CITY OF EAST PROVIDENCE

JOURNAL-REGULAR COUNCIL MEETING

TUESDAY, JUNE 16, 2020

CALL TO ORDER: 6:00 P.M.

Council May Call Executive Session using the Zoom virtual meeting application

145 TAUNTON AVENUE - CITY COUNCIL CHAMBERS

EAST PROVIDENCE, RHODE ISLAND

 

RE-OPEN SESSION TO BE IMMEDIATELY FOLLOWED AFTER EXECUTIVE SESSION

AT APPROXIMATELY 6:15 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, Michael J. Marcello

City Clerk, Samantha N. Burnett

 

* As a result of the COVID-19 pandemic, and the closure of City Hall, this meeting will be conducted virtually, through an application called, “Zoom”.

 

IN ORDER TO PARTICIPATE, USE THE FOLLOWING OPTIONS:

 

1.         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 number:

PASSCODE: 653929

 

2.         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:

PASSCODE: 653929

 

Once entered you will be able to view and listen to the meeting. At the appropriate time for public comment the moderator of the meeting will allow you to provide comment at the meeting.

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

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

 

In addition, written public comment on any agenda item can be submitted by emailing the office of the City Clerk at

sburnett@cityofeastprov.com or mailed to

City Clerk, 145 Taunton Avenue, East Providence, RI 02914

Attn: Public Comment.

 

A drop box is also available at City Hall.

 

All written public comment must be received by 5:30 p.m. on June 16, 2020.

If you intend to speak on any agenda topic for public comment, please call the City Clerk at 401.435.7596 to reserve your spot by 5:30 p.m. the day of June 16, 2020.

 

I.          CALL TO ORDER – Council President Britto calls the meeting to order and requests a roll call.

II.         INVOCATION

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

Council Vice President Rodericks made the motion to enter into Executive Session. Seconded by Councilman Mourato. Motion passes unanimously, 4-0 with Councilwoman Sousa absent for the vote.

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

 

a)   Claims

1.   Alex Mazika

Member	Aye	Nay
Cahoon
Mourato
Rodericks
Sousa
Britto

 

b)   Sewer Charge Abatements

1.   Khalil Rahme

Member	Aye	Nay
Cahoon
Mourato
Rodericks
Sousa
Britto

 

III.        OPEN SESSION

IV.        PLEDGE OF ALLEGIANCE

V.         MOTION TO SEAL MINUTES FROM EXECUTIVE SESSION

Councilman Cahoon made the motion to seal the minutes from Executive Session.

Seconded by Councilman Mourato.

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

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

 

VI.        CONSENT CALENDAR

 

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)   COUNCIL JOURNALS/MINUTES OF THE MEETING

1.   City Council Meeting: Open and Executive Session on June 2, 2020.

 

2.   TAX ABATEMENTS

2020	$4,253.87
TOTALS	$4,253.87

 

Councilman Cahoon made the motion to approve the consent calendar. Seconded by Council Vice President Rodericks. Motion passes unanimously, 4-0 with Councilwoman Sousa absent for the vote.

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

 

VII.       LICENSES NOT REQUIRING PUBLIC HEARING

 

a)   Hawker’s License

 

1)   Keystone Fireworks

Melissa Korsak

Location(s): 1235 Wampanoag Trail, 02915, 40 Highland Avenue, 02914

Council discussed concerns and reviewed logistics with the applicant. All paperwork has been turned in to the City Clerk.

Motion to approve made by Coucilman Cahoon.

Seconded by Councilman Cahoon.

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

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

 

2)   New England Novelty

Keith Lambert

Location: 141 Newport Avenue, 02916

Applicant not present. All paperwork has been turned in to the City Clerk’s office. Applicant is looking to sell the fireworks inside the building and not outside. This is where Phantom Fireworks was stationed last year.

Motion to approve made by Councilman Mourato.

Seconded by Councilman Cahoon.

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

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

 

PUBLIC COMMENT

*See Page 1 regarding log in instructions to participate.

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.

No parties signed up for public comment prior to the meeting.

 

VIII.      COUNCIL COMMUNICATIONS

No Council communications for this meeting.

 

IX.        CONTINUED BUSINESS

 

a)   Net Metering Credit Discussion by Green Development

In relation to docket item:

“RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A ONE (1) YEAR AGREEMENT WITH GREEN ENERGY DEVELOPMENT, LLC REGARDING RENEWABLE ENERGY SAVINGS”

 

X.         NEW BUSINESS

 

a)   Mayor Communications

1.   Mayor’s Message of Disapproval and Veto of: Budget Ordinance Timeline COVID-19 Pandemic as passed by the East Providence City Council on June 2, 2020 entitled,

“AN ORDINANCE IN AMENDMENT OF CHAPTER 2 OF THE REVISED ORIDNANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTILTED, “ADMINISTRATION”

Mayor Dasilva addressed the Council to speak on behalf of the ordinance. The mayor stated that it is a good piece of legislation, but in the state of emergency, numbers are not yet known, and that created the move of a veto. A new one will be drafted.

Councilman Cahoon made a motion to accept the items a and b from the Mayor’s communication to the Council.

Seconded by Councilman Mourato.

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

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

 

2.   Notice of Mayor’s signature on various ordinances

Communication only, no discussion needed.

 

b)   Reports of Other City Officials

1.   City Solicitor’s Report - Claims Committee Report

-Mike Marcello

Report given.

 

2.   Recommendation from the Planning Board to the City Council:

Land transfer of a 2.9 acre parcel and 600 foot fishing pier located at Map 109, Block 1, Parcel 1.

Owner: Kettle Point, LLC.

-Bill Fazioli

 

3.   Tourism Escrow Account Opportunity – Discussion Only

-Bill Fazioli

Planning Director, William Fazioli was available to the Council. This will be a fishing pier for the public to enjoy.

Laura McNamara of the East Bay Chamber of Commerce was available to provide history of this effort and answer questions.

The amount of $430,000 reserved for the City is held by the Department of Revenue by the State of Rhode Island. Can be used for Rhode Island tourism benefits, but has to go to a tourism bureau. This was generated by a hotel tax. Councilman Mourato asked if by passing a resolution, does that “unlock” the money and available. There is an approval process, including a tourism bureau accepting the City of East Providence, Mr. Fazioli mentioned, as it supports tourism in our community. Council President clarified that this isn’t included, “on the books” with the City and Mr. Fazioli agreed with that. Council Vice President asked Ms. McNamara and Mr. Fazioli if we could be our own tourism bureau? The answer what Ms. McNamara said no, based off of her own experience of trying this in the past.

 

c)   Resolutions

 

1.   RESOLUTION PROPOSING AN AMENDMENT TO THE CITY CHARTER REGARDING CHARTER COMMISSIONS

Sponsored by: Councilman Mourato, Councilwoman Sousa and Councilman Cahoon

Councilman Mourato mentioned that he was going to have this on the July docket, but due to the timeline, he wanted to move it to this date to avoid missing any deadlines or issues.

Motion to pass the ordinance as amended was made by Councilman Mourato.

Seconded by Councilman Cahoon.

Discussion:

Councilman Cahoon mentioned that this is not an attempt to piecemeal changes to the Charter and offered to the public to vote on. The public will be very much involved with in deciding what their foundational governmental document looks like for the City. He invited anyone who would like to get involved, will have that opportunity moving forward. Councilman Cahoon thanked Councilman Mourato for the research and putting this forward.

Council President Britto asked Councilman Mourato if he could explain to the people what this amendment is about. Councilman Mourato read the resolution, (which is available as part of the June 16, 2020 docket packet available on the Secretary of State, ClerkBase and the Office of the City Clerk).

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

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

 

2.   RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A ONE (1) YEAR AGREEMENT WITH GREEN ENERGY DEVELOPMENT, LLC REGARDING RENEWABLE ENERGY SAVINGS

Sponsored by: Councilwoman Sousa

Christian Capezio, outside counsel was present. Members of Green LLC presented to the Council. (The presentation in printed content will be available at the City Clerk’s Office for inspection and reference).

Motion to approve the resolution as presented made by Councilman Cahoon.

Seconded by Council Vice President Rodericks.

Resolution passes 4-1, with Councilwoman Sousa not originally present for the vote, but arrived later and asked that her vote be recorded.

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

 

d)   INTRODUCTION OF ORDINANCES

 

Full ordinances on ClerkBase, under 06/16/2020 agenda:

https://clerkshq.com/EastProvidence-ri

 

1.   ORDINANCES VETEOED BY THE MAYOR

CITY COUNCIL CONSIDERATION AND POSSIBLE VOTE TO OVERRIDE/SUSTAIN VETO OF THE MAYOR OF AN ORDINANCE IN AMENDMENT OF CHAPTER 2 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTILTED “ADMINISTRATION”

As transmitted by the Mayor on June 12, 2020.

This is the formal vote following the Mayoral Communication.

City Solicitor Marcello explained that under the Charter 3.3-6 this is part of the veto format.

The City Clerk, Samantha Burnett, read the legal memo from the City Solicitor, Mike Marcello.

Roll call was made to reflect the question in purpose:

“Shall the ordinance and amendment to article 7 section 2-283 be approved notwithstanding the disapproval and veto of the mayor?”

The veto is sustained with a vote of 5-0.

 

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

 

2.   ORDINANCES FOR SECOND PASSAGE (PUBLIC HEARING)

 

A)  AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “VEHICLES AND TRAFFIC”

Section 18-269

(Location: Westwood Avenue and Hope Street)

Sponsored by: Council President Britto

Council President Britto stated that he had a meeting with the residents last night and came to the conclusion that it was not conducive and asked that it be stricken from the record. No vote was taken.

Later City Solicitor did mention that it will need to be voted down, since there is second passage.

Public Hearing offered. No one chose to speak. Public Hearing closed.

Motion to remove this item from the docket by Council Vice President Rodericks.

Seconded by Councilman Cahoon.

Motion passes unanimously.

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

 

B)   AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “VEHICLES AND TRAFFIC”

Section 18-247

(Location: Rice Avenue–one way modification)

Sponsored by: Councilman Cahoon

Councilman Cahoon introduced this ordinance and made the motion to approve for first passage. Seconded by Councilwoman Sousa.

Public Hearing offered. The City Clerk did mention that there was a Ms. LaRoche in the virtual audience in Zoom and her hand was raised. The City Clerk allowed her into the meeting to speak. Ms. LaRoche stated that she posted in the Question and Answer portion of the meeting that was relative to another item. She was tabled due to the meeting format but the Council did hear her item later in the meeting.

Public Hearing closed.

Motion passes unanimously.

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

 

C)   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 3-42

(Pertaining to dog parks in East Providence)

Sponsored by: Council President Britto

Public Hearing offered. No parties came forward to speak. Public Hearing closed.

Motion to approve made by Council Vice President Rodericks.

Seconded by Councilwoman Sousa.

Motion passes unanimously.

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

 

D)  AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “VEHICLES AND TRAFFIC”

Sec. 18-269

Vincent Avenue at Brown Street

Sponsored by: Councilman Cahoon

Public Hearing offered. No parties came forward to speak. Public Hearing closed.

Motion to approve made by Councilwoman Sousa.

Seconded by Councilman Cahoon. Motion passes unanimously.

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

 

XI.        RECONVENE IN EXECUTIVE SESSION (if necessary)

Not needed, but the Council allowed Ms. LaRoche to speak on her Public Comment regarding Rose Larisa Park, old Ray’s Market and the current condition, and how this relates to criminology. Councilman Cahoon read her statement that was posted in the Questions and Answer section. Council Vice President Rodericks did mention the owners of the property recently reached out to him and he referred them to City Hall in regards to this building.

 

XII.       ADJOURNMENT

Motion to adjourn made by Council Vice President Rodericks.

Seconded by Councilman Cahoon.

Motion passes unanimously. Meeting is 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