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CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
November 7, 2017
6:30 P.M.
Council Chambers, City Hall, 145 Taunton Avenue, East Providence, RI 02914
6:30 P.M. Council May Call An Executive Session, Room 101
7:30 P.M. Open Session
*** Note Assistant Mayor Britto is absent.
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. Gloria DeMello
B. Pending Claims
1. Thomas C. Riley
C. Claims for Reconsideration
1. Sean Lariviere
D. Sewer Charge Abatements
1. Sandra Camara
2. Jennifer Hogan
3. Luisa Maciel
4. John Martins
5. Hannelore Moniz
6. Franklin O’Dell
7. Kelly A. Sheedy
8. Taylor Drive Associates
E. Collective Bargaining:
1. School Committee Request for Approval of Final Tentative Agreement between East Providence School Committee and the Administrative Assistants (Secretaries) Union (EP Educational Secretaries/NEARI).
2. School Committee Request for Approval of Final Tentative Agreement between East Providence School Committee and the Custodians Union (Council 94).
II. OPEN SESSION
III. CALL TO ORDER
Mayor Briden calls the meeting to order at 7:30PM.
IV. SALUTE TO THE FLAG
V. TO APPROVE THE CONSENT CALENDAR
A. Letters
1. 0 Kettle Point Avenue (02914), 27-29 Kettle Point Avenue, Map 209, Block 03, Parcel 001.70, Zoning KP.
2. 0 Kettle Point Avenue (02914), 31-33 Kettle Point Avenue, Map 209, Block 03, Parcel 001.70, Zoning KP.
3. CRMC Notice of Semi-Monthly Meeting, Tuesday, October 24, 2017, 6:00 P.M., Administration Building, Conference Room A, One Capitol Hill, Providence (02908).
4. CRMC Notice of November 2017 Calendar.
B. Alcoholic Beverage Class F
1. Our Lady of Loreto Church, 386 Waterman Avenue, Brazilian Feast, Saturday, November 11, 2017.
C. Cancellation/Abatements
Year Amount
2013 $385.06
2014 $218.89
2015 $283.21
2016 $189.02
2017 $5,230.06
Total $6,306.24
D. Council Journals
1. Council Journal Regular Meeting October 17, 2017
A motion to approve the Consent Calendar is made by Councilman Botelho, seconded by Councilman Faria and on a roll call vote it is unanimous 4-0 with Assistant Mayor Britto absent.
VI. COMMUNICATIONS
A. Gary Menissian, Ocean State Multisport, 98 James Street (02914), Road Race on August 12, 2018.
A motion to approve the Road Race is made by Councilwoman Sousa, seconded by Councilman Faria and on a roll call vote it is unanimous with Assistant Mayor Britto absent.
B. Edie Weinstein, 46 Bridgham Farm Road (02916) requesting to address the Council regarding discussion of the “Do Not Enter” sign at Pleasant Street and Pawtucket Avenue and requesting it to be removed.
At the applicants request this item was deferred.
VII. PUBLIC COMMENT
A. Terry Smith, 17 Pleasant Street (02916) – Do not enter sign- in favor of.
B. Edward Ross, 2 Bridgham Farm Road (02916) – Do no enter sign – in favor of.
C. Maen Janordi, 327 Warren Avenue (02914) – Four Corners Food Market, Inc. – Tobacco License – this item was deferred
D. Jason Desrosiers, 8 Village Green North (02915) – Mayor’s Salary
E. Paula Gonsalves, 30 Miller Street (02916) – Do not enter sign – against
VIII. COUNCIL MEMBERS
A. Establishing Salary for Future Mayor by Ordinance (by Mayor Briden)
Paul Luba is called to the podium to discuss the salaries for the position of mayor. He notes the studies he has done and the issue is that every mayor with the exception of Woonsocket has a chief of staff and the chief of staff in some cases makes as much as the mayor. He feels that if the council members are going to choose not to have a chief of staff then they need a mayor who is multi-faceted who knows finances and administration and then will probably need to pay more for that person. The data from the state website would note that $87,000 is the average range with a high of $113,000 in Providence to a low of $71,000 with a chief of staff. The average for the top 4 largest cities is about $96,000 without Providence it is $91,000. The chief of staff average is $78,000 and ranges from $120,000 in Providence to $57,000 in Cumberland. The average chief of staff for the top 4 is $86,000. If you are asking a mayor to be at least the equal of a city manager, yet most mayors make far less than city managers and it is partly because of the chief of staff but in Woonsocket there is none and the mayor handles everything. In general mayors are underpaid and he suggests a salary that is comparable for what the city wants them to do and that is to run the show administratively.
Councilman Faria asks Mr. Luba what city he would feel is most comparable to East Providence.
Mr. Luba responds Pawtucket. Pawtucket however does have 71,000 in population to East Providence’s 47,000.
Councilman Botelho agrees with Mr. Luba that mayors are drastically underpaid. They are managing a $180 million corporation. They want to attract the best and brightest instead of just looking at a mayor’s salary they have to look at what that office will look like. Running for a seat today is much different than years ago. There are different avenues for response such as social media etc… having a chief of staff is important to running the city. The mayor represents the heart and soul of what people voted for out in the public on a daily basis. The city manager manages, the mayor more deals with maybe a 4-5 person staff. They should look at the whole picture and craft an office as a model for the whole state.
Councilwoman Sousa states they may want to collectively work on the office makeup first and then salaries and then set a budget.
Councilman Botelho notes that in terms of cost of impact to the tax payers they may want to take the city manager budget and look at some other positions in the administration that could be rolled into that office. They could adequately fund the mayor’s office and it wouldn't cost the tax payers one more penny and maybe a work session to discuss further would be best.
Mr. Luba notes that is a good idea.
Councilman Botelho states they can look at how it appears in the budget so that they do not increase costs but give more accountability.
Mayor Briden asks if the council wouldn’t want the person who gets elected to participate in this discussion to have input on what they would want their staff to look like. If someone is going to run for that office soon, to announce a salary is relevant to that decision. If this is set by ordinance the other positions don't have a bearing on that. He feels $90,000-$95,000 is solid and is the median. There are various ways of constructing a mayor’s office. He feels it’s in the best interest of the city to establish the salary very soon. A person that is working for a company or in a high level position has to plan far in advance for this kind of decision. If the city wants people to leave good positions in the private sector they need to let them know what the salary would be.
Councilwoman Sousa states that they want someone who cares to run, they don't run for public office for a salary they run for passion.
Mayor Briden notes that someone could have a really good heart but could read financial statements and understands the relevant laws and perimeters. The City really wants someone who is in or had a comparable experience in the private sector maybe a senior vice president in a large corporation.
Councilman Botelho states he understands what is being said the council is a part time position and hopefully the candidate will have their heart in the right place. As far as time, he doesn’t see why they can't have a couple of work sessions between now and the next council meeting and pound it out. The council still determines the budget and staff.
Mayor Briden notes that he doesn’t think they should wait too much longer.
Councilman Botelho requests the City Clerk to poll the Council to meet in the next 2 weeks.
Councilman Faria asks Mr. Luba what his opinion is on the chief of staff making more than the actual mayor.
Mr. Luba states he doesn’t think that is a good idea.
B. East Providence Waterfront Commission – Efficacy Review (by Councilman Botelho)
Councilman Botelho states he put this item on the docket due to events which happened over the last month or so. Mr. Bachrach expressed concern regarding an impending vote regarding affordable housing on the waterfront. The majority of the council voted in favor of Mr. Bachrach’s concerns. Recently they heard the Waterfront Commission voted in opposition to the majority of the council. The council votes one way and those appointed by the council to a body vote another. There was a similar incident a year and a half ago regarding Cumberland Farms and thankfully the City Council went to court and sued the Zoning Board and reversed the decision. He adds that the situation caused him to look a lot closer at what this board does and how it originated. The Waterfront Commission was formed in June 2003 by enabling legislation. The East Providence Waterfront District was created as a combination of the city and the state. It is outlined in the legislation that the district shall perform within the comprehensive plan of the city. Going back to Mr. Bachrach and Diane Feather it clearly states the amount of affordable housing adopted by the comprehensive plan. Obviously, the Waterfront Commission is not paying attention to that. The membership is 19 members the thing is they get about 7 members at one meeting taking votes with only 6 members at times and creating their own hearing panel which only requires 3 members who are taking votes. How can they vote without a quorum? September 21st and August 23rd for example. Also, a lot of minutes are not even posted. Some are only on the Waterfront Commission website. Meetings are taking place which are not even posted. Who was there or what did they do? They do stuff the council cannot do. The council needs to review this. There is no meeting where anywhere near 19 have shown up it’s usually a handful of people.
Solicitor Dias is asked to contact the Commission and request someone to attend a future Council meeting.
Councilman Botelho asks the Solicitor if 7 is a quorum and how the board can be taking votes.
Solicitor Dias states he is not sure if anyone else was present.
Councilman Botelho states there was not.
C. City Policy – Abandoned and Boarded-up Buildings (by Councilman Botelho)
Councilman Botelho states there was a fire in Riverside about a month ago at an abandoned building. Fortunately, it was not next to anything but they do have a situation when a particular building is boarded up for long periods of time. Currently, there is one on the corner of Pawtucket Avenue and the Wampanoag Trail. He adds that he had a conversation with City Manager Chapman who explained they really don't have a policy per se to motivate people or organizations to improve them and that conversation led to a conversation with the Solicitor and a possible solution was discussed. Solicitor Dias explained there are certain cities and towns which have started programs where they generate a list of abandoned properties and nuisances and file a petition with the superior court and ask the court to notice the owners of the property to require them to maintain the property and do something and if they don't the court appoints a receiver to require this to occur. They have this policy in Central Falls, West Warwick, Pawtucket and Providence. Other communities have been looking into this too and the city would identify those properties and petition them via superior court to make them do it or impose a receivership. He adds that he feels this would motion for them to act or get off the pot. He asks the City Manager if they could have an outline of the policy to bring before council.
The City Manager responds yes they could do it very quickly.
Councilman Faria notes that he is very happy Councilman Botelho put this on the docket today as they recently had a fire at Leonardo Farms. He commends Fire Chief Elmasian and the East Providence Fire Department. He notes he just happened to be at the gas station on the phone when he heard the fire trucks. The building had been abandoned approximately 30 years ago. It was a very serious fire and they were very fortunate.
D. City Social Media Policy (by Councilman Faria)
Councilman Faria states he first received the policy via an email and thought it was an FYI and thought it related to city employees only. However, there is a section directed at the Council. The Council are not city employees, they are an elected governing body. He calls Director of IT, Kelly Ahrens to the podium.
Director Ahrens states the policy has been in process since June or July.
Councilman Faria asks if she wrote it by herself as when he asked the City Manager he said he wrote it with the City Solicitor.
City Manager Chapman states that he actually said they collaborated on it with the Human Resource Director.
Councilman Faria asks why the only name on it is that of the Director of IT.
Director Ahrens states that like the employee handbook it was a collaborated effort. The other two were all done at the same time and this one was put off to allow her more time to work on it.
Councilman Faria states that legislative intent and actual language can be misconstrued. He asks if she recalls receiving an email from him and responding and noting it was to go to the law department for revisions and he asks what happened.
Director Ahrens states they are still in discussion over it.
Councilman Faria states it is ambiguous and broad and that he completely supports the portion relating to city employees but objects to the part specific to city council. He asks the City Clerk if she signed off as it states that city employees needed to sign off.
The City Clerk states yes all employees had to sign off by October 31st.
Councilman Faria states he would like the part referencing the city council removed as according to the policy they are restricted from doing anything.
Director Ahrens states that if they want a department head to come up at a city council meeting all of that can still happen. She adds that Councilman Faria contacted her concerned that it read the opposite but that she told him it does not prohibit that.
Councilman Botelho asks when this policy was constructed which council member or members did she discuss this matter with, the section which relates to city council.
Director Ahrens states she did not include the city council.
Councilman Faria makes a motion to strike the portion which relates to the council.
Councilwoman Sousa states it really should go to the City Manager to remove it.
City Manager Chapman states they took what other cities and towns did and included the city council in there.
Councilwoman Sousa states that she understands the policy is important and this probably needs to be implemented but putting the council on the policy should be retracted. They know there are boundaries and know the channels to make requests. They can't repost from the city website on their own site according to the policy and she feels the way it appears is that they are trying to get things from city employees. They want to make sure their constituency is aware of what is going on and she wants to retract that part.
City Manager Chapman asks if they are directing him to remove the city council members and any other elected officials.
Councilman Botelho notes that Robin did a nice job on an item and he reposted it and now he can't do that anymore with this policy.
Councilman Faria reads the email he wrote noting it directs them not to contact the Facebook advisor. When he needed photos taken he requested Councilwoman Sousa take the photos of a presentation of proclamations and they can't even reach out to the social media person as they would have to go through the City Manager. He adds he has never asked for assistance for a press release.
Mayor Briden states he doesn't see a sense of urgency on this and would like to have some rules and boundaries when it comes to all of this and having the entire council here for this discussion would be best and he would like to put this down for the next meeting.
Councilman Faria states they are always respectful and are not going to dictate and 3 members are in support.
Mayor Briden states he feels they should have the full council here to discuss.
Councilman Faria moves the question and Councilwoman Sousa seconds the motion.
Robin Robinson the On-line Content Developer for the city requests to come to the podium.
Councilman Faria asks when her position was created.
Mrs. Robinson states 3 years ago. She explains that her job entails receiving information from departments and different events in the city etc… and it was implemented for all the wonderful city events to get information out to the residents. However, as they approach election years it is challenging to be fair to everyone. She would like to know what protocols to follow and would like clarification as up until this council it wasn't ever covering political council meetings or politics it was covering city information only.
Councilman Botelho states this is a good question as there is a difference between taking information from the various department and the city council which is also a department. There is a difference between business the council conducts and political items. The question she is asking is the difference between election arming and promoting what a council person is doing for the city and if an issue is to be highlighted i.e. they are passionate about for example the road project and would like her to come with them to take picture of potholes that is not an election item that is addressing a city issue.
Mrs. Robinson states that understands and that is great clarification.
Councilman Faria states he is sorry that she is there but the council was not consulted and for one week there was no response. It is ambiguous language and it could be very problematic.
Mayor Briden notes that his point is that it clarified a certain distinction. It lent clarity to that discussion but never the less there needs to be some sort of policy there is no point in removing it and if they want to redraft and resubmit the council can take a look at it.
Director Ahrens states the original intent was social media and the website. The position was originally created when the Budget Commission was here and the public was speaking for the city and the city didn't define our own message and the entire intent of the Facebook and website was to show the best about East Providence because everyone defined us and we had no voice in it.
Solicitor Dias states that to be clear they are talking about contact with department heads not individual employees.
Councilman Faria states that is right that is already in the charter the council are allowed to ask department heads and not direct them.
City Manager Chapman states he will have the section that pertains to council members and elected officials removed.
Mayor Briden asks if there are no objections at this time he would like to ask Chairman Russo to come forward and provide the numbers from the special election today regarding the Charter Amendments. There is no objection.
Chairman Russo provides the numbers.
1. Terms from 2-4 74% 933
2. Recall 92%
3. Mayor question 78%
4. Appointments 74%
5. Finance Fund Balance 76%
6. Charter Update 83%
Councilman Faria thanks all the members of the Commission and the City Council noting this was history making and also thanked Chairman Russo for coming to the Riverside Renaissance meeting and answering all their questions.
Chairman Russo thanks the council and the mayor who spearheaded the charter commission as well as his long-time friend Councilman Botelho for the appointment. He thanks the rest of council for backing and supporting the commission and thanks Assistant Solicitor Dylan Conley for all his hard work and the voters who turned out to vote.
Assistant Solicitor Conley states he feels there are 2 things the City should be very proud of, the process raised the bar for the entire process in Rhode Island and the result revised the standard for Rhode Island and he looks forward to copying this charter work for the next 50 years.
Councilman Botelho thanks the Charter Review Commission for their work and the product they produced which made it easier to get these kind of numbers and will serve as a model for the rest of the state to follow and he can't compliment them enough for the hard work. He adds he has been waiting 35 years for this.
E. State Street and Culvert Project Update (by Councilwoman Sousa)
Councilwoman Sousa calls Director Coutu to the podium. He states that most of the residents know about this project and he had presented to council that for easement reasons this didn't take place and the city lost the grant money. They went out to bid for the grant again. The city is still in the running which is good RI DEM still has not made any decisions. The city rushed to get the application in but did a great job and he gave a copy to Councilwoman Sousa noting the deadline was the first of August.
Councilwoman Sousa asked about the other permitting.
Director Coutu states the city doesn't control any upland dry areas to place the swale and they want to make sure they get something effective and permitable. They were unable to get the sign off from one property owner. It would require them to close off that section of Warren Avenue and permit easements from all 4 abutting property owners. Three agreed and the fourth did not. They had to then redesign the project and this grant round came around and this new design is part of the submission to RI DEM and they need a sign off from a Massachusetts property owner.
Councilwoman Sousa states the people in that area were excited and it was unfortunate that a business owner in this city would not provide the relief needed this has been ongoing for decades and she will continue to put this item on the docket. If the grant does not get approved she will be asking the council's approval to move forward with this project and fund this project to get relief in this area. It's gone on way too long and the hardship they endure for allowing people to build and fill in areas not supposed to be filled in. She states there was a business who filled in and paved that never should have been allowed to.
Director Coutu states the invasive species project did move forward and the herbicide was applied and the first week of December those will be removed.
Councilwoman Sousa asks what property owner did not allow the easement.
Director Coutu states Jay Kearn owner of Luckys.
Councilwoman Sousa states Jay Kearn did not approve it and because he wouldn't sign off they have to suffer continuously. The city lost that grant, it was a $500,000 grant. He is on the Waterfront Commission.
F. Update Website (by Councilwoman Sousa)
Councilwoman Sousa states she has voiced her concerns regarding the website to the City Manager and the IT Director Kelly Ahrens. It's a great looking website and there are nice photos but it is not user friendly. One of the obvious issues is the information gets lost, a person can't see the numbers as it gets lost in the blue of the sky and water. The information is outdated for example she was trying to contact a department and the number was not accurate. Robin did mention communication between her and the department heads and maybe the department heads could provide a list of updated employees and phone numbers for example so those who have left City Hall are not still on the website. Regarding the city calendar when she looks for a meeting the only thing she sees is the Veterans Advisory Committee and the City Council meetings. She adds she doesn’t feel she should have to go to multiple links and departments to find this out as it is not easy for people to find. There is a disconnect somewhere. Other cities and towns websites are easier. Ours is a messy maze. She requests the City Manager to clean up the website.
Councilman Faria asks about getting all the boards and commission on the website.
G. Holiday Tree Lighting (by Councilwoman Sousa)
Councilwoman Sousa announces the tree lighting this year will be December 1st and more information will follow. It will be the same type of event as last year. There will be Santa and treats and crafts etc… it is the same weekend as Winter Fest and is the perfect time to open the holiday season in the community.
Director Coutu asks residents who wish to donate a tree to call the Department of Public Works at 435-7700.
Councilman Botelho states he has a resident who would like to donate a tree at the corner of Dover Avenue and the Wampanoag Trail her name is Jen Litch.
IX. APPOINTMENTS
A. Affirmative Action Commission – Reappointment (by Councilman Botelho)
Jerome Spinola 200 East Shore Circle (02915)
A motion to approve the Appointment is made by Councilman Botelho, seconded by Councilwoman Sousa and on a roll call vote it is unanimous with Assistant Mayor Britto absent.
B. Affirmative Action Commission – Reappointment (by Councilwoman Sousa)
Rolanda Edmunds, 75Moorland Avenue (02914)
A motion to approve the Appointment is made by Councilwoman Sousa, seconded by Councilman Faria and on a roll call vote it is unanimous with Assistant Mayor Britto absent.
C. Traffic Control (by Councilman Botelho)
John Smith, 27 Church Street, Apt. 10 (02914)
A motion to approve the Appointment is made by Councilman Faria, seconded by Councilwoman Sousa and on a roll call vote it is unanimous with Assistant Mayor Britto absent.
X. ORIDINANCES FINAL PASSAGE - PUBLIC HEARING
A. 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”
***PLEASE NOTE THIS ITEM IS BEING CONTINUED TO A DATE TO BE DETERMINED.
SECTION I. Chapter 8 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Licenses and Business Regulations” is amended by adding thereto the following:
ARTICLE XXIII TOBACCO AND RELATED PRODUCTS
Sec. 8-578. Definitions.
Cigar means any roll of tobacco other than a Cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing more than four (4) pounds per thousand.
Cigarette means: (1) any roll of tobacco wrapped in paper or in any substance not containing tobacco, and (2) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in clause (1) of this definition.
Component part means any element of a tobacco product, including, but not limited to, the tobacco, filter, and paper, but not including any constituent.
Constituent means any ingredient, substance, chemical, or compound, other than tobacco, water, or reconstituted tobacco sheet, which is added by the manufacturer to a tobacco product during the processing, manufacture, or packing of the tobacco product. Such term shall include a smoke constituent.
Cigarette rolling paper is any paper designed, manufactured, or marketed for the purpose of smoking tobacco, marijuana, cocaine, or other organic or mineral matter excluding cigarette paper used in the industrial manufacture of cigarettes or sold inside a container or package with loose tobacco where the number of papers in the container or package is reasonably necessary to roll the loose tobacco in the container or package into cigarettes.
Consumer means a person who purchases a tobacco product for consumption and not for sale to another.
Distinguishable means perceivable by an ordinary consumer by either the sense of smell or taste.
Little cigar means any roll of tobacco other than a Cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing no more than four pounds per thousand. “Little Cigar” includes, but is not limited to, tobacco products known or labeled as “small cigar” or “little cigar.”
Non-cigarette tobacco product means a tobacco product that is not a cigarette.
Package or packaging means a pack, box, carton, or container of any kind or, if no other container, any wrapping (including cellophane) in which a tobacco product is sold or offered for sale to a consumer.
Person means any natural person, partnership, firm, joint stock company, corporation, or employee thereof, or other legal entity.
Sale or sell means any transfer, exchange, barter, gift, offer for sale, or distribution for a commercial purpose, in any manner or by any means whatsoever.
Smoke constituent means any chemical or chemical compound in mainstream or side stream tobacco product smoke that either transfers from any component of the tobacco product to the smoke or that is formed by the combustion or heating of tobacco, additives, or other component of the tobacco product.
Tobacco product means: (1) any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoke, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, and snuff; and (2) any electronic device that delivers nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah. Notwithstanding any provision of clauses (1) and (2) in this definition to the contrary, tobacco product includes any component, part, or accessory of a tobacco product, whether or not sold separately; tobacco product does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose.
Vending machine means any mechanical, electric, or electronic self-service device which, upon insertion of money, tokens, or any other form of payment, dispenses tobacco products.
Sec. 8-579. License required.
It shall be unlawful to sell or to possess with the intention of selling tobacco products within the city without having first obtained a tobacco dealer’s license pursuant to this article. Such license shall be in addition to any other license required by state and/or federal law. A tobacco dealer’s license is valid for one person at one location and may not be transferred from one person to another or from one location to another. Failure to obtain and maintain a valid license shall result in a fine of five hundred ($500) dollars. The fee for the tobacco dealer’s license shall be one hundred twenty-five ($125) dollars per year. All licenses granted under the provisions of this article shall be displayed in a conspicuous place within the business so licensed.
Sec. 8-580. License eligibility.
Licenses shall only be granted to authorize the sale of tobacco products within the city at a fixed location. The sale of tobacco products by persons on foot or from vehicles is prohibited.
Sec. 8-581. License application; term.
Application for a license shall be submitted to the city clerk together with an application fee of fifty ($50) dollars. A tobacco dealer’s license shall be effective through the thirty-first day of December of the calendar year for which it is issued. No license shall be granted without proof that the applicant has obtained all necessary state licenses for the sale of tobacco products.
Sec. 8-582. Requirements and prohibitions applicable to licensees.
(a) No licensee, or employee or agent of such licensee, shall sell or possess with the intention of selling a tobacco product to another person who appears to be under the age of twenty-seven (27) years without first examining the identification of the recipient to confirm that the recipient is at least eighteen (18) years of age which is the minimum age under state law to purchase and possess the tobacco product.
(b) Display of price. The price of each tobacco product offered for sale shall be clearly and conspicuously displayed to clearly indicate the price of the product.
(c) Packaging and labeling. No licensee, or employee or agent of such licensee, shall sell any tobacco product unless such product: (1) is sold in the original manufacturer’s packaging intended for sale to consumers; and (2) conforms to all applicable federal labeling requirements.
(d) Minimum packaging for little cigars and cigars. No licensee, or employee or agent of such licensee, shall sell:
(1) Any little cigar unless it is sold in a package of at least twenty little cigars.
(2) Any cigar unless it is sold in a package of at least six cigars; provided, however, that this subsection shall not apply to a cigar that has a price of at least ten ($10) dollars per cigar.
(e) No licensee shall place any tobacco products within eighteen (18) inches of candy or toys.
(f) No licensee shall engage in the operation of selling cigarettes by vending machine provided, however, that this section shall not apply to:
(1) Cigarette vending machines in establishments where, as a condition of entry to the premises and access to the cigarette vending machine, persons are required to be at least 18 years of age; or
(2) Vending machines equipped and used with operating lock box or similar control device which requires intervention of an adult to obtain cigarettes from the vending machine.
Sec. 8-583. Fines, suspension or revocation of license.
(a) Any licensee that shall engage in the operation of selling cigarettes by vending machine, except as provided above, shall be punished by a fine of not less than $200.00 for the first offense, not less than $300.00 for the second offense, and not less than $500.00 for the third and subsequent offense.
(b) Any licensee, person, firm, corporation, establishment or agency that engages in the operation of selling cigarette rolling papers shall be punished by a fine of not less than $200.00 for the first offense, not less than $300.00 for the second offense, and not less than $500.00 for the third and subsequent offense.
(c) If any licensee, person, firm, corporation, establishment or agency engages in the operation of selling cigarettes to a minor, the police department shall issue a citation that will require the licensee to appear for a show cause hearing before the municipal court. If, after a hearing, the court finds that a violation has occurred, the court shall impose a civil fine of five hundred ($500) dollars for the first offense, seven hundred and fifty ($750) dollars for a second offense, and one thousand ($1,000) dollars for any subsequent offense.
(d) The police department shall enforce the provisions of this article. All licensees shall be subject to a compliance check at least two (2) times a year; violators shall be checked more frequently until two (2) consecutive compliance checks are completed without violation.
(e) The city council may suspend or revoke the license after a second and/or any subsequent offense after a public hearing. If a licensee maintains its license for thirty-six (36) consecutive months without a violation, any new violation shall be treated as a first offense.
Sec. 8-584. Use of premises during license suspension.
During the period of any suspension of a tobacco dealer’s license, the licensee shall remove all tobacco products from the retail display area of the location and secure them in a locked area for the duration of the suspension. If, at any time during the suspension period, the licensee is found to be selling, distributing, or delivering any tobacco products, the license shall be revoked.
Sec. 8-585. Vending machines.
Businesses which have vending machines shall be subject to the same fines and penalties as described in section 8-583 of this article. In the event that a tobacco dealer’s license is suspended or revoked, then the vending machine shall be removed from the licensed location for the period of suspension or revocation.
Sec. 8-586. Use of License fees and fines
One Hundred (100%) percent of the total funds from license fees and fines derived per fiscal year shall be granted to the East Providence Prevention Coalition or to any bona fide successor organization. The application fees shall be appropriated to the city clerk’s office for the costs of license processing.
Sec. 8-587. Severability.
If any provision of this article, or application thereof to any person or circumstances, is held unconstitutional, illegal, or otherwise invalid, the remaining provisions of this article and the application of such provisions to other persons or circumstances, other than those to which it is held invalid, shall not be affected thereby.
SECTION II. This ordinance shall take effect on January 1, 2018 and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Councilman Faria
B. AN ORDINANCE IN AMENDMENT OF CHAPTER 9 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “MISCELLANEOUS OFFENSES”
***PLEASE NOTE THIS ITEM IS BEING CONTINUED TO A DATE TO BE DETERMINED.
SECTION I. Chapter 9 of the Revised Ordinances of the City of East Providence, Rhode Island 1998, as amended, entitled “Miscellaneous Offenses” is amended by adding thereto the following:
Sec. 9-20. Reusable Carryout Bag Initiative--Purpose.
The purpose of this section is to improve the environment in East Providence and the health, safety, and welfare of its residents by reducing the number of plastic and paper bags being used and by encouraging the use of reusable carryout bags and banning the use of plastic bags for retail checkout of goods. Retail establishments are encouraged to make reusable carryout bags available for sale.
Sec. 9-21. Definitions.
As used in this section, the following terms shall have the meanings indicated:
Carryout bag means a bag used by the customer at the point of sale for the purpose of removing products purchased from retail establishments. “Carryout bag” does not include plastic barrier bags, double-opening plastic bags, or plastic bags measuring larger than 28 inches by 36 inches.
Double-opening plastic bag means any thin plastic bag with a double opening (top and bottom) to protect clothing or other items for transport.
Paper bag means a paper bag that is fully recyclable overall and contains a minimum of 40% post-consumer recycled content and contains no old growth fiber.
Plastic bag means a bag where any portion of the bag is made of plastic, including, but not limited to, those called “biodegradable, “compostable” or “oxo-biodegradable”.
Plastic barrier bag means any thin plastic bag with a single opening used to:
a. Transport fruit, vegetables, nuts, grains, small hardware items, or other items selected by customers to the point of sale;
b. Contain or wrap fresh or frozen foods, meat, or fish, whether prepackaged or not;
c. Contain or wrap flowers, potted plants, or other items where damage to a good or contamination of other goods placed together in the same bag may be a problem; or
d. Contain unwrapped prepared foods or bakery goods.
Recyclable plastic means plastic that meets the current Rhode Island Resource Recovery Corporation’s standards.
Retail sales establishment means any enterprise whereby the sale or transfer to a customer of goods in exchange for payment occurring in retail stores, farmers’ markets, fleamarkets and restaurants. This does not include sales of goods at yard sales, tag sales, other sales by residents at their homes and sales by nonprofit organizaitons.
Reusable carryout bag means a bag with handles which are stitched and not heat-fused that is specifically designed and manufactured for multiple reuse. The bag must be made of washable cloth, other durable woven or nonwoven fabric, or durable plastic film that is recyclable plastic with a minimum thickness of four mils.
Sec. 9-22. Regulations.
a. Other than reusable carryout bags as provided in this section, no retail sales establishment shall make available any plastic carryout bags (either complementary or for a fee).
b. All retail establishments that provide plastic produce, product, or double-opening bags must offer a recycling opportunity on site and must recycle any plastic collected in accordance with current laws.
c. Nothing in this section shall preclude persons engaged in retail sales from making reusable carryout bags or paper bags available for sale to customers.
Sec. 9-23. Enforcement; violations and penalties.
a. This section shall be implemented, administered and enforced by the East Providence Police Department or any other City department or division designated by the City Manager.
b. Upon being made aware of a potential violation of this section, the City of East Providence Police Department or other designee shall investigate and determine whether a violation has occurred.
c. If the investigation confirms that a violation has occurred, then the East Providence Police Department or other designee shall give written notice to the owner of the property, the owner’s agent, or the person performing such violation that the violation is occurring and must stop.
d. Such notice shall be in writing and may be served upon a person to whom it is directed, either by delivering it personally to him or her or by posting same upon a conspicuous portion of the property and sending a copy of same by certified mail to the person to whom the notice is directed.
e. The owner, the owner’s agent, or the person performing the violation is responsible for confirming, in writing, that the violation has ceased to the East Providence Police Department or other designee within fourteen (14) days of receipt of the notice.
f. A second violation after the fourteen (14) day response period of the first violation and within one year of receipt of the confirmation that the violation had ceased shall incur a penalty of $150.00.
g. A third violation within one year of the second and any subsequent violations shall incur a penalty of $300.00.
h. Each occurrence of a violation after the first, and each day that such violation continues, shall constitute a separate violation and may be cited as such.
Sec. 9-24. Appeals.
Any violation charged under this section may be appealed, in writing, to the City Manager within fourteen (14) days of receipt of a written notice of violation. The City Manager may waive the individual violation or the requirements of this section on showing of good cause or undue hardship.
SECTION II. This ordinance shall take effect upon its second passage and all ordinances or parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Councilwoman Sousa
C. AN ORDINANCE IN AMENDMENT OF CHAPTER 9 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “MISCELLANEOUS OFFENSES”
A motion to dispense with the Reading of the Ordinance is made by Councilwoman Sousa, seconded by Councilman Faria and on a roll call vote it is unanimous with Assistant Mayor Britto absent.
SECTION I. Chapter 9 of the Revised Ordinances of the City of East Providence, Rhode Island 1998, as amended, entitled “Miscellaneous Offenses” is amended by adding thereto the following:
Sec. 9-19. Property Damage Graffiti
(a) No person shall willfully, maliciously or mischievously write, spray, scratch or otherwise affix graffiti to any natural or man-made surface on any city owned property or on any non-city owned property without the prior consent of such other person.
(b) Public or private property shall include any building, bridge fence or other structure, any street, alley, sidewalk, or other vehicular or pedestrian right-of-way, any article of street furniture, lamppost, bus shelter, newspaper box, or trash receptacle, any tree, rock, or other natural fixture, any utility or public service equipment, or any other personal property located outdoors, whether publicly or privately owned.
(c) Graffiti is defined as any inscription, word, figure, painting or other defacement that is marked, etched, scratched, sprayed, drawn, painted or engraved on or otherwise affixed to any surface of public or private property by any graffiti implement, to the extent that the graffiti was not authorized in advance by the owner or occupant of the property.
This section shall not be construed to prohibit easily removable chalk markings on public sidewalks and streets.
(d) Graffiti implement is defined as any aerosol paint container, broad tipped indelible marker, gum label, paint stick or graffiti stick, etching equipment, brush or other device capable of scarring or leaving a visible mark on any natural or man-made surface.
(e) Any minor or adult violating any provision of this section shall be fined in the amount of $250.00 and/or fifty (50) hours of community service for the first offense and $350.00 and/or one hundred (100) hours of community service for the second offense. At least one (1) parent or guardian of a minor shall be in attendance a minimum of fifty (50) percent of the period of assigned community service.
(f) In addition to any fines, a court shall order all violators to make restitution to the victim for damages or loss caused directly or indirectly by the violator’s offense in the amount or manner determined by the court. In the case of a minor, the parents or legal guardian shall be ordered jointly and severally liable with the minor to make the restitution. Failure of any violator or the parents or legal guardian to make payment will result in the filing of a lien on the violator’s or the parent’s or legal guardian’s property that includes the fine and administrative costs.
(g) Police officers or any authorized officers may issue a citation for any violation of this section. Multiple instances of graffiti shall be treated as separate violations. In addition thereto, the city may initiate a civil action seeking injunctive as well as other relief to prevent violation(s) of this section.
SECTION II. This ordinance shall take effect upon its second passage and all ordinances or parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Councilwoman Sousa
A motion to approve the Ordinance is made Councilwoman Sousa, seconded by Councilman Faria and on a roll call vote it is unanimous with Assistant Mayor Britto absent.
XI. NEW BUSINESS
A. City Managers Report (by City Manager Timothy Chapman)
1. Renewable Energy Project and Net Metering Credit Sales Agreement Presentation
City Manager Chapman states he has Assistant Solicitor Conley and Julian Dash to present as this is something that was brought to the council and there was a packet included for the council with the agreement and it was discussed at length. He adds Councilwoman Sousa was involved from the outset.
Assistant Solicitor Conley states he reviewed the information and he doesn’t feel as though they have sufficient information to determine whether or not they meet the purchasing requirements. He is getting all the documents together and there are two issues, two contracts are being proposed, one with the consultants for sole source and the second is the metering contract. They don’t need to go with the lowest bidder at all times but they need to identify why they don't and to know who is the lowest bidder.
Councilwoman Sousa states there was a letter of intent which was sent to two companies.
Assistant Solicitor Conley states yes.
Councilwoman Sousa states she was at a meeting and there was a brief overview and she has been a part of this since May 10th. Letters were sent to both solar and wind and they were moving forward with a plan and had some questions regarding being able to be up and running and now it feels like they are going backwards with more stipulations.
Mr. Dash states it is more about responding to Assistant Solicitor Conley to make sure he has all the information he needs to complete the transaction.
Councilwoman Sousa states this has been going on for 6 months.
Assistant Solicitor Conley states he cannot review documents he doesn’t have. The way the RFP was originally formatted it is not clear who the lowest bidder is.
Mr. Dash notes this is a $20 million contract and he wants to move as fast as possible.
City Manager Chapman states he thought they would get the information and go back to executive session and discuss that proprietary information. They want to make sure they have the right figures before the Council votes on this.
Assistant Solicitor Conley states there is no discretion on their end and it is a state law they have to make this finding.
Mr. Buckman from Green Development is present to speak.
Mark DePasquale creator of Green Development is also present to speak. He states they are currently in West Warwick and the Narragansett Bay Commission and the Rhode Island Convention Center.
Councilwoman Sousa states she would appreciate it being addressed as soon as possible.
Assistant Solicitor Conley states the State of Rhode Island puts these requirements in to make sure they have reasons for not going with the lowest bidder.
Councilwoman Sousa states she would like this to be expedited.
Assistant Solicitor Conley states that it does need council approval. He can set it up for a council vote next week with an explanation of what is available to go forward and what isn't that way the council will have a guarantee that even if he doesn't get the information the council can still have an option to approve with sufficient showing that the contract they are approving is not the lowest bidder.
2. Energy Efficient Services Project Provider RFP
This was deferred to the next Council meeting.
3. US Census Presentation by US Census Bureau
A presentation was provided to the City Council.
4. School Committee Request for Approval of Final Tentative Agreement between East Providence School Committee and the Administrative Assistants (Secretaries) Union (EP Educational Secretaries/NEARI)
A motion to Approve is made by Councilman Botelho, seconded by Councilwoman Sousa and on a roll call vote is unanimous with Assistant Mayor Britto absent.
5. School Committee Request for Approval of Final Tentative Agreement between East Providence School Committee and the Custodians Union (Council 94)
A motion to Approve is made by Councilman Faria, seconded by Councilwoman Sousa and on a roll call vote is unanimous with Assistant Mayor Britto absent.
Unanimous Consent is granted to move the Utilities Ordinance here.
B. Introduction to Ordinances
1. AN ORDINANCE IN AMENDMENT OF CHAPTER 17 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “UTILITIES.”
SECTION I. Subsection (d) of Section 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:
(d) Any amount unpaid on the due date, after a seven (7) business day grace period, shall be subject to a penalty at the rate of 12 per centum, per annum.
SECTION II. Section 17-37 entitled “Water service” 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:
Sec. 17-37. Water service fees.
Fees for service charges for the following services performed by the water department are hereby fixed as follows:
(1) Installation of water meter .....$50.00
(2) Testing water meter under existing regulations or when requested by customer:
a. 1-inch and smaller .....25.00 No charge
b. 1.5-inch and larger .....Actual cost
(3) Turning off or turning on water after working hours at request of customer (non-emergency): Actual labor cost
(4) Turning on water after customer pays delinquent bill .....25.00
(5) Shut off charge (for nonpayment) .....50.00
(6) Fire protection service sprinkler or private hydrant:
a. Six-inch pipe serviced to property, annual .....225.00
b. Eight-inch pipe services to property, annual .....300.00
c. Two-inch pipe serviced to property, annual .....100.00
d. Sprinkler system on domestic service .....100.00
(7) Fire flow test .....100.00
(8) Final reading and closing statement .....25.00
(9) Frozen meter: Actual repair cost
(10) Bacteria sample—New water main disinfection .....40.00
SECTION III. 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 by adding thereto the following:
Sec. 17-38. Water shutoff hardships.
The city administration shall be charged with establishing a water service shutoff policy pursuant to the following conditions;
(1) Those seeking relief from water shutoffs due to financial or medical hardships will appeal to the city’s administrative process for relief. Medical hardship is defined as a medical condition of a customer or member of the customer’s household in which the cessation of water service would create a health hazard. Medical documentation of the condition must be presented to substantiate the hardship. Financial hardship is defined as a death, disability or incapacity of the customer or a member of the customer’s household that causes a substantial impact on the income of a customer or customer’s household. Financial documentation of the loss must be presented to substantiate the hardship.
(2) Appeals of the city administration decision regarding a “water shutoff” for medical or financial hardships may be appealed to the city council sitting as the claims committee within 7 days of the city administration’s decision. Appeals must be heard within 21 days upon receipt by the city.
(3) Upon the filing of a hardship request with the city administration by a customer, the customer’s shutoff shall be stayed until the matter is heard and decided by the City Council. Should a hardship not be granted, the customer shall have five (5) business days to pay prior to shutoff.
(4) Any substantive changes to the administration’s shut-off policy shall be transmitted to the city council and entered into the record. The new policy shall not take effect for thirty days after transmittal and shall be posted on the city’s website.
SECTION IV. Subsections (e) and (g) of Sec. 17-183 entitled “Charges to be based upon water consumption; rate” of Article III entitled “Sanitary Sewer System” of Chapter 17 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Utilities,” are amended to read as follows:
(e) Any amount unpaid on the due date, after a seven (7) business day grace period, shall be subject to a penalty at the rate of 12 per centum, per annum.
(g) Upon written request of the property owner, an adjustment of an excessive sewer consumption charge may be approved by the city council sitting as the claims committee with a review and recommendation by the director of public works if the request meets all of the following conditions:
(1) The excessive consumption must exceed the average of three (3) prior years same period consumption at the property by 33 percent.
(2) Excessive use cannot be caused by change in use, i.e., added living units or conversion from residential to commercial.
(3) If the property was billed for water that did not enter the sewer system during a specific time period, the customer shall provide documentation from a licensed plumber supporting the occurrence and repair of the leak, along with a copy of the paid repair receipt. The customer may also provide additional documentation to prove that water did not enter the sewer system to the satisfaction of the director of public works. The average usage for the property will be determined by meter readings. This average will be compared to the period in question, to establish whether or not an adjustment is warranted.
(4) If the customer is unable to provide documentation as noted in the section above, the adjustment to the sewer consumption charge will be computed in accordance with the following formula:
Total billed consumption, minus prior year same period consumption, equals excessive consumption. Excessive consumption divided by two, plus normal consumption, equals the total adjusted consumption upon which the adjusted sewer consumption charge will be calculated. The calculation will be made using the sewer charges in effect for the billing period in question.
(5) The adjusted amount will be deducted from the amount owed if the bill is unpaid or credited to the account if the bill has been paid. There will be no adjustment of interest charges unless the written request had been received prior to the due date of the bill.
SECTION V. This ordinance shall take effect upon its second passage and all ordinances or parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Councilman Faria
Councilman Faria states that he and Councilman Botelho worked hard on this ordinance and did a lot of research. They met with administration, the City Manager, the Solicitor and the Water Department, Jim Marvel and Steve Coutu. They feel this is a comprehensive ordinance that covers everything that was discussed and will provide for the same due process given those appealing property taxes because like those taxes a person can now have their water shut off and their property sold for nonpayment of water bills.
Mr. Marvel indicated that he thinks the current process works and would rather it not change however if the Council wishes to make the change they will adjust.
Councilman Botelho notes that the mailing to process takes 7 days now and they have to go through the hassle of having a penalty removed from their bill.
Director Moore states that it all that comes in during the first and second and they try to get it posted and interest is being applied and has to be taken off and taxpayers are unhappy with the processing issue.
Councilman Botelho states that 2 days is not enough 7 days is better. This was if a resident complains if it can't get done by 7 days then there is nothing they can do for them. If it means getting billed later in the cycle then that is the trade-off. Also in his opinion to determine hardships it would be handled like a claim and would come to the council. According to the City Manager there is only a few so they don't anticipate it changing things.
Councilman Faria states that if there is one case then that is what this is here for. He notes his agreement with 7 calendar days. Adding the collection policies stay the same. They must see the administration first and a stay is only until that next meeting for a maximum of 21 days but it provides a fair shake.
A motion to approve the Ordinance for First Passage with the amendment of 7 business days being changed to 7 calendar days is made by Councilman Faria, seconded by Councilwoman Sousa and on a roll call vote the motion passes 3-1 with Mayor Briden voting Nay and Assistant Mayor Britto absent.
C. Reports of Other City Officials
1.Claims Committee Report (by City Solicitor Gregory Dias)
Pursuant to R.I.G.L. § 42-46-5(a)(2), a motion is made by Councilwoman Sousa and seconded by Councilman Botelho to convene in closed session for the purposes of discussing claims & litigation. Upon a roll call vote: Councilman Botelho – Aye, Assistant Mayor Britto – Absent, Councilman Faria – Aye, Councilwoman Sousa – Aye, Mayor Briden – Aye, the motion is approved 4-0.
EAST PROVIDENCE CLAIMS COMMITTEE
CLAIMS & LITIGATION REPORT
TUESDAY, NOVEMBER 7, 2017; 6:30 P.M.; ROOM 101
====================================================================
NEW CLAIMS
GLORIA DeMELLO Unspecified
RM No. 17-081, Claim No. 17-046
Claim for personal injuries sustained as the claimant was crossing North Broadway and Center Street when her foot got stuck on a piece of metal sticking up causing her to fall. Recommend referral to the insurance carrier.
Motion by: Councilman Botelho Seconded by: Councilwoman Sousa
Motion: Refer the claim to the insurance carrier.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | √ | | | |
PENDING CLAIMS
THOMAS C. RILEY $3,200.00
RM No. 16-118, Claim No. 17-039
Claim for water/sewer bill overcharge due to a faulty meter. See recommendation of the Director of Public Works.
Motion by: Councilmen Botelho and Faria Seconded by: Councilwoman Sousa
Motion: Defer the claim.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | √ | | | |
CLAIM FOR RECONSIDERATION
SEAN LARIVIERE $576.63
RM No. 17-062, Claim No. 17-045
Claim for personal injury (broken thumb) sustained by claimant’s son while participating in the Recreation summer camp at Silver Spring Park. The Claims Committee voted at its meeting held on October 3, 2017 to deny the claim. Claimant is asking for reconsideration.
Motion by: Councilman Faria Seconded by: Councilwoman Sousa
Motion: Deny the claim.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | √ | | | |
SEWER CHARGE ABATEMENTS
SANDRA CAMARA $401.14
Request for a sewer charge abatement for the property located at 9 Kent Avenue in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilman Botelho Seconded by: Councilman Faria
Motion: Approve the sewer charge abatement in the amount of $401.14.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | √ | | | |
JENNIFER HOGAN $687.36
Request for a sewer charge abatement for the property located at 11 Pinecrest Drive in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilman Faria Seconded by: Councilwoman Sousa
Motion: Approve the sewer charge abatement in the amount of $687.36.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | √ | | | |
LUISA MACIEL $264.20
Request for a sewer charge abatement for the property located at 96 Jenks Street in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilman Faria Seconded by: Councilwoman Sousa
Motion: Approve the sewer charge abatement in the amount of $264.20.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | √ | | | |
JOHN MARTINS $238.43
Request for a sewer charge abatement for the property located at 100 Mayflower Street in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilwoman Sousa Seconded by: Councilman Botelho
Motion: Approve the sewer charge abatement in the amount of $238.43.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | √ | | | |
HANNELORE MONIZ $617.12
Request for a sewer charge abatement for the property located at 140 Walnut Street in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilwoman Sousa Seconded by: Councilman Botelho
Motion: Approve the sewer charge abatement in the amount of $617.12.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | √ | | | |
FRANKLIN O’DELL $107.40
Request for a sewer charge abatement for the property located at 114 Central Avenue in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilman Faria Seconded by: Councilman Botelho
Motion: Approve the sewer charge abatement in the amount of $107.40.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | √ | | | |
KELLY A. SHEEDY $479.43
Request for a sewer charge abatement for the property located at 162 Grosvenor Avenue in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilwoman Sousa Seconded by: Councilman Faria
Motion: Approve the sewer charge abatement in the amount of $479.43.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | √ | | | |
TAYLOR DRIVE ASSOCIATES $962.84
Request for a sewer charge abatement for the property located at 60 Taylor Drive in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilman Botelho Seconded by: Councilman Faria
Motion: Defer for additional information.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | √ | | | |
A motion to approve the Claims Committee Report is made by Councilman Faria, seconded by Councilwoman Sousa and on a roll call vote it is unanimous with Assistant Mayor Britto absent.
2. Handicap Parking (by Director of Public Works, Stephen Coutu)
16 Leonard Avenue
Councilwoman Sousa makes a motion to defer due to neighbor concerns and to have more time to review, this is seconded by Councilman Faria and on a roll call vote it is unanimous with Assistant Mayor Britto absent.
D. Report of School Committee Liaison
Councilman Botelho asks that it be noted for the record that there was no report from the School Committee Liaison.
XII. ADJOURNMENT
A motion to Adjourn at 11:20PM is made by Councilman Faria, seconded by Councilwoman Sousa and on a roll call vote it is unanimous with Assistant Mayor Britto absent.
Approved by the Council: November 21, 2017
Attest: _______________
City Clerk