by:  Councilwoman Sousa

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

F.     Introduction to Ordinances

1.      AN ORDINANCE IN AMENDMENT OF CHAPTER 17 OF THE  REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “UTILITIES”

SECTION I.  Subsections (a), (b) and (c) of Section 17-183 entitled “Charges to be based upon water consumption; rate” of Chapter 17 of the ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Utilities”  is amended to read as follows:

(a)   The sewer charge imposed in this section shall be based upon a fixed meter charge and the water consumption of the property served either by city water, their own private supplies or both, as measured on an approved type meter.

(b)   The fixed meter charge portion of the sewer charge shall be determined as follows:

Such fee shall be prorated quarterly or monthly for users of city water who are billed on a quarterly or monthly basis.

(c)   Effective November 1, 2011 2018, the water consumption portion of the sewer charge shall be at a rate of $7.78 $7.81 per 100 cubic feet of water used based upon the actual quarterly or monthly meter reading of water consumption less an annual exemption of 3,500 2,800 cubic feet. Such exemption shall be prorated quarterly or monthly for users of city water who are billed on a quarterly or monthly basis.

Effective November 1, 2012, the rate per 100 cubic feet of water will increase to $8.64.

Effective November 1, 2013, the rate per 100 cubic feet of water will increase to $9.63.

Effective November 1, 2014, the rate per 100 cubic feet of water will increase to $10.74.

Effective November 1, 2019, the water consumption portion of the sewer charge shall be at a rate of $7.27 per 100 cubic feet of water used based upon the actual quarterly or monthly meter reading of water consumption less an annual exemption of 2,000 cubic feet. Such exemption shall be prorated quarterly or monthly for users of city water who are billed on a quarterly or monthly basis.

Effective November 1, 2020, the water consumption portion of the sewer charge shall be at a rate of $6.79 per 100 cubic feet of water used based upon the actual quarterly or monthly meter reading of water consumption less an annual exemption of 1,200 cubic feet. Such exemption shall be prorated quarterly or monthly for users of city water who are billed on a quarterly or monthly basis.

The fixed meter charge and water consumption rate portions of the sewer charge may be adjusted as early as November 1, 2013, pursuant to the findings of a new waste water rate study that the city will commission as expeditiously as possible, but no later than 30 days after the passage of this section; to analyze additional sewer charge distribution options, including, but not limited to, split sewer charge based on residential, commercial or industrial usage class. Such sewer charge adjustments shall only be made if the new sewer charge schedule retains coverage required by indentures.

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 Briden

It is decided that no action will be taken at this time.

XIII.       ADJOURNMENT

A motion to Adjourn at 11:33PM is made by Assistant Mayor Britto, seconded by Councilman Botelho and on a roll call vote it is unanimous. 

Approved By Council:  June 20, 2017

Attest:  _______________

                  City Clerk