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Date Posted:  July 19, 2017

 

 

 

 

CITY OF EAST PROVIDENCE

RHODE ISLAND

DOCKET OF REGULAR COUNCIL MEETING

July 26, 2017

7:00 P.M.

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

7:00 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).

 

Motion___By___2nd___

                                                Botelho___Britto ___Faria___Sousa___Briden__

 

A.    New Claims

1.      William Lopez, Jr.

2.      Laura McGinn

3.      Maryjane H. Ougheltree

4.      Peter R. Shank

 

B.     Pending Claims

1.      Priscilla Mason

 

C.    Sewer Charge Abatements

1.      Beverly Bazar

2.      Richard R. Cordeiro, Sr.

3.      Maria DaRocha

4.      Kimberly DaSilva

5.      Angie Lovegrove

6.      Weixing V. Wang

 

II.                OPEN SESSION

 

III.             CALL TO ORDER

           

IV.             SALUTE TO THE FLAG

 

V.                TO APPROVE THE 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 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.      Notice of New Property Number, 54 Raymond Street (02914), Map 406, Block 03, Parcel 008.10, Zoning R4.

2.      Notice of New Property Number, 22 Miles Avenue (02914), Map 305, Block 08, Parcel 005.10, Zoning R4.

3.      CRMC July 2017 Calendar.

4.      Middle Town Resolution in opposition to H5475 and S0481 an Act Relating to Cities and Towns – Subdivision of Land. 

5.      Cranston Resolution in support of H6204 an Act Relating to Maintenance of Town Roads and Urging Passage by the General Assembly. 

6.      North Smithfield Resolution in support of the adoption of legislation that provides reimbursement for cost of the municipal police training academy. 

 

B.     Cancellations/Abatements

Year                                  Amount

2017                                  $25,196.94

Total                                 $25,196.94

 

C.    Alcoholic Beverage Class F

1.      Holy Ghost Brotherhood of Charity, 59 Brightridge Avenue (02914), Class Reunion, July 29, 2017, Lidia M. Alves.

2.      East Providence Elks Lodge 2337, 60 Berkeley Street (02914), Family Day, August 12, 2017, Marcie Mello.

3.      East Providence Elks Lodge 2337, 60 Berkeley Street (02914), Memorial Bike Run Event, September 17, 2017, Marcie Mello.

 

D.    Council Journals

1.Council Journal Regular Meeting June 20, 2017

 

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VI.             PROCLAMATIONS AND PRESENTATIONS

 

A.    East Providence Chamber of Commerce 120 Year Anniversary (by Mayor Briden)

 

VII.          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.  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

 

A.    Proclamation to be presented to The Beach Boys at August 9, 2017 Concert in East Providence (by Mayor Briden)

 

B.     Questions Regarding Budget Reserve Fund (by Councilman Botelho)

 

C.     Ward IV Constituency Issues (by Councilman Faria)

 

1.      Riverside Renaissance – Event Rocking Riverside

2.      Update on Sewer Plant

3.      Status of Revaluation Lawsuit (by Councilman Faria)

4.      Crescent Park Carousel Commission Master Plan Approval for Submission to the State Historic Commission

 

Motion___By___2nd___

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IX.             APPOINTMENTS

 

A.    Economic Development (by Mayor Briden)

Daniel R. Corria, 130 Mayflower Street (02914)

 

Motion___By___2nd___

                                                Botelho___Britto ___Faria___Sousa___Briden__

 

X.                PUBLIC HEARING

 

A.    AN ORDINANCE IN AMENDMENT OF CHAPTER 19 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND 1998, AS AMENDED, ENTITLED “ZONING”

 

SECTION I.  Sec. 19-490 entitled “Historic district commission” of Article X entitled “Historic Area Zoning” of Chapter 19 entitled “Zoning” is hereby amended to read as follows:

(a)  The commission shall consist of seven members who are residents of the city. Three members shall be members of the city historic properties designation and study commission, five of which shall be appointed by the city council with one at the recommendation of each council member, the remaining two shall be appointed by the mayor, provided that the initial members serve staggered terms. Four members shall be appointed by the city council and Members should have a demonstrated interest in historic preservation, architectural history, planning, archaeology, historic construction, architecture, or local history. The city council shall have the right to name a council member as an auxiliary member of the commission, appointed by the city council, to sit as an active, non-voting eighth member of the commission.

(b)  Appointed members shall serve a period of three years and be eligible for reappointment.  If a vacancy occurs on the commission, interim appointments of appointed members shall be made by the city council original appointing authority to complete the unexpired term of such position.

(c)  The commission shall organize annually by electing from its membership a chair, vice-chair, and secretary and may adopt rules of procedure deemed necessary in discharging its duties.

 

SECTION II.  Sec. 19-495 entitled “Coordinated review process” of Article X entitled “Historic Area Zoning” of Chapter 19 entitled “Zoning” is hereby amended to read as follows:

Sec. 19-495. Coordinated review process Functions of designation and study transferred.

(a)  The purpose of a coordinated review between the city historic properties designation and study commission and the historic district commission shall be to minimize the potential for conflicting opinions on matters related to historic preservation. The historic district commission may request from the city historic properties designation and study commission:

(1)  Written reports recommending structures, places, areas, and neighborhoods of a particular historic, aesthetic, architectural, archeological, or cultural significance or value to be designated by the city council as historic districts; and

(2)  Requests from the state historical preservation and heritage commission regarding the nomination of historic landmarks to the national register.

The historic properties designation and study commission shall be disbanded and dissolved and the functions, duties and authorities of that commission shall be subsumed into the historic district commission. The historic district commission will have the following added responsibilities.

(a)       Conduct a survey of neighborhoods, areas, places, and structures within the city for the purpose of determining those of a particular historic, aesthetic, architectural, archeological, or cultural significance or value and of compiling appropriate descriptions, facts and lists. As part of such survey the commission shall study and make report, in conjunction with and under the direction of the director of survey of the state historic preservation and heritage commission, of the exteriors of buildings, structures, features, sites, objects, and surroundings in the city. All survey and inventory work shall be conducted in accordance with the United States Secretary of the Interior's Standards and Guidelines; Archaeology and Historic Preservation, and shall be done to the satisfaction of the state historic preservation commission. The results of such survey shall be recorded on the historic building data sheet and shall be transmitted to the state historic preservation and heritage commission, along with copies of survey files and maps, and photographic negatives of all inventoried properties within 60 days of the completion of a survey project. In addition, all survey and inventory files shall be made available to the public upon request.

 

(b)      After careful study the commission shall make a written report to the city council which will recommend those structures, places, areas and neighborhoods of a particular historic, aesthetic, architectural, archeological, or cultural significance or value to be designated by the city council respectively as historic landmarks, historic sites.

 

(c)       Compile and maintain a list of designated historic landmarks.

 

(d)      Participate with and respond to the requests of the state historic preservation and heritage commission in the nomination of historic landmarks to the National Register.

 

(e)       The commission shall, as deemed appropriate or at the request of the mayor or city council, conduct a study of the need for the preservation of historic landmarks in the city. Based upon this study, the commission shall make a written report to the city council with recommendations regarding the preservation of historic landmarks. Any such recommendation including, but not limited to, the establishment of a historic zoning district, shall be consistent with any applicable laws of the state, the state historical preservation commission's certified local government program regulations and any applicable federal laws and regulations regarding historic preservation.

SECTION III.  This ordinance shall take effect upon passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.

Requested by:  Councilman Faria

 

Motion___By___2nd___

                                      Botelho___Britto ___Faria___Sousa___Briden__

 

XI.             PUBLIC HEARING - ORDINANCES FINAL PASSAGE

 

A.    AN ORDINANCE IN AMENDMENT OF CHAPTER 11 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “PERSONNEL”

SECTION I.  Subsection (b) of Sec. 11-235 entitled “Requirements for service retirement” of Article V entitled “Firemen’s and Policemen’s Pension Fund” of Chapter 11 of the Revised Ordinances of the City of East Providence, 1998, as amended, entitled “Personnel,” is amended to read as follows:

(b)  Any member shall be subject to compulsory retirement upon attainment of age 60 62.

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

Requested by:  Councilwoman Sousa

Motion___By___2nd___

                     Botelho___Britto ___Faria___Sousa___Briden__

 

B.     AN ORDINANCE IN AMENDMENT OF CHAPTER 2 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “ADMINISTRATION”

 

SECTION I.  Sec. 2-151 entitled “Purpose” of Division 6 entitled “Historic Properties Designation and Study Commission” of Article III entitled “Boards, Committees, Commissions” of Chapter 2 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Administration” is amended to read as follows:

Sec. 2-151.  Purpose. Designation and study transferred to historic district commission.

The purpose of this division is to enhance public awareness and interest in those structures, sites, monuments, and neighborhoods which contribute to the historic, aesthetic, architectural, archeological and cultural heritage of the city. The preservation, protection and perpetuation of such structures, sites, monuments and neighborhoods which serve as visible reminders of the history and heritage of the city is hereby declared a public necessity, required in the interest of the prosperity, safety, and welfare of the people of the city.

The functions of the former historic properties designation and study commission shall be exercised by the historic district commission under Chapter 19, Sec. 19-490 through Sec. 19-498.  The historic district commission shall be considered the successor organization to the historic properties designation and study commission for legal and continuity purposes.

SECTION II.  Secs. 2-152 through 2-156 of Division 6 entitled “Historic Properties Designation and Study Commission” of Article III entitled “Boards, Committees, Commissions” of Chapter 2 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Administration” are deleted in their entirety.

Sec. 2-152.  Establishment and composition.

There is hereby established a city historic properties designation and study commission hereinafter referred to as the "commission" which shall consist of 12 qualified members who are residents of the city and who shall be appointed by the city council as follows: One member of the commission shall be a member of the city council and shall serve as the commission's council liaison. One member of the commission shall be an employee of the city from the planning department. The city manager may make a recommendation to the city council regarding the appointment of the commission member from the planning department. Each member of the city council shall appoint two members to the commission from the public. To the extent that such professionals are available within the city the public appointees to the commission should be qualified in the disciplines of architecture, history, architectural history, planning, archeology and other historic preservation related disciplines and should demonstrate an interest, confidence or knowledge in historic preservation.

Sec. 2-153.  Terms of office.

The members of the commission shall serve terms of three years each, provided that the initial members shall serve staggered terms. The five additional members appointed by the city council in 1994 shall serve terms of three years each provided that for the members first appointed in 1994 shall serve staggered terms. Thereafter, all appointments shall be made for a term of three years. The terms of office of this commission shall continue to any successor commission created by the city council upon the recommendation of this commission based upon this commission's report to the council as hereinafter provided.

Sec. 2-154.  Organization; officers; rules; meetings.

(a)  The commission shall meet at regular intervals throughout the year, but at no time shall this be less than four times per year.

(b)  All meetings of the commission shall be open to the public.

(c)  The commission shall keep minutes of its meetings which shall be public records.

(d)  The city manager may designate employees of the city to assist the commission in their clerical tasks.

(e)  The commission shall elect a chair each year by a majority vote for a one-year term.

Sec. 2-155.  Powers and duties.

The commission shall have the following powers and duties:

(1)  Conduct a survey of neighborhoods, areas, places, and structures within the city for the purpose of determining those of a particular historic, aesthetic, architectural, archeological, or cultural significance or value and of compiling appropriate descriptions, facts and lists. As part of such survey the commission shall study and make report, in conjunction with and under the direction of the director of survey of the state historic preservation and heritage commission, of the exteriors of buildings, structures, features, sites, objects, and surroundings in the city. All survey and inventory work shall be conducted in accordance with the United States Secretary of the Interior's Standards and Guidelines; Archaeology and Historic Preservation, and shall be done to the satisfaction of the state historic preservation commission. The results of such survey shall be recorded on the historic building data sheet and shall be transmitted to the state historic preservation and heritage commission, along with copies of survey files and maps, and photographic negatives of all inventoried properties within 60 days of the completion of a survey project. In addition, all survey and inventory files shall be made available to the public upon request.

(2)  After careful study the commission shall make a written report to the city council which will recommend those structures, places, areas and neighborhoods of a particular historic, aesthetic, architectural, archeological, or cultural significance or value to be designated by the city council respectively as historic landmarks, historic sites.

(3)  Compile and maintain a list of designated historic landmarks.

(4)  Participate with and respond to the requests of the state historic preservation and heritage commission in the nomination of historic landmarks to the National Register.

(5) The commission shall conduct a study of the need for the preservation of historic landmarks in the city. Based upon this study, the commission shall make a written report to the city council with recommendations regarding the preservation of historic landmarks. Any such recommendation including, but not limited to, the establishment of an historic preservation commission or an historic zoning district, shall be consistent with any applicable laws of the state, the state historical preservation commission's certified local government program regulations and any applicable federal laws and regulations regarding historic preservation. Such report and recommendations shall be made to the city council within six months of the effective date of this division.

Sec. 2-156.  Designation of historic landmarks.

(a)  Upon the recommendation of the commission, the city council may after giving written notice to the owners and occupants of the affected property and after holding a public hearing, adopt an ordinance designating one or more historic structures, sites or landmarks. Designation of a historic structure, site or landmark shall be based on the following criteria:

(1)  Historical, aesthetic, architectural, archeological, and cultural significance.

(2)  Suitability for preservation or restoration.

(3)  Educational value.

(4) In order for any property to be designated in the ordinance it must meet the criteria established for inclusion in the state register of historic places.

(b) Upon adoption of the ordinance, the owners and occupants of each designated historic landmark shall be given written notification of such designation by the city council.

SECTION II.  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

 

Motion___By___2nd___

                                      Botelho___Britto ___Faria___Sousa___Briden__

 

XII.          LICENSES NOT REQUIRING PUBLIC HEARING

 

A.    Hawker (90 Day)

 

Mary Huard-Mello DBA Wonderland of Pearls, 161 Leonard Avenue (02914), Mary Huard-Melo, 161 Leonard Avenue (02914)

 

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                                      Botelho___Britto ___Faria___Sousa___Briden__

 

B.     Vict/Not over 50

 

Khoasan, LLC DBA Khoasan, 332-334 Warren Avenue, Katchakorn Wirassamee, 720 Fall River Avenue, Seekonk, MA 02771

 

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                                      Botelho___Britto ___Faria___Sousa___Briden__

 

C.    Vict/Not Over 50

L & B Properties, LLC BDA Overeasy Diner, 467 Willett Avenue (02915), William J. Fontaine, 161 Howard Avenue, Coventry (02816)

 

 

Motion___By___2nd___

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D.    Kennel

Heidi McNeil DBA Pooch Pawsitive, 10 Fairmount Avenue (02914), Hiedi McNeil, 12 Welfare Street (02914)

 

Motion___By___2nd___

                                      Botelho___Britto ___Faria___Sousa___Briden__

 

XIII.       NEW BUSINESS

 

A.    City Managers Report  (by City Manager Timothy

Chapman)

 

1.  Infrastructure Bank Clean Water Refund Savings

2.  Sabin Point Drainage Improvements

3.  Municipal Tipping Fee

 

B.     Reports of Other City Officials

 

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

 

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C.    Report of School Committee Liaison

D.    Resolutions

1.      RESOLUTION ADOPTING THE TECHNICAL AMENDMENT TO THE CITY CHARTER

WHEREAS, the East Providence City Council, under its authority as the legislative body of the City of East Providence pursuant to Article 13, Section 8 of the Constitution of the State of Rhode Island, hereby accepts the Technical Amendment to the East Providence City Charter as drafted by the East Providence Charter Review Commission; and

WHEREAS, said Technical Amendment, attached hereto, corrects scrivener errors, updates gender specific language to gender neutral language, and brings the Charter into accord with the Rhode Island Constitution and Rhode Island General Laws.  Specifically, the Technical Amendment incorporates the language and intent of the Ballot Question approved by the East Providence Electorate in November 2016 effectively converting the Charter to a Mayoral form of government; and

WHEREAS, said Technical Amendment in no way makes any changes to existing legal authority nor does it have any substantive impact on the operations of the government of the City of East Providence beyond that which was approved by the East Providence Electorate in November 2016.  If any provision of the Technical Amendment is found to exceed that scope and to have any substantive impact on present legal authority or is found to have any impact on the operations of the government of the City of East Providence, said provision is null and void and shall be struck as an ultra vires legislative action for failure to conform to Article 13, Section 7 of the Rhode Island Constitution.

Requested by:  Mayor Briden

Motion___By___2nd___

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2.      RESOLUTION IN SUPPORT OF THE FAMILY SERVICE OF RHODE ISLAND

FUNDING APLICATION TO THE STATE’S VICTIM OF CRIME ACT ADVISORY COMMITTEE

 

WHEREAS, Family Service of Rhode Island’s Family Violence Intervention Program, an agency which is celebrating its 125th anniversary, is a vital community resource addressing the trauma that crime victims experience as a consequence of child abuse and other heartbreaking issues; and

 

WHEREAS, these issues not only affect the victims, but also the lives of their families, friends and the community as a whole; and

 

WHEREAS, last year, the Family Violence Intervention Program provided nearly 100 East Providence residents with crisis intervention services, access to the Crime Victims Compensation Fund, and linkages to follow up social, legal, and educational services; and

 

WHEREAS, Family Service of Rhode Island has submitted a funding application to the state’s Victims of Crime Act Advisory Committee for critical funding to enable this program to continue to serve East Providence residents in crisis.

 

NOW, THEREFORE, BE IT RESOLVED that the East Providence City Council asks the state’s Victim of Crime Act Advisory Committee to approve Family Service of Rhode Island’s application and hereby commends Family Service of Rhode Island for its tireless work caring for East Providence’s most vulnerable residents.

 

 

Requested by:  Mayor Briden

 

Motion___By___2nd___

                                      Botelho___Britto ___Faria___Sousa___Briden__

 

E.     Introduction to Ordinances

 

1.      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”

 

SECTION I.  Sec. 8-33 entitled “Sale, possession and use of explosives” of Article II entitled “Miscellaneous Business and Occupational Licenses and Permits” of Chapter 8 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Licenses and Business Regulations” is amended to read as follows:

 

Sec. 8-33. Sale, possession and use of explosives. Bond required for blasting.

 

Whenever a license or permit is granted to any person from the state fire marshal to conduct sell, possess or use explosives blasting operations in the city, the fees for such license or permit are hereby fixed as follows: the city building inspector or his/her designee may require a bond be given, with a surety company as surety, running to the city in such amount as the building inspector and director of public works deem necessary to indemnify and hold harmless the City and such companies for any and all damages that may occur as a result of the blasting or excavating. Such bond shall not exceed $10,000, and shall in no way limit the liability of such person for any damages caused.

(1)  Dealer, annually ..... $50.00

(2)  Possessor, annually ..... 25.00

(3)  Blasting, per location ..... 50.00

 

SECTION II.  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

 

Motion___By___2nd___

                                      Botelho___Britto ___Faria___Sousa___Briden__

 

 

2.      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”

 

SECTION I.  Sec. 8-142 of Article VII entitled “Hawkers and Peddlers” of Chapter 8 entitled "Licenses and Business Regulations" of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, is hereby amended by adding thereto the following:

 

            (c)  All hawkers/peddlers are required to submit with their application a list of up to ten (10) locations where they propose to stop and remain for any period of time so the police chief and the city council can review and approve the locations before the license is approved.  If the hawker/peddler wishes to add locations at a later date, they must appear again in front of the city council for approval by the police chief and the council of the new location(s).

 

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

 

Requested by:  Councilman Botelho

 

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

 

XIV.       ADJOURNMENT

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

 

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

 

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