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CITY OF EAST PROVIDENCE

MINUTES-REGULAR COUNCIL MEETING

TUESDAY, DECEMBER 17, 2019

CALL TO ORDER: 6:30 P.M.

Council May Call Executive Session in Room 101

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

Meeting was called to order by Council President Britto. Roll call was made. All Council members were present.

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-S (a) (2) (5)

Motion to invoke Executive Session made by Councilwoman Sousa. Motion seconded by Council Vice President Rodericks. Motion passes unanimously.

Member	Aye	Nay
Cahoon	X
Mourato	X
Rodericks	X
Sousa	X
Britto	X

a) Claims – FOR VOTE

Rhode Island General Laws §42-46-S (a) (2)

Edward L. Eacueo

The minutes are sealed on this topic.

b) Property on Beach Point Drive - Discussion and approval of Purchase & Sale Agreement

Map 513, Block 59, Parcel 1

Approximately 3,566 square feet

The minutes are sealed on this topic.

III. OPEN SESSION

a) Motion to seal the minutes from Executive Session – FOR VOTE

Councilman Cahoon made the motion to seal the minutes from Executive Session. Motion seconded by Council Vice President Rodericks.

Member	Aye	Nay
Cahoon	X
Mourato	X
Rodericks	X
Sousa	X
Britto	X

IV. PLEDGE OF ALLEGIANCE

Led by Council President Britto.

VII. 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 the 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) TAX ABATEMENTS

2019

$4,649.97

b) COUNCIL JOURNALS

December 3, 2019 – Regular Session

Motion to approve made by Council Vice President Rodericks. Motion seconded by Councilwoman Sousa.

Member	Aye	Nay	Abstain
Cahoon	X
Mourato	X
Rodericks	X
Sousa	X
Britto	X

VIII. Presentation – Arcadis Strategic Assessment of Wasterwater Operating Contract and Wholesale Services

There was an attachment that was the presentation that will be included with the minutes on file in the City Archives Council Journal folder.

Discussion was had with the Council and the presenters, (Jennifer Lachmayr and Amy Anderson). The Mayor did speak with the Council after to address the RFP process and what that would look like to manage the process. The Mayor also mentioned that we would also need people like Arcadis to help with the transition if we were going to regain the autonomy for the wastewater project.

Councilman Mourato mentioned that moving forward this should be done publicly and not in Special Session so the public would know.

Council Vice President Rodericks and Councilman Cahoon had a few questions for the presenters surrounding the management of the wastewater operations moving forward.

The bonds for this project were 20 year bonds, as Director of DPW, Steve Coutu mentioned.

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.

Rita Falaguerra – Grassy Plain Playground – spoke

Olivia Gomes – Grassy Plain Playground – signed up, but declined to speak

Lynn Klar – Grassy Plain Playground – spoke

Susan Dunnington – Warren Avenue Congestion – spoke

Steven Donahue – Grassy Plains Playground – spoke

Tim McCauliff – Grassy Plains Playground – spoke

Mike Javery – Grassy Plain Playground – not present

Denise Morel – Grassy Plains Playground –spoke

Brian Dwiggins – Power Drop Proposal – spoke

Councilman Cahoon asked Coucilman Mourato if he could be included in these meetings, as he grew up in that park and would like to be a part of the process. Council Vice President Rodericks made mentioned that he would like to be a part of this process as well, as the At Large Councilman and having history of the playground as well.

IX. LICENSING AND EVENT APPROVALS

a) LICENSING REQURING PUBLIC HEARING - FOR VOTE

1. BVL - Papa Gino’s

80 Highland Avenue, 02914

All paperwork has been turned in by the City Clerk. Representative was present from Papa Gino’s. No one had questions regarding this license.

Motion to approve by Councilwoman Sousa.

Motion seconded by Council Vice President Rodericks.

Public hearing offered. No one exercised the right to speak on this licensing item.

Motion passes 5-0.

Member	Aye	Nay
Cahoon	x
Mourato	x
Rodericks	x
Sousa	x
Britto	x

X. MAYORAL APPOINTMENTS REQURING COUNCIL APPROVAL

a) John Braga – Zoning Board - FOR VOTE

Replacing the unexpired term of Antonio Cunha

Term: 12/18/2019-05/16/2022

Policy Director, Marc Furtado presented to the Council. Motion to approve by Cahoon.

Motion seconded by Councilwoman Sousa. Motion passes unanimously.

Member	Aye	Nay
Cahoon	X
Mourato	X
Rodericks	X
Sousa	X
Britto	X

X. COUNCIL COMMUNICATIONS – DISCUSSION ONLY

a) Discussion on Juvenile Hearing Board – appointments and updates

Council Vice President Rodericks

Council Vice President Rodericks mentioned that there is a skeleton crew on this particular board. There is some clarification needed regarding the appointing authority. Policy Director, Marc Furtado, states that a majority of the seats are Council appointments. There are a number of vacancies. Mr. Furtado stated he doesn’t know why, but it does state that they have to be filled in October. He did mention that even though terms have expired, but they still need/can serve until their seat has been filled.

Solicitor Marcello stated that Assistant Solicitor Conley gave an oral legal opinion stating that all the appointments given in the charter are mayoral appointments. Solicitor Marcello has asked Assistant Solicitor Conley to provide a written legal opinion, so he can look at it and agree or disagree with it.

Solicitor Marcello concurred with Mr. Furtado that the board is currently constituted to serve until another is appointed, unless they don’t want to serve anymore.

b) Discussion on 3D Pedestrian Walkways and Speedbumps

Council President Britto

Council President Britto mentioned this option to help decrease speeding and he will continue to fight to combat this problem. He suggested to look online about this option online, which was brought to him by a constituent. Council President Britto mentioned that this is something worth looking into.

XI. NEW BUSINESS

a) APPROVAL OF FINAL CONTRACT – LIBERTY ROOFING FOR AWARD OF BID IN THE AMOUNT OF $372,000

FOR VOTE

Council President Britto requested to the City Solicitor that moving forward that a Councilperson sponsor items like this.

Motion to approve the final contract made by Council Vice President Rodericks

Motion to second made by Councilman Cahoon

Motion passes unanimously, 5-0.

Member	Aye	Nay
Cahoon	x
Mourato	x
Rodericks	x
Sousa	x
Britto	x

b) APPROVAL OF FINAL CONTRACT – COMMERCIAL ELECTRIC FOR THE AWARD OF BID IN THE AMOUNT OF $95,665

FOR VOTE

Motion to approve made by Councilman Cahoon.

Motion seconded by Councilwoman Sousa.

Motion passes unanimously, 5-0.

Member	Aye	Nay
Cahoon	x
Mourato	x
Rodericks	x
Sousa	x
Britto	x

XII. CONTINUED BUSINESS

a) Approved Capital Improvement Projects for the 2019-200 budget year

Council President Britto

Council President Britto asked if anyone had any questions regarding this item. No one had any questions, as they received clarification from the Finance Director, Malcolm Moore.

Councilwoman Sousa mentioned that she did not see the Townie Pride Park or the Dog Park that they approved. Council President Britto agreed that he did not see them.

Policy Director, Marc Furtado approached the podium to address the Council and told them that the projects were not approved, only the money was approved.

Finance Director, Malcolm Moore stated on the 9^th or the 10^th was the next to last hearing and said the Council had requested that those additional items go on and at the next meeting but they had to be approved at the next meeting. And at the next meeting because of the time constraints, they (the Council) said they would just go with original amount was $3.69 million. Because with the additional items, Mr. Moore stated that was an extra $150, 000.

Councilman Mourato stated he remembered that they had discussion on those two items at a meeting after that and mentioned those two items and it was very clear that those two items were to be included in the Capital Improvement Project: $75,000 for the Townie Freedom and $6,000 for the Dog Park.

Mr. Moore stated that he would go back and give a brief memo on that. He said that the Council agreed to put them on at the next public hearing. He stated of the $3.69 million there are items that have been approved and items that haven’t been approved.

He stated that the Council has about $1.4 million to be allocated.

Councilwoman Sousa said these few items were clear that we were moving forward and the rest would be taken care of on a case by case basis.

Council President Britto asked if this was written in stone, because he thought it was perfectly clear but at some point we’re going to have to squeeze this in.

The Clerk stated that she would revisit the minutes and get back to the Council.

Regarding the Cardiac Monitors, they Council stated that they voted on the $80,000 stated by Councilman Mourato.

Council President Britto stated that he didn’t want to use the entire amount proposed for the Capital Improvement Fund. He would like to have something left over if the economy is not going to continue in the direction it currently is going.

The City Clerk stated that she will transcribe that portion of the meeting that is being referenced and submit it to the Council.

Councilman Cahoon stated he would like to see some kind of project management software instead of an Excel spreadsheet or trying to refer back to the minutes. It would provide a site picture of what the budget looks like.

Council President Britto agreed.

Councilwoman Sousa asked if there was a certified budget yet. The City Clerk stated that she had not seen one yet. Solicitor Marcello stated that Patricia Resende, Communication Director in the Mayor’s office was working on it. Council President requested the Solicitor to have this available by the next Council meeting. Solicitor Marcello said he would pass that message along.

b) Discussion on Remaining Capital Projects as proposed for the 2019-2020 budget year

Council Vice President Rodericks

Questions regarding projects that have balances that the City is not using, or projects that don’t exist anymore. He used Project Dare was an example. Council Vice President mentioned special revenue accounts. Solicitor Marcello asked for clarification. Council Vice President mentioned that Project Dare hasn’t been in place for at least ten years.

Finance Director, Mr. Moore said this is the first he heard of this, but he can look into it. He did mention that sometimes it will be set up and it will get blended in and they use it for more than one thing. Another example, Senior Center donation – was that a one time compilation? Mr. Moore stated that the Senior Center Director is trying to set a 501 c3 for this amount. The biggest one is the Sabin Point Volkswagen Settlement. The original amount is still the balance as of October 31, 2019. Mr. Moore said he would need to speak to Mr. Fazioli. Finally, Library Donation Fund of $144,000 balance as of October 31, 2019. Council Vice President stated that he would send the information to Mr. Moore again.

XIII. ORDINANCES

a) FIRST PASSAGE – FOR VOTE

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”

Sponsored by: Council President Britto and Councilman Mourato

Full ordinance on Clerkbase, under 12/17/2019 agenda:

https://clerkshq.com/EastProvidence-ri

Councilman Mourato mentioned that this ordinance is to mirror the state statute that changed recently. Solicitor Marcello expanded stated the State Department of Business Regulations said that every city and town has to adopt an ordinance that regulates Food Trucks consistent of the act. The biggest change is the license fee from $150.00 to $75.00. City can regulate the time, manner and place where they can sell their food. This was drafted by Assistant Solicitor Conley.

Motion to approve for first passage by Councilwoman Sousa.

Motion seconded by Council Vice President Rodericks.

Motion passes unanimously, 5-0.

Member	Aye	Nay
Cahoon	x
Mourato	x
Rodericks	x
Sousa	x
Britto	x

b) SECOND AND FINAL PASSAGE - FOR VOTE (PUBLIC HEARING)

1. AN ORDINANCE IN AMENDMENT OF CHAPTER 3 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “ANIMALS” Section 3-41

XIV. REPORTS OF OTHER CITY OFFICIALS

a) Mayor Communications to Council

1. Lottery Housing Drawing Result for 47 Payette Street, East Providence

2. Riverside Square Revitalization Update – Presented by David Bachrach

Master Architect Plan shared with the Council by Mr. Bachrach for Riverside Square. This project is to slow down people on the bike path and create a curiosity on the square and stop. Pollinator gardens using native species, hardscape services for events, electrical drop will feed an electrical conduit running up the entire east side of the bike path, running underground but have receptacles allowing power along the bike path. This would accommodate the tree lighting. Also, lights over the bike path and over Bullocks Point and Lincoln Avenue. There will be RFPs. There will be public artwork, (sculptures) that will be staged along the bike path. There is a focus on micro enterprise loan program to enhance small business, like Borealis, to increase commercial activity of the square. The implementation is going to happen Spring 2020. Procurement of landscape contractors will happen over the winter. Procurement of the sculptures will happen during the winter as well.

Councilman Mourato questioned the safety of an electrical receptacle sticking out of the ground. Mr. Bachrach stated that it would be, as it would be monitored by the City.

3. Financing for the new East Providence High School, including a memo from Hilltop Securities to Mayor DaSilva

b) City Solicitor, Mike Marcello - Claims Committee Report

c) City Clerk, Samantha Burnett - Approval of 2020 Meeting Dates for East Providence City Council – FOR VOTE

All Meetings will be located at: City Hall, Council Chambers

Time: 6:30 p.m. – Executive Session and 7:00 p.m. Open Session

January 7^th
January 21^st
February 4^th
February 18^th
March 3^rd
March 17^th (St. Patrick’s Day)
April 7^th
April 21^st
May 5^th
May 19^th
June 2^nd
June 16^th
July 7^th
August 4^th
September 1^st
September 22^nd
October 6^th
October 20^th
November 3^rd(Presidential Elections) – City Clerk with check with the School Department to change to November 4 or November 10th
November 17^th
December 1^st
December 15^th

Councilwoman Sousa stated that the first Tuesday in September is the September 1^st. Correction made by the City Clerk, Samantha Burnett.

Councilman Cahoon asked if the start of the Executive Session to 7:00 p.m. and start of the regular meeting for 7:30 p.m. Council agreed to the new time.

Motion to approve calendar as amended made by Councilman Cahoon.

Motion seconded by Councilwoman Sousa and reiterated the schedule to reflect above.

Motion passes unanimously, 4-0, with Councilman Mourato absent for this vote.

Member	Aye	Nay
Cahoon	x
Mourato
Rodericks	x
Sousa	x
Britto	x

XV. RESOLUTIONS - FOR VOTE

a) RESOLUTION AUTHORIZING THE MAYOR TO PROVIDE FUNDING DUE TO THE EAST PROVIDENCE SCHOOL DEPARTMENT

Sponsored by: Councilman Cahoon

For full resolution on Clerkbase under 12/17/2019 agenda:

https://clerkshq.com/EastProvidence-ri

Councilman Cahoon addressed and introduced the nature of the resolution to the Council.

Motion to approve made by Councilman Cahoon

Motion seconded by Council Vice President Rodericks

Motion passes unanimously, 5-0.

Member	Aye	Nay
Cahoon	x
Mourato	x
Rodericks	x
Sousa	x
Britto	x

b) RESOLUTION AUTHORIZING THE MAYOR TO PAY INVOICES

FOR PRECONSTRUCTION EXPENSES FOR THE NEW

EAST PROVIDENCE HIGH SCHOOL

XVI. Reconvene In Executive Session (if necessary) to Complete Items

XVII. ADJOURNMENT - FOR VOTE

Council Vice President Rodericks made the motion to adjourn

Councilman Cahoon seconded the motion

Motion passes unanimously, 5-0.

Meeting adjourned.

Member	Aye	Nay
Cahoon	x
Mourato	x
Rodericks	x
Sousa	x
Britto	x

If communication assistance is needed or any other accommodations to ensure equal participation, please contact the City Clerk, Samantha Burnett at 401.435.7596