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Date Posted:  November 17, 2017

 

CITY OF EAST PROVIDENCE

RHODE ISLAND

DOCKET OF REGULAR COUNCIL MEETING

November 21, 2017

6:45 P.M.

Council Chambers, City Hall, 145 Taunton Avenue, East Providence, RI 02914

6:45 P.M. Council May Call An Executive Session, Room 101

7:30 P.M. Open Session

 

 

I.                   EXECUTIVE SESSION

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

 

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A.    Sewer Charge Abatements

1.      Elizabeth Bailey

2.      Elizabeth Castello

3.      Robert Clarke

4.      Maria DaRocha

5.      Veronica Farrell

6.      James Hammond

7.      Joann Milano Hart

8.      Steven Madoff

 

B.     Disposition of City-Owned Land

1.      33 Hoppin Avenue and 80 Burnside Avenue

C.    Collective Bargaining:

1.   School Committee Request for Approval of Final Tentative Agreement between East Providence School Committee and the East Providence Paraprofessional Association

 

II.                OPEN SESSION Video Icon

 

III.             CALL TO ORDER

 

IV.             SALUTE TO THE FLAG Video Icon

 

V.                TO APPROVE THE CONSENT CALENDAR Video Icon

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 these items unless a Council member so requests, in which event, the item will be removed from the “CONSENT CALENDAR” and will be considered in its normal sequence on the docket.

 

A.    Letters

1.      CRMC Semi Monthly Meeting Agenda, November 14, 2017, 5PM, Administration Building, Cafeteria, One Capitol Hill, Providence.

 

B.     Cancellations/Abatements Board of Review

Year

Amount

2017

$1,877.93

Total

$1,877.93

 

C.    Cancellations/Abatements

Year

Amount

2013

$264.26

2014

$0.00

2015

$0.00

2016

$387.69

2017

$33,967.65

Total

$34,619.60

 

D.    Council Journals

 

1.      Council Journal Regular Meeting November 7, 2017

 

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VI.             COMMUNICATIONS

 

A.    Bill Fazioli, 229 Quarry Street (02914), Acting Chair (Vice Chair), East Providence Waterfront District Commission, requesting to address the Council regarding the “East Providence Waterfront District Commission: City Council Concerns”. Video Icon

 

B.     Scott Scienzo, 58 Woodbine Street (02915), requesting to address the Council regarding Council utilities. Video Icon

 

VII.          PUBLIC COMMENT Video Icon

All persons wishing to make public comment shall sign a public comment sheet stating their name, address, and the subject of their comments.  Said public comment sheet shall be available on a desk at the entrance of the City Hall Chambers no later than forty-five (45) minutes before the call to order of any regularly scheduled council meeting and shall be delivered by the City Clerk to the presiding officer no earlier than five (5) minutes before the call to order of the meeting.  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 be limited to thirty (30) minutes per meeting.

 

VIII.       COUNCIL MEMBERS Video Icon

 

A.    Fiscal Impact Analysis of Possible 2018 School Building Bond Referendum (by Mayor Briden)

 

B.     Stop Sign (by Assistant Mayor Britto)

 

C.     Tree Lighting Ceremony Wilson Avenue (by Assistant Mayor Britto)

 

D.    Sewer Use Fee Redux (by Councilman Botelho)

 

E.     MOA - RI Department of Transportation - East Providence State Roads (by Councilman Botelho)

 

F.      Moving Forward with the Carousel Master Plan (by Councilman Faria)

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G.    Wastewater Update (by Councilman Faria)

 

H.    On Line Payments and Processing Fees – Going Green (by Councilman Faria)

 

I.       State Street and Culvert Project Update (by Councilwoman Sousa)

 

J.       Holiday Tree Lighting December 1, 2017 (by Councilwoman Sousa)

 

IX.             APPOINTMENTS

 

A.    Affirmative Action Commission – Reappointment (by Councilman Britto)

Angie Lovegrove, 235 Don Avenue (02914)

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B.     Economic Development Commission – Reappointment (by Mayor Briden)

Fred Radway, 255 Pleasant Street (02916)

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C.     Economic Development Commission – Reappointment (by Mayor Briden)

Maria Lindia, 33 Milburn Road (02914)

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X.                ORIDINANCES FINAL PASSAGE - PUBLIC HEARING Video Icon

 

A.    AN ORDINANCE IN AMENDMENT OF CHAPTER 17 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “UTILITIES.”

 

            SECTION I.  Subsection (d) of Section 17-36 entitled “Water rates” of Article II entitled “Water” of Chapter 17 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Utilities,” is amended to read as follows:

 

(d)  Any amount unpaid on the due date, after a seven (7) calendar day grace period, shall be subject to a penalty at the rate of 12 per centum, per annum.

 

SECTION II.  Section 17-37 entitled “Water service” of Article II entitled “Water” of Chapter 17 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Utilities,” is amended to read as follows:

Sec. 17-37. Water service fees.

Fees for service charges for the following services performed by the water department are hereby fixed as follows:

(1)  Installation of water meter .....$50.00

(2)  Testing water meter under existing regulations or when requested by customer:

a.    1-inch and smaller .....25.00 No charge

b.    1.5-inch and larger .....Actual cost

(3)  Turning off or turning on water after working hours at request of customer (non-emergency): Actual labor cost

(4)  Turning on water after customer pays delinquent bill .....25.00

(5)  Shut off charge (for nonpayment) .....50.00

(6)  Fire protection service sprinkler or private hydrant:

a.  Six-inch pipe serviced to property, annual .....225.00

b.  Eight-inch pipe services to property, annual .....300.00

c.  Two-inch pipe serviced to property, annual .....100.00

d.  Sprinkler system on domestic service .....100.00

(7)  Fire flow test .....100.00

(8)  Final reading and closing statement .....25.00

(9)  Frozen meter: Actual repair cost

(10)  Bacteria sample—New water main disinfection .....40.00

 

SECTION III.  Article II entitled “Water” of Chapter 17 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Utilities,” is amended by adding thereto the following:

 

Sec. 17-38.  Water shutoff hardships.

 

The city administration shall be charged with establishing a water service shutoff policy pursuant to the following conditions;

 

(1)   Those seeking relief from water shutoffs due to financial or medical hardships will appeal to the city’s administrative process for relief.  Medical hardship is defined as a medical condition of a customer or member of the customer’s household in which the cessation of water service would create a health hazard.  Medical documentation of the condition must be presented to substantiate the hardship.  Financial hardship is defined as a death, disability or incapacity of the customer or a member of the customer’s household that causes a substantial impact on the income of a customer or customer’s household.  Financial documentation of the loss must be presented to substantiate the hardship.

(2)   Appeals of the city administration decision regarding a “water shutoff” for medical or financial hardships may be appealed to the city council sitting as the claims committee within 7 days of the city administration’s decision.  Appeals must be heard within 21 days upon receipt by the city.

(3)   Upon the filing of a hardship request with the city administration by a customer, the customer’s shutoff shall be stayed until the matter is heard and decided by the City Council.  Should a hardship not be granted, the customer shall have five (5) business days to pay prior to shutoff.

(4)   Any substantive changes to the administration’s shut-off policy shall be transmitted to the city council and entered into the record. The new policy shall not take effect for thirty days after transmittal and shall be posted on the city’s website.

 

SECTION IV.  Subsections (e) and (g) of Sec. 17-183 entitled “Charges to be based upon water consumption; rate” of Article III entitled “Sanitary Sewer System” of Chapter 17 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Utilities,” are amended to read as follows:

(e)  Any amount unpaid on the due date, after a seven (7) calendar day grace period, shall be subject to a penalty at the rate of 12 per centum, per annum.

 

(g)  Upon written request of the property owner, an adjustment of an excessive sewer consumption charge may be approved by the city council sitting as the claims committee with a review and recommendation by the director of public works if the request meets all of the following conditions:

(1)  The excessive consumption must exceed the average of three (3) prior years same period consumption at the property by 33 percent.

(2)  Excessive use cannot be caused by change in use, i.e., added living units or conversion from residential to commercial.

(3)  If the property was billed for water that did not enter the sewer system during a specific time period, the customer shall provide documentation from a licensed plumber supporting the occurrence and repair of the leak, along with a copy of the paid repair receipt. The customer may also provide additional documentation to prove that water did not enter the sewer system to the satisfaction of the director of public works. The average usage for the property will be determined by meter readings. This average will be compared to the period in question, to establish whether or not an adjustment is warranted.

(4)  If the customer is unable to provide documentation as noted in the section above, the adjustment to the sewer consumption charge will be computed in accordance with the following formula:

Total billed consumption, minus prior year same period consumption, equals excessive consumption. Excessive consumption divided by two, plus normal consumption, equals the total adjusted consumption upon which the adjusted sewer consumption charge will be calculated. The calculation will be made using the sewer charges in effect for the billing period in question.

(5) The adjusted amount will be deducted from the amount owed if the bill is unpaid or credited to the account if the bill has been paid. There will be no adjustment of interest charges unless the written request had been received prior to the due date of the bill.

 

SECTION V.  This ordinance shall take effect upon its second passage and all ordinances or parts of ordinances inconsistent herewith are hereby repealed.

 

Requested by:  Councilman Faria

 

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XI.             NEW BUSINESS

 

A.    City Managers Report  (by City Manager Timothy Chapman) Video Icon

1.  Energy Efficient Services Project Provider RFP

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2.  DPW Fleet Fuel Tank Replacement Project RFQ

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3.  “VAMCO” Bullocks Point Avenue Property Information

4.   Planning Board Recommendation for Land Donation (0 Hoppin Avenue, Map 411, Block 16, Parcel 11) from Patricia Conaty

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5.  School Committee Request for Approval of Final Tentative Agreement between East Providence School Committee and the East Providence Paraprofessional Association

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B.     Reports of Other City Officials Video Icon

 

1.   Claims Committee Report (by City Solicitor Gregory Dias)

 

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2.   Bankruptcy Case No. 17-10056 regarding Agawam Hunt (by City Solicitor Gregory Dias)

 

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3.   City Council Meeting Dates 2018 (by City Clerk, Kim Casci-Palangio)

 

January 2 & January 16

February 6 & February 20

March 6 & March 20

April 3 & April 17

May 1 & May 15

June 5 & June 19

July 17

August 21

September 4 & September 18

October 2 & October 16

November 6 (Election Day) Council Meeting to be held November 7 & November 20

December 4 & December 18

*All Council meetings will begin at 7:30PM unless otherwise noted.

 

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4.   Claims Committee Meeting Dates 2018 (by City Clerk Kim Casci-Palangio)

 

January 2 & January 16

February 6 & February 20

March 6 & March 20

April 3 & April 17

May 1 & May 15

June 5 & June 19

July 17

August 21

September 4 & September 18

October 2 & October 16

November 6 (Election Day) Council Meeting to be held November 7 & November 20

December 4 & December 18

*All Claims Committee meetings will begin at 7:00PM unless otherwise noted.

 

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C.    Report of School Committee Liaison Video Icon

D.    Introduction to Ordinances Video Icon

 

1.      AN ORDINANCE ESTABLISHING THE ANNUAL SALARY OF THE MAYOR ELECT PURSUANT TO THE AMENDMENTS TO THE CITY CHARTER PASSED AT THE NOVEMBER 7, 2017 SPECIAL ELECTION

 

            SECTION I.  The annual salary of the Mayor shall be $90,000.00 and all other ancillary benefits of employment enjoyed by department heads.

 

SECTION II.  This ordinance shall take effect upon the swearing in of the Mayor Elect in January 2019 and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.

 

Requested by:  Mayor Briden

 

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XII.          ADJOURNMENT Video Icon

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*If communications assistance is needed or any other accommodations to ensure equal participation please contact the City Clerk’s at 435-7590.

 

Published by ClerkBase
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