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CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
January 16, 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
***Note: Mayor Briden is absent.
I. EXECUTIVE SESSION
The City Council of the City of East Providence may meet in Executive Session pursuant to RI General Laws § 42-46-5 (a)(2).
A. Sewer Charge Abatements
1. 1240 Pawtucket Ave. LLC
2. Curtis Betts
3. Adam Coelho
4. Noah Escaler
5. Steven Giarrusso
6. Thomas Stringfellow
7. Guilhermina Silva
8. Charlene Vargas
II. OPEN SESSION
III. CALL TO ORDER
Assistant Mayor Britto calls the meeting to order at 7:37PM.
IV. SALUTE TO THE FLAG
V. TO APPROVE THE CONSENT CALENDAR
A. Letters
1. CRMC January 2018 Calendar
B. Cancellation/Abatements
| Year | |
| 2017 | $11,479.98 |
| Total | $11,479.98 |
C. Alcoholic Beverage Class F-1
1. St. Brendan’s Church, 10 Turner Avenue (02915) Social Event, Mardi Gras, February 10, 2018, Rebecca N Warr, 31 Elinora Street (02915).
2. St. Francis Xavier Church, 160 Orchard Street (02914), Annual Parish Anniversary Dinner, January 20, 2018, Maryann Marques, 81 N. Carpenter Street (02914).
D. Council Journals
1. Council Journal Regular Meeting January 3, 2018
2. Council Journal Executive Session January 3, 3018
A motion to approve the Consent Calendar is made by Councilman Faria, seconded by Councilwoman Sousa and on a roll call vote it is unanimous 4-0 with Mayor Briden Absent.
VI. COMMUNICATIONS
A. Fredericka D. Athanas, 20 Wheldon Avenue (02914) requesting to address the Council regarding a Mayor’s Commission on Disabilities.
Ms. Athanas speaks regarding issues of snow on sidewalks and creating a Mayor’s Commission on Disabilities and adds that she would like to work with Councilwoman Sousa and Councilman Faria on this as well as Director Coutu. She adds that she lives at Taunton Housing and there are a lot of wheelchairs and walkers and she is blind. The snow storm left the neighborhood paralyzed. Houses and businesses don't clear the sidewalks. She was a homeowner for 15 years in Pawtucket and had an electric broom. She would like to work with city representatives and the highway department to map out the city initially looking at her neighborhood. Councilman Faria talked about the disability line going directly to the receptionist and she would like to work with that line. Adding it needs more publicity.
Councilman Faria noted he has been talking about creating a board for this and that he and Councilwoman Sousa have met with the City Manager and the DPW Director and discussed the storm. It was a difficult storm and the city has hundreds of miles of sidewalk. They are all on the same page of what needs to be done to move forward and people need to be held responsible for clearing the sidewalks because it is a safety issue for pedestrians and vehicles.
The City Manager notes that 137 warnings were handed out last storm and he is happy to take that information from Mr. Athanas and will work with her.
B. Albert Quattrucci, 390 Pleasant Avenue (02916), requesting to address the Council regarding Inspection Vehicles, Building Official’s car not suited for the job.
Mr. Quattrucci states they have always received cars handed down from the police department since 1989. They have driven some real junk cars and nothing seems to be done about it. He is not here to put blame on anyone. There are 6 inspectors and 3 cars a 2006, 2007 and 2005. Recently during the bad storm he was called out and the windshield wipers stopped working due to the weight of the snow. He had to drive home with his head out of the window. Yesterday he went to shift the car and the shift lever fell off. The Victs are terrible in the snow and they have no chains on the tires or bricks in the trunk. He feels they need updated cars. He is not looking for Cadillacs but safe vehicles. He is called out in all kinds of weather sometimes at 3:00AM. Recently he had one day off in 3 weeks. If he has to assist the fire department then the building official should have a car that is safe.
Councilman Faria asks if he has addressed this through the chain of command.
Mr. Quattrucci states he has addressed it with numerous city managers numerous times but has received no satisfaction.
The City Manager notes that Mr. Quattrucci came to him in October of 2016 because his vehicle couldn’t handle inspections at Kettle Point and they provided him with a 4 x 4 and has not heard from his since so he is unaware of this issue. He adds that the fleet manager is also unaware of the problems. There is another vehicle a 2006 Ford Taurus which is in excellent condition with low mileage on it. He spoke with Director Coutu and the Police Chief. Two vehicles will be replaced one with a 2013 Taurus. Both vehicles are in excellent condition and have all wheel drive. They are EPPD vehicles and need to be decommissioned and lights removed and this should be done in 2-3 weeks.
Mr. Quattrucci notes that he goes out 7 days a weeks all hours of the day and night and often before they even clean the streets. He is sick and tired of getting stuck in bad weather. He fell down more than once. The vehicles are not suited for the job. He adds they bring in $1 million in revenue and he doesn’t need a new car just 2-3 years old and that can handle the job. He restores cars so he knows that cars this age which they were receiving break down. The day of the storm he informed the Director of DPW and he said he didn’t have one either.
The City Manager states they will use chain of command via the Director of DPW to rectify the situation as he just found out about this.
Councilwoman Sousa called Director Coutu to the podium and states that there have been significant purchases in the past few years and asks if this was the first he was hearing about this.
Director Coutu states they were able to get the GMC Envoy. He adds that Mr. Quattrucci did call him the day of the storm with an issue with the wiper blades. The car has not been brought down to the fleet manager to be repaired yet. They will check the condition when he does.
VII. PUBLIC COMMENT
A. Fredricka Athanas, 20 Wheldon Avenue (02914)
B. Lynn DiCecco, 145 Centre Street (02916) – New High School
C. Tom Moses – Abandonment Narragansett park Drive Jughandle – this was discussed under public hearing
D. Cheryl Stoukides and Carol Smith - Abandonment Narragansett park Drive Jughandle – this was discussed under public hearing
E. Scott Scienzo – Charter – this was deferred
F. Jason Desrosiers – Charter – this was deferred
G. Pamela Goulet, 9 Westward Avenue (02916) – New High School
VIII. COUNCIL MEMBERS
A. Wastewater Treatment Issues and Discussion (by Councilman Botelho)
Councilman Botelho states he would like to commend Suez for the last year or so taking himself and other council members on tours and meeting with them to discuss the odor which for the most part has been an improvement. Over the last month or so an odor issue has been present and he is just trying to stay on top of the issue. All the problems have been the result of sewage from Barrington which travels slowly on the feed pipe and this time of year it travels slowly and organisms cause it to stink. Barrington is treating this sewerage but it seems as though there is not enough sewage use fee charge to Barrington based on the metered flow.
Director Coutu came to the podium. He states they are portioned by Barrington flow and over all plant flow which is roughly 25%.
Councilman Botelho asks if Barrington is having an issue as it has for decades and what prevents the city from setting up a treatment point somewhere along that pipe and then charging them for it in their fee.
Director Coutu states that is an option and Suez has taken a look at that. They had a meeting with Barrington officials this morning and they will be adding chemical closer to where it enters the city and are hoping that will have a positive effect. Over the last year he adds they have tried to find a way to equalize the sewer fee and had provided the Council with a sewer study last spring. They hope to have a plan to build a consensus on that and if not they may need to form a working committee. They want to let people know they have not forgotten about it but it’s been difficult to wrap their heads around it.
Councilman Faria adds that it is a Ward 3 and a Ward 4 issue. The odor blows into Riverside and at the first meeting they took a proactive step and were able to have a meeting at the State House and brought Barrington to the table. A lot of things are a work in progress. He adds that he has been there with the City Manager and the City Clerk, Director Coutu and the Suez crew while taking readings of sulfides and corrosion, they have had Barrington add the Bison product. Barrington has been working on it and it has gotten much better but they want to get ahead of the issue.
The City Manager states that Barrington expects within the next 2 weeks to replace valves and add product near the treatment plant. Adding 1-2 gallons per day and also adding on Crest Avenue looking and increasing the sampling. Barrington has been working on this trying to get it right but it’s not completely done and they will be meeting again in 90 days, unless anything arises, to check on the progress. They will try this first. This has worked in Warwick and they have had good results.
B. Human Resources Clarification and Update (by Councilman Faria)
Councilman Faria states that this department needs to be restructured or outsourced or they need to take a good look at it. They are budgeting for 5 full time employees and an administrative assistant. He wants it to be very clear and asks if the City Manager has an update.
The City Manager states that it is status quo for right now.
Councilman Faria states according to 11-6-B they should be receiving annual reports.
The City Manager states he has not known this to happen in the past but he would be happy to provide them.
Councilman Faria notes for the record that of the 5 employees 3 are still active and when looking at comparisons to other cities and towns 5 employees is a high number. Additionally, considering everything he feels they should take a proactive approach as this is an opportune time to do so.
C. Going Green (by Councilman Faria)
Councilman Faria states that the objective was that if more people went on line they could get going green and the whole idea was to make it a wash by saving on mailings. The more residents who go on line the less man power and postage it takes and they could take these savings and the city would be able to absorb the fees.
D. Snow Storm (by Councilman Faria)
Councilman Faria thanks Director Coutu and DPW for a great job done during last Thursday’s major storm and if he called the Director once he called him 26 times and he responded all the times and to all constituents and he had a crew out there day and night.
E. LED Lighting (by Councilman Faria)
This item was deferred.
IX. APPOINTMENTS
A. Conservation Commission Reappointment (by Mayor Briden)
John T. Burridge, 190 Waterman Avenue (02914)
A motion to approve the appointment is made by Councilman Botelho, seconded by Councilman Faria and on a roll call vote it is unanimous 4-0 with Mayor Briden Absent.
B. Carousel Park Commission Re-Appointment (by Assistant Mayor Britto)
Stephen Costa, 20 Arcadia Avenue (02916)
A motion to approve the appointment is made by Councilwoman Sousa, seconded by Councilman Faria and on a roll call vote it is unanimous 4-0 with Mayor Briden Absent.
C. Traffic Control (by Councilman Faria)
Robin Botelho, 90 Sprague Street (02915)
A motion to approve the appointment is made by Councilman Faria, seconded by Councilwoman Sousa and on a roll call vote it is unanimous 4-0 with Mayor Briden Absent.
X. PUBLIC HEARING
A. ABANDONMENT OF NARRAGANSETT PARK DRIVE NEWPORT AVENUE JUGHANDLE ROADWAY RIGHT-OF-WAY
Highway Abandonment: connection of Narragansett Park Drive and Newport Avenue, Plat Card 369 Plat Plan, Narragansett Industrial Park, Map 501, Block 03, Parcel 001
Petition for Highway Abandonment: on right-of-way defined as the jughandle ramp connection from Narragansett Park Drive onto the northbound lane of Newport Avenue
Petitioners: Amalgamated Financial Group IV
Attorney: Thomas V. Moses
Advertised East Providence Post – 12/28/17, 1/4/18, 1/11/18
Notices served on Abutters – 12/29/17
RESOLUTION ABANDONMENT OF NARRAGANSETT PARK DRIVE NEWPORT AVENUE JUGHANDLE ROADWAY RIGHT-OF-WAY
WHEREAS, the City Council of the City of East Providence deemed it necessary to abandon that portion of right-of-way land as shown on a recorded plat of land as shown on recorded Plat Card 369 entitled “Plat Plan, Narragansett Industrial Park” and further referenced on a Boundary Survey completed by BL Companies.
WHEREAS, said petition having been duly advertised and all interested parties duly notified in accordance with law, and after public hearing held on January 16, 2018.
It is hereby ORDERED, ADJUDGED and DECREED that that certain tract or parcel of land , with all buildings and improvements thereon, situated on the northerly side of Narragansett Park Drive and the easterly side of Newport Avenue – Route 1 in the City of East Providence , County of Providence, State of Rhode Island and being bounded and described as follows:
That certain tract or parcel of land, with all buildings and improvements thereon, situated on the northerly side of Narragansett Park Drive and the easterly side of Newport Avenue – Route 1 in the City of East Providence, County of Providence, State of Rhode Island and being bounded and described as follows:
Beginning at a granite monument found with a drill hole and marked “PH” on the easterly side of Newport Avenue – Route 1, said point being on the City Line of Pawtucket and East Providence;
Thence running along said City Line North 81°59’ East a distance of 6.1 feet, more or less, to a point on the westerly line of land now or formerly Amalgamated Financial Group IV;
Thence running along said land of Amalgamated Financial Group IV the following four (4) courses and distances: along a curve to the left having a radius of 171.00 feet, an arc length of 81.4 feet, more or less, a delta angle of 27°17’ to a point; along a curve to the right having a radius of 189.00 feet, an arc length of 135.71 feet, a delta angle of 41°08’28” and a chord bearing of South 21°32’54” East a chord distance of 132.81 feet to a point; South 00°58’40” East a distance of 192.53 feet to a point; along a curve to the left having a radius of 51.00 feet, an arc length of 80.28 feet, a delta angle of 90°11’30” and a chord bearing of South 46°04’25” East a chord distance of 72.25 feet to a point;
Thence running through land now or formerly City of East Providence along a proposed property line South 88°49’50” West a distance of 141.17 feet to a point on the easterly side of Newport Avenue – Route 1;
Thence running along said easterly side of Newport Avenue – Route 1, North 00°58’40” West a distance of 439.13 feet to the point and place of beginning.
Containing 33,379 square feet, more or less, or 0.77 acres, more or less.
It is further ORDERED, ADJUDGED and DECREED that after due appraisal, it is determined that there is no damage sustained by the abutting property owners by reason of said abandonment and therefore no award of damages shall be made; and
It is further ORDERED, ADJUDGED and DECREED that the Director of Public Works be directed to cause signs to be placed at each end of said abandoned highway as hereinabove described having thereon the words “Not a Public Highway”; and
It is further ORDERED, ADJUDGED and DECREED that after entry of this decree, the City Clerk shall cause notice thereof to be posted in a newspaper published in Providence County and that further and personal notice be served by the City Sergeant upon every owner of land abutting upon said portion of the abandoned right-of-way as hereinabove described who is known to reside within this state.
Requested by: Councilman Britto
Attorney Moses passes out language to be added to the ordinance and Councilwoman Sousa also makes an amendment.
Kelly Coates, Senior Vice President of the Carpionato Group comes to the podium. He states they met with both Pawtucket and East Providence and he walks the Council through the plan. There is a power point presentation.
Councilwoman Sousa asks Director Coutu about the resolution stating placement of “not a public highway” sign at that jughandle and when this would be erected.
Director Coutu states once the resolution gets approved it will go up. This is due to the fact that once they start building the development there is not even going to be a road there. The jughandle will be there until the plan takes place.
Attorney Moses states that as soon as the abandonments are compete they will then put a barrier there and ask the city to put up the appropriate signage. If necessary they will change the radius on the corner so the trucks can get there and they have no problem adding that language to the resolution and upon abandonment they will effectuate those changes.
Assistant Mayor Britto notes the rendering reminds him of a shopping center in California which he visited with a mixed use which is very similar to this. He adds for anyone who has traveled Newport Avenue area recently it is dull and there are a lot of vacant properties and a lot of empty lots and it doesn't do much for the community. Hopefully, this will be the gateway for Newport Avenue and it will start to bring life to that area. The businesses located there will help pick up the slack for the residents in taxes and hopefully with the possibility of a new high school and all this development going on it will be great for the city.
Councilman Botelho asks Mr. Coates if this is similar to what he has at Chapel View.
Mr. Coates responds they have learned that larger is not necessarily better. This development has more density than Chapel View. The layout is very different. The key is that people want to go to a place not a shopping center so the key is attracting them to come and stay with apartments, offices, retail and restaurants all in the same development and to utilize finer materials. People appreciate that.
Councilman Botelho asks if the tenant base will be similar to Chapel View.
Mr. Coates states probably not because the immediate area does not have the same economy and does not have quick access to Route 95 but that being said, they can put together something that is vibrant and successful. The front door to this project has always been goofy and there are 5 or 6 intersections and it never had a proper entrance on Newport Avenue. For long term success they need to have this. They need a proper left hand turn. People want to come into the front door and not make an immediate decision.
Councilman Botelho asks for clarification regarding the percentage of what they see occupying the space.
Mr. Coates states the preference would be more heavily weighted towards office. In their experience with Chapel View, if you build it they will come, and because they had the retail the others wanted to occupy. Retail and restaurant at the front portion of the plaza. They would like to break ground this summer.
Councilman Botelho states that he knows they purchased the Benny’s stores and he has one in his ward and he asks Mr. Coates if he can divulge what might be going there.
Mr. Coates states he cannot but he can say at the forum which was where development and tenants all came their group saw, Trader Joes, a number of dollar stores, Tractor Supply and Arbor Freight. They are excited they have 29 stores and there is a lot of interest.
Assistant Mayor Britto states the development boarders both East Providence and Pawtucket and he is wondering if they will be seeking a similar situation in Pawtucket.
Mr. Coates states that 93 square feet of the jughandle is in Pawtucket and they have filed to get that abandoned as well. They will be demo-ing all the buildings there including Papa Gino's and the only building staying will be the Stop and Shop building.
Assistant Mayor Britto asks about the underground utilities which intersect.
Mr. Coates states they will take care of that trough the master plan process. The engineer will work on that.
Assistant Mayor Britto asks if these will be new utilities.
Mr. Coates states yes.
Public Hearing:
1. Dan Landry, 19 Larchwood Drive (02916) in support.
2. Carol Smith and Cheryl Stoukedes Co-Owners of Simpson Pharmacy in support but concerned regarding the ability for customers to make the turn into the pharmacy, many of their customers are elderly and disabled. They express concern regarding the traffic signal. They want to make sure they are working on the traffic pattern to include them as the elderly and disabled will have to go over two lanes.
Mr. Coates responds and explains the process will go through RIDOT as well. All the access on the opposite side of the street will be reviewed and it will also go through a site plan reviewing process with both Pawtucket and East Providence. He adds that he appreciates their concern and that the process will ensure that everyone has access. Their engineers have heard their concerns and comments very clearly. He adds that all the neighbors will have their values increased and they will address all these concerns. They have over 30 years of history of development and they will address these traffic concerns.
Assistant Mayor Britto asks if they can be kept abreast.
Mr. Coates states the entrance which horseshoes out was created in 1957 and they are forced by Zoning to make an in and out directly at the light and their building connects to the building behind them and cannot cut through the parking lot however they will be back with the rezone ordinance and will be back addressing this.
A motion to approve including the new language which was handed out and Councilwoman Sousa’s amendment added for the radius change for vehicles is made by Councilman Botelho, seconded by Councilman Faria and on a roll call vote it is unanimous 4-0 with Mayor Briden Absent.
XI. PUBLIC HEARING – ORDINANCES FINAL PASSAGE
A. AN ORDINANCE IN AMENDMENT OF CHAPTER 11 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED ENTITLED "PERSONNEL”
A motion to dispense with the reading of the ordinance is made by Councilwoman Sousa, seconded by Councilman Faria and on a roll call vote it is unanimous with Mayor Briden Absent.
SECTION I. Sec. 11-46 entitled "Discipline and discharge of employees, officers or member of boards or commissions appointed by city council" of Article III entitled “Personnel Plan” of Chapter 11 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled "Personnel" is amended to read as follows:
Sec. 11-46. Discipline and discharge of employees, and officers or members of boards or commissions appointed by city council.
(a) A council appointee may be disciplined up to and including discharge from employment for any of the following reasons:
(1) Failure to meet prescribed standards of work, morality and ethics to an extent that makes an employee unsuitable for any kind of employment in the city service.
(2) Theft or destruction of city property.
(3) Incompetency, inefficiency or negligence in the performance of duties.
(4) Insubordination, malfeasance or misfeasance.
(5) Conviction of a criminal offense.
(6) Disgraceful personal conduct.
(7) Unauthorized absences or abuse of leave privileges.
(8) Acceptance of any valuable consideration which was given with the expectation of influencing the employee in the performance of his duties.
(9) Falsification of records or use of official position for personal advantage.
(b) The type, nature and extent of such discipline shall be within the sole discretion of the city council, including but not limited to oral and written reprimands, suspensions with or without pay and discharge.
(c) The council, by a vote of four of its members, may impose such discipline up to and including discharge from employment upon any employee, or officer or member of a board or commission appointed by it, excepting the city manager, for any of the above reasons, provided that he or she shall first have been served with a written notice of the intention of the council to impose such discipline. This notice shall contain the reasons for the discipline and will fix a time and place not less than ten days after the service of such notice, at which time he or she shall be given an opportunity to be heard in his or her defense. The hearing shall be public at the option of the person who is the subject of the hearing, and he or she may be represented by counsel. From the time of the notice, the employee may be retained in duty status, placed on leave or suspended with or without pay and benefits, at the discretion of the majority of the council. If the employee fails to respond to the advance notice, the proposed action of the council shall be effective on the date specified with no need for further action. Otherwise, the council shall carefully consider the reply of the employee before making a final decision. The council shall promptly transmit to the employee a written notice of its decision. The decision of the council shall be final.
(d) It is the policy of the city not to rehire former employees who have been dismissed or who resigned while charges were pending under this section.
(e) The discharge of the city manager shall be in accordance with section 2-11 of the city Charter.
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 Final Passage is made by Councilwoman Sousa, seconded by Councilman Faria and on a roll call vote the motion is approved 4-0 with Mayor Briden Absent.
B. 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 with Mayor Briden Absent.
SECTION I. 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.
(a) The general phrase “boards and commissions”, “boards or commissions” or the words “boards” and “commissions” separately 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.
(b) Decision making authority shall be defined as all board and commissions whose members are required by R.I.G.L. § 36-14-16 to file annual ethics disclosures.
SECTION II. Sec. 2-36 entitled “Meetings of boards, commissions, etc., to be made public” 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:
Sec. 2-36. Meetings of boards, commissions, etc., to be made public.
(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 Sec. 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, and commission, authority, agency or committee shall announce their decision publicly by individually casting their votes. at an open public hearing.
(c) All 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 or secretary of the body or in the absence of a clerk or secretary, by the presiding officer, upon passage.
(d) All 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 Rhode Island Secretary of State’s website no less than fourteen (14) days after passage. If minutes have not been passed within 35 days, draft minutes must be filed until the minutes are approved.
SECTION III. 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. Appointment of Members to Boards and Commissions
(a) Members of boards and commissions shall be appointed based on merit. All vacancies or upcoming appointments or reappointments to city boards and commissions shall be posted for a minimum of ten (10) business days within city hall and on the city website prior to an appointment being made. The posting shall include the name of the board, the appointing authority for the open seat, the powers and duties of the board, the length of term, the requirements for service and the desired qualities of a prospective appointee. Only city residents may be eligible to serve on boards and commissions unless otherwise provided for in the charter, enabling statute or ordinance.
(b) The public shall have the right to view any applications for appointments to boards and commissions. The city shall redact any candidate's personal demographic or financial information other than their name.
(c) No appointing or recommending authority shall appoint, recommend or vote on a household member or family member for membership to a board or commission. Household member and family member shall be defined as in Regulation 36-14-5004 of the Rhode Island Code of Ethics.
(d) No person shall serve on more than one (1) board or commission with decision making authority. Anyone presently serving on more than one (1) board or commission with decision making authority may continue to serve their term but are not eligible for re-appointment if such re-appointment shall cause them to be in violation of this section. The limit of service on more than one (1) board 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, ex-officio or ad-hoc member. There shall be no limit to service on advisory boards or commissions.
(e) Every year, each member of all boards and commissions must provide two (2) forms of proof of residence to include a photo ID and one additional form such as a utility bill, mortgage statement, or tax bill to the chairperson of their board. Said chairperson shall confirm the address/residence of the members of their board to the City Council.
Sec. 2-38 Listing of Boards and Commissions
(a) The city website shall list each board and commission of the city and include the following information:
(1) A summary of the board or commission’s functions.
(2) A link to the enabling legislation that created the body.
(3) A link to the board or commission’s agendas and minutes on the Secretary of State’s website.
(4) A list of all members, each member’s contact email address, the appointing authority of each member and the expiration date of their term.
Sec. 2-39. Removal of Board or Commission Members
(a) Members of any Board or Commission may only be removed for cause. City Council appointees shall require four-fifths vote to remove, executive mayoral appointments require a mayoral communication requesting removal by the City Council which shall state the cause for removal and shall require a four-fifths City Council vote.
(b) Causes for removal are as follows:
(1) Failure to meet prescribed standards of morality and ethics to an extent that makes an appointee unsuitable for any kind of service on a city board or commission, including, but not limited to malfeasance and misfeasance.
(2) Theft, misuse or destruction of city property.
(3) Incompetency, inefficiency or negligence in the performance of duties.
(4) Conviction of a criminal offense.
(5) Disgraceful personal conduct.
(6) Unauthorized and excessive absences.
(7) Acceptance of any valuable consideration which was given with the expectation of influencing a member of the board in the performance of his or her duties.
(8) Falsification of records or use of official position for personal advantage.
(c) Board and commission members shall first have been served with a written notice of the intention of the mayor or council to impose such discipline. This notice shall contain the reasons for the discipline and will fix a time and place not less than ten days after the service of such notice, at which time he or she shall be given an opportunity to be heard in his or her defense. The hearing shall be public at the option of the person who is the subject of the hearing, and he or she may be represented by counsel.
Sec. 2-40. Lack of attendance and Abandonment of Position
Any member of a board or commission that shall fail to attend three consecutive regular meetings or five total meetings in a calendar year shall be considered to have abandoned their seat. The presiding officer of the body shall notify the clerk and the appointing authority of the need to fill a vacancy for the remainder of the unexpired term. Should the appointee dispute their removal under this section, they shall be entitled to a hearing such as specified under Section 2-39, such hearing shall be limited to a matter of review of the subject’s attendance record.
Sec. 2-41. Establishment of Boards and Commissions
All boards and commissions that shall exist in perpetuity shall be established by ordinance and shall not be established via resolution or other council vote, special and select committees or commissions, setup for a specific length of time or for a specific quantifiable objective may be established by resolution, the specific length of time for a special committee by resolution shall not exceed two (2) years. The mayor may create advisory boards and commissions by written order to advise the mayor.
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
Assistant Mayor Britto states that he applauds the decision to have this advertised he just didn’t think they needed an audience to have it advertised. He is asking for clarification and notes that wording has been changed re: criminal offense. He adds it wasn't the entire ordinance which he was against but certain aspects. The other element has to do with applications. The city doesn’t have that and he found it difficult that someone would want to post their resume and they could be critiqued on social media when they are volunteering their time. There's a lot in here which is good and he doesn't see how being scrutinized to volunteer helps. He understands the one member on multiple boards and doesn't have an issue with that.
Councilman Faria thanks those who spoke in favor. He states the purpose was simply transparency. He wants to open this up to the public and let them know when vacancies occur. He wants to open and expand the base of volunteers to encourage participation for all residents. He notes this limits them to one administrative board which means if the board has administrative duties.
Councilman Botelho states that he finds it interesting that Gene Saveory came up to support the change and he raises a classic case in point of why it is needed. The Cumberland Farms development forced the city council to take its own members of the Zoning Board to court or it would have been a done deal and City Manager Chapman who was the Solicitor at the time took this to court and the decision was over turned. These boards have a very big impact on the community. If this had been in place at the time of the Cumberland Farm issue it would have been addressed and he would have been alerted. This is long overdue and he sees a practical need for it and knows the impact it can have when ignored.
Public Hearing:
1. Candy Seel, 340 South Broadway (02914) – in support.
2. Chrissy Rossi, 87 Shore Road (02915) – in support.
3. Scott Scienzo, 58 Woodbine Street (02915) – in support.
4. Max Brindle, 212 Brandeis Avenue (02914) – in support.
5. Jason Desrosiers, 80 Village Green North (02915) – in support.
6. Gene Saveory, 41 Scott Drive (02915) – in support.
A motion to approve the Ordinance for Final Passage is made by, seconded by and on a roll call vote the motion passes 3-1 with Mayor Briden Absent.
B. NEW BUSINESS
A. City Managers Report (by City Manager Timothy Chapman)
The City Manager announces under the direction of the Affirmative Action Officer that the Dr. Martin Luther King program tomorrow will take place from 6:00PM-7:00PM here in the council chambers. It is a family friendly event and all are invited. There will be singing and a guest speaker Jason Rohas as well as memorabilia on display.
The City Manager thanked the DPW, Police and Fire and Deputy Director of EMA for an outstanding job during the snow storm.
B. Reports of Other City Officials
1. Claims Committee Report (by City Solicitor Gregory Dias)
Pursuant to R.I.G.L. § 42-46-5(a)(2), a motion is made by Councilman Botelho and seconded by Councilwoman Sousa 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 – Absent, the motion is approved 4-0.
EAST PROVIDENCE CLAIMS COMMITTEE
CLAIMS & LITIGATION REPORT
TUESDAY, JANUARY 16, 2018; 7:00 P.M.; ROOM 101
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SEWER CHARGE ABATEMENTS
1240 PAWTUCKET AVE. LLC $356.03
Request for a sewer charge abatement for the property located at 1240 Pawtucket Avenue in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilwoman Sousa Seconded by: Councilman Botelho
Motion: Approve the sewer charge abatement in the amount of $356.03.
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VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | √ |
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| Nay |
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| Abstain |
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| Absent |
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CURTIS BETTS $443.45
Request for a sewer charge abatement for the property located at 2-6 Beach Point Drive in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilman Faria Seconded by: Councilwoman Sousa
Motion: Approve the sewer charge abatement in the amount of $443.45.
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VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | √ |
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| Nay |
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| Abstain |
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| Absent |
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ADAM COELHO $351.41
Request for a sewer charge abatement for the property located at 2 St. Michael’s Court in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilman Botelho Seconded by: Councilman Britto
Motion: Approve the sewer charge abatement in the amount of $351.41.
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VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | √ |
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| Nay |
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| Abstain |
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| Absent |
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NOAH ESCALER $159.06
Request for a sewer charge abatement for the property located at 19 Bliss Street in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilman Botelho Seconded by: Councilwoman Sousa
Motion: Approve the sewer charge abatement in the amount of $159.06.
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VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | √ |
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| Nay |
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| Abstain |
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| Absent |
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STEVEN GIARRUSSO $230.05
Request for a sewer charge abatement for the property located at 36 Brown Street in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilman Faria Seconded by: Councilwoman Sousa
Motion: Approve the sewer charge abatement in the amount of $230.05.
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VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | √ |
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| Nay |
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| Abstain |
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| Absent |
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THOMAS STRINGFELLOW $287.08
Request for a sewer charge abatement for the property located at 1 Bullocks Point Avenue in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilman Faria Seconded by: Councilman Britto
Motion: Approve the sewer charge abatement in the amount of $287.08.
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VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | √ |
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| Nay |
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| Abstain |
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| Absent |
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GUILHERMINA SILVA $254.97
Request for a sewer charge abatement for the property located at 75 Dewey Avenue in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilman Britto Seconded by: Councilwoman Sousa
Motion: Approve the sewer charge abatement in the amount of $254.97.
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VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | √ |
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| Nay |
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| Abstain |
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| Absent |
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CHARLENE VARGAS $100.20
Request for a sewer charge abatement for the property located at 76 Boyden Boulevard in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilman Faria Seconded by: Councilwoman Sousa
Motion: Approve the sewer charge abatement in the amount of $100.20.
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VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | √ |
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| Nay |
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| Abstain |
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| Absent |
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A motion is made by Councilman Botelho, seconded by Councilman Britto to adjourn at 7:10 p.m. and reconvene in open session. Upon a roll call vote, the motion is approved 4-0.
A motion to approve the Claims Committee Report is made by Councilman Botelho, seconded by Councilwoman Sousa and on a roll call vote it is unanimous with Mayor Briden Absent.
C. Report of School Committee Liaison
There is no School Committee Liaison Report.
D. Resolutions
7. RESOLUTION IN SUPPORT OF PROPOSED LEGISLATION ALLOWING ASSOCIATED RADIO AMATEURS OF SOUTHERN NEW ENGLAND PERMANENT EXEMPTION FROM TAXATION
A motion to dispense with the reading of the resolution is made by Councilman Faria, seconded by Councilwoman Sousa and on a roll call vote it is unanimous with Mayor Briden Absent.
WHEREAS, the Associated Radio Amateurs of Southern New England operating as W1AQ and organized in 1925 is an amateur (HAM) radio organization that provides emergency communications services during natural disasters and is located in and owns property in the City of East Providence, and
WHEREAS, the Associated Radio Amateurs of Southern New England operating as W1AQ is presently being assessed taxes by the City of East Providence in the amount of $1,020.11 and;
WHEREAS, the Associated Radio Amateurs of Southern New England has no income and has its budget entirely funded by membership club dues; and
WHEREAS, the Associated Radio Amateurs of Southern New England is the oldest station that owns its own club and land; and
WHEREAS, emergency management personnel have stated that communications systems, no matter how technologically advanced, may and/or will at some point fail. The HAM radio organization and members provide a network in order to avoid complete failure of communication; and
WHEREAS, amateur radio operators are a valued backup plan in emergencies as noted in recent events including the northeast blackout in 2003 and Hurricanes Katrina and Rita in 2005; and
WHEREAS, a resolution regarding this matter was previously adopted by the City of East Providence City Council on July 17, 2012 but was not enacted into law.
NOW, THEREFORE, BE IT RESOLVED that the East Providence City Council hereby supports the following proposed legislation allowing the Associated Radio Amateurs of Southern New England operating as W1AQ permanent exemption from taxation:
To be enacted by the General Assembly as follows:
The Associated Radio Amateurs of Southern New England, a Rhode Island non-profit corporation shall be entitled to acquire, take, receive and hold by purchase, sale, gift, lease, devise, bequest or otherwise, real and personal estate of every kind and description without limitation on the total amount thereof, for religious, charitable or educational purposes, communication and communication technology and to use, manage, operate, improve, and apply same for the aforementioned purposes. The said corporation and all of their said real and personal estate shall be exempt from all taxes imposed by the state and by any political subdivision thereof, which said exemption shall apply to all taxes imposed by law upon real and personal estate.
SECTION 2. This act shall take effect retroactive to July 17, 2012.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the East Providence City Council hereby requests that the City Clerk send a copy of this Resolution to the Governor of the State of Rhode Island, the Lieutenant Governor of the State of Rhode Island, the President of the Rhode Island Senate, the Speaker of the Rhode Island House of Representatives, and the Senators and Representatives from the City of East Providence.
Requested by: Councilman Britto
Assistant Mayor Britto states that he was approached to put this resolution on the docket after having discussions with Sargent Matt Robinson. He was never fully aware how import this was to the city for providing emergency communication during natural disasters. They have been in existence since 1925. They have owned the property since then and provide a service for the community. They have provide communication during disasters and have done so for example during the Hurricane in Porto Rico. During a disaster this could be the only communication possible. They can do communication not only for East Providence but also in the country as a whole. He calls Matt Robinson and John Isadoro the president of the association to the podium.
Mr. Isadoro speaks and notes that they have been licensed for 56 years and during the Blizzard of ‘78 they were a major form of communication. They have participated with numerous drills for EMA and the club has been around since 1925. They have more than one member with a PH.D. and many engineers who come out of this club. Back in 1972, they were tax exempt until 2012 when the budget commission came in and then they were back on the tax rolls. They were devastated and the inspector came out and found that the property is not worth what they thought and they had to raise the dues twice. They had 30 members and are consequently now down to about 18 members. It is less important than it was but it is still important.
Councilwoman Sousa asks about the retroactive status.
Solicitor Dias states a number of others came to council and it was overturned at the legislature this was not included in that list.
Mr. Isadoro states that at first they did not due retroactive and some did pay dues and there was a reimbursement. They help the Boy Scouts and get them involved running emergency communications. They communicate with other countries and every June they do Field Day with other HAM operators all over country to practice their skills, using generators and solar power out in the field, dealing with real life emergency situations.
Assistant Mayor Britto states that although it is not a huge amount it is just over $1,000 it is a huge amount for them.
Councilwoman Sousa asks if they can take the language out for retro since they are up to date.
Assistant Mayor Britto states that it is needed when there is an emergency.
A motion to approve the Resolution with the amendment to remove the retroactive status in Section 2 is made by Councilman Botelho, seconded by Councilman Faria and on a roll call vote it is unanimous with Mayor Briden Absent.
8. RESOLUTION REQUESTING LEGISLATIVE RATIFICATION OF THE CHARTER OF THE CITY OF EAST PROVIDENCE AS AMENDED
WHEREAS, on November 8, 2016 the voters of the City of East Providence overwhelmingly approved amendments to the Home Rule Charter of the City of East Providence; and
WHEREAS, by that vote, said amendments to the Charter have been duly adopted pursuant to Article 13, Section 8 of the Rhode Island Constitution; and
WHEREAS, the Home Rule Charter of the City of East Providence was originally adopted by the Town of East Providence in September 1954; and
WHEREAS, since that date, there have been several amendments to the Home Rule Charter, changes in various state laws affecting municipalities, and an amendment to the Constitution for the State of Rhode Island; and
WHEREAS, the City Council for the City of East Providence at this time wishes to seek legislative ratification of the entire Home Rule Charter of the City of East Providence as amended to reaffirm the commitment of the City of East Providence to its Home Rule Charter in all respects.
NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of East Providence requests that the Rhode Island General Assembly ratify the Home Rule Charter of the City of East Providence as amended and by said ratification give effect to, confirm, and validate the Home Rule Charter of the City of East Providence as amended in its entirety.
BE IT FURTHER RESOLVED, that the City Clerk send a copy of this Resolution and the resolutions passed by the East Providence City Council on August 24, 2017 establishing the language of the approved amendments to the East Providence City Charter to the Senators and Representatives of the City of East Providence legislative delegation, the House of Representatives, the Rhode Island Senate, the President of the Rhode Island Senate, the Speaker of the House of Representatives, and the Governor of the State of Rhode Island.
Requested by: Mayor Briden
This item was deferred.
XII. ADJOURNMENT
A motion to Adjourn at 10:09PM is made by Councilman Faria, seconded by Councilwoman Sousa and on a roll call vote it is unanimous with Mayor Briden Absent.
Approved By Council: February 6, 2018
Attest: _______________
City Clerk