Date Posted:  November 16, 2018

 

CITY OF EAST PROVIDENCE

RHODE ISLAND

DOCKET OF REGULAR COUNCIL MEETING

November 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

 

I.                   EXECUTIVE SESSION

 

The City Council of the City of East Providence may meet in Executive Session pursuant to RI General Laws § 42-46-5 (a)(2).

 

A.    New Claims

1.      Clarence Blaydes

2.      Elizabeth Blaydes

3.      Steven Jezierny

 

B.     Sewer Charge Abatements

1.      Mary-Peg Andrade

2.      Fredson DaCruz

3.      Cayla Mackey

4.      Gregory Paul

5.      David Ponte

6.      Joseph Silveira

7.      Patricia Wilson

 

C.    Litigation

1.   Brian Faria vs East Providence City Council

C.A. No. PC-2018-4406

Status Report and Vote

 

Motion___By___2^nd___

Botelho___Britto ___Faria___Sousa___Briden__

 

II.                OPEN SESSION

 

III.             CALL TO ORDER

 

IV.             SALUTE TO THE FLAG

 

V.                TO APPROVE THE CONSENT CALENDAR

 

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.      CRMC Semi Monthly Meeting Agenda

 

B.     Cancellation/Abatements

Year	Amount
2018	$2,779.57
Total	$2,779.57

 

C.    Council Journals

1.   Council Journal Executive Session October 16, 2018

2.   Council Journal Regular Meeting November 7, 2018

 

Motion___By___2^nd___

Botelho___Britto ___Faria___Sousa___Briden__

 

VI.             PUBLIC COMMENT

 

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.

 

VII.          APPOINTMENTS

 

A.    Traffic Control (by Councilman Botelho)

Barbara Pray, 29 Buckthorne Avenue (02915)

 

Motion___By___2^nd___

Botelho___Britto ___Faria___Sousa___Briden__

 

VIII.       COUNCIL MEMBERS

 

A.    Thank You and Farewell (by Councilman Botelho)

B.     A Look Back 2016 (by Councilman Faria)

C.     Legal Outsourcing (by Councilman Faria)

D.    Update on the Sidewalks on Legion Way (by Councilman Faria)

E.     Update on LED Streetlights (by Councilman Faria)

 

IX.             LICENSES NOT REQUIRING PUBLIC HEARING

 

A.    Motel License Renewal

Omsairam LLC DBA Rumford Motor Inn, 400 Newport Avenue, Natvar J. Patel, 400 Newport Avenue (02916)

 

Motion___By___2^nd___

Botelho___Britto ___Faria___Sousa___Briden__

 

X.                NEW BUSINESS

 

A.    City Managers Report  (by Acting City Manager Christopher J. Parella )

 

1.   Chevron TIF Presentation

 

2.   Bayside Agreement Buyout

 

Motion___By___2^nd___        

Botelho___Britto ___Faria___Sousa___Briden__

 

B.     Reports of Other City Officials

 

1.   Claims Committee Report (by City Solicitor Gregory Dias)

 

Motion___By___2^nd___

Botelho___Britto ___Faria___Sousa___Briden__

 

2.   Handicap Parking Sign (by Director of Public Works Stephen Coutu)

93 Cedar Avenue

 

Motion___By___2^nd___

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C.    Report of School Committee Liaison

 

D.    Resolutions

 

1. RESOLUTION REGARDING A SCRIVENER’S ERROR IN THE EAST PROVIDENCE CITY CHARTER

 

Motion to dispense with the reading of the resolution

 

WHEREAS, throughout the recent process which amended and the City Charter, including but not limited to the Charter Review Commission review, the East Providence City Council’s review, voter ratification, and Canvassing Authority review, many sections of the Charter were altered or otherwise codified; and

 

WHEREAS, scrivener’s errors are defined as typos or instances whereby superseding authority such as the Rhode Island Constitution or Supreme Court or some other state authority regarding elections, requires an amendment to the Charter in order for the Charter to be a legally supported and accurate document; and

 

WHEREAS, the correction of a scrivener’s error has no legal impact whatsoever on the interpretation of the Charter; and

 

WHEREAS, the City Solicitor’s office has discovered and identified a scrivener’s error in the Charter, said scrivener’s error is detailed below; and

 

WHEREFORE, the following is a scrivener’s error identified by the City Solicitor’s office:

 

·         §11-14 “Terms of office”

o   As recorded in the City of East Providence “ClerkBase” recitation of the Charter, §11-14 states:

 

“All elected and appointive officers elected or appointed for a definite term, shall enter upon their term of office upon the first Tuesday after the first Monday in December next following a City of East Providence general election, or as soon thereafter as may be, and shall serve until their successors are elected and qualified.” (emphasis added)

 

o   During the referendum on the proposed Charter Amendments, Ballot Question 3, “Mayor Amendments” clearly stated that an affirmative vote would be, in pertinent part:

 

“Establishing that the Mayor, City Council, and School Committee each be inaugurated on the first Tuesday after the first Monday in January following a general election.” (emphasis added)

 

o   Charter §2.7 was appropriately amended to effectuate the approved ballot language as:

 

The first meeting of a newly elected Council shall be held on the first Tuesday after the first Monday in January following a City general election. (emphasis added)

 

o   Charter §3.1 was appropriately amended to effectuate the approved ballot language as:

 

There shall be a Mayor who shall be elected at the City general election for a term of four (4) years and until his or her successor is elected and qualified. The term of the Mayor shall begin on the first Tuesday after the first Monday in January following said general election.  (emphasis added)

 

WHEREFORE, the City Council hereby finds that codifying the Charter to correct for this scrivener’s error by replacing the word “December” in Charter §11-14 with the word “January” will have no legal impact on the Charter because of the superseding authority of the ballot question passed by the qualified electors of the City of East Providence requires the Charter to be updated accordingly; and

 

WHEREFORE, if any Court or Quasi-Judicial body with competent legal authority and jurisdiction finds that any of said scrivener’s errors does somehow impact the interpretation of the Charter or otherwise does not accurately reflect superseding authority, said scrivener error corrections shall be void ab initio; and

 

NOW, THEREFORE, BE IT RESOLVED that this proposed correction to a scrivener’s error within the Charter be codified as follows:

 

§11-14 “Terms of office”

All elected and appointive officers elected or appointed for a definite term, shall enter upon their term of office upon the first Tuesday after the first Monday in December January next following a City of East Providence general election, or as soon thereafter as may be, and shall serve until their successors are elected and qualified.” (emphasis added)

 

Requested by:  Law Department

 

Motion___By___2^nd___

Botelho___Britto ___Faria___Sousa___Briden__

 

2. RESOLUTION SUPPORTING AN INCREASE OF TANGIBLE PROPERTY EXEMPTION FROM $5,000 TO $10,000 AND THE EQUIVALENT CHANGE OF ALL OTHER EXEMPTIONS TO APPROXIMATE THE PRE-REVALUATION TAX DOLLAR SAVINGS AND THE ADJUSTMENT OF TAX RATES

 

Motion to dispense with the reading of the resolution

 

WHEREAS, the City wishes to become more competitive in attracting economic development; and

 

WHEREAS, the City is completing a revaluation as of December 3, 2018; and

 

WHEREAS, Rhode Island General Law §44-5-11.8 allows for classification of tax rates as described in East Providence City Ordinance Sec. 16-94; and

 

WHEREAS, Rhode Island General Law §44-5-11.6 enables municipalities to adjust the tax rate percentages only during a revaluation year.

 

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of East Providence hereby supports an increase of the tangible property exemption from $5,000 assessment to $10,000 assessment and that the tangible rate be adjusted downward by two percent (2%) with the ensuing tax loss from the above equally split between residential and commercial rates and that all other exemption amounts be adjusted by the Tax Assessor to reflect a change in rates caused by the 2018 revaluation so that the tax dollar amount of the exemption remains approximately the same as before the revaluation.

 

Requested by:  Councilwoman Sousa

 

Motion___By___2^nd___

Botelho___Britto ___Faria___Sousa___Briden__

 

E.     Introduction of Ordinances

 

1. AN ORDINANCE IN AMENDMENT OF CHAPTER 7 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “HEALTH AND SANITATION”

 

Motion to dispense with the reading of the ordinance

 

SECTION I.  Chapter 7 of the Revised Ordinances of the City of East Providence, Rhode Island 1998, as amended, entitled “Health and Sanitation” is amended by adding thereto the following:

 

Article IV.  Reusable Carryout Bag Initiative

 

Sec. 7-76.  Purpose.

The purpose of this section is to improve the environment in East Providence and the health, safety, and welfare of its residents by reducing the number of plastic and paper bags being used and by encouraging the use of reusable carryout bags and banning the use of plastic bags for retail checkout of goods.  Retail establishments are encouraged to make reusable carryout bags available for sale.

 

Sec. 7-77.  Definitions.

As used in this section, the following terms shall have the meanings indicated:

Carryout bag means a bag used by the customer at the point of sale for the purpose of removing products purchased from retail establishments.  “Carryout bag” does not include plastic barrier bags, double-opening plastic bags, or plastic bags measuring larger than 28 inches by 36 inches.

Double-opening plastic bag means any thin plastic bag with a double opening (top and bottom) to protect clothing or other items for transport.

Paper bag means a paper bag that is fully recyclable overall and contains a minimum of 40% post-consumer recycled content and contains no old growth fiber.

Plastic bag means a bag where any portion of the bag is made of plastic, including, but not limited to, those called “biodegradable, “compostable” or “oxo-biodegradable”.

Plastic barrier bag means any thin plastic bag with a single opening used to:

a.         Transport fruit, vegetables, nuts, grains, small hardware items, or other items selected by customers to the point of sale;

            b.         Contain or wrap fresh or frozen foods, meat, or fish, whether prepackaged or not;

c.         Contain or wrap flowers, potted plants, or other items where damage to a good or contamination of other goods placed together in the same bag may be a problem; or

d.         Contain unwrapped prepared foods or bakery goods.

Recyclable plastic means plastic that meets the current Rhode Island Resource Recovery Corporation’s standards.

Retail sales establishment means any enterprise whereby the sale or transfer to a customer of goods in exchange for payment occurring in retail stores, farmers’ markets, fleamarkets and restaurants.  This does not include sales of goods at yard sales, tag sales, other sales by residents at their homes and sales by nonprofit organizaitons.

Reusable carryout bag means a bag with handles which are stitched and not heat-fused that is specifically designed and manufactured for multiple reuse.  The bag must be made of washable cloth, other durable woven or nonwoven fabric, or durable plastic film that is recyclable plastic with a minimum thickness of four mils.

 

Sec. 7-78.  Regulations.

a.         Other than reusable carryout bags as provided in this section, no retail sales establishment shall make available any plastic carryout bags (either complementary or for a fee).

b.         All retail establishments that provide plastic produce, product, or double-opening bags must offer a recycling opportunity on site and must recycle any plastic collected in accordance with current laws.

c.         Nothing in this section shall preclude persons engaged in retail sales from making reusable carryout bags or paper bags available for sale to customers.

 

Sec. 7-79.  Enforcement; violations and penalties.

a.         This section shall be implemented, administered and enforced by the East Providence Police Department or any other City department or division designated by the Mayor.

b.         Upon being made aware of a potential violation of this section, the City of East Providence Police Department or other designee shall investigate and determine whether a violation has occurred.

c.         If the investigation confirms that a violation has occurred, then the East Providence Police Department or other designee shall give written notice to the owner of the property, the owner’s agent, or the person performing such violation that the violation is occurring and must stop.

d.         Such notice shall be in writing and may be served upon a person to whom it is directed, either by delivering it personally to him or her or by posting same upon a conspicuous portion of the property and sending a copy of same by certified mail to the person to whom the notice is directed.

e.         The owner, the owner’s agent, or the person performing the violation is responsible for confirming, in writing, that the violation has ceased to the East Providence Police Department or other designee within fourteen (14) days of receipt of the notice.

f.          A second violation after the fourteen (14) day response period of the first violation and within one year of receipt of the confirmation that the violation had ceased shall incur a penalty of $150.00.

g.         A third violation within one year of the second and any subsequent violations shall incur a penalty of $300.00.

h.         Each occurrence of a violation after the first, and each day that such violation continues, shall constitute a separate violation and may be cited as such.

 

Sec. 7-80.  Appeals.

Any violation charged under this section may be appealed, in writing, to the Mayor within fourteen (14) days of receipt of a written notice of violation.  The Mayor may waive the individual violation or the requirements of this section on showing of good cause or undue hardship.

 

SECTION II.  This ordinance shall take effect six (6) months after second passage and all ordinances or parts of ordinances inconsistent herewith are hereby repealed.

 

Requested by:  Councilwoman Sousa

 

Motion___By___2^nd___

Botelho___Britto ___Faria___Sousa___Briden__

 

XI.             ADJOURNMENT

Motion___By___2^nd___

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.