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CITY OF EAST PROVIDENCE

RHODE ISLAND

JOURNAL OF REGULAR COUNCIL MEETING

November 21, 2017

6:45 P.M.

Council Chambers, City Hall, 145 Taunton Avenue, East Providence, RI 02914

6:45 P.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)(5).

 

A.    Sewer Charge Abatements

1.      Elizabeth Bailey

2.      Elizabeth Castello

3.      Robert Clarke

4.      Maria DaRocha

5.      Veronica Farrell

6.      James Hammond

7.      Joann Milano Hart

8.      Steven Madoff

 

B.     Disposition of City-Owned Land

1.      33 Hoppin Avenue and 80 Burnside Avenue

C.    Collective Bargaining:

1.   School Committee Request for Approval of Final Tentative Agreement between East Providence School Committee and the East Providence Paraprofessional Association

 

II.                OPEN SESSION

 

III.             CALL TO ORDER

Mayor Briden calls the meeting to order at 7:52PM.

 

IV.             SALUTE TO THE FLAG

 

V.                TO APPROVE THE CONSENT CALENDAR

 

A.    Letters

1.      CRMC Semi Monthly Meeting Agenda, November 14, 2017, 5PM, Administration Building, Cafeteria, One Capitol Hill, Providence.

 

B.     Cancellations/Abatements Board of Review

Year

Amount

2017

$1,877.93

Total

$1,877.93

 

C.    Cancellations/Abatements

Year

Amount

2013

$264.26

2014

$0.00

2015

$0.00

2016

$387.69

2017

$33,967.65

Total

$34,619.60

 

D.    Council Journals

 

1.      Council Journal Regular Meeting November 7, 2017

 

A motion to approve the Consent Calendar is made by Councilman Botelho, seconded by Councilwoman Sousa and on a roll call vote it is unanimous 4-0 with Assistant Mayor Britto absent. 

 

VI.             COMMUNICATIONS

 

A.    Bill Fazioli, 229 Quarry Street (02914), Acting Chair (Vice Chair), East Providence Waterfront District Commission, requesting to address the Council regarding the “East Providence Waterfront District Commission: City Council Concerns”.

 

Mr. Fazioli states that he was here in May with the previous Executive Director and gave a pretty comprehensive review of projects for the last 10-12 years.  The presentation was about 35 minutes long.  The Commission was established by the legislature in 2003 and is compromised by city and state leaders.  They realized the potential of a regional priority and needed city and state and private sector as a separate public body with unique tools to foster redevelopment.   These tools have been emulated within Rhode Island and the region.  He notes they don't get any direct city funds they do get some in kind and they have their own tax ID number and have the ability to apply for grants.  They are audited and have to adhere to conflicts of interest.  They have their own website.   It is a 9 member commission with 5 city appointees and 4 governor appointees.   He is the acting chair, the chair appointment has been vacant since 2009.   He notes several members are in attendance tonight.  The appointments have backgrounds of professional careers.  He adds these are honorable people who have worked on and off since 2006.  He has never witnessed self-interests.  The current staff is one half person, Pam Sherrill replaced Jeanne Boyle and Roberta Groche.  The commission posts all meeting notices and records in compliance with the law.  They are posted on the Waterfront Commission website, the Secretary of State and also post in the lobby.   They are emailed to city staff and they now have included the city clerk and city council.  It's always been a collaboration and coordination noting that when he was city manager he worked to bring on some of the developments successfully in place today.  He lists some of the developments.  He wants to continue the dialogue and if there are concerns with how they operate or their integrity he would like to have that discussion with the council in person and not hear about it on the TV. 

 

Councilman Botelho states it peaked his interest about a month ago at the last minute when they received a desperate appeal from the planning department regarding the minimum amount of affordable housing and none of us had any idea about it and were forced to make a decision that night with no information and understanding he wants a dialogue but there has been none.   The majority of the council voted to keep the current formula for housing and the waterfront commission voted the opposite.  He adds that any time an appointed body or a subset or commission votes the opposite of the council it raises his eye brows.  In looking into how they work, it states 19 members on the commission and 7 members are needed for a quorum.   It didn't seem to him that the membership was meeting the goals of the original act.  He hasn’t been to a meeting but has heard reports that members stroll in at the last minute and cast a vote and then stroll out and he finds this concerning. 

 

Mr. Fazioli states initially the law called for 19 members, not all voting members, as of 2010 it is 5 members for a quorum.  The disagreements regarding affordable housing questions surfaced in June and it took the commission 4 meetings to come to terms with it and in the end 2 votes ended in a stale mate.   They are still supporting affordable housing but not right in kettle point.  However they are in the owner occupied property across the street that has been blighted and the decision was a 3 to 3 vote then the vote went 4-2.  They have a counsel that attends the meetings and all the information was provided to the solicitor.  

 

Councilman Botelho asks about the new member appointment made today. 

 

Pam Sherrill, 201 Don Avenue (02916), current Executive Director notes that they just received an appointment of an ex officio member via RI DOT, Nicole Pope.

 

Councilwoman Sousa states that her concerns are transparency.   Recently the minutes were uploaded onto the website however they had no information of this as of a couple of weeks ago.   Even your website is not completely transparent.  The problem she has is that she can't answer the questions to her residents because she has no information regarding demolitions or properties which are located in Ward 2.   Ward 2 is a major part of the waterfront district and the council doesn’t know.   The transparency is an issue.   Not keeping the city council abreast of issues is another issue.   A couple of businesses reached out to her wanting to know how they go about getting stuff done, how does it fall under the waterfront commission and not a legislative body and the commission doesn't take into consideration what the council has to say regarding kettle point.  They are not always in line with the elected body and the community.

 

Mr. Fazioli notes he has volunteered for 13 years.  He has lived in the city for over 25 years.  He is the acting chair, the chair is a joint appointment between the mayor and the governor.  His name has been submitted 3 times previous. 

 

Councilman Botelho notes everything was fine until the council noticed it was a one way communication.  He adds he feels that Mr. Fazioli would start asking question if it were him.   It appeared to be in order but it wasn't.  They don't receive updates, there is no chair, the appointments are inconsistent why can't they get on the same page and get Mr. Fazioli or someone appointed properly? Instead of waiting for things to get bad let's ask questions now.  Today with the open meetings act the only way as a council to address these kind of concerns is to do so in a public setting. 

 

Councilman Botelho addresses the Mayor and requests that he work with the Governor to appoint Mr. Fazioli to the permanent chair position. 

 

Mayor Briden notes he has always supported Mr. Fazioli as chair and has submitted a letter in the past and would gladly do it again.

 

Councilman Botelho states it looks bad when a developer goes to the waterfront website and sees the chair has been vacant for years.  Both the council and the waterfront commission can agree to do better and there is absolutely no question about Mr. Fazioli’s work ethic and it is appreciated.

 

Mayor Briden adds he has a very high opinion of Mr. Fazioli whom he has known for many years since Mayor Briden served as solicitor in 2008 and to put things into perspective issues can arise, however if ones looks at the waterfront commission over the years it has done an extraordinary job and he notes articles which appeared in the New York Times and the Providence Business News adding that it is viewed as a model and receives statewide recognition.   

 

Councilman Botelho adds and they want to keep it that way.

 

Councilman Faria states he is just not sure of their posting practices and wants to know if they are different than the city council.  

 

Ms. Sherrill states they are required to post on the secretary of state’s website and that is up to date.

 

Councilman Faria asks if they post in city hall.  

 

Ms. Sherrill states yes on the planning side they have their own board.  She notes it is also on their website and she said she was not aware of the boards and commissions section on city's website and that one is woefully out of date and she working with the city clerk to make it is sure it is brought up to date and transparent.

 

Councilman Faria states it is important that the city council has a good dialogue and this is not meant to offend anyone but they were very concerned with why the council’s opinion on affordable housing was not taken into consideration.

 

B.     Scott Scienzo, 58 Woodbine Street (02915), requesting to address the Council regarding Council utilities.

 

Mr. Scienzo states he is here regarding the matter of the city council wanting to make themselves a hearing board and adds that he sees a real problem with that in the fact that in November of 2016 the residents voted for a strong mayor form of government.  It was the voter’s way of saying they had no confidence in the city council managing.   This created two governing bodies.  The council will work with the mayor on a budget and an appeals board contradicts this.  He understands there is a policy on the water utilities and apparently if they don't like the mayor’s decision they feel there should be an appeals board.  This is dipping their toe into the day to day running of the city.  He adds that he understands only 2 residents applied for special assistance.  He is trying to find out where the emergency need is.  He views this as a problem especially down the road when a mayor takes over.   It is almost like a power grab and isn’t in the spirit going forward for checks and balances.

 

Councilman Botelho states the vote for a strong mayor was that the people wanted to elect the guy who makes the decisions.  Right now all the council can do is hire and fire.  The problem is not the council it is the form of government.  If one looks at East Greenwich for example they will see the issues.   This policy falls in line with what the people want.   People didn’t feel like they were listened to.  They felt ignored and not like they had a voice.  It does nothing to effect the current administration.   It only gives a perspective person one last step.  The council can at least hear their case.  They do it now with claims.  It is not that different from what they already do.  If they approve the ordinance and in 6 months it doesn't work they can repeal it.   The council will actually have more power, it will be just like the president and the congress or the governor and the general assembly.   All they are trying to do here is give people a voice.

 

Mr. Scienzo states he is not against the board he is against the council being the board.  The mayor has veto power over ordinances and a 4-1 vote overrides that veto.  He understands the council’s position he just doesn’t think the council is the right set up.  They are in that limbo stage and perhaps if they put an end date on it.  He sees a lot of conflict with the new form of government in place.

 

Councilman Botelho states he has deep opposition to giving power to unelected officials.  If they want to be upset let them be that type of action should be done by the people they vote for directly.

 

Councilman Faria states what he and his colleagues do in claims are some of his proudest moments.  They may fight but they are a family.  They are very conservative in claims.  Adding Councilman Botelho drove to Riverside to review a few hundred dollar claim to review it.  They are not giving the house away the ordinance is not giving anything away.   This is just for accountability.

 

Councilwoman Sousa states when a council member inquires to those departments or administration and don't receive a sufficient response to the problem they feel like this is the next step instead of calling all different members it will come immediately before the council that is the point and why she feels comfortable supporting the ordinance.   They come to the council already why not do it in an open manner?   Consistency is not something the city practices across the board.

 

VII.          PUBLIC COMMENT

 

A.    Dan Landry, 19 Larchwood Drive (02916) – Taxpayer Proclamation. 

B.     Chrissy Rossi, 87 Shore Road (02915) – Water Ordinance

C.     Onna Moniz John, 149 Anthony Street (02914), street sign “Thru Traffic” displaying mobil museum December 3rd. 

 

VIII.       COUNCIL MEMBERS

 

A.    Fiscal Impact Analysis of Possible 2018 School Building Bond Referendum (by Mayor Briden)

For the docket December 19th

 

Mayor Briden thanks the school committee chair and superintendent and school committee member Cahoon for attending.   He notes he attended the building committee presentation at the high school and it was very well done and a lot of good information was mentioned.   One point raised during the presentation has to do with if there is a high school constructed that the state would be reimbursing 55% and for some aspects a higher percentage the topic arose and was discussed in the spring at a joint meeting with the council.  Mr. Luba stated that typically they have to get the entire amount upfront or borrow the entire amount and what effect that would have on our tax payers.   The topic arose and was indicated it may be possible that they may have a situation where the city could come up with the 45% as opposed to the 100%.  He put together an analysis with the ABCs of school bond construction and he saw Chairman Tsonos at an event and they started discussing it.   If they have a project which comes in and is capped at $100 million for everything inside and the building itself and that it might be some kind of a hybrid.  For example, keeping the gym and the auditorium and some or a percentage of what is there and adding with that cap in mind then and not exceeding that cap.   It is a $45 million project for the city.  He always viewed the major school project in conjunction with the synch project and the contribution they make.  If they look at that they could possible consider approximately $15 million towards a bond of $30-$35 million that would be the $45 million based on a $100 million project and understanding that there are givens still to be determined but then what they look at in terms of a 5 year budget plan, there is already a $2.3 million synch fund payment.  This would cover the debt service on that bond.   They could take it on and it would not increase beyond what is already encompassed in the 5 year plan.  There is time for the two bodies to talk about it.  They have to also talk about the finances sooner rather than later as they would have to vote and make a decision as to whether they would put the question on the ballot and how much it would be and largely about the impact on the tax payers.  This takes him to the next step if it is really being determined at the state level then they can start to have a discussion with the delegation members and reach out to them and be more actively involved.

 

School Committee member Nate Cahoon states in starting with a history on the project and what they are doing the building committee was established in response to a multitude of studies to take a look at the feasibility of a new or upgraded building.  They decided it was time for them to have a discussion regarding a major construction project and maybe a new facility.  The first step was to demonstrate to RIDE for a need stage one, stage two involves a schematic design to meet that need established in stage one and this is yet to be determined.  It will be answered by RIDE by February 1st.

 

Mayor Briden notes it is a good discussion to begin having because it is really a challenge.  They don’t know what the state is going to do. They have a borrowing cap.  They have to be mindful of this as they have $36 million out and have up to $80 million which is the potential but they also have the impact on the tax payers.  They don’t want to raise the tax cap.

 

School Committee Member Cahoon states they might be able to reach 75% state reimbursement with Pre K initiatives.

 

Mayor Briden states that is why they are talking now.

 

School Committee Member Cahoon notes the sense he is getting is that there is some excitement about this project in East Providence and a good amount of initiative on the part of state leaders.  There is a wave for the city to ride to make this a reality.

 

Mayor Briden asks that this item be put on the council agenda again in a month.

 

School Committee Member Cahoon states he is happy to also schedule a joint meeting and have the superintendent explain the possible increases at the RIDE meeting.  The Governor will offer incentives to take care of their deteriorating buildings, STEM programs and Pre K and environmental sustainability and disability access which would bring the refund up to a 75%.

 

B.     Stop Sign (by Assistant Mayor Britto)

This item was deferred.

 

C.     Tree Lighting Ceremony Wilson Avenue (by Assistant Mayor Britto)

Samantha Burnett, 374 Wilson Avenue (02916) speaks regarding the tree lighting ceremony scheduled Saturday, December 2nd at 6pm.  She notes there will be caroling and hot chocolate.

 

D.    Sewer Use Fee Redux (by Councilman Botelho)

Councilman Botelho states that regarding the redux sometimes one has to be careful what they ask for.

 

E.     MOA - RI Department of Transportation - East Providence State Roads (by Councilman Botelho)

 

F.      Moving Forward with the Carousel Master Plan (by Councilman Faria)

Councilman Faria calls the Chair of the Carousel Commission Chrissy Rossi to the podium.

 

Ms. Rossi states that Virginian Hess of the RI State Historic Commission wants the carousel commission to put more focus on the carousel.

 

Councilman Faria notes the carousel commission and Ms. Rossi have been advocating for this since 2013.

 

Ms. Rossi requests that the City Engineering Department complete the site plan overlay which can then be tweaked to meet the needs of the State Historic Commission.  She notes she wants to move forward in this manner because it will be easy to tweak and because this has been going on for some time.   Ms. Rossi lists a few big projects in the city which have been completed yet this one is still in the works.

 

David Bachrach passes out diagrams, drawings, maps etc… and notes the train is an exact replica of the iron horse that used to be at Crescent Park.  He states he is asking the City Manager to instruct the engineering department to complete the plans electronically and they can adjust it the way the state wants it to be.   It will be an overlay on the site.   The State felt the focus of the master plan was the skating rink and the elements not the Carousel and he has asked to work with the architectural staff to look for items to tweak the plan to provide the focus as the Carousel.   He notes they have to go through this process as the easement states.  They still very much have to abide by the easement.  His recommendation is to resolve these issues before they move forward and he is asking for a vote contingent on that resolution.

 

Mayor Briden asks if they proceed with a site plan overlay might that change based on input from the state historic commission.

 

Mr. Bachrach responds yes there is that potential.   They agree and don't have a problem with any of the elements and he is enthusiastic about it creating a number of community amenities instead of dead grass and mud which has been there for decades.   They just want to see those presented so as not to step on the national landmark of the carousel.  They are meeting with architects and tweaking the orientation of buildings and landscaping.  They can do this in a timely manner.

 

A motion to approve asking the city to go forward with creating engineering site plan overlay subject to the RI State Historic Preservation approval is made by Councilman Faria, seconded by Councilwoman Sousa and it is unanimous 4-0 with Assistant Mayor Britto absent. 

 

G.    Wastewater Update (by Councilman Faria)

 

Councilman Faria states that back in December this was a campaign issue for he and Councilman Botelho.   One of first things they did was get this item on the docket and brought Barrington to table addressed concerns at the State House.  He would like to ask Director Coutu for a review of all the readings for them to see in order to stay on top of it.

 

H.    On Line Payments and Processing Fees – Going Green (by Councilman Faria)

 

Councilman Faria states he is working with the IT Department and a lot of residents have reached out regarding the $3.50 processing fee.  He is moving to eliminate this processing fee.  He called the IT Director to the podium. 

 

Director Ahrens states they are launching a campaign.  They put this out for an RFP to see if they can get a cheaper company and if not the city maybe could absorb this fee.  When they went from quarterly to monthly billing it became difficult for people to bear.  50 -58 people are currently doing this each month and they are thinking of running a promotion such as free month of water, an iPad or a quarter of prop taxes.  There is a wonderful on line content development to help spread the word. 

 

Councilwoman Sousa asks what the program they use.

 

Director Ahrens states invoice cloud.

 

Councilwoman Sousa asks if there is a fee.

 

Director Ahrens states yes if a credit card is used.  For an on line bank check it is .40 cents.

 

Councilman Faria states credit cards are $3.50.  He adds that he discussed this with Paul Luba and Malcolm and right now under 1000 people are signed up for this monthly.

 

Director Ahrens states they are hoping to get more and that was the plan.  The promotion would be multi-pronged.  They already have posters printed up and especially having it deducted from checking or savings at a .40 cent charge having that absorbed.  The promotion would be a giveaway and also there would be a lot of community outreach.  They would have something set up at city hall to show people how.

 

Councilwoman Sousa states the hassle of having to come to city hall for example a 97 year old woman just contacted her and it’s hard for them to get to city hall every month.

 

Director Ahrens states they can set something up at the senior center to show them how and also they will be able to call IT if they have a question.

 

Councilman Faria thanks Director Ahrens and Robin Robinson for all the work done on the project this week.

 

I.       State Street and Culvert Project Update (by Councilwoman Sousa)

 

Councilwoman Sousa states they have informed the residents that they did get approved for the grant $545,025 to move forward to the next phase procuring an easement.  She thanks Steve Coutu and City Manager Chapman.  In December they will be cleaning out invasive species and she will keep everyone posted.  The City Manager did reach out to property owners already.

 

J.       Holiday Tree Lighting December 1, 2017 (by Councilwoman Sousa)

 

Councilwoman Sousa announces the City Hall Tree Lighting will be Friday, December 1st.  Santa and Mrs. Claus are arriving by fire truck at 5:45.  They will have city hall decorated as a winter wonderland.  There are crafts for kids, food and music and it is free and open to the public.  This year there will be two giving trees, one for foster children in need and the other a group home of 20 men.

 

Councilwoman Sousa announces Winterfest is Saturday, December 2nd at the Senior Center.

 

Councilman Faria announces unfortunately there is no tree lighting at the Carousel this year due to construction.

 

IX.             APPOINTMENTS

 

A.    Affirmative Action Commission – Reappointment (by Councilman Britto)

Angie Lovegrove, 235 Don Avenue (02914)

A motion to approve the Appointment is made by Councilman Botelho, seconded by Councilwoman Sousa and on a roll call vote it is unanimous 4-0 with Assistant Mayor Britto absent. 

 

B.     Economic Development Commission – Reappointment (by Mayor Briden)

Fred Radway, 255 Pleasant Street (02916)

A motion to approve the Appointment is made by Councilman Faria, seconded by Councilwoman Sousa and on a roll call vote it is unanimous 4-0 with Assistant Mayor Britto absent. 

 

C.     Economic Development Commission – Reappointment (by Mayor Briden)

Maria Lindia, 33 Milburn Road (02914)

 

A motion to approve the Appointment is made by Councilman Botleho, seconded by Councilwoman Sousa and on a roll call vote it is unanimous 4-0 with Assistant Mayor Britto absent. 

 

X.                ORIDINANCES FINAL PASSAGE - PUBLIC HEARING

 

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

 

A motion to dispense with the reading of the Ordinance is made by, seconded by and on a roll call vote it is unanimous 4-0 with Assistant Mayor Britto absent. 

 

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) calendar 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) calendar 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

 

A motion to approve the Ordinance for Final Passage is made by, seconded by and on a roll call vote the motion passes 3-1 with Mayor Briden voting Nay based on the reasons he stated at the previous meeting and with Assistant Mayor Britto absent. 

 

XI.             NEW BUSINESS

 

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

1.      Energy Efficient Services Project Provider RFP

The City Manager states he has been working with the infrastructure bank.  There are 4 which have energy audits done and he feels he can support these and the proposals were from the lists provided in the recording of the bids.  The lowest was Prism and he recommends to award the contract to them.

 

A motion to Approve 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. 

 

2.      DPW Fleet Fuel Tank Replacement Project RFQ

This is the cost to cap an existing underground storage tank and put in an aboveground storage tank at DPW.  This is mandated by RI DEM.  Four companies have shown interest and he is for approval to recommend all 4.  The final decision will come back before council.

 

A motion to Approve is made by Councilwoman Sousa, seconded by Councilman Faria and on a roll call vote it is unanimous 4-0 with Assistant Mayor Britto absent.                   

 

3.      “VAMCO” Bullocks Point Avenue Property Information

David Bachrach came to the podium to provide an update.  Councilman Faria states this is big for Riverside.  He appreciates all the work he and Tim have done.  

 

David Bachrach explains it is a 19000 square foot parcel which was a jewelry company and 2 houses which were dilapidated and they were demolished.  There was a lot of contamination and the city cobbled together grants and are going out for requests for redevelopment and they looking for this property for a development to enter into an agreement with the city to redevelopment.  They will follow through and create a community asset.  It will help support existing retail and create a higher density with this proposal which will housing units and the overall hope is to help with the revitalization of the square and is long overdue.  He is hoping for signed proposals.  

 

The City Manager thanked the property owners and businesses for their patience.  

 

4.   Planning Board Recommendation for Land Donation (0 Hoppin Avenue, Map 411, Block 16, Parcel 11) from Patricia Conaty

City Manager Chapman states the Council has memo from Planning and Conservation.  This located where the road ends on the eastern side of Brook and is accessed from the Willett Avenue side.  It has been extensively reviewed and is land locked.

              

A motion to Approve 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.                   

 

4.      School Committee Request for Approval of Final Tentative Agreement between East Providence School Committee and the East Providence Paraprofessional Association

 

A motion to Approve 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.                   

 

B.     Reports of Other City Officials

 

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

Pursuant to R.I.G.L. § 42-46-5(a)(2), a motion is made by 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 21, 2017; 6:45 P.M.; ROOM 101

====================================================================

           

SEWER CHARGE ABATEMENTS

 

ELIZABETH BAILEY         $191.17

 

Request for a sewer charge abatement for the property located at 82 Roger Williams Avenue in accordance with City Ordinance Sec. 17-183(g).

 

Motion by:  Councilman Botelho                   Seconded by:  Councilwoman Sousa

 

Motion:  Approve the sewer charge abatement in the amount of $191.17.

 

 

VOTE

COUNCILMAN

BOTELHO

ASST. MAYOR BRITTO

COUNCILMAN

FARIA

COUNCILWOMAN

SOUSA

MAYOR BRIDEN

Aye

 

Nay

 

 

 

 

 

Abstain

 

 

 

 

 

Absent

 

 

 

 

 

ELIZABETH CASTELLO    $239.72

 

Request for a sewer charge abatement for the property located at 108 Legion Way 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 $239.72.

 

 

VOTE

COUNCILMAN

BOTELHO

ASST. MAYOR BRITTO

COUNCILMAN

FARIA

COUNCILWOMAN

SOUSA

MAYOR BRIDEN

Aye

 

Nay

 

 

 

 

 

Abstain

 

 

 

 

 

Absent

 

 

 

 

 

ROBERT CLARKE                                                                                                               $64.44

 

Request for a sewer charge abatement for the property located at 1371 Pawtucket Avenue in accordance with City Ordinance Sec. 17-183(g).

 

Motion by:  Councilwoman Sousa                  Seconded by:  Councilman Botelho

 

Motion:  Approve the sewer charge abatement in the amount of $64.44.

 

 

VOTE

COUNCILMAN

BOTELHO

ASST. MAYOR BRITTO

COUNCILMAN

FARIA

COUNCILWOMAN

SOUSA

MAYOR BRIDEN

Aye

 

Nay

 

 

 

 

 

Abstain

 

 

 

 

 

Absent

 

 

 

 

 

MARIA DaROCHA  $289.98

 

Request for a sewer charge abatement for the property located at 7 Rachella Court 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 $289.98.

 

 

VOTE

COUNCILMAN

BOTELHO

ASST. MAYOR BRITTO

COUNCILMAN

FARIA

COUNCILWOMAN

SOUSA

MAYOR BRIDEN

Aye

 

Nay

 

 

 

 

 

Abstain

 

 

 

 

 

Absent

 

 

 

 

 

VERONICA FARRELL       $577.27

 

Request for a sewer charge abatement for the property located at 11 Kenton Avenue in accordance with City Ordinance Sec. 17-183(g).

 

Motion by:  Councilwoman Sousa                  Seconded by:  Councilman Botelho

 

Motion:  Approve the sewer charge abatement in the amount of $577.27.

 

 

VOTE

COUNCILMAN

BOTELHO

ASST. MAYOR BRITTO

COUNCILMAN

FARIA

COUNCILWOMAN

SOUSA

MAYOR BRIDEN

Aye

 

Nay

 

 

 

 

 

Abstain

 

 

 

 

 

Absent

 

 

 

 

JAMES HAMMOND            $126.52

 

Request for a sewer charge abatement for the property located at 49 Scott 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 $126.52.

 

 

VOTE

COUNCILMAN

BOTELHO

ASST. MAYOR BRITTO

COUNCILMAN

FARIA

COUNCILWOMAN

SOUSA

MAYOR BRIDEN

Aye

 

Nay

 

 

 

 

 

Abstain

 

 

 

 

 

Absent

 

 

 

 

 

JOANN MILANO HART     $88.39

 

Request for a sewer charge abatement for the property located at 19 Carousel 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 $88.39.

 

 

VOTE

COUNCILMAN

BOTELHO

ASST. MAYOR BRITTO

COUNCILMAN

FARIA

COUNCILWOMAN

SOUSA

MAYOR BRIDEN

Aye

 

Nay

 

 

 

 

 

Abstain

 

 

 

 

 

Absent

 

 

 

 

 

STEVEN MADOFF   $6,547.21

 

Request for a sewer charge abatement for the property located at 253 Bourne Avenue in accordance with City Ordinance Sec. 17-183(g).

 

Motion by:  Councilman Botelho                   Seconded by:  Councilwoman Sousa

 

Motion:  Approve the sewer charge abatement in the amount of $6,547.21.

 

 

VOTE

COUNCILMAN

BOTELHO

ASST. MAYOR BRITTO

COUNCILMAN

FARIA

COUNCILWOMAN

SOUSA

MAYOR BRIDEN

Aye

 

Nay

 

 

 

 

 

Abstain

 

 

 

 

 

Absent

 

 

 

 

 

A motion is made by Councilman Faria, seconded by Councilwoman Sousa to adjourn at 7:40 p.m. and reconvene in open session.  Upon a roll call vote, the motion is approved 4-0.

 

A motion to approve the Claims Committee Report is made by Councilwoman Sousa, seconded by Councilman Botelho and on a roll call vote it is unanimous 4-0 with Assistant Mayor Britto absent.                   

 

2. Bankruptcy Case No. 17-10056 regarding Agawam Hunt (by City Solicitor Gregory Dias)

 

A motion to approve is made by Councilwoman Sousa, seconded by Councilman Faria and on a roll call vote it is unanimous 4-0 with Assistant Mayor Britto absent.                   

 

3. City Council Meeting Dates 2018 (by City Clerk, Kim Casci-Palangio)

 

January 2 & January 16

February 6 & February 20

March 6 & March 20

April 3 & April 17

May 1 & May 15

June 5 & June 19

July 17

August 21

September 4 & September 18

October 2 & October 16

November 6 (Election Day) Council Meeting to be held November 7 & November 20

December 4 & December 18

*All Council meetings will begin at 7:30PM unless otherwise noted.

 

A motion to approve 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.                   

 

4. Claims Committee Meeting Dates 2018 (by City Clerk Kim Casci-Palangio)

 

January 2 & January 16

February 6 & February 20

March 6 & March 20

April 3 & April 17

May 1 & May 15

June 5 & June 19

July 17

August 21

September 4 & September 18

October 2 & October 16

November 6 (Election Day) Council Meeting to be held November 7 & November 20

December 4 & December 18

*All Claims Committee meetings will begin at 7:00PM unless otherwise noted.

 

A motion to approve 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.                   

 

C.    Report of School Committee Liaison

School Committee Chairman Charlie Tsonos and School Committee member Nate Cahoon were present earlier and spoke. 

 

D.    Introduction to Ordinances

 

1.      AN ORDINANCE ESTABLISHING THE ANNUAL SALARY OF THE MAYOR ELECT PURSUANT TO THE AMENDMENTS TO THE CITY CHARTER PASSED AT THE NOVEMBER 7, 2017 SPECIAL ELECTION

 

City Clerk is asked to read the ordinance. 

 

SECTION I.  The annual salary of the Mayor shall be $90,000.00 and all other ancillary benefits of employment enjoyed by department heads.

 

SECTION II.  This ordinance shall take effect upon the swearing in of the Mayor Elect in January 2019 and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.

 

Requested by:  Mayor Briden

 

The City Manager notes that there is no automobile currently allotted for the Mayor.

 

Councilwoman Sousa notes she would like to see a list of benefits before a decision is made.  Councilman Botelho stated that the Mayor will craft an office out of his budget and the Council will decide a budget. 

 

If the Mayor wants particular staff or a car it comes out of that budget and they have to stay within the budget allotted. 

 

A motion to approve the Ordinance for First Passage 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. 

 

XII.          ADJOURNMENT

 

A motion to Adjourn at 10:39PM is made by Councilman Faria, seconded by Councilman Botelho and on a roll call vote it is unanimous 4-0 with Assistant Mayor Britto absent. 

Approved By Council:  December 5, 2017

 

Attest:  ________________

                 City Clerk

 

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