Date Posted: March 16, 2018
CITY OF EAST PROVIDENCE
RHODE ISLAND
DOCKET OF REGULAR COUNCIL MEETING
March 20, 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
The Council meeting of March 20, 2018 has been cancelled from lack of quorum due to illness.
All agenda items have been moved to the next regularly scheduled council meeting of April 3, 2018.
The City Council of the City of East Providence may meet in Executive Session pursuant to RI General Laws § 42-46-5 (a)(2).
A. Claims
1. Diana Coles
2. Francis P. Crawley
3. Tracey Lee-Mignacca
4. Li Ma
5. Sonia Vieira
6. Wilbur & Associates (Amica Mutual Ins./John Arruda)
B. Pending Claims
1. Florence Lopes
C. Sewer Charge Abatements
1. Steven Criner
Motion___By___2nd___
Botelho___Britto ___Faria___Sousa___Briden__
All items under “CONSENT CALENDAR” are considered to be of a routine and noncontroversial nature by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council member so requests, in which event, the item will be removed from the “CONSENT CALENDAR” and will be considered in its normal sequence on the docket.
A. Letters
1. Notice of new property zip code 0 Kettle Point Avenue (02914), Map 209, Block 03, Parcel 001.40, Zoning KP.
2. Resolution from the Town of Glocester in support of House Bill #7501 and Senate Bill #2419 relating ot the implementation of in person early voting.
3. Resolution from the Town East Greenwich School Committee in support of School Construction.
4. Resolution from the Town East Greenwich School Committee in support of Gun-Free Schools.
5. Resolution from the City of Warwick in support of the removal of the sunset provision in the residential mortgage foreclosure mediation program.
6. Resolution from the Town of Smithfield in support of School Construction.
7. Resolution from the Town of Charlestown in opposition to the proposed inclusion of the North Atlantic Region in the 2019-2024 National Outer Continental Shelf Oil and Gas Leasing Program.
8. CRMC March 2018 Meeting Calendar.
B. Council Journals
1. Council Journal Regular Meeting February 20, 2018
2. Council Journal Regular Meeting March 6, 2018
Motion___By___2nd___
Botelho___Britto ___Faria___Sousa___Briden__
A. Citation of Recognition to Rodrigo Pimentel (by Councilman Faria)
A. Kevin Oliver, 62 Walmarth Avenue (02915) requesting to address the Council regarding the Social Media Policy and review of current policy.
All persons wishing to make public comment shall sign a public comment sheet stating their name, address, and the subject of their comments. Said public comment sheet shall be available on a desk at the entrance of the City Hall Chambers no later than forty-five (45) minutes before the call to order of any regularly scheduled council meeting and shall be delivered by the City Clerk to the presiding officer no earlier than five (5) minutes before the call to order of the meeting. Each speaker will be limited to three (3) minutes. The order of speakers will be on a first come, first serve basis and the maximum time for public comment shall be limited to thirty (30) minutes per meeting.
A. Carousel Park Commission (by Councilwoman Sousa) Izilda Fernandes, 50 Walnut Street (02914)
Motion___By___2nd___
Botelho___Britto ___Faria___Sousa___Briden__
A. City Contracts In General (by Councilman Botelho)
B. The Tomorrow Fund (by Councilman Faria)
C. Hiring Practices (by Councilman Faria)
D. Petition to Public Utility Commission Regarding LED Update (by Councilman Faria)
Motion___By___2nd___
Botelho___Britto ___Faria___Sousa___Briden
E. Electronic Time Attendance and Complete Module Implementation (by Councilwoman Sousa)
Motion___By___2nd___
Botelho___Britto ___Faria___Sousa___Briden
F. Net Metering Update on Current Applicants/Awarded Announcements Date. (by Councilwoman Sousa)
G. Community Thank Yous (by Councilwoman Sousa)
H. Community Meeting to be held at City Hall, Conference Room A on March 21st 6:00pm; inviting all residents to discuss Road Work and Sidewalk Replacement Project this summer (by Councilwoman Sousa)
A. B Full Privlege Vict
Good Ventures Holdings, Inc. DBA Midici The Neopolitan Pizza Company, 75 Highland Avenue (02914), Brian Moy, 75 Cushing Road, Westwood, MA 02090.
Motion___By___2nd___
Botelho___Britto ___Faria___Sousa___Briden
A. Vict Over 50
Good Ventures Holdings, Inc. DBA Midici The Neopolitan Pizza Company, 75 Highland Avenue (02914), Brian Moy, 75 Cushing Road, Westwood, MA 02090.
Motion___By___2nd___
Botelho___Britto ___Faria___Sousa___Briden__
A. City Managers Report (by City Manager Timothy Chapman)
1. March 13 Snowstorm
Reports of Other City Officials
1. Claims Committee Report (by City Solicitor Gregory Dias)
Motion___By___2nd___
Botelho___Britto ___Faria___Sousa___Briden__
B. Report of School Committee Liaison
C. Resolutions
(Amendment to Resolution No. 30, Adopted November 1, 2016)
1. RESOLUTION ESTABLISHING THE CITY OF EAST PROVIDENCE VETERANS ADVISORY COMMITTEE
WHEREAS, the City Council of the City of East Providence is desirous of forming an advisory committee to assist and inform veterans of armed services of the United States; and
WHEREAS, the City of East Providence has many organizations, groups and families of veterans who are active in veterans affairs; and
WHEREAS, advisory matters would include promoting veterans rights, arranging for appropriate ceremonies honoring veterans on holidays or otherwise, helping unify veterans groups, keeping the City Council informed of problems and/or issues affecting veterans, and support the needs of veterans; and
WHEREAS, the City of East Providence is interested in assisting these individuals and groups by forming this advisory committee.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of East Providence hereby establishes the Veterans Advisory Committee (VAC) to be chaired by members from veteran groups in the City to be appointed by each City Council member consist of five (5) U.S. Military Veterans and no more than three (3) civilians experienced in Veterans Affairs to advise and assist in Veteran activities throughout the City of East Providence and to advise and assist the City Council in promoting events and assisting Veterans. U.S. Military shall be defined as the U.S. Army, U.S. Marine Corps, U.S. Navy, U.S. Air Force, and U.S. Coast Guard. Veteran shall be defined as one who has completed their initial term of service in one of the aforementioned services and received an Honorable Discharge. The existing VAC shall vet potential new members who meet the aforementioned criteria and make a recommendation to the Mayor for appointment. The Committee will establish such rules, regulations and procedures as it may deem necessary to fulfill its mission and to report to the City Council the status of its activities at such times as the City Council and Committee may deem necessary and expedient.
Requested by: Mayor Briden
Motion___By___2nd___
Botelho___Britto ___Faria___Sousa___Briden__
2. RESOLUTION IN SUPPORT OF INSTALLING SOLAR OPERATED “FLASHING PEDESTRIAN CROSSING SIGNS”AT SCHOOL CROSSING ZONES AND HIGH TRAFFIC CROSSWALKS
WHEREAS, many busy school crossing zones and high traffic crosswalks in East Providence have very low lighting lamps and light posts during dusk through night hours; and
WHEREAS, solar “Flashing Pedestrian Crossing Signs” are used in areas where it is difficult to see pedestrians walking in crosswalks and busy intersections; and
WHEREAS, installing solar “Flashing Pedestrian Crossing Signs” would make these areas safer and allow pedestrians to feel safe when walking in crosswalks and busy intersections; and
WHEREAS, there are school crossing zones and high traffic areas on state roads and state assistance is needed installing “Flashing Pedestrian Crossing Signs”; and
WHEREAS, there are school crossing zones and high traffic areas on state roads and the installation of LED lights in these areas would increase needed lighting and better serve public safety and minimize the risk of accidents involving vehicles and pedestrians; and
WHEREAS, installing solar “Flashing Pedestrian Crossing Signs” and LED lighting would further minimize the risk of an accident involving a vehicle and a pedestrian and will promote public safety.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of East Providence hereby supports the installation of solar operated “Flashing Pedestrian Crossing Signs” at school crossing zones and high traffic crosswalks and hereby request state assistance with the installation of said LED lighting and solar “Flashing Pedestrian Crossing Signs” on state roads in East Providence.
Requested by: Councilwoman Sousa
Motion___By___2nd___
Botelho___Britto ___Faria___Sousa___Briden__
D. Introduction to Ordinances
1. AN ORDINANCE IN AMENDMENT OF CHAPTER OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “ADMINISTRATION”
SECTION I. Division 9 entitled “Housing Advisory Commission” of Article III entitled “Boards, Committees, Commissions” of Chapter 2 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Administration” is amended by deleting it in its entirety:
DIVISION 9. HOUSING ADVISORY COMMISSION
Sec. 2-184. Purpose.
A housing advisory commission, (the commission) is hereby created as an advisory commission to the city council and city manager for the purposes of overseeing the implementation of the city's housing action plan (the plan), providing information and advice on all aspects of the housing market that affect the quality of life and housing choices of city residents, and of making recommendations for city participation in the housing field including such areas as:
(1) Housing market and conditions;
(2) Housing supply and need;
(3) Housing affordability;
(4) Housing policies;
(5) Housing programs;
(6) Housing education.
Sec. 2-185. Membership.
The commission shall consist of seven people, the majority of whom shall be residents of the city, but may include individuals who work in the city, and include representatives from the following housing interest groups: Bankers/realtors; social service providers; clergy; labor; employers; builders/developers; and tenants. One member shall be the executive/director of the city housing authority or his designee. The other six members shall be appointments by each of the five city councilmembers and the city manager. The city council and the planning board shall, from their own membership, appoint a liaison to the commission who shall serve in an ex officio capacity.
Sec. 2-186. Compensation; terms and vacancies.
Members of the commission shall serve without compensation. The commission members shall serve terms of three years each provided that the members first appointed shall serve staggered terms. Vacancies caused by resignation, death or for any other reason shall be filled in the same manner set forth for the selection of the initial appointments, and for the unexpired term of the resignee.
Sec. 2-187. Organization; officers; rules; meetings.
(a) The commission shall meet at regular intervals throughout the year, but shall meet at least three times per year, and often enough to prepare timely recommendations on housing issues before the city council and other city boards.
(b) All meetings of the commission shall be open to the public, and any person or his duly constituted representative, shall be entitled to appear and be heard on any matter before the commission before it reaches final decision on such matter.
(c) The commission shall meet in January of each year to organize and elect a chair, vice-chair, and secretary by a majority vote for a one-year term.
(d) The secretary of the commission shall keep minutes of its meetings which shall be public records.
(e) The city manager may designate one or more employees of the city to assist the commission.
(f) City officials and boards or commissions, shall upon request furnish to the commission within a reasonable time, such available information as it may require for its works.
(g) A quorum of the commission shall consist of four voting members.
Sec. 2-188. Duties.
(a) Housing action plan. The commission shall oversee implementation of the housing action plan (the plan) as approved by the planning board and adopted by the city council. The commission shall study and make recommendations to the city council on specific actions the city should take, in order to carry out the plan in a consistent and properly coordinated manner. The commission will work with the housing coordinator, planning board, zoning board of review and other city agencies to assure consistency with the plan, but will make independent recommendations to the city council on actions that have bearing on the goals set out in the plan. Working with the planning board, department of planning, and city housing authority, the commission shall conduct a yearly review and make recommendations to keep the plan current. This review will include a report to the planning board and city council on the city's progress working towards the stated goals and objectives of the plan and recommendations for any needed amendments to the housing action plan.
(b) Education. The commission, working with the department of planning and city planning board, shall perform tasks that serve to educate the public about the citywide housing agenda including the goals and objectives of the plan. This may include sponsoring workshops with real estate professionals, presentations to civic groups, and other educational activities which are relevant to the goals of the plan. The commission shall be involved in generating public support and understanding of programs or projects the city undertakes to implement the plan.
(c) Outreach. The commission shall work with the department of planning, planning board, and city council to establish a strong working relationship with state housing mortgage finance corporation and other agencies in the housing field such as United States Department of Housing and Urban Development and the state office of intergovernmental relations. The commission shall work with neighboring communities to promote regional solutions to housing problems that extend beyond the geographic boundaries of the city, including fair share and fair housing policies, and to promote areas where cooperative efforts will benefit city residents.
(d) Coordination with other city boards and agencies. The commission shall have the opportunity to review and make recommendations, based on the goals of the plan on the following and on any issues which are pertinent to the goals of the plan:
(1) Disposition of city-owned land.
(2) Preliminary subdivision, planned unit developments, cluster applications, and other zoning issues.
(3) Requests for zoning changes.
(e) Other responsibilities. The commission shall perform other duties and tasks as requested by the city council or city manager.
SECTION II. This ordinance shall take effect upon its second passage and all ordinances or parts of ordinances inconsistent herewith are hereby repealed.
Requested By: Councilman Faria
Motion___By___2nd___
Botelho___Britto ___Faria___Sousa___Briden__
2. AN ORDINANCE IN AMENDMENT OF CHAPTER 2 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “ADMINISTRATION”
SECTION I. Division 11 entitled “Senior Citizens’ Advisory Board” of Article III entitled “Boards, Committees, Commissions” of Chapter 2 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Administration” is amended to read as follows:
DIVISION 11. SENIOR AND DISABLED CITIZENS' ADVISORY BOARD COMMITTEE
Sec. 2-196. Creation.
There is hereby created the senior and disabled citizens' advisory board committee. The board committee shall consist of 34 17 members including the chair. There shall be no upper or lower limit on the ages of persons who can serve on the board. The membership of the board shall be limited to residents at or over the age of sixty-five (65) years old at the time of their appointment or to residents with a disability. A quorum shall consist of a majority of appointed voting members.
Sec. 2-197. Appointment and terms.
Members shall serve for three-year terms, provided that the first members shall be appointed as follows: 15 for three-year terms, 11 for two-year terms, and eight for one-year terms. The four members of the city council who are elected by ward shall each appoint three qualified electors of the city from their ward to the senior citizens' advisory board, one who shall be a senior citizen and one who shall be a nonsenior citizen and at least one who does not reside in any of the facilities listed below; the remaining at-large member of the city council shall appoint three qualified electors of the city to the senior citizens' advisory board, one who shall be a senior citizen and one who shall be a nonsenior citizen and at least one who does not reside in any of the facilities listed below. Such appointments shall be for an initial term of three years. The residents of each of the following facilities shall by majority vote appoint a qualified elector of the city from each of the following elderly housing facilities: City View Manor, Goldsmith Manor, Harbor View, United Methodist Retirement Center, Taunton Plaza, Rumford Towers I, Rumford Towers II, Redfern Grove Apartments, Riverside House, Parkway Towers, Cresent View Manor, such appointment shall be for an initial term of two years; five from the council of the elderly of the city; one from Self-Help, Inc.; one from East Bay Geriatric Center and one from the American Association of Retired Persons. Such appointments shall be for an initial term of one year.
(a) Each member of the city council shall appoint, with council approval, from among their electors, two (2) members to serve for a term of two years, commencing the first day of March of each odd numbered year and ending the last day of February two years hence; of these two appointments each, one shall be a senior citizen and the other shall be a disabled citizen. Notwithstanding the normal terms of office, council appointments made in 2018 shall expire on February 28th, 2021.
(b) Effective the first day of March, 2020, the mayor shall appoint five (5) members, of which one must be from each ward of the city, for a term of two years commencing the first day of March of each even numbered year and ending the last day of February two years hence; of the five appointments three shall be senior citizens and two shall be disabled citizens.
(c) The two resident members of the housing authority commission shall serve as ex-officio voting members of the committee for the duration of their term on the housing authority. The housing authority members shall be allowed to serve even if they do not meet the definition of senior or disabled citizen.
(d) The chief executive officer of the city or a designee of the chief executive officer and the director of the senior center shall serve as ex-officio non-voting members and a member of the council shall be designated by the council to serve as an ad-hoc non-voting member.
(e) Notwithstanding the normal terms and appointments, each member of the city council, with council approval, shall appoint a third member in March of 2018 who shall serve until the last day of February 2020.
Sec. 2-198. Duties.
(a) The senior and disabled citizens' advisory board committee shall annually elect from among its members a chair, vice-chair and secretary for one year. The board shall study and recommend voluntary programs for senior citizens to protect themselves from going unnoticed in the event of a serious health problem, shall recommend programs for nutritional needs, shall recommend programs for social needs, and shall recommend such other programs as may in the judgement of the board be necessary or helpful to senior citizens.
(1) The chair shall preside over meetings of the committee, the vice-chair shall preside in the absence of the chair and in the case of the absence of both the chair and the vice-chair, the body shall elect an acting chair.
(2) The secretary shall maintain all records of the proceedings of the committee and make them accessible to officials and the public.
(3) The committee may set by-laws and rules of procedure for its own operation in compliance with this ordinance.
(b) The committee shall study and recommend voluntary programs for senior and disabled citizens to protect themselves from going unnoticed in the event of a serious health problem, shall recommend programs for nutritional needs, shall recommend programs for social needs, shall recommend ways that city government may be more responsive to senior and disabled needs and shall recommend such other programs as may in the judgement of the committee be necessary or helpful to senior and disabled citizens.
(b) (c) The senior and disabled citizens' advisory board committee shall also study and make recommendations to the mayor and city council regarding the need for and the feasibility of a citywide programs and offerings of the senior center to provide a centralized location for senior services.
(c) (d) The senior and disabled citizens' advisory board committee shall monitor federal and state programs for senior citizens and individuals with disabilities including any providing funds for senior and disabled citizen projects and the funding formulas established therefor; and shall keep the mayor and city council apprised of such programs as necessary. The senior and disabled citizens' advisory board committee may not interfere in any way with the administration of such programs or any other senior or disabled citizen programs administered by any other local, state of federal agency.
(e) The committee shall study, recommend and communicate ways that seniors and individuals with disabilities can stay active in the community.
(f) The committee shall study and survey the responsiveness and service level of the senior and disabled help line and other city aides to seniors and the disabled. Such results shall be reported to the mayor and city council.
(g) The committee shall work with senior center staff, information technology staff, city clerk’s office and other city staff and outside programs as required to reach out and communicate to the senior and disabled communities regarding resources available to seniors and the disabled. Communication methods include, but are not limited to; information via social media, the city webpage, community bulletin boards, print and other media. City staff shall render all reasonable assistance for this purpose.
Sec. 2-199. Senior citizens and disabled citizens.
The board shall make its own definition of a senior citizen, and may make different definitions for different recommended programs.
(a) The committee shall recognize anyone sixty-five years of age or older as a senior citizen. However the committee may set other target age ranges for recommended programs as it deems prudent.
(b) The committee shall recognize anyone as having a disability who shall meet the definition of disabled under the Americans with Disabilities Act.
Sec. 2-200. Action.
Programs recommended by the senior and disabled citizens' advisory board may be put into action by the board, upon approval by the city council mayor, by use of volunteers and donations. Programs requiring staff and expenditures of funds shall be put into effect if they are authorized by the mayor and city council.
SECTION II. This ordinance shall take effect upon its second passage and all ordinances or parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Councilman Faria
Motion___By___2nd___
Botelho___Britto ___Faria___Sousa___Briden__
3. AN ORDINANCE IN AMENDMENT OF CHAPTER 13 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “PUBLIC PLACES”
SECTION I. Article I entitled “In General” of Chapter 13 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Public Places” is amended by adding thereto the following:
Sec. 13-4. Smoking at public places.
(a) Since smoking is a public nuisance and dangerous to public health, it shall be unlawful for any person to smoke in any form or otherwise use tobacco products, including electronic cigarettes, in any public buildings, public parks or any other indoor or outdoor recreational areas or facilities owned by the City or leased by the City as lessee, and in all motor vehicles of any type or kind owned, rented, leased or used by the City or any of its departments, boards, or commissions.
(b) This excludes public sidewalks, streets and leased properties in which the City is the lessor. In all properties leased from the City, lessee must provide for a separate area for smokers apart from other patrons, if smoking is allowed. If a smoking area is provided, the lessee is responsible to clean up the area of all litter, cigarette butts, etc. at the end of the event.
A violation of the provisions of this section shall be considered a public nuisance. Any person violating the provisions of this section shall be subject to immediate ejection from the area, punished by a fine not exceeding $50.00, and required to perform up to twenty (20) hours of community service. Each violation of the provisions of this section shall constitute a separate offense.
SECTION II. This ordinance shall take effect upon its second passage and all ordinances or parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Councilwoman Sousa
Motion___By___2nd___
Botelho___Britto ___Faria___Sousa___Briden__
*If communications assistance is needed or any other accommodations to ensure equal participation please contact the City Clerk’s at 435-7590.