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CITY OF EAST PROVIDENCE

JOURNAL-REGULAR COUNCIL MEETING

TUESDAY, MAY 5, 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

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 May 5, 2020.

I. CALL TO ORDER – Council President Britto calls the meeting to order and requests a roll call by the City Clerk, Samantha Burnett. All members are present.

II. INVOCATION

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

(Litigation and Claims)

Councilman Cahoon made the motion to convene into Executive Session. Seconded by Council Vice President Rodericks. Motion passes unanimously.

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

a) Claims

1. Paula Butterworth

b) Litigation

1. GeoNova Development Co. vs. City of East Providence

C.A. No. PB-09-5341

Status Update/Settlement Proposal

2. Heritage Harbor Foundation v. City of East Providence (2020-01538)

Update on Litigation/Settlement proposal (tax appeal)

IV. NATIONAL ANTHEM PERFORMED BY LILY BOLARINHO

V. MOTION TO SEAL MINUTES FROM EXECUTIVE SESSION

Motion to seal the minutes from Executive Session by Councilman Cahoon. Seconded by Council Vice President Rodericks. Motion passes unanimously.

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

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

March 11, 2020: Special Session

March 17, 2020: Executive and Regular Session

April 7, 2020: Regular Session (No Executive Session Notes)

April 21, 2020: Regular Session (No Executive Session Notes)

Motion to approve the Consent Calendar made by Councilman Cahoon. Seconded by Councilman Mourato. Motion passes unanimously.

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.

Ms. Laroche posted at 7:12 a.m. the desire to speak during Public Comment but Public Comment had already been offered. The Council did allow her to speak, but it was towards the end of the meeting. She spoke on the former Ray’s Market area and its dilapidated state.

VII. MAYORAL APPOINTMENT – NO COUNCIL APPROVAL NEEDED

Antero Braga: Reappointment to Housing Authority

Term: 03/11/2020 – 3/12/2023

Item noted.

VIII. COUNCIL COMMUNICATIONS

1. Request Capital Improvement Budget for June

Council President Britto

The Council President requested a Capital Improvement budget snapshot to be delivered to them in June, to help the Council during their budget season.

2. Back to Work, Citywide COVID-19 Plan

Council President Britto

Council President Britto stated that he inquired and wanted to make sure that transitioning City employee transition from working remotely to working back in the office, including the City Senior Center for re-opening.

The City does have a plan and is following the CDC guidelines.

3. Current Financial State for the City of East Providence

Councilman Mourato

This item was listed due to residents wondering what the state of the City is in as we approach budget season.

IX. CONTINUED BUSINESS

1. Show Cause Dispositions/Agreements

a) Town Wine and Spirits

179 Newport Avenue

Rumford, RI 02916

b) Davenport’s Restaurant

1925 Pawtucket Avenue

East Providence, RI 02914

c) Riverside Liquors

225 Bullocks Point Avenue

Riverside, RI 02915

d) Gregg’s Restaurant

1940 Pawtucket Avenue

East Providence, RI 02914

Motion to accept the agreements made with the City Solicitor made by Councilman Cahoon. Seconded by Councilwoman Sousa. Motion passes unanimously.

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

X. NEW BUSINESS

a) Ratification of Executive Order 2020-022

Extension for the State of Municipal Emergency from May 5 to May 19, 2020

Motion to extend the order from May 5, 2020 until May 19, 2020 was 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

b) Petition for Zone Change

(Refer to Planning Board for Review and Recommendation according to East Providence City Ordinance 19-73)

Applicant: Marshall Development LLC

Property Address: 500 Veteran Memorial Parkway a/k/a Metacomet Golf Club

Plat/Lot: Assessor’s Map107, Block 15, Lot 001

Current Zoning: O-1 Open Space

Proposed Zoning: Waterfront District – New Metacomet Sub-District

See Proposed Use Table to Amend Section 19-481

Introduced by: Council Vice President Rodericks

Motion to refer to the Planning Board made 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

c) Resolutions to Amend the East Providence Home Rule Charter subject to voter approval at the November 2020 Election

1. RESOLUTION PROPOSING AN AMENDMENT TO THE CITY CHARTER REGARDING THE APPOINTMENT OF THE CITY SOLICITOR AND ASSISTANT CITY SOLICITOR

Sponsored by: Councilman Mourato

i. (Zoning Board-Explanation of Resolution: This resolution would change the appointment process of the Zoning Board from five (5) members appointed by the Mayor with city council approval, to one (1) member appointed by the Mayor with council approval and the remaining four (4) members appointed directly by the city Council.)

ii. (Planning Board-Explanation of Resolution: This resolution would also change the appointment to the planning board from seven (7) members appointed by the Mayor with Council approval to three (3) members appointed by the Mayor with Council approval and the remaining four (4) members appointed directly by the City Council.)

iii. (All Other Boards and Commissions-Explanation of Resolution. The resolution requires at least four(4) members of all city boards and commissions, unless otherwise specified in the Home Rule Charter, be appointed directly by the City Council (one resident from each ward) with the remaining membership to be appointed by the mayor with city council approval.)

Motion to table this resolution to the July 7, 2020 Council Meeting made by Councilman Mourato. Seconded by Council Vice President Rodericks. Motion passes unanimously.

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

d) Introduction of Ordinances

1. FIRST AND FINAL PASSAGE – (PUBLIC HEARING)

A) AN ORDINANCE IN AMENDMENT OF CHAPTER 19 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND 1998, AS AMENDED ENTITLED "ZONING"

Sponsored by Councilman Mourato and Council Vice President Rodericks

Full ordinance on Clerkbase, under 05/05/2020 agenda:

https://clerkshq.com/EastProvidence-ri

This is regarding the short term rental ordinance. Motion to approve for first and final passage made by Councilwoman Sousa. Seconded by Councilman Mourato. Public Hearing offered. No one came forth. Public Hearing closed.

Motion passes unanimously.

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

B) AN ORDINANCE OF THE COUNCIL OF THE CITY OF EAST PROVIDENCE APPROPRIATING $150,000 FOR THE SUPPORT OF SECURITY SYSTEM FOR CITY CLERK AND TREASURY

Sponsored by Councilman Cahoon and Councilman Mourato

Full ordinance on Clerkbase, under 05/05/2020 agenda:

https://clerkshq.com/EastProvidence-ri

Councilwoman Sousa made the motion to approve the ordinance. Seconded by Councilman Mourato. Motion passes unanimously.

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

2. ORDINANCES FOR SECOND AND FINAL PASSAGE (PUBLIC HEARING)

A) 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 Councilman Mourato and Councilwoman Sousa

Full ordinance on Clerkbase, under 05/05/2020 agenda:

https://clerkshq.com/EastProvidence-ri

Motion to approve made by Councilman Mourato. Seconded by Councilwoman Sousa. Motion passes unanimously.

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

3. ORDINANCES FOR SECOND PASSAGE WITH 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"

XVI. RECONVENE IN EXECUTIVE SESSION (if necessary)

Councilwoman Sousa mentioned that it was necessary for the Council to reconvene in Executive Session and made the motion to convene. Seconded by Councilman Cahoon, with the clarification that they would be convening to review claims and the Heritage Harbor Foundation. Motion passes unanimously. Council did reconvene back into Open Session. During this time, City Solicitor, Mike Marcello delivered his City Solicitor report to the public, disclosing what he could in Open Session.

XVII. ADJOURNMENT

Motion to adjourn the meeting made by Councilman Cahoon. Seconded by Councilwoman Sousa. Motion passes. Meeting is adjourned.

Member	Aye	Nay
Cahoon
Mourato
Rodericks
Sousa
Britto

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

I. CALL TO ORDER – Council President Britto calls the meeting to order and requests a roll call by the City Clerk, Samantha Burnett. All members are present.

II. INVOCATION

III. OPEN SESSION

IV. NATIONAL ANTHEM PERFORMED BY LILY BOLARINHO

V. MOTION TO SEAL MINUTES FROM EXECUTIVE SESSION

VI. CONSENT CALENDAR

PUBLIC COMMENT

VII. MAYORAL APPOINTMENT – NO COUNCIL APPROVAL NEEDED

VIII. COUNCIL COMMUNICATIONS

IX. CONTINUED BUSINESS

X. NEW BUSINESS

XVI. RECONVENE IN EXECUTIVE SESSION (if necessary)

XVII. ADJOURNMENT