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.      Nicolas A. Andreozzi

2.      David R. Dextradeur

3.      Joseph Goncalo

4.      Pamela Hagy

5.      Donald Marshall

6.      Thomas C. Riley

B.     Sewer Charge Abatements

1.      Steven Checrallah

2.      Evaristo & Sharon DeMelo

3.      David DoSoito

4.      Four Rivers, LLC

5.      Joseph Goncalo

6.      Claudia Pierce

7.      Beverly Taylor

C.    Collective Bargaining

1.      Request for Approval of Agreement between City of East Providence and Local 850, IAFF, AFL-CIO

D.    Litigation

1.      Providence Superior Court Case and Commission for Human Rights matter regarding Kathleen T. Waterbury vs. City of East Providence, Richard Kirby, Paul Lemont and Fire Chief Oscar Elmasian – Status Report

II.                OPEN SESSION

III.             CALL TO ORDER

IV.             SALUTE TO THE FLAG

V.                TO APPROVE THE CONSENT CALENDAR

A.    Letters

1.      Notice of New Property Number 0 Kettle Point, Map 209, Block 03, Parcel 001.10, Zoning KP, 16 Captain John Jacobs Road (02914)

2.      Notice of New Property Number 0 Kettle Point, Map 209, Block 03, Parcel 001.20, Zoning KP, 14 Captain John Jacobs Road (02914)

3.      Notice of New Property Number 0 Kettle Point, Map 209, Block 03, Parcel 001.30, Zoning KP, 12 Captain John Jacobs Road (02914)

4.      Notice of New Property Number 0 Kettle Point, Map 209, Block 03, Parcel 001.00, Zoning KP, 34 Captain John Jacobs Road (02914)

5.      Notice of New Property Number 0 Kettle Point, Map 209, Block 03, Parcel 001.60, Zoning KP, 39-41 Captain John Jacobs Road (02914)

6.      Notice of New Property Number 0 Kettle Point, Map 209, Block 03, Parcel 001.60, Zoning KP, 35-37 Captain John Jacobs Road (02914)

VI.             PROCLAMATIONS AND PRESENTATIONS

A.    Citations for Riverside Little League 2017 RI District 2 All Stars Major Baseball Champions and RI District 2 All Stars “Ron Silva” Minor Baseball Champions (by Councilman Faria)

B.     Citations for Riverside Little League 2017 RI District 2 All Stars Major Baseball Champions and RI District 2 All Stars “Ron Silva” Minor Baseball Champions and Challenger Baseball Team - by Senators Coyne, Conley and DaPonte

Councilman Faria presents citations to both teams.  Senators Conley and Coyne are present to hand out citations from the State Senate.

Senators Conley and Coyne also present citations to Tim and Ethan Conley who accept for the entire Challenger Team who will be honored by Councilman Faria at a future Council meeting.   

Tim Conley thanks Senator Coyne for providing them with financial assistance twice for their trip to Williamsburg.

City Manager Chapman calls former Councilwoman Tracy Capobianco to the podium to make an announcement.   She states that she is collecting items for Hurricane Harry and there will be a trailer at 20 Sprague Avenue on Saturday, September 9th for collections.  They are working with both fundraising and collections of clothing and personal care products.

City Manager Chapman adds that Tracy’ sister Robin Robinson along with a number of other city employees have coordinated through the RI League of Cities and Towns and with the City of Providence to send items collected out to the victims of the hurricane and that donations are being accepted at the front desk at City Hall.

C.     Citation for East Providence Arts Council (by Councilman Faria)

Councilman Faria presents the citation.

D.    Citation for Lisa Clark, East Providence Library Literacy Coordinator on receiving the 2017 Rhode Island Outstanding Adult Educator (by Councilwoman Sousa)

VII.          COMMUNICATIONS

VIII.       PUBLIC COMMENT

A.    Tracy Capobianco, Meritt Road (02915) – $15 Million Bond and Rules of Appointment.

B.     Dan Landry, 19 Orchard Drive – Agawam

C.     Tom Riley – Bonds, Taxing and Credit Capacity

IX.             COUNCIL MEMBERS

A.    You Tube Video Recording Posting (by Assistant Mayor Britto)

Assistant Mayor Britto states that he put this on the docket to have an open and candid discussion about the most recent recording of a conversation with the Mayor.  He wants everyone to know this is not his first rodeo with these tapes.  He received these back in December and they were sent to him on a restricted number and when he received the recording on his voice mail he immediately called the mayor to address his concerns and they had a candid discussion like adults.  It was two days prior to the inauguration and if for example two students were running for council president and were asked how each feels they are going to get some personal attacks.  They had a candid discussion and put their differences aside and put the city first and they didn't want to go into inauguration this way and it was forgotten about.  Eight months later they are going through this same thing again to separate them.  He adds he has a great deal of respect for the mayor and that they hammered out any differences.  He asks what's next and who's next?  The mayor has nothing to feel guilty about it’s no secret because the mayor knows who he had the discussion with.

Mayor Briden indicates that is correct adding that what can happen is a person gets on the phone and the person on the other end can say certain things and bait them.  On December 4^th the same day in the Post the letter appeared titled transparency where it referred to the same topic of the recording.   It refers to him discrediting other members of the council to become council president.  This was recorded over a period of months and then splicing occurred.  The question is can the council feel comfortable in executive session?  Can it feel comfortable talking to each other on sensitive natures? Something spliced and put together which discusses teachers and then sent on the night executive session is set to discuss the teacher’s contract.  It is embarrassing and humiliating and he apologizes to anyone that is hurt by it.

Councilman Botelho states that he has a separate item on the docket he adds because a body can't function like this.

Mayor Briden states these were conversations he had with Councilman Brian Faria.

Councilman Faria states that Mayor Briden indicated it wasn't him on the tape.

Mayor Briden states he did not. 

Councilman Botelho states that he is not going to be so nice on his item and he is not going to like what he has to say.

Councilman Faria states that he just recently met with Assistant Mayor Britto, they had drinks two weeks ago and he stated they need to move on.  He was just with Councilman Botelho as well.

Councilman Botelho indicates that it was before he lied about paying his water bill.

Councilman Faria states that Councilman Botelho asked for an advisory opinion from the Attorney General’s Office after an illegal meeting took place.

Councilwoman Sousa states that there are severe ego issues with all the men up there.   By the time they get to the items for the city all the time is used up and it is too late.  Everyone including she is tired.

Councilman Faria notes that Mayor Briden made a charge and he just made one back.

Mayor Briden states that he does want to move forward but he does not want to have that happen to him again. 

Assistant Mayor Britto states that he feels the people deserve an explanation about the taping.

Mayor Briden states that he made one public statement which was manufactured, meaning a series of conversations which were spliced and that he also said he was meeting with his attorney.  He wants to move forward but his concerns are that they can't have people's phone calls recorded.

B.     Agawam Park-Harry Mutter (by Assistant Mayor Britto)

Assistant Mayor Britto notes this is on the docket as a resolution which he would like to step up to the podium and read the resolution.  He adds they are not taking any name off of the park and that there are 2 names still on the fields as there were before and they will remain on the fields.

C.     Discussion on Renewable Energy (by Assistant Mayor Britto)

Assistant Mayor Britto states the he just wants to plant the seeds for the long term.  He adds what they should start to take a look at is desalinization.  The Town of Swansea has one of the best in the world.  He discussed this with the City Manager and he states it is something the city is looking at.  They are also looking at exhaust to be used as steam.

City Manager Chapman states they have had discussions with the energy company and a non-binding a letter of intent was done.  They are at a stage where hopefully they can get it done and move it along.  The contract would come back before the Council.  

Councilwoman Sousa states that she is glad he brought this up.  She has been talking to the City Manager since May regarding renewable energy and was told they put out an RFP and received one of the largest turnouts for renewable energy

D.    Council members secretly recording other council members – Request for investigation (by Councilman Botelho)

E.     The Beauty of Life (by Councilman Faria)

F.      Revals Settlement Conference Update (by Councilman Faria)

Councilman Faria states that regarding the revaluations he has stayed on top of this and been diligent.  They will be meeting with Assistant Solicitor Craven at the beginning of the week.

G.    6^th Annual Food and Wine Pairing with Silent Auction for the Crescent Park Carousel (by Councilman Faria)

H.    National Arbor Day Recognition Tree City USA (by Councilwoman Sousa)

Councilwoman Sousa states that the city received a letter from Senator Reed for a certificate of accomplishment.  The city is nationally a tree city and has been on the tree city for over 20 years with over 48,000 trees in the City of East Providence sponsored by the Arbor Foundation and Urban Community Tree foundation.  She thanks Senator Reed for acknowledging the hard work the city does.  Trees provide us with oxygen and provide habitats for wildlife.

I.       State Street Culver Project Update (by Councilwoman Sousa)

J.       City Wide Recycling Program and Removal of Plastic Bags “Going Green” (by Councilwoman Sousa)

Councilwoman Sousa states that recycling is something she is very passionate about.  She has been looking into various recycling programs in the community and noticed that stores and assisted living places don't abide by the recycling program.  She will continue working with the recycling division and will reach out to communities with plastic free environments such as Burrillville, Newport, Portsmouth and Jamestown and will also work to come up with a commercial program.

X.                APPOINTMENTS

A.    Assistant Harbor Master (by Councilman Faria)

Robert Parks, 735 Willett Avenue (02915)

A motion to approve the Appointment is made Councilman Faria, seconded by Councilwoman Sousa and on a roll call vote it is unanimous. 

The Assistant Harbor master sworn in by Councilman Faria.

XI.             PUBLIC HEARING

A.    CDBG Annual Evaluation Report

David Bachrach announces that they are doing a 30 day public comment period for block grant funds and will post accomplishments on the website under the Planning Department and these can come in until October 6^th the public can make comments on the accomplishments made.

XII.          PUBLIC HEARING - ORDINANCES FINAL PASSAGE

A.  AN ORDINANCE AUTHORIZING THE CITY OF EAST PROVIDENCE  TO FINANCE THE DESIGN, CONSTRUCTION, REPAIR, REHABILITATION AND IMPROVEMENT OF STREETS AND SIDEWALKS IN THE CITY, INCLUDING BUT NOT LIMITED TO, DRAINAGE, TRAFFIC CONTROL DEVICES, SAFETY IMPROVEMENTS AND LANDSCAPING BY THE ISSUANCE OF NOT  MORE THAN $15,000,000 BONDS AND NOTES THEREFOR

WHEREAS, in the interest of public health and safety, the City of East Providence (the “City”) desires to undertake the design, construction, repair, rehabilitation and improvement of streets and sidewalks in the City, including but not limited to, drainage, traffic control devices, safety improvements and landscaping (the “Project”) and to finance the Project through the issuance of bonds;

            WHEREAS, the estimated maximum cost of the Project is $15,000,000;

            WHEREAS, the period of usefulness of the Project, as determined by the City Engineer and as approved by the City Manager, is expected to be approximately fifteen (15) years;

            WHEREAS, the net general obligation debt of the City (secured by the full faith and credit and taxing power of the City) as of October 31, 2016 was $28,123,690, and after the issuance of the Bonds is expected to be approximately $43,123,690, and the Bonds will be within all debt and other limitations prescribed by the Constitution and laws of the State of Rhode Island.

NOW THEREFORE, THE CITY COUNCIL OF EAST PROVIDENCE HEREBY ORDAINS:

SECTION I.  In addition to sums heretofore appropriated, the sum of $15,000,000 is appropriated to finance the Project.

SECTION II.  Pursuant to Rhode Island General Laws Chapter 45-12 and Article IV of the East Providence Home Rule Charter, the Director of Finance and the Mayor are authorized to issue general obligation bonds of the City in an amount not to exceed $15,000,000 (the “Bonds”) in order to meet the foregoing appropriation.

SECTION III.  The said officers from time to time may issue and refund not exceeding $15,000,000 interest bearing or discounted Notes in anticipation of the issue of said Bonds.

SECTION IV.  The manner of sale, forms, amount, denominations, maturities, conversion or registration privileges, interest rates, and other conditions and details of the Bonds and Notes authorized herein shall be fixed by the said officers.  To the extent of any inconsistency between Article IV of the Home Rule Charter and Chapter 45-12 of the Rhode Island General Laws, the General Laws shall control.  The City may enter into a financing and/or other arrangements with the Rhode Island Infrastructure Bank, and with respect to such agreements, if any, the City may elect to have the provisions of Title 46, Chapter 12.2 of the Rhode Island General Laws apply to the issuance of Bonds or Notes hereunder.

SECTION V.  The City Council hereby authorizes the Director of Finance and the Mayor, acting on behalf of the City, to issue the Bonds and Notes for the purposes set forth herein and to take all actions as they deem necessary to effect the issuance of the Notes and Bonds.  The Bonds and Notes shall be issued by the City under its corporate name and seal or a facsimile of such seal.  The Bonds and Notes shall be signed by the manual or facsimile signature of the Director of Finance and the Mayor.

SECTION VI.  The Director of Finance and the Mayor are hereby authorized to issue the Bonds and Notes and deliver them to the purchaser and said officers are hereby authorized and instructed to take all actions, on behalf of the City, necessary to ensure that interest on the Bonds and Notes will be excludable from gross income for federal income tax purposes and to refrain from all actions which would cause interest on the Bonds and Notes to become subject to federal income taxes.

SECTION VII.  The Bonds and Notes may be issued either alone or consolidated with other issues of notes or bonds of the City.

SECTION VIII.  The City’s Director of Finance is authorized to execute and deliver continuing disclosure certificates in connection with the Bonds and Notes issued by the City, in such form as shall be deemed advisable by the City’s Director of Finance.  The City hereby covenants and agrees that it will comply with and carry out all of the provisions of each continuing disclosure certificate, as it may be amended from time to time.  Notwithstanding any other provision of this ordinance or the Bonds or Notes, failure of the City to comply with any continuing disclosure certificate shall not be considered an event of default; however, any bondholder or noteholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this ordinance and under any continuing disclosure certificate.

SECTION IX.  The Director of Finance and the Mayor are also authorized, empowered and directed, on behalf of the City, to:  (i) execute, acknowledge and deliver any and all other documents, certificates or instruments necessary to effectuate such borrowing, including, without limitation, a Preliminary Official Statement, a final Official Statement, all in such form and with such provisions as such officer shall deem advisable; (ii) amend, modify or supplement the Bonds or Notes and any and all other documents, certificates or instruments at any time and from time to time, in such manner and for such purposes as such officers shall deem necessary, desirable or advisable;  (iii) do and perform all such other acts and things deemed by such officers to be necessary, desirable or advisable with respect to any matters contemplated by this ordinance in order to effectuate said borrowing and the intent hereof.

SECTION X.  This ordinance is an affirmative action of the City Council of the City of East Providence toward the issuance of Bonds and/or Notes in accordance with the purposes of the laws of the State.  This ordinance constitutes the City’s declaration of official intent pursuant to Treasury Regulation Section 1.150-2 to reimburse the City’s General Fund for certain capital expenditures for the Project paid on or after the date which is sixty (60) days prior to the date of this ordinance, but prior to the issuance of the Bonds and/or Notes.  Such amounts to be reimbursed shall not exceed $15,000,000, and shall be reimbursed not later than eighteen (18) months after (a) the date on which the expenditure is paid, or (b) the date the Project is placed in service or abandoned but in no event later than three (3) years after the date the expenditure is paid.

SECTION XI.  No Bonds shall be issued pursuant to the authority of this ordinance until a majority of the electors of the City voting on the question has approved the referendum below.  The question of the approval of the Bonds shall be placed before the qualified electors of the City of East Providence at the special election to be held on November 7, 2017, and shall be submitted in substantially the following form:

"Shall the issuance of up to $40,000,000 general obligation bonds of the City to finance the design, construction, repair, rehabilitation and improvement of streets and sidewalks in the City, including but not limited to, drainage, traffic control devices, safety improvements and landscaping, pursuant to Rhode Island General Laws Chapter 45-12 and Article IV of the City’s Home Rule Charter, be approved?"

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

Requested By:  Councilman Botelho

This was continued to Friday, September 8, 2017.

XIII.       LICENSES REQUIRING PUBLIC HEARING

A.    Secondhand Miscellaneous

Terrald L. Babers DBA Neighborhood Records & Comics, 281 Bullocks Point Avenue (02915), Terrald L. Babers, 37 Medberry Street (02915).

A motion to approve the License is made by Councilman Faria, seconded by Councilwoman Sousa and on a roll call vote it is unanimous. 

XIV.       LICENSES NOT REQUIRING PUBLIC HEARING

XV.          NEW BUSINESS

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

1.      Request for Approval of Agreement between City of East Providence and Local 850, IAFF, AFL-CIO

2.      Auto Excise (Car Tax) Reimbursement Information

3.      Capital Budget FY 2017-2018 presentation

This was continued to Friday, September 8, 2017.

4.      Budget FY 2017-2018 schedule and workshop dates

This was continued to Friday, September 8, 2017.

5.      Emergency Preparedness Information

This was continued to Friday, September 8, 2017.

6.      Fire Department Hazardous Materials Emergency Preparedness Grant Award

This was continued to Friday, September 8, 2017.

7.      Road Plan and Discussion

This was continued to Friday, September 8, 2017.

8.      Senior Center Designated Grant Award

This was continued to Friday, September 8, 2017.

B.     Reports of Other City Officials

1.   Claims Committee Report  of August 24, 2017 and September 5, 2017(by City Solicitor Gregory Dias)

C.    Report of School Committee Liaison

D.    Resolutions

1.   RESOLUTION RENAMING THE AGAWAM SOFTBALL COMPLEX THE HARRY C. MUTTER, JR. ATHLETIC COMPLEX

WHEREAS, Harry C. Mutter, Jr. was the Director of Buildings and Grounds for the City of East Providence School Department for four (4) years prior to retiring in 2006; and

WHEREAS, Harry served a long tenure on the East Providence Community & Teachers Federal Credit Union Board of Directors and volunteered as treasurer for the East Providence Heritage Days Committee; and

WHEREAS, Harry was the voice of the Townies at home football, basketball and volleyball contests and was the official scorer for the Brown University Basketball Program; and

WHEREAS, Harry was best known for his incredible athletic prowess beginning at East Providence High School where he was a stand out baseball and basketball player.  Harry was also a member of the 1961-62 R.I. State Championship Basketball Team that represented the state of Rhode Island in the New England Basketball Tournament at the Boston Garden; and

WHEREAS, Harry went on to become one of the greatest softball players and homerun hitters in Rhode Island history including playing on several state and New England championship teams including Conti Brothers, Taylor Brothers, the Hustlers and Bovi’s Town Tavern.  Harry was also named to the All World Softball Team in 1975 and was inducted into the U.S.S.S.A New England Hall of Fame and the East Providence High School Hall of Fame; and

WHEREAS, Harry hit over 1,204 home runs during his standout softball career and received numerous MVP awards and batting titles; and

WHEREAS, Harry spent over 40 years as a player and umpire at Agawam Softball Complex and it is the thought of his family, friends and City officials that it would be a fitting tribute to his legacy that the Agawam Softball Complex, which is the home of the Edward C. Mello and Francis Finn Fields, be named the Harry C. Mutter, Jr. Athletic Complex in his memory.

NOW, THEREFORE, BE IT RESOLVED that the Mayor of the City of East Providence and the City Council hereby rename the Agawam Softball Complex the Harry C. Mutter, Jr. Athletic Complex.

Requested by:  Assistant Mayor Britto

Assistant Mayor Britto called Mr. Mutters widow to the podium and he read the resolution.

A motion to approve the Resolution with the following changes; in the title remove the “renaming” and list it as “naming”, in the last paragraph remove the “rename” and list it as “names” is made by Assistant Mayor Britto, seconded by Councilman Botelho and on a roll call vote it is unanimous. 

2.   RESOLUTION REQUESTING AN AMENDMENT TO THE MOTOR VEHICLE TAX PHASE OUT

WHEREAS, the State of Rhode Island has initiated a motor vehicle tax phase out beginning in fiscal year 2018; and

WHEREAS, the City of East Providence has a distinct fiscal year separate and apart from the other 38 cities and towns in Rhode Island; and

WHEREAS, the City Council of the City of East Providence is requesting that the Rhode Island legislature and the legislative representatives from the City of East Providence request and approve an adjustment to said motor vehicle tax phase out to allow the citizens of East Providence to catch up with the other cities and towns so all communities in the state are on track to phase out the motor vehicle tax at the same time.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of East Providence requests that the Rhode Island legislature and the legislative representatives from the City of East Providence prepare and introduce an amendment to said motor vehicle tax phase out to allow the City to implement year one and two of said motor vehicle tax phase out in East Providence Fiscal Year 2018 (State of Rhode Island Fiscal Year 2019)  and allow the City to receive reimbursement for years one and two in East Providence Fiscal Year 2018 so the City will be on schedule with all other cities and towns.

Requested by:  Councilman Botelho

This was continued to Friday, September 8, 2017.

E.     Introduction to Ordinances

1.   AN ORDINANCE IN AMENDMENT OF CHAPTER 2 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “ADMINISTRATION”

SECTION I.  Division 1 entitled “Generally” of Article III entitled “Boards, Committees, Commissions” of Chapter 2 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Administration” is amended by adding thereto the following:

Sec. 2-35.  Definitions and Application

The general term “board and commissions” shall be construed to mean all boards, commissions, authorities, agencies and committees of the city and any group by any other title that shall function as an independent appointed body of the city. This shall include all bodies whether created by state law, home rule charter, city ordinance, council resolution or executive order and shall include bodies setup in other chapters of the revised ordinances and not limited to Chapter 2 bodies.

SECTION II.  Sec. 2-36 entitled “Meetings of boards, commissions, etc., to be made public” of Division 1 entitled “Generally” of Article III entitled “Boards, Committees, Commissions” of Chapter 2 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Administration” is amended to read as follows:

(a)   All local boards, and commissions, authorities, agencies and committees whose members are appointed by the city council, whether created by state law or local ordinances as defined in Section 2-35 shall hold their meetings open to the public in accordance with G.L. 1956, § 42-46-1 et seq., the Open Meetings Act, except that certain boards, commissions, authorities, agencies and committees may be exempted by act of the city council. Except that bodies may meet in executive session in accordance with R.I.G.L. § 42-46-4 and § 42-46-5.

(b)   Upon the conclusion of any public hearing the members of such board, commission, authority, agency or committee shall announce their decision by individually casting their votes at an open public hearing session.

(c)    All local boards and commissions shall keep minutes of their meetings and shall consider for passage the minutes of each meeting at the subsequent regular meeting or for bodies that do not maintain a set meeting schedule, at the next meeting called. If a body defers passage of the minutes from their previous meeting, a stated reason must be filed with the city clerk. All meeting minutes shall be signed as submitted by the taker of the minutes upon submission to the body for approval and shall be attested by the clerk of the body or in the absence of a clerk, by the presiding officer upon passage.

(d)   All local boards and commissions shall make their minutes available to the public in print either in the City Clerk’s Office or in an associated administrative department. In addition to the physical minutes, all local boards and commissions shall make the minutes of their meetings available through the city website, the city public meetings vendor used for city council minutes, or the Rhode Island Secretary of State’s website no less than fourteen (14) days after passage.

SECTION III.  Division 1 entitled “Generally” of Article III entitled “Boards, Committees, Commissions” of Chapter 2 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Administration” is amended by adding thereto the following:

Sec. 2-37.  Rules of Appointment

(a)    No person shall serve on more than one (1) board or commission with administrative, policy or judicial authority and one (1) other board that is advisory. Anyone presently serving on more than one (1) board or commission with administrative, policy or judicial authority or one (1) advisory board or commission must choose to resign from all but one board within sixty (60) days of passage of the ordinance, if a member fails to resign they will be deemed removed from all but their most recent board appointment. The limit of service on more than one (1) boards and commission shall not extend to boards and commissions in which the person’s service was at the appointment of another board or commission to which they are to serve as a liaising or ad-hoc member.

SECTION IV.  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

This was tabled by Councilman Faria

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

SECTION I.  Subsections (2), (4), (9), (10) and (16) of Section 10-51 entitled “Prohibited; unnecessary noise standard” of Chapter 10 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Nuisances” are amended to read as follows:

(2)        Radios, phonographs, etc. The using, operating, or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person who is in the room, vehicle or chamber in which such machine or device is operated and who is voluntarily listening thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 76:00 a.m. in such a manner as to be plainly audible at a distance of 50 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section;

(4)        Yelling, shouting, etc. Yelling, shouting, hooting, whistling, or singing on the public streets, particularly between the hours of 11:00 p.m. and 76:00 a.m. or at any time or place so as to annoy or disturb the quiet, comfort, or repose of persons in any office, dwelling, hotel or other type of residence, or of any persons in the vicinity;

(9)        Loading, unloading, deliveries, opening boxes. The creation of an unlawful noise resulting indirectly or directly from any loading, unloading, or delivery to any party that generates sound within or projects sound into a residential use district between the hours of 67:00 p.m. and 76:00 a.m. or any other loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers;

(10)      Construction or repair of buildings. The erection (including excavation), demolition, alteration or repair of any building other than between the hours of 76:00 a.m. and 67:00 p.m. on weekdays, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the building inspector, which permit may be granted for a period not to exceed three days or less while the emergency continues, and which permit may he renewed for periods of three days or less while the emergency continues. If the building inspector should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways within the hours of 67:00 p.m. and 76:00 a.m., and if he further determines that loss or inconvenience would result to any party in interest, he may grant permission for such work to be done within the hours of 67:00 p.m. and 76:00 a.m., upon application being made at the time the permit for the work is awarded or during the progress of the work;

(16)      Pile drivers, hammers, etc. The operation between the hours of 10:00 p.m. and 76:00 a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise;

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

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

SECTION III.  Section 10-53 (after Table I) entitled “Decibel provisions” of Chapter 10 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Nuisances” is amended by adding thereto the following:

(5) For the purposes of this section, daytime is defined as 6:00am to 7:00pm.

SECTION IV.  Subsection (5) (after Table II) of Section 10-53 entitled “Decibel provisions” of Chapter 10 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Nuisances” is amended to read as follows:

(5)(6)  If the noise occurs between the hours of 10:00 p.m. and 76:00 a.m. on Monday through Saturday or at any time on Sunday or holidays, seven shall be subtracted from each of the decibel levels given in Table I.

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

Requested by:  Councilwoman Sousa

This was continued to Friday, September 8, 2017.

A motion at 10:27PM to move all remaining items and continue the meeting to Friday, September 8, 2017 with an Executive Session to be held at 5:30PM and an open session to begin at 5:45PM is made by Councilman Botelho, seconded by Councilwoman Sousa and on a roll call vote it is unanimous. 

XVI.       ADJOURNMENT