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CITY OF EAST PROVIDENCE

DOCKET-REGULAR COUNCIL MEETING TUESDAY, SEPTEMBER 1, 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

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 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 number:

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 August 11, 2020.

Please note public comment must pertain to a docket item only.

I. CALL TO ORDER

Meeting was called to order by Council President Britto. Roll call made by the City Clerk, Samantha Burnett. All Council members were present, forthe exception of Councilman Mourato, who arrived during Executive Session.

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)

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

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

a) Update on Streetlight Litigation - Assistant City Solicitor, Dylan Conley

b) Claims

1. Benying Chen

2. Daniel B. Kanavage

3. Matthew S. Martin III

4. Judith Phillips

5. Marjorie Smith

c) Sewer Charge Abatements

1. William Medeiros

III. OPEN SESSION

IV. PLEDGE OF ALLEGIANCE

V. MOTION TO SEAL MINUTES FROM EXECUTIVE SESSION

Motion to seal minutes from Executive Session made by

Member	Aye	Nay
Cahoon
Mourato
Rodericks
Sousa
Britto

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.

COUNCIL JOURNALS/MINUTES

City Council Meeting, Open Session: August 4,2020

TAX ABATEMENTS

Motion to approve the consent calendar made by Councilwoman Sousa. Seconded by Councilman Cahoon. Motion passes unanimously.

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

VII. LICENSING NOT REQUIRING PUBLIC HEARING

Dollar Tree -1050 Willett Avenue, Riverside 02915

Holiday Sales

Motion to approve by Councilman Cahoon. Seconded by Councilwoman Sousa. Motion passes unanimously.

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

Chong Qing House - 188 Taunton Avenue, East Providence 02914

Holiday Sales

Motion to approve made by Councilwoman Sousa.Seconded by Council Vice PresidentRodericks.

Motion passes unanimously.

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

VIII. COMMUNICATIONS

NO COMMUNICATIONS SUBMITTED.

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. Public comments must pertain to a docket item.

1. Kristina Ricard spoke regarding theproposedZone change bySchiavo Enterprises.

VIII. APPOINTMENTS

Mayoral Appointments with Council Approval

Matthew Robinson - Alternate Member - Zoning Board (Term: 9/1/2020-6/3/2024)

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

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

Andrew Cotton - Alternate Zoning Board (Term: 9/1/2020-5/16/2020)

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

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

IX. COUNCIL COMMUNICATIONS

a) Three Way Stop Sign on James Street Discussion - Councilwoman Sousa

Officer Andrews was presentand spoke on this item, stating thatit didn't seem necessary to have the three waystop sign on James Street.

b) Abbot Street Swall and Culvert Replacement: Update on Runnins River 2020 Maintenance Discussion - Councilwoman Sousa

c) Carpionato/Newport Avenue Project Update - Council Vice President Rodericks

Kelly MacArthur Coates was present from the Carpinato Group. Mr. Coates stated that construction should be underway within the year.

d) Setting the date for the second public hearing/voting date - Councilwoman Sousa and Councilman Cahoon

Date was set for the public hearing and possible final vote for the zoning change for Metacomet property on Friday, September25, 2020 at 6:00 p.m. at the East Providence High School Auditorium.

e) Budget Time and Schedule East Providence FY 2021 - Councilman Mourato

Preliminary dates were set for budget sessions by the Council. They will hold budget sessions on September 22, September 24, and October 1. Meetings will run 6:30-8:30 p. m.

f) Status of Updated Comprehensive Plan - Councilman Cahoon

g) Update on New East Providence High School - Councilman Cahoon

h) Wampanoag Meadows Advisory Opinion - Councilman Mourato

i) Parking and Traffic Access on Unity Avenue - Councilman Cahoon

X. NEW BUSINESS

1. Mayor Communications

EXECUTIVE ORDER 2020-039: EXTENSION OF STATE OF MUNICIPAL EMERGENCY TO SEPTEMBER 16, 2020.

Motion to approve made by Councilman Cahoon. Seconded by Council Vice President Rodericks. Motion passes4-1.

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

2. Mayor's Request for Council to Approve Previously Allocated but Unapproved Projects from FY 2020 budget (Communication only, no vote)

3. Reports of Other City Officials

1. City Solicitor's Claims Report - Assistant City Solicitor, Dylan Conley

2. Metacomet Recommendation, submitted by East Providence Conservation Commission (Communication Only)

3. Handicap Parking Request

7 Carpenter Street, 02914

-Steve Coutu, Director of Public Works

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

c) INTRODUCTION OF ORDINANCES

Full ordinances on ClerkBase, under 08/11/2020 agenda:

https://clerkshq.com/EastProvidence-ri

1. ORDINANCES FOR FIRST PASSAGE

A) AN ORDINANCE IN AMENDEMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTILTED "VEHICLES AND TRAFFIC"

Section 18-315

Sponsored by: Councilwoman Sousa

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

B) 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"

Section 7-30

Sponsored by: Councilwoman Sousa

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

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

C) AN ORDINANCE IN AMENDMENT OF CHAPTER 6 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "GARBAGE AND REFUSE"

Article III and IV

Sponsored by: Councilwoman Sousa

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

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

D) AN ORDINANCE IN AMENDEMENT OF CHAPTER 7 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED, "HEALTH AND SANITATION"

Article III

Sponsored by: Councilwoman Sousa

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

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

E) AN ORDINANCE IN AMENDMENT OF CHAPTER 4 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "BUILDINGS AND BUILDING REGULATIONS"

Sections 4-140, 4-161, 4-331

Sponsored by: Councilwoman Sousa

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

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

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

Unanimous consent granted by the Council to move this ordinance up and out of it's natural order on the docket.

A) PUBLIC HEARING:

Owners: Newport & New Road, LLC; Mary H. Costa; Joseph W. Sturm & Rebecca A. Reis; City of East

Providence

Petitioner: Schiavo Enterprises, LLC

Street address: Newport Avenue, New Road, Moore Street and Pine Grove Street

Location: Map 401, Block 8, Parcell, 2, 3 and 4

Public Hearing offered.

Speakers against the proposed changes: Kristina Ricard, Dustin Derman (change.org petition added to record of Counci/Journal), Patricia Buteau, Diane Benson, Diana Richardson, Chris Salomito, Heather Andrade, Lauren Leonard, Brianne Hicks, Lynn Miller, 'Donald Pantalone.

Written correspondence against the zoning change received by: Thomas Tague, Cathy Tague, Lorraine

Sewell, Mary Jane McDonald, David Faria.

Speakers for the proposed zone changes: Joseph Stern.

Written correspondence for the proposed changes received from: Tejal Santoro, Satish Raichura, Newt Heston, Sean Heston.

There was also written correspondence received by Deborah Oremond, requesting the Councilpause and further assess.

B) AN ORDINANCE IN AMENDMENT OF THE CITY OF EAST PROVIDENCE 2010-2015 COMPREHENSIVE PLAN UPDATE

Requested by: Schiavo Enterprises, LLC.

Motion to approve the amendments made to reflect restrictions made by Council Vice President Rodericks. Seconded by Councilwoman Sousa. Motion passes 4-1.

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

Motion to approve ordinance as amended made by Council Vice President Rodericks. Seconded by

Councilwoman Sousa. Motion passes 3-2.

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

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

Requested by: Schiavo Enterprises, LLC.

Motion to approve by Council Vice President Rodericks. Seconded by Councilman Mourato. Motion passes 4-1.

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

3. 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: Councilwoman Sousa

*Ordinance to be withdrawn by sponsor.

E) AN ORDINANCE IN AMENDMENT OF CHAPTER 6 OF THE REVISED ORDINACES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "GARBAGE AND REFUSE"

Article III and IV

Sponsored by: Councilwoman Sousa

*Ordinance to be withdrawn by sponsor.

F) AN ORDINANCE IN AMENDEMENT OF CHAPTER 7 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED, "HEALTH AND SANITATION"

Article III

Sponsored by: Councilwoman Sousa

*Ordinance to be withdrawn by sponsor.

G) AN ORDINANCE IN AMENDMENT OF CHAPTER 4 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED "BUILDINGS AND BUILDING

REGULATIONS"

Sections 4-140, 4-161, 4-331

Sponsored by: Councilwoman Sousa

*Ordinance to be withdrawn by sponsor.

H) AN ORDINANCE IN AMENDEMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTILTED "VEHICLES AND TRAFFIC"

Section 18-315

Sponsored by: Councilwoman Sousa

*Ordinance to be withdrawn by sponsor.

Motion made to batch items 0-H to remove these items from the docket by Councilwoman Sousa. Seconded by Councilman Cahoon. Motion passes unanimously.

I) TWO HOUR PARKING ORDINANCE FOR J. MEDEIROS WAY

Section 18-312

Sponsored by: Council Vice President Rodericks

Motion to approve made by Council Vice President Rodericks. Seconded by Councilman Cahoon. Public Hearing offered. No one came forward. Public Hearing was closed. Motion passes unanimously.

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

XI. RECONVENE IN EXECUTIVE SESSION (if necessary)

XII. ADJOURNMENT

Motion to adjourn made by Councilwoman Sousa. Seconded by Councilman Cahoon. 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