CITY OF EAST PROVIDENCE

DOCKET-REGULAR COUNCIL MEETING TUESDAY, OCTOBER 6, 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 6:15 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

 

Solicitor, Michael J. Marcello

City Clerk, Samantha N.  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:

PASSCODE: 653929

 

Once entered, you will be able to join the meeting. At the appropriate time for public comment the moderator will allow you to provide comment at the meeting.

 

 

The meeting will also be available 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 City Clerk at: sburnett@eastprovidenceri.gov or mailed/dropped off at: City Hall, Attention: City Clerk, 145 Taunton Avenue, East Providence, Rhode Island 02914

All written public comment must be received by 4:00 p.m. on October 6, 2020.

Please note public comment must pertain to a docket item.

 

I.         CALL TO ORDER

Call to order made by Council President Britto. Roll call was requested by the Council President Britto. City Clerk, Samantha Burnett produced a roll call. All members were present for the exception of Vice President Rodericks.

II.            INVOCATION OF EXECUTIVE SESSION

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

Motion to invoke Executive Session by Councilman Cahoon. Motion seconded by Councilwoman Sousa. Motion passes unanimously, 4-0 with Council Vice President Rodericks absent.

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

 

1.       New Claims

A) Kristy and Richard Corbett

B) Patricia and William Dawson

 

2.       Pending Claims

A)  Daniel B. Kanavage

 

3.       Sewer Claims

A) Bruce Blaydes, Jr.

B) Terrance Blafore

C) Joseph E. Braganca

D) Holy Ghost Brotherhood Mariense

E) Valerie Jenkins

F) Mass Associates, LLC

G) Evanisio Oliveira

H) Sean O’Rourke

I)   Lee Oulette

 

 

III.           OPEN SESSION – Council President Britto called the meeting into Open Session.

IV.          PLEDGE OF ALLEGIANCE - Led by Council President Britto

V.            MOTION TO SEAL MINUTES FROM EXECUTIVE SESSION

Motion to seal the minutes from Executive Session made by Councilman Cahoon. Motion seconded by Council Vice President Rodericks. Motion unanimously passes 5-0.

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

City Council Minutes: Special Sessions for September 15, September 22, September 24, September 25 and October 1, 2020.

B) TAX ABATEMENTS: $3,243.27 for 2020

Councilwoman Sousa made the motion to approve. Motion seconded by Councilman Cahoon. Motion passes unanimously, 5-0.

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

 

VII.         LICENSING NOT REQUIRING PUBLIC HEARING

 

1.       One Day Entertainment License

A) 65 Gerald Street, 02915

Type of Entertainment: Band

Date and Time of Event: October 17, 2020 and 10 a.m.-3:00 p.m.

Applicant not present. All information has been submitted by the Clerk’s office. Location is a house. Motion to approve made by Council Vice President Rodericks. Motion seconded by Councilman Cahoon. Motion passes unanimously, 5-0.

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

 

B) JDP Theatre, 1336 Pawtucket Avenue, 02914

Type of Entertainment: Halloween Music/Pumpkin Patch

Date and Time of Event: October 24, 2020 (Rain Date: October 25, 2020) 7:00 p.m.-9:00 p.m.

Applicant not present. All information has been submitted by the Clerk’s office. Motion to approve made by Councilman Cahoon. Motion seconded by Councilwoman Sousa. Motion passes unanimously, 5-0.

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

 

2.       HOLIDAY SALES

A) GILMORE’S FLOWER SHOP – 76 TAUNTON AVENUE, 02914 (APPLICANT: MITCHELL CHECK)

Applicant was present. Motion to approve made by Councilman Cahoon. Motion seconded by Council Vice President Rodericks. Motion passes unanimously, 5-0.

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

 

3.       APPLICATION FOR VICTUALING LICENSE

A) CLASS 3 - BELIEVE NUTRITION AND WELLNESS, INC., 68 TAUNTON AVENUE, 02914

APPLICANT: SILVIA QUEZADA AND BIANCA FERMINO

Applicants were present. All information has been submitted as needed to the City Clerk’s office. Motion to approve made by Councilwoman Sousa. Motion seconded by Councilman Cahoon. Motion passes unanimously, 5-0.

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

 

4.       APPLICATION FOR SECONDHAND DEALERS AND JUNKYARDS (AUTOS AND TRUCKS)

A) JC AUTO REPAIR, 360 TAUNTON AVENUE, 02914

All items are in order with the City Clerk. Motion to approve by Councilman Cahoon. Motion seconded by Councilwoman Sousa. Motion passes unanimously, 5-0.

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

 

VIII.        COMMUNICATIONS

1.      Gary Menissian – Ocean State Multisport Road Race, “Chilly Willy” Running Festival on January 1, 2021 at Pierce Field.

All paperwork has been submitted through the City Clerk’s office including the COVID plan for this event. Motion to approve made by Councilman Cahoon.

Motion seconded by Council Vice President Rodericks.

Motion passes unanimously, 5-0.

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

 

2.      Karen Zyons - 14^th Annual Providence Marathon on May 2, 2021.

Tabled for more information. Applicant was not present.

Motion to table by Councilman Cahoon. Seconded by Councilman Mourato.

Motion passes unanimously, 5-0.

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

 

PUBLIC COMMENT

*See Page 1 regarding log in instructions to participate via Zoom*

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. Public comments must pertain to a docket item.

1.       Nicholas Heman attorney, Darrow and Everett regarding the proposed Tree Preservation Ordinance.

City Solicitor, Michael Marcello approached the podium and shared information about property rights and referenced the current scenario with Marshall Development along with the proposed tree preservation ordinance. Council President Britto did say to Mr. Heman if his client could hault with the trees at this point in time. No response given back.

2.       Candy Seel – spoke regarding two resolutions and one ordinance: Comprehensive Plan Advisory Board, Tree Preservation Ordinance and amended Street and Sidewalk Ordinance.

3.       Greg Olson spoke regarding Metacomet and in support of the tree resolution.

City Solicitor Michael Marcello addressed the point of Cease and Desist Orders and stated there is no such order that exists in the State of Rhode Island or in the City of East Providence to cut down their trees.  You can only issue a Cease and Desist order if the person is legally violating a law. Solicitor Marcello mentioned the possibility of DEM if there were wetlands.

4.       Terrance Proper – spoke in regards to Metacomet.

5.       James Cunningham – regarding Metacomet.

6.       Jenn Tierney – amendment of ordinance regarding streets and sidewalks. She spoke on behalf of the East Providence (EP) Urban Forest.

7.       Lili Farhane – spoke in regards to Metacomet.

8.       Jordan Verner – spoke in regards to the Tree Preservation Ordinance.

IX.           APPOINTMENTS

Motion to approve all appointments with staggered terms by Council Vice President Rodericks. Motion seconded by Councilwoman Sousa. Motion passes unanimously, 5-0.

1.       Margarette Marcotte – Board of Trustees, Library (Councilman Cahoon)

2.       Patricia Armstrong – Board of Trustees, Library (Council Vice President Rodericks)

3.       Betsy Ingraham – Board of Trustees, Library (Council President Britto)

4.       Don Paiva – Board of Trustees, Library (Councilman Mourato)

 

X.            COUNCIL COMMUNICATIONS

1.       Eminent Domain Letter Regarding Metacomet Property from Representative Gregg Amore

Council Vice President Rodericks

Council Vice President Rodericks was present and available for discussion on this item. He referred to Representative Amore’s letter regarding eminent domain.

 

2.       Community Meeting – Ward 4/Riverside

Councilman Mourato

Announcement made by Councilman Mourato’s open air community meeting this Saturday 1-3 p.m. at Rose Larissa Park.

      

XI.           NEW BUSINESS

 

a) Mayor Communications

Executive Order 2020-043: extending state of emergency through October 20, 2020.

Director Gonsalves was present and available to the Council.

Motion to approve made by Councilman Cahoon.

Motion seconded by Councilwoman Sousa.

Motion passes unanimously, 5-0.

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

 

b) Reports of Other City Officials

1.) City Solicitor’s Claims Report – City Solicitor, Michael J. Marcello

City Solicitor, Michael Marcello was available to share the Claims Report with the public.

 

2.) Handicapped Parking Request – 116 Sherman Street, 02915 –DPW Director, Stephen Coutu

(Introduced by Council Vice President Rodericks)

Council Vice President Rodericks made the motion to approve. Motion seconded by Councilman Mourato. Motion passes unanimously, 5-0.

 

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

 

c) RESOLUTIONS

Full resolutions on ClerkBase, under 10/06/2020 agenda:

https://clerkshq.com/EastProvidence-ri

 

1.       RESOLUTION PROPOSING A COMPREHENSIVE PLAN AMENDMENT ADVISORY BOARD

Sponsored by: Councilman Mourato

Committee must be comprised of members that are residents of the City, each Council member has two appointments each.

Motion to approve made by Councilman Mourato.

Motion seconded by Councilwoman Sousa.

Motion passes unanimously, 5-0.

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

 

2.       RESOLUTION SUPPORTING RESOLUTIONS BY THE HOUSE OF REPRESENTATIVES AND SENATE OF THE STATE OF RHODE ISLAND REQUESTING EAST PROVIDENCE CITY COUNCIL TO CONSIDER PURCHASING THE METACOMET GOLF CLUB AS OPEN SPACE

Sponsored by: Councilwoman Sousa, Councilman Cahoon, Councilman Mourato and Council Vice President Rodericks

Councilman Cahoon read the resolution. Discussion was had by the Council. Councilman Cahoon asked the administration to have additional information regarding financial questions regarding going down the path of eminent domain for the November 3, 2020 Council meeting and city options are legally for making sure the property stays that way. Council Vice President Rodericks contributed to the discussion, stating that hopefully the administration can give us the legal path towards eminent domain. Council President Britto stated his concern, thinks this is a poor decision, we don’t have this money for this and there are many other infrastructure projects needing our attention. Motion to approve the resolution as read by Councilwoman Sousa. Motion seconded by Councilman Mourato. Motion passes 4-1.

 

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

 

XII.         INTRODUCTION OF ORDINANCES

Full ordinances on ClerkBase, under 10/06/2020 agenda:

https://clerkshq.com/EastProvidence-ri

 

1.  ORDINANCES FOR FIRST PASSAGE

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”

Sponsored by: Councilman Mourato

Motion to approve by Councilman Mourato. Motion seconded by Councilman Cahoon. Motion passes unanimously, 5-0.

 

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

 

 

B) 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"

Sponsored by: Councilwoman Sousa

After much discussion from the Council, City Solicitor, Michael Marcello suggested the Council pause on this ordinance, looking at this ordinance in a different way, in legal way, that protects the City from further liability.

Ordinance was tabled by the request of Councilwoman Sousa.

 

XIII.        RECONVENE IN EXECUTIVE SESSION (if necessary)

Council deemed it not necessary.

Moment of silence declared by Councilman Cahoon for lost Townie who passed away, Mrs. Nancy Amore, relative of Representative Gregg Amore.

Motion to adjourn in Mrs. Amore’s memory by Council Vice President Rodericks. Motion seconded by Councilman Cahoon. Motion passes unanimously, 5-0.

XIV.        ADJOURNMENT

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 at least 48 hours prior to the meeting date.