CITY OF EAST PROVIDENCE

JOURNAL/MINUTES DOCKET-REGULAR COUNCIL MEETING

TUESDAY, OCTOBER 4, 2022

CALL TO ORDER: 6:30 P.M.

145 TAUNTON AVENUE-CITY COUNCIL CHAMBERS

EAST PROVIDENCE, RHODE ISLAND

EXECUTIVE SESSION: CONFERENCE ROOM A

 

OPEN SESSION WILL IMMEDIATELY FOLLOW EXECUTIVE SESSION

 

Notice: The meeting will also be viewable live at: https://www.youtube.com/channel/UC0YEW6s1RpjcKR47VMil1LA

 

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

Deputy City Clerk, Leah Stoddard

 

 

I.          CALL TO ORDER

Roll Call

 

Cahoon__X___ Mourato__X___ Rodericks__X___ Sousa __X___ Britto__X___

 

II.        SALUTE TO THE FLAG

 

-          Salute to the flag led by Council President Britto

 

III.       EXECUTIVE SESSION

 

The City Council of East Providence may meet in Executive Session,

            pursuant to RIGL §42-46-5 (a)(2)

 

-          Motion made by Councilman Cahoon to enter into executive session.  Motion seconded by Councilwoman Sousa.  Motion passes 5-0.

 

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

 

A. Discussion and final approval of resolution and settlement agreement on the following tax appeal   matters:

Providence &Worcester Railroad vs. City of East Providence Tax Appeals

C.A. Nos. PC-2013-6547, PC-2014-6167, PC-2014-3248, PC-2015-5239, PC-2016-5368, PC-2017-5825, PC-2020-2502

 

            B. Sewer Abatements

            1. Shane Pollock

            2. St. Martha’s Church

            3. Renee Duarte

 

IV.       RECONVENE TO OPEN SESSION

 

Cahoon__X___ Mourato___X__ Rodericks__X___ Sousa __X___ Britto__X___

 

V.        MOTION TO SEAL EXECUTIVE SESSION MINUTES

 

-          Motion made by Councilman Cahoon to seal executive session minutes.  Motion seconded by Councilwoman Sousa.  Motion passes 5-0.

 

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

 

VI.       CONSENT CALENDAR - For discussion and possible vote

 

            A. COUNCIL JOURNALS:

            1. Executive session minutes September 20, 2022

            2. Regular meeting minutes September 20, 2022

            3. Budget session minutes September 26, 2022

 

B. TAX ABATEMENTS

Year	Amount
2022	$1,225.42
Total	$1,225.42

 

C. PREVIOUSLY APPROVED PERMITS/LICENSES (READ IN)

 

1. Class F1 Application for Special Event – Alcoholic Beverage

Applicant: Rita Vargas

            Location: 81 N. Carpenter Street, St. Francis Xavier Church

            Date & Time of Function: October 1, 2022, 6pm – 11:30pm

Type of Entertainment: Community Music Festival Fundraiser

 

-          Motion made by Councilman Cahoon to approve the consent calendar.  Motion seconded by Councilwoman Sousa.  Motion passes 5-0.

 

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

 

VII.     LICENSES - For discussion and possible vote

 

A. Motion to bundle licenses C1-C5

 

-          Motion to bundle made by Councilman Cahoon.  Motion seconded by Councilwoman Sousa. Motion passes 5-0.

 

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

 

B. Motion to approve licenses C1-C5

 

-          Motion to approve bundle as read made by Councilman Cahoon.  Motion seconded by Councilwoman Sousa. Motion passes 5-0.

 

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

 

C. NON-PUBLIC HEARING

1. Block Party

Applicant: James DeFayette

Applicant Location: 69 Harlem Street, 02916

Date & Time of Function: October 29, 2022, 2:00pm – 11:00pm

Street to be closed: Small section of Harlem Street between Miller Avenue and Hood Avenue

 

Member	Aye	Nay
Cahoon
Mourato
Rodericks
Sousa
Britto

 

2. Application for Victualing – Class 3- New

Applicant: Timothy Rison

Business Name: Fork N Sammich King LLC dba Fork N Sammich

Business Address: 1055 S. Broadway, 02914

 

Member	Aye	Nay
Cahoon
Mourato
Rodericks
Sousa
Britto

 

3. Application for Victualing – Class 2- New

Applicant: Nicholas Unkovic

Business Name: Cumberland Farms Inc dba Cumberland Farms #001302

Business Address: 125 Newport Avenue, 02916

 

Member	Aye	Nay
Cahoon
Mourato
Rodericks
Sousa
Britto

 

4. Application for Holiday Sales - New

Applicant: Nicholas Unkovic

Business Name: Cumberland Farms Inc dba Cumberland Farms #001302

Business Address: 125 Newport Avenue, 02916

 

Member	Aye	Nay
Cahoon
Mourato
Rodericks
Sousa
Britto

 

5. Application for Holiday Sales - New

Applicant: Brenden King

Business Name: Luminist Photography        

Business Address: 9 Forbes Street, 02915

 

Member	Aye	Nay
Cahoon
Mourato
Rodericks
Sousa
Britto

 

D. PUBLIC HEARING

 

1. Application for Additional Hours to open 24 hours - New

Applicant: Nicholas Unkovic

Business Name: Cumberland Farms Inc dba Cumberland Farms #001302

Business Address: 125 Newport Avenue, 02916

 

-          The following individuals spoke against the additional hours:

Frank Rego

Kristina Ricard

Susan Derouin

Anne West

 

-          The following individuals sent emails against the additional hours:

Jeanette Cadoret

Bridget Garrity

Michael Hicks

Jose Soares

Lisa Drainville

 

-          Motion to deny the extended hours made by Councilwoman Sousa.  Motion seconded by Councilman Cahoon. Motion passes 5-0

 

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

 

2.  BV License – New

            Applicant: Edgar Barillas

            Business Name: Francescas 2 Inc dba Francescas 2

            Business Address: 525 N Broadway, 02914

 

-          Motion to approve made by Councilwoman Sousa.  Motion seconded by Councilman Cahoon.  Motion passes 5-0.

 

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

 

VIII.    PROCLAMATIONS & PRESENTATIONS – None

 

IX.       COMMUNICATIONS – None

            Any person who submits a communication to the Council and wishes to speak on it must indicate this in writing no later than 4:00 p.m. the Thursday prior to the next regularly scheduled Council meeting.  A person who lists more than one topic on their communication will be allowed to speak on the first one listed.

 

X.        PUBLIC COMMENT

            All persons wishing to make public comment shall sign a public comment sheet stating their name, address and the subject of their comments.  Each speaker will be limited to three (3) minutes.  The order of speakers will be on a first come, first serve basis and the maximum time for public comment shall by limited to thirty (30) minutes per meeting.

 

-          All individuals that signed up for public comment, spoke during the Cumberland Farms extended hours public hearing

 

XI.       APPOINTMENTS – None

 

XII.     COUNCIL MEMBERS

 

1. Crosswalk signage at Bradley Hospital Cumberland Farms intersection – Councilman Cahoon - Discussion

 

-          DPW Director Daniel Borges informs the Council he went to the location and agrees additional signage is needed.  Director Borges has submitted a request to the State and additional signage is pending their approval

 

XIII.    PUBLIC HEARINGS – Ordinance for second passage - For discussion and possible vote

 

A. First and Final Passage

 

1.  An ordinance of the Council of the City of East Providence appropriating $211,868,538 for the support of the City government for the fiscal year ending October 31, 2022

 

-          Motion to table until the October 18, 2022 Council meeting made by Councilman Cahoon.  Motion seconded by Councilwoman Sousa.  Motion passes 5-0.

 

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

 

B. Second Passage

 

            1. 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”

Summary: Section 18-307, Glenrose Drive (both sides), between Ferncrest Drive and Lantern Lane, one-way street during the hours of 8:00am and 9:30am and 2:00pm and 3:30pm on school days

Sponsor: Council Vice President Rodericks 

 

-          Motion to approve made by Council Vice President Rodericks.  Motion seconded by Councilman Cahoon.  Motion passes 5-0.

 

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

 

2. An ordinance authorizing the Director of Finance to borrow funds in anticipation of taxes

 

-          Motion to approve made by Councilman Cahoon.  Motion seconded by Councilwoman Sousa.  Motion passes 5-0.

 

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

 

3. An ordinance authorizing the Director of Finance to borrow funds in anticipation of revenue

 

-          Motion to approve made by Councilwoman Sousa.  Motion seconded by Councilman Cahoon.  Motion passes 5-0.

 

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

 

4. An ordinance authorizing the Director of Finance to borrow funds in anticipation of bonds

 

-          Motion to approve made by Councilwoman Sousa.  Motion seconded by Councilman Cahoon.  Motion passes 5-0.

 

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

 

XIV.    CONTINUED BUSINESS

 

A.  BUDGET SESSION – Review of the Administrations FY23 proposed budget

 

            1. ARPA status; itemized expenses, updated plan – Councilman Cahoon

 

-          Finance Director Malcolm Moore updates the Council on the funds used on specific projects that total $1.3 million dollars

 

            2. Paving project; list of streets remaining to complete project – Councilwoman Sousa

 

-          DPW Director Daniel Borges updates the Council on the project states the City has entered into a contract with Beta Engineering for the paving of the streets.

 

            3. Capital project questions – Councilman Mourato

 

-          Councilman Mourato asks Finance Director Malcolm Moore about the Capitol line item in the budget

 

B. Proposed Council amendments to FY23 Administration budget to be set for public hearing – for discussion and possible vote

 

1. Department 200 (City Clerk salary) increase from $50,000 to $84,047 which will increase the total salary line item from $499,774 to $483,821

Introduced by: Councilman Mourato

 

-          Motion to approve made by Councilman Mourato.  Motion seconded by Councilwoman Sousa.  Motion passes 5-0.

 

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

 

2. Department 630 (Public Works) amend position name FTE to include City Forrester which will increase the FTE from 43 to 44.  Increase the regular salary line item ($51,110) total from $2,479,154 to $2,530,264, an increase of $45,264 for the purpose of hiring a City Forrester

Introduced by: Councilwoman Sousa

 

-          Motion to approve made by Councilwoman Sousa.  Motion seconded by Councilman Cahoon.  Motion passes 5-0.

 

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

 

3. Increase City Council salary line item 51110 regular salaries from $15,300 to $19,600by decreasing Purchased Professional Services currently budgeted at $164,750 to $160,450 for no net effect change of the total City Council budget of $187,485

Introduced by: Councilwoman Sousa

 

-          Motion to approve made by Councilwoman Sousa.  Motion seconded by Council Vice President Rodericks.  Motion passes 4-0.

 

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

 

4. Department 630 (Parks) increase FTE 2 to 5.  Increase regular salaries (51110) $225,000 from $2,479,154 to $2,704,154 for the purpose of hiring three parks laborers

Introduced by: Councilman Cahoon

 

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

 

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

 

5. Amend the proposed Capital Budget line item 59550 to add $50,000 for the purpose of repairs and painting of the cupola at the Weaver Library

Introduced by: Councilman Cahoon

 

-          Motion to approve made by Councilman Cahoon.  Motion seconded by Councilwoman Sousa.  Motion passes 5-0.

 

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

 

6. Amend the proposed Capital Budget line item 910 to add $50,000 to support the installation of permanent batting cage pad at Pierce Memorial Park.  Capital line item 59840 from $363,000 to $413,000

Introduced by: Councilman Cahoon

 

-          Motion to approve made by Councilman Cahoon.  Motion seconded by Council Vice President Rodericks.  Motion passes 5-0.

 

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

 

7. Amend the proposed Capital Budget line item 910 (59630) increase by $150,000 from $110,000 for a total of $260,000 for traffic calming measures

Introduced by: Council President Britto

 

-          Motion to amend to $100,000 for traffic calming measures and $50,000 for a playground at Wolfe School made by Councilman Cahoon.  Motion seconded by Councilwoman Sousa.  Motion passes 5-0.

 

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

 

-          Motion to approve amendment made by Council Vice President Rodericks.  Motion seconded by Councilwoman Sousa.  Motion passes 5-0.

 

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

 

8. Increase (59840) Capital/Parks from $363,000 to $513,000 an increase of $150,000 for the purpose of installing playing field lighting at Glenlyon Field

Introduced by: Council President Britto

 

-          Motion to approve made by Councilman Cahoon.  Motion seconded by Councilwoman Sousa.  Motion passes 5-0.

 

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

 

C. Set date for future public hearing October 10, 2022 or later – for discussion and possible vote

 

-          Motion to set the public hearing date to October 18, 2022 made by Councilman Cahoon.  Motion seconded by Councilwoman Sousa.  Motion passes 5-0.

 

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

 

XV.     NEW BUSINESS

 

            A.        MAYOR COMMUNICATIONS

           

1.  Items for announcement/discussion

 

a. August General Fund Expense Summary, General Fund Expense Details, Capital Expenses details – Finance Director Malcolm Moore

 

-          Finance Director Malcolm Moore addresses Council and asks if they have any questions

 

b. Statistical Revaluation – The City of East Providence is preparing to start up the Statistical Revaluation Project that had been delayed from December 31, 2021 to December 31, 2022.Under the Statistical Revaluation, each taxpayer receives a new assessment and will have an opportunity to have a hearing on their new assessment. The City is preparing to visit and inspect (in person) all properties that have sold and those properties whose owners have pulled a building permit within the last year. The city of East Providence has hired Northeast Revaluation Group, LLC, a municipal revaluation vendor located in Warwick, RI to assist with the project. The process is expected to begin in October – Director of Administration Napoleon Gonsalves 

 

-          Director of Administration Napoleon Gonsalves reads announcement

 

c. Director William Fazioli – notice of resignation effective at the end of October. – Director of Administration Napoleon Gonsalves

 

-          Director of Administration Napoleon Gonsalves reads announcement

 

d. Hispanic Heritage Month Celebration – Oct. 5, 2022 6-8 PM, Council Chambers with performances by Sentimento Chapin & Fraternidad Folklorico Boliviana – Director of Administration Napoleon Gonsalves

 

-          Director of Administration Napoleon Gonsalves reads announcement

 

e. Administration, together with City Council, introduction of ordinance which will update and expand Veteran tax rates and exemptions– Assessor Sarah Frew 

 

-          Assessor Sarah Frew explains the changes in the exemptions listed in the ordinance

 

 

B.        REPORTS OF OTHER CITY OFFICIALS  

 

1. Report of the City Solicitor

 

a. Claims Committee Report and Litigation Report

 

– Solicitor Marcello reports the claims/sewer abatements

 

                                    b. P&W approval of final settlement

 

– Solicitor Marcello recommends the approval of the resolution for the  final settlement agreement

 

            C.        RESOLUTIONS - For discussion and possible vote

 

1. Resolution authorizing the Mayor to enter into a contract with Automatic Temperature Controls, Inc. for the installation of a ducted interior heating & cooling system for the Department of Public Works complex located at 60 Commercial Way

Sponsor: Council President Britto

 

-          Motion to approve made by Councilwoman Sousa.  Motion seconded by Council Vice President Rodericks.  Motion passes 5-0.

 

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

 

2. Resolution authorizing the settlement of tax appeals and other litigation filed by P&W Railroad Company

 

-          Motion to approve made by Councilwoman Sousa.  Motion seconded by Council Vice President Rodericks.  Motion passes 5-0.

 

Member	Aye	Nay
Cahoon
Mourato
Rodericks
Sousa
Britto

 

3. Resolution requesting the General Assembly introduce legislation to allow the Board of Licenses of the City of East Providence to grant a Class B Liquor license for 136 Taunton Avenue

Sponsor: Councilwoman Sousa

 

-          Motion to approve made by Councilwoman Sousa.  Motion seconded by Councilman Cahoon.  Motion passes 5-0.

 

Member	Aye	Nay
Cahoon
Mourato
Rodericks
Sousa
Britto

 

4. Resolution Authorizing the Mayor to enter into an apparatus purchase agreement with Toyne, Inc. for the purchase of two fire trucks for the Fire Department

Sponsor: Councilman Cahoon

 

-          Motion to approve made by Councilwoman Sousa.  Motion seconded by Council Vice President Rodericks.  Motion passes 5-0.

 

Member	Aye	Nay
Cahoon
Mourato
Rodericks
Sousa
Britto

 

5. Resolution authorizing the Mayor to enter into a contract for the construction of a multi-use athletic field and parking lot at the Riverside Middle School

Sponsor: Council Vice President Rodericks & Councilman Cahoon

 

-          Motion to approve made by Council Vice President Rodericks.  Motion seconded by Councilman Cahoon.  Motion passes 5-0.

 

Member	Aye	Nay
Cahoon
Mourato
Rodericks
Sousa
Britto

 

            D.        INTRODUCTION OF ORDINANCES - For discussion and possible vote

 

1.  An ordinance of the Council of the City of East Providence ordering the assessment and collection of property tax on the ratable real estate, tangible personal property, and an excise tax on registered motor vehicles and trailers

 

-          Motion to approve made by Council Vice President Rodericks.  Motion seconded by Councilman Cahoon.  Motion passes 5-0.

 

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

 

2. An ordinance in amendment of Chapter 18 of the revised ordinances of the City of East Providence, Rhode Island, 199, as amended, entitled “Vehicles and Traffic”

Summary: Section 18-307 no parking Roger Williams Avenue (west side), from Wilson Avenue north for 135 feet

Sponsor: Council President Britto

 

-          Motion to approve made by Councilman Cahoon.  Motion seconded by Councilwoman Sousa.  Motion passes 5-0.

 

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

 

3. An ordinance in amendment of Chapter 16 of the revised ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled "Taxation”

Summary: Section 16-16 authority of City Assessor to reduce assessed value of real property taxes, exempt property or excise tax for veterans

Sponsor: Council President Britto & Council Vice President Rodericks

 

-          Motion to amend the percentage from 0%-30% to 1%-30% made by Council Vice President Rodericks.  Motion seconded by Councilwoman Sousa .  Motion passes 4-0.

 

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

 

-          Motion to approve amendment made by Council Vice President Rodericks.  Motion seconded by Councilwoman Sousa.  Motion passes 4-0.

 

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

 

XVII.  ADJOURNMENT

 

-          Motion to adjourn made by Councilman Mourato.  Motion seconded by Councilman Cahoon.  Motion passes 5-0.

 

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’s Office at 401.435.7596 at least 48 hours prior to the meeting date.