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CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
June 20, 2017
6:45P.M.
Council Chambers, City Hall, 145 Taunton Avenue, East Providence, RI 02914
6:45P.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. Richard Asermely
2. CEI Group, Inc.
3. Richard Silva
B. Sewer Charge Abatements
1. Timothy G. Errington
2. Michael & Janet Papagni
3. Ralph A. Paparella
4. Jenny Pezzullo
5. Geraldo Rodrigues
6. Larissa Sayig
C. Litigation
1. Providence Superior Court Case and Commission for Human Rights matter regarding Kathleen T. Waterbury vs. City of East Providence, Richard Kirby, Paul Lemont and Fire Chief Oscar Elmasian – Status Report
2. Providence Superior Court Case and Commission for Human Rights matter regarding Lita Garrett vs. City of East Providence – Status Report
II. OPEN SESSION
III. CALL TO ORDER
IV. SALUTE TO THE FLAG
V. TO APPROVE THE CONSENT CALENDAR
All items under “CONSENT CALENDAR” are considered to be of a routine and noncontroversial nature by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council member so requests, in which event, the item will be removed from the “CONSENT CALENDAR” and will be considered in its normal sequence on the docket.
A. Letters
1. CRMC Semi Monthly Meeting Agenda.
B. Cancellations/Abatements
| Year | |
| 2017 | $123,391.68 |
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| Total | $123,391.68 |
C. Council Journals
1. Council Journal Regular Meeting June 6, 2017
A motion to approve the Consent Calendar is made by Councilman Botelho, seconded by Assistant Mayor Britto and on a roll call vote it is unanimous.
VI. PROCLAMATIONS AND PRESENTATIONS
A. Proclamation for Planning Director Jeanne Boyle
State of Rhode Island and Providence Plantations
City of East Providence
Proclamation
WHEREAS, We are here today to say farewell and give special recognition and gratitude to Jeanne M. Boyle, to honor her for a distinguished twenty-nine year career with the City of East Providence, twenty-seven years as Director of Planning; and
WHEREAS, Jeanne’s tenacity and attention to detail coupled with her many talents has enabled her to spearhead numerous planning efforts on a multitude of projects in economic development, recreational, cultural and arts opportunities, historic preservation, and transportation improvements City-wide, some of these include; Waterfront Drive, the Tockwotton Home, University Orthopedics, Kettle Point, the Rumford Center, Sabin Point Park, Watchemoket Square, Live Nation, and the designation of historic districts in Riverside; and
WHEREAS, Jeanne was instrumental in the development of the East Providence Waterfront Special Development Districts and Zoning and served as the Commission’s first Executive Director, where her tireless efforts over many years are culminating in the current redevelopment of the City’s waterfront, a place now available for work, living, shopping, and leisure experiences for the residents of East Providence and beyond; and
WHEREAS, Jeanne has been honored by the Rhode Island Chapter of the American Planning Association, Grow Smart Rhode Island, received the prestigious 2014 Robert M. Goodrich Public Service Award from the Rhode Island Public Expenditure Council, serves on the State Planning Council, and the Board of the Rhode Island Resource Recovery Corporation; and
WHEREAS, East Providence is very fortunate for Jeanne’s talent, devotion and vision, and for leaving a legacy that will have a lasting effect for generations.
NOW THEREFORE, I, James Briden, Mayor of the City of East Providence, on behalf of the entire City Council, do hereby extend our sincerest congratulations and gratitude to Jeanne Boyle and wish her success in her future endeavors.
Given under my hand and seal of the City this twentieth day of June, two thousand seventeen.
Director Boyle speaks and notes this is her 64th City Council Meeting. She began in 1988 and came from New York City 29 years ago. She notes she is sad to be leaving but looking forward to new challenges.
B. Recognition of the Boy Scouts of America regarding Earth Day and Arbor Day (by Councilwoman Sousa)
Councilwoman Sousa thanks the scouts and notes how they have all worked together as a team and helped each other. They were excited and eager. Their model is to do their best and they embodied that and she thanks each pack leaders for their help and mentorship.
C. Sax’s Steak and Pizza 15th Year Anniversary (by Councilwoman Sousa )
Councilwoman Sousa notes that this is the owners 15th year and that Sax’s Restaurant will turn 50 next year.
VII. COMMUNICATIONS
A. Tory Jessup, 102 Tryon Avenue requesting to address the Council regarding the 16th Annual Neighborhood Block Party on July 15, 2017 blocking off Tryon Avenue at the corner of Gibbs Street and the corner of Merchant Street and that Estelle Street be blocked at Ferris Avenue.
Assistant Mayor Britto notes that it has been a pleasure to attend this particular block party for the last couple of years and that it is a great community event. They get to meet with and know their neighbors and there are lots of games for the kids and prizes and it’s a great example of a community event.
B. Stephen Tague, 74 Ide Avenue requesting to address the Council regarding a fenced in patio with bar and entertainment subject to zoning approval.
Mr. Tague notes he had spoken to the Zoning Officer Ed Pimentel regarding this idea as well as the Building Inspector Al Quartrucci and they advised him to bring it to the City Council for approval and then to come back to them regarding zoning approval for an outside patio with food, liquor and entertainment for 60-80 people. He notes he also spoke with the Fire Marshall.
C. Jason Desrosiers, 80 Village Green North (02915) requesting to address the Council regarding the treatment of mental illness and disabilities by the Council.
Mr. Desrosiers states he wants to highlight mental health issues and their importance as well as speak about an interaction he had with Assistant Mayor Britto on Facebook. He notes he has been a member of the Association of Parliamentarians for 5 years and his issue arose when things started to get personal regarding his posts about depression. It is his choice to talk about a personal subject not Mr. Britto’s to inform people about it. There is a stigma associated with depression and he hopes that his discussion will help others who are suffering and help others to understand this better. 15 million adults every day in the United States suffer from depression. He was recently diagnosed with being on the Autism spectrum for Asperger’s. Depression is paralyzing and the other side of depression is anxiety. He is asking the Councilman to heed his own advice and see what he has become and advises him to take stock of criticism. They need to learn from this and become stronger by it.
Assistant Mayor Britto states it is unfortunate that it came to this. As he has said time and time again he doesn’t regularly go on social media and for someone in the forefront of East Providence politics who is constantly demoralizing those serving to use the fact that he is depressed is wrong. Noting Mr. Desrosier’s put it out there. Assistant Mayor Britto notes that he has a family history of depression and he has told his wife to stop going back and forth with Mr. Desrosiers. He saw that Mr. Desrosiers is constantly belittling people on social media. If he wants to badger people or be a keyboard warrior or hero it’s wrong as he comes to the council meetings and has a nice conversation here and then goes on social media and does the opposite and now wants to hide behind the depression card when things don't go his way. He deletes those messages he doesn’t like and this really has nothing to do with depression. These are personal attacks and he responded as he had just had it because a bully will keep doing it. Mr. Desrosier continues with this childish behavior. He did it consistently and he fights with someone constantly on social media. He seems to think I want to run for mayor and it is a tactic. He has seen other council members go through this and is not going to be one of them. He has a family history of depression and he doesn't need to be told about it but it doesn't give Mr. Desrosier a license to do what he did. He adds it's not his personality to stand there and take it. He thanked the Mayor for sticking up for him and notes that members of the Council have feelings too.
VIII. PUBLIC COMMENT
A. Police Chief Christopher Parella, 750 Waterman Avenue (02014) – Follow Up on Supreme Court Appeal
B. Tom Riley, 3620 Pawtucket Avenue (02915) – Water - Sewer
Councilman Botelho states that he is still working on the water bills and working with the City Manager and the Director of Finance.
Councilman Faria notes that he spent 4 out of last 5 days sitting with the Finance Director making sure they require all the data and are not rushing into anything.
C. Jim Vincent, 577 Scituate Avenue, Cranston, President, NAACP Providence Branch – Hiring Diversity in the City
The City Manager states that he sat with Mr. Vincent regarding more minorities applying for positions and asked for his help with recruiting. Each time he sends him the posting and he has only received one back. He then calls both the Police Chief, the Fire Chief and the IT Director to the podium and asked for details regarding diversity. Police Chief Parella states they are pretty close to 22% of the department consisting of women and minorities and that below the rank of sergeant it was about 25%. He notes they utilize the Affirmative Action Officer and Human Resources is very involved and they have been very successful.
The City Manager states that he takes it very personal. He been here 10 months and has been trying to work with Mr. Vincent to get more minorities to apply.
Chief Elmasian noted that they conducted two academies. They have successfully recruited and hired minorities and have lessened the requirements and made the ease of attaining EMT prior the academy. He is starting to work very closely with the Affirmative Action Officer and they are doing better and will continue to do better they just need to get people to apply.
IT Director Kelly Ahrens states that two of the six information specialists are Affirmative Action and they are very diverse in the IT Department.
D. Virginia Neve Gonsolves, 129 North Hull Street (02014) – Water Bills
The City manager asks if they had contacted the Water Department as they will walk him back to their August bill of 2016. They have not raised the water or sewer rates and they can look at the meter to see if there is something wrong.
E. Nicholas Oliver, Hartford Avenue (02915) – High School Construction Plan Status
Councilman Botelho notes he is a member of the Building Committee and the meetings are open to the public and posted. Given building a new school is a very state regulated process the actually building of it is quite a way down the road.
Mayor Briden notes that for clarification sake they didn’t make the decision not to hold the joint meeting he reached out to the school committee chair who spoke with the school committee regarding whether or not they felt it was a good time to meet.
IX. APPOINTMENTS
A. Traffic Control (by Councilwoman Sousa)
William Mirandi
11 Chedell Avenue (02914)
A motion to approve the Appointment is made by Councilwoman Sousa, seconded by Councilman Faria and on a roll call vote it is unanimous.
B. Traffic Control (by Councilwoman Sousa)
Donna Barboza, 129 Walnut Street (02914)
A motion to approve the Appointment is made by Councilwoman Sousa, seconded by Councilman Botelho and on a roll call vote it is unanimous.
C. Veterans Advisory Committee (by Councilman Botelho)
Henry Sanchez - 880 Veterans Memorial Parkway.
A motion to approve the Appointment is made by Councilman Botelho, seconded by Councilwoman Sousa and on a roll call vote it is unanimous.
D. Traffic Control (by Councilman Faria)
Sean M. Feeney, 22 Lindy Avenue (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.
X. Council Members
1. Hawkers and Peddlers Licenses (by Councilman Botelho)
Councilman Botelho states they have an issue with this license as the charter states there needs to be a list of streets submitted by the Chief of Police for Council approval and this apparently does not exist right now when they apply. The City needs to have an address when Council approves to know where they are approving peddlers to peddle their wares. He doesn’t feel the Council should approve hawkers and peddlers until this is resolved.
2. Pawtucket Avenue/Wampanoag Trail Intersection – Code enforcement issues and update. (by Councilman Botelho)
Councilman Botelho notes he put this on the docket to let people know that the intersection has not been forgotten. It is a vacant lot which is constantly overgrown. There are boarded up houses and it is not a pleasant setting. He is working with the city administration to find out what they can do about it. He has cut the island grass himself because they can't get the state to do it. He has asked the Planning Department to get involved and asked what the status of the Cumberland Farms development is.
The City manager states Cumberland Farms will be back in the fall for approvals and they are moving forward. He will reach out to them regarding their construction schedule.
Councilwoman Sousa states regarding properties which are negligent, isn't it the housing authority who sends a notice to them and isn’t there a minimum housing inspector who drives around doing this?
The City Manager states yes that via complaints or by his view the minimum housing inspector sends out letters of violation. It is required by ordinance that 2 violation letters are sent followed by a municipal housing court hearing. They can actually send someone out to cut the lawn and then bill the property owner. People can use Q-Alert to report a problem or call minimum housing directly.
3. Employee Hiring Practices (by Councilman Faria)
Solicitor Dias cautions regarding the charter on employee discussions.
Councilman Faria states he is inquiry only which is allowed. He calls the Human Resource Director to the podium and asks her a few questions regarding how many years she has been the director and she responds 4 years. He asks when she was hired and she responds February 1, 2013. He asks once someone is offered a job and certified could she walk him through the movement from that point. She responds they come in and fill out their paperwork adding that when she first started there were physicals required as well as a drug test/toxicology screens. He then asks if medical files can be obtained via APRA requests.
Solicitor Dias cautions Councilman Faria on the questioning. Councilman Faria states that he can inquire.
Councilman Botelho also states that Council can ask anyone a question.
Mayor Briden notes that when the solicitor raises a concern it is one that they should be concerned about.
Councilman Botelho states they have the right to ask questions in a public forum just like Congress and the General Assembly. Adding that Councilman Faria did not mention any individuals.
Councilman Faria asks if the toxicology tests are no longer required and Director Waterbury responds that is correct.
Mayor Briden calls a 5 minute break.
Solicitor Dias states that regarding the Charter, Council should be speaking to the City Manager when dealing with subordinates except for the purposes of inquiry.
Councilman Faria states that his purpose was inquiry only. He notes he has just two more questions as the last response was regarding APRA and if those would go to the law department even HIPPA.
The City Manager states that he would like to defer this to the law department.
Councilman Faria asks if the employees of the building are required to sign confidentiality agreements. Director Waterbury states not currently. He asks if there are currently any concerns regarding sensitive information being leaked from the building.
The City Manager states this question is not appropriate.
Solicitor Dias states to Councilman Faria that he is opening the city to liability.
Councilman Faria states he is simply asking the Human Resource Director if she has any concerns.
4. Ward IV Constituency Issues (by Councilman Faria)
Councilman Faria thanks all those who have contacted him with concerns and issues. He notes it’s been a pleasure assisting and solving problems adding that he’s gotten to know many personally and truly enjoy monitoring the issues to their resolve. He asks residents to continue to contact him. They can email him. He thanks the City Manager and DPW. He gives a reminder to all residents regarding the meeting at Riverside Middle School on June 22nd, this Thursday at 7:00PM for informational purposes as he wants to know resident’s thoughts as nothing will be proposed until they hear resident’s thoughts regarding the potential development of the old Platt Waters elementary school. This meeting was advertised in the Post on the city’s website and elsewhere.
5. Recognition for those who participated in East Providence Day of Portugal (by Councilwoman Sousa)
Councilwoman Sousa states the Day of Portugal was held June 7 and 10 it was a two day, two part event. It was a wonderful turnout for the flag raising ceremony, the city clerk assisted with the correspondence and Tony, Ed and Fernando were instrumental with the set up and clean up. She thanks the City Manager for holding a couple of meetings to facilitate the police fire and public works departments. Honored guests attended, there was a representative from Senator Reed’s office, Senator DaPonte, the Central Fall Police Department, Mayor Briden, Councilman Faria, Assistant Mayor Britto, Mrs. Melo the Portuguese Club Advisor and five students. Pastries and appetizers, a procession and gathering at the Weaver Library, the police honor guard, fire engine, police cruisers, all Mobil towing, Stereo Plus, Jordan's Liquors, the Riviera Restaurant and dancers.
Councilman Faria notes what a great event and it was and how Councilwoman Sousa did a great job doing it all by herself without a committee and she did all the cooking for the flag raising.
XI. LICENSES REQUIRING PUBLIC HEARING
A. B – Full Privilege Vict
The Burrito Bowl, LLC, 809 Broadway, (02914), Hipolita Thimas, 213 Paradis Avenue, Woonsocket (02895)
William Thimas is also present. They note they are in the process of getting all their permits and inspections done.
A motion to approve the License 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. Holiday Sales
Phantom Fireworks Eastern Region, 2445 Belmont Avenue, Youngstown, OH, 44505, Jennifer Flora, 68 Abbott Street, 1st Floor, Providence (02906)
Ms. Flora states that she will only be using the Holiday Sales license from June 23-July 4.
A motion to approve the License is made by Councilman Faria, seconded by Councilwoman Sousa and on a roll call vote it is unanimous.
B. Peddler – Hot Dogs Etc.
Antonio Lopes DBA Taste of Island, 57 Highland Avenue, Johnston (02919), Antonio Lopes, 57 Highland Avenue, Johnston (02919)
Councilman Botelho asks how the Council can approve these licenses without knowing where they will be and/or where they are allowed. They have no list of streets from the Police Department.
Solicitor Dias notes that peddlers should be stopped only to provide beverage or food.
Councilman Botelho states they need to have a list of streets.
Solicitor Dias asks the Chief if he thought safety was an issue at any location.
Chief Parella states that the issue with that is that it handcuffs them, if their selection of location at any point is unsafe he does have the authority to go out and say it’s unsafe and that they have to move on but they would provide that list if Council would prefer.
Councilman Botelho notes that he is not trying to deprive a business but he is asking so that the residents and the people who do business can co-exist together.
Mayor Briden asks the Solicitor about the section of charter.
Solicitor Dias indicates it is under 8-151 and the Chief is authorized to submit to council a list of streets.
Mayor Briden notes that does that make it mandatory or permissive it means may not shall so there is nothing stopping them tonight from allowing the license if Council wishes.
The City Manager suggests that for tonight the Council pass it subject to the gentleman providing a list of streets and subject to the Chief’s approval of those streets and then amending the ordinance.
A motion to approve the License is made by Assistant Mayor Britto, seconded by Councilwoman Sousa and on a roll call vote the motion passes 3-0 with Councilman Botelho and Councilman Faria Abstaining.
XIII. NEW BUSINESS
A. City Managers Report (by City Manager Timothy Chapman)
1. Chevron Development Presentation
The City Manager deferred this item.
2. Worker’s Compensation Informational Presentation
The City Manager introduces the Trust representatives Ion Riddlin Executive Director and Colleen M. Bodziony, Director of Operations and Member Services. She notes that the Trust was created as a response to the insurance crisis in the 80s. It is owned by our members and 36 of the 39 cities and towns are members. 34 of the 36 schools are members as well as special purpose districts. East Providence was a founding member in 1986. The school department joined the trust workers compensation program last year. The trust program and services that are provided for the premium provide the council with all aspects of the claim responsibly for wages, medical, and rehabilitative purposes. Packets are passed out to Council members.
Councilman Botelho asks how many cities signed on.
Ms. Bodziony states it is about 20 or so some are self-insured and others use other insurance companies. This is unique and the City wouldn't be able to purchase this later. If for nothing else the claims management portion has a value. Someone in a clerical position is paying less of a premium than someone doing a more physical job.
Councilman Botelho asks where does the City fall in terms of risks?
Ms. Bodziony states the City actually is not in a bad position.
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 – Absent, Mayor Briden – Aye, the motion is approved 3-0.
EAST PROVIDENCE CLAIMS COMMITTEE
CLAIMS & LITIGATION REPORT
TUESDAY, JUNE 20, 2017; 6:45 P.M.; ROOM 101
====================================================================
NEW CLAIMS
RICHARD ASERMELY $3,561.24
RM No. 17-039, Claim No. 17-021
Claim for property damage to vehicle sustained during snow plowing operations. Recommend referral to the insurance carrier.
Motion by: Councilman Botelho Seconded by: Councilman Britto
Motion: Refer the claim to the insurance carrier.
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VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ |
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| √ |
| Nay |
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| Abstain |
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| Absent |
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| √ | √ |
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CEI GROUP, INC. $1,968.76
RM No. 17-054, Claim No. 17-030
Claim for property damage to a box truck sustained when a Dept. of Public Works crew pulled the vehicle from a sink hole caused by a water main break on Almeida Avenue.
Motion by: Councilman Botelho Seconded by: Councilman Britto
Motion: Approve the claim in the amount of $1,968.76.
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VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ |
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| √ |
| Nay |
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| Abstain |
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| Absent |
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| √ | √ |
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RICHARD SILVA $132.87
RM No. 17-053, Claim No. 17-029
Claim for property damage to vehicle sustained as a result of striking a pothole on Rounds Avenue. See recommendation of the Director of Public Works.
Motion by: Councilman Botelho Seconded by: Councilman Britto
Motion: Approve the claim in the amount of $132.87.
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VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ |
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| √ |
| Nay |
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| Abstain |
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| Absent |
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| √ | √ |
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SEWER CHARGE ABATEMENTS
TIMOTHY G. ERRINGTON $168.30
Request for a sewer charge abatement for the property located at 5 Whipple Avenue in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilman Britto Seconded by: Councilman Botelho
Motion: Approve the sewer charge abatement in the amount of $168.30.
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VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ |
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| √ |
| Nay |
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| Abstain |
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| Absent |
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| √ | √ |
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MICHAEL & JANET PAPAGNI $371.28
Request for a sewer charge abatement for the property located at 15 Breeze Way 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 $371.28.
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VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ |
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| √ |
| Nay |
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| Abstain |
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| Absent |
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| √ | √ |
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RALPH A. PAPARELLA $273.98
Request for a sewer charge abatement for the property located at 61 Wampanoag Trail 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 $273.98.
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VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ |
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| √ |
| Nay |
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| Abstain |
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| Absent |
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| √ | √ |
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JENNY PEZZULLO $858.45
Request for a sewer charge abatement for the property located at 117 Washburn 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 $858.45.
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VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ |
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| √ |
| Nay |
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| Abstain |
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| Absent |
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| √ | √ |
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GERALDO RODRIGUES $409.73
Request for a sewer charge abatement for the property located at 83 Weeden Avenue in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilman Britto Seconded by: Councilman Botelho
Motion: Approve the sewer charge abatement in the amount of $409.73.
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VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ |
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| √ |
| Nay |
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| Abstain |
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| Absent |
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| √ | √ |
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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 Britto
Motion: Approve the sewer charge abatement in the amount of $2,335.95.
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VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ |
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| √ |
| Nay |
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| Abstain |
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| Absent |
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| √ | √ |
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A motion is made and unanimously approved to seal the minutes of the Executive Session with regard to the status reports in the matters of Providence Superior Court Case and Commission for Human Rights matter regarding Kathleen T. Waterbury vs. City of East Providence, Richard Kirby, Paul Lemont and Fire Chief Oscar Elmasian and Providence Superior Court Case and Commission for Human Rights matter regarding Lita Garrett vs. City of East Providence.
A motion is made by Councilman Botelho, seconded by Councilwoman Sousa to adjourn at 7:35 p.m. and reconvene in open session. Upon a roll call vote, the motion is approved 5-0.
A motion to approve the Claims Committee Report is made by Councilman Botelho, seconded by Councilman Faria and on a roll call vote it is unanimous.
2. 2015 Audit Presentation (by Director of Finance Malcolm Moore)
The City Manager noted that it is required that the Audit be presented to the Council.
The Auditor came to the podium, presented and answered questions of the Council.
A motion to accept the 2015 Audit Report ending October 31, 2015 is made by Councilman Faria, seconded by Councilwoman Sousa and on a roll call vote it is unanimous.
C. Report of School Committee Liaison
There is no report.
D. Resolutions
3. RESOLUTION ADOPTING THE TECHNICAL AMENDMENT TO THE CITY CHARTER
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
Mayor Briden requests to defer this to the next meeting when Assistant Solicitor Conley can be present.
E. Introduction to Ordinances
1. AN ORDINANCE IN AMENDMENT OF CHAPTER 11 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “PERSONNEL”
A motion to dispense with the reading of the Ordinance is made by Councilman Faria, seconded by Councilwoman Sousa and on a roll call vote it is unanimous.
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
Councilwoman Sousa stated that she purposed this to increase the retirement age for members of police and fire from 60-62. She noted that 35 departments in the state do not have a mandatory retirement age and any that do are over the age of 62. She notes she discussed this with both Chief’s, the City Manager and the Finance Director and there were no objections.
Assistant Mayor Britto noted his only concern is if this will have any effect on the negotiation process.
The City Manager notes that without knowing where the union sits on the issue it is hard to give an opinion on this.
Chief Parella notes that a few officers have been forced out recently.
Councilman Botelho states that he and the chief went back and forth in the past regarding injuries however fiscally it's a wash.
The Chief notes that most fire fighters don't work after the mid to late 50s.
A motion to approve the Ordinance for First Passage is made by Councilwoman Sousa, seconded by Councilman Botelho and on a roll call vote the motion passes 4-1 with Mayor Briden voting Aye subject to the fact that there is a public hearing at the next meeting and that they will have input from the Finance Director and the City Manager and Councilman Britto voting Nay.
4. AN ORDINANCE IN AMENDMENT OF CHAPTER 2 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “ADMINISTRATION”
A motion to dispense with the reading of the Ordinance is made by Councilman Faria, seconded by Councilman Botelho and on a roll call vote it is unanimous.
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.
Sec. 2-153. Terms of office.
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
Mayor Briden requests that someone from Planning be present at the next meeting.
Assistant Mayor Britto states that he would like to speak with members of that committee prior to voting on this item.
A motion to approve the Ordinance for First Passage is made by Councilman Faria, seconded by Councilman Botelho and on a roll call vote the motion passes 4-0 with Assistant Mayor Britto Abstaining.
5. 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 item is deferred to the July 18, 2017 Council meeting to allow for advertising.
XIV. ADJOURNMENT
A motion to Adjourn at 11:28PM is made by Councilman Botelho, seconded by Councilwoman Sousa and on a roll call vote it is unanimous.
Approved By Council: July 26, 2017
Attest: _______________
City Clerk