CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
September 18, 2018
7:00 P.M.
Council Chambers, City Hall, 145 Taunton Avenue, East Providence, RI 02914
7:00 P.M. Council May Call An Executive Session, Room 101
7:30 P.M. Open Session
The City Council of the City of East Providence may meet in Executive Session pursuant to RI General Laws § 42-46-5 (a)(2).
A. Sewer Charge Abatements
1. Diane Feather
2. Michael Gagnon
3. Luis Maciel
4. Jerry Mischak & Wendy Edwards
5. Paul L. Robert
6. Edite M. Rodrigues
7. Nicole Spano
8. Sandra Tavares
9. Winchester Wood & Park LLC
B. Litigation
GeoNova Development Co., Inc. vs. City of East Providence
C.A. No. PB-09-5341
Discussion and Vote on Proposed Settlement
Mayor Briden calls the meeting to order at 7:45PM
A. Letters
1. CRMC Semi-Monthly Meeting September 11, 2018.
B. Cancellation/Abatements
| Year | Amount |
| 2018 | $2,182.44 |
| | |
| Total | $2,182.44 |
C. Alcoholic Beverage Class F
St. Martha’s Church, 2595 Pawtucket Avenue, Pasta Dinner/Talent Show, September 22, 2018, Rev. David E. Green.
D. Council Journals
1. Council Journal September 4, 2018
2. Council Journal Capital Budget Workshop August 29, 2018
A motion to approve the Consent Calendar is made by Assistant Mayor Britto, seconded by Councilman Botelho and on a roll call vote it is unanimous.
A. Presentation Recognizing Eileen Socha, former Director of Library Services – Councilwoman Sousa
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.
Mr. Cunard and Ms. Clarke are not present.
B. Gary Menissian, 98 James Street (02914) requesting to address the Council regarding East Bay Road Race on 8/11/19, race starts and finishes at Pierce Field
Mr. Menissian notes this is their 4th Annual race and that he has approval from EPPD Sgt. Andrews RI DEM Parks and RI DOT.
A motion to approve is made by Councilwoman Sousa, seconded by Assistant Mayor Britto and on a roll call vote it is unanimous.
A. Damian Ramos, 78 Vine Street (02914) – Basketball Court Renovations/Youth Practice Space
B. Robert Rodericks, 70 Plum Road (02915) – City Infrastructure Needs
C. Richard Coelho, 589 Victory Highway, West Greenwich – Closing Hours for Businesses/Laudromats
D. Tom Riley, 3620 Pawtucket Avenue (02915) – The Abuse of Power Ignorance vs Stupidity
IX. COUNCIL MEMBERS
A. Current Budget-School Bond-5 Year Tax Impact Scenarios (by Mayor Briden)
Mayor Briden defers this item.
B. Update on 2779 Pawtucket Avenue Demolition (by Councilman Botelho)
The City Manager reports the abatement plan under review at the RI Department of Health has been cleared and the property owner has hired a new vendor and as soon as the appeal is done the home owner can demolish.
Councilman Botelho asks that this item be continued to the next meeting for another update.
C. Update on Sewer Use Fee Overhaul Proposal (by Councilman Botelho)
Councilman Botelho calls Director Steve Coutu to the podium regarding updated figures to plug into the formula. Director Coutu notes that the consultant quickly put together some numbers which provide interesting data but does not fully meet the needs and that the city has internal questions and he would like to have the consultant attend a meeting and they can be available next meeting or they can provide the data requested.
Councilman Botelho states they have been through this exercise before so all they need would be updated figures so he will work on that between now and the next meeting. He adds that for those out there they need to put this issue into perspective for tax dollars. Tax increases for the average homeowner are approximately $100 and some people are paying $2000 a year in water/sewer. People understand that we really need to get this straightened out. The sewer figures are incorporated in the budget and he is not looking at any budget where this does not get fixed. It is just kicking the can down the road and supporting doing nothing. He explains to Director Coutu that they want to see a comparative analysis. He adds that his farther is 86 and he and his mother are on a fixed income. One thing they enjoy is their yard and he hears from him about this sewer use fee regularly because he cannot water his grass.
D. Update on Ordinance Request: Utility Responsibility Regarding Road Repair (by Councilman Botelho)
Councilman Botelho asks Solicitor Dias for an update and Solicitor Dias states that the city had passed a resolution in the middle of last year to the General Assembly relative to this matter and the language from this resolution came from the City of Cranston and it would enable cities and towns to require repairs to the road, to the curb, during utility repairs but this request did not go anywhere. There were a number of other cities and towns requesting this besides East Providence there was Cranston and Providence. In both cases, when the cities passed the ordinances National Grid brought the matter to the PUC and they ruled that cities and towns could not handle this by ordinance. There was an actual house bill to correct this but it went into further study.
Councilman Botelho states that maybe the new house speaker will address this. Solicitor Dias states that as a result of those petitions they did come up with agreements with those communities and Director Coutu also has one in a letter that they have agreed to as to what they will do. It is not to that level however.
Director Coutu explains the agreement is really a de facto standard with National Grid that when they are replacing aging gas lines they send a plan to the city and the city reviews the roads. If it is a road the city paved a year or two before and they had notice they have to pave curb to curb if not the cuts they make are along one side of curb are 2-3 feet wide. What they do is mill from the inner edge one foot beyond the trench back to the curb and the repair is 7-8 feet wide.
Councilman Botelho states they did work in Kent Heights and didn't do that but he was told they will fix it by October. Director Coutu responds that they have to do it within at least 90 days. After it has gone over a year it is incumbent upon the city to keep on top of it. National Grid did do that area this year and when they finalize those roads they make sure they get them all finished appropriately.
Councilman Botelho asks if they will be milled and paved. Director Coutu states they do it as quick as possible. Lynch paves but outsources the milling process. They mill more areas before the pavers can come in. They have a contract for 7 days. They do sidewalks and work in between and sometimes it goes longer. The city has asked them to stall milling until paving catches up.
Councilwoman Sousa asks if all the residents on James Street and Mary Street etc… they have been reaching out for quite a few weeks and there were pot holes prior to milling which are now worse and the man hole covers are a nuisance. Director Coutu states yes it makes travel difficult and is annoying. The contractor remains completely liable for any damages.
Assistant Mayor Britto notes that as much as he hates to say this some milling is an improvement because the roads were so bad.
E. Mayoral Debate Review (by Councilman Botelho)
Councilman Botelho states that he put this on the docket as he went to the debate at Martin Middle School and had a heck of a great time. It was democracy in action, watching the four individuals and knowing how hard it is to run for Mayor and watching what they get subjected to and what they do and how they answer questions as to their plans. The city is going to elect its first Chief Executive Office in quite a while. He wants to extend his utmost thanks to those who are running and to those who attended. There was quite a crowd there and he thanks The League of Women Voters. The crowd there illustrates that this change in government gets people involved. One of the people indicated that certain sections of Riverside never see the Ward 3 Councilman and that hurt his feelings as it's not true. Billy Smith told him the sewer plant doesn't smell anymore and that is a direct result of he and Councilman Faria working on that issue. He adds that he also tried to put a porta-john at Sabins Point but it kept getting knocked over. He has voted to appropriate money to kick off the Vamco lot and building project and he supported Councilman Faria on the school parking lot and paving. He understands its campaign season and he brought up the discussion on the sewer rate and the Suez contract 6 months ago when President Trump gave corporations a big tax break. Again that's not going to solve the problem the real issue is the sewer use fee. In Ward 3 the roads had not been done from Pawtucket Avenue to the Carousel and while the state is fixing Route 6 in Johnston anyone can tell most of that road is nowhere near as bad as Pawtucket Avenue and Bullocks Point Avenue. The idea that there is some formula the state planning board uses is bull. Waterfront development is not going to happen without them addressing this. Hopefully the mayor will use the influence to rally behind to get these projects done. Democracy in action is always beautiful to see.
Representative Faria states the sewer plant was a contentious issue for decades and he went down and monitored it with Councilman Botelho and they went to the State House in a blizzard for a meeting and brought that resolve by their third council meeting in office.
F. Purchase and Sale Agreement to Purchase All Street Lights from National Grid (by Councilman Faria)
Unanimous Consent is granted to move the City Manager item under the same title to this location on the docket.
Councilman Faria states this is an issue he has been championing for the last year or longer. He has been negotiating and the first purchase price was $300,000 they have held meetings with the city and national grid and this cost was reduced to $218,000. In October of 2017, they approved the first bond and the consultant gave a presentation. There is a net savings of $400,000 annually and those were conservative numbers. A couple of meetings ago Seimans came in and presented. Seimans can turn on all lights and just for safety purposes alone it would be a wash.
Mayor Briden asks if the council is ready to do this or do they need legal to go through the agreement.
Assistant Mayor Britto notes they did receive a memo this afternoon different then what they are hearing now and he would like legal counsel to advise going forward. All the other municipalities spend a dollar or a little more and they are spending the total amount of $200,000 plus.
Director Coutu is called to the podium. Assistant Mayor Britto raises some concerns about owning the pole vs the pole and the arm. Councilman Faria states it is same agreement as other communities. Assistant Mayor Britto states that at any point national grid could step in and say no. He asks Solicitor Dias to elaborate on the memo he sent. Solicitor Dias notes that Assistant Mayor Britto is correct the City Manager met with the Director of DPW and the Assistant Solicitor and it is the same contract for all cities and towns and will not change unless a petition is filed with the PUC.
City Manager Parella states that he cannot give legal advice but that Assistant Solicitor Conley can and in all things they have discussed but he is correct there is an attachment clause. They are telling you it's their pole but he can tell you Verizon signed this agreement and just about everyone does but it is something to consider. He doesn't have a problem moving forward he doesn't think it is going to be an issue from his conversations with The Grid because they are a public utility and the PUC regulates them so they have to use the same process for all the municipalities. He can't speak to what the Assistant Solicitor can. He adds that he has looked at the memo and discussed the agreement with Mr. Luba and Director Coutu and he still thinks it is worthy of pursuing even if they defer this and have to bring a contract back from Seimans. Once the city buys these they subject themselves to no longer being under the protection of the PUC. The next meeting he would have to bring this back for the Seimans contract portion and if council wants to take that time they certainly can.
Assistant Mayor Britto states he is not concerned with the savings that is obvious but he is more concerned about the legal aspect. The City Manager states he understands he just doesn't think it will be a problem. Assistant Mayor Britto adds but there is nothing in writing and they are only telling us what we cannot do.
Councilman Faria notes that Providence is the capital city and they spend $15 million and they signed this.
Assistant Mayor Britto states he understands it is a good program he is just questioning the legal aspect and he wants to make sure they dot all the I’s and cross all the T’s. There are just some unanswered questions and just because other communities did it doesn't mean its ok and won’t come back to them a few years later with issues. He also asks about items being linked to the pole such as traffic counts.
Acting City Manager Parella states that he asked National Grid about this too as he was concerned about police items not being allowed to be attached to poles. Technically, they could not attach though he doesn’t believe it would become an issue but as of right now it is not allowed.
Assistant Mayor Britto expresses concern over this.
Councilman Botelho states that he has read all seven items and that he feels comfortable and ready to vote.
Mayor Briden asks if they voted would this be held in escrow because it has to be done simultaneously.
Acting City Manager Parella states that is correct he will come back when the Seimans contract is ready. He wants to make sure the assistant solicitor takes a good look at it as well as purchasing. They will ask to take the money out for the purchase and from where the purchase will be made etc…Mayor Briden states then the motion, if there is one, would be that the Council approve entering into an agreement with National Grid provided they will soon thereafter enter into another agreement which is acceptable to the city with Seimans and holding it in escrow.
Councilman Botelho agrees but discusses that once they approve the city administration would review that. Mayor Briden states that this would be different as there is a distinction between the city administration doing a ministerial duty and what this is which is to hold it in escrow and the motion needs to be clear on that point. Councilman Botelho states that this is fair and offers this as a friendly amendment.
A motion to approve the Purchase and Sales up to $218,000 for existing lights as amended provided that the city is able to enter into a contract which is acceptable to the city with Seimans simultaneously is made by Councilman Faria, seconded by Councilwoman Sousa and on a roll call vote the motion passes 4-1 with Assistant Mayor Britto voting Nay and explaining that although he agrees it is a great program there are legal issues which he feels need to be addressed so that the city doesn’t face potential problems in the future and Mayor Briden voting Aye adding the statement that it must meet an acceptable to the city agreement with Seimans.
Councilwoman Sousa provides the suggestion that when the Seiman’s contract comes before the Council they can again link these two items.
G. City Email (by Councilman Faria)
Councilman Faria defers this item.
H. Constituent Issues (by Councilman Faria)
Councilman Faria calls Director Coutu to the podium and thanks him adding that Riverside looks great. He asks when Legion Way will be completed. Director Coutu explains that they have to get to other milled areas first before finishing up Legion Way but it will be done soon. Councilman Faria asks about the sidewalks on Legion Way and states that neighbors would like the sidewalks extended to Beverly Road and asks if there is any grant money or funds to complete this. Director Coutu states he will have to look into the request. Councilman Faria indicates he will defer this until the next meeting.
I. Culvert Project Update Start Date (by Councilwoman Sousa)
Councilwoman Sousa calls Director Coutu to the podium to provide an update.
Director Coutu states they have been going back to the Seekonk Conservation Commission and they have no issue with the new design but there are some standing issues with Seekonk’s DPW Director and the Conservation Commission has left the public hearing open until the next meeting of October 1, 2018 so that these can be addressed. The East Providence law department and the Seekonk law department have been speaking and the item will go before the Board of Selectmen tomorrow night. The easement was signed.
Councilwoman Sousa asks when the start date is.
Director Coutu states that the tentative start date right now is just after the October 1, 2018 Seekonk meeting.
J. Community Recreation Building-- New construction or refurbished building (Councilwoman Sousa)
Councilwoman Sousa states there is a lack of facilities for the city’s local youth and this is important to keep youth active and off the street. She thanks Bob Rodericks and Damien Ramos for speaking about the need for this. She adds that with Pierce Field there has never been a refurbishing and there has been a lot of decay to the walls, fencing, bathrooms and scoreboard. She is requesting help for the stadium as it needs structural work and this has never really been allocated. Those who take care of the stadium cannot fix these items without being funded.
Councilwoman Sousa discusses the need for a new community recreation building. A bond was passed many years ago and this work was never done. This council has done a good job picking up these kind of items that had previously fallen by the wayside but this one has not been addressed yet. The council should do its due diligence in trying to address this. She feels utilizing the buildings at Hopppin Avenue would be a good idea. This space could house a gymnasium, courts and/or a recreation center.
Councilman Botelho agrees and feels this is a great idea. He thinks this could be looked at as a P3 partnership which would be a public site with private investments and the spaces in Riverside are a perfect site for that. It could be retrofitted and dedicate part to the city as a recreation center. In a political world sometimes imagination is lacking and this is what a private industry would look at to think outside of the box.
Councilman Faria concurs.
Councilwoman Sousa states it makes a lot of sense to reinvest in the community and reutilize buildings instead of watching them fall apart.
Assistant Mayor Britto asks about Representative Amore mentioning utilizing the gym of the new high school and asks could that be used as part of the recreation center as well.
Councilwoman Sousa states that it would only accessible after school programs are done and when youth groups are not going in after school. A recreation center is for all ages the elderly etc… and they can’t do that during the day at the school. It would be a safety issue. It limits the community to whatever the school department sets their rules to. A recreation center opens at 8:00am until close.
Assistant Mayor Britto states that he worked at the Boys and Girls Club and its vital to keeping kids off the street later in the day with the recreation center as well. He has played on the current court and because it is so small the out of bounds is the brick walls. This becomes very dangerous.
Councilman Faria thinks that kicking these ideas around is important this is important to the community especially. In Riverside, there are buildings which would be a perfect use.
Councilman Botelho states that in response to Mr. Britto he remembers those days playing in those gyms and they would adopt new rules to bounce the balls off the walls those involved in coaching CYO know how hard it is to get gym time and there is a big need.
K. Townie Pride Memorial Park (TPMP) Upgrades (by Councilwoman Sousa)
Councilwoman Sousa asks Director Coutu questions regarding Townie Pride Park. Director Coutu states that some of the work they could do but some they would need to rent an excavator and he would need to discuss with her the type of material she wants to use to create the levels.
Councilwoman Sousa notes there has been money allocated in the previous budget which was not used and she would like to know if they can set up a meeting to continue on with this yearly. The school does an October Townie Pride Parade and it is a good time to open the memorial park. They are doing a brick campaign and while this will not all be done she would like to set up a meeting to get everyone on board so they can keep it moving.
Acting City Manager Parella states that Nikki will reach out to her to set up a meeting.
Councilwoman Sousa states the memorial walkway will have bricks which can be purchased for $30 and this includes engraving for loved ones.
A. AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “VEHICLES AND TRAFFIC”
Motion to dispense with the reading of the ordinance is made by Assistant Mayor Britto, seconded by Councilwoman Sousa and on a roll call vote it is unanimous.
SECTION I. Subsection (b) of Sec. 18-269 entitled “Stop and yield intersections designated; when stops required” is amended by adding thereto the following:
Burgess Avenue (northbound and southbound traffic) at Mercer Street
SECTION II. This ordinance shall take effect upon second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Councilwoman Sousa
A motion to approve the Ordinance for Final Passage is made by Councilwoman Sousa, seconded by Assistant Mayor Britto and on a roll call vote it is unanimous.
A. City Managers Report (by Acting City Manager Christopher J. Parella )
1. Purchase and Sale Agreement to Purchase All Street Lights from National Grid
This item was moved for discussion under Council Members, Councilman Faria’s item.
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 Councilwoman Sousa and seconded by Councilman Britto to convene in closed session for the purposes of discussing claims & litigation. Upon a roll call vote: Councilman Botelho – Aye, Assistant Mayor Britto – Aye, Councilman Faria – Aye, Councilwoman Sousa – Aye, Mayor Briden – Aye, the motion is approved 5-0.
EAST PROVIDENCE CLAIMS COMMITTEE
CLAIMS & LITIGATION REPORT
TUESDAY, SEPTEMBER 18, 2018; 7:00 P.M.; ROOM 101
====================================================================
SEWER CHARGE ABATEMENTS
DIANE FEATHER $123.51
Request for a sewer charge abatement for the property located at 43 Robin Hood Drive in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilman Britto Seconded by: Councilwoman Sousa
Motion: Approve the sewer charge abatement in the amount of $123.51.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
MICHAEL GAGNON $1,257.65
Request for a sewer charge abatement for the property located at 267 Forbes Street in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilmen Britto & Faria Seconded by: Councilman Botelho
Motion: Approve the sewer charge abatement in the amount of $1,257.65.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | | √ | √ |
| Nay | | | √ | | |
| Abstain | | | | | |
| Absent | | | | | |
LUIS MACIEL $96.66
Request for a sewer charge abatement for the property located at 131-133 Grove Avenue 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 $96.66.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
JERRY MISCHAK & WENDY EDWARDS $533.46
Request for a sewer charge abatement for the property located at 27 Newman 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 $533.46.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
PAUL L. ROBERT $378.58
Request for a sewer charge abatement for the property located at 61 Cushman 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 $378.58.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
EDITE M. RODRIGUES $51.18
Request for a sewer charge abatement for the property located at 236 Warren Avenue in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilwoman Sousa Seconded by: Councilman Botelho
Motion: Approve the sewer charge abatement in the amount of $51.18.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
NICOLE SPANO $149.18
Request for a sewer charge abatement for the property located at 55-57 Earl Avenue in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilwoman Sousa Seconded by: Councilman Botelho
Motion: Approve the sewer charge abatement in the amount of $149.18.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
SANDRA TAVARES $117.50
Request for a sewer charge abatement for the property located at 33 Vineland Avenue 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 $117.50.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
WINCHESTER WOOD & PARK LLC $64,150.23
Request for a sewer charge abatement for the property located at 125 Village Green North in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilman Britto Seconded by: Councilman Botelho
Motion: Approve the sewer charge abatement in the amount of $64,150.23.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | | √ | √ |
| Nay | | | √ | | |
| Abstain | | | | | |
| Absent | | | | | |
A motion is made by Councilman Faria, seconded by Councilwoman Sousa to adjourn at 7:31 p.m. and reconvene in open session. Upon a roll call vote, the motion is approved 5-0.
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.
C. Report of School Committee Liaison
D. 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 is made by Councilwoman Sousa, seconded by Councilman Faria and on a roll call vote it is unanimous.
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, laundromats, gasoline stations (including gasoline stations with victualling), and bowling alleys, and such other businesses as may be approved by the city council, shall be kept open between 1:00 a.m. and 4:00 6:00 a.m. during the last six days of the week.
(b) Victualing houses and bowling alleys; Permit required for extension of closing hours. No pharmacies, licensed victualing house, laundromat, gasoline station (including gasoline stations with victualling), or bowling alley, or such other business as may be approved by the city council shall be kept open between 1:00 a.m. and 4:00 6:00 a.m. during the last six days of the week without first obtaining approval 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 city council shall make any inquiry, inspection and investigation as it considers reasonably required to ensure that the health, safety, welfare, peace and tranquility of the public will not be adversely affected by any such permit and the city council may fix such conditions to the permit as it deems reasonably required for the protection of the public. The fee for such permit shall be $100.00 $125.00 per annum, payable to the city clerk.
(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 of the first day.
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
Councilwoman Sousa thanked Mr. Coelho for speaking out as she is also in Ward 2 and uses the facility herself for blankets. She notes that it is very nice and in no way was this an effort to cause any harm or meant that they would have to change to compete. It was just an effort to assist businesses in general in the city. The bowling alley portion she is referring to the Solicitor as it is very confusing. The law department did additional research but apparently the state law and our city ordinance appear to have it listed as they could not open on Sunday until 12:00 noon and would require a special license to do this. The one bowling alley does have this. There appears to be other things for businesses which could help and she will bring those to the council. She notes we have the language stating there is a permit available. Some concerns regarding safety and hours of operation are open to discussion.
Assistant Mayor Britto notes he did some research with existing businesses in the city and after reaching out to them over the weekend he did not see this as being conducive to have.
Councilman Faria states that he was vocal against this ordinance as he was in this business in Providence and he understands when a conglomerate comes in and forces the smaller ones to close. He adds we want to be business friendly but the question is does East Providence have that type of element this would bring which were his concerns at the last meeting. Is there a demand to have this? They are a smaller community.
Councilman Botelho asks if he can call up the person who spoke and Solicitor Dias asks for unanimous consent and this is granted.
Richard Coelho is sworn in, City Bubbles is located at 316 Warren Avenue. He notes they don't have a lot of people there at 8:45 just prior to closing time and they don't even see any other establishments open even until 10:00PM. They have a Facebook page and ask all the time of clients and it honestly doesn't come up. There are a number of laundromats in a one mile radius of each other already. There is a trade publication which they are a part of but nothing formal and there are a lot of safety concerns regarding unattended establishments. He does not see the need. Perhaps in other parts of country but none here.
Councilwoman Sousa states that she will take this ordinance off and table it for reason as listed from the community.
Announcement: October is Breast Cancer Awareness Month and the East Providence Police Department is holding a fundraising and for $10 people can purchase a memorial pink threading badge. These can be purchased in the East Providence Police Department Lobby.
A motion to Adjourn at 9:45PM is made by Councilwoman Sousa, seconded by Councilman Faria and on a roll call vote it is unanimous.
Approved By Council: October 2, 2018
Attest: _______________
City Clerk