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CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
May 16, 2017
7:00P.M.
Council Chambers, City Hall, 145 Taunton Avenue, East Providence, RI 02914
7:00P.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. Alcida Correia
2. Ronald Dorego
3. Joseph Sousa
4. June A. Sullivan
5. Weixing V. Wang
B. Sewer Charge Abatements
1. Eric Crook
2. Dexter Investment Corp.
3. Gordon School
4. Mary J. Lyons
5. Claudia Medeiros
6. Carolina Oliveira
II. OPEN SESSION
III. CALL TO ORDER
Mayor Briden calls the meeting to order at 7:41 P.M.
IV. SALUTE TO THE FLAG
V. TO APPROVE THE CONSENT CALENDAR
All items under “CONSENT CALENDAR” are considered to be of a routine and noncontroversial nature by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council member so requests, in which event, the item will be removed from the “CONSENT CALENDAR” and will be considered in its normal sequence on the docket.
A. Letters
1. Town of Glocester Resolution in opposition to H5475 and S0481 an act relating to cities and towns Subdivision of Land.
2. Notice of new property number 113 N County Street (02914), Map 306, Block 18, Parcel 007.00, Zoning R6.
3. Notice of new property number 20 Burke Street (02915), Map 513, Block 46, Parcel 003.00, Zoning R4.
4. Smithfield School Department, School Committee Resolution on Gun Free Schools.
5. Notice of CRMC Semi Monthly Meeting, Thursday, May 9, 2017.
B. Alcoholic Beverage Class F
1. Phillip Street Hall, 51 North Phillips Street (02914), June 2, 3 and 4.
2. Lauren Zarembka Scholarship Fund, Fundraiser, St. Brendan’s Hall, Turner Avenue (02915), June 3, 6:30PM-11:00PM,Particia Quicksell.
3. Trinity Brotherhood Club, 146 Sutton Avenue (02914), Holy Ghost Feast, June 9, 10 and 11, 2017, Dina Lema.
4. St. Francis Xavier Church, 81 North Carpenter Street (02914), Annual Feast, June 16, 17 and 18 2017, Maryann Marques.
5. Holy Ghost Brotherhood of Charity, 59 Brightridge Avenue (02914), Annual Feast, July 14, 15 and 16, 2017, Lidia M. Alves.
6. Theophilo Braga Club, 26 Teofilo Braga Street (02914), Annual Feast, July 14, 15 and 16 2017, John Perry.
7. Holy Ghost Brotherhood Mariense, 846 Broadway (02914), Annual Feast, July 28, 29 and 30, 2017, Antonio Amaral.
C. Council Journals
1. Council Journal Regular Meeting May 2, 2017
2. Council Journal Executive May 2, 2017
Councilwoman Sousa requests the record reflect that although she was unable to attend the previous Council Meeting she is in favor of City Manager Chapman’s full appointment.
A motion to approve the Consent Calendar is made by Assistant Mayor Britto, seconded by Councilwoman Sousa and on a roll call vote it is unanimous.
VI. PROCLAMATIONS AND PRESENTATIONS
A. John Baldaia, Riverside Middle School Music Director and 2017 Inductee to the RI Music Hall of Fame (by Councilman Faria)
Councilman Faria introduces, reads and presents the citation.
VII. COMMUNICATIONS
A. Marsha Giroux, 69 Outlook Avenue requesting to address the Council regarding Kent Heights Elementary PTA School Event being held May 19, 2017 from 5pm-8pm and need for street closure for the end of Howland Avenue.
A motion to approve the street closure for the Kent Heights Elementary PTA School Event on May 19, 2017 from 5PM-8PM is made by Councilman Botelho, seconded by Councilwoman Sousa and on a roll call vote it is unanimous.
B. Gary Menissian, 98 James Street (02914) requesting to address the Council regarding the Ocean State Multisport 4th Annual East Bay Half Marathon being held on August 13th, 2017.
A motion to approve the road race subject to the East Providence Police approvals is made by Councilwoman Sousa, seconded by Councilman Faria and on a roll call vote it is unanimous.
C. Deb Cipalone, 7 Green Street (02916) requesting to address the Council regarding do not enter signage on Pleasant Street.
Ms. Cipalone states it is blocking off access to homes and drive ways and the only driveway access for the church which is less than 1/10 mile now has to circle the neighborhood and go Pawtucket Avenue to Miller to Pleasant Street which now creates a situation on the smaller streets such as Miller and they have to drive 4/10 of a mile. Also the Do Not Enter signs are placed near some driveways of homes. She adds they are looking for a different avenue to take. They want safety but also don't want to create more issues for those on the smaller side streets. People in the neighborhood do support this as only a small group came out to the meeting because they didn't know it was happening.
Assistant Mayor Britto states it wasn't an overnight decision. It has been an ongoing issue for many years. It is not about a popular decision it is a safety issue. It’s not denying anyone access to the church. He notes when he visited the neighborhood he witnessed cars going right thru the stop sign. He doesn't live there and he notes Ms. Cipalone doesn’t live there either. He is hearing the voices of those affected day in and day out. Not everyone is for it but he is receiving compliments that something has to be done in this neighborhood. When they made the decision the chief of police and the fire chief and the cm as well as the caption of traffic patrol, Sgt Andrews and the solicitor all reviewed it.
Councilwoman Sousa asks how a sign can just go up. She notes in her situation she met privately with residents and city officials and came up with various options and thought in her case the one way would work best. Then the item came to the council as an ordinance requiring 2 passages and she notes Assistant Mayor Britto voiced concerns of due diligence and it was a discussion among the council and not just something that happens. Why is it ok now?
Assistant Mayor Britto states that several months back, in March, he sat with the City Manager and the chief and the director of DPW for about 45 minutes. Then he held a community meeting on April 19th. He apologizes if some did not hear about it. He notes the City Manager issued a press release. There is no ordinance needed for a do not enter sign. He adds that for the first two weeks the traffic control was not issuing violations.
Solicitor Dias confirms that putting do not enter signs up is done under the director of DPW and no ordinance is needed.
Councilwoman Sousa states as a resident she would have liked a public discussion and it would have deterred some of this.
Assistant Mayor Britto states he held a public meeting and he is more than happy to look into it further. There are people here tonight who are for it and it’s not here to please everyone.
Ms. Cipalone states that they want to correct the situation to the benefit of everyone who lives there.
Assistant Mayor Britto states there are other options they are looking into but opening it up to local access was just a band aid and it didn't mean that a portion where the residents have the problem would get relief. It's not only in that particular area it goes all the way down. If someone comes to him that they have a safety issue he doesn’t ask them where on the road they live. He walked there and went over to Miller Street and talked to the people. If he didn’t care he would not have returned phone calls and spoke to the pastor at the church and he would be more than happy to address the congregation both those for and against.
Chief Parella is called to the podium. He notes that in regards to the 25 mph it is always prima facie on all streets in RI unless otherwise noted. There is an awful lot of ancillary traffic and it would require a lot of police presence and it doesn't really suit anyone if we go in and do heavy enforcement. Those who complain about the speeding are inevitably those that get stopped because they know the streets well and tend to speed. They have talked about a bunch of different ways to address it. This is one. Police can erect signs temporarily. Ultimately the highway superintendent decides on the permanency of it. Once it's up if it is ignored that would be akin to a red light violation. His first concern was the people living on Miller even if only on Sundays, and this was discussed. Miller is small and we didn't think it would be advantageous for drivers to go up Miller and take a left and they may do it now but to get an accurate read will take time. They want to evaluate some of the other stop signs all the way through and do radar in a number of locations. Other suggestions are moving the do not enter to the corner of Miller. One thing they did find is there is one person who is land locked because of the 2 one ways.
Councilman Faria asks about traffic studies.
Chief Parella notes they did have some data but they need more before they alter it. Right now they are only issuing warnings unless the same person for example is stopped 3 times in a row.
Ms. Cipalone states that she feels it is a drastic action to close the street down rather than a restriction.
The Chief notes the police didn't decide the action they looked, listened and agreed it would be a safe result and would decide if it would be a temporary or permanent solution. Local traffic only is very difficult to enforce. They have to follow the driver all the way. The councilman did want to do at first however the police were not that much in favor due to the difficulty to enforce. Maybe it’s an option down the road that is considered.
Councilman Botelho states that a dedicated traffic expert might help.
City Manager Chapman states this done through the city engineer. Engineering, DPW police and fire all got together.
Ms. Cipalone states that if this is going to be the way it is going to stay the church would like to ask the city council to install a curb cut on Pawtucket Avenue and install a new entrance to their church.
The City Manager notes they may have to go through the state.
Ms Cipalone notes they had previously asked the church to move it as their was too much traffic from Pawtucket Avenue to the church. She is asking the council to give them a voice in this matter because they did not have a voice in this matter.
Mayor Briden notes one option would be to look into these issues and those here tonight are more than welcome to come back and speak at another meeting giving the city the time to look into the issues.
The city manager suggests it be put back on the docket for the next meeting after they do the research.
Assistant Mayor Britto states that if they still want to speak for or against and have been sitting here tonight waiting he would like to give them that option.
Mayor Briden notes he is not suggesting they don’t speak he just wants to give the option. If anyone wants to wait until the city addresses some of these concerns they are welcome to do this.
Ms. Cipalone states that many members might be looking for a church for many different reasons and if they cannot find them they can't reach them.
VIII. PUBLIC COMMENT
A. Pastor Ernie Robillard, First Baptist Church in East Providence – Pleasant Street
B. Phyllis Rawlinson, 157 Vincent Avenue – Travel Restrictions on Pleasant Street
C. Jason Desrosiers – Meetings
D. Robert Tewksbury, First Baptist Church, 69 Hope Street – Pleasant Street
E. Renee Lizotte, 292-294 Pleasants Street – Restrictions Traffic
F. David Ohanesian, 292-294 Pleasants Street – Restrictions Traffic
G. Fredricka Athanas, 20 Wheldon Avenue
H. Maria F. Pereira, 231 Dover Avenue
I. Paula Gonsalves, 30 Miller Avenue (02916) – Pleasant Street
J. Chris Beattie, 210 Pleasant Street – Traffic Restrictions Pleasant Street
K. Meghan Mahan, 17 Pleasant Street – Do Not Enter Signs on Pleasant Street
L. Frederick Radway, 22 Pleasant Street – Traffic Restrictions Pleasant Street
M. Polly Walker, 214 Pleasant Street – Traffic Pleasant Street
N. Judy Benson, Pleasant Street – Traffic Restrictions Pleasant Street
O. Sue Shine, 226 Pleasant Street – Traffic Pleasant Street
P. Tom Riley, 3620 Pawtucket Avenue (02915) – Luis Aponte and Charter Commission
IX. APPOINTMENTS
A. Traffic Control (by Councilman Botelho)
Robin Spellman, 161 Bradford Avenue (02914)
A motion to approve the appointment is made by Councilman Botelho, seconded by Councilwoman Sousa an on a roll call vote it is unanimous.
A. Zoning Board of Review – Reappointment (by Mayor Briden)
Antonio Cunha, 154 Walnut Street (02914)
A motion to approve the appointment is made by Councilman Faria, seconded by Assistant Mayor Britto an on a roll call vote it is unanimous.
B. Traffic Control (by Councilwoman Sousa)
Sandra Couto, 120 Walnut Street (02914)
A motion to approve the appointment is made by Councilman Faria, seconded by Councilwoman Sousa an on a roll call vote it is unanimous.
X. PUBLIC HEARING – ORDINANCES FINAL PASSAGE
A. AN ORDINANCE IN AMENDMENT OF CHAPTER 10 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “NUISANCES”
A motion to dispense with the reading of the ordinance is made by Assistant Mayor Britto, seconded by Councilman Botelho and on a roll call vote it is unanimous.
SECTION I. Subsection (9) entitled “Loading, unloading, opening boxes” of Section 10-51 entitled “Prohibited; unnecessary noise standard” of Chapter 10 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Nuisances” is amended to read as follows:
(9) Loading, unloading, deliveries, opening boxes. The creation of an unlawful loud and excessive noise resulting indirectly or directly from any loading, unloading, or delivery to any party that generates sound within or projects sound into a residential use district between the hours of 6:00 p.m. and 7:00 a.m. or any other loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers;
SECTION II. Subsection (c) entitled “Classification of use districts; Residential, manufacturing, commercial” of Section 10-53 entitled “Decibel provisions” of Chapter 10 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Nuisances” is amended to read as follows:
(c) Classification of use districts: Residential, manufacturing, commercial. It is unlawful to project directly or indirectly cause a sound or noise, excluding noise emanating from cars, trucks or motorcycles, from one property into another, generated within and/or projected into the boundary of a use district which exceeds either the limiting noise spectra set forth in Table I below, or exceeds the ambient noise level by more than three decibels.
SECTION III. Subsection (c)(2)(b) of Section 10-53 entitled “Decibel provisions” of Chapter 10 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Nuisances” is amended to read as follows:
b. The slow meter response of the noise level meter shall be used in order to best determine that the average amplitude or any intermittent or repeated action including but not limited to loading and machinery operation has not exceeded the limiting noise spectra set forth in Table 1.
SECTION IV. This ordinance shall take effect upon its second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Councilman Britto
Thomas Riley, 3620 Pawtucket Avenue (02915) notes he would like to speak on the matter as to what this is for.
Assistant Mayor Britto states that it is for trash haulers and abutters who live in residential areas.
Councilwoman Sousa requests more information on what it is for and how they will regulate the decibel sounds etc…
A motion to continue the ordinance to the June 6, 2017 Council Meeting is made by Assistant Mayor Britto, seconded by Councilman Faria and on a roll call vote it is unanimous.
XI. LICENSES NOT REQUIRING PUBLIC HEARING
A motion to extend the meeting 15 minutes beyond the curfew is made by Councilwoman Sousa, seconded by Assistant Mayor Britto and on a roll call vote it is unanimous.
A. Vict/Not over 25 – Transfer
Transfer from Rumford Food Mart, Inc. to Rumford Food Mart & Deli, LLC, 1246 Pawtucket Avenue (02916), Divesh N. Patel, 140 Snyder Road, Somerset, MA 02726.
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. Holiday Sales – Transfer
Transfer from Rumford Food Mart, Inc. to Rumford Food Mart & Deli, LLC, 1246 Pawtucket Avenue (02916), Divesh N. Patel, 140 Snyder Road, Somerset, MA 02726.
A motion to approve the license is made by Councilwoman Sousa, seconded by Assistant Mayor Britto and on a roll call vote it is unanimous.
C. Vict/Not Over 25
The Burrito Bowl, LLC, 809 Broadway (02914), Hipolita Thimas, 213 Paradis Avenue, Woonsocket (02895).
Mr. Edward Thimas is present and notes he has been a cook for over 10 years.
A motion to approve the license is made by Councilman Faria, seconded by Councilwoman Sousa and on a roll call vote it is unanimous.
D. Hawker – 3 Locations
Keith M. Lambert DBA Keystone Novelties Distributors, LLC, 201 Seymour Street, Lancaster, PA 17603, Keith M. Lambert, 1455 Wallum Lake Road, Pascoag (02859).
Neil Shaw from Attleboro, MA is present.
1. 1235 Wampanoag Trail
A motion to approve the license for this location is made by Assistant Mayor Britto, seconded by Councilwoman Sousa and on a roll call vote it is unanimous.
2. 750 Taunton Avenue
A motion to approve the license for this location is made by Assistant Mayor Britto, seconded by Councilwoman Sousa and on a roll call vote it is unanimous.
3. 40 Highland Avenue
A motion to approve the license for this location is made by Assistant Mayor Britto, seconded by Councilwoman Sousa and on a roll call vote it is unanimous.
XII. NEW BUSINESS
A. City Managers Report (by Acting City Manager Timothy
Chapman)
1. Sewer rates presentation and discussion
The consultants are present and provide a power point presentation and answer questions.
The City Manager notes he will bring the back in two weeks for the passage of an ordinance.
Councilman Botelho thanks the consultants for their time he notes he found it informative and learned something over the last few weeks with the work sessions. Because of the high usage he thought if a person used a lot of water they could get it adjusted. The one thing that people are super upset about is the high sewer use fees in the summer. If option 4 is the fairest way they should do it. They are charging them for services they do not use.
Faria notes that he is of the same position and concurs. He appreciates the testimony but has to think of what the taxpayer can pay.
The rate consultants explain that in the end if there was perfect data then option 4 would have the winter consumption but as stated they don't know what that is. The problem is because of those estimates. There is no confidence the city will get the revenues they project. If it’s short the tax revenue will have to make it up. If it’s high on revenue then they made a mistake. What they are saying is they don't have the information to let the council know they may have if monthly billing had been in existence earlier.
Councilman Botelho asks if there is an algorithmic process to figure this out.
The rate consultants explain they can do it they are just not as confident in doing it and there are implementation issues which have not been fully vetted.
Councilman Botelho asks when they will be able to do it.
The rate consultants explain that to do it properly would be April of next year and implemented for fiscal year 2019.
The City Manager states option 4 increases the fixed rate and option one does as well options 2 and 3 phases it in.
Councilman Faria states he is not trying to be arbitrary it’s just he is trying to get some relief for taxpayers. This will entice them to fill their pools and water their lawns. If they are elderly they don't use water or sewer much.
The rate consultant states he understands he worked in Flint and understands who can afford it. He voted on sewer rates for 30 years when he was in their position. They understand and appreciate the position the council is in the issue is that they have a problem right now. A huge subsidy is present. The large users are paying a very large amount.
Councilman Botelho states he knows they can’t get rid of the sewer fee but they can make it fair.
The rate consultants explain the accuracy problem is the winter information which is in the billing data base now. The question is, is it is true and accurate? If they go on winter consumption the winter water use will be based on this past winter and they want to use the average of the 3 and they don’t have that luxury.
Mayor Briden states that option 3 is a phasing in approach and for the low volume customer the increase is gradual over time. He asks if there is an issue with option 3 now and then looking at option 4 next year.
Councilwoman Sousa states her concerns are what the city manager mentioned which is where does most of the consumption come from as they want to make sure they are providing good service and making the revenue they need but also not to increase the costs.
Councilman Faria notes this is a good point and that the council is faced with great challenges.
2. Water Tank Bid
The City Manager reports on the water tank bid and states he is pleased to announce one bid from Atlas painting and a sheeting for $1,540,000 and to add the East Providence logo an additional $14,000. This is substantially lower than what was projected. Steve Coutu and Jim Marvel both looked at the bids and recommended acceptance of this bid.
Councilman Botelho thanks everyone and asks if it will be done this summer.
Steve Coutu states they will mobilize towards late summer and painting in the fall. They need to take the tank out of service for about a month and half to two months.
Councilman Botelho states that $14,000 is a deal in another community it was $250,000 for a decal.
A motion to approve the as proposed with the East Providence logo is made by Councilman Botelho, seconded by Councilman Faria and on a roll call vote it is unanimous.
3. 2016 REAP member rebate
The City Manager reports that the City’s RIEAP portion was $233,000 and extended and they continue to reap the benefits from it.
B. Council Members
1. Naming of the Watchemoket Sculpture Garden (by Mayor Briden)
This item was deferred to the next meeting.
2. Mission Statement – Budget 2017-2018 (by Councilman Botelho)
This item was deferred to the next meeting.
3. National Grid Utility Maintenance-Road Resurfacing Issues (by Councilman Botelho)
This item was deferred to the next meeting.
4. Neighborhood Meeting Announcement for Proposed Development at Old Platt Waters School (by Councilman Faria)
Councilman Faria announces this public meeting will be held June 1st.
5. Riverside Middle School Turn Around Repaving Status (by Councilman Faria)
This item was deferred to the next meeting.
6. State Street Update – Invasive Species Mitigation Treatment (by Councilwoman Sousa)
This item was deferred to the next meeting.
7. Townie Pride Park Clearing Out Overgrowth Status (by Councilwoman Sousa)
This item was deferred to the next meeting.
8. Day of Portugal Announcement Reminder (by Councilwoman Sousa)
Councilwoman Sousa announces this event will be held on June 7th flag raising and on June 10th parade and Day of Portugal.
9. Discussion of votes taken on resolutions and ordinances at the previous Council Meeting of May 2, 2017 (by Councilwoman Sousa)
Councilwoman Sousa discussed this item following during the consent calendar portion of the docket.
C. Reports of Other City Officials
1. Claims Committee Report (by City Solicitor Gregory Dias)
This item was continued to the next meeting.
D. Report of School Committee Liaison
There was no report.
E. Resolutions
1. RESOLUTION IN SUPPORT OF S0136 TO REPEAL THE SUNSET PROVISION FOR THE STATE HISTORIC TAX CREDIT PROGRAM
WHEREAS, Senate Bill 0136, an Act Relating to Taxation–Historic Preservation Tax Credits 2013 has been introduced in the Rhode Island State Senate; and
WHEREAS, this Act proposes to repeal the June 30, 2017 Sunset provision for the existing Historic Tax Credit program; and
WHEREAS, preservation and renovation of historic structures contribute significantly to the Rhode Island economy by creating thousands of new construction and permanent jobs, generating state and municipal tax revenue, increasing public safety and upgrading the quality of life in communities; and
WHEREAS, the 2013 State Historic Tax Credit program has generated $1.7 billion in private investment in the Rhode Island economy; and
WHEREAS, there are a number of historic structures in East Providence which could benefit from participation in the Historic Tax Credit program, especially in our Waterfront District and in our downtown commercial districts; and
WHEREAS, there are currently 29 projects, including the historic Odd Fellows building in Watchemoket Square, currently on the waiting list for the State Historic Tax Credit Program, representing a collective private investment of more than $200 million; and
WHEREAS, if the Sunset provision is allowed to go through, these projects would lose all opportunity to take advantage of the State Historic Tax Credit Program.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of East Providence respectfully requests that all State Senators, Representatives and the Governor support Senate Bill 0136.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Clerk send a copy of this Resolution to the Governor of the State of Rhode Island, the Lieutenant Governor of the State of Rhode Island, the President of the Rhode Island Senate, the Speaker of the Rhode Island House of Representatives and the Senators and Representatives from the City of East Providence.
Requested by: Councilwoman Sousa
This item was deferred to the next meeting.
2. RESOLUTION FOR THE SEWER TIE-IN LOAN FUND (STILF)
A motion to dispense with the reading of this resolution is made by Councilman Faria, seconded by Councilwoman Sousa and on a roll call vote it is unanimous.
WHEREAS, the East Providence City Council desires to enter into contractual arrangements with Rhode Island Infrastructure Bank (RIIB) for the RIIB to provide an amount up to $150,000 in loans to homeowners from the RIIB’s Sewer Tie-In Loan Fund (the Fund).
WHEREAS, this loan program is administered through Rhode Island Housing and Mortgage Finance Corporation (RIHMFC) and the City may apply specific homeowner loan criteria to the program.
WHEREAS, said loan criteria has been reviewed and agreed upon by the City Council.
NOW, THEREFORE, BE IT RESOLVED that the City of East Providence authorizes its City Manager to enter into contractual arrangements with the RIIB and RIHMFC to participate in the STILF program. The City shall issue a promissory note or bond to the RIIB under the authority of Chapter 223 of the Public Laws of 1994 and Resolution No. R-96-211 adopted by the City Council on July 15, 1996. Loan repayments from homeowners are expected to be the source of principal and interest repayments to the RIIB but such loan payment shall also, to the extent necessary, be supported by revenues from the City of East Providence.
The following criteria shall be applied to the STILF loans administered by RIHMFC:
1. The maximum amount of the loan shall be $10,000.
2. The maximum term of the loan shall be five (5) years.
3. There is no income level requirement.
4. Loans shall be restricted to owner-occupied residential property up to and including three (3) units.
5. The property on which the dwelling is located is in decent habitable condition and there are no violations of minimum housing or building code standards which would make it unlikely that the property will continue to be used for dwelling purposes.
6. Loan applicants must provide proof of homeowner’s property and liability insurance.
7. A copy of the appropriate approved sewer connection permit must accompany all loan applications submitted to the RIHMFC.
8. Sewer connection must be made within one (1) year of loan application.
9. The loan shall be payable in full if the property is sold or otherwise conveyed.
10. There shall be no pre-payment penalty.
Upon rejection of an application for failure to meet the STILF criteria, or because a mistake has been made in rejecting the application, any applicant shall have the right to appeal the rejection to the City of East Providence through the City Manager. If it is determined that an applicant has presented sufficient evidence to show that the situation of the applicant is worse than the situation of the applicants who meet the criteria, or a mistake has been made in determining eligibility, the City of East Providence may authorize that the application be forwarded to RIHMFC.
City Clerk of East Providence, Rhode Island
Requested by: Councilman Faria
The City Manager notes there are 15 properties in the Riverside area which will be allowed to take loans out to tie into the sewer. Due to the use of the septic systems and pump outs forbidden on the water by the state the city put in a sewer line to tie into. Residents are anxious to do the tie-ins and this program funding helps them to do it at no cost to the city. They can choose to use it or not.
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 8 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “LICENSES AND BUSINESS REGULATIONS”
A motion to dispense with the reading of the ordinance is made by Councilman Faria, seconded by Councilwoman Sousa and on a roll call vote it is unanimous.
SECTION I. The title of Article VI entitled “Canvassers and Solicitors” of Chapter 8 of the Revised Ordinances of the City of East Providence entitled “Licenses and Business Regulations” is amended to read as follows:
Article VI. Canvassers and Solicitors
SECTION II. Sec. 8-116 entitled “Defined” of Article VI entitled “Canvassers and Solicitors” of Chapter 8 of the Revised Ordinances of the City of East Providence entitled “Licenses and Business Regulations” is amended to read as follows:
For the purpose of this chapter, a "canvasser" or "solicitor" shall be defined as any individual, whether a resident of the city or not, traveling either by foot, wagon, automobile, motor truck or any other type of conveyance, from place to place, from house to house or from street to street, taking or attempting to take orders for sale of goods, wares, and merchandise, personal property of any nature whatsoever for future delivery or services to be furnished or performed in the future whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sales or not, or conducting a survey, poll or requesting a signature for any kind of petition, provided that such definition shall include any person who for himself or for another person hires, leases, uses or occupies any building, structure, tent, railroad boxcar, boat, hotel room, lodging house, apartment, shop or any other place within the city for the sole purpose of exhibiting samples and taking orders for future delivery. Nothing herein shall apply to non-profit, political, civic, religious or charitable organizations.
SECTION III. Sec. 8-117 entitled “Permit and license required” of Article VI entitled “Canvassers and Solicitors” of Chapter 8 of the Revised Ordinances of the City of East Providence entitled “Licenses and Business Regulations” is amended to read as follows:
Sec. 8-117. Permit and lLicense required.
No person as defined in section 8-116 shall solicit or call from house to house in the city to sell or attempt to sell goods by sample, to take or attempt to take orders for the future delivery of goods, merchandise, wares or any personal property of any nature whatsoever, or to take or attempt to take orders for services to be furnished or performed in the future without first having received a written permit and license therefor in compliance with the provisions of this article.
SECTION IV. Sec. 8-118 entitled “Application” of Article VI entitled “Canvassers and Solicitors” of Chapter 8 of the Revised Ordinances of the City of East Providence entitled “Licenses and Business Regulations” is amended to read as follows:
(a) Applicants for a permit and license under this article must file with the city clerk a sworn application, in writing and in duplicate on a form to be furnished by the city clerk, which shall give the following information:
(1) Name and description of the applicant;
(2) Permanent home address and full local address of the applicant;
(3) A brief description of the nature of the business and the goods sold;
(4) If employed, the name and address of the employer, together with credentials establishing the exact relationship;
(5) The length of time for which the right to do business is desired;
(6) The place where the goods or property proposed to be sold or orders taken for the sale thereof are manufactured or produced, where such goods or products are located at the time such application is filed and the proposed method of delivery;
(7) A photograph of the applicant taken within 60 days immediately prior to the date of the filing of the application, which picture shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner;
(8) The fingerprints of the applicant and the names of at least two reliable persons of the city or of neighboring cities and towns who will certify as to the applicant's good character and business responsibility as will enable an investigator to properly evaluate such character and business responsibility or, in lieu of the names of references, such other available evidence as to the good character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and business responsibility;
(98) A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation in any state or of any municipal ordinance in Rhode Island, the nature of the offense and the punishment or penalty assessed therefor. Applicant will present a BCI from the Office of the RI Attorney General and attest to no criminal history, if convicted of a felony, or of a misdemeanor involving fraud, a license shall only be issued with approval of the Chief of Police.
(b) At the time of filing the application, a fee of $3.00 5.00 shall be paid to the city clerk to cover the cost of investigation of the facts stated therein.
SECTION V. Sec. 8-119 entitled “Investigation of applicant; issuance and denial” of Article VI entitled “Canvassers and Solicitors” of Chapter 8 of the Revised Ordinances of the City of East Providence entitled “Licenses and Business Regulations” is amended to read as follows.
Upon receipt of an application for a permit and license, the original shall be referred to the chief of police, who shall cause such investigation of the applicant's business and moral character to be made as he deems necessary for the protection of the public good.
(1) If as a result of such investigation the applicant's character or business responsibility is found to be unsatisfactory, the chief of police shall endorse on such application his disapproval and his reasons for the disapproval and shall return such application to the city clerk, who shall notify the applicant that his application is disapproved and that no permit and license will be issued.
(2) If as a result of such investigation the character and business responsibility of the applicant are found to be satisfactory, the chief of police shall endorse on the application his approval, shall execute a permit addressed to the applicant for the carrying on of the business applied for and shall return such permit along with the application to the city clerk who shall, upon payment of the prescribed license fee, deliver to the applicant his permit and issue a license. Such license shall show the name, address and photograph of such licensee, the class of license issued and the kind of goods to be sold thereunder, the amount of fee paid, the date of issuance and length of time the same shall be operative, as well as the license number and other identifying description of any vehicle used in such soliciting or canvassing and shall contain the signature and seal of the issuing officer. The clerk shall keep a permanent record of all licenses issued and which business the licenses are associated with.
SECTION VI. Subsection (a) of Sec. 8-120 entitled “Fees” of Article VI entitled “Canvassers and Solicitors” of Chapter 8 of the Revised Ordinances of the City of East Providence entitled “Licenses and Business Regulations” is amended to read as follows:
(a) The license fee which shall be charged by the city clerk for canvasser's or a solicitor's license shall be $50.00 $2.00 for the first month or any part thereof, $0.50 for each additional month or $5.00 per year.
SECTION VII. Sec. 8-121 entitled “Term” of Article VI entitled “Canvassers and Solicitors” of Chapter 8 of the Revised Ordinances of the City of East Providence entitled “Licenses and Business Regulations” is amended to read as follows:
All annual licenses issued under the provisions of this article shall expire on December 31 in the year when issued. All licenses other than annual licenses shall expire on the date specified in the license.
SECTION VIII. Sec. 8-122 entitled “Exhibition” of Article VI entitled “Canvassers and Solicitors” of Chapter 8 of the Revised Ordinances of the City of East Providence entitled “Licenses and Business Regulations” is amended to read as follows:
Solicitors and canvassers shall be required to exhibit their licenses at the request of any citizen city resident.
SECTION IX. Sec. 8-123 entitled “Hours permitted” of Article VI entitled “Canvassers and Solicitors” of Chapter 8 of the Revised Ordinances of the City of East Providence entitled “Licenses and Business Regulations” is amended to read as follows:
It shall be unlawful for any person engaged in soliciting or canvassing as described in section 8-116 to call from house to house, unless invited by the occupant to do so, at any time before the hour of 8:00 a.m. or one-half hour after sunset.
SECTION X. Sec. 8-124 entitled “Enforcement of chapter” of Article VI entitled “Canvassers and Solicitors” of Chapter 8 of the Revised Ordinances of the City of East Providence entitled “Licenses and Business Regulations” is amended to read as follows:
It shall be the duty of any police officer of the city to require any person seen soliciting or canvassing, and who is not known by such officer to be duly licensed, to produce his solicitor's or canvasser's license and to enforce the provisions of this chapter against any person found to be violating this chapter.
SECTION XI. Subsection (a) of Sec. 8-126 entitled “Revocation” of Article VI entitled “Canvassers and Solicitors” of Chapter 8 of the Revised Ordinances of the City of East Providence entitled “Licenses and Business Regulations” is amended to read as follows:
(a) Permits and Licenses issued under the provisions of this article may be revoked by the city manager chief of police after notice and hearing for any of the following causes:
(1) Fraud, misrepresentation or false statement contained in the application for license;
(2) Fraud, misrepresentation or false statement made in the course of carrying on his business as solicitor or as canvasser;
(3) Any violation of this chapter;
(4) Conviction of any crime felony or misdemeanor involving moral turpitude;
(5) Conducting the business of soliciting or canvassing in an unorderly and unlawful manner or in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public.
SECTION XII. Sec. 8-127 entitled “Appeal from denial” of Article VI entitled “Canvassers and Solicitors” of Chapter 8 of the Revised Ordinances of the City of East Providence entitled “Licenses and Business Regulations” is amended to read as follows:
Any person aggrieved by the action of the chief of police or the city clerk in the denial of a permit or license as provided in section 8-119 8-118 shall have the right of appeal to the city council. Such appeal shall be taken by filing with the council, within 14 days after notice of the action complained of has been mailed to such person's last known address a written statement setting forth fully the grounds for appeal. The council shall set a time and place for a hearing on such appeal, and notice of such hearing shall be given to the applicant in the same manner as provided in section 8-126 for notice of hearing on revocation. The decision and order of the city council on such appeal shall be final and conclusive.
SECTION XIII. Article VI entitled “Canvassers and Solicitors” of Chapter 8 of the Revised Ordinances of the City of East Providence entitled “Licenses and Business Regulations” is amended by adding thereto the following:
Sec 8-128. Registration of businesses.
Any business that conducts door-to-door soliciting shall register with the City Clerk’s office and shall provide a list of all solicitors operating in the city. The business shall be responsible for ensuring all solicitors acting on behalf of the company, whether an employee or contractor, is licensed. The registration cost shall be on the following fee scale and all businesses shall renew registration on an annual basis as defined in section 8-121.
Businesses with five (5) or less solicitors - $100
Businesses with over five (5) and under twenty-five (25) solicitors - $250
Businesses with twenty five (25) or more solicitors - $500
SECTION XIV. Article VI entitled “Canvassers and Solicitors” of Chapter 8 of the Revised Ordinances of the City of East Providence entitled “Licenses and Business Regulations” is amended by adding thereto the following:
Sec 8-129. Penalties for non-compliance.
(a) Anyone engaging in door-to-door solicitation without a license or who is non-compliant with the allowed timeframe or other rules established herein shall be subject to the following penalties:
First offense - $100
All subsequent offenses - $250 to $500 fine and up to 30 days in jail.
(b) Any business failing to register or registers but does not disclose all door-to-door solicitors working on their behalf or who uses unlicensed solicitors shall be subject to the following penalties:
First offense - $100
All subsequent offenses – minimum of $250 to a maximum of $500 fine and loss of right to operate door-to-door solicitation in the city.
SECTION XV. This ordinance shall take effect upon its second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Councilman Faria
A motion to approve the Ordinance for first passage is made by Councilman Faria, seconded by Councilman Botelho and on a roll call vote it is unanimous.
A motion to continue all the items which did were not covered at this meeting to the next Council Meeting Docket of June 6, 2017 is made by Councilman Faria, seconded by Councilman Botelho and on a roll call vote it is unanimous.
The City Manager calls for a moment in honor of Fire Fighter Scott Grace who passed away suddenly and noted that the Fire Department gave a beautiful tribute today.
XIII. ADJOURNMENT
A motion to Adjourn at 11:19 P.M. is made by Councilman Faria, seconded by Councilwoman Sousa and on a roll call vote it is unanimous.
Approved By Council: June 6, 2017
Attest: _______________
City Clerk