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.      Phil Cordeiro

2.      Donald Jordan

3.      David Margolis

B.     Pending Claims

1.      Church of the Epiphany

C.    Sewer Charge Abatements

1.      Robert Costa

2.      Kathryn A. Johnson

3.      Virginia A. Kanelos

4.      Stephen Kirsch

5.      Kathleen M. Macomber

6.      Saundra McMillan

7.      Deborah Phillips

8.      Charlene Vargas

D.    Litigation

1.   GeoNova Development Co., Inc. vs. City of East Providence

C.A. No. PB-09-5341

Status Update

2.   Brian Faria vs. East Providence City Council

City of East Providence/East Providence City Council vs. Brian Faria

C.A. No. PM-2018-4406

Status Update

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

VI.             COMMUNICATIONS

A.    Donald T. Cunard and Sherry A. Clarke, 3040 Pawtucket Avenue, Apartment 104-A requesting to address the Council regarding Cedarhurst Apartments - Bayview School – Bradley Children’s Hospital traffic issues, very dangerous area, speeding and running of stop signs. 

VII.          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.

VIII.       APPOINTMENTS

A.    Traffic Control (by Mayor Briden)

Carl Torres, 106 Beverly Road (02915)

Motion___By___2^nd___

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B.     Affirmative Action (by Councilwoman Sousa)

Janel Walker, 53 Outlook Avenue (02914)

Motion___By___2^nd___

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C.     Affirmative Action (by Councilman Botelho)

Haywood Ross, 81 Fairview Avenue (02914)

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D.    Affirmative Action Re-Appointment (by Mayor Briden)

Jerome Spinola, 200 East Shore Circle (02915)

Motion___By___2^nd___

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IX.             COUNCIL MEMBERS

A.    Update on Seimans Contract (LED Streetlights) (by Councilman Faria

B.     The Cost of Legal Outsourcing (by Councilman Faria)

C.     Taxpayer cost in outsourced legal fees to date to civilly sue Councilman Brian Faria (by Councilman Faria)

D.    City Email (by Councilman Faria)

E.     Constituent Issues (by Councilman Faria)

F.      Update State Street (by Councilwoman Sousa)

G.    Update on Peirce Field Score Board, Handicap Accessibility and Repairs (by Councilwoman Sousa)

X.                LICENSES REQUIRING PUBLIC HEARING

A.    B Full Priv Vict – Transfer

Transfer from William M. Lewis DBA Lucky’s Bar & Grille to WML Inc DBA Lucky’s Bar & Grille, 1175 Warren Avenue (02914), William Lewis, 112 Prescott Avenue (02915)

Motion___By___2^nd___

Botelho___Britto ___Faria___Sousa___Briden__

B.     Dance Entertainment – Transfer

XI.             LICENSES NOT REQUIRING PUBLIC HEARING

A.    Vict Over 50 - Transfer

Transfer from Willaim M. Lewis DBA Lucky’s Bar & Grille to WML Inc DBA Lucky’s Bar & Grille, 1175 Warren Avenue (02914), William Lewis, 112 Prescott Avenue (02915)

Motion___By___2^nd___

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B.     Holiday Sales

XII.          PUBLIC HEARING – ORDINANCES

AN ORDINANCE IN AMENDMENT OF CHAPTER 19 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND 1998, AS AMENDED, ENTITLED “ZONING”

SECTION I.  Sec. 19-489 entitled “Designation of historic districts” of Article X entitled “Historic Area Zoning” of Chapter 19 entitled “Zoning” is hereby amended to read as follows:

Sec. 19-489. Designation of historic districts.

For the purpose of this chapter, the historic district shall be map 505, block 1, parcel 1. Property owned by the city within the boundaries of the designated historic district shall not be exempt from the provisions of this chapter.

The following properties are deemed as historic districts:

Hunt’s Mills Historic District

Map 505, Block 1, Parcel 1

Rumford Historic District (to be protected solely by Section 19-493 entitled “Special criteria for demolition and removal”)

Map 404, Block 18, Parcel 21.2

Map 501, Block 1, Parcel 1

Map 504, Block 1, Parcels 2, 3, 4, 5, 7, 8, 18, 19, 20, 22, 32, 43, 44, 45, 55, 56, 63, 64, 68, 82, 83, 84 and 96

Map 504, Block 2, Parcels 1 and 7

Map 504, Block 4, Parcels 3 and 5

Map 504, Block 5, Parcels 1, 2, 3, 4, 5, 6, 7, 9, 11, 12 and 13

Map 504, Block 8, Parcel 2

Map 504, Block 9, Parcels 1, 2, 3, 4, 5 and 6

Map 504, Block 10, Parcel 1

Map 504, Block 11, Parcels 1, 2, 3, 4, 5, 6 and 7

Map 504, Block 12, Parcels 1, 2 and 3

Map 504, Block 13, Parcels 1, 2, 3, and 4

Map 504, Block 14, Parcels 1, 34, 35, 36, 37, 45 and 46

Map 504, Block 15, Parcels 1 and 2

Map 504, Block 16, Parcel 1

Map 604, Block 1, Parcels 33, 35 and 36

SECTION II.  Sec. 19-490 entitled “Historic district commission” of Article X entitled “Historic Area Zoning” of Chapter 19 entitled “Zoning” is hereby amended to read as follows:

Sec. 19-490. Historic district commission.

(a)    The commission shall consist of seven members who are residents of the city, five of which shall be appointed by the city council with one at the recommendation of each council member, the remaining two shall be appointed by the mayor, provided that the initial members serve staggered terms. Members should have a demonstrated interest in historic preservation, architectural history, planning, archaeology, historic construction, architecture, or local history. The city council shall have the right to name a council member as an auxiliary member of the commission, to sit as a non-voting eighth member of the commission. and the right to designate two ex-officio non-voting members that have a demonstrated interest in historic preservation, architectural history, planning, archaeology, historic construction, architecture, or local history.

(b)   Appointed members shall serve a period of three years and be eligible for reappointment. If a vacancy occurs on the commission, interim appointments of appointed members shall be made by the original appointing authority to complete the unexpired term of such position.

(c)    The commission shall organize annually by electing from its membership a chair, vice-chair, and secretary and may adopt rules of procedure deemed necessary in discharging its duties.

SECTION III.  This ordinance shall take effect upon passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.

Requested by:  Historic District Commission

Motion___By___2^nd___

Botelho___Britto ___Faria___Sousa___Briden__

XIII.       PUBLIC HEARING -  BUDGET FY 2018-2019

A.ORDINANCE OF THE COUNCIL OF THE CITY OF EAST PROVIDENCE APPROPRIATING $185,201,823 FOR THE SUPPORT OF THE CITY GOVERNMENT FOR THE FISCAL YEAR ENDING OCTOBER 31, 2019

SECTION I. The general fund receipts for the fiscal year ending October 31, 2019 have been established to amount to $185,201,823 made up as follows:

SECTION II.  To defray the expenses of the City of East Providence for the fiscal year commencing November 1, 2018 and ending October 31, 2019, the sum of  money, or so much thereof as are authorized by law indicated in the accompanying  schedule, are hereby appropriated for the objects and purposes, and in the amounts  expressed therein, provided that payments thereunder shall be subject to the provisions of the City Charter of the City of East Providence and also subject to the provisions of said City Charter relative to the manner and form of expenditures of money set forth in said Charter from the City Treasury.

SECTION III.  All monies appropriated are to be expended by the various departments in the manner and form approved by the Director of Finance.

SECTION IV.  The payment to the School Fund of the following estimated receipts, included in the appropriation of $85,021,107 for the support of the public schools for the City of East Providence fiscal year 2018-2019, shall be increased or decreased to conform to the actual amounts received from such sources during the fiscal year 2018-2019 except the appropriation of property tax.

SECTION V.  The purpose of this ordinance is to adopt the Budget for the fiscal year 2018-2019 which begins November 1, 2018 and ends October 31, 2019 as prepared and submitted by the City Manager, and to implement the recommendations as set forth in the City Manager's Budget Message by the approval of said recommendations as contained herein, or by other ordinances or resolutions of the Council of the City of East Providence; all in accordance with the provisions of said Article.

SECTION VI.  This ordinance shall take effect upon its passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.

Requested by:  Director of Finance

Motion___By___2^nd___

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XIV.       NEW BUSINESS

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

1.      Bid Award Fire Department Station 2 Bathroom – Marino Construction

Motion___By___2^nd___

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2.      Water Rate Presentation

B.     Reports of Other City Officials

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

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C.    Report of School Committee Liaison

D.    Resolutions

1. RESOLUTION ESTABLISHING THE DAY OF PORTUGAL COMMITTEE

WHEREAS, the Day of Portugal is a national holiday celebrated by the Portuguese nation every year on June 10^th and is officially known as “Dia de Portugal; and

WHEREAS, the date of June 10^th also celebrates the life of Luis Vaz de Camões, Portugal’s national poet, who wrote ‘Os Lusiadas,’ Portugal’s national epic poem celebrating the memorable 15^th century Portuguese historic achievements; and

WHEREAS, the Day of Portugal for the Portuguese people living abroad is the time to celebrate their heritage and ethnic pride; and

WHEREAS, the first day of Portugal was proclaimed in Rhode Island in 1958 by R.I. Governor Dennis J. Roberts in testimony of the importance of Portugal and its discoveries; and

WHEREAS, the City of East Providence wishes to continue to celebrate the contribution of the Portuguese people to the United States, the State of Rhode Island, and the City of East Providence.

WHEREAS, there are many residents of the City of East Providence of Portuguese decent who are willing to volunteer their time, energy and funds to assist in continuing the tradition in the city of East Providence in celebrating the Day of Portugal.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of East Providence hereby establishes a Day of Portugal Committee to be chaired by Anna Sousa, presently the Ward II City Council member and consisting of ten (10) volunteers.  The annual event will be done in partnership with the Rhode Island Day of Portugal non-profit organization.  The East Providence Day of Portugal Committee shall seek private and corporate sponsorship/donations to be used in a manner approved by the City Council each year to continue the tradition of this celebration in the City of East Providence.

Requested by:  Councilwoman Sousa

Motion___By___2^nd___

Botelho___Britto ___Faria___Sousa___Briden__

E.     Introduction to Ordinances

1. 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.

(2)   The participant was not married at the time of retirement but had unmarried child/children under the age 18 including in utero at the date of retirement.  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

Motion___By___2^nd___

Botelho___Britto ___Faria___Sousa___Briden__

2. AN ORDINANCE IN AMENDMENT OF CHAPTER 8 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “LICENSES AND BUSINESS REGULATIONS”

SECTION I.  Section 8-5 entitled “Closing hours for businesses” of Article I entitled “In General” of Chapter 8 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Licenses and Business Regulations” is amended to read as follows:

Sec. 8-5. Closing hours for businesses.

(a)   Generally. No shop, store or other place of trade or entertainment in the city, with the exception of licensed taverns, pharmacies, victualing houses and bowling alleys, shall be kept open between 1:00 a.m. and 4:00 a.m. during the last six days of the week.

(b)   Victualing houses and bowling alleys; permit required for extension of closing hours. No licensed victualing house or bowling alley shall be kept open between 1:00 a.m. and 4:00 a.m. during the last six days of the week without first obtaining a special permit from the city council extending the closing hour beyond 1:00 a.m. Such special permit may be granted for a probationary period or with such conditions and terms as the city council may provide. The fee for such permit shall be $100.00 125.00.

(c)   Bowling alleys on Sunday. No bowling alley shall be licensed to operate on the first day of the week between 1:00 a.m. and 12:00 noon 1:00 p.m. of the first day, unless granted a special license pursuant to Sec. 8-66.

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___2^nd___

Botelho___Britto ___Faria___Sousa___Briden__

3. AN ORDINANCE IN AMENDMENT OF CHAPTER 8 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998,  AS AMENDED, ENTITLED “LICENSES AND BUSINESS REGULATIONS”

SECTION I.  Sec. 8-31 entitled “Sunday sales and holiday sales” of Article II entitled “Miscellaneous Business and Occupational Licenses and Permits” of Chapter 8 of the Revised Ordinances of the City of East Providence, Rhode Island 1998, as amended, entitled “Licenses and Business Regulations” is amended to read as follows:

Sec. 8-31. Sunday sales and holiday sales.

(a)   Sunday sales. No retail establishment Retail establishments possessing a class A license shall may sell alcoholic beverages prior to twelve noon (12:00 p.m.) from no earlier than ten o’clock (10:00) a.m. to no later than six o’clock (6:00) p.m. on Sundays or on Christmas Day, if Christmas shall occur on a Sunday, unless the following Monday is a holiday, in which event the holders may remain open no later than nine o’clock (9:00) p.m. the prior Sunday.

(b)   Holiday sales. No person or retail establishment shall engage in sale on a holiday unless said person or establishment has received approval by the city council and has obtained a license from the city clerk. No license shall be issued on December 25 of any year or on Thanksgiving Day except to those retail establishments provided for under Rhode Island law.

(c)   The fee for each holiday license shall be $100.00 125.00 paid to the city clerk upon obtaining the license.

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___2^nd___

Botelho___Britto ___Faria___Sousa___Briden__

4. ORDINANCE OF THE COUNCIL OF THE CITY OF EAST PROVIDENCE ORDERING THE ASSESSMENT AND COLLECTION OF PROPERTY TAX ON THE RATABLE REAL ESTATE, TANGIBLE PERSONAL PROPERTY, AND AN EXCISE TAX ON REGISTERED MOTER VEHICLES AND TRAILERS

THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:

SECTION I. That the Council of the City of the City of East Providence hereby orders the assessment and collection of a tax on ratable real estate, tangible personal property and an excise tax on registered motor vehicles and trailers in a sum not more than One Hundred One Million One Hundred Ten Thousand Eight Hundred and  Four ($101,110,804) dollars.  Said tax is for ordinary expenses, for the payment of interest and indebtedness, in whole or in part, of said city, and for other purposes authorized by law.

The Tax Assessor shall assess and apportion said tax on the inhabitants and ratable property of said city as of the 31st day of December, 2018 at twelve o'clock Eastern Standard Time, according to law, and shall on completion of said assessment, date and sign same and shall make out and certify to the Tax Collector of the City of East Providence, who is charged with the duties for the collection of taxes, on or before the 15th day of June, 2019 a complete list of the names of the persons taxed and of the total value of all the real estate and personal property assessed against each person, and also the amount of registered motor vehicles and trailers assessed against each person, and also the total amount assessed against each person on said real estate, personal estate and registered motor vehicles and trailers, opposite the name of the person or persons assessed. Upon receipt of the certified tax list by the Tax Collector, she shall proceed and collect said tax on the persons and estates liable thereof; said tax shall be due and payable on and between the 1st day of June 2019 and the 1st day of July, 2019 and provided further that if said tangible personal property, motor vehicle, and real estate taxes are paid in full on or before the 1st day of July, 2019, a discount of one and one half per centum (1.5%) of the total taxes on said tangible personal property, motor vehicles, and real estate shall be granted, and all taxes remaining unpaid on the 1st day of July, 2019 shall carry until collected a penalty at the rate of twelve per centum (12%) per annum from the 1st day of June, 2019 upon said unpaid tax, however, said taxes may be paid in four installments; the first installment of twenty-five per centum (25%) on or before the 1^st day of July, 2019, the second installment of twenty-five per centum (25%) on or before the 1st day of September, 2019, the third installment of twenty-five per centum (25%) on or before the 1st day of December, 2019 and the fourth installment of twenty-five per centum (25%) on or before the 1st day of March, 2020.

Each installment of taxes if paid on or before the last day of each installment period successively in order shall be free from any charge of interest.

If any succeeding installment of taxes is not paid by the last date of the respective unpaid balance period or periods as they occur, then the whole tax or remaining unpaid balance of the taxes as the case may be shall immediately become due and payable and carry until collected a penalty at the rate of twelve per centum, (12%) per annum.

SECTION ll. That any of said taxes not paid on or before the 1st day of March, 2020 shall forthwith be collected by levy upon the sale of real estate upon which it is assessed and by that or other due process of law in case of assessment upon personal property.

SECTION III.  This ordinance shall take effect upon its second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.

Requested by:  Director of Finance

Motion___By___2^nd___

Botelho___Britto ___Faria___Sousa___Briden__

5. AN ORDINANCE AUTHORIZING THE DIRECTOR OF FINANCE TO BORROW FUNDS IN ANTICIPATION OF TAXES

SECTION I. The Director of Finance is authorized to borrow during the fiscal year ending October 31, 2019 such sums of money in anticipation of the property taxes of the year as may be permitted by law for the purpose of meeting the current liabilities and expenses of the City and that the Director of Finance is authorized to issue the note or notes of the City therefore and to refund such note or notes and any tax anticipation notes of a prior year to the extent permitted by law.

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:  Director of Finance

Motion___By___2^nd___

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6. AN ORDINANCE AUTHORIZING THE DIRECTOR OF FINANCE TO BORROW FUNDS IN ANTICIPATION OF REVENUE

SECTION I. The Director of Finance is authorized to borrow during the fiscal year ending October 31, 2019 such sums of money in anticipation of the sewer use fee revenue of the year as may be permitted by law for the purpose of meeting the current liabilities and expenses of the City and that the Director of Finance is authorized to issue the note or notes of the City therefore and to refund such note or notes and any revenue anticipation notes of a prior year to the extent permitted by law.

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:  Director of Finance

Motion___By___2^nd___

Botelho___Britto ___Faria___Sousa___Briden__

7. AN ORDINANCE IN AMENDMENT OF CHAPTER 17 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “UTILITIES”

SECTION I.  Subsections (a), (b) and (c) of Section 17-183 entitled “Charges to be based upon water consumption; rate” of Chapter 17 of the ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Utilities” are amended to read as follows:

(a)   The sewer charge imposed in this section shall be based upon a fixed meter charge and the water consumption of the property served either by city water, their own private supplies or both, as measured on an approved type meter.

(b)   The fixed meter charge portion of the sewer charge shall be determined as follows:

Such fee shall be prorated quarterly or monthly for users of city water who are billed on a quarterly or monthly basis.

(c)   Effective November 1, 2011 2019, the water consumption portion of the sewer charge shall be at a rate of $7.78 $7.84 per 100 cubic feet of water used based upon average winter consumption. the actual quarterly or monthly meter reading of water consumption less an annual exemption of 3,500 cubic feet. Such exemption shall be prorated quarterly or monthly for users of city water who are billed on a quarterly or monthly basis.

Effective November 1, 2012, the rate per 100 cubic feet of water will increase to $8.64.

Effective November 1, 2013, the rate per 100 cubic feet of water will increase to $9.63.

Effective November 1, 2014, the rate per 100 cubic feet of water will increase to $10.74.

Effective November 1, 2020, the water consumption portion of the sewer charge shall be at a rate of $8.00 per 100 cubic feet of water used based upon average winter consumption.

Effective November 1, 2021, the water consumption portion of the sewer charge shall be at a rate of $8.15 per 100 cubic feet of water used based upon average winter consumption.

The fixed meter charge and water consumption rate portions of the sewer charge may be adjusted as early as November 1, 2013, pursuant to the findings of a new waste water rate study that the city will commission as expeditiously as possible, but no later than 30 days after the passage of this section; to analyze additional sewer charge distribution options, including, but not limited to, split sewer charge based on residential, commercial or industrial usage class. Such sewer charge adjustments shall only be made if the new sewer charge schedule retains coverage required by indentures.

Following each winter season, the average winter consumption for each customer shall be adjusted following an analysis of the monthly meter reading data.

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 Botelho

Motion___By___2^nd___

Botelho___Britto ___Faria___Sousa___Briden__

XV.          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.