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CITY OF EAST PROVIDENCE

DOCKET–REGULAR COUNCIL MEETING

TUESDAY, AUGUST 20, 2019

CALL TO ORDER: 6:30 P.M.

Council May Call Executive Session in Room 101

OPEN SESSION: 7:00 P.M

145 TAUNTON AVENUE – CITY COUNCIL CHAMBERS

EAST PROVIDENCE, RHODE ISLAND

City Council:

Council President, Robert Britto – Ward 1

Council Vice-President: Bob Rodericks – At Large

Councilwoman Anna Sousa – Ward 2

Councilman Nate Cahoon – Ward 3

Councilman Ricardo Mourato – Ward 4

I. CALL TO ORDER

II. INVOCATION OF EXECUTIVE SESSION – FOR VOTE

The City Council of East Providence may meet in Executive Session pursuant to Rhode Island General Laws §42-46-5 (a) (2), §42-46-5 (a) (5), § 42-46-5 (a) (1)

Councilman Rodericks made the motion to move to Executive Session, Councilman Cahoon seconded the motion. Motion passes unanimously.

a) Litigation

1. GEO NOVA DEVELOPMENT CO. VS. CITY

C.A. NO. PB-09-5341

Status Update/Compromise Settlement Discussion of Prior Bidder

2. Richard Kirby vs. City of East Providence

C.A. No. 19-6124

Status Update

b) Odd Fellows Hall

63-65 Warren Avenue

Purchase & Sale Agreement

Review, Discussion & Vote

c) City Clerk-City Council Relationship (Clarification)

d) NEW CLAIMS

1. Kimberly Chapman

2. Otila Oliveria

3. Sobeida E. and Otto Piedrasanta

e) SEWER CHARGE ABATEMENTS – FOR VOTE

1. Paul Eannarino

2. Nancy Schempp

3. Lionel Viera (Viera Rentals)

4. Weixing Vincent Wang

V. APPROVAL OF CONSENT CALENDAR – FOR VOTE

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 members so requests, in which event the item will be removed from said Consent Calendar and will be considered in its normal sequence in the docket.

a) Council Journals – March 26, 2019, April 16, 2019, April 23, 2019 and June 27, 2019, (Regular and Executive Session)

Councilwoman Sousa made the motion to approve the minutes and seal the minutes from executive session, seconded by Councilman Cahoon. Motion passes unanimously.

b) Cancelation/Abatements (Assessor) – FOR VOTE

1. June 2018

YEAR	AMOUNT
2017	$ 594.19
2018	$ 2,957.97
2019	$ 1,393.21
TOTALS	$ 4,945.37

2. August 2018

YEAR	AMOUNT
2018	$ 320.54
2019	$ 3,696.70
TOTALS	$4,017.24

Motion to approve from Council Vice President Rodericks. Seconded by Councilman Cahoon. Motion passes unanimously.

a) Council Vice President Rodericks asked for unanimous consent to move up the item.

RESOLUTION REQUESTING THAT THE EAST PROVIDENCE CITY COUNCIL RE-NAME THE EAST PROVIDENCE SENIOR CENTER AS THE

"ROBERT E. ROCK SENIOR CENTER"

This was approved. Please see item E under, Resolutions for notations.

VI. LICENSES NOT REQUIRING PUBLIC HEARING – FOR VOTE

a) Special Event – Alcoholic Beverage

1. Maryann Marques

Event: Fish Dinner Fundraiser

Date: September 14, 2019

Motion to approve from Councilwoman Sousa, Seconded by Council Vice President Rodericks. Motion passes unanimously.

2. Maryann Marques (St. Francis Xavier)

Event: 30 Week Dinner Club

Date: October 19, 2019

Motion to approve from Councilwoman Sousa, seconded by Council Vice President Rodericks. Motion passes unanimously.

3. Susan Costa (East Providence Elks Lodge #2337)

Event: Outdoor Family-Orientated Movie Viewing

Date: August 16, 2019 (Rain Date: August 17, 2019)

Motion to approve from Councilwoman Sousa, seconded by Council Vice President Rodericks. Motion passes unanimously.

b) Application for One Day Entertainment License

1. Susan Costa (East Providence Elks Lodge #2337)

Event: Outdoor Movie on the Lawn

Date: August 16, 2019 (Rain Date: August 17, 2019)

Motion to approve from Councilwoman Sousa, seconded by Council Vice President Rodericks. Motion passes unanimously.

c) Application for Flea-Market License

1. Tanisha Thomber

Burrito Bowl – 809 Broadway, 02914

Motion to approve from Council Vice President Roderick, seconded by Councilwoman Sousa. Motion passes unanimously.

d) Application for Hawker License

1. Roxanne Gomes

49 Swan Street, 02914

Applicant was not present. Councilwoman Sousa made the motion to table until the following meeting for more information, seconded by Council Vice President Rodericks. Motion passes unanimously.

e) Application for Peddler License

1. Union Burrito

Ruarri Miller

326 Bullocks Point Avenue, 02915

Concern was mentioned by the City Clerk regarding the license process.

Motion to approve by Council Vice President Rodericks, seconded by Council Cahoon. Motion passes unanimously.

(Applications for Peddler Drivers)

Ruarri Miller

64 Channing Avenue, 02915

Motion to approve by Council Vice President Rodericks, seconded by Council Cahoon. Motion passes unanimously.

Christia Miller

124 Smith Street, 02915

Motion to approve by Council Vice President Rodericks, seconded by Council Cahoon. Motion passes unanimously.

2. JA Patty RI

Alison Rosario

560 Mineral Spring Avenue #2-136

Pawtucket 02860

Motion to approve by Councilwoman Sousa, seconded by Councilman Mourato. Motion passes unanimously.

(Applications for Peddler Driver)

Conroy Outar

1643 Warwick Avenue

Warwick, 02889

Motion to approve by Councilwoman Sousa, seconded by Councilman Mourato. Motion passes unanimously.

VII. COMMUNICATIONS

a) Birthday Party/Block Party

“To block off Pilgrim Avenue on the Roger Williams side entrance until the end of Pilgrim Avenue”

Steven Moura

Applicant present and spoke at the podium. Roger Williams to the end of his parent's property requested. Campbell Street to remain open.

Motion to approve made by Council Vice President Rodericks, seconded by CounciIman Cahoon. Motion passes unanimously.

b) Flooding Along Runnins River

William M. Lewis

Party present to speak. Wanted to talk about the back portion of the Runnins River on the backside of Lucky's and if anything can be done about it.

Councilwoman Sousa responded to this inquiry and mentioned that she will be holding a community meeting next and this scenario will be addressed.

c) Mayoral Communications

1. Auditing Standard No. 114, “The Auditor’s Communication with Those Charged with Governance” regarding audit of City of East Providence , Rhode Island

Paul Luba was standing in for the Finance Director, Malcolm Moore.

Items were passed out from the auditing firm, in accordance with 2.9 of the Charter. The auditor should report to the Council, according to Mr. Luba, and will talk about any control issues the auditing firm may have had. The auditing process was briefly explained to the Council.

Questions asked by Councilman Cahoon regarding the timeline and the alignment of Charter provisions and budget season. Mr. Luba replied stating the audit will always be late because the state provides the pension information late, and that is what causes the delay.

2. Memo of Understanding Regarding Council Request for Information/Department Head

Mayor DaSilva presented on this item and an update on this item. The mayor prefaced with historical references on the election that chose the mayoral form of government and Charter change. The mayor requested the form be filled out four days before the Council meeting for any department heads or qualified employees to be present at the Council meeting. The mayor mentioned that Mr. David O'Connell approached the mayor with the form that he adopted.

The mayor continued to read the full memo in its entirety.

PUBLIC COMMENT

All persons wishing to make public comment shall sign a public comment sheet stating their name, address and the subject of their docket related item to speak on. This 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 the 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.

Michelle Silva-Topic: Rats

Ms. Silva approached the Council that there is an issue with rat infestation. Code enforcement has been out and was told that they are out due to construction. She lives on Mary Avenue. Ms. Silva also mentioned howother cities have rat programs and wondered if we could possibly have something similar.

Marc Furtado Topic: Traffic Control and Notification of Employees to Speak on Docket Items

Traffic control project is in the works to codify the ordinance, due to the language being, /tall over the place". Resolutions were established in separated by traffic control and crossing guards in 1991. (Councilwoman Sousa did mention 1998 and has been amended several times). Mr. Furtado mentioned that he would like to get this done for safety and legal purposes.

In regards to the Fleet Management conversation, the Fleet Manager is present.

Ken Goucher-Topic: Food truck on Warren Avenue

Mr. Goucher mentioned Valley Towing business and how there is a food truck that is there. He mentioned concern of this being a safety issue. Mr. Goucher mentioned that maybe there can be no parking signs posted. Councilman Mourato and Council Vice President Rodericks responded to Mr. Goucher. Council Vice President Rodericks stated that he will look into this more. Councilwoman Sousa stated that last year the previous Council did create legislation within the ordinance over location approvals for peddlers. Council Vice President Rodericks mentioned that possibly that we clarify locations should we amend the ordinance. Solicitor Marcello mentioned of the new Mobile Food Establishments (MFE) have been set by the state and needs to be in place by December 31, 2019. Mr. Marcello did mention that the City can regulate the locations within the City. Councilwoman Sousa did mention that a lot of people in the community park right up to the corner of the street and that maybe a marker would be helpful to remind people ofwhere to park and where not to park. Council President Britto mentioned that the area around Red Bridge does have this already. Councilman Mourato suggested having the police department evaluate the area and see if this really

is a blind spot for people and working with DPW to mark it as a, "No Parking Zone".

VIII. COUNCIL MEMBER COMMUNICATIONS

a) Removal of abandoned India Point Railroad Bridge Discussion

Council Vice President Rodericks

Council Vice President Rodericks spoke in favor and offered points of interest to support the removal and the support from both Senator Whitehouse's and Mayor DaSilva's office.

b) Update on School Department Infrastructure Maintenance, Discussion Only - Anthony Feola

Council Vice President Rodericks

By unanimous consent of the Council, this was moved up after Communications.

Report was handed out to the Council regarding updates on all projects, including new gym floors, new heating systems, sprinklers, new cafeteria tables in every elementary school, new paint in all elementary schools, work with National Grid regarding switching to LED lights in the schools. All elementary schools have been switched out, for the exception of Myron (who they are currently working on). New security measures, including the new visitor 10 security system were also presented.

c) Business License Procedure Discussion-Mobile Food Establishment and BCI Checks for Drivers

Councilman Mourato

Item deferred to a future council.

d) City Clean Up Discussion

Councilwoman Sousa

Item deferred to the next meeting.

e) Culvert Project Discussion – Warren Avenue

Councilwoman Sousa

Item deferred to the next meeting.

f) Traffic Control Appointment Discussion

Councilwoman Sousa

Item deferred to the next meeting.

g) Conditions and Upkeep of City Sidewalks

Councilman Cahoon

Item deferred to the next meeting.

h) Proposed Amendments to Chapter 3 of City Ord – Animal

Council President Britto

This was deferred to the next meeting.

IX. ORDINANCES

1. FIRST PASSAGE – FOR VOTE

a) AN ORDINANCE IN AMENDMENT OF CHAPTER 11 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED ENTITLED "PERSONNEL” (Section 11-4 and 11-31)

Sponsored by Council Vice President Rodericks

SEE ATTACHED FOR FULL ORDINANCE

Chief of Personnel, Victor Santos and the library Director, Michael Carlozzi were both present to speak in favor of this ordinance. Motion to approve by Councilman Cahoon, seconded by Council Vice President Rodericks. Motion approves unanimously.

b) AN ORDINANCE OF THE CITY OF EAST PROVIDENCE AUTHORIZING THE CITY TO FINANCE THE ACQUISITION, CONSTRUCTION, FURNISHING AND EQUIPPING OF A NEW HIGH SCHOOL AND ALL EXPENSES INCIDENT THERETO, INCLUDING, BUT NOT LIMITED TO, COSTS OF DESIGN, DEMOLITION, ATHLETIC FIELDS, LANDSCAPING AND PARKING BY THE ISSUANCE OF NOT MORE THAN $189,500,000 BONDS, NOTES AND/OR OTHER EVIDENCES OF INDEBTEDNESS THEREFOR, SUBJECT TO APPROVAL OF STATE HOUSING AID AT A REIMBURSEMENT RATE OR STATE SHARE RATIO OF NOT LESS THAN 50% FOR EXPENDITURES ELIGIBLE FOR STATE AID AND PROVIDED THAT THE AUTHORIZATION SHALL BE REDUCED BY ANY GRANT RECEIVED FROM THE SCHOOL BUILDING AUTHORITY CAPITAL FUND

X. OLD BUSINESS

1. Resolutions to Request Items through the Mayor’s Office – Solicitor Interpretation

Councilman Mourato

CounciIman Mourato yieIded this item for update to SolieitorMarce110. The solicitor mentioned that there seemed to be a misunderstanding in the intention of this item, but he will research it and follow up at the next Council meeting.

2. City Fleet Information Follow-Up for 2019-2020 Budget

Councilman Mourato

BREAK IN MEETING FLOW FOR MOTION TO EXTEND:

Councilwoman Sousa madethe motion to extend the meeting to extend the meeting by 1.5 minutes.

Seconded by Council Vice President Rodericks. Motion passes unanimously.

Fleet Manager, Rory McMahan was present for the meeting. Councilman Mourato had a few questions about the take home vehicles for the City employees. Expenses on the report were per year for the vehicles on the report. November 1, 2018 until the beginning of the month is the look back period for the report.

XI. NEW BUSINESS

a) REPORTS OF OTHER CITY OFFICIALS

1. City Solicitor, Michael J. Marcello - Claims Committee Report

Nothing to report at the time, as it was not addressed b

2. Office of the City Clerk – Office Needs Regarding Safety

Samantha Burnett

City Clerk, Samantha Burnett, spoke regarding her department and the need for safety measures, beginning with a lock on the swing gate and a new lock on the door that leads to the office. This has been requested for over several months and not been fulfilled. Ms. Burnett used the comparison of the Mayor's office renovations of $30,000 and we have requested a $6.00 lock.

Mayor DaSilva approached the podium and recognized that the Clerk's office is a very open area and that he would like to add this to the Capital Improvement Plan. He mentioned collections needed this as well. Mayor DaSilva did mention that the Clerk's office can be provided the lock on the swing door.

Council Vice President Rodericks asked about having someone in the reception area.

Mayor DaSilva mentioned that they plan on filling that position.

Council Mourato and Council Vice President both mentioned that the Clerk has mentioned this item before.

b) HANDICAP PARKING REQUESTS –FOR VOTE

1. 1196 Allerton Avenue

Motion to approve by Councilwoman Sousa, seconded byCouncil Vice President Rodericks. Motion approved unanimously.

2. 26 Donnelley Street

3. Motion to approve by Councilwoman Sousa, seconded by Council Vice President Rodericks. Motion approved unanimously.

>XII. RESOLUTIONS

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b) RESOLUTION TO ESTABLISH PARTNERSHIP WITH THE EAST PROVIDENCE SCHOOL COMMITTEE FOR COMMUNITY SERVICE HOURS FOR STUDENTS

Introduced by Councilman Mourato and Councilwoman Sousa