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Date Posted: October 12, 2018
CITY OF EAST PROVIDENCE
RHODE ISLAND
DOCKET OF REGULAR COUNCIL MEETING
October 16, 2018
6:45 P.M.
Council Chambers, City Hall, 145 Taunton Avenue, East Providence, RI 02914
6:45 P.M. Council May Call An Executive Session, Room 101
7:30 P.M. Open 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)(5).
A. New Claims
1. Royce Roballo
2. Manuel Vera
B. Sewer Charge Abatements
1. Frederik Behr
2. Jennifer Clark
3. Brenda & Manuel Dias
4. Leonor Fontes
5. Ronald Travers
6. Daniel Waugh
C. Collective Bargaining
1. EPPMTEA Contract
D. Disposition of City Owned Property
1. Union Primary School
E. Litigation
1. GeoNova Development Co., Inc. vs. City of East Providence
C.A. No. PB-09-5341
Status Update
F. Church of the Epiphany – Memorandum of Understanding



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 Rule Making Aquidneck Island SAMP and Metro Bay SAMP.
B. Cancellation/Abatements
| Year | Amount |
| 2018 | $283.70 |
| | |
| Total | $283.70 |
C. Council Journals
1. Council Journal Regular Meeting October 2, 2018
Motion___By___2nd___
Botelho___Britto ___Faria___Sousa___Briden__

A. Fire Chief Oscar Elmasian requesting to address the Council regarding the East Providence Fire Department Local 850’s Annual Freaky 5K on October 21, 2018 at 10:00AM,
Station 3, 30 North Broadway, Rumford (02916).
Motion___By___2nd___
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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. East Providence Housing Authority Resident Commissioner Re-Appointment (by Mayor Briden)
Cynthia Faria, 184 Warren Avenue (02914)
Motion___By___2nd___
Botelho___Britto ___Faria___Sousa___Briden__

A. Current Budget-School Bond- 5 Year Tax Impact Scenarios (by Mayor Briden)
B. 2779 Pawtucket Avenue Update (by Councilman Botelho)
C. Culvert Project and 5 Year Invasive Species Clean-Up (by Councilwoman Sousa)
D. Net Metering Update (by Councilwoman Sousa)
E. Townie Pride Park Construction (by Councilwoman Sousa)

A. Annual Alcoholic Beverage Renewals
CLASS A (RETAILER)
Barrington Liquors, Inc.
618 Warren Avenue
Broadway Wine & Spirits, Inc.
dba Liquor Plus
1015 South Broadway
Clift’s Liquors, Inc.
191 Willett Avenue
Cozy Corporation
dba Brookfield Liquors
470 North Broadway
Marvic Enterprises, Inc.
dba Jordan’s Liquors
199 Taunton Avenue
McGreens Fine Wine & Spirits, Inc.
1086 Willett Avenue
Riverside Liquors, Inc.
225 Bullocks Point Avenue
Town Liquor Co., Inc.
dba Town Wine & Spirits
179 Newport Avenue
B-FULL PRIVILEGE (VICTUALING)
141 Corp.
dba Uncle Tony’s Pizza & Pasta
260 Newport Avenue
Avenue N Restaurant Group, LLC
dba Avenue N
20 Newman Avenue
Ban Chiang, Inc.
dba Pattaya Thai Cuisine
1050 Willett Avenue
BobJoe, LLC
dba The Huddle
478 Waterman Avenue
Broadway Lounge, Inc.
dba Merrill Lounge
535 North Broadway
Cape Verdean Progressive Center
329 Grosvenor Avenue
Centre Court Inc., The
dba The Loft
55 Hospital Road
Chelo’s of East Providence, Inc.
911 Warren Avenue
Chelo’s of Newport Avenue, Inc.
45D Newport Avenue
China Gourmet, Inc.
dba China Gourmet Restaurant
181 Willett Avenue
Davenport’s Bar & Grill, Inc.
dba Davenport’s Restaurant
1925 Pawtucket Avenue
DL Enterprises, Inc.
dba Field House Pub
305 Lyon Avenue
DMC Properties, LLC
Dba BLACK DUCK TAVERN
31 Warren Avenue
East Providence House of Pizza, LLC
187 Willett Avenue
East Providence Yacht Club, Inc.
9 Pier Road
El Azteca Mexican Restaurant, LLC
dba El Azteca Mexican Restaurant
335 Newport Avenue
Golden Dragon, LLC
dba Young China Restaurant
250 Warren Avenue
Hibachi Grill Supreme Buffet, Inc.
58 Newport Avenue
Holy Ghost Beneficial Brotherhood of Rhode Island
51 North Phillips Street
Holy Ghost Brotherhood of Charity
59 Brightridge Avenue
Ichigo Ichi, LLC
dba Ichigo Ichie
5 Catamore Boulevard
Lane Foods Company, LLC
dba Gregg’s Restaurant
1940 Pawtucket Avenue
Lee's Restaurant and Lounge, Inc.
dba Lees Restaurant and Lounge
376 Bullocks Point Avenue
Little Lucy’s Lunch, Inc.
dba Red Bridge Tavern
22 Waterman Avenue
Loggia Luce Moderna 1112
99 Hicks Street
Lucky’s American Bar & Grille, Inc.
1175 Warren Avenue
Milho, Albertino
dba Al's Place
28 Water Street
Milho, Albertino R.
dba Madeira Restaurant
288-290 Warren Avenue
Nulevel Entertainment, LLC
dba Comedy Connection
39 Warren Avenue
Our Place on North Broadway, LLC
525 North Broadway
P&G Bowling, Inc.
dba East Providence Lanes
80 Newport Avenue
Paiva’s Restaurant Corp.
dba O’Dinis Restaurant & Tavern
579 Warren Avenue
Pepper Dining, Inc.
dba Chili’s Grill & Bar
50 Highland Avenue
Portuguese American Athletic Club
281 Warren Avenue
Pub Ventures, Inc.
dba Mulhearn’s Pub
507 North Broadway
Riviera Inn Dining and Banquet Company
580 North Broadway
SAZ, Inc.
dba Town Pizza & Family Restaurant
949 Willett Avenue
Square One, LLC
dba Oxford Tavern
446 Waterman Avenue
Stevie DS Bar & Grille, LLC
dba Stevie D's Riverside Tavern
24 Monroe Avenue
T&T’S 133 Club, Inc.
dba 133 Club
29 Warren Avenue
Tasquinha Restaurant, Inc.
dba Tasquinha Restaurant
218 Warren Avenue
The 311 Holdings Corp.
dba Town Pub
311 Taunton Avenue
Tropical Ilhas, Inc.
472 Waterman Avenue
C (SALOON)
Churchill’s Smoke Shop & Lounge, LLC
899 Warren Avenue
Quattrucci, Carl & Arthur
dba Monforte’s Bar
493 Waterman Avenue
Waterfront Productions, LLC
4 Commercial Wharf
Newport, RI 02840
D-FULL PRIVILEGE
Agawam Hunt
15 Roger Williams Avenue
Columbus Club of Barrington
1 Viola Avenue
Columbus Club of East Providence
3200 Pawtucket Avenue
East Providence Athletic Club
118 Mauran Avenue
East Providence Lodge of Elks 2337
60 Berkeley Street
Holy Ghost Brotherhood Mariense
846 Broadway
Metacomet Country Club
500 Veterans Memorial Parkway
Riverside Post Holding Co., Inc.
830 Willett Avenue
Riverside Sportsmans Association
1 Sportsman Drive
Squantum Association
Squantum Club
947 Veterans Memorial Parkway
Teofilo Braga Club
26 Teofilo Braga Way
Trinity Brotherhood
146 Sutton Avenue
Wannamoisett Country Club
96 Hoyt Avenue
B-LIMITED (VICTUALING)
Boston House of Pizza, Inc.
540-542 Taunton Avenue
Chen, Yun Yan
dba Mei Sing Chinese Restaurant
2827 Pawtucket Avenue
Farnsworth Café, LLC
dba Farnsworth Cafe
302 Willett Avenue
Jeon, Il Sun
dba Sun & Moon Korean Restaurant
95 Warren Avenue
Jin Hua Chinese Restaurant, Inc.
dba New Buffet Restaurant
1925 Pawtucket Avenue
JPCT Sports, LLC
dba Tennis Rhode Island
70 Boyd Avenue
The Burrito Bowl, LLC
809 Broadway
Yama Fuji II, Inc.
dba Yama Fuji
1080 Willett Avenue
Motion___By___2nd___
Botelho___Britto ___Faria___Sousa___Briden__

A. Annual Renewal of Miscellaneous Licenses Authorization Granting to Renew Subject Licenses, Excluding Alcoholic Beverage Licenses, for Year Commencing December 1, 2018 Upon Application by Licensee and Approval by Chief of Police And, as Required, by Health Inspector and Other City Officials.
Motion___By___2nd___
Botelho___Britto ___Faria___Sousa___Briden__
B. Holiday Sales
CRMG East Providence DBA IHOP 3557, 75 Highland Avenue (02914), Karen Cardinal, 21 Cul de Sac Way, Portsmouth (02871)
Motion___By___2nd___
Botelho___Britto ___Faria___Sousa___Briden__
C. Vict Not More Than 25 - Transfer
Riverside Creamery, Inc. DBA Riverside Creamery, 447 Willett Avenue (02915), Transfer to Riverside Creamery LLC DBA Riverside Creamery, Dennis M. Hallam II, 2 Beacon Circle, Cranston (02910)
Motion___By___2nd___
Botelho___Britto ___Faria___Sousa___Briden__
D. Vict Not More Than 25
More! Foods, 63 Commerce Way (02914), Bonnie Hardy, 34 Robinhood Road, Winchester, MA (01890)
Motion___By___2nd___
Botelho___Britto ___Faria___Sousa___Briden__
E. Vict Not Over 50 – Transfer
Seven Stars Bakery LLC, 20 Newman Avenue, Suite 3001, (02916) transfer to BTP LLC DBA Seven Stars Bakery, Tracy Daugherty, 100 Adams Point Road, Barrington (02806)
Motion___By___2nd___
Botelho___Britto ___Faria___Sousa___Briden__

A. 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___2nd___
Botelho___Britto ___Faria___Sousa___Briden__
B. 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___2nd___
Botelho___Britto ___Faria___Sousa___Briden__
C. 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
SECTION I. Section 16-50 entitled “Assessment” of Article IV entitled “Property Tax on Ratable Real Estate and Tangible Personal Property and Excise Tax on Registered Motor Vehicles and Trailers” of Chapter 16 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Taxation” is amended to read as follows:
SECTION II. 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 1st 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 and shall include an additional seven calendar day grace period after the last due date of each installment.
If any succeeding installment of taxes is not paid by the last date of the respective unpaid balance period or periods as they occur and after the seven calendar day grace period, 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.
If any payment of taxes is made by check or electronic fund transfer (EFT) and said check is returned unpaid or said EFT is rejected and the city is assessed a fee from its bank for said bounced check/rejected EFT, a fee in the amount of $25.00 for a bounced check and a fee in the amount of $15.00 for a rejected EFT shall be due and owing by said taxpayer and said payment amount shall be added to the bill due and owing by the taxpayer.
SECTION lIl. 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 IV. 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___2nd___
Botelho___Britto ___Faria___Sousa___Briden__

A. ORDINANCE OF THE COUNCIL OF THE CITY OF EAST PROVIDENCE APPROPRIATING $185,801,658 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 $185,801,658 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___2nd___
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A. City Managers Report (by Acting City Manager Christopher J. Parella )
1. EPPMTEA Contract Approval
Motion___By___2nd___
Botelho___Britto ___Faria___Sousa___Briden__
2. TIF Modification for the Chevron Property
3. Bid Award Fire Department Station 2 Bathroom – Marino Construction
Motion___By___2nd___
Botelho___Britto ___Faria___Sousa___Briden__
4. Church of the Epiphany – Memorandum of Understanding
Motion___By___2nd___
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B. Reports of Other City Officials
1. Claims Committee Report (by City Solicitor Gregory Dias)
Motion___By___2nd___
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2. Handicap Parking (by Director of Public Works Steve Coutu)
144 North County Street
Motion___By___2nd___
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C. Report of School Committee Liaison
D. Resolutions
1. RESOLUTION ESTABLISHING THE DAY OF PORTUGAL COMMITTEE
Motion to dispense with the reading of the resolution
WHEREAS, the Day of Portugal is a national holiday celebrated by the Portuguese nation every year on June 10th and is officially known as “Dia de Portugal; and
WHEREAS, the date of June 10th 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 15th 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___2nd___
Botelho___Britto ___Faria___Sousa___Briden__
E. Introduction to Ordinances
1. 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”
Motion to dispense with the reading of the ordinance
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___2nd___
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”
Motion to dispense with the reading of the ordinance
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___2nd___
Botelho___Britto ___Faria___Sousa___Briden__
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.