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Date Posted:  June 16, 2017

 

CITY OF EAST PROVIDENCE

RHODE ISLAND

DOCKET OF REGULAR COUNCIL MEETING

June 20, 2017

6:45P.M.

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

6:45P.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).

 

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A.    New Claims

1.      Richard Asermely

2.      CEI Group, Inc.

3.      Richard Silva

 

B.     Sewer Charge Abatements

1.      Timothy G. Errington

2.      Michael & Janet Papagni

3.      Ralph A. Paparella

4.      Jenny Pezzullo

5.      Geraldo Rodrigues

6.      Larissa Sayig

 

C.    Litigation

 

1.      Providence Superior Court Case and Commission for Human Rights matter regarding Kathleen T. Waterbury vs. City of East Providence, Richard Kirby, Paul Lemont and Fire Chief Oscar Elmasian – Status Report

2.      Providence Superior Court Case and Commission for Human Rights matter regarding Lita Garrett vs. City of East Providence – Status Report

 

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.      CRMC Semi Monthly Meeting Agenda.

 

B.     Cancellations/Abatements

 

Year                      Amount

2017                      $123,391.68

 

Total                     $123,391.68

 

C.    Council Journals

1. Council Journal Regular Meeting June 6, 2017

 

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VI.             PROCLAMATIONS AND PRESENTATIONS

 

A.    Proclamation for Planning Director Jeanne Boyle

 

State of Rhode Island and Providence Plantations

City of East Providence

Proclamation

WHEREAS,                 We are here today to say farewell and give special recognition and gratitude to Jeanne M. Boyle, to honor her for a distinguished twenty-nine year career with the City of East Providence, twenty-seven years as Director of Planning; and

 

 WHEREAS,                Jeanne’s tenacity and attention to detail coupled with her many talents has enabled her to spearhead numerous planning efforts on a multitude of projects in economic development, recreational, cultural and arts opportunities, historic preservation, and transportation improvements City-wide, some of these include; Waterfront Drive, the Tockwotton Home, University Orthopedics, Kettle Point, the Rumford Center, Sabin Point Park, Watchemoket Square, Live Nation, and the designation of historic districts in Riverside; and

WHEREAS,                 Jeanne was instrumental in the development of the East Providence Waterfront Special Development Districts and Zoning and served as the Commission’s first Executive Director, where her tireless efforts over many years are culminating in the current redevelopment of the City’s waterfront, a place now available for work, living, shopping, and leisure experiences for the residents of East Providence and beyond; and   

 

WHEREAS,                 Jeanne has been honored by the Rhode Island Chapter of the American Planning Association, Grow Smart Rhode Island, received the prestigious 2014 Robert M. Goodrich Public Service Award from the Rhode Island Public Expenditure Council, serves on the State Planning Council, and the Board of the Rhode Island Resource Recovery Corporation; and

WHEREAS,               East Providence is very fortunate for Jeanne’s talent, devotion and vision, and for leaving a legacy that will have a lasting effect for generations.

NOW THEREFORE, I, James Briden, Mayor of the City of East Providence, on behalf of the entire City Council, do hereby extend our sincerest congratulations and gratitude to Jeanne Boyle and wish her success in her future endeavors.  

Given under my hand and seal of the City this twentieth day of June, two thousand seventeen.

 

 

B.     Recognition of the Boy Scouts of America regarding Earth Day and Arbor Day (by Councilwoman Sousa)

 

C.     Sax’s Steak and Pizza 15th Year Anniversary (by Councilwoman Sousa )

 

VII.          COMMUNICATIONS

 

A.    Tory Jessup, 102 Tryon Avenue requesting to address the Council regarding the 16th Annual Neighborhood Block Party on July 15, 2017 blocking off Tryon Avenue at the corner of Gibbs Street and the corner of Merchant Street and that Estelle Street be blocked at Ferris Avenue. 

 

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B.     Stephen Tague, 74 Ide Avenue requesting to address the Council regarding a fenced in patio with bar and entertainment subject to zoning approval. 

 

C.     Jason Desrosiers, 80 Village Green North (02915) requesting to address the Council regarding the treatment of mental illness and disabilities by the Council. 

 

VIII.       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.

 

IX.             APPOINTMENTS

 

A.    Traffic Control (by Councilwoman Sousa)

William Mirandi

11 Chedell Avenue (02914)

 

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B.     Traffic Control (by Councilwoman Sousa)

Donna Barboza, 129 Walnut Street (02914)

 

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C.     Veterans Advisory Committee (by Councilman Botelho)

Henry Sanchez - 880 Veterans Memorial Parkway.

 

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D.    Traffic Control (by Councilman Faria)

Sean M. Feeney, 22 Lindy Avenue (02915)

 

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X.                Council Members

 

1.      Hawkers and Peddlers Licenses (by Councilman Botelho)

 

2.      Pawtucket Avenue/Wampanoag Trail Intersection – Code enforcement issues and update.  (by Councilman Botelho)

 

3.      Employee Hiring Practices (by Councilman Faria)

 

4.      Ward IV Constituency Issues (by Councilman Faria)

 

5.      Recognition for those who participated in East Providence Day of Portugal (by Councilwoman Sousa)

 

XI.             LICENSES REQUIRING PUBLIC HEARING

 

A.    B – Full Privilege Vict

The Burrito Bowl, LLC, 809 Broadway, (02914), Hipolita Thimas, 213 Paradis Avenue, Woonsocket (02895)

 

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XII.          LICENSES NOT REQUIRING PUBLIC HEARING

 

A.    Holiday Sales

Phantom Fireworks Eastern Region, 2445 Belmont Avenue, Youngstown, OH, 44505, Jennifer Flora, 68 Abbott Street, 1st Floor, Providence (02906)

 

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B.     Peddler – Hot Dogs Etc.

Antonio Lopes DBA Taste of Island, 57 Highland Avenue, Johnston (02919), Antonio Lopes, 57 Highland Avenue, Johnston (02919)

 

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XIII.       NEW BUSINESS

 

A.    City Managers Report  (by City Manager Timothy

Chapman)

 

1.  Chevron Development Presentation; and

2.  Worker’s Compensation Informational Presentation

 

B.     Reports of Other City Officials

 

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

 

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2.  2015 Audit Presentation (by Director of Finance Malcolm Moore)

 

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

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E.     Introduction to Ordinances

 

1.      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

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2.      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

 

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3.      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

 

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XIV.       ADJOURNMENT

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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.

 

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