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CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
March 21, 2017
7:00P.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. Deanna Chartier
2. Jeanette Fernandes
3. Margaret M. Hofmann
B. Claims for Reconsideration
1. Teresa D. LeBeau
C. Litigation
1. Trustees of Methodist Health and Welfare Services vs Steven Hazard, in His Capacity as Tax Assessor
2. 176 Narragansett Associates LLC, et al vs City
C.A. No.PC2016-4555
D. Sewer Charge Abatements
1. Carolyn A. Blecharczyk
2. Russell Carlson
3. Buckley Cooney
4. Flora G. Correia
5. Judith A. Fontaine
6. David E. Grof
7. Antonio Ruben, Jr.
8. Lillian Sousa
9. Michael Souza
II. OPEN SESSION
III. CALL TO ORDER
Mayor Briden calls the meeting to order at 7:36PM.
IV. SALUTE TO THE FLAG
V. TO APPROVE THE CONSENT CALENDAR
A. Letters
1. Burrillville Town Council resolution regarding anticipated repeal of modification of the Motor Vehicle Excise Tax.
2. Notice of New Property Number, 43-45 Kettle Point Avenue Map 209, Block 03, Parcel 001.60 Zoning KP.
3. Notice of New Property Number, 47-49 Kettle Point Avenue Map 209, Block 03, Parcel 001.60 Zoning KP.
4. Notice of New Property Number, 48-50 Kettle Point Avenue Map 209, Block 03, Parcel 001.40 Zoning KP.
5. Notice of New Property Number, 38 Captain John Jacobs Road Map 209, Block 03, Parcel 001.00 Zoning KP.
6. Notice of New Property Number, 36 Captain John Jacobs Road Map 209, Block 03, Parcel 001.00 Zoning KP.
7. Notice of New Property Number, 1 Kettle Point Avenue Map 209, Block 01, Parcel 002.20 Zoning KP.
8. Notice of New Property Number, 51-53 Kettle Point Avenue Map 209, Block 03, Parcel 001.60 Zoning KP.
9. CRMC March 2017 Calendar
10. Burrillville Town Council Resolution in support of Warwick City Council request for multi-unit residential housing classified as non-smoking.
11. Town of Charlestown Resolution in support of the Rhode Island’s Promise Program two year scholarship fund.
12. Burrillville Town Council Resolution petitioning the Director of Revenue for the installation of an accounting system.
13. Burrillville Town Council Resolution in support of the Charlestown resolution related to the FRA’s preferred alternative.
14. Burrillville Town Council Resolution and Request for support from other Cities and Towns regarding Proposed Revisions to the Energy Facility Siting Act.
B. Cancellation/Abatements
| Year | Amount |
| 2015 (non-util.) | $36,610.00 |
| 2015 | $30.64 |
| | |
| Total | $36,640.64 |
C. Alcoholic Beverage Class F-1
1. Saint Francis Xavier Church, 160 Orchard Street, Rabo de Peixe Dinner, April 1, 2017, Rev. Jorge V. Rocha.
2. Sacred Heart Church, Dinner, March 25, 2017.
D. Council Journals
1. Council Journal Regular Meeting March 7, 2017
A motion to approve the Consent Calendar is made by Councilman Botelho, seconded by Councilman Faria and on a roll call vote it is unanimous.
VI. PROCLAMATIONS AND PRESENTATIONS
A. Recognizing Heroic Actions of: Amanda Morton, Sendy Gonzalez, Yanina Hernandez and Dawn Oliveira (by Councilwoman Sousa)
Councilwoman Sousa presented the framed citations to the recipients and also mentioned the American Heart Association Walk which the recipients were participating in, in honor of the patient.
VII. COMMUNICATIONS
A. Thomas C. Riley, 3620 Pawtucket Avenue (02915) requesting to address the Council regarding water/sewer rates and calculation.
Mr. Riley was not present.
VIII. PUBLIC COMMENT
A. Scott Scienzo, 58 Woodbine Street (02915) - Public Comment
B. Jason Desrosiers, 67 Dorr Avenue (02915) – Public Comment
C. James Keller, 26 Village Drive (02915) – Immigration (decided to hold his comments until a future meeting)
IX. APPOINTMENTS
A. Library Board of Trustees – Reappointment (by Assistant Mayor Britto)
Kathy Dias, 174 Narragansett Avenue (02915)
A motion to approve the Appointment is made by Assistant Mayor Britto, seconded by Councilwoman Sousa and on a roll call vote it is unanimous.
X. LICENSES NOT REQUIRING PUBLIC HEARING
A. Wrecker/Tower
Jeremy D. Reis DBA All Mobile Towing, 101 Commercial Way (02914), Jeremy D. Reis, 5 Henry Street (02914).
A motion to approve the License is made by Councilwoman Sousa, seconded by Councilman Faria and on a roll call vote it is unanimous.
B. Hawker
Miguel J. Hernandez DBA Mike’s City Dogs, Miguel J. Hernandez, 72 Buckthorne Avenue (02915)
A motion to approve the License is made by Assistant Mayor Britto, seconded by Councilman Botelho and on a roll call vote it is unanimous.
XI. PUBLIC HEARING ORDINANCE FINAL PASSAGE
A. AN ORDINANCE IN AMENDMENT OF CHAPTER 11 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED ENTITLED "PERSONNEL”
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 (a) entitled "Announcements" of Sec. 11-64 entitled "Examination procedure" of Chapter 11 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled "Personnel" is amended to read as follows:
(a) Announcements. The director of personnel shall publicly announce by official bulletins and other suitable informational releases all competitive examinations for entrance into or promotion within the classified service for a minimum period of 14 calendar days prior to the administration of the examination. Such bulletins shall be posted on a bulletin board in the city hall and in such other public buildings as will ensure that any interested resident may be informed about employment opportunities in the city classified service. The director of personnel shall also place advertisements in a newspaper of general circulation in the city on the City’s website. The bulletins and advertisements shall specify the title and pay range of the class position, a description of the work to be performed, the minimum qualifications required, the time, place and manner of filing applications, the minimum score required on the written examination and any other pertinent information. If a minimum score is not announced, then the director will determine the passing score prior to the opening of applicants' identification envelopes.
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
Public Hearing:
1. Jason Desrosiers, 67 Dorr Avenue (02915) speaks in support.
2. Candy Seel, 1340 South Broadway (02914) speaks against.
A motion to approve the Ordinance for Final Passage is made by Councilman Faria, seconded by Councilwoman Sousa and on a roll call vote it is unanimous.
B. AN ORDINANCE IN AMENDMENT OF CHAPTER 11 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “PERSONNEL, PENSIONS AND RETIREMENT.”
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 (e) of Section 11-236 entitled “Service retirement annuity” 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:
(e) Effective June 1, 2008 those members who retired from service between 1962 and 1984 shall receive an increase a one-time ad hoc cost of living adjustment of $900.00 per member per year except in the case of a widowed member whose increase shall be $600.00 per year, and those members who are receiving an annual cost of living adjustment.
SECTION II. This ordinance shall take effect upon second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Councilman Faria
Councilman Faria noted that he met with Ms. Seel whom he respects very much and also that the solicitor and he have been going back and forth on this for a while. It came as a recommendation from the Personnel Hearing Board. The ordinance had not been updated since 1987. At first they were going to amend it to local papers however according to state law it has to be one that is not free and comes out more than once a week. However the Law Department assured him the titles would be advertised and people would be referred to the website for more details.
Solicitor Dias states there is no question that all these have to be advertised in many different areas specifically for recent EPPD postings in numerous places also it wouldn’t prevent that but it wouldn’t require it. The City still has to meet federal guidelines in many areas.
Councilman Faria asked if they advertise the job title and refer people back to the website which would be a savings.
Solicitor Dias stated that was correct.
Director Waterbury comes to the podium and notes the Personnel Hearing Board requested this. They post all jobs with the Department of Labor and Training and that would be a wider audience than ever before.
Assistant Mayor Britto asks what cost savings are.
Director Waterbury states they are substantial with $15,000 on the low end it just depends on the number of jobs they have for posting. Right now it requires that they list the full description.
The City Manager reports the minutes from Personnel Hearing Board have been available.
Director Waterbury states yes since their approval dates however they do not have to be posted on the Secretary of State website.
A motion to approve the Ordinance for Final Passage is made by Councilman Faria, seconded by Councilwoman Sousa and on a roll call vote it is unanimous.
XII. PUBLIC HEARING
A. CDBG 2017-2018
David Bachrach explains tonight they will be listening to those agencies who have applied for CDBG grants. Two weeks from tonight the council will vote on the funding. Each agency is allotted 3 minutes for presentation. They will come forward in the order they have signed up.
1. Childhood Lead Action Program, Executive Director Laura Bryan 69 Doyle Avenue, Providence. Organization was founded 1992. The request is for support of lead safe training in East Providence.
2. Boys and Girls Club of East Providence, Associate Director Martin DeCosta, 31 Blossom Street, East Providence. Serving East Providence for 80 years with over 1000 members, serving over 300 youth daily in three locations. This request if for funding for the Keystone Program for civic activity.
Assistant Mayor Britto states that he was a member of Keystone at Fox Point and how wonderful the program is and how they looked forward to it.
All award recipients arrived and Mayor Briden suspended the order of business to move to the presentation of proclamations.
3. Alan Loosest, 347 Broadway, Providence requesting funding for a property development. These would be condos at the corner of Ivy and Taunton. It is the development of six condos in two phase and they feel they are highly Cynthia Landlith is also in attendance and presents noting it is a $4.9 million project.
4. Kara Jean Ochre, Director of Development at Day One, 100 Midway Street, Providence requesting funding to support child and adult victims of sexual abuse and violence They were founded in 1973 and serve the entire State RI including over 500 in East Providence last year.
5. Rumford Tower Residents Association, Thomas Harrington President of the Residents Association, 25 Newman Avenue, Rumford. It is an independent non-profit serving 300 residents. The request is for funding for their only bus/transportation vehicle.
6. Barrington Tapin, Elizabeth Lennik, 11 Puritan Drive, Barrington. It stands for touch a person in need. It services in the 4 towns of the East Bay, Warren, East Providence, Barrington and Bristol.
7. Steven Hugg, Attleborro, MA for Family Service of RI. In service for 125 years. Requesting funding for their program on Wilson Avenue an adolescent girls home for abuse and domestic violence.
8. Good neighbors, Wendy Davis, 55 Turner Avenue, Riverside. They operate the only day shelter in RI.
9. East Bay Community Action Program Family Health Center, Katherine Nepolitano, 100 Bullocks Point Avenue. Requesting funds for expansion service at health center.
David Bachrach concludes the presentations. He notes that not all the proposals were made tonight and that next week the administration will supply the suggested budget to Council.
Assistant Mayor Britto states that these are all great organizations and he hopes they can all receive support.
David Bachrach notes they do try to do that as best they can but acknowledges there are four more than the number of applicants, as there are funds provided, however they find ways to work with them all.
XIII. NEW BUSINESS
A. City Managers Report (by Acting City Manager Timothy Chapman)
1. Police Lateral Hires Discussion
The City Manager calls up the Chief of Police to explain the lateral hires.
Chief Parella notes while the Council does not get involved in personnel this is a change to the way the police department has functioned in the past and he would like to inform them. The department is in dire need of man power. There are only two academy’s each year and even after selecting those to attend many don’t make it through the academy and others don’t make it through the probationary period on the force. Right now they are down to 85 officers and the City needs a minimum of 103. They have been paying quite a bit of overtime and for last 12 months 26% of every shift is over time, most are held against their will due to minimum manning clauses. It is not an optimal situation. They had to look for changes. In the past they have always hired for police trainees and a good part are born and raised in East Providence but they have decided at this point they need a lateral entry program. Only for RI and post certified police officers. They want those applicants early in their careers. They feel they can absorb them and have them conform to East Providence policies. If they can get 10 as a stop gap and take the pressure off the current officers the saving would be $21,270 per person vs $7,696.
Councilman Botelho asked how they will enter.
Chief Parella stated it would be a one year probation and they would start at top step as long as they have the years.
Assistant Mayor Britto asked how long they have to have certification.
Chief Parella responded they have to have been through the RI Municipal or Providence or State Academy and have kept up with all their trainings and not have been separated from service for more than two years.
Councilman Botelho stated he applauds the Chief for the innovation and that kind of thinking is the kind of thinking the City needs from all departments.
2. Oil Spill Grant Award
The City Manager announces the 2016 award to the City in the amount of $35,613 which Wayne and the East Providence Fire Department received for the flammable liquids task force and training support. He notes East Providence also provides support to the Port of Providence.
3. Payroll Conversion Status
The City Manager acknowledges a great job by the employees in implementing the 400 plus payroll changes. It went off without a hitch, the process was begun approximately a year ago and they have had barely any complaints.
B. Council Members
1. Charter Review Commission Update (by Mayor Briden)
Mayor Briden reported the Commission meets on Thursdays at 7:00PM. The meetings have gone very well and he encourages residents to attend and/or watch them via the City’s webpage or on public access television. The agendas and minutes are also posted on the City’s webpage. One of the areas they will look at is the reserve fund and how it relates to synchronizing the tax year. He adds that what might make sense is for a future meeting of the Council, to have some sort of presentation on synchronization and getting a good understanding of what this means and the costs associated with it. He requests Mr. Luba to prepare something similar to what was done a few years ago and Director Moore to be a part of this as well as information on the City’s bonding capacity, the reserve fund and the concept of synchronization.
Assistant Mayor Britto notes he has been and continues to be an advocate for this.
2. School Building Committee Update (by Councilman Botelho)
Councilman Botelho reports a few weeks ago they had their first meeting at the East Providence High School. The purpose of the committee is to go over documentation relating to the School Department’s and State’s assessment of the status of the East Providence High School and various state regulations regarding building a new high school, the condition of the high school and other schools and what the next steps would be. The committee reported the cost to renovate the high school would be $90 million. Building a new high school would max out the city’s bonding capacity somewhere around $120 million. There has been serious discussion regarding a public/private partnership as well as state funding. If both of these are utilized it would leave funds for repairs for other schools.
3. Ward IV Constituent Issues (by Councilman Faria)
a. Status on Sewer Plant
Councilman Faria asked the City Manager to provide a status. The City Manager reported that Barrington has begun using the product Bison and this should significantly help the odor issues.
b. Vote to Suspend the Start of Monthly Billing Until Further Research is Conducted
Councilman Faria reported last week the Council had a lengthy discussion regarding the monthly billing. He notes he raised concerns regarding the costs associated with proceeding and called Director Moore to the podium who agreed with the costs listed. Director Waterbury was called to the podium and she acknowledged that the jobs Mr. Moore lists as costs are not the costs as he is not indicating these positions are being back filled and doing other duties as well.
Councilman Faria reiterated the fact that there would be no cost savings to the tax payer. It merely takes what each tax payer is paying and spreads it out and if a resident pays even one day late on monthly billing they will get assessed a late fee. Additionally, as far as consumption goes the City has the capacity to allow residents to see their consumption monthly without having to have them pay for it every month. He feels there are many elderly and other residents which are quietly financially struggling and this is going to add to those monthly bills. While he understands there is a rate study workshop coming up he feels the need to halt the start of monthly billing until it can be looked at better and assessed if this is an additional cost to the tax payer.
Councilman Botelho states monthly billing is the wave of the future and already used places such as Cleveland, South Carolina and Baltimore are utilizing it and he doesn’t see the downside.
A motion to deny halting the start of monthly billing is made by Assistant Mayor Britto and under discussion Councilman Faria withdraws his request for a vote.
4. Arbor Day Event April 29, 2017 (by Councilwoman Sousa)
Councilwoman Sousa announces in conjunction with Arbor Day East Providence will be sponsoring an event again this year. East Providence is the 3rd longest participant as a Tree City with 48,688 trees. Ten flowering trees have been donated this year from the Arbor Day Association and will be planted at Townie Pride Park at Jones Pond.
5. Earth Day Event April 22, 2017 (by Councilwoman Sousa)
Councilwoman Sousa announced that in celebration of Earth Day on April 22nd with a clean up at Townie Pride Park at Jones Pond. The City will be receiving assistance from Boy Scouts Pack
C. Reports of Other City Officials
1.Claims Committee Report (by City Solicitor Greg Dias)
Pursuant to R.I.G.L. § 42-46-5(a)(2), a motion is made by Councilwoman Sousa and seconded by Councilman Botelho 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, MARCH 21, 2017; 7:00 P.M.; ROOM 101
====================================================================
NEW CLAIMS
DEANNA CHARTIER $179.56
RM No. 17-014, Claim No. 17-009
Claim for property damage to a decorative light pole sustained during snow plowing operations. See recommendation of the Director of Public Works.
Motion by: Councilman Botelho Seconded by: Councilman Faria
Motion: Approve the claim in the amount of $179.56.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
JEANETTE FERNANDES $661.88
RM No. 17-013, Claim No. 17-008
Claim for reimbursement of expenses incurred as a result of a sewer backup caused by roots from a City tree. See recommendation of the Director of Public Works.
Motion by: Councilman Botelho Seconded by: Councilman Faria
Motion: Approve the claim in the amount of $661.88.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
MARGARET M. HOFMANN $311.30
RM No. 17-012, Claim No. 17-005
Claim for reimbursement of expenses incurred to replace the left sidelight window on the front door when the police department used force entry in response to a 911 call.
Motion by: Councilman Faria Seconded by: Councilwoman Sousa
Motion: Defer the claim for additional information.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
CLAIM FOR RECONSIDERATION
TERESA D. LEBEAU $316.41
RM No. 17-003, Claim No. 17-001
Claim for property damage to vehicle sustained as a result of striking a pothole on Tripps Lane. The Claims Committee voted on February 21, 2017 to deny the claim. Claimant is asking for reconsideration based on additional information submitted.
Motion by: Councilman Botelho Seconded by: Councilman Faria
Motion: Defer the claim for additional information.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
LITIGATION
TRUSTEES OF METHODIST HEALTH AND WELFARE SERVICES
VS.
STEVEN HAZARD, IN HIS CAPACITY AS TAX ASSESSOR
C.A. NOS. 2013-2280 & 2014-5926
Settlement Agreement
Motion by: Councilman Faria Seconded by: Councilman Botelho
Motion: To seal the minutes of the discussion of the Settlement Agreement.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
SEWER CHARGE ABATEMENTS
CAROLYN A. BLECHARCZYK $128.88
Request for a sewer charge abatement for the property located at 118 Wannamoisett Road in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilman Britto Seconded by: Councilman Faria
Motion: Approve the sewer charge abatement in the amount of $128.88.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
RUSSELL CARLSON $592.20
Request for a sewer charge abatement for the property located at 316 Willett Avenue in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilwoman Sousa Seconded by: Councilman Botelho
Motion: Approve the sewer charge abatement in the amount of $592.20.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
BUCKLEY COONEY $332.73
Request for a sewer charge abatement for the property located at 29 Drowne Parkway in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilman Faria Seconded by: Councilwoman Sousa
Motion: Approve the sewer charge abatement in the amount of $332.73.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
FLORA G. CORREIA $306.09
Request for a sewer charge abatement for the property located at 1423 South Broadway 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 $306.09.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
JUDITH A. FONTAINE $526.26
Request for a sewer charge abatement for the property located at 40 Woodbine Street in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilman Faria Seconded by: Councilwoman Sousa
Motion: Approve the sewer charge abatement in the amount of $526.26.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
DAVID E. GROF $273.98
Request for a sewer charge abatement for the property located at 876 Roger Williams Avenue in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilman Britto Seconded by: Councilman Faria
Motion: Approve the sewer charge abatement in the amount of $273.98.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
ANTONIO RUBEN JR. $284.08
Request for a sewer charge abatement for the property located at 45 Green Lane Road 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 $284.08.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
LILLIAN SOUSA $832.24
Request for a sewer charge abatement for the property located at 234 Mercer 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 $832.24.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
MICHAEL SOUZA $112.77
Request for a sewer charge abatement for the property located at 2761 Pawtucket Avenue in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilman Faria Seconded by: Councilman Britto
Motion: Approve the sewer charge abatement in the amount of $112.77.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | | √ | √ | | √ |
| Nay | √ | | | | |
| Abstain | | | | √ | |
| Absent | | | | | |
A motion is made by Councilman Faria, seconded by Councilwoman Sousa to adjourn at 7:20 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.Rumford Motor Inn, 400 Newport Avenue - Status Update (by Christopher Parella, Chief of Police)
Chief Parella reports out any calls for service and indicates there have been no major issues involving this location and that the license holder has been very cooperative.
3.Dance/Entertainment License East Providence Lanes, 80 Newport Avenue - Status Update (by Christopher Parella, Chief of Police)
Chief Parella reports out any calls for service and indicates there have been no major issues involving this location and that the license holder has been very cooperative.
D. Report of School Committee Liaison
E. Resolutions
1. RESOLUTION OPPOSING THE SITING OF THE CLEAR RIVER ENERGY CENTER IN BURRILLVILLE, RI
A motion to dispense with the reading of the Resolution is made by Assistant Mayor Britto, seconded by Councilman Botelho and on a roll call vote it is unanimous.
WHEREAS, on October 29, 2015 Invenergy Thermal Development LLC filed an application to Construct the Clear River Energy Center Power Plant in Burrillville, RI with the Rhode Island Energy Facility Siting Board (EFSB); and
WHEREAS, in the months since the filing of that application, the Town of Burrillville has conducted extensive study of the application with and through credentialed professionals, including studies of noise, water, traffic and air quality, among others; and
WHEREAS, after considering expert testimony and conducting thorough public hearing, the Burrillville Planning Board and Zoning Board of Review have advised the EFSB that Burrillville, RI is not a suitable site for the Clear River Energy Center; and
WHEREAS, the Burrillville Building Inspector and Burrillville Tax Assessor, have also submitted advisory opinions to the EFSB expressing the impact the proposed Clear River Energy Center would have on the Town of Burrillville; and
WHEREAS, during the past eleven months, many citizens of the Rhode Island, as well as our neighboring communities in Massachusetts and Connecticut, have expressed clear opposition to the siting of the Clear River Energy Center for reasons including the impacts on property, environment, water and traffic; and
WHEREAS, the East Providence City Council joins with the citizens and officials of the Town of Burrillville as well as residents throughout the State of Rhode Island expressing concerns and objections to the siting of the Clear River Energy Center in Burrillville, RI.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of East Providence does hereby oppose the siting of the Clear River Energy Center in Burrillville, RI.
BE IT FURTHER RESOLVED that this resolution of the City Council of the City of East Providence be submitted to the Rhode Island Energy Facility Siting Board for consideration during their hearings on Invenergy Thermal Development LLC’s application to construct the Clear River Energy Center power plant in Burrillville, RI.
Requested by: Councilwoman Sousa
A motion to approve the Resolution is made by Councilman Botelho, seconded by Assistant Mayor Britto and on a roll call vote it is unanimous.
2. RULES OF PROCEDURE OF THE CITY COUNCIL
A motion to dispense with the reading of the Resolution is made by Councilman Botelho, seconded by Assistant Mayor Britto and on a roll call vote it is unanimous.
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.
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.
VII. 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.
VIII. Licenses (Requiring Public Hearing and Non-Public Hearings)
IX. Public Hearings
X. Continued Business
XI. New Business
a. City Manager’s Report
b. Reports of Other City Officials
c. Council Members
d. Report of School Committee Liaison
e. 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.
f. Introduction of Ordinances. All ordinances shall appear on the docket after having been referred to the Law Department for review.
g. 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.
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
Councilman Botelho states that he placed this on the docket because since December this section of the docket has been abused in many cases. It’s been used to call names and state innuendos which the Council cannot respond to due to possible open meetings law violations. However since there is strong sentiment against the change suggested he is withdrawing the item until such time as there can be further discussion.
3. RESOLUTION REQUESTING THE STATE OF RHODE ISLAND REPAIR PAWTUCKET AVENUE FROM THE SILVER SPRING GOLF COURSETO THE INTERSECTION WITH WARREN AVENUE
A motion to dispense with the reading of the Resolution is made by Councilwoman Sousa, seconded by Councilman Faria and on a roll call vote it is unanimous.
WHEREAS, the City of East Providence has begun a process of providing safe sidewalks and roadways to its citizens; and
WHEREAS, there is a stretch of road in East Providence which is supposed to be maintained by the State of Rhode Island that is in need of immediate attention to provide safe and reliable access; and
WHEREAS, on this stretch of road on Pawtucket Avenue from the Silver Spring Golf Course to the intersection with Warren Avenue the sidewalks are not maintained in a manner that is safe for pedestrians and the road is in a hazardous condition and has not been repaired or replaced since the 1940’s.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of East Providence is requesting that its Representatives and Senators join the City Council in requesting that this safety issue be addressed by the State of Rhode Island as soon as possible and 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: Councilman Botelho
Councilman Botelho reports that this is a very similar resolution to one he introduced and which the Council passed in 1988. The road work has still not been done. He notes he will pass this resolution every month until the repairs are done as they have been waiting 30 years.
A motion to approve the Resolution is made by Councilman Botelho, seconded by Councilman Faria and on a roll call vote it is unanimous.
4.RESOLUTION IN SUPPORT OF CITY OF EAST PROVIDENCE APPLICATION FOR GRANTS TO RESTORE AND REPLENISH BEACHES AND BEACHFRONT AREAS IN THE CITY
A motion to dispense with the reading of the Resolution is made by Councilwoman Sousa, seconded by Councilman Faria and on a roll call vote it is unanimous.
WHEREAS, the City of East Providence and many of its residents and particularly those in the Riverside section of the City who have been combating the ongoing loss of land and beach due to beach erosion, and
WHEREAS, the citizens of East Providence and particularly those in the Riverside section of the City are in need of assistance from the State to preserve and protect City property and their property; and
WHEREAS, there are grants available to assist Rhode Island cities and towns and their residents namely, the Rhode Island Sea Grant specifically called the Sand Mine grant which are there to help restore beaches by replenishing the beaches with oceanic sand; and
WHEREAS, the BWRF R.I. Bay Watershed Restoration Fund Grant is created by the R.I. Department of Environmental Management to replenish beachfront property with natural plants and barriers to combat land loss for the long term; and
WHEREAS, the City of East Providence enthusiastically supports the joint Northeast Regional Ocean Council and The Nature Conservancy project to incorporate living shorelines and green infrastructure into coastal resiliency strategies. This is a great opportunity to design and evaluate the use of natural and nature based solutions as a method for enhancing coastal habitat on shorelines threatened by erosion. The City looks forward to exploring opportunities to pilot projects in East Providence that will create or enhance coastal habitat while reducing risks of coastal hazards and loss of public infrastructure.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of East Providence requests that the East Providence Delegation to the R.I. House and Senate support and assist the City of East Providence and its residents to obtain these grants and projects to assist with the restoration and reclamation of our beautiful shoreline.
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: Councilman Faria
Councilman Faria calls Director Boyle to the podium and she discussed the coastal erosion and storm water management issues. Brown University had done a study about two years ago and this will continue in the line of work.
Councilman Faria noted that Director Boyle had been very helpful and thanked her.
A motion to approve the Resolution is made by Councilwoman Sousa, seconded by Councilman Faria and on a roll call vote it is unanimous.
F. Introduction to Ordinances
1. AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “VEHICLES AND TRAFFIC”
A motion to dispense with the reading of the Ordinance is made by Assistant Mayor Britto, seconded by Councilwoman Sousa and on a roll call vote it is unanimous.
SECTION I. Section 18-247 entitled “Designation of one-way streets” of Article VIII entitled “One-Way Streets” of Chapter 18 entitled “Vehicles and Traffic” is amended by adding thereto the following:
Whelden Avenue (westbound) from Broadway to Short Street
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 explains the road is being used as a cut through.
Assistant Mayor Britto asks if by making this change it will negatively affect the surrounding streets.
Councilwoman Sousa states that she spoke with the Chief of Police and the feeling is it will not.
Fire Chief Elmasian states they are fine with it if the Solicitor allows the fire trucks to go against the one way.
A motion to approve the Ordinance for First Passage is made by Councilwoman Sousa, seconded by Councilman Faria and on a roll call vote it is unanimous.
XIV. ADJOURNMENT
A motion to Adjourn at 10:38PM is made by Councilwoman Sousa, seconded by Councilman Faria and on a roll call vote it is unanimous.
Approved by Council: April 4, 2017
Attest: _______________