CITY OF EAST PROVIDENCE

JOURNAL/MINUTES-REGULAR COUNCIL MEETING

TUESDAY, DECEMBER 15, 2020

CALL TO ORDER: 6:00 P.M.

145 TAUNTON AVENUE-CITY COUNCIL CHAMBERS

EAST PROVIDENCE, RHODE ISLAND

EXECUTIVE SESSION: CONFERENCE ROOM A

 

RE-OPEN SESSION TO BE IMMEDIATELY FOLLOWED AFTER EXECUTIVE SESSION

AT APPROXIMATELY 6:30 P.M.

 

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

 

City Solicitor, Mike Marcello

City Clerk, Samantha Burnett

 

As a result of the COVID-19 pandemic, this meeting will be conducted virtually, through an application called, "Zoom".

 

IN ORDER TO PARTICIPATE VIRTUALLY, USE THE FOLLOWING OPTIONS:

 

By phone:

Call the toll free number: 1-877-853-5247 (audio only) and enter the following information:

MEETING ID: 993-0796-0324

You will then be asked for the meeting passcode.

Enter the following passcode:

PASSCODE: 653929 (please note this is corrected)

 

By computer or Smartphone (this is the audio and video option):

To participate visually (with audio) you will need to log into the following from your computer

or smart

phone, go to: www.zoom.us

Enter the following information when prompted:

MEETING ID: 993-0796-0324

You will then be asked for the meeting passcode. Enter the following passcode number: 653929

Once entered, you will be able to join the meeting.

The meeting will also be available live on our city website, located at:

http://www.clerkbase.com/RI_EastProvidence_Live_CityCouncil.html

 

I. CALL TO ORDER: Council President Britto called the meeting to order. Councilman Mourato, Councilwoman Sousa, Council President Britto, Councilman Cahoon and Council Vice President were all present for the meeting. Roll call was made by City Clerk, Samantha N. Burnett.

 

II. INVOCATION OF EXECUTIVE SESSION –

No executive session was held.

 

The City Council of East Providence may meet in Executive Session pursuant to Rhode Island

General Laws §42-46-5 (a)(1) for the purpose of reviewing resumes for the selection of a special

attorney to advise and assist the City Council on eminent domain.

Member	Aye	Nay
Cahoon
Mourato
Rodericks
Sousa
Britto

 

·         Review and vote: Attorney submissions from RFP regarding eminent domain.

 

Member	Aye	Nay
Cahoon
Mourato
Rodericks
Sousa
Britto

 

III. OPEN SESSION – Please see item I, “Call to Order”

 

IV. PLEDGE OF ALLEGIANCE – Led by Council President Britto.

 

V. MOTION TO SEAL MINUTES FROM EXECUTIVE SESSION – Not necessary, no Executive Session was held.

Member	Aye	Nay
Cahoon
Mourato
Rodericks
Sousa
Britto

 

VI. COUNCIL DECISION AND VOTE DURING EXECUTIVE SESSION REGARDING ATTORNEY SUBMISSIONS FROM RFP REGARDING EMINENT DOMAIN.

 

Councilman Mourato stated that his choice was Cervenka, Green and Ducharme, LLC.

 

Councilman Cahoon stated that after using a decision making tool based on ability, rates and experience. Based on that, his choice was Salter, McGowan, Sylvia and Leonard.

 

Councilwoman Sousa stated that a couple stood out to her and wanted to wait on the conversation during the meeting. She stated that she thinks there are some good choices. She is reserving her choosing for her vote.

 

Council Vice President Rodericks stated that he will be voting tonight to select an attorney with a prior position, that he still feels it important, that he would have preferred to go with an appraisal before we go forward and start with a court process. He wanted to add a caveat that when the motion is made that the fee does not exceed the legal services line item in our City Council budget, which was found to be $75,000. After looking at the four applicants, one did not even submit a rate, while the other three did. The attorney that Councilman Mourato preferred states in the cover letter that they disclosed they did not have much experience in eminent domain. Council Vice President mentioned that he leaning towards Salter, McGowan, Sylvia and Leonard.

 

Council President Britto stated that in reference to a previous conversation, he feels it was his duty and responsibility to look into this and will be voting this evening. He called each and every attorney that applied. Some attorneys expressed concerns about this scenario, some of which points our City Solicitor had already advised the Council on previously. Council President Britto stated that the resumes were one part, but the other was having an actual conversation with the applicants. He liked what he heard, he liked the pricing they were offering and that was from Salter, McGowan, Sylvia and Leonard.

 

Council President Britto stated that if anyone had any closing remarks, or if they would like to go on to vote. He did add that when it was time to vote, that we just vote and not add additional discussion. Once the vote has been taken, the information will be given to the City Clerk and she will contact the lawyer. Council President Britto also added that for the record, he was not against eminent domain.

 

Council Vice President Rodericks did state that all the rates are pretty much the same, for the exception of the Cervenka, Green and Ducharme, LLC who offered a blended rate at $295/hour. The Harsh firm did not submit a rate, but did Council President Britto reach out and found his hourly rate was $185/hour and $110/hour for paralegals. He also indicated that he did not have any significant experience in eminent domain. Salter, McGowan, Sylvia and Leonard submitted a rate of $295/hour with $125/hour for paralegals. Partridge, Snow and Han was the highest with various rates.

 

Councilman Mourato thanked Councilman Cahoon for how he came to his conclusion. Councilman Mourato stated that he based his choice based of talking with them and get a feeling for more than what’s on paper. He mentioned that he doesn’t want an attorney that is biased. He mentioned about Mr. Weiner who is connected politically and his concerns associated with that. Councilman stated that in order to get to where we want to get to, there are many steps that need to be taken, and sometimes it may require the attorney to get there initially. He agreed that we do need the appraisal, but we also need the proper avenue to get the appraisal done, so everyone is on the same page. Then re-analyze the situation.

 

Councilman Cahoon stated that if Councilman Mourato is concerned about political concerns, this particular attorney has served as the minority counsel for a number of years. He is someone who is used of dealing with the opposition. That gave Councilman Cahoon the confidence that he would be able to operate independently.

 

Council President Britto stated that if we are going to go forward with this, which by all means he doesn’t want to, but if we are, that we should do it right and that we should have a legal counsel representing the City in the right way and that’s how and why he came to his conclusion.

Councilman Cahoon mention that he’s heard a lot of concern from the community that the Council is even considering spending money for this. He stated that it couldn’t be any more short sided. The Council had the foresight because they knew they would encounter some decisions that would require expert advice. Some of the most important decisions of the Council, are some that will impact the community for generations and used the high school as an example.

 

Motion made by Councilman Cahoon to retain the services of Salter, McGowan, Sylvia and Leonard and the Council will not spend over the $75,000 which is its budget line for legal services.

 

Council Vice President Rodericks seconded the motion.

 

Motion passes 4-1.

 

City Solicitor Michael J. Marcello did state that a fee agreement be drafted. Solicitor Marcello stated that he will reach out to the attorney.

Councilman Mouarto requested clarification that the Council is the client. It was clarified that the Council is the client by Council President Britto, since the Council is hiring the attorney.

 

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

 

VII. ADJOURNMENT

Council Vice President made the motion to adjourn. The Councilman Cahoon seconded the motion. Motion passes 5-0. Meeting adjourned.

Member

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