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)&(5):.

A.  Disposition of City-Owned Property

1.   33 Hoppin Avenue (Map 411, Block 17, Parcel 1) and 80 Burnside Avenue (Map 411, Block 17, Parcel 5)

2.   The Odd Fellows Hall 63-65 Warren Avenue (Map 106, Block 22, Parcel 13)

II.                OPEN SESSION

III.             CALL TO ORDER

Mayor Briden calls the meeting to order at 7:40PM.

IV.             SALUTE TO THE FLAG

V.                TO APPROVE THE CONSENT CALENDAR

A.    Letters

VI.             COMMUNICATIONS

Nicholas Oliver, 100 Hartford Avenue (02915) requesting to speak to the Council regarding funding for the rehabilitation or replacement of the East Providence High School.

Mr. Oliver states he is concerned regarding the impacts of a bond issue and the use of TANs without a plan to synchronize.  He is wondering how this will affect the city’s bond rating and based on the slam report, which is eye opening at $107 million as the soft number.  His suggestions to the council would be to factor the costs to build or refurbish to meet standards and to meet today's market both for students and faculty.  Do the costs need to be factored into the bond and would the city need to access the cost of bussing to other sites.  Would they need to lease parking spaces? Should this be factored into the bond or paid via taxes?  Slam does not include the cost to renovate or build a technical school and not every student is college bound.   They need to meet skills for workforce.  He was sad to see the health care source class was removed as there is a need for this in the community.  If the request is for a 25 year bond issuance how will this affect other projects?  If the General Assembly decides to move forward this could increase taxes business face.  He also notes he spoke to Laura McNamara and they need to be more active with the city to guide them as to what the needs are for a 21st century work force and to establish an ad hoc business or round table which help can create solutions.  

Councilman Botelho thanks Mr. Oliver for a very nice presentation.  He adds the building committee had a meeting last night and what is becoming very apparent, although both school and city have ideas and plans, is that it is pretty much governed by the Department of Education and they will take all this into account.  They don't allow the city to build a new building if they think the current one can be fixed.  It is an air tight procedure.  The state is going to dictate pretty much what the city can do.

Mayor Briden also states it was a good presentation and it is important as Mr. Oliver pointed out that the relationship between our ability to get TANs and TANs in the future is a function of the economy and that how much the city owes at a given point in time also impacts the ability to get TANs.  One long term question is if the city doesn’t continue going forward to change the tax year to eliminate TANs then wouldn't they be kicking the can down the road and 20 years from now there would be people here trying to borrow for needs and TANs would continue to be an issue. 

Mr. Oliver states that businesses know the bonds the city takes on affects business.  For their needs they have had to borrow for lines of credit and that the bond rating in the community impacts this ability to access capital and that is why he reached out to the Chamber of Commerce.  If the city moves into a bond to build a new high school it could affect businesses ability to borrow to expand in the city.

VII.          PUBLIC COMMENT

A.    Jason Desrosiers, 67 Dorr Avenue (02915) – Appointments

B.     Jim Miller, 94 Clyde Avenue (02914) – VAC – Veterans Advisory Committee

C.     Ken Santos – Peddler License – this item was deferred until the license comes up later on the docket.

VIII.       APPOINTMENTS

A.    Deputy Probate Judge (by Assistant Mayor Britto)

Maria F. Deaton, Esq., 17 Morra Way, Rumford (02916)

Councilman Faria states that as previously noted during public comment there are two nominations and he has submitted a resume to all members of the council and he has not received one from Mr. Britto.  He asks Assistant Mayor Britto if his nominee has practiced probate law before.

Assistant Mayor Britto states she has probate experience.

Councilman Faria asks if he would defer this nomination so that she could submit a resume.

Assistant Mayor Britto states he would not and adds that Councilman Faria provided his nominee’s resume this morning.  He notes that he put this on the docket for one reason that several weeks ago he ran into the probate judge and she was just overwhelmed with the amount of work she has so he made the suggestion and he spoke to the Mayor about it.  It appears that Councilman Faria saw this on the docket and ran and put this on.  The only issue or problem he had with it was to run out and put someone on himself.

Councilman Faria notes that he had a conversation with the Mayor a couple of weeks ago about nominating a deputy probate judge and the Mayor stated that he would confer with the law department and it was decided he was just going to send those cases out to other communities.

Assistant Mayor Britto states with that being said Councilman Faria saw the nominee he submitted and put his on.

Councilman Faria states he is not going to debate the fact that he had a conversation with the Mayor and he said he changed his mind.  They have a number of conflicted cases and there is one multi-million dollar case with six attorneys.  The city doesn’t want to open itself up to litigation with political appointments.  The resume was submitted all council members and received in December.

Assistant Mayor Britto notes then Councilman Faria had four months to put this on the docket.

Councilman Faria states he respected the Mayor’s position when he said there was no need.

Assistant Mayor Britto states so Councilman Faria put his on the docket.

Councilman Faria states no, he contacted the Mayor about this.  The resume was submitted at the very beginning.  He asks Assistant Mayor Britto how many years in the practice of probate law has his appointment served.

Mayor Briden notes what he had said was that if they are not appointing a deputy probate judge they can bring one in to hear a case which was fine with him at the time because no one was putting a name on.

Councilman Faria asks the Mayor if he remembers a particular name he spoke to him about.

Mayor Briden states he does not want to get into that as it is a quasi personnel matter and the nominee is from a well respected law firm and is well qualified.

Assistant Mayor Britto states by no means is he trying to pull the wool over anyone's eyes the position has been open for months and Councilman Faria was here Friday afternoon and the person he put on wasn't aware he was being appointed.

Councilman Faria states that comment is disingenuous and that they most certainly did.

Assistant Mayor Britto states decision was made at the 11th hour and asks why he didn't put his nominee on previously.

A motion to approve the Appointment is made by Assistant Mayor Britto, seconded by Councilman Botelho and on a roll call vote the motion passes 3-1 with Councilman Faria Abstaining. 

B.  Deputy Probate Judge (by Councilman Faria)

Michael Crocker, 301 North Country Club Drive, Warwick (02886)

IX.             PUBLIC HEARING – ORDINANCES FINAL PASSAGE

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

SECTION I.   Subsection (a) of Sec. 17-36 entitled “Water rates” of Article II entitled “Water” of Chapter 17 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Utilities,” is amended to read as follows:

(a)  The water rates for water furnished by the city to the consumer and measured by meter shall be billed at $3.32 4.05 per 100 cubic feet, until October 31, 2016 effective May 1, 2014 for all consumers.  For subsequent years, the effective rate shall be modified as follows:

Effective November 1, 2017, the rate per 100 cubic feet will increase to $4.35.

Effective November 1, 2018, the rate per 100 cubic feet will increase to $4.68.

Effective November 1, 2019, the rate per 100 cubic feet will increase to $5.03.

Prior to the end of fiscal year 2015-2016 2019-2020, the rate will be re-analyzed to determine if a modification is required for subsequent years.

SECTION II.   Subsection (c) of Sec. 17-36 entitled “Water rates.” of Article II entitled “Water” of Chapter 17 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Utilities,” is amended to read as follows:

(c)  Effective May 1, 2014, the annual fixed meter charge portion of the water charge shall be as follows:

Such fee shall be prorated quarterly or monthly for customers who are billed on a quarterly or monthly basis.

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

Requested By:   Councilman Botelho

Steve Coutu, Jim Marvel and Chris Woodcock Rate Consultant Presentation

Public Hearing:

Jason Desrosiers, 67 Dorr Avenue (02915) urging the Council to look at the ordinance passage carefully as there are many who cannot afford an increase. 

City Manager Chapman stats this is just about water rates tonight not sewer rates as that will be discussed at a later date.

Assistant Mayor Britto asks if these rates are on the actual line not the actual flow.

The rate consultant states that is correct as there is a basic or  fixed charge residents pay which goes through the meter like any other utility.

Under Public Hearing:

Jason Desrosiers, 67 Dorr Avenue (02915) notes this rate increase on water is not much but they will be looking at sewer and a tax increases also and with all the contracts coming due the tax payer and the rate payer do not operate in a vacuum.  They need to look at the burden on the tax payer and businesses in the community and that due diligence is done so that there is not too much being asked with the 3 combined, water, sewer and taxes and that they are not pricing people and businesses out of the city.   

Assistant Mayor Britto notes he has some concerns about this as well with tax increases coming soon, if any of them attended the joint meetings there is a lot of money being thrown out there and it's at our expense.  They are predicting two consecutive years of tax increases and this nickel and dimming at the end of the year adds up to a lot of money.  He adds as a father of 4 things are more and more expensive for him to continue to live here and they are taxing people right out of this city while over the line, in another state, they are paying a lot less.  He sees another tax burden with what they are going to do about the schools.  Most residents have an issue with it, as it isn't much but it is another tax.

Director Coutu provides photos of the old tower and notes it hasn't been painted in 20 years when it was built.  They are just completing the new tank and the chlorination station to be able to provide clean quality water to residents and businesses.  There is a cost to maintain this and they try to keep it low and they are not severe but necessary to do the work they do.

Assistant Mayor Britto notes he understands that and it is an eye sore and it is noticeable but he has a hard time talking about increasing prices for sewer and water because of rate increases in the past with no tangibles.

Councilman Faria notes he feels they can look to find this money elsewhere.

Director Coutu notes they go out to bid for the best price. 

The City Manager adds if they are lucky enough they could get a bond at a lower amount.  This is not only to paint the tower but to take out any fear of compromise of the City’s drinking water and also to look at the pipeline under the river.

Councilman Faria notes they have to be a magician with 7 contracts, building a school and raising taxes and still they need to address the sewer issues.

Assistant Mayor Britto notes those water pipes under the providence river, with respect to having that replaced, if there is a cut off they have nothing at this point.

The City Manager notes they have a discussion over the next couple of months to have a study done and they also have to discuss other means but this is their greatest need at this particular point.

Assistant Mayor Britto notes a couple of years ago, those pipes tipped, where would they get their water?

Jim Marvel said an alternate source would be really good and most of it would empty into the Bay if not addressed.   They didn’t have the alternate tank which they just put in now.  What is driving the rates now is debt service for infrastructure improvements plus painting the water tank.  They are looking to do repairs identified to the city in a 2005 study and take the risk of operating the water system and minimize it.  The pipe under the water has a history of failure in other states and to just do the analysis it is $1.5 million.  These were identified 12-14 years ago.

Councilman Faria asked about the condition of the pipeline.

Jim Marvel states in a month or so they will have a presentation, nationally that type of pipe has a history of failure.  There was an study that did a partial risk analysis and the recommendation was to do the inspection and to do that they have to install the infrastructure.  They have to be able to get into the pipe to make modifications and they have to have an alternate water source to do that in the meantime.

Councilman Botelho asks if they don't approve these rates can they paint the water tower? 

Jim Marvel states no. 

Councilman Botelho states he looks out of his office window at that rusty water tower every day and if they don't do this and they don't start the process to have an alternate source of water where will they be?

The rate consultant states the average increase is 5-6 cents a day. He understands what the Council is going through he sat on a board like this for years and had to increase rates.  He suggests they focus on this as it is the most critical function, that of clean, safe drinking water.

Faria asks why they got this so late?

Mayor Briden notes they had a workshop so it is the second time they had this  discussion and now a public hearing of the same information. 

Assistant Mayor Britto asks if it is a necessity.

The rate consultant states that in order for the city to borrow from the infrastructure bank and to have the adequate revenues to meet that indenture they must have it this year and subsequent years and under the current rates the city does not have enough money.  So in order to borrow they have to do them and it has to be right away.  

Assistant Mayor Britto states this defies everything he has said about raising taxes and yet this seems to be a necessity and it concerns him all the other projects coming up and the other increases there will be.

City Manager Chapman states if it is any consolation they wouldn't be asking if they didn’t think it was critical.

Assistant Mayor Britto states it pains him going forward as he has fought these last 2 years against raising taxes however given the case it is a necessity. He adds he doesn’t know how they are going to get all this done as what they prolong today is only going to hurt them tomorrow.

A motion to approve the Ordinance for Final Passage is made by Councilman Botelho, seconded by Assistant Mayor Britto and on a roll call vote the motion passes 3-1 with Councilman Faria voting Nay.

X.                LICENSES NOT REQUIRING PUBLIC HEARING

XI.             NEW BUSINESS

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

1.      2017 Proposed Paving Program 

The City Manager reports that the company agreed to hold prices from 2015.  The list includes new roads and the City Manager reads the list.  Regarding working other streets in they will be able to take care of those requested in Ward 3.  Unfortunately the costs are much greater than they used to be a number of years ago and he is asking that they approve these streets and move forward with the paving program.

Councilman Botelho notes that he sent a short terse memo regarding the street paving program but Mr. Coutu answered all his questions and indicated that the cost today as opposed to 30 years ago is vastly different because all the city has up to this point is lay asphalt over asphalt so now they have to grind it down.  There are some carryover streets and he wants to thank them for the courtesy.

Assistant Mayor asks about the capital funds. Noting that he looks at the way they spend city money no different than his own and that is why he asks all these questions to be correct in how they spend tax dollars. 

Director Coutu states that they will have a better handle on possibly having some road funds for next year to apply for this year and he is trying to budget correctly for this. They will do has many as they can.  He notes it's a little frustrating when he sees the short list of streets as he would like to do a lot more work but it takes additional funds and to keep in mind he provided a list to the city manager of the roads they have done by ward from 2005-2014 and no comprehensive roads were given funds despite requests of a million dollars a year.  What is there now is thin layers on top and they are crumbling what they need to do is grind up 8-12 inches and put two new courses on.  It cost more money but lasts much longer. 

Councilman Botelho notes that the city is an older community and they can only just surface pave for so many years.  They need to invest in the infrastructure or it will fall apart adding no one likes to spend the money but what people use every day from the city should be where the priorities are.

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

2.      Fire Department Smoke Detector Program

Chief Elmasian is called to the podium and reports that he is proud to announce next Thursday May 11^th the fire department in conjunction with the RI Red Cross, Wayne Barnes and the East Providence School Department will be installing smoke detectors, up to 3 for any house in the city.  Details can be found on the city website.  The department will also be canvassing the center portion of the city and going door to door.  This does not include carbon monoxide detectors.  They do advocate these.  The smoke detectors and labor are being donated.  Also every spring and fall the department checks the hydrants and makes sure they are not filled to freeze in winter, in the spring they open to flow them.  If residents experience a slight color change briefly this is why.

Assistant Mayor Britto asks if anyone can knock on doors if given a specific address outside of the center of the city.

Chief Elmasian said they could however the call volume is biggest in the center and so that is their target audience.  Flyers are out all over the city, at the seniors center and other locations in English, Portuguese and Spanish.

3.      Day of Portugal

Councilwoman Sousa is not present and City Manager Chapman reports that they are very excited to speak about this celebration being held on June 7, 2017 at 11:00AM for a flag raising at city hall followed by refreshments and on June 10^th  at 12:00PM a parade and event at city hall with food booths, dancing and music both events are free and open to the public.

4.   Live Nation/Waterfront Productions Announcement

The City Manager calls Michelle Maker Palmieri to the podium. 

Ms. Palmieri states that Live Nation has completed the final permitting over the winter months.  While there was a bit of a delay with the booking process they have been active behind the scenes and have confirmed show announcements and these will continue throughout the summer.  However, this year will be a limited season and they are treating it like a test pilot to work out the program and logistics.  They will figure out what shows make sense for the community and then next year host 20 plus shows.  She thanked everyone for all the support and let people know they could get tickets via the riwaterfrontevents.com or right here in EP in person at Jordan's Liquors.  They are doing an open house before the Beach Boy’s show and a local music and tour event.  They hosting a job fair early in July at City Hall and they want to hire all local people whenever possible. 

5.   Waterfront Presentation

Chairman Bill Fazioli and Director of Planning Jeanne Boyle provide a power point presentation.

B.     Council Members

1.      Pleasant Street Traffic Restrictions (by Assistant Mayor Britto)

Assistant Mayor Britto states that a couple of weeks ago he met with residents from Pleasant Street regarding speeding issues and traffic cutting through to Route 152 into Massachusetts.  It seemed conducive at the time for those concerned that during certain hours of the day, 4:00PM-6:00PM they would put a no thru way sign.  Since then the signs will be ousted and within the next week or so a no thru way sign will be placed up at all times so that the road can no longer be used as a cut thru.  Cars have been just going through as if no stop sign is there at all.

2.      Substandard Local Streets-Budget Policy (by Councilman Botelho)

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

3.      Metropolitan Park Drive Tree Pruning (by Councilman Faria)

Councilman Faria notes that tree pruning on this street is the responsibility of the state as it is a state road however it hasn't been pruned since 2007 but our city public works department is stepping up because they are the best and have offered to take care of it in the next couple of weeks.  

4.      Announcement Fame playing at Riverside Middle School (by Councilman Faria)

Councilman Faria notes that the production will be at Riverside Middle School and the dates are on the website.  His daughter is in the play and has worked hard on it along with Mr. Baldiai who is very dedicated.

C.    Reports of Other City Officials

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

D.    Report of School Committee Liaison

E.     Resolutions

1.      RESOLUTION IN OPPOSITION TO H5475 AND S0481, AN ACT RELATING TO CITIES AND TOWNS – SUBDIVISION OF LAND

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. 

WHEREAS, House Bill 5475, an Act Relating to Towns and Cities – Subdivision of Land, and companion Senate Bill 0481 have been introduced in the Rhode Island General Assembly; and

WHEREAS, this Act proposes to reduce the state mandated time periods for review of major land development and subdivision applications, to reduce the time periods for recording land use decisions and to impose a penalty on municipalities equivalent to 50% of the application fee if the time period is not met; and

WHEREAS, the practical effects of this legislation for the City of East Providence and others will be to put unreasonable time pressures on the City Planner and the Planning Board as applied to the largest and most complex types of developments and subdivision; and

WHEREAS, these major applications represent the projects with the most site impacts, infrastructure and technical issues involving testimony from various experts such as engineers and lawyers and requiring the Board members to absorb design and technical details; and

WHEREAS, these plans often require review by the City’s own professional experts, often times making it necessary for the Board to receive additional information and/or revised plans before a final vote in the affirmative can be made; and

WHEREAS, shortening time periods for review may force the Board to vote with restrictive conditions or even a vote to deny and will not serve the interests of applicants and developers; and

WHEREAS, these proposed changes are significant and were proposed without any initial input from the municipalities.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of East Providence respectfully requests that all State Senators, Representatives and the Governor oppose House Bill 5475 and companion Senate Bill 0481.

NOW, THEREFORE, BE IT 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:  Mayor Briden

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.      RESOLUTION AUTHORIZING THE CITY COUNCIL TO HIRE TIMOTHY J. CHAPMAN AS CITY MANAGER OF THE CITY OF EAST PROVIDENCE

WHEREAS, on August 22, 2016, the City Council of the City of East Providence appointed Timothy J. Chapman to the position of Acting City Manager; and

WHEREAS, the City Council hereby appoints Timothy J. Chapman as City Manager; and

WHEREAS, the City Council reached an agreement with Timothy J. Chapman as to the terms and conditions of his employment as follows:

1.      The City agrees to pay City Manager Timothy J. Chapman the same annual base salary he is currently receiving of $149,625.00 payable in installments at the same time other employees of the City of East Providence are paid.

2.      The City Manager shall be entitled to three weeks’ vacation per year.  The City Manager shall have the same number of sick days and personal leave days as provided for in the Agreement by and between the East Providence

3.      Department Heads and the City of East Providence, Rhode Island.  Accrual of sick leave and vacation leave shall be subject to the same limitations as provided for in the Agreement by and between the East Providence Department Heads and the City of East Providence, Rhode Island.

4.      The City Manager shall be entitled to participate in the State retirement system on the same basis as other City employees.

5.      The City Manager shall be entitled to reimbursement of reasonable documented expenses in carrying out his duties and use of a City telephone and Ipad.

NOW, THEREFORE, BE IT RESOLVED, the City Council appoints Timothy J. Chapman as the City Manager to run concurrently with the current City Council term.

This resolution shall become effective upon its passage.

Requested By:  Mayor Briden

Councilman Faria notes the lengthy discussion held regarding the suggested re-hiring of Richard Kirby and at that meeting he argued process and tonight he has no issue with Tim Chapman but adds he went to see him yesterday and had a heart to heart with him.  They work fine together and he is doing a great job and no one is looking to remove him 5 months into the term.  However, it strikes him as politically odd.  In fairness to Mayor Briden, his position has always been true from the first night he has always supported Mr. Chapman being city manager and has never changed.  In his duties as acting city manager he has been richly compensated.  There is a charter commission and a new government coming. The old adage that if it is not broke why fix it applies here.  He adds he was the last to hear about it and he called Mr. Chapman directly and told him he is better than that.  He has been great at working with all 5 council members. 

Assistant Mayor Britto notes that he stated it was time to move forward and he stated this immediately after Mr. Kirby was not voted in and adds that he said this despite his vote at that time going to support this man.  Moving forward they have negotiations coming up.  These things are difficult at times and having a city manager who is not sure if he is 48 hours away from losing his job is not a good idea.  It makes it difficult for someone to focus on what needs to be done.  He adds that he said it before that he supports Mr. Chapman despite problems in the past and that it's about the city, that ship has sailed and it’s time to move forward.

Councilman Faria notes he feels the city has been moving forward. Mr. Chapman gets right back to him.  This target thing could happen whether he is permanent or acting it does not make him immune.  They are all moving targets.

Assistant Mayor Britto asks Councilman Faria what his concerns would be. 

Councilman Faria states that it seems politically odd.  Adding it’s obvious that certain members are trying to create a majority.  His main concern as he has relayed to Mr. Chapman the good the bad and the ugly is that he wants this council, like the previous councils not to be a divided.  The viewing public knows the two people who have committed to him he is going to be loyal to and he was the first one to mention to Mayor Briden a few weeks ago that perhaps it was time start this process but there should be some process to it.  He knows he is a better man than that.

Assistant Mayor Britto stated whether 3 are in favor or not it is no different than prior votes.  There were several votes on this council that didn't work in his favor and he said his piece and moved forward.  The appointment of Tom Riley and the health benefits to name two.   

Councilman Faria states his hands are tied as he argued process prior and sometimes process trumps the appointment and if he votes against him where does that leave his ward?  He asks Assistant Mayor Britto if Richard Kirby was his guy then what changed. 

Assistant Mayor Britto states that is correct and he made no bones about it but that ship has sailed.

Councilman Faria states that no one is hanging by a string Mr. Chapman is getting paid good money and doing a good job naturally this had to be addressed but the council will never know because there was never any type of process. He added that Mr. Desrosiers brought up under public comment issues from the city charter, the fire process, he would not violate that charter now tonight.  The resolution is barebones adding he researched the resolutions for Grazikowsky and Kirby and all had job duties listed.   

Assistant Solicitor Conley states that the obligations of the City Manager are addressed by the city charter and it would be unnecessary and redundant to restate them. 

Councilman Faria asks why this was done in the past.

Assistant Solicitor Conley states that he can’t speak to that but it is redundant.

Mayor Briden states that prior to his current position he was a city solicitor here and he knows how different it is when a city manager is negotiating contracts.  They need to know that he has the full support of the city council.  The department heads are really dedicated and do a superb job but the city manager needs to manage to make decisions and make those decisions that are not popular and it’s important that a city council strongly supports him to make the city run well.  He likes having a situation where the city manager can disagree with council and not be afraid of what the consequence will be.  In an ideal world they would need a super majority to remove a city manager but they don't have that and to make that person acting instead is the thinnest ice there is and this is not good for the city.  People will be announcing their run for mayor later this year and he believes in process but it also has to be practical.  In the midst of negotiations, to have an ad placed, from an operational standpoint is a mistake and he adds that he has given this a lot of thought and understands the charter and due process and it’s important but he has experience in this.

Councilman Faria asks Mayor Briden if he felt as though Tim Chapman was a target and does this make him less of a target?

Mayor Briden states yes adding that he wants him to be able to disagree with the Council and not feel as though he is putting himself at risk and its unique in that he is negotiating all of our city contracts.  As a solicitor for a decade and in this role on the council for the second time he understands this, they don't get elected on what people express to them but to exercise their judgment and this is based on his judgment and experience.

Councilman Faria notes he would like the city manager to come in 5 strong and not this way, this is not the way to do this and this is what killed the city manager form of government.  He states to Mayor Briden he is an attorney and they can go back and forth all night either way the Mayor is a good attorney and he wants to take the vote, he insulted the process and polluted it to the very end.  In the past there were a couple of public interviews and some sort of process, the council met with individual and with all five members.  They can agree to disagree and respect each other.

Assistant Mayor Britto notes that he finds it off that there is a conspiracy theory if it doesn't go his way.

Councilman Faria states that it is with a heavy heart that there have been things in the paper and on the internet and that most of the people that know the inner workings of things know that his father is the Chair of the Democratic City Committee. He is his dad and he loves him and it is a very difficult position to be in.  He wants to make him proud but he doesn’t want to be anyone's blanket vote.  Some people have used this as a door to take cheap shots.

Councilman Botelho notes that Mr. Britto was right after he sponsored the vote for a reinstatement as he felt Richard was unjustly fired and this should not be a surprise as they supported Richard and this is for stability.  This didn't kill the city manager form of government it was the revolving door of city managers and what they are actually doing is providing much needed stability in a volatile time in the city.  He has to look and say what is good for the city and its time to put any political agenda aside for the people out there.

A motion to approve the Resolution is made by Assistant Mayor Britto, seconded by Councilman Botelho and on a roll call vote it is unanimous 4-0 with Councilman Faria noting for the record that his objection is to the process obviously Mr. Chapman has been in the position for a while and he is supporting him, he likes him and since he is currently serving this is a different situation than it was with Mr. Kirby. 

F.     Introduction to Ordinances

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

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

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

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

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

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

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

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

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

Requested by:  Councilman Britto

A motion to approve the Ordinance for First Passage is made by Assistant Mayor Britto, seconded by Councilman Botelho and on a roll call vote it is unanimous. 

2.   AN ORDINANCE IN AMENDMENT OF CHAPTER 8 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “LICENSES AND BUSINESS REGULATIONS”

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

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

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

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

(1)  Name and description of the applicant;

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

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

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

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

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

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

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

(98) A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation in any state or of any municipal ordinance in Rhode Island, the nature of the offense and the punishment or penalty assessed therefor. Applicant will present a BCI from the Office of the RI Attorney General and attest to no criminal history. If convicted of a crime, the applicant shall be disqualified.

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

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

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

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

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

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

(a)  The license fee which shall be charged by the city clerk for canvasser's or solicitor's license shall be $50.00 $25.00 $2.00 for the first month or any part thereof, $0.50 for each additional month or $5.00 per year.

(b)  The annual fees provided in this section shall be assessed on a calendar year basis, and on or after July 1 the amount of such fee for an annual license shall be one-half the amount stipulated above for the remainder of the year.

Sec. 8-121. Term.

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

(Rev. Ords. 1987, § 8-121)

Sec. 8-122. Exhibition.

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

(Rev. Ords. 1987, § 8-122)

Sec. 8-123. Hours permitted.

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

(Rev. Ords. 1987, § 8-123; Ch. 23, § II, 4-21-98)

Sec. 8-124. Enforcement of chapter.

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

(Rev. Ords. 1987, § 8-124)

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

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

Sec 8-128. Registration of businesses.

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

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

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

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

Sec 8-129. Penalties for non-compliance.

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

First offense - $100

Second offense - $500

Third offense - $1,000

All subsequent offenses - $1,500 and a misdemeanor charge with up to one month in jail

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

First offense - $1,000

Second offense - $2,500

Third offense - $5,000

All subsequent offenses - $10,000 and lost of right to operate door-to-door solicitation in the city.

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

Requested by:  Councilman Faria

Councilman Faria requests this item be deferred to the next meeting so there is time for further study.

A motion to defer to the next Council meeting is made by Councilman Faria, seconded by Assistant Mayor Britto and on a roll call vote it is unanimous. 

XII.          ADJOURNMENT

A motion to Adjourn at 10:33PM is made by Councilman Faria, seconded by Assistant Mayor Britto and on a roll call vote it is unanimous. 

Approved By Council:  May 16, 2017

Attest:  _______________

                City Clerk