CITY OF EAST PROVIDENCE

DOCKET–REGULAR COUNCIL MEETING

TUESDAY, MAY 7, 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 THE 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

Geo Nova Development Co. VS. City of East Providence

C.A. NO. PB-09-5341

Status Update

 

B)      Litigation

Brian Faria v. City of East Providence City Council

C.A. NO. PC-2018-4406

Status Update

 

C)      Pending Claim

Richard E. Kirby

RM No. 16-119, Claim No. 19-038

Status Update

 

D)     New Claims – FOR THE VOTE

1.       BRUCE & GEORGE ABRAMS

2.       DAVID AMARAL

3.       PRISCILLA CARVALHO

4.       ANTONIO DaCOSTA

5.       GAIL CHUNG HICKS

6.       ADELIA PANDOLFI

7.       THELMA PELTIER

8.       MICHELLE PIERSON

 

E)      SEWER CHARGE ABATEMENTS – FOR THE VOTE

1.       ROBYN BOUDREAU

2.       ALBERTINA COELHO

3.       JON DIGRANES

4.       RICHARD FISHPAW

5.       ARTHUR FRANCIS

6.       MARY J. LYONS

7.       JUSTINA PINA

8.       DAVID RIVET

 

III.                OPEN SESSION Motion to seal the minutes from Executive Session by Council Vice President Rodericks. Seconded by Councilwoman Sousa. Motion passes unanimously.

 

IV.                PLEDGE OF ALLEGIANCE

 

V.                  APPROVAL OF CONSENT CALENDAR –FOR THE 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

 

B.      Cancellations/Abatements

 

C.      Tent License 

EAST PROVIDENCE HERITAGE DAYS

Alba Curti

610 Waterman Ave 02914

 

D.      Carnival License –

EAST PROVIDENCE HERITAGE DAYS

Alba Curti

610 Waterman Ave 02914

 

E.       Special Event – Alcoholic Beverage – Class F-1 (fee waived)

EAST PROVIDENCE HERITAGE DAYS

Alba Curti

610 Waterman Ave 02914

 

Motion to approve the consent calendar by Council Vice President Rodericks. Seconded by Councilman Mourato. Motion passes unanimously.

 

VI.                LICENSES NOT REQUIRING PUBLIC HEARING – FOR THE VOTE

 

a)      Peddler’s License – PALAGIS 2000, INC

Carlos Alberto Aboleda N.

55 Bacon Street, Patwucket, RI 02860

Party was present before the Council and sworn in by Council President Britto. Applicant’s paperwork is complete with the City Clerk. No questions were asked. No concerns. Motion to approve by Councilman Cahoon. Seconded by Councilwoman Sousa. Motion passes unanimously.

 

b)      Hawker License – PHANTOM FIREWORKS EASTERN REGION, LLC.

Joshua Nielsen

141 Newport Avenue, 02916

Party was present before the Council and sworn in by Council President Britto. Applicant’s paperwork is complete with the City Clerk. No questions were asked. No concerns. Councilman Cahoon asked about the location. Mr. Nielsen stated that everything will be located inside the old Uncle Tony’s restaurant and that there was a container for storage that is in alignment with fire code. Mr. Nielsen stated that there has been no previous issues. Council Vice President Rodericks made the motion to approve. Councilwoman Sousa seconded the motion. Motion passes unanimously.

 

c)       Victualing License, Class 3 – JAYA’S RESTAURANT/MAHANADI INDIAN RESTAURANT

DBA JAYA’S RESTAURANT

MARIMUTHU MUNIYASAMY

615 Waterman Avenue, 02914

Party was present before the Council and sworn in by Solicitor Marcello. Applicant’s paperwork is complete with the City Clerk. Councilman Cahoon asked if c and d could be bundled for approval. Solicitor Marcello stated that was fine. Councilman Cahoon made the motion to approve. Motion seconded by Councilwoman Sousa. Motion passes unanimously.

 

d)      Holiday Sales License – JAYA’S RESTAURANT/MAHANADI INDIAN RESTAURANT

MARIMUTHU MUNIYASAMY

615 Waterman Avenue, 02914

See notes under Item d.

 

VII.              LICENSES REQUIRING PUBLIC HEARING – FOR THE VOTE

 

i)        BV License – EL MARIACHI 

736 North Broadway, 02914

Magallan, Inc.

Jose Lopez

Party was present before the Council and sworn in by Solicitor Marcello. Applicant’s paperwork is complete with the City Clerk. Public hearing time for comment offered three times by Council President Britto. No parties approached for public hearing. Motion to approve by Council Vice President Rodericks. Motion seconded by Councilwoman Sousa. Motion passes unanimously.

 

VIII.            COMMUNICATIONS

 

i)        10^th Annual Brown Play School 5K Run Approval (May 19, 2019)

FOR THE VOTE

(Zachary Pereira)

Party was present before the Council. Police has been contacted and approved. Councilwoman Sousa asked about the route. Mr. Pereira stated that it is the same route as the Freaky 5k.  Motion to approve by Councilwoman Sousa. Motion seconded by Councilwoman Sousa. Motion passes unanimously.

 

ii)       Green, LLC Presentation on Green Energy Credits

Party was presented before the Council with product information on their energy credit program. Marc Furtado introduced Green LLC, at the request of the mayor, and before they enter negotiations, they were presented to the Council to answer any questions. Council President Britto made mention that this is only for discussion only and not for a vote. Hannah Marini and Tara Pinici were presenters from Green LLC.

 

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.       George Smith spoke on “Comments and Questions” – Spoke regarding the water system and how come there wasn’t any public comment offered on it. President Britto did mention that it was open for public comment. City Clerk, Samantha Burnett, confirmed that it was open for public comment and that she can provide a reference point in the last meeting to which it was offered. Questions were asked by Mr. Smith regarding the interconnections for the Bristol County Water Authority. Both Solicitor Marcello, Councilman Mourato and Council President Britto addressed Mr. Smith’s inquires to the best of their ability.

2.       Jason Rafferty spoke on , “Wire Drop – Riverside Renaissance Movement and “Waterfront Commission”

3.       K. Eric Drop spoke on two items: “Wire Drop” and the “Waterfront Commission”

 

IX.                APPOINTMENTS – FOR VOTE

 

a)      Melissa Spurr – Economic Development Commission

(Sponsored by: Councilman Cahoon)

Unanimous consent made to move this before the Green LLC presentation.

Councilman Cahoon presented, as this is a mayoral appointment with Council approval.

Motion to approve Ms. Spurr’s appoint made by Councilman Cahoon. Motion seconded by Councilman Mourato. Motion passes unanimously.

 

X.                  COUNCIL MEMBER COMMUNICATIONS

 

a)      Waterfront Commission Discussion-Status and Project Updates

(Council Vice-President Bob Rodericks)

Bill Fazioli, Chairman-Waterfront Commission

Bill Fazioli, Chairman-Waterfront Commission, Diane Feather, Acting Planning Director and Executive Director –Waterfront Commission, Pamela Sherrill presented to the Council. Council Vice President Rodericks introduced the topic. Mr. Fazioli updated the projects such as Colonial Mills moving to Rumford, Residences at Bold Point, Kettle Point, University Orthopedics and Bold Point Concert Series.

 

b)      Rhode Island Ethics Commission Training – Code of Ethics

(Council President Britto)

Council President Britto stated it would be good for the Boards and Commissions and elected officials within the City to have a 45 minute- 1 hour presentation on Rhode Island Ethics through the Ethics Commission.

 

c)       City Council/Mayor Charter Provisions and Legal Interpretation

(Councilman Cahoon)

Councilman Cahoon spoke on the various items that were presented themselves in most recent Council meetings. Concerns with the Solicitor’s memo, Councilman Cahoon had a difference in opinion than the City Solicitor and did not read the Charter the same way. Councilman Cahoon has sat down with the Mayor to discuss this and hear his concerns. Councilman Cahoon mentioned that this is something to resolve this is nothing short of a resolution, ordinance, or memorandum of agreement and proposed that the Council talk through this, sit down, list the things that they are looking for and sit with the mayor and do the same. Councilman Cahoon did suggest that it may be a good idea for both the Council and Mayor have their own individual counsel for this scenario.

 

d)      Department Heads Aid to Inquiry for Council Legislation (Charter Inquiry)

(Councilman Mourato)

Councilman Mourato spoke regarding the importance of having department heads consistently being available for Council meetings as needed, as they provide additional insight to helping the Council formulate legislation. Out of 20 municipalities asked about this scenario of requesting department heads at meetings, they all allow this. After discussion with the Mayor and other members of the Council, they decided to keep this item in mind and what can be done to resolve the concerns by both the Mayor and Council.

 

e)      Police Department Accreditation Process for East Providence

(Councilman Mourato)

Councilman Mourato stated that deductibles will go up for any police department that is not accredited. For East Providence, this will look like a deductible increase of $2,500 to $75,000 per incident involving a police officer.

Marc Furtado stated that it has been in the works for the last 18 months, according to Chief Nebus. Five people are assigned to the accreditation process. No finishing date was known.

 

f)        Riverside Power Drop for Community Events

(Councilman Mourato)

Councilman Mourato thanked Steve Coutu and Riverside Renaissance Movement for their assistance.

 

g)      Constituent Concerns Regarding Public Traffic Safety

(Councilwoman Sousa)

Deferring to next council meeting for further discussion. This item came as a request from constituents. John, Mary Street and Taunton Avenue were discussed. Councilwoman Sousa mentioned possibly erecting “wrong way” or “one way” signs. Six accidents have happened from Waterman Avenue to the Family Dollar Store just this year alone.

 

h)      2019 East Providence Day of Portugal Flag raising event

(Councilwoman Sousa)

Please see the Resolution Item C for the discussion.

 

i)        Rumford Bake Off at Hunt’s Mills – May

(Council President Britto)

Sunday, May 12, 2019 is the date of the bake off, with over 47 adults and 12 children have registered for this event. Open House for the new Educational Center will be going on during this time.

 

j)        National Nurses Week – May 6-12, 2019.

(Councilwoman Sousa)

Councilwoman took a moment to recognize the nurses in our community, naming the school nurses in the school district and the Senior Center and thanking them for their service.

 

k)      K-Rob Plaque Dedication Announcement

(Council Vice President Rodericks)

Council Vice President Rodericks announced the Ceremony along with the Winterfest Committee. Saturday, May 18, 2019 at noon at Ona Moniz Park.

 

XI.                ORDINANCES

 

a)      SECOND PASSAGE AND PUBLIC HEARING:

AN ORDINANCE  IN AMENDMENT OF CHAPTER 7 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “HEALTH AND SANITATION” – FOR THE VOTE

(Sponsored by: Councilwoman Sousa)

SEE ATTACHED FOR FULL ORDINANCE

Councilwoman Sousa spoke on this ordinance, with a 6 month “phase out” of plastic take out bags.

George Smith, resident, exercised his public comment right to speak on this ordinance. Three offers were offered for public comment by Council President Britto. No other approached the podium to speak. Public comment was then closed.

Council discussion to

Councilwoman Sousa made a motion to approve the ordinance as stated. Motion seconded by Council Vice President Rodericks. Motion passes unanimously.

 

MOTION TO EXTEND THE MEETING BY 15 MINUTES (PAST 10:00 P.M.) BY COUNCILWOMAN SOUSA, SECONDED BY COUNCILMAN MOURATO. MOTION PASSES UNANIMOUSLY.

 

b)      AN ORDINANCE IN AMENDMENT OF CHAPTER 13 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “PUBLIC PLACES” – FOR THE VOTE

(Sponsored by: Council President Britto)

SEE ATTACHED FOR FULL ORDINANCE

Michael Carlozzi, Director of Library Services was present. This ordinance’s intention was to allow the Board of Trustees for the Library sets the fines/fee structure. Question posed by Councilwoman Sousa for clarification of the ordinance. Solicitor Marcello responded to her question.

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

 

c)       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" – FOR THE VOTE

(Sponsored by: Councilwoman Sousa and Councilman Cahoon)

Motion made by Councilwoman Sousa to table the ordinance to a later date, to allow ample time to discuss. Seconded by Councilman Mourato. Motion passes unanimously.

 

SEE ATTACHED FOR FULL ORDINANCE

 

XII.              CONTINUED BUSINESS

 

a)      Bristol County Water Authority Pipeline Alternatives – FOR THE VOTE

(Council Vice President Rodericks)

Steve Coutu, Director-Department of Public Works for the City of East Providence was present to answer any remaining questions. This discussion in conjunction with Item 14, Resolution, Item D. Please refer to that item for the record of the vote.

 

b)      Sewer Abatement Process and Discussion

(Councilman Mourato)

Councilman Mourato tabled discussion to a future session.

 

XIII.            NEW BUSINESS

 

a.       REPORTS OF OTHER CITY OFFICIALS

 

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

 

XIV.            RESOLUTIONS

 

a)      RESOLUTION AUTHORIZING ADDITIONAL FUNDING ASSOCIATED WITH THE RUNNINS RIVER--WARREN AVENUE CULVERT PROJECT – FOR THE VOTE

(Councilwoman Sousa)

Councilwoman Sousa invited Mr. Coutu to the podium to speak on the nature of the resolution. Mr. Coutu stated that most of the work has been done on this project. J.H. Lynch is scheduled to begin on July 15, 2019, which they are anticipating a low flow period. All permits are in place. Meeting with Town of Seekonk is scheduled in the next week. Councilwoman Sousa motioned to approve this resolution. Motion was seconded by Council Vice President Rodericks. Motion passes unanimously.

 

SEE ATTACHED FOR FULL RESOLUTION

 

b)      RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE THE SOLID WASTE AND RECYCLING SERVICES AGREEMENT BETWEEN THE RHODE ISLAND RESOURCE RECOVERY CORPORATION AND THE CITY OF EAST PROVIDENCE – FOR THE VOTE

(Council President Britto)

RI Resource Recovery enter into a contract agreement with municipalities, negotiation did occur with our City, saving about $30,000. City Solicitor Marcello confirmed the review of the contract.

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

 

SEE ATTACHED FOR FULL RESOLUTION

 

c)       RESOLUTION IN CELEBRATION OF THE DAY OF PORTUGAL –FOR THE VOTE

(Councilwoman Sousa)

Councilwoman Sousa announced this will be the 3^rd year East Providence will be celebrating with the State of Rhode Island to celebrate the Day of Portugal, which is Monday, June 3, 2019 at 11:30 a.m. the event is open to the community. Traditional pastries, flag raising and a celebration of the Portuguese ancestry.

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

 

SEE ATTACHED FOR FULL RESOLUTION

 

d)      RESOLUTION ESTABLISHING A WATER TRANSMISSION INTERCONNECTION BETWEEN THE BRISTOL COUNTY WATER AUTHORITY AND THE CITY OF EAST PROVIDENCE

(Sponsored by: Council President Britto, Council Vice President Rodericks, Councilman Cahoon, Councilman Mourato, Councilwoman Sousa)

Councilman Cahoon stated that the item the Council seemed to move forward on, in the best interest of the City was Option 3. Councilman Cahoon made the motion to approve. The motion was seconded by Councilman Mourato. Motion passes unanimously.

 

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

Councilman Cahoon made the motion to reconvene into Executive Session. Prior to the vote, Councilwoman Sousa thanked and recognized the teachers in our community during Teacher Appreciation Week.

Motion seconded by Council Vice President Rodericks. Motion passes unanimously. 

 

XVI.            ADJOURNMENT - FOR THE VOTE

Motion to adjourn made my Councilman Cahoon, seconded by Council Vice President Rodericks. Motion passes unanimously. Meeting adjourned.

 

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