CITY OF EAST PROVIDENCE

MINUTES–REGULAR COUNCIL MEETING

TUESDAY, JUNE 18, 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 – Council President Britto calls the meeting 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)

 

a)      Litigation

Brian Faria v. City of East Providence City Council

C.A. NO. PC-2018-4406

Status Update

 

b)     Litigation

Geo Nova Development Co. VS. City of East Providence

C.A. NO. PB-09-5341

Status Update

 

c)      NEW CLAIMS –FOR VOTE

 

1.      Barry Beaudoin

2.      Dwayne P. Correia

3.      Maria Thistle

 

d)     SEWER CHARGE ABATEMENTS – FOR VOTE

 

1.      Earl and Arnesia Dickerson

2.      Maria Ferro

3.      Mitchell Noel

4.      Rochelle Richard

5.      Aspasia Tsonos

 

III.        OPEN SESSION

Motion to seal the minutes from Executive Session from Councilman Cahoon. Councilwoman Sousa seconded the motion.

Motion passes unanimously.

 

IV.        PLEDGE OF ALLEGIANCE – Led by City Clerk, Samantha Burnett.

Motion to amend the agenda to include the Resolution Requesting Legislative Ratification for the City of East Providence as amended for discussion only in alignment with RIGL 42-46-6 (b) by Council Vice President Rodericks. Motion seconded by Councilman Cahoon.

Motion passes unanimously.

 

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)      June 4, 2019 Council Journal

Motion to approve made by Councilwoman Sousa

Motion seconded by Councilman Cahoon.

Motion passes unanimously.

VI.        LICENSES NOT REQUIRING PUBLIC HEARING – FOR VOTE

 

a)      Application for Peddler’s License

Saugy Hot Dogs

Pete Parrella VI    

Cranston, Rhode Island

FOR VOTE

Party was present. Question asked about where and when they will be conducting business by Councilwoman Sousa. Mr. Perella responded stating that it will only at Bold Point Park and only during concerts. All paperwork was turned in by the City Clerk.

Motion to approve made by Councilwoman Sousa

Motion seconded by Councilman Cahoon

Motion passes unanimously.

 

b)     Class F: Application for Special Event-Alcoholic Beverage

 

1.      St. Francis Xavier Church – FOR VOTE

June 21, 22, 23, 2019

Maryann Marques

Not present. Everything was confirmed that necessary paperwork has been submitted to the Clerk’s office.

Motion to approve by Council Vice President Rodericks.

Motion seconded by Councilwoman Sousa.

Motion passes unanimously.

 

2.      East Providence Elks Lodge #2337 – FOR VOTE

July 28, 2019

Susan Costa

Activities chair present to the Council.

Nature of event is a full lodge event.

Motion to approve by Council Vice President Rodericks

Motion seconded Councilwoman Sousa

Motion passes unanimously.

 

c)      Application for One Day Entertainment License

 

1.      East Providence Elks Lodge #2337 – FOR VOTE

July 28, 2019

Susan Costa

Motion to approve by Councilwoman Sousa 

Motion seconded Councilman Cahoon

Motion passes unanimously.

 

2.      St. Francis Xavier Church – FOR VOTE

June 21, 22, 23, 2019

Maryann Marques

Motion to approve by Councilwoman Sousa

Motion seconded by Councilman Mourato

Motion passes unanimously.

 

VII.       LICENSES REQUIRING PUBLIC HEARING – FOR VOTE

 

a)      BVL – FOR VOTE

Baja’s Grill/MBA Enterprises

207 Newport Avenue, 02916

Bahij Boutros

Andrea Mota

Applicant, Mr. Boutros, was present and sworn in. All information is up to date and turned in with the Clerk’s office. Applicant has been vetted. City Clerk stated that we have receive some phone calls regarding concerns about the trash not being hauled away, the back of the building being dug out. Council President Britto addressed the concerns with the owner regarding the excess trash. Mr. Boutros stated there was an issue of the delayed pick up due to the snow. Also, business has been busier than anticipated and he has scheduled extra pick-ups for the trash.

Discussion was had regarding the liquor license.

Councilman Mourato asked if there was anyone here from the City if those issues have been rectified. Gene Savory was present from the City to speak. Mr. Savory addressed the Council addressing the grating, garbage, patio for having kitchen debris and that they do respond once they are cited. The scenario was addressed about serving alcohol outside. Mr. Boutros stated that there will not be any music played outside an alcohol will only be allowed outside in the summer time.

Resident, Dan Landry of Rumford, spoke to address the issues of concerns that he had regarding the liquor license. Council President Britto mentioned the importance of being a good neighbor and business.

Resident, Rebecca Wilkin, spoke in concern of the lighting, the trash when Cilantro was in business and had a liquor license. She had trash that came over (beer bottles and wine bottles) in her yard every day.

Karen Rebello, resident, spoke in favor in being able to have alcohol on the patio at a restaurant.

Councilwoman clarified that there was currently not a patio in place. Mr. Bourtos stated this was correct but he would like to have one and will work with City.

A motion was made to approve a 6 month liquor license to be served and consumption only inside the four corners of the internal walls of the restaurant and not outside of the establishment by Councilman Mourato.

Motion seconded by Councilwoman Sousa.

(License will be prorated and confirmed by City Clerk Burnett).

Motion passes unanimously.

 

VIII.      COMMUNICATIONS

 

a)      Mayoral Communications

1.      Personnel Hearing Board Appointment for Michael Sullo

(Mayoral letter presented to the Council)

Marc Furtado of the Mayor’s Office was present to address the Council.

 

2.      Announcement of Human Resources Director, Victor Santos

(Mayoral letter presented to the Council)

Announcement of appointment made to Mr. Santos, the new Human Resources Director. No vote was needed.

 

b)     Peace Love Festival, Run/Walkathon – 9/14/2019

FOR VOTE

(Shirley Jones)

Ms. Jones was not present.

Motion made by Council Vice President Rodericks

Motion seconded by Councilman Mourato

Motion passes unanimously.

 

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.

1.      Kathleen Monroe, 79 Reed Street. She addressed the Council in concern of the PSI pressure in reference to the work National Grid is currently doing outside of her house.

2.      Dan Landry, Rumford. He addressed the Council about cleaning up East Providence. He provided pictures to the Council regarding trash near the bus shelter. He found that the responsibility falls on the City that the bus shelter is located in. He called Steve Coutu and Mr. Coutu stated that he would take care of it, and in the same day a new trash bin. The other item is the old water tower in Rumford. It is currently used as a cell tower. He feels that someone should do something about it.

 

IX.        COUNCIL MEMBER COMMUNICATIONS

 

a)      Department Heads Aid to Inquiry for Council Legislation Discussion (Charter Inquiry)

(Councilman Mourato)

 

b)     LED Lights Update Discussion

(Councilwoman Sousa)

Councilwoman Sousa asked for an update on this scenario.

City Solicitor, Mike Marcello issued an update stated that Assistant Solicitor Dylan Conley is working on the litigation regarding ownership of the poles, who has a right to change the light, who has access to the lights once they are put up.

 

c)      State Street Culvert Project Start Date Discussion

(Councilwoman Sousa)

Councilwoman Sousa stated that this is more of an FYI to the residents. Effective start is July 15th. Notices will be sent out to neighbors in the area and there will be a street closure for 30 days.

 

d)     Minimum Housing Violation Discussion

(Council Vice President Rodericks)

Council Vice President Rodericks request this agenda item as the first item of Council Member Communication due to a representative of the City being present.

The issue of the soup kitchen in Riverside was brought up by many residents. This is the one near St. Brendan’s Church. Mr. Savory spoke and addressed the Council. He stated that the City is now trying to work with the Clerks, Mayor, Judge and the Council to streamline the process of communication.

 

e)      Discussion regarding advisory city boards and commissions updates to City Council (Councilwoman Sousa)

Councilwoman Sousa stated the importance of updates of each board and commission, and having good, open communication with the Council and City. Councilwoman Sousa stated this is important and she may put some language together to outline communication.

 

X.         APPOINTMENTS

 

1.      Personnel Hearing Board – Michael Sullo

FOR VOTE

 

XI.        ORDINANCES

 

1.      AN ORDINANCE IN AMENDMENT OF CHAPTER 14 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS"

FIRST PASSAGE – FOR VOTE

(Co-sponsored by Councilwoman Sousa and Councilman Cahoon)

SEE ATTACHED FOR FULL ORDINANCE

Councilman Cahoon no one seemed to be present from the City to have a discussion and address some concerns DPW had regarding this issue. Councilman Cahoon addressed the concerns of children and safety issues when it snows and property owners not shoveling the snow. Councilman Cahoon reviewed the ordinance with the Council. Section F was addressed by Solicitor Marcello. Councilman Cahoon referenced Section E and asked for clarification from the Solicitor.

Motion to approve, with striking Section F in its entirety made by Councilwoman Sousa.

Motion seconded by Councilman Cahoon.

Motion passes unanimously.

 

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

(Councilman Mourato)

FIRST PASSAGE

FOR VOTE

SEE ATTACHED FOR FULL ORDINANCE

Councilman Mourato introduced the ordinance to the Council and gave a brief summary of items and revisions that were made.

Motion to approve made by Councilman Mourato.

Motion seconded by Councilwoman Sousa.

Motion passes unanimously.

 

XII.       NEW BUSINESS

 

a)      REPORTS OF OTHER CITY OFFICIALS

 

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

Solicitor Marcello gave the report of the Claims Report.

Motion to approve report from Councilman Cahoon

Motion seconded by Council Vice President Rodericks.

Motion passes 4-0, with Councilwoman Sousa absent for the vote.

 

XIII.      RESOLUTIONS

 

a)      RESOLUTION REQUESTING TO NAME THE UNNAMED LITTLE LEAGUE FIELD AT PIERCE FIELD AS THE ROBERT F. AMARAL FIELD

(Sponsored by Council Vice-President Rodericks)

FOR VOTE

SEE ATTACHED FOR FULL RESOLUTION

Council Vice President Rodericks introduced the resolution with a brief speech honoring the work of Mr. Amaral in East Providence.

Motion to approve made by Councilman Cahoon

Motion seconded by Councilwoman Sousa

Motion passes unanimously.

 

b)      RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE THE INTERMUNICIPAL AGREEMENT BETWEEN THE TOWN OF SEEKONK, MASSACHUSETTS AND THE CITY OF EAST PROVIDENCE, RHODE ISLAND

(Sponsored by Councilman Cahoon)

FOR VOTE

SEE ATTACHED FOR FULL RESOLUTION

Councilman Cahoon introduced this resolution to the Council.

This was from the last meeting.

Council Vice President Rodericks made the motion to approve.

Councilman Cahoon seconded the motion.

Motion passes unanimously.

 

c)      RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT FOR PROFESSIONAL SERVICES FOR THE STRATEGIC ASSESSMENT OF WASTEWATER OPERATING CONTRACT AND WHOLESALE SERVICE PROJECT

(Sponsored by Councilman Mourato)

FOR VOTE

SEE ATTACHED FOR FULL RESOLUTION

Councilman Mourato stated that he has been trying to get answers from the Mayor’s office and still hadn’t received them to date. Mr. Furtado was present to aid in some answering of questions. Councilman Mourato asked about Suez and Solicitor Marcello did answer them.

Councilman Mourato made the motion to approve the resolution.

Motion seconded by Councilwoman Sousa

Motion passes unanimously.

 

d)      RESOLUTION AUTHORIZING THE MAYOR TO ALLOCATE THE CAPITAL IMPROVEMENT ACCOUNT FOR THE PURCHASE OF A USED LADDER TRUCK FOR THE FIRE DEPARTMENT

(Sponsored by Councilman Cahoon)

FOR VOTE

SEE ATTACHED FOR FULL RESOLUTION

This item was taken out of original order by consent and moved up due to a representative from the City, Chief Elmasian, was present.

Councilman Cahoon introduced this to the Council.

Councilman Cahoon made a motion to approve.

Councilman Mourato seconded the motion.

Motion passes unanimously.

 

Motion to extend the meeting by 15 minutes made by Councilman Cahoon.

Motion seconded by Councilwoman Sousa.

Motion passes unanimously.

 

e)      RESOLUTION AUTHORIZING THE MAYOR TO PAY INVOICES FOR PRECONSTRUCTION EXPENSES FOR THE NEW EAST PROVIDENCE HIGH SCHOOL

(Sponsored by Councilman Cahoon)

FOR VOTE

SEE ATTACHED FOR FULL RESOLUTION

Councilman Cahoon introduced the resolution to the Council. This is to pay three invoices in the amount of:

$736,946.83

$59,050.00

$434,570.00

Motion to approve by Council Vice President Rodericks

Motion seconded by Councilman Mourato

Motion passes unanimously.

 

f)       RESOLUTION REQUESTING THE RHODE ISLAND DEPARTMENT OF TRANSPORTATION CONDUCT A TRAFFIC SAFETY AND ROADWAY ENGINEERING STUDY ON TAUNTON AVENUE AT SIX CORNERS

(Sponsored by Councilwoman Sousa)

FOR VOTE

SEE ATTACHED FOR FULL RESOLUTION

Councilwoman Sousa addressed the Council and introduced the resolution.

Motion to approve made by Councilwoman Sousa

Motion seconded by Councilman Cahoon

Motion passes unanimously.

 

g)      RESOLUTION TO REAFFIRM RELATIONS BETWEEN THE CITY OF EAST PROVIDENCE, RHODE ISLAND AND THE CITY OF RIBEIRA GRANDE, PORTUGAL AS SISTER CITIES

(Sponsored by Councilwoman Sousa)

SEE ATTACHED FOR FULL RESOLUTION

Councilwoman Sousa introduced the resolution made a motion to approve this resolution.

Councilman Mourato seconded the motion.

Motion passes unanimously.

 

h)   Motion to amend the agenda to include the Resolution Requesting Legislative Ratification for the City of East Providence as amended for discussion only in alignment with RIGL 42-46-6 (b) by Council Vice President Rodericks. Motion seconded by Councilman Cahoon.

Motion passes unanimously.

Discussion from Solicitor Marcello stated that all Charter changes have to be approved by the General Assembly, even if there is a Home Rule Charter. It is a general practice and standard in Rhode Island.

City Clerk stated that she will post the meeting to the Secretary of State tonight to ensure the 48 hour posting for the Friday meeting.

 

XIV.     Reconvene in Executive Session (if necessary) to Complete Items Under Section II, Executive Session

 

XV.      ADJOURNMENT - FOR VOTE

Motion to adjourn made by Councilman Cahoon.

Motion seconded by Councilwoman Sousa.

Motion passes unanimously.

 

 

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