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CITY OF EAST PROVIDENCE

RHODE ISLAND

DOCKET OF REGULAR COUNCIL MEETING

April 3, 2018

7:00 P.M.

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

7:00 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).

A. Claims

1. Diana Coles

2. Francis P. Crawley

3. Tracey Lee-Mignacca

4. Li Ma

5. Jennifer Retamoza

6. Sonia Vieira

7. Ashley Vigliotti

8. Wilbur & Associates (Amica Mutual Ins./John Arruda)

B. Pending Claims

1. Florence Lopes

C. Sewer Charge Abatements

1. Steven Criner

II. OPEN SESSION

III. CALL TO ORDER

Mayor Briden calls the meeting to order at 7:32PM

IV. SALUTE TO THE FLAG

Mayor Briden moves the East Providence Police Department Swearing-In Ceremony to this location on the docket.

V. PROCLAMATIONS AND PRESENTATIONS

A. Swearing in of new East Providence Police Officers

VI. TO APPROVE THE CONSENT CALENDAR

A. Letters

1. Notice of new property zip code 0 Kettle Point Avenue (02914), Map 209, Block 03, Parcel 001.40, Zoning KP.

2. Resolution from the Town of Glocester in support of House Bill #7501 and Senate Bill #2419 relating ot the implementation of in person early voting.

3. Resolution from the Town East Greenwich School Committee in support of School Construction.

4. Resolution from the Town East Greenwich School Committee in support of Gun-Free Schools.

5. Resolution from the City of Warwick in support of the removal of the sunset provision in the residential mortgage foreclosure mediation program.

6. Resolution from the Town of Smithfield in support of School Construction.

7. Resolution from the Town of Charlestown in opposition to the proposed inclusion of the North Atlantic Region in the 2019-2024 National Outer Continental Shelf Oil and Gas Leasing Program.

8. Resolution from the Town of Jamestown in support of the removal of the Sunset Provision regarding the Residential Mortgage Foreclosure Mediation Act.

9. CRMC March 2018 Meeting Calendar.

10. Notice of New Property Number 17 Bluff Street re: 15-17 Bluff Street, Map 312, Block 33, Parcel 008.00, Zoning R4.

B. Cancellation/Abatements

Year	Amount
2014	$659.45
2015	$557.43
2016	$429.51
2017	$25,014.64

Total	$26,661.03

C. Council Journals

1. Council Journal Regular Meeting February 20, 2018

2. Council Journal Regular Meeting March 6, 2018

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

Mayor Briden moves the School discussion to this location on the docket.

A. School Bond Referendum (by Mayor Briden)

A discussion regarding the cost of the construction of a new high school $189,500,000 with a 54.5% reimbursement rate. The Governor's proposal could potentially increase this reimbursement by 20% for a total of 74.5% if all of the requirements are met regarding the incentives and a possible vote to approve the School Committee's recommendation to move forward the School Construction bond on the November, 2018 ballot.

A. City Managers Report (by Acting City Manager Malcolm Moore )

1. School Bond Presentation

School Committee Member Cahoon is present and speaks. He notes a new high school is going to steer the direction of East Providence for the next century. It will give the opportunity to East Providence kids to compete with the kids of other school districts in Rhode Island and Massachusetts. The number is based on an estimate that the school building committee has constructed over the last year and a half. It has been vetted by an architectural firm and the panel containing a number of experts. These are absolute numbers. The baseline reimbursement is guaranteed. This would leave the city with a bill of $116 million. If they are able to capture all the incentives. This would leave the city with a bill of $89 million. In essence, they would be purchasing a $189 million facility for $90 million. He adds they need to strike while the iron is hot before other communities reach for this money.

Mayor Briden states he appreciates this and thinks everyone likes the idea of a new high school and that they all are excited about this and recognize the importance of the new school. The primary objective for the council this evening is currently they have a 5 year budget plan which projects an annual tax increase of approximately 3% each year and builds in $2.3 million for synchronization and this could be reallocated for a school bond. The key is how do they get to a fiscal impact analysis over the next 5 years for tax rates? How much more beyond the 3% would this trigger? In conjunction with the finance director he would like to know how long the bond and phasing-in will be? They have a cap on tax increases of 4% from the State. Would they be responsible for having an 8% tax increase in the future?

Assistant Mayor Britto asks if there are any actual numbers and if this is the baseline.

Superintendent Crowley states this is the baseline to allow them to seek approval from the voters. It will include the high school, career and tech and fields and is based on construction costs 2 years from now. It includes a 21st century high school. The rest amounts to $54 million and is non reimbursable costs such as the athletic fields, auditorium and double gymnasium. Over a certain square footage per pupil RIDE does not reimburse. They have to bond for the full amount before reimbursement. RIDE will reimburse up to $135 million with a minimum of 54.5% reimbursement. Adding costs not covered and those for which the city is responsible the worst case scenario would total $115 million. By April 10^th RIDE has to go before the Board of Governors to have approval to go out to bond. Then the Board of Education meets in May. Then it goes to the House and Senate for approval.

Councilman Faria asks if the scope is not all covered, could they reduce the scope.

Superintendent Crowley states they cannot reduce it as that it is what they need for a 21st century school. She adds that Mr. Fazioli from PFM financial advisors had provided some analysis to Acting City Manager Moore and Mr. Luba. One point they want to make is that whatever the amount is approved it still has to come to the city council at that time to authorize the amount of the bond. They still have the opportunity to have those questions answered in November.

Councilman Faria asks about the tax rate.

Mr. Fazioli states that this ranges whether or not the synchronization fund is used, it could be 1.73%-2.26% or 1.10%-1.15%.

Councilman Faria asks if that would be 7-10% and the response is yes. This would add approximately $400-$500 per year for the average tax payer.

Mayor Briden states if they earmark $2.3 million for debt service, has it been figured out based on the 5 year plan what the tax increase will be as they are currently set at 3% annually.

Superintendent Crowley states last week she testified at the General Assembly committee and will do so again to obtain reimbursement money up front. The Governor is behind this and supportive as is the General Treasurer.

School Committee Member Cahoon states he doesn't feel the council’s numbers are that far off and he would be remiss if he didn't let them know the Town of Attleboro spent $260 million on their facility for their high school. If East Providence is the last to build people will look elsewhere.

Acting City Manager Moore explains he knows they have all worked diligently and there will obviously be a tax increase and in looking at the 5 year projection which was a 3% increase each year that is an additional 1% in the cap and it will go higher each year 6,7 or 8 or 9 maybe 10%.

Mayor Briden states a lot of this is making sure everyone knows how this is going to play out, synch fund and other variables. The 25 year bond helps. The Assessor ran the numbers at 5.3 which would be a 5% tax increase. He spoke to the bond attorney earlier today and there are previous bonds on high schools and if they have a change of use there could be tax implications.

Mr. Fazioli states the number one factor in increasing the tax base is good schools.

Superintendent Crowley provides handouts to council and Mr. Luba.

Mayor Briden notes it is of great importance to have a 5 year plan and the city finished the first 5 year plan and started on the second 5 year plan in the fall. Based on the different scenarios what would be helpful is if they could take each scenario and fit it into the 5 year plan which is based on $2.3 million being paid towards the debt service under each of the 3 scenarios.

Mr. Luba notes they should also be asking what they foresee in the next 5 years for example a road bond or other things needed for emergencies. They do have some surplus and this school is important however it is probably not the only need the city has so they need to think about if there any other building needs the city will want to have some tax leeway.

Superintendent Crowley states the schools have a 5 year plan to upkeep buildings and also SBA funds reimbursable to them and they have their own plan which is financially responsible and they will not be coming to the city to look for any financial aid in that respect.

Mayor Briden states they need to take into account what they will spend on the schools going forward for 5 years. This would mean the tax increase will be higher than 3%. There will be one year where it will be high without using the synch fund it could be 10%.

Councilman Botelho asks if this will max out their bond capacity and Mr. Luba states yes for many years.

Councilman Botelho states the concern he has is that right now the economy is moving along at a nice clip and it wasn't a few years ago where people were being foreclosed on left and right and East Providence was hard hit and what the debt capacity will be with the bond and how it will effect that.

Mayor Briden states his concern when watching the initial presentation is comparing two things one which was to repair at $100 million as compared to construction of a new facility which wasn't going to cost much more than that approximately $120 million. A plan which would cost 1/3 less than what is being presented now and then with the reimbursement they would position themselves better when the economy changes. It’s like being able to afford a house for $300,000 and buying one for $500,000. They seem to be signing onto something that is more expensive than anticipated and that if they reached this phase they would modify the plan then still have the ability to strike a balance and maintain roads. Even at the last meeting they discussed this and the overall balance now is what concerns him. The answer was they could essentially cover it with the $2.3 million and if not they would make changes. He is wondering if there is a way to forego other portions to get the science labs etc...

Councilman Faria calls School Committee Member Tony Ferreira to the podium. He asks him if he would be surprised if this project goes up to $230 million.

School Committee Member Ferreira states his concern is what happens if it does.

Assistant Mayor Britto states as prices start to escalate they have to value engineering and have to adjust at that point.

Mayor Briden explains there will be a special meeting to continue the school discussion and this will include the resolution. The meeting is being held on Thursday, April 5, 2018 at 7:30PM in the Council Chambers.

VII. PROCLAMATIONS AND PRESENTATIONS

B. Citation of Recognition to Rodrigo Pimentel (by Councilman Faria)

Councilman Faria reads a biography on Mr. Pimentel and presents him with a citation of recognition for his dedication to assisting families with immigration issues in the city, state and nationally.

VIII. COMMUNICATIONS

A. Kevin Oliver, 62 Wilmarth Avenue (02915) requesting to address the Council regarding the Social Media Policy and review.

Mr. Oliver states he was here on February 6^th to discuss the social media policy and that Councilman Faria tried to intervene and whether or not that was allowed was under question.

Mr. Oliver asked Councilmembers if they had the password to the city’s Facebook page. He reads a sheet of paper from an APRA request which has a list of names of persons who have access to the Facebook page, Robin Robinson, Kelly Ahrens, Kim Casci, Willie Nelson and Brian Faria.

Councilman Faria states that Mr. Oliver is here to speak on the social media policy not to attack council members and he makes a motion for a point of order as he is taking a personal shot.

Mayor Briden requests the Solicitor to rule on this point of order to see if there are any rules being broken.

Solicitor Dias states according to the council rules of procedure there is nothing in there which states anything about personal attacks.

Mayor Briden states they look to the solicitor for rulings on these matters.

Mr. Oliver states when Councilman Faria said he didn't have access to the page that would be a lie.

Councilman Faria replies that Mr. Chapman gave Ms. Casci the password and when IT came to give it Ms. Casci she wasn't present at the time and IT showed it to him and he later showed it to her. Councilman Faria asked the City Clerk to explain when this took place.

City Clerk Casci explains on the day when IT came to provide the password she had stepped out to pick up a gift for an employee in her office who was retiring at the end of the day and she was not present to receive the password from IT but Councilman Faria was.

Assistant Mayor Britto states the concern came when he brought this to the attention of the council and in his explanation he kept saying posting when in fact it was editing. There was posting on a Sunday morning at 2:00AM etc… it was editing. He could not believe Ms. Ahrens was editing at that time and Councilman Faria called her up and she stated she was. When he asked the question it was denied that anyone had access.

Councilman Botelho states the gist of Mr. Oliver’s points made here today aside from the points with Mr. Faria is that Facebook is an important issue. Facebook has problems of its own and maybe the City should not have one being that they track peoples every movement. However, getting an overall communications policy in place and how it is directed is important for example, the water letters went out and it was in scary language and that horrified people and a number of other issues have happened which were not handled in a great way and hopefully between now and January they can make changes so they don’t have discussions like they are having today and if Mr. Oliver has some input the Council welcomes it.

B. Samantha Burnett, 304 Wilson Avenue (02916) requesting to address the Council regarding two year/four year terms limits for East Providence City Council members.

Ms. Burnett asks if the council is sworn in under oath at each meeting or if they are under oath at all times. Solicitor Dias states they are not under oath. Councilman Botelho states they take an oath when they get sworn in and that applies. Solicitor Dias states this is a different oath.

Ms. Burnett states she is here to address the codification of the 2-4 year terms. As a resident of East Providence she lives in Ward 1 and is an advocate of open government, she is a member of the Economic Development Commission and is a campaign manager for 2 gentlemen in the upcoming election. She has no idea if the codification has taken place and if this council will remain seated and she cannot find an updated revision of the charter. She is wondering how other people would know and what does that look like for the residents. They are living in a city which does not provide open government for its citizens. They should not have to rely on social media. Tonight she is going to the source and getting her answers and sharing this with the people.

Mayor Briden poses the questions of Mr. Dias.

Solicitor Dias states he believes the codification was done. There was an election in 2012 and 4 year terms for school committee and city council were approved on that ballot. Anything which effects the upcoming election the Solicitors office has not given an opinion on as they would have a conflict as they are sworn in for a term concurrent with the city council.

Councilman Faria asks Solicitor Dias about the fact that the Charter Commission has made the Solicitor’s Office to be a mayoral appointment so they would be coming in those terms and will then be the mayor's appointment when the new mayor comes in.

Solicitor Dias explains if he feels there is a conflict he does not have to do it.

Ms. Burnett explains she is here to get answers for the people not here to bash anyone and is not going to even name the candidates she is working for.

Councilman Botelho states everyone has crafted a story around this whole issue. He had disagreements with Mr. Dias on this item.

Ms. Burnett asks are there charter revisions which will interfere with the race and Mr. Dias responds possibly.

Ms. Burnett asks if he knows when the charter revisions will be on line and Mr. Dias responds this is in process.

Ms. Burnett asks who wrote the opinion regarding the 2 year and 4 year terms and Mr. Dias responds he did not.

Ms. Burnett asks if Assistant Solicitor Craven did and Mr. Dias states yes.

Ms. Burnett asks did anyone ask you and Mr. Dias states the Mayor asked but that he stated they had a conflict.

Mr. Burnett asks if Mr. Dias knows who asked Assistant Solicitor Craven and he said he does not.

The City Clerk was asked when the 4 year terms were codified and she responds 3 weeks or so ago.

Councilman Sousa states that she spoke to Mr. Craven.

Councilman Faria states that the Clerk needed wording for the codification company and Assistant Solicitor Craven provided that.

Assistant Mayor Britto, Mayor Briden and Councilman Botelho all stated they never asked for an opinion but Councilman Botelho states he gave his to Solicitor Dias.

Councilman Faria states the language is clear and it should have been codified in 2014 as far as this last election they vote for a candidate not necessarily a term.

Mayor Briden states he doesn't know at this point as he doesn't have enough information.

Assistant Mayor Britto states that he ran with the intent of 2 years being on the ballot although he would like to hear a court decision, this is his intent.

Councilman Faria asks why the previous council did not take action and Assistant Mayor Britto states it was never brought up with ample time to have that discussion. Adding the charter commission never brought it up and there was even a special meeting in August and it was never brought up at that time and it never came up in public comments.

Councilman Botelho states he appreciates her concern and if she wants the whole story only taking a snip-it doesn't do it justice. In 2012, the charter change gave the city council 4 year terms. In his opinion, a conspiracy commenced to rob the people of that vote. The council was told any amendments had to be approved by the General assembly where it was killed. It never fully passed. When he first got sworn in it was the first thing he asked. The vote of the people was stolen from them. That opinion was bogus and he did months of research going over case law and hundreds of documents to solve this problem to answer what she is looking for. He adds he put it up on his Facebook site. The Supreme Court had a ruling for the Town of Lincoln. The City of Cranston and Town of Johnston passed term changes which never went to the General Assembly. All the city clerk did was her job. After that they have to take their question to the appropriate court or agency. He was going to run for something else so it is not self-serving. Based off of this information the Solicitor has the opinion that it is almost self-serving and is a conflict of interest in which they get 2 extra years and using a 3rd party may be an option. This council didn't make the mess but are trying to clean it up as usual they look like the bad guys. It’s gone as far as can go let those after them figure it out

Councilwoman Sousa agrees and asks Solicitor Dias how long it will take to codify what the charter commission worked on. Solicitor Dias reports they are working on it presently and it will be done this summer before the elections.

Councilman Faria responds they didn't ask for this but they can't turn away from a mistake and the court has spoken in previous cases.

Councilman Botelho states they could seek a declaratory judgement but they can't sue themselves.

Solicitor Dias states that is correct there is an issue as to how to get this before the court.

Councilman Botelho states they kind of have to let this play out where ever the decision is made will be the flashpoint.

Assistant Mayor Britto states he has had time to think and obviously it needs a 3rd party attorney but attorneys will have different opinions. Adding that hopefully it will get settled in a court of law.

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

C. Thomas Riley, 3620 Pawtucket Avenue (02915) requesting to address the Council regarding Social Media Policy.

Mr. Riley speaks regarding Kevin Oliver and his comments and adds just because Brian Faria produces a lot doesn't mean it's the Brian Faria show. If Greg Amore puts information up on line about a bill no one complains it’s the Greg Amore show. Kevin Oliver behaved like an interrogation officers regarding the city's Facebook page. This page is open to all council members. He then shows printed copies of all the representatives and senators posts and the ones shared on the city’s site.

IX. PUBLIC COMMENT

A. James Dealy – Grant for EBCAP (heard under public hearing)

B. Angela Reta – Grant for EBCAP (heard under public hearing)

C. Connie Bradley – New High School (not present item discussed earlier)

D. Joshua Luis Pereira, 64 Child Street (02914) – Operation Whiteknact Playground

E. Jason Desrosier, 88 Village Green North (02915) – City Priorties

F. Melissa Driscoll – East Providence (not present this item discussed earlier)

G. Adam Miner – 2-4 Year Terms

H. Kristin Emmott – High School (not present this item discussed earlier)

X. APPOINTMENTS

A. Planning Board (by Councilman Faria)

Eric Crook, 39 Carousel Drive (02915)

XI. COUNCIL MEMBERS

B. School Bond Referendum (by Mayor Briden)

C. Phone Tax, Gas Tax and Rhode Island Lottery Money – Where does it all go? (by Councilman Botelho)

Councilman Botelho congratulates the new police recruits being sworn in today. One of the new recruits he knew since he coached him in little league. East Providence has the best police department in the State of RI. It amazes him how time goes by in our little state and he is reminded by a recent discussion of the cell phone tax which was to fund 911 and today 60% is diverted to the general fund. This is not the only time this has happened. RI has one of the highest gas taxes in the country which the reason given at the time was for it to be allocated to the roads, yet we are having to look for funding to repair our roads, all the proceeds from the lottery was to go into schools if that were the case we wouldn't be having the discussion tonight about fixing the schools. A representative in Pawtucket wants to pay people $10,000 to move here yet the people already doing the suffering and paying get nothing. He spoke before about the illusion of democracy and until people see where all the money goes they have to become more engaged. When they talk to certain legislators about this they get the answer this is the way it's always been done. It will be up to the young ones to take the bull by the horns to look at these and to try to change things.

D. City Contracts In General (by Councilman Botelho)

Councilman Botelho states this item is related to certain oddities around contracts being negotiated which has caused him a great deal of concern. At the last meeting a trash contract extension was requested and he asked to further reevaluate it. It's a $10 million extension for 5 years and this is all they had received and he holds up one sheet of paper. He adds that he sat here for 6 years in the 1980s and this was not how it was done. He cannot make a decision on something of that nature like this. Since there is a change in the city manager’s office it negates him requiring to suggest what he was going to at this point.

E. The Tomorrow Fund (by Councilman Faria)

Councilman Faria states that Blake Costa has been battling with this disease since he's was 18 months old and last year they raised $15,000 with this walk. People can register on line or go to the Tomorrow Fund website. The walk is April 8^th, 2018 at 100 Midway Road, Cranston, Rhode Island. He adds that last year they came in first place.

F. Waterfront Commission Resolution (by Councilman Faria)

Councilman Faria deferred this item.

G. Hiring Practices (by Councilman Faria)

Councilman Faria states the city website is a mess there are jobs being posted but where do people find them. He adds that both he and Councilwoman Sousa have received complaints that no one can find them and when they do the links lead them to a different area.

Acting City Manager Moore notes this is the first he has heard of it and they can fix that.

Councilwoman Sousa adds she has talked about this a few different times. The website is not user friendly. Department Heads would supply the information she doesn’t know where the disconnect is and perhaps it is because the content developer had been out and they are catching up with that now.

H. Request a list of attorneys who have been retained by the city since December 6, 2016 projects they have worked on, billable hours and cost to the city. (by Councilman Faria)

Solicitor Dias states that he can have this document to the Councilman.

A motion to approve is made by Councilman Faria, seconded by Councilman Botelho and on a roll call vote the motion passes with Mayor Briden Abstaining.

I. Petition to Public Utility Commission Regarding LED Update (by Councilman Faria)

Councilman Faria states he wants to get to the finish line on this item. He campaigned on this issue and last year sponsored the resolution to move forward. There is a tremendous amount of savings. They are looking at $600,000 in annual savings a year. In February at a press conference the city manager assured him that the petition was to be filed no later than February 16^th. He notes he called the city manager on a daily basis and was told the law department was busy but would get to it and that by March 5th there was a draft format and that this would be sent to him and it will be completed. He then asks Solicitor Dias where this is in the process. Solicitor Dias stated that Assistant Solicitor Conley is working on it and that there were a number of grievances in the Fire Department which had to be dealt with immediately. He added it is 95% done and in draft form.

Councilman Faria states that he has been more than patient.

Acting City Manager Moore states that it's a numbers game. If they are going to have to pay $300,000 for the purchase and are going to save $600,000 annually at the end of first year they would be $300,000 to the good rather than waiting 6 months to pay zero. If it's going to be 6 months out just bite the bullet. He adds that he wouldn't mind sitting down with National Grid to see if they can come up with a solution.

Councilman Faria responds that yes he still wants to file the petition but is interested in hearing about this.

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

J. Community Thank Yous (by Councilwoman Sousa)

Councilwoman Sousa states the previous council meeting had been postponed and this item was last month's thank you from the Women's History Month event which she hosted. There was a panel of 9 women from state leadership positions, CEOs and private industry. Students from the high school both seniors and sophomores were the audience. The dialogue was robust and the girls had wonderful questions. It was uplifting and inspiring and the panelists spoke a lot about making a difference in the community and in school. Elmer Pina assisted. There were refreshments donated by the Burrito Bowl and the John Street Dunkin Donuts. Superintendent Crowley was also a panelist. It was an uplifting event. In addition she would like to note that there was a pretty significant snow storm and DPW did a phenomenal job cleaning the streets.

Councilman Faria adds that East Providence has the best DPW in the State.

Councilwoman Sousa thanks Chief Parella for the great presentation regarding the new employees and all the work the EPPD does and notes that recently Officer Chico was put to work right away and he does a great job.

K. Community Meeting held at City Hall, Conference Room A on April 2nd 6:00pm; inviting all residents to discuss Road Work and Sidewalk Replacement Project this summer (by Councilwoman Sousa)

Councilwoman Sousa reports there was a community meeting held and it was a good meeting. It wasn't as large as she expected but there was a lot of feedback via email and phone calls. She notes Councilman Faria also attended. She thanks Director Coutu and Erik Skadberg, City Engineer, for attending and showing maps. It was very informational. She adds that if bids come in at a good amount maybe they can do more of these meetings.

XII. LICENSES REQUIRING PUBLIC HEARING

A. B Full Privlege Vict

Good Ventures Holdings, Inc. DBA Midici The Neopolitan Pizza Company, 75 Highland Avenue (02914), Brian Moy, 75 Cushing Road, Westwood, MA 02090.

Brian Moy and Jamie Venature are both present.

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

XIII. LICENSES NOT REQUIRING PUBLIC HEARING

A. Vict Over 50

Good Ventures Holdings, Inc. DBA Midici The Neopolitan Pizza Company, 75 Highland Avenue (02914), Brian Moy, 75 Cushing Road, Westwood, MA 02090.

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. PUBLIC HEARING

A. 2018-2019 CDBG Funding

David Bachrach from the Community Development Office comes to the podium. Mr. Bachrach states this is a federally funded program. There are $740,000 for programming. He asks those with proposals who are present and wish to speak to come to the podium.

Testifying Under Public Hearing:

1. Laura Bryan, 69 Doyle Avenue, Providence, Executive Director Lead Action Program

2. Martin DeCosta, 31 Weybossett, Street Providence Associate Director Boys and Girls Club East Providence

3. James Dealy, 56 Larke Street, East Providence, EBCAP

4. Angela Reta, 823 Warwick Avenue, Warwick, EBCAP

5. Thomas Harrington, 95 Newman Avenue, East Providence, President Rumford Towers Resident Association

6. Jennifer Wood, 320 Rider Avenue, Providence, Executive Director RI Center for Justice

7. Damian Ramos, East Providence Mohawks

Mr. Bachrach states that this evening represents a 30 day comment period and if there are significant constituency outreach processes for elected officials they invite all to contact the Community Development Office or the City Council to provide comments. This will be on the city webpage also. Then the office will submit everything to HUD. Mr. Bachrach then reads what is being recommended and notes he will also place these on the website. Adding that the city is in the 3rd year of its 5 year plan.

XV. NEW BUSINESS

B. City Managers Report (by Acting City Manager Malcolm Moore )

1. School Bond Presentation

This item was discussed earlier.

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 Faria to convene in closed session for the purposes of discussing claims & litigation. Upon a roll call vote: Councilman Botelho – Aye, Assistant Mayor Britto – Aye, Councilman Faria – Aye, Councilwoman Sousa – Aye, Mayor Briden – Aye, the motion is approved 5-0.

EAST PROVIDENCE CLAIMS COMMITTEE

CLAIMS & LITIGATION REPORT

TUESDAY, APRIL 3, 2018; 7:00 P.M.; ROOM 101

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

NEW CLAIMS

DIANA COLES $69.98

RM No. 18-027, Claim No. 18-017

Claim for property damage to vehicle sustained as a result of striking a pothole on Roger Williams Avenue.

Motion by: Councilman Britto Seconded by: Councilwoman Sousa

Motion: Approve the claim in the amount of $69.98.

VOTE	COUNCILMAN BOTELHO	ASST. MAYOR BRITTO	COUNCILMAN FARIA	COUNCILWOMAN SOUSA	MAYOR BRIDEN
Aye	√	√	√	√	√
Nay
Abstain
Absent

FRANCIS P. CRAWLEY $343.34

RM No. 18-029, Claim No. 18-019

Claim for property damage to vehicle sustained as a result of striking a pothole on Roger Williams Avenue.

Motion by: Councilman Britto Seconded by: Councilman Faria

Motion: Deny the claim.

VOTE	COUNCILMAN BOTELHO	ASST. MAYOR BRITTO	COUNCILMAN FARIA	COUNCILWOMAN SOUSA	MAYOR BRIDEN
Aye	√	√	√	√	√
Nay
Abstain
Absent

TRACEY LEE-MIGNACCA $124.76

RM No. 18-023, Claim No. 18-011

Claim for property damage to vehicle sustained as a result of striking a pothole on Summit Street.

Motion by: Councilman Britto Seconded by: Councilman Botelho

Motion: Approve the claim in the amount of $124.76.

VOTE	COUNCILMAN BOTELHO	ASST. MAYOR BRITTO	COUNCILMAN FARIA	COUNCILWOMAN SOUSA	MAYOR BRIDEN
Aye	√	√	√	√	√
Nay
Abstain
Absent

LI MA $1,334.50

RM No. 18-025, Claim No. 18-015

Claim for reimbursement of expenses incurred as a result of a sewer backup. See recommendation of the Director of Public Works.

Motion by: Councilman Britto Seconded by: Councilman Botelho

Motion: Deny the claim.

VOTE	COUNCILMAN BOTELHO	ASST. MAYOR BRITTO	COUNCILMAN FARIA	COUNCILWOMAN SOUSA	MAYOR BRIDEN
Aye	√	√	√	√	√
Nay
Abstain
Absent

JENNIFER RETAMOZA Unspecified

RM No. 18-041, Claim No. 18-027

Claim for personal injuries sustained as a result of a slip and fall on ice on the sidewalk in front of East Providence Wieners on Taunton Avenue. Recommend referral to the insurance carrier.

Motion by: Councilman Britto 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

SONIA VIEIRA $260.94

RM No. 18-024, Claim No. 18-014

Claim for property damage to vehicle sustained as a result of striking a pothole on Vanderland Avenue.

Motion by: Councilman Faria Seconded by: Councilman Britto

Motion: Deny the claim.

VOTE	COUNCILMAN BOTELHO	ASST. MAYOR BRITTO	COUNCILMAN FARIA	COUNCILWOMAN SOUSA	MAYOR BRIDEN
Aye	√	√	√	√	√
Nay
Abstain
Absent

ASHLEY VIGLIOTTI $3,752.97

RM No. 18-040, Claim No. 18-026

Claim for property damage sustained when a large tree branch fell on claimant’s vehicle while parked in front of Oldham School. Recommend referral to the insurance carrier.

Motion by: Councilman Britto Seconded by: Councilman Faria

Motion: Refer the claim to the insurance carrier.

VOTE	COUNCILMAN BOTELHO	ASST. MAYOR BRITTO	COUNCILMAN FARIA	COUNCILWOMAN SOUSA	MAYOR BRIDEN
Aye	√	√	√	√	√
Nay
Abstain
Absent

WILBER & ASSOCIATES $1,968.55

(AMICA MUTUAL INS./JOHN ARRUDA)

RM No. 17-064, Claim No. 18-021

Claim for property damage to insured’s vehicle sustained as a result of an accident with a police vehicle.

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

FLORENCE LOPES $2,027.90

RM No. 17-105, Claim No. 18-002

Claim for personal injury sustained and expenses incurred as a result of a trip and fall on an uneven sidewalk.

Motion by: Councilman Britto Seconded by: Councilwoman Sousa

Motion: Approve the claim in the amount of $2,027.90.

VOTE	COUNCILMAN BOTELHO	ASST. MAYOR BRITTO	COUNCILMAN FARIA	COUNCILWOMAN SOUSA	MAYOR BRIDEN
Aye	√	√	√	√	√
Nay
Abstain
Absent

SEWER CHARGE ABATEMENTS

STEVEN CRINER $784.02

Request for a sewer charge abatement for the property located at 18 Yale Avenue in accordance with City Ordinance Sec. 17-183(g).

Motion by: Councilman Britto Seconded by: Councilman Botelho

Motion: Approve the sewer charge abatement in the amount of $784.02.

VOTE	COUNCILMAN BOTELHO	ASST. MAYOR BRITTO	COUNCILMAN FARIA	COUNCILWOMAN SOUSA	MAYOR BRIDEN
Aye	√	√	√	√	√
Nay
Abstain
Absent

A motion is made by Councilman Botelho, seconded by Councilwoman Sousa to adjourn at 7:25 p.m. and reconvene in open session. Upon a roll call vote, the motion is approved 5-0.

A motion to approve the Claims Committee Report is made by Councilman Botelho, seconded by Councilman Faria and on a roll call vote it is unanimous.

C. Report of School Committee Liaison

The High School construction was discussed earlier on the docket.

D. Resolutions

(Amendment to Resolution No. 30, Adopted November 1, 2016)

1. RESOLUTION ESTABLISHING THE CITY OF EAST PROVIDENCE VETERANS ADVISORY COMMITTEE

A motion to dispense with the reading of the resolution

WHEREAS, the City Council of the City of East Providence is desirous of forming an advisory committee to assist and inform veterans of armed services of the United States; and

WHEREAS, the City of East Providence has many organizations, groups and families of veterans who are active in veterans affairs; and

WHEREAS, advisory matters would include promoting veterans rights, arranging for appropriate ceremonies honoring veterans on holidays or otherwise, helping unify veterans groups, keeping the City Council informed of problems and/or issues affecting veterans, and support the needs of veterans; and

WHEREAS, the City of East Providence is interested in assisting these individuals and groups by forming this advisory committee.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of East Providence hereby establishes the Veterans Advisory Committee (VAC) to ~~be chaired by members from veteran groups in the City to be appointed by each City Council member~~ consist of five (5) U.S. Military Veterans and no more than three (3) civilians experienced in Veterans Affairs to advise and assist in Veteran activities throughout the City of East Providence and to advise and assist the City Council in promoting events and assisting Veterans. U.S. Military shall be defined as the U.S. Army, U.S. Marine Corps, U.S. Navy, U.S. Air Force, and U.S. Coast Guard. Veteran shall be defined as one who has completed their initial term of service in one of the aforementioned services and received an Honorable Discharge. The existing VAC shall vet potential new members who meet the aforementioned criteria and make a recommendation to the Mayor for appointment. The Committee will establish such rules, regulations and procedures as it may deem necessary to fulfill its mission and to report to the City Council the status of its activities at such times as the City Council and Committee may deem necessary and expedient.

Requested by: Mayor Briden

Mayor Briden continued this item.

2. RESOLUTION IN SUPPORT OF INSTALLING SOLAR OPERATED “FLASHING PEDESTRIAN CROSSING SIGNS” AND IN STREET “YIELD TO PEDESTRIAN SIGNS” AT SCHOOL CROSSING ZONES AND HIGH TRAFFIC CROSSWALKS

A motion to dispense with the reading of the resolution is made by Councilwoman Sousa, seconded by Councilman Faria and on a roll call vote it is unanimous.

WHEREAS, many busy school crossing zones and high traffic crosswalks in East Providence have very low lighting lamps and light posts during dusk through night hours; and

WHEREAS, solar “Flashing Pedestrian Crossing Signs” and in street “Yield to Pedestrian Signs” are used in areas where it is difficult to see pedestrians walking in crosswalks and busy intersections; and

WHEREAS, installing solar “Flashing Pedestrian Crossing Signs” and in street “Yield to Pedestrian Signs” would make these areas safer and allow pedestrians to feel safe when walking in crosswalks and busy intersections; and

WHEREAS, there are school crossing zones and high traffic areas on state roads and state assistance is needed installing “Flashing Pedestrian Crossing Signs” and in street “Yield to Pedestrian Signs”; and

WHEREAS, there are school crossing zones and high traffic areas on state roads and the installation of LED lights in these areas would increase needed lighting and better serve public safety and minimize the risk of accidents involving vehicles and pedestrians; and

WHEREAS, installing solar “Flashing Pedestrian Crossing Signs” and in street “Yield to Pedestrian Signs” and LED lighting would further minimize the risk of an accident involving a vehicle and a pedestrian and will promote public safety.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of East Providence hereby supports the installation of solar operated “Flashing Pedestrian Crossing Signs” and in street “Yield to Pedestrian Signs” at school crossing zones and high traffic crosswalks and hereby request state assistance with the installation of said LED lighting and solar “Flashing Pedestrian Crossing Signs” and in street “Yield to Pedestrian Signs” on state roads in East Providence.

Requested by: Councilwoman Sousa

Director Coutu states that he costs of these types of signs have a wide range and he is still researching.

Councilwoman Sousa states this is for public safety for high traffic areas. Many pedestrians are struck due to poorly lit streets and this signage is an attempt to assist the community. For example, on Taunton Avenue not there are 9 street lights out and the crosswalks is not really visible and the sign in the middle of the road is moved often and is not consistent.

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

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”

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.

SECTION I. Division 9 entitled “Housing Advisory Commission” 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 deleting it in its entirety:

~~DIVISION 9.~~ ~~HOUSING ADVISORY COMMISSION~~

~~Sec. 2-184.~~ ~~Purpose.~~

A housing advisory commission, (the commission) is hereby created as an advisory commission to the city council and city manager for the purposes of overseeing the implementation of the city's housing action plan (the plan), providing information and advice on all aspects of the housing market that affect the quality of life and housing choices of city residents, and of making recommendations for city participation in the housing field including such areas as:

~~(1) Housing market and conditions;~~

~~(2) Housing supply and need;~~

~~(3) Housing affordability;~~

~~(4) Housing policies;~~

~~(5) Housing programs;~~

~~(6) Housing education.~~

~~Sec. 2-185.~~ ~~Membership.~~

The commission shall consist of seven people, the majority of whom shall be residents of the city, but may include individuals who work in the city, and include representatives from the following housing interest groups: Bankers/realtors; social service providers; clergy; labor; employers; builders/developers; and tenants. One member shall be the executive/director of the city housing authority or his designee. The other six members shall be appointments by each of the five city councilmembers and the city manager. The city council and the planning board shall, from their own membership, appoint a liaison to the commission who shall serve in an ex officio capacity.

~~Sec. 2-186.~~ ~~Compensation; terms and vacancies.~~

Members of the commission shall serve without compensation. The commission members shall serve terms of three years each provided that the members first appointed shall serve staggered terms. Vacancies caused by resignation, death or for any other reason shall be filled in the same manner set forth for the selection of the initial appointments, and for the unexpired term of the resignee.

~~Sec. 2-187.~~ ~~Organization; officers; rules; meetings.~~

(a) The commission shall meet at regular intervals throughout the year, but shall meet at least three times per year, and often enough to prepare timely recommendations on housing issues before the city council and other city boards.

(b) All meetings of the commission shall be open to the public, and any person or his duly constituted representative, shall be entitled to appear and be heard on any matter before the commission before it reaches final decision on such matter.

~~(c) The commission shall meet in January of each year to organize and elect a chair, vice-chair, and secretary by a majority vote for a one-year term.~~

~~(d) The secretary of the commission shall keep minutes of its meetings which shall be public records.~~

~~(e) The city manager may designate one or more employees of the city to assist the commission.~~

~~(f) City officials and boards or commissions, shall upon request furnish to the commission within a reasonable time, such available information as it may require for its works.~~

~~(g) A quorum of the commission shall consist of four voting members.~~

~~Sec. 2-188.~~ ~~Duties.~~

(a) Housing action plan. The commission shall oversee implementation of the housing action plan (the plan) as approved by the planning board and adopted by the city council. The commission shall study and make recommendations to the city council on specific actions the city should take, in order to carry out the plan in a consistent and properly coordinated manner. The commission will work with the housing coordinator, planning board, zoning board of review and other city agencies to assure consistency with the plan, but will make independent recommendations to the city council on actions that have bearing on the goals set out in the plan. Working with the planning board, department of planning, and city housing authority, the commission shall conduct a yearly review and make recommendations to keep the plan current. This review will include a report to the planning board and city council on the city's progress working towards the stated goals and objectives of the plan and recommendations for any needed amendments to the housing action plan.

(b) Education. The commission, working with the department of planning and city planning board, shall perform tasks that serve to educate the public about the citywide housing agenda including the goals and objectives of the plan. This may include sponsoring workshops with real estate professionals, presentations to civic groups, and other educational activities which are relevant to the goals of the plan. The commission shall be involved in generating public support and understanding of programs or projects the city undertakes to implement the plan.

(c) Outreach. The commission shall work with the department of planning, planning board, and city council to establish a strong working relationship with state housing mortgage finance corporation and other agencies in the housing field such as United States Department of Housing and Urban Development and the state office of intergovernmental relations. The commission shall work with neighboring communities to promote regional solutions to housing problems that extend beyond the geographic boundaries of the city, including fair share and fair housing policies, and to promote areas where cooperative efforts will benefit city residents.

(d) Coordination with other city boards and agencies. The commission shall have the opportunity to review and make recommendations, based on the goals of the plan on the following and on any issues which are pertinent to the goals of the plan:

~~(1) Disposition of city-owned land.~~

~~(2) Preliminary subdivision, planned unit developments, cluster applications, and other zoning issues.~~

~~(3) Requests for zoning changes.~~

~~(e) Other responsibilities. The commission shall perform other duties and tasks as requested by the city council or city manager.~~

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: Councilman Faria

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

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

A motion to dispense with the reading of the ordinance is made by Councilman Faria, seconded by Councilwoman Sousa and on roll call vote it is unanimous.

SECTION I. Division 11 entitled “Senior Citizens’ Advisory Board” 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:

DIVISION 11. SENIOR AND DISABLED CITIZENS' ADVISORY ~~BOARD~~ COMMITTEE

Sec. 2-196. Creation.

There is hereby created the senior and disabled citizens' advisory ~~board~~ committee. The ~~board~~ committee shall consist of 34 17 members including the chair. ~~There shall be no upper or lower limit on the ages of persons who can serve on the board~~. The membership of the board shall be limited to residents at or over the age of sixty-five (65) years old at the time of their appointment or to residents with a disability. A quorum shall consist of a majority of appointed voting members.

Sec. 2-197. Appointment and terms.

Members shall serve for three-year terms, provided that the first members shall be appointed as follows: 15 for three-year terms, 11 for two-year terms, and eight for one-year terms. The four members of the city council who are elected by ward shall each appoint three qualified electors of the city from their ward to the senior citizens' advisory board, one who shall be a senior citizen and one who shall be a nonsenior citizen and at least one who does not reside in any of the facilities listed below; the remaining at-large member of the city council shall appoint three qualified electors of the city to the senior citizens' advisory board, one who shall be a senior citizen and one who shall be a nonsenior citizen and at least one who does not reside in any of the facilities listed below. Such appointments shall be for an initial term of three years. The residents of each of the following facilities shall by majority vote appoint a qualified elector of the city from each of the following elderly housing facilities: City View Manor, Goldsmith Manor, Harbor View, United Methodist Retirement Center, Taunton Plaza, Rumford Towers I, Rumford Towers II, Redfern Grove Apartments, Riverside House, Parkway Towers, Cresent View Manor, such appointment shall be for an initial term of two years; five from the council of the elderly of the city; one from Self-Help, Inc.; one from East Bay Geriatric Center and one from the American Association of Retired Persons. Such appointments shall be for an initial term of one year.

(a) Each member of the city council shall appoint, with council approval, from among their electors, two (2) members to serve for a term of two years, commencing the first day of March of each odd numbered year and ending the last day of February two years hence; of these two appointments each, one shall be a senior citizen and the other shall be a disabled citizen. Notwithstanding the normal terms of office, council appointments made in 2018 shall expire on February 28th, 2021.

(b) Effective the first day of March, 2020, the mayor shall appoint five (5) members, of which one must be from each ward of the city, for a term of two years commencing the first day of March of each even numbered year and ending the last day of February two years hence; of the five appointments three shall be senior citizens and two shall be disabled citizens.

(c) The two resident members of the housing authority commission shall serve as ex-officio voting members of the committee for the duration of their term on the housing authority. The housing authority members shall be allowed to serve even if they do not meet the definition of senior or disabled citizen.

(d) The chief executive officer of the city or a designee of the chief executive officer and the director of the senior center shall serve as ex-officio non-voting members and a member of the council shall be designated by the council to serve as an ad-hoc non-voting member.

(e) Notwithstanding the normal terms and appointments, each member of the city council, with council approval, shall appoint a third member in March of 2018 who shall serve until the last day of February 2020.

Sec. 2-198. Duties.

(a) The senior and disabled citizens' advisory ~~board~~ committee shall annually elect from among its members a chair, vice-chair and secretary for one year. The board shall study and recommend voluntary programs for senior citizens to protect themselves from going unnoticed in the event of a serious health problem, shall recommend programs for nutritional needs, shall recommend programs for social needs, and shall recommend such other programs as may in the judgement of the board be necessary or helpful to senior citizens.

(1) The chair shall preside over meetings of the committee, the vice-chair shall preside in the absence of the chair and in the case of the absence of both the chair and the vice-chair, the body shall elect an acting chair.

(2) The secretary shall maintain all records of the proceedings of the committee and make them accessible to officials and the public.

(3) The committee may set by-laws and rules of procedure for its own operation in compliance with this ordinance.

(b) The committee shall study and recommend voluntary programs for senior and disabled citizens to protect themselves from going unnoticed in the event of a serious health problem, shall recommend programs for nutritional needs, shall recommend programs for social needs, shall recommend ways that city government may be more responsive to senior and disabled needs and shall recommend such other programs as may in the judgement of the committee be necessary or helpful to senior and disabled citizens.

~~(b)~~ (c) The senior and disabled citizens' advisory ~~board~~ committee shall also study and make recommendations to the mayor and city council regarding the ~~need for and the feasibility of a citywide~~ programs and offerings of the senior center ~~to provide a centralized location for senior services~~.

~~(c)~~ (d) The senior and disabled citizens' advisory ~~board~~ committee shall monitor federal and state programs for senior citizens and individuals with disabilities including any providing funds for senior and disabled citizen projects and the funding formulas established therefor; and shall keep the mayor and city council apprised of such programs as necessary. The senior and disabled citizens' advisory ~~board~~ committee may not interfere in any way with the administration of such programs or any other senior or disabled citizen programs administered by any other local, state of federal agency.

(e) The committee shall study, recommend and communicate ways that seniors and individuals with disabilities can stay active in the community.

(f) The committee shall study and survey the responsiveness and service level of the senior and disabled help line and other city aides to seniors and the disabled. Such results shall be reported to the mayor and city council.

(g) The committee shall work with senior center staff, information technology staff, city clerk’s office and other city staff and outside programs as required to reach out and communicate to the senior and disabled communities regarding resources available to seniors and the disabled. Communication methods include, but are not limited to; information via social media, the city webpage, community bulletin boards, print and other media. City staff shall render all reasonable assistance for this purpose.

Sec. 2-199. Senior citizens and disabled citizens.

~~The board shall make its own definition of a senior citizen, and may make different definitions for different recommended programs.~~

(a) The committee shall recognize anyone sixty-five years of age or older as a senior citizen. However the committee may set other target age ranges for recommended programs as it deems prudent.

(b) The committee shall recognize anyone as having a disability who shall meet the definition of disabled under the Americans with Disabilities Act.

Sec. 2-200. Action.

Programs recommended by the senior and disabled citizens' advisory board may be put into action by the board, upon approval by the ~~city council~~ mayor, by use of volunteers and donations. Programs requiring staff and expenditures of funds shall be put into effect if they are authorized by the mayor and city council.

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: Councilman Faria

It is noted that Councilwoman Sousa’s name was inadvertently left off of the ordinance and should have been added along with Councilman Faria.

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

3. AN ORDINANCE IN AMENDMENT OF CHAPTER 13 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “PUBLIC PLACES”

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

SECTION I. Article I entitled “In General” of Chapter 13 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Public Places” is amended by adding thereto the following:

Sec. 13-4. Smoking at public places.

(a) Since smoking is a public nuisance and dangerous to public health, it shall be unlawful for any person to smoke in any form or otherwise use tobacco products, including electronic cigarettes, in any public buildings, public parks or any other indoor or outdoor recreational areas or facilities owned by the City or leased by the City as lessee, and in all motor vehicles of any type or kind owned, rented, leased or used by the City or any of its departments, boards, or commissions.

(b) This excludes public sidewalks, streets and leased properties in which the City is the lessor. In all properties leased from the City, lessee must provide for a separate area for smokers apart from other patrons, if smoking is allowed. If a smoking area is provided, the lessee is responsible to clean up the area of all litter, cigarette butts, etc. at the end of the event.

A violation of the provisions of this section shall be considered a public nuisance. Any person violating the provisions of this section shall be subject to immediate ejection from the area, punished by a fine not exceeding $50.00, and required to perform up to twenty (20) hours of community service. Each violation of the provisions of this section shall constitute a separate offense.

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

Councilwoman Sousa states that regarding the leasing of city property can it be designated outside of the general area.

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

XVI. ADJOURNMENT

A motion to Adjourn at 1:05AM is made by Councilwoman Sousa, seconded by Councilman Faria and on a roll call vote it is unanimous.

Approved By Council: April 17, 2018

Attest: _______________

City Clerk