CITY OF EAST PROVIDENCE

RHODE ISLAND

JOURNAL 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

*** Note Assistant Mayor Britto 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.    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

 

II.                OPEN SESSION

 

III.             CALL TO ORDER

 

Mayor Briden calls the meeting to order at 7:49PM.

 

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

 

A motion to approve the consent calendar is made by Councilman Botelho, seconded by Councilwoman Sousa and on a roll call vote it is unanimous 4-0.

 

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.

 

A.    Dan Landry – Rumford Motor Inn

 

VII.          APPOINTMENTS

 

A.    Traffic Control (by Councilman Botelho)

Barbara Pray, 29 Buckthorne 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 4-0.

 

VIII.       COUNCIL MEMBERS

 

A.    Thank You and Farewell (by Councilman Botelho)

Councilman Botelho states this is a new generation of leadership to come to city.  He thanked everyone.  Mayor elect DaSilva and Nate will work on this issue as well as any outstanding constituent issues and people should feel comfortable these things will get addressed soon in the next term.  There are no new issues or policies taking place now and we should let them chop their own path for the next 4 years.  His wish is for them to succeed and this will most likely be the last meeting unless there is an emergency nature.  He thanks those who helped out and worked hard for Ward 3 and the people of city for placing their trust in him.

 

Mayor Briden commended the significant work he did relative to road improvements in East Providence and thinks about that first budget and that allocation of a half a million dollars now to a little under 3 million with the 10 million allocation for the future and sees the roads are significantly better in East Providence and this will continue over the next few years primarily due to his efforts. 

Councilman Botelho thanked the council for all the work on this.

 

B.     A Look Back 2016 (by Councilman Faria)

Councilman Faria notes that it has been an honor to serve.  He welcomes the change of government with open arms and he went to his father's retirement party and communicated many of his concerns to mayor elect DaSilva who is a close and personal friend of his family and he believes in him to move forward.  This form of government went as far as it could and one council person can't do anything alone he ran as a reformer and he lists the items he was able to accomplish and work on.

 

C.     Legal Outsourcing (by Councilman Faria)

Councilman Faria defers this item.

 

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

 

This council voted to allocate $24,000 specific to the project on Legion Way and the city manager said and Director Coutu acknowledged those funds and tat another $20,000 was needed and for him to find this which he did.  The area is still a disaster the handicap lifts still have not been done.  The company got a multi-million dollar contract and department heads are some of best and paid for what they are worth and he will continue on this item until his last day in office. 

 

E.     Update on LED Streetlights (by Councilman Faria)

 

It is very frustrating to him because the first resolution was in 2017.  The Assistant Solicitor stated it was phenomenal and the council voted unanimously to pass a bond.  Then in January Assistant Solicitor Conley raised legal concerns and they never saw the petition.  In October this council voted to purchase those lights through national grid and to the grid's credit they were right.   We are now waiting to finalize a contract and he can't understand why this is taking so long.  He calls every single day and wants to see the savings to the tax payers.  He calls Paul Luba to the podium.

 

Paul Luba states they had a meeting with Director Coutu, the city manager and himself with Seimans and they were asked to price out enhancing the streetlight program to parks and other public areas and to come up with a price for those additions.  It is conceivable that it may be not cost effective to enhance the lighting and do the controls.  They have not yet provided the estimate and they are still working on it as of this week.  Additionally Director Coutu has submitted two applications to national grid who has a retro fit in order to rebate for LED lighting.  He believes the rebate is 15 cents per kilowatt and another 10 cents by implementing the controls.  They price it out both ways and Seimans should come back with what the cost will be for the additional lights and then once they have all the information it's whether go with the original or enhance the lighting to parks and with the control feature. 

 

Councilman Faria notes he is working with Mr. Luba and Bob DaSilva this. 

 

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)

 

A motion to continue the license on a temporary basis until Assistant Mayor Britto can be present is made by Councilman Botelho, seconded by Councilwoman Sousa and on a roll call vote it is unanimous 4-0.

X.                NEW BUSINESS

 

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

 

1.   Chevron TIF Presentation

 

A presentation is provided.

 

2.   Bayside Agreement Buyout

 

This item is deferred.

 

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 Mayor Briden 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 – Absent, Councilman Faria – Absent, Councilwoman Sousa – Aye, Mayor Briden – Aye, the motion is approved 3-0.

 

                                    EAST PROVIDENCE CLAIMS COMMITTEE

                                              CLAIMS & LITIGATION REPORT

                           TUESDAY, NOVEMBER 20, 2018; 7:00 P.M.; ROOM 101

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

                                                                 NEW CLAIMS

 

CLARENCE BLAYDES                                                     $13,650.00 + Undetermined Medicals

RM No. 18-108, Claim No. 18-067

 

Claim for property damage and personal injury sustained as a result of an accident with a police 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		√	√

 

ELIZABETH BLAYDES                                                     $13,650.00 + Undetermined Medicals

RM No. 18-108, Claim No. 18-065

 

Claim for property damage and personal injury sustained as a result of an accident with a police 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		√	√

 

Councilman Faria arrives at the meeting.

 

 

STEVEN JEZIERNY                                                                                                        $1,947.53

RM No. 18-168, Claim No. 18-114

 

Claim for property damage sustained when a tree limb from a City tree fell on the claimant’s vehicle.  See recommendation of the Director of Public Works.

 

Motion by:  Councilman Botelho                   Seconded by:  Councilwoman Sousa

 

Motion:  Deny the claim.

 

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

 

SEWER CHARGE ABATEMENTS

 

MARY-PEG ANDRADE                                                                                                       $29.53

 

Request for a sewer charge abatement for the property located at 26 Mayflower Street in accordance with City Ordinance Sec. 17-183(g).

 

Motion by:  Councilman Faria                        Seconded by:  Councilman Botelho

 

Motion:  Approve the sewer charge abatement in the amount of $29.53.

 

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

 

FREDSON DACRUZ                                                                                                            $44.03

 

Request for a sewer charge abatement for the property located at 25 Blanche Avenue 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 $44.03.

 

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

 

CAYLA MACKEY                                                                                                              $326.71

 

Request for a sewer charge abatement for the property located at 38 Lakeside 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 $326.71.

 

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

 

GREGORY PAUL                                                                                                               $285.95

 

Request for a sewer charge abatement for the property located at 5 Turner Avenue in accordance with City Ordinance Sec. 17-183(g).

 

Motion by:  Councilwoman Sousa                  Seconded by:  Councilman Faria

 

Motion:  Approve the sewer charge abatement in the amount of $285.95.

 

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

 

DAVID PONTE                                                                                                                      $23.57

 

Request for a sewer charge abatement for the property located at 232-234 Juniper Street in accordance with City Ordinance Sec. 17-183(g).

 

Motion by:  Councilwoman Sousa                  Seconded by:  Councilman Faria

 

Motion:  Approve the sewer charge abatement in the amount of $23.57.

 

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

 

JOSEPH SILVEIRA                                                                                                             $843.79

 

Request for a sewer charge abatement for the property located at 51 North Phillips Street in accordance with City Ordinance Sec. 17-183(g).

 

Motion by:  Councilwoman Sousa                  Seconded by:  Councilman Faria

 

Motion:  Approve the sewer charge abatement in the amount of $843.79.

 

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

 

PATRICIA WILSON                                                                                                           $676.62

 

Request for a sewer charge abatement for the property located at 45 Weeden Avenue in accordance with City Ordinance Sec. 17-183(g).

 

Motion by:  Councilwoman Sousa                  Seconded by:  Councilman Faria

 

Motion:  Approve the sewer charge abatement in the amount of $676.62.

 

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

 

 

A motion is made by Councilman Botelho, seconded by Councilwoman Sousa to adjourn at 7:38 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 Faria, seconded by Councilwoman Sousa and on a roll call vote it is unanimous 4-0.

 

It is reported that a motion was made to seal the minutes of Executive Session and it was unanimous 3-0.

 

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

93 Cedar Avenue

This item was deferred.

 

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 is made by Councilwoman Sousa, seconded by Councilman Faria and it is unanimous 4-0.

 

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

 

Solicitor Dias notes that one deals with the date of the inauguration and that in certain sections they were still addressing December when it should be January.

 

A motion to approve the resolution is made by Councilwoman Sousa, seconded by Councilman Faria and on a roll call vote it is unanimous 4-0.

 

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 is made by Councilwoman Sousa, seconded by Councilman Faria and on a roll call vote it is unanimous 4-0.

 

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

 

Councilwoman Sousa states this is to attract new developers to the city.  When comparing with neighboring cities and states East Providence was not as competitive.  This is an effort to remedy that. 

 

Mayor Briden calls Director Moore to the podium and asks for his thoughts on if this should happen now or in 2019.

 

Director Moore states it could be done in 2019.  It is a reval year so they do not send the bills out until May.  This was discussed 4 years ago.

 

Councilwoman Sousa states they made progress 2 years ago with the $5,000 and this is the next step. 

 

Mayor Briden notes the $5,000 exemption goes back to 2014 and it's been 4 years and this could be implemented by the next administration with their analysis and overall strategy and it does shift the impact to a degree. 

 

Councilman Botelho notes they would be just taking it and moving it somewhere else as someone who has been selling real estate for years this city is thick with all the exemptions he has to explain to people.  He understands what they are trying to do but instead of just add another exemption they should look at the whole thing.

 

Councilwoman Sousa states that businesses get hit the hardest and the city ends up with empty store fronts.

 

Councilman Botelho states that this just redistributes the tax to the residents and it's arguing nickels and pennies.

 

City Assessor Steve Hazard is called to the podium and notes that it's a half million in total and it would affect the residential rate by about $20 dollars and the commercial rate by about $40.  In order to take the 2 percent and increase the exemption from 5% to 10% they can do it up until the time they certify which would be May.

Councilman Botelho states that he gives her a lot of credit that she wants to tackle this but the landlord who gets whacked then raises the rents.

 

Mayor Briden requests that she put this down in January with the new council and mayor.

 

Councilwoman Sousa notes she will do this and plans to fight for this.

 

Councilman Botelho adds that early in the spring they will receive the forecast from Paul Luba and can incorporate it in the tax policy if they want he just doesn't want to see it backfire. 

 

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 is made by Councilwoman Sousa, seconded by Councilman Botelho and on a roll call vote it is unanimous 4-0.

 

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

 

Councilwoman Sousa notes this is environmentally conscience and that more east bay communities are doing this.  The Governor put this out in the spring of 2018 and has a task force to address the need.  Plastic bags have a devastating effect and this bans the flimsy ones.  The last time businesses were reached out to and understood and now have offered customers alternatives with reusable bags and also some provisions to provide a place to recycle which is federally mandated.  It is a low cost and stores don't even have provide the customer with bags they can bring their own.  The old lady bags end up on the waterfront and beaches and during earth day clean ups plastic comes washing up on the beaches, streams and brooks.

 

Mayor Briden asks if the East Providence Chamber of Commerce weighed in last time. 

 

Councilman Botelho notes that he is concerned about the timing and the holiday season and not having adequate input from the business community.  The timing is a concern. 

 

Councilwoman Sousa notes the item is first passage and second passage would provide a public hearing and it wouldn't take effect immediately. 

 

Mayor Briden notes that he is concerned there are 5 people in the audience and all are employed by the city. 

 

Councilman Botelho notes these bags are a concern and that last time even his wife gave him heck for it  is and the issue for sea life Isi real and he thinks that as indicated in his earlier statements it's late in the term to be initiating a policy like this even though he would probably be in favor.

 

Councilwoman Sousa expresses frustration that her colleagues don't want to enact anything.

 

Councilman Botelho notes this is how he felt with the sewer use fee but it is the nature of this council which is at the end of its term.

 

Mayor Briden notes that this is a good thing to be concerned about but he wants to see it get the proper vetting and they have perhaps one meeting left and they will not get sufficient public feedback and that the next meeting may have a similarly low turnout and they don't have a sense of how it impacts the small business community or the chamber of commerce's opinions.  He does think it's a good concept. 

 

Councilwoman Sousa states she will bring this back up with the next council.

 

Councilman Faria notes that he also wanted to get to the sewer fee and was hoping they would be able to collectively arrive at something however they got more done than some other councils and adds that the water ordinance took 5-6 drafts for example.

 

XI.             ADJOURNMENT

 

A motion to Adjourn at 9:35PM is made by Councilwoman Sousa, seconded by Councilman Faria and on a roll call vote it is unanimous. 

 

Attest:  _______________

            City Clerk