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CITY OF EAST PROVIDENCE

DOCKET-REGULAR COUNCIL MEETING

TUESDAY, JULY 9, 2024

CALL TO ORDER: 6:30 P.M.

145 TAUNTON AVENUE-CITY COUNCIL CHAMBERS

EAST PROVIDENCE, RHODE ISLAND

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

EXECUTIVE SESSION: CONFERENCE ROOM A

OPEN SESSION WILL IMMEDIATELY FOLLOW EXECUTIVE SESSION

City Council:

Council President, Bob Rodericks – At Large

Council Vice-President: Frank Rego – Ward 1

Councilwoman Anna Sousa - Ward 2

Councilman Frank Fogarty - Ward 3

Councilman Rick Lawson - Ward 4

City Solicitor, Michael Marcello

City Clerk, Jill Seppa

I. CALL TO ORDER

Roll Call

Fogarty__X___ Lawson__X___ Rego__X___ Sousa __X___ Rodericks__X___

II. SALUTE TO THE FLAG

- Salute to the flag lead by Council President Rodericks.

III. PROCLAMATIONS & PRESENTATIONS

1. Restaurant Week Participant Acknowledgements –City Council

- The City Council presents certificates of participation to Restaurant Week Participants.

2. Rhode Island Energy to review multi-year gas project in the Kent Heights area.

- Jacques Afonso of Rhode Island Energy gives a presentation.

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IV. EXECUTIVE SESSION

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

pursuant to RIGL §42-46-5 (a)(2)

CLAIMS:

1. Jack Richter

- Motion to approve made by Councilman Lawson. Motion seconded by Councilman Fogarty. Motion passes 5-0.

Member	Aye	Nay
Fogarty	X
Lawson	X
Rego	X
Sousa	X
Rodericks	X

RECONVENE TO OPEN SESSION

Fogarty_____ Lawson_____ Rego_____ Sousa _____ Rodericks_____

V. MOTION TO SEAL EXECUTIVE SESSION MINUTES

Member	Aye	Nay
Fogarty
Lawson
Rego
Sousa
Rodericks

VII. CONSENT CALENDAR - For discussion and possible vote –

1. COUNCIL JOURNALS

1. June 13, 2024 Worksession

2. June 25, 2024 Regular Meeting Minutes

3. June 27, 2024 Regular Meeting Minutes

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- Motion to approve the consent calendar made by Councilman Lawson. Motion seconded by Councilman Fogarty. Motion passes 5-0.

Member	Aye	Nay
Fogarty	X
Lawson	X
Rego	X
Sousa	X
Rodericks	X

VIII. LICENSES - For discussion and possible vote

A. Motion to bundle licenses

- Motion to review licenses individually made by Councilwoman Sousa. Motion seconded by Council Vice-President Rego.

Member	Aye	Nay
Fogarty
Lawson
Rego
Sousa
Rodericks

B. Motion to approve licenses

Member	Aye	Nay
Fogarty
Lawson
Rego
Sousa
Rodericks

C. NON-PUBLIC HEARING

1. One Day-Entertainment

Applicant: Armondo Medeiros

Event: Feast of the Holy Ghost

Address: 26 Teofilo Braga Way (02914)

Date & Time: July 12, 2024 – July 14, 2024 7:00pm-12:00Am

Entertainment: Band

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

Member	Aye	Nay
Fogarty	X
Lawson	X
Rego	X
Sousa	X
Rodericks	X

3. Special Event License – Class F

Applicant: Armondo Medeiros

Event: Feast of the Holy Ghost

Address: 26 Teofilo Braga Way (02914)

Date & Time: July 12, 2024 – July 14, 2024 7:00pm-12:00am

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

Member	Aye	Nay
Fogarty	X
Lawson	X
Rego	X
Sousa	X
Rodericks	X

4. Hawkers

Applicant: Robert Baptista

Business Name: A Positive Atmosphere

Address: 52 Burgess Ave (02914)

- The council decided to table this decision. They would like to get clarification from the applicant at the next meeting.

- Robert Baptista, 52 Burgess Avenue, states that he sells things other than food in his food truck, including, candles, clothing, his CBD brand, etc.

- Motion to approve made by Councilman Lawson. Motion seconded by Councilman Fogarty. Motion passes 4-0.

Bk. 39 Pg. 489

Member	Aye	Nay
Fogarty	X
Lawson	X
Rego	X
Sousa
Rodericks	X

5. Mobile Food Est.

Application: Saket Lohia

Business Address: 910 Main St (01610)

Business name: Grub Guru

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

Member	Aye	Nay
Fogarty	X
Lawson	X
Rego	X
Sousa	X
Rodericks	X

6. Victualing – 25 - 50 people

Application: Kevin Matos

Business Address: 227-233 Warren Ave (02914)

Business name: Matos Café and Marcado

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

Member	Aye	Nay
Fogarty	X
Lawson	X
Rego	X
Sousa	X
Rodericks	X

7. Mobile Food Est.

Applicant: James Appel

Business Address: 8171 Ravenna Lakes Dr (33473)

Business name: Jerrys Food Concessions

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

Member	Aye	Nay
Fogarty	X
Lawson	X
Rego	X
Sousa	X
Rodericks	X

8. Food Concession Stand-Victualing 1 more than 51

Application: Monica Silva

Business: Dune Bros.

Location: 700 Bullocks Point Avenue

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

Member	Aye	Nay
Fogarty	X
Lawson	X
Rego	X
Sousa	X
Rodericks	X

9. Sundays and Holidays

Application: Monica Silva

Business: Dune Bros.

Location: 700 Bullocks Point Avenue

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

Member	Aye	Nay
Fogarty	X
Lawson	X
Rego	X
Sousa	X
Rodericks	X

- Motion to bundle items 10, 11, 12, and 13 made by Councilman Lawson. Motion seconded by Councilwoman Sousa. Motion passes 5-0.

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- Motion to approve items 10, 11, 12, and 13 made by Councilman Lawson. Motion seconded by Councilwoman Sousa. Motion passes 5-0.

Member	Aye	Nay
Fogarty	X
Lawson	X
Rego	X
Sousa	X
Rodericks	X

10. Special Event – One Day

Applicants name: Kelly Parlin

Event: Toe Jam Puppet Band

Location: 41 Grove Ave (02914)

Date and Time : July 27, 2024 2:00pm-3:30pm

Member	Aye	Nay
Fogarty
Lawson
Rego
Sousa
Rodericks

11. Special Event – One Day

Applicant: Kelly Parlin

Location:41 Grove Ave (02914)

Event: Henry the Juggler

Date and Time: July 16, 2024 2:00-3:00pm

Member	Aye	Nay
Fogarty
Lawson
Rego
Sousa
Rodericks

12. Special Event – One Day

Applicant: Kelly Parlin

Location:41 Grove Ave (02914)

Event: Touch a Truck

Date and Time: July 23, 2024 2:00-3:00pm

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Member	Aye	Nay
Fogarty
Lawson
Rego
Sousa
Rodericks

13. Special Event – One Day

Applicant: Kelly Parlin

Location:41 Grove Ave (02914)

Event: Circus Dynamics

Date and Time: July 30, 2024 2:00-3:00pm

Member	Aye	Nay
Fogarty
Lawson
Rego
Sousa
Rodericks

14. Special Event – One Day Entertainment

Applicant: Robert McNeil

Event: Chain Reaction Charity Fundraiser

Address: 500 Veterans Memorial Parkway

Date: July 15, 2024 9:00am-3:00pm

Entertainment: Live Band

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

Member	Aye	Nay
Fogarty	X
Lawson	X
Rego	X
Sousa	X
Rodericks	X

15. Special Event- Class F

Applicant: Robert McNeil

Event: Chain Reaction Charity Fundraiser

Address: 500 Veterans Memorial Parkway

Date: July 15, 2024 9:00am-3:00pm

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

Member	Aye	Nay
Fogarty	X
Lawson	X
Rego	X
Sousa	X
Rodericks	X

16. Road Race

Applicant: Siobhan Breagy

Location; Pierce Stadium

Date and Time: November 2, 2024 5:00am – noon

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

Member	Aye	Nay
Fogarty	X
Lawson	X
Rego	X
Sousa	X
Rodericks	X

- Motion to bundle items 17 and 18 made by Councilman Lawson. Motion passes 5-0.

- Motion to approve items 17 and 18 made by Councilman Lawson. Motion seconded by Council Vice-President Rego. Motion passes 5-0.

Member	Aye	Nay
Fogarty	X
Lawson	X
Rego	X
Sousa	X
Rodericks	X

17. Block Party

Applicant: Laura Winig on behalf of NTRA

Location: 0 Riverside Dr

Date and Time: August 24, 2024 3:30-7:30pm (rain date August 25, 2024)

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Member	Aye	Nay
Fogarty
Lawson
Rego
Sousa
Rodericks

18. One Day Entertainment

Applicant: Laura Winig on behalf of NTRA

Location: 0 Riverside Dr

Date and Time: August 24, 2024 3:30-7:30pm (rain date August 25, 2024)

Entertainment: Live Band

Member	Aye	Nay
Fogarty
Lawson
Rego
Sousa
Rodericks

- Motion to bundle items 19, 20, and 21 made by Councilman Lawson. Motion passes 5-0.

- Tracy Johnson provides information about Summerfest.

- Motion to approve items 19, 20, and 21 made by Councilman Lawson. Motion seconded by Councilwoman Sousa. Motion passes 5-0.

Member	Aye	Nay
Fogarty	X
Lawson	X
Rego	X
Sousa	X
Rodericks	X

19. One Day Entertainment

Applicant: Tracy Johnson on behalf of Crescent Park Carousel

Event: Summerfest

Location: 700 Bullocks Pt Ave

Date and Time: July 17, 2024 4:00-10:00pm

Entertainment: Live music/carnival

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Member	Aye	Nay
Fogarty
Lawson
Rego
Sousa
Rodericks

20. One Day Entertainment

Event: New England Witches Guild Parade & Festival

Location: 700 Bullocks Pt Avenue

Date and Time: October 19, 2024 10:00am-4:00pm

Entertainment: live music, parade, dancing, vendors

Member	Aye	Nay
Fogarty
Lawson
Rego
Sousa
Rodericks

21. One Day Entertainment

Event: Cruise Night

Location: 640 Bullocks Pt Avenue

Date and Time: August 10, 2024 2:00pm-6:00pm

Entertainment: DJ

Member	Aye	Nay
Fogarty
Lawson
Rego
Sousa
Rodericks

22. Sunday and Holiday

Applicant: Chansaophea Mom

Business: Super Nails & Spa

Business Address: 550-552 Warren Avenue

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

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Member	Aye	Nay
Fogarty	X
Lawson	X
Rego	X
Sousa	X
Rodericks	X

23. Block Party

Applicant: Matthew Turbitt

Address: 145 Taunton Ave (02914)

Date and Time: July 17, 2024 4:00-8:00pm

Entertainment: Bounce House

- Motion to deny made by Councilman Lawson. Motion seconded by Councilwoman Sousa. Motion denied 5-0.

Member	Aye	Nay
Fogarty	X
Lawson	X
Rego	X
Sousa	X
Rodericks	X

24. Food Truck Event

Applicant: Joseph Boisvert

Location: 145 Taunton Avenue

Date and Time: July 17, 2024 4-8:00pm

Food trucks to attend: Raras Surf Shack, Axelrods Fry Shack, GG’s Pretzels, Hot Potato, Lemon Lane, Food Vibes

- Motion to deny made by Councilman Lawson. Motion seconded by Councilwoman Sousa. Motion denied 5-0.

Member	Aye	Nay
Fogarty	X
Lawson	X
Rego	X
Sousa	X
Rodericks	X

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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.

1. Frank McMahon 117 Hobson Ave – Neighborhood concern

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.

- Florence Mills, 23 Harding Avenue, speaks on parking on Beacon and Beach road.

XI. APPOINTMENTS - none

XII. COUNCIL MEMBERS

Update on RFQ for On Call Financial Advisor – discuss - Councilwoman Sousa

- Councilwoman Sousa asks if any updates have been provided regarding that position.

- The City Clerk, Jill Seppa, states that the RFQ closes on the 16^th and that the bid tabulations will be available on the 17^th.

Clarification on multipurpose field behind Riverside Middle School –discuss- Councilman Lawson

- Councilman Lawson shows pictures of the field and parking lot. He states that it is unacceptable that the field is not yet complete after paying one million dollars for the field and the parking lot.

Councilman Lawson statement on Crescent Park Project-discuss-Councilman Lawson

- Councilman Lawson states that he doesn’t support the plan of cutting into the restaurant and storage for a lifeguard office and beach changing stations. He states that a building for office space, storage, bathrooms, and a bigger concession stand is needed.

- Tracy Johnson states that Dune Brothers has come in and taken measurements.

- Tracy Johnson states that the two bathrooms are considered public bathrooms. She also states that to have a public beach, a life guard is required. Her proposal is to give the life guards a little room where they can change their clothes and store their equipment. She states that the building size and the restaurant space didn’t change.

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Councilman Lawson statement in Oldham building-discuss-Councilman Lawson

- Councilman Lawson states that the goal of the building should be a community center/business incubator. He states that they’ve got an assessment going now.

Discussion on parking around Crescent Park-discuss-Councilman Lawson

- Councilman Lawson states that there should be no parking on both sides of Beach Road. He proposes to prohibit parking from Beach Road to the end of the park.

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

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: Sec. 18-269(b) Stop Sign - Fairview Avenue at Bloomfield Street and Bloomfield Street at Fairview Avenue

Sponsor: Councilman Fogarty

- Motion to approve by Council Vice-President Rego. Motion seconded by Councilman Fogarty. Motion passes 5-0.

Member	Aye	Nay
Fogarty	X
Lawson	X
Rego	X
Sousa	X
Rodericks	X

XIV. CONTINUED BUSINESS

1. Standing Item - Discuss impact of Washington Bridge closure in the City of East Providence – City Council

- Council President Rodericks states that they will continue to monitor the local situation. He also states that the police department and all of the first responders have done a great job in getting traffic through and people to the hospitals.

- Councilman Lawson states that the governor is giving money to help local businesses.

- Vice-President Rego states that more help is needed for the local businesses. He thanks the governor and the added state police patrol along both sides of 1-95.

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Update on Fire Academy and Collective Bargaining for a Fourth Rescue as agreed upon with the Mayor on December 5, 2023 and placed on the docket June 25, 2024– receive update and discuss – Council Vice President Rego

- Vice-President Rego asks for these updates.

Family Fun Night East Providence City Hall – discuss – Council Vice President Rego & Councilwoman Sousa

- City Solicitor, Michael Marcello, states that the applicant was under the mistaken impression that, because he had a class P Caterers License, he was able to sell liquor at that event.

- Councilwoman Sousa clarifies that the liquor truck never received a permit from the city as a vendor.

4. Update on, status of project and predicted timeline– Council Vice President Rego

A. Potter & Burgess Parking Lots

B. Pierce Field

C. Storefront Improvement Program

D. Community Center

E. Police Department

F. Crescent Park Concession Stand

G. Event Pad

H. Kent Heights

I. Art Utility Box Project

J. Bold Point Park

K. Oldham School Business Incubator

L. Oldham School physical building updates; roof, windows and doors

M. Placemaking- Citywide

N. Splash Pad- Riverside

O. Adaptive Playground Equipment

- Council Vice-President Rego would like an update on these projects.

XV. NEW BUSINESS

A. MAYOR COMMUNICATIONS-none

B. REPORTS OF OTHER CITY OFFICIALS-none

C. REPORT OF SCHOOL COMMITTEE LIAISON-none

D. RESOLUTIONS - For discussion and possible vote-none

E. Public Hearing on Proposed Charter Amendments as recommended by the East Providence Charter Commission and East Providence City Council

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1. Discussion and vote to determine potential resolutions for placement of Charter amendments on ballot.

2. Regarding the City Council's power of inquiry

§ The first recommendation was to strike item two, which has two clauses.

· The Council to establish administrative departments and to distribute the work of provisions.

· City Solicitor, Michael Marcello, states that the council needs to first identify what problem they’re trying to solve or even if there is a problem to begin with. He states that distributing the work of divisions is in conflict with another provision of the charter in which the mayor has that authority to distribute work within the divisions. He states that the distribution of the work divisions should be a mayor’s function, but the council should be able to establish an administrative department.

· Councilman Lawson asks if striking item two without it saying somewhere else who can establish an administrative department is a concern.

· City Solicitor, Michael Marcello, confirms that it is a concern.

· Councilman Lawson states that they keep item two and drop the second part – to distribute the work of provisions.

§ Section 2-10 – Assistant City Solicitor, Dylan Conley, states that it is not clear on how a council member will be charged of a misdemeanor and that it is an extreme response. He states that the pivot was that if a subordinate receives an order from a council member, they would then provide the mayor with that and then the mayor could choose to publish that incident in the mayoral communication section of the council meeting.

§ Section 2-12 – Assistant City Solicitor, Dylan Conley, wanted to create the ability for the council to delegate the responsibilities of the clerk. This is not to remove the responsibilities of the clerk, but to allow the council to have increased flexibility and control over job assignments for the clerk.

· Newly suggested subsection 4 of 2-12 states that the city clerk shall be the head of the support staff for the city council.

· Section 2-12 subsection 5 is an extension that the clerk shouldn’t give direct orders to any subordinate of the mayoral administration.

· Section 2-12 subsection 6 is a discussion about how the city clerk shall be the lesion between the city council and the mayoral administration.

· Assistant City Solicitor, Dylan Conley, states that subcommittees may be a good idea to address the information flow challenges. He states that they encourage much more candid forms of

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communication, which may avoid some of the communication challenges that have risen thus far.

· Assistant City Solicitor, Dylan Conley, states that it may be worth adding a section F which would allow for any other such subcommittees as may be established by ordinance.

· City Solicitor, Michael Marcello, states that the council already has the ability to make subcommittees, but is concerned about the ability not to have a public hearing by a subcommittee as stated in the change. He states that a subcommittee should be able to have a public hearing on an issue.

· City Clerk, Jill Seppa, seeks to clarify how the City Clerk should communicate with other departments.

· Assistant City Solicitor, Dylan Conley, states that it was an effort to organize communications between the two different branches of government in a way that goes through department heads. He states that he doesn’t have an objection to pulling back on this level of strict framework.

· Council President Rodericks states that the City Clerk should be able to speak to anybody in City Hall, but not give orders.

· The Council agrees to remove section 2-12 subsections 4, 5, and 6.

§ Strike section 2-17

§ Section 3-11

· Councilman Lawson states that the preference is that each department have a department head that’s focused on that department.

3. Regarding appointments to the Zoning Board, Planning Board, and Board of Assessment Review

§ Assistant City Solicitor, Dylan Conley, states that these proposed changes did not have the support of the council, but Councilwoman Sousa wanted to see them put forward so they’re put forward.

§ Assistant City Solicitor, Dylan Conley, sates that this change is a series of changes to the Planning and Zoning Boards and how appointments function. Instead of the mayor appointing, with subject to council approval, seven members of the Planning Board, the mayor would only appoint two and the council would appoint five. There’s no crosscheck on each other’s ability to approve anyone. On the Zoning Board, the change specifically says that five members will be appointed by the council and the two alternates to be appointed by the Mayor. An alternate is not a voting member of a board, but they’re only a voting member when one of the other members is absent. Whenever there’s full attendance, the mayor is not represented on the Zoning

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Board. The Board of Assessment Review seems to have similar changes and some changes related to terms as well.

§ The change proposes that in Probate Court and Municipal Court, the council appoint the associate judge without any sort of consent from the mayor.

§ Council President Rodericks states that the majority of the council did not want to disrupt the checks and balances that now exist.

4. Regarding appointments by ordinance

§ The purpose of this change would be to recreate the ability to have appointments on a board when that board has the ability to bind the city in some form or another.

§ City Solicitor, Michael Marcello, states that the council already has the authority to appoint advisory boards without the need for charter. He thinks that this change would add more confusion to the charter.

5. Regarding the City Solicitor and Legal Advisors

§ Assistant City Solicitor, Dylan Conley, states that the council had expressed a desire to be able to retain their own legal counsel. He says that he is of the opinion that the council does not currently have that ability. He tried to structure it by creating a position for legal advisors, which is separate from the solicitor. Only the solicitor represents the city.

§ City Solicitor, Michael Marcello, expresses that he is concerned that the language of an assistant city solicitor is stricken because the office needs a solicitor and an assistant solicitor.

§ Council President Rodericks expresses concern about the ballot question passing or not.

§ City Solicitor, Michael Marcello, states that if the ballot question doesn’t pass, the council doesn’t have the power to hire an assistant solicitor.

§ The council decides not to change this section.

6. Regarding partisan elections

§ Assistant City Solicitor, Dylan Conley, states that the Charter Commission recommended that there be party primaries. It is currently drafted as a jungle primary. A party primary is where Democrats only run against Democrats in the primary and the Republicans only run against Republicans in the primary. In a jungle primary, it is basically the same runoff style elections that exist now, but the party would be declared on the ballot.

§ Councilman Lawson states that he doesn’t support the jungle primary.

§ Marc Furtado, Charter Commission chair, expresses his concerns.

§ Vice-President Rego states that if someone knows that they can’t get 50% of the votes, they run as an independent because they know they can get 33% of the votes. The person doesn’t need a majority of the votes.

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§ John, resident of East Providence, encourages the council to let the people of East Providence vote on this issue.

§ Councilman Lawson states that he doesn’t support the change of the primary system.

7. Regarding the Charter Commission

§ Assistant City Solicitor, Dylan Conley, states that there are two different proposed changes. He states that there was debate on how the council wanted to approach this. The cleanest solution was to strike the entire section. The other option Dylan Conley came up with was, starting with the 2030 general election, the city council may call for an election of a charter commission. The council can call for a charter commission at any point in time, so there is no way to curtail that. He states that the difference between the two options really isn’t that much of a difference in effect.

§ Marc Furtado, Charter Commission chair, states that the charter commission didn’t touch it because it was the newest thing that was put in the charter. He also said that since it was an eight year term, that’s something to deal with down the line. He states that he is personally fine with getting rid of the section.

8. Regarding licensing authority

§ Assistant City Solicitor, Dylan Conley, states that the driving concern, as he understood it, was to create a power within the city council to license all businesses operating within the city. There’s a preliminary injunction in place prohibiting this council from taking authority over the operation of hotels and motels in the city.

§ City Solicitor, Michael Marcello, expresses his concern about number eight, where the council is striking their ability to grant, suspend, or revoke licenses.

9. Regarding the City Budget, Notice and Advertising

§ Assistant City Solicitor, Dylan Conley, states that one of the unintended consequences of the change to the mayoral form of government is that the creation of the veto wasn’t contemplated specifically on how it would impact timeline on the budget. He states that a very large portion of the language in here is designed to correct for that.

§ City Solicitor, Michael Marcello, suggests that 2-6 number 5 get stricken.

§ 2-12 – New subsection I

§ 2-16

· Requires the clerk to do what the clerk already does, but it sets a timeline.

Bk. 39 Pg. 504

· He states that he’s trying to avoid a scenario where they have one set of notice and advertising requirements underneath the charter and another set underneath the open meetings act.

§ Assistant City Solicitor, Dylan Conley, states that there was a discussion about increasing the time period for the mayor to present the budget from 45 days to 90 days.

§ City Solicitor, Michael Marcello, states that there is nothing in this charter that mandates when the school department submit its budget to the mayor.

§ Chief of Staff, Patricia Resende, states that historically, the school department budget is the part of the budget.

§ Malcom states that there is conflicting language between the state and charter as far as how it starts. He states that when it was 45 days and they had to advertise, it was a tight process. He thinks that 90 days seems to be excessive. He states that they would want the school department budget 30 days early.

§ Assistant City Solicitor, Dylan Conley, states that the language as it was originally drafted in the charter never contemplated a mayor’s proposed budget as well as just a budget. He’s been trying to add mayors proposed to make the language specific.

§ In 5-11 subsection one, changing the not less than seven days to just be the standard open meetings act requirements for posting and notice that depressurizes that 45/60 day time window. The extended 7-day advertising requirement and extended 5- day advertising requirement are brought down to the standard open meeting acts requirements.

§ 5-11 subsection three discusses two different budgets at the same time, which can be confusing. Assistant City Solicitor, Dylan Conley, states that this needs to be separated into two sections so that one is clearly identifying the mayor’s proposed budget and the other’s clearly identifying the council’s budget.

§ 5-12 – Adoption of the budget, extending that from 7 to 11 days. That extension gives the council the full veto process, so that corrects for that timeline error that existed before.

§ 5-12 proposed subsection 4 – Assistant City Solicitor, Dylan Conley, states that he would like to work on this section more with City Solicitor, Michael Marcello. He states that the goal is to reflect the veto process and how that plays a role within the budget. He thinks that there should be some discussion about what happens in the interim and the amount of the time that it takes for the council to override. His initial concept is if the mayor vetoes a budget, then the present budget should continue in full force and effect and the council should have its time period to override the veto. If the council fails to override the veto, then the mayor’s budget takes control. The council can override the mayor’s veto and then it would be the council’s budget.

Bk. 39 Pg. 505

10. Regarding finance

§ Assistant City Solicitor, Dylan Conley, states that he would like to consult with Malcom for the next meeting.

11. Regarding employee protection

§ Assistant City Solicitor, Dylan Conley, states that some of the language is unconstitutional. He believes that the simplest way to solve the constitutionality issue was to add the required to in sections 9-31 and 9-32.

12. Regarding independent audit

§ City Solicitor, Michael Marcello, states that this would strike the powers of the legislator to provide for an independent audit. This is put in the legislative branch because the person who is spending the money should be kept separated from the person who’s appropriating the money.

§ Vice-President Rego states that the council should have more input and push that auditing firm. He states that when the president calls them, the council should receive answers.

§ City Solicitor, Michael Marcello, states that it is bad practice to put the order in the hands of the mayor.

§ Malcom states that it is supposed to be done in 180 days. He also states that they’ve been meeting monthly with the auditor general and his staff to go over this. The audit can’t be finalized until they get the state numbers.

§ Section 3-5 number 4 – Councilman Lawson states that the charter says that the audit should be here within 6 months of the close of a fiscal year and they should receive an annual report of the transactions in 90 days. He asks if those are two different things.

§ Malcom states that they can do an internal document to give them 90 days, but then they have to go through the audit. They could give them the audit, but it would only be the city side.

13. Regarding compensation of elected officials

§ Assistant City Solicitor, Dylan Conley, states there are two changes. One of the changes is a correction of terms of office. It is a self-contradiction and doesn’t belong here. Compensation currently also includes section 11-14, terms of office, and is correcting a contradiction within the charter. He states that the primary concepts that he pulled from the council were that there was a desire to deal with compensation, avoid specific financial terms for any particular office, and deal with compensation broadly and not as to any particular individual. Discussion about how compensation changes should work on a year-over-year basis He tried to pull back and rely on how compensation has worked in other areas of municipal law.

Bk. 39 Pg. 506

§ Councilman Lawson expresses that he wanted 2-3 and 3-3 to read that every budget year the city council will pass an ordinance in the salary of the mayor. So every year, the salary will get reviewed and adjusted as needed.

§ Council President Rodericks asks Assistant City Solicitor, Dylan Conley, to prepare two options. One which would be the charter vote, which if approved, would be approved upon passage, or the other option which would be applied to the next council and school committee, not the concurrent bodies.

F. INTRODUCTION OF ORDINANCES - For discussion and possible vote-

1. Ordinance Of The Council Of The City Of East Providence Appropriating Up To $232,615.00 Toward The Full-Time Operation Of A Fourth Rescue

Sponsor: Council Vice President Rego

§ Councilman Lawson believes that it needs to be put in the budget.

§ Motion to table by Council Vice-President Rego. Motion seconded by Councilman Lawson. Motion passes 4-0.

Member	Aye	Nay
Fogarty	X
Lawson	X
Rego	X
Sousa
Rodericks	X

XVII. ADJOURNMENT

- Motion to approve made by Councilman Lawson. Motion seconded by Councilman Fogarty. Motion passes 4-0.

Member	Aye	Nay
Fogarty	X
Lawson	X
Rego	X
Sousa
Rodericks	X

Approved by Council: August 9, 2024

Attest: ___________________________

City Clerk