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CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
March 6, 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)(1)(2).
A. Claims
1. Leonardo Alves
2. Liberty Mutual Ins. Co. (Ins. Philip Abbatomarco)
3. Kenyon Robertson
B. Sewer Charge Abatements
1. Linda Borg
2. Richard Fensterer
3. Lori Holmes
4. Joe Morgado
5. Paula Penelton
6. Marco Resendes
7. Cheryl Tait
II. OPEN SESSION
III. CALL TO ORDER
Mayor Briden calls the meeting to order at 7:30PM.
IV. SALUTE TO THE FLAG
V. TO APPROVE THE CONSENT CALENDAR
A. Letters
1. CRMC Public Notice of intention to accept public comments and adopt chapters for the Shoreline Change Special Area Management Plan (Beach SAMP)
B. Alcoholic Beverage Class F
Sacred Heart Church, 118 Taunton Avenue (02914), Dinner, March 10, 2018.
C. Council Journals
1. Council Journal Regular Meeting February 20, 2018
Council Botelho requests the City Clerk work with Clerkbase to confirm all council minutes are listed on the city website.
A motion to approve the Consent Calendar minus item Letter C is made by Councilman Botelho, seconded by Councilwoman Sousa and on a roll call vote it is unanimous.
VI. COMMUNICATIONS
A. Donald T. Cunard and Sherry Clarke, 3040 Pawtucket Avenue, Apartment 104A (02915) requesting to address the Council regarding a dangerous traffic area in front of the parking lot of 3040 Pawtucket Avenue.
B. Chrissy Rossi, 87 Shore Road (02915) requesting to address the Council regarding terms and elections follow up.
Ms. Rossi notes that she had indicated she would return in two weeks to follow up. She would like to know what the council had come up with for a solution.
Solicitor Dias states that regarding the School Committee they had staggered terms and the research goes back to 1998. A resolution was passed by the city council to put this on the ballot for a 2 year election for school committee and to be elected by ward. The question was whether that was ok because of the state law requiring staggered terms. This was approved by the citizens and forwarded to the General Assembly as a joint resolution which passed affirming those terms.
Councilman Botelho states that as for the city council, in 2012 a resolution was passed by the city council and placed on the ballot. This passed. The final paragraph in that amendment states that it becomes effective upon passage without further action. There is no action required such as General Assembly approval. At some point the council sought legislative approval anyway. He explains that though each mirrored bill passed its own chamber none if forwarded moved onto the opposite floor and none where sent to the Governor for signature. He adds that the time line just looks like a cover-up and that it appears that this action is stating it doesn't matter what you do we will take it away from you whether you voted for it or not. He adds there are superior court decisions that say home rule charters do not need general assembly approval. He states the law department would like to seek an outside opinion so the opinion is not for the council who appoints them but this council has a duty to clean this up once and for all. He is hopeful that upon hearing all this the city clerk fulfills the administrative duty to update the charter. He adds that if she gets any obstruction to this she is to let this council know. This vote was people's will and it will be done as long as he is sitting here.
Ms. Rossi states she is very glad to hear this.
Councilman Faria acknowledges that Ms. Rossi has worked on this for years. He asks the City Clerk why the previous council did not codify and the City Clerk states they had received a legal opinion stating that the change required general assembly ratification.
Canvassing Board Member Tom Riley is called to the podium. He is unsure at this point the role of the board but he would say the four year term is valid.
Mayor Briden states the law department is going to get an outside opinion.
Solicitor Dias asks if they want to take a vote to instruct the City Clerk and Councilman Botelho states he is of the opinion they don’t need to.
Councilwoman Sousa states that they put a Charter Commission together so that the people could vote on the amendments and it would be the same issue if after people voted they didn’t enact their decision.
Councilman Botelho adds they want to keep you on a collar so you have to keep coming to them every two years.
VII. PUBLIC COMMENT
There are no public comments.
VIII. APPOINTMENTS
A. Canvassing Authority Re-Appointment (by Mayor Briden)
Elizabeth Peg, 74 Sweet Briar Avenue (02915)
A motion to approve the Appointment is made by Councilman Botelho, seconded by Councilwoman Sousa and on a roll call vote it is unanimous.
IX. COUNCIL MEMBERS
A. Ward One Neighborhood Watch Informational Meeting, Wednesday, February 28th 6:30PM, Conference Room A, City Hall (by Mayor Britto)
Assistant Mayor Britto thanks the Chief and the EPPD for participating in the meeting and states the next meeting is tentatively set for March 28th at 6:30PM.
B. New Wastewater Plant Update (by Councilman Faria)
Councilman Faria lets people know that Barrington will be adding the Bison product will be added earlier in the line closer to the Riverside Square which should provide for better results.
C. Title Search Fees (by Councilman Faria)
Councilman Faria states that a number of people have complained to him regarding the added title search fee of $300 on past due water bills and he would like to know if this could be done in house to reduce the fees.
The City Manager states that would be up to the law department.
Solicitor Dias states that it is a levee fee not just a title search fee, people are given a 90 day notice and it goes out with a 40 day certified mail notice and they have to prepare the newspaper ad and the fee includes costs for someone to be present at the tax sale. It is a collection of fees and postage and notices to all these individuals. If they are behind in their water bill they would be receiving a bill every month. In addition, they would be receiving 3 overdue notices. Lastly, in December they would have until January 5th to make a payment or come in and set up a payment plan.
Councilman Faria notes that if a person is at tax sale and feels they have a legitimate appeal due to the ordinance they can make their appeal to this body. He adds that going forward he would like to see them take a look at the fees.
D. Open Appointments on Boards and Commissions Clarification (by Councilman Faria)
Councilman Faria states that he wrote and believes in this ordinance and there was confusion even via the law department. What was asked was that they post the vacancy. If they wanted to see the application they would be able to do so. It never made a mention about having a resume posted for 10 days. They certainly don't want to burden anybody.
Solicitor Dias states the language itself does pose a question is it when the vacancy itself is there or once the member makes the appointment, is that name posted.
Councilman Faria states the intent was that the vacancy was posted. Once council arrives at their final choice, if they wanted to see an application they had a right to review who their applicant was.
Solicitor Dias states he and the city clerk thought that the resume had to be posted.
Councilman Faria states just the vacancy. If someone wants to know who the applicants are they are more than welcome.
Councilman Botelho asks if there is a way they can clarify the written ordinance by amendment to reflect what Councilman Faria is saying.
Solicitor Dias states there will be an application very soon which will not contain the personal information a resume would contain that will be used by all.
Councilman Sousa adds there was confusion and nothing had been implemented from IT for an application process. The City Clerk and IT Director and Robin Robinson have come together and addressed this via Clerkbase with a process to go on the city website and click on a link and submit and each council member is notified that someone has applied. Then council contact the city clerk with whoever they decide to appoint.
Councilman Faria states that members have reached out regarding a position for the planning board.
E. LED Update (by Councilman Faria)
Councilman Faria states he has been working hard on LED lighting. From Boston to Los Angeles they are seeing substantial savings. He is trying to get it to the finish line. Cranston is paying as low as $4,500 and East Providence is being quoted $300,000. East Providence is not purchasing the LED lighting but rather this is to purchase the lighting already on the poles. Some towns paid $1 for 3800 lights as in North Providence. He asks the City Manager about the timeline on the petition.
The City Manager explains it is coming from the law department and that Assistant Solicitor Conley is working on it and he spoke with him today and he will be freeing up some time to get as close to that date as possible.
Director Coutu came to the podium and the Councilman thanks him for helping with a tree fallen on an elderly woman's property in Riverside.
Councilman Botelho ask if there is a rhyme or reason as to why East Providence is being charged so much more.
Both Director Coutu and the City Manager state there is not a reasonable response being given. They claim they treat us the same. They claim our equipment is newer but can't give us any rationale. Also, under the fair street light act they are to give a correct response and figure other cities and towns have just gone along and paid and some got a bargain and some didn't. Until the PUC gives us a response we will see if we are correct or not.
F. Resident Phone In Service at the Tax Office (by Councilman Faria)
Councilman Faria states residents are complaining they cannot get through to this office and the complaints he receives are on a daily basis. He knows they came up with the senior line and is if there is anything they can do about this.
The City Manager states certain times are busier than others and the staff are on their feet all day. They just recently hired someone else to assist in that office. It is not an easy job. They try to move things along as best as they can. They try to get residents to go on line and go to the drop box.
Councilman Faria states he understands that however the concerns they had were that they were questioning the bills. He asks with this extra person will they be able to answer the phones. He adds that years ago they always did.
The City Manager states that during the peak hours they have a person who comes in on a part time basis.
G. State Street Update (Permits and Design Plan) (by Councilwoman Sousa)
Councilwoman Sousa states with the weather it is more and more evident that this area needs relief. She calls Director Coutu to the podium. He states it is unfortunate that they weren't able to proceed w these last summer. Last Friday was one of the worst he has seen in many years. It was not as bad as 2010 or 2005 but it was bad. They are on track. As an update the design for the new culvert is completed. JH Lynch has these and hopefully the pricing has not changed from last year. Permitting does not have to go before DEM as the work is in MA. It does have to go back before the Seekonk Conservation Commission. The traffic management plans have to go to MA DOT and RI DOT. They will get those permits in place. Work in July and August will have completed restoration of the channel. Recently they received a proposal from GSA and he is reviewing the design now.
Councilwoman Sousa states there is nowhere for the water to go except into the community due to the fragmites and that dredging is equally as important. She asks if the city has cleaned out the basins. Director Coutu states yes prior to the storm.
Councilman Faria thanks Director Coutu for keeping the flow at the brook by Glenrose moving along. Adding they did a very good job.
H. Community Meeting to be held at City Hall, Council Chambers on March 21st 6:00pm; inviting all residents to discuss Road Work and Sidewalk Replacement Project this summer (by Councilwoman Sousa)
Councilwoman Sousa announces that the meeting will be held in Conference Room A. She adds she has asked Director Coutu to attend with a presentation of slides. She feels as though this meeting is really important as Councilman Botelho mentioned earlier he was looking for a bond for approximately $15 million to repair all the roads in the community. While this number did not pass the council did pass via the budget $2.9 million. It is an important issue and needs to happen. It is also important for the community to be involved not just public works. It is good to have open communication so all can discuss. She states she is inviting all the residents in the community to come out regardless of what ward they live in and invites all council members to attend.
Councilman Botelho thanks Councilwoman Sousa for bringing this up. Due to the decades of neglect every year it seems like it multiplies by a factor of 10 and close to $3 million is not enough and they don’t know what the next council may vote to spend money on next time. On September 19th, the council had it on for a bond recommendation and any one on a prevailing side can put it back on the table for a vote and if anyone would like to do he would certainly welcome that opportunity.
Councilman Faria states the concern at the time was the bonding capacity.
Mayor Briden states he wasn't opposed but wanted to see what they were doing as a city with regard to the high school bond to know what the plan was so they can do both and address both as a whole with a 5 year plan. He likes the idea of addressing the roads but needs all the information to be in.
I. Class of “98” 20th Reunion Celebration (by Councilwoman Sousa)
Councilwoman Sousa announces this is the East Providence High School Graduation Class of 1998 Reunion Event being held on March 20th at the Venus De Milo and tickets are $40 for those interested in attending visit the Facebook and website for the class.
J. Women’s History Month Celebration (by Councilwoman Sousa)
Councilwoman Sousa states this month is Women's History Month. She and Elmer are putting together a celebration at City Hall entitled the year of the woman and the celebration is March 20th in the council chambers from 11:00AM-1:00PM. There will be a panel of speakers geared towards RI leadership and women is leadership in community, government and business. There will be refreshments, a light lunch provided and the focus group will be girls from the High School and Middle Schools to empower them to be leaders in the community who will be present to help guide them and let them know that discrimination of women will no longer be tolerated.
X. LICENSES REQUIRING PUBLIC HEARING
A. Club License - Alcoholic Beverage Full Priv. – Transfer
Transfer from Agawam Hunt to New Agawam Hunt, LLC, 15 Roger Williams Avenue (02916), Lance Pryor, 40 Loring Avenue, Providence (02806).
Larwence Pryor is present.
Public Comment:
1. Thomas Riley, 3620 Pawtucket Avenue wanted to know if the taxes had been paid and the City Manager and the response is they were paid in full.
A motion to approve the license is made by Councilman Faria, seconded by Assistant Mayor Britto and on a roll call vote it is unanimous.
B. Dance Entertainment – Transfer
Transfer from Agawam Hunt to New Agawam Hunt, LLC, 15 Roger Williams Avenue (02916), Lance Pryor, 40 Loring Avenue, Providence (02806).
A motion to approve the license is made by Assistant Mayor Britto, seconded by Councilman Botelho and on a roll call vote it is unanimous.
XI. LICENSES NOT REQUIRING PUBLIC HEARING
A. Vict Over 50 – Transfer
Transfer from Agawam Hunt to New Agawam Hunt, LLC, 15 Roger Williams Avenue (02916), Lance Pryor, 40 Loring Avenue, Providence (02806).
A motion to approve the license is made by Councilman Faria, seconded by Councilwoman Sousa and on a roll call vote it is unanimous.
B. Hawker – 60 Day (General Merchandise Flowers/Plants)
New England Novelty, 560 Mineral Spring Avenue, North Providence, Keith Lambert, 1455 Wallum Lake Road, Pacoag (02859).
Ed McMahon is present on behalf of Mr. Lambert who had a family emergency.
A motion to approve the license is made by Councilman Faria, seconded by Councilwoman Sousa and on a roll call vote it is unanimous.
C. Holiday Sales – Transfer
Maxi Drug South, DBA RiteAid to Walgreen Co., 300 Wilmot Road, Deerfield, IL 60015, Amelia Legutki, 130 Homewood Avenue, Libertyville, IL 60048.
| Locations: | 655 Warren Avenue (02914) (store #10256) |
| | 1086 Willett Avenue (02915) (store #10257) |
| | 220 Newport Avenue (02916) (store #10258) |
Chris Gosnole, 11 Brayson Drive, Warwick, RI.
A motion to approve the license is made by Councilwoman Sousa, seconded by Councilman Botelho and on a roll call it is unanimous.
D. Additional Hours – Transfer
Maxi Drug South, DBA RiteAid to Walgreen Co., 300 Wilmot Road, Deerfield, IL 60015, Amelia Legutki, 130 Homewood Avenue, Libertyville, IL 60048.
Locations: 655 Warren Avenue (02914)
A motion to approve the license is made by Councilman Botelho, seconded by Councilwoman Sousa and on a roll call it is unanimous.
XII. PUBLIC HEARING - ORDINANCES FINAL PASSAGE
A. AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “VEHICLES AND TRAFFIC”
A motion to waive the reading of the ordinance is made by Councilman Faria, seconded by Councilwoman Sousa and on a roll call vote it is unanimous.
SECTION I. Subsection (b) of Sec. 18-269 entitled “Stop and yield intersections designated; when stops required” is amended by adding thereto the following:
Mauran Avenue (eastbound and westbound traffic) at Sixth Street
SECTION II. This ordinance shall take effect upon second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Councilwoman Sousa
Director Coutu is called to the podium and explains this is located right near a playground and that he makes sense to do so.
A motion to approve the Ordinance for final passage is made by Councilwoman Sousa, seconded by Councilman Faria and on a roll call vote it is unanimous.
B. AN ORDINANCE IN AMENDMENT OF CHAPTER 11 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “PERSONNEL, PENSIONS AND RETIREMENT”
SECTION I. Section 11-236 entitled “Service retirement annuity” of Article V entitled “Firemen’s and Policemen’s Pension Fund” of Chapter 11 of the Revised Ordinances of the City of East Providence, 1998, as amended, entitled “Personnel,” is amended to read as follows:
Sec. 11-236. Service retirement annuity.
(a) Effective November 1, 1975, members retiring from service under subsections 11-235(a)(1) or (2) shall receive an annuity equal to two percent of the final average salary for each completed year of service, subject to a maximum of 70 percent of final average salary.
(b) Effective November 1, 1975, members retiring from service under subsection 11-235(a)(3) shall receive an annuity equal to 2½ percent of final average salary for each of the first 20 completed years of service, and two percent of final average salary for each additional completed year of service, subject to a maximum of 70 percent of final average salary.
(c) A fractional period of service of less than a full year shall be considered in the calculation of the annuity.
(d)(a) Effective May 1, 1991, those members who retired from service between 1962 and 1984 shall receive a one-time ad hoc cost of living adjustment in the amount of $815.00 per year per member.
(e)(b) Effective June 1, 2008 those members who retired from service between 1962 and 1984 shall receive a one-time ad hoc cost of living adjustment of $900.00 per member except in the case of a widowed member whose increase shall be $600.00 per year, and those members who are receiving an annual cost of living adjustment.
(f)(c) All retired police officers and fire fighters currently receiving a service connected disability pension who otherwise do not presently qualify for the existing cost of living adjustment as provided for in the current collective bargaining agreement for police officers and fire fighters shall be entitled to an annual three percent cost of living adjustment in their pension effective January 1, 2000.
(d) Effective February 12, 2018, members retiring from service shall receive an annuity as provided for in the current collective bargaining agreement for police officers and fire fighters.
(e) All retired police officers and fire fighters currently receiving a service connected disability pension or receiving a service connected pension shall receive a cost of living adjustment as provided for in the current collective bargaining agreement for police officers and fire fighters.
SECTION II. This ordinance shall take effect upon its second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Councilman Faria
A motion to defer the ordinance at this time due to further study is made by Councilman Faria, seconded by Councilman Botelho and on a roll call vote it is unanimous.
C. AN ORDINANCE IN AMENDMENT OF CHAPTER 11 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “PERSONNEL, PENSIONS AND RETIREMENT”
A motion to waive the reading of the ordinance is made by Councilman Faria, seconded by Councilwoman Sousa and on a roll call vote it is unanimous.
SECTION I. Section 11-239 entitled “Administration of disability annuities” of Article V entitled “Firemen’s and Policemen’s Pension Fund” of Chapter 11 of the Revised Ordinances of the City of East Providence, 1998, as amended, entitled “Personnel,” is amended to read as follows:
Sec. 11-239. Administration of disability annuities.
(a) The determination of disability from any cause shall be made upon the basis of reports on examinations made by three physicians consisting of the city physician, a physician employed by the board and a third physician selected by the other two.
(b) A member on disability shall at the board's discretion be required to submit to an examination at least once each year by a physician appointed by the board to establish that the member is incapacitated for service as a police officer or firefighter and is entitled to continue to receive an annuity. The board may cancel a disability annuity upon evidence that the member is no longer disabled for such service. If such cancellation occurs and the member does not reenter service, he shall be entitled to a refund of the excess, if any, of the contributions made by the member, including interest, over the amounts received by the member on the disability annuity.
(c) If a medical examination or an investigation made by the board discloses that a member is engaged or is able to engage in any gainful occupation, payment of the disability annuity shall be discontinued or reduced to an amount which, when added to his income from such gainful occupation, shall not exceed the rate of his salary at date of retirement or the rate of salary currently being paid for a position similar to that held by the member at commencement of disability, whichever is higher.
(d) Should any member receiving a disability annuity refuse to submit to a medical examination or supply the board with a statement of income as hereinbefore provided, annuity payments by the system shall be discontinued until compliance with the provisions of this section. Should such refusal continue for one year, all rights of the member to any disability annuity shall be revoked by the board. Upon a finding that a member receiving a disability annuity has deliberately falsified information contained in his statement of income, all rights of the member in any disability shall be revoked by the board.
(e) Each member in receipt of a disability annuity shall be required to submit to the board at least once each year a statement of income from a gainful occupation for the preceding 12 months on a form supplied by the board. Any adjustment in annuity payments as aforesaid shall be based upon such statements of income. A disability annuity shall be suspended if such statement discloses income from a gainful occupation equal to or in excess of the aforesaid amount, but shall be resumed when such condition has changed.
(f) Medical examinations of a member for consideration of a disability annuity (for a service-connected or nonservice-connected disability), as described in this section, shall be made upon application of a member acting on their own behalf, or upon application of the Chief of the department of which said member is employed if the Chief believes that the member is unable to perform his or her duties due to a disability, and that said disability is likely to be permanent.
SECTION II. This ordinance shall take effect upon its second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Councilman Faria
The Solicitor states that he did review the ordinance and it was approved by the Police Fire and Pension Board.
A motion to approve the Ordinance for Final Passage is made by Councilwoman Sousa, seconded by Councilman Faria and on a roll call vote it is unanimous.
D.AN ORDINANCE IN AMENDMENT OF CHAPTER 11 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “PERSONNEL, PENSIONS AND RETIREMENT”
SECTION I. Article V entitled “Firemen’s and Policemen’s Pension Fund” of Chapter 11 of the Revised Ordinances of the City of East Providence, 1998, as amended, entitled “Personnel,” is amended by adding thereto the following:
Sec. 11-253. Death of a retired participant.
Upon death of a retired member while in receipt of a service retirement annuity shall be entitled to a survivor benefit. The survivor benefit annuity is a fixed amount and shall be equal to 67.5% of the deceased members’ annuity. Eligibility for a survivor benefit shall be subject to the following conditions:
(1) The spouse shall have been married to the member at least one year prior to the date of retirement. The annuity shall terminate in any event upon remarriage, and any change in marital status thereafter shall create no rights for the widow to any annuity or any other payment from the system.
(2) The participant was not married at the time of retirement but had unmarried child/children under the age 18 including in utero. The legal guardian of the child/children shall receive the survivor benefit and would terminate upon their attainment of age 18, death or marriage, whichever first occurs.
(a) Minor children shall include children of the blood and adopted children, provided that the proceedings for adoption shall have been initiated at least one year prior to the date of the death of the member.
SECTION II. This ordinance shall take effect upon its second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Councilman Faria
A motion to defer the ordinance at this time due to further study is made by Councilman Faria, seconded by Councilman Botelho and on a roll call vote it is unanimous.
XIII. NEW BUSINESS
A. City Managers Report (by City Manager Timothy Chapman)
1. Refuse/Recycling Collection contract extension
The City Manager explains this is to add 5 years to the current contract with Meager. Year one provides $144,063 and more than $720,000 over the next 5 year term which is a 5% decrease and 2% for the following four years. They are also increasing the liability insurance. The Finance Director and Fiscal Advisor have both reviewed and he also had discussions with Director Coutu and Mr. Meager for what they feel is a beneficial contract for the city.
Councilman Botelho states he is sure a lot of work went into it. However, not being on the previous council which approved the contract he doesn't know if it was good or not. There really is no way to know.
Director Coutu is called to the podium by the City Manager. He notes they had a bid which was done originally and they were selected and then again a bid and that was done with Pawtucket and Central Falls as a group.
Councilwoman Sousa asks if this is in addition to or separate for the TIPS.
Director Coutu states it is just for collection of rubbish and recycling. They went out to bid in 2012 and MTG was the low bidder and during the Budget Commission they wanted to look at regional pricing and at the time Pawtucket was looking to outsource. They then went out again with Pawtucket and they again were the low bidder. The contract has a 5 year option to extend. They are looking at 2021. What they are paying in 2018. Their service has been really good and it provides the least of his headaches. Whenever there is one address that needs something they go there right away. If they look forward it's less than what they are paying now.
Councilman Botelho states he understands but it’s tough for him to vote not knowing and having not been here for the initial to approval.
The City Manager states he would be happy to defer this to the next meeting and have MTG and purchasing present. The new contract is not until November of 2018.
Councilman Botelho asks if the rate of technology has changed maybe it is a good deal but maybe they could do better but based on what he has before him he really doesn’t know.
The City Manager defers this item to the next meeting.
2. Benny’s Parking Lot Adjacent to Kent Heights School
The City Manager states he spoke with Kelly Coates from Carpionato at Councilman Botelho’s request. Councilman Botelho had stated that Benny’s had always allowed teachers to park there during the day. Mr. Coates has stated he doesn't believe a long term plan is realistic and doesn't want to raise false hopes thereafter.
Councilman Botelho thanks the City Manager for reaching out to them. He adds there was an interesting development today and based on the response they thought they had a tenant but today a huge for lease sign went up. If they can't use that parking lot during the morning drop off and pickup that is a big issue. He feels it will be an issue for the neighborhood. He would like to see if the city can activity engage a deal with them while in this unique position to create some finality.
3. Welcome to Police Officer Chico
The City Manager calls Chief Parella to the podium. Chief Parella states that this is the first K9 officer in a long time and the officer is a Belgium Malimois which is a smaller version of a Shepard. They are smaller and quicker and their hips last longer. They can get in and out of small places. The police officer was hired and he owns the dog and all rights and training which the EPPD now have. They did not pay to send him to the academy and the K9 Officer is fully trained. It is a dual purpose dog and it is really a great thing. The trainier he worked with is the absolute best. At one time the department had 3 Shepards. They had brought in a single purpose dog strictly for drug detection but this is their first dual purpose in many years and they plan on getting another one very soon. At the April 3rd Council Meeting they will swear in the 14 new officers and he is one of them. That dog will give his life for the mission without question.
The City Manager thanks DPW, Police, Fire and EMA Assistant Director Wayne Barnes as well as the Senior Center Director Bob Rock for having the only Red Cross warming center in the state which was open for four hours during the 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 Councilwoman Sousa and seconded by Councilman Botelho to convene in closed session for the purposes of discussing claims & litigation. Upon a roll call vote: Councilman Botelho – Aye, Assistant Mayor Britto – Aye, Councilman Faria – Absent (for vote only), Councilwoman Sousa – Aye, Mayor Briden – Aye, the motion is approved 4-0.
EAST PROVIDENCE CLAIMS COMMITTEE
CLAIMS & LITIGATION REPORT
TUESDAY, MARCH 6, 2018; 7:00 P.M.; ROOM 101
====================================================================
NEW CLAIMS
LEONARDO ALVES $465.00
RM No. 18-015, Claim No. 18-009
Claim for reimbursement of expenses incurred as a result of a sewer block due to roots from a City tree. See recommendation of the Director of Public Works.
Motion by: Councilman Botelho Seconded by: Councilwoman Sousa
Motion: Approve the claim in the amount of $465.00.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
LIBERTY MUTUAL INS. CO. $5,326.26
(INS: PHILIP ABBATOMARCO)
RM No. 18-006, Claim No. 18-016
Claim for property damage to insured’s parked vehicle involved in an accident with a City vehicle. Recommend referral to the insurance carrier.
Motion by: Councilman Botelho Seconded by: Councilwoman Sousa
Motion: Refer the claim to the insurance carrier.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
KENYON ROBERTSON $703.31
RM No. 18-018, Claim No. 18-012
Claim for property damage to vehicle sustained as a result of striking a pothole on Dunbar Avenue.
Motion by: Councilman Botelho Seconded by: Councilman Britto
Motion: Approve the claim in the amount of $300.00.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
SEWER CHARGE ABATEMENTS
LINDA BORG $140.96
Request for a sewer charge abatement for the property located at 125 Arnold Street in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilwoman Sousa Seconded by: Councilman Botelho
Motion: Approve the sewer charge abatement in the amount of $140.96.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
RICHARD FENSTERER $161.10
Request for a sewer charge abatement for the property located at 16 Upyonda Way in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilwoman Sousa Seconded by: Councilman Botelho
Motion: Approve the sewer charge abatement in the amount of $161.10.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
LORI HOLMES $32.22
Request for a sewer charge abatement for the property located at 9 Cozzens 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 $32.22.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
JOE MORGADO $59.28
Request for a sewer charge abatement for the property located at 175 King Phillip Road 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 $59.28.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
PAULA PENELTON $1,038.12
Request for a sewer charge abatement for the property located at 87 Beverly Road 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 $1,038.12.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
MARCO RESENDES $200.84
Request for a sewer charge abatement for the property located at 156 James Street in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilwoman Sousa Seconded by: Councilman Botelho
Motion: Approve the sewer charge abatement in the amount of $200.84.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
CHERYL TAIT $221.89
Request for a sewer charge abatement for the property located at 87 Ruth Avenue in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilman Botelho Seconded by: Councilwoman Sousa
Motion: Approve the sewer charge abatement in the amount of $221.89.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
A motion is made by Councilwoman Sousa, seconded by Councilman Botelho to adjourn at 7:11 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 Councilman Faria, seconded by Councilwoman Sousa and on a roll call vote it is unanimous.
C. Report of School Committee Liaison
D. Introduction to Ordinances
1. 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 waive the reading of the ordinance
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 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.
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 defers the ordinance for further review with the Law Department.
XIV. ADJOURNMENT
A motion to Adjourn at 9:52PM is made by Councilman Faria, seconded by Councilwoman Sousa and on a roll call vote it is unanimous.
Approved By Council: April 3, 2018
Attest: _______________
City Clerk