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).

A.    Pending Claims

1.      Thomas Riley

B.     Claims for Reconsideration

1.      Sean Lariviere

C.    Sewer Charge Abatements

1.      Sandra Camara

2.      Luisa Maciel

3.      John Martins

4.      Frankin O’Dell

5.      Taylor Drive Associates

D.     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.      Bankruptcy Case No. 17-10056 regarding Agawam Hunt.

E.     Collective Bargaining:

1.   School Committee Request for Approval of Final Tentative Agreement between East Providence School Committee and the Administrative Assistants (Secretaries) Union (EP Educational Secretaries/NEARI).

2.   School Committee Request for Approval of Final Tentative Agreement between East Providence School Committee and the Custodians Union (Council 94).

II.                OPEN SESSION

III.             CALL TO ORDER

Mayor Briden calls the meeting to order at 8:06PM

X.                APPOINTMENTS

A.    Historic District Commission (by Mayor Briden)

Elizabeth Viall, 138 Narragansett Terrace (02915)

A motion to approve the Appointment is made by Assistant Mayor Britto, seconded by Councilwoman Sousa and on a roll call vote it is unanimous. 

B.     Economic Development (by Mayor Briden)

Samantha Burnett, 304 Wilson Avenue (02916)

A motion to approve the Appointment is made by Councilwoman Sousa, seconded by Assistant Mayor Britto and on a roll call vote it is unanimous. 

C.     East Providence Housing Authority – Resident Re-Appointment (by Mayor Briden)

Eileen Bowden, 99 Goldsmith Avenue, Apt 506 (02914)

A motion to approve the Appointment is made by Councilman Faria, seconded by Councilwoman Sousa and on a roll call vote it is unanimous. 

D.    Carousel Park Commission  (by Councilman Faria)

Tony Ottone, Jr., 5 Cul De Sac Way (02915)

A motion to approve the Appointment is made by Councilman Faria, seconded by Councilwoman Sousa and on a roll call vote it is unanimous. 

E.     Carousel Park Commission (by Councilman Faria)

Joanne Estrella, 56 Grosvenor Avenue (02914)

A motion to approve the Appointment is made by Councilwoman Sousa, seconded by Councilman Faria and on a roll call vote it is unanimous. 

Unanimous Consent is granted to move the Ordinances to this location on the docket. 

F.     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.  Chapter 8 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Licenses and Business Regulations” is amended by adding thereto the following:

ARTICLE XXIII TOBACCO AND RELATED PRODUCTS

Sec. 8-578. Definitions.

Cigar means any roll of tobacco other than a Cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing more than four (4) pounds per thousand.

Cigarette means: (1) any roll of tobacco wrapped in paper or in any substance not containing tobacco, and (2) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in clause (1) of this definition.

Component part means any element of a tobacco product, including, but not limited to, the tobacco, filter, and paper, but not including any constituent.

Constituent means any ingredient, substance, chemical, or compound, other than tobacco, water, or reconstituted tobacco sheet, which is added by the manufacturer to a tobacco product during the processing, manufacture, or packing of the tobacco product. Such term shall include a smoke constituent.

Cigarette rolling paper is any paper designed, manufactured, or marketed for the purpose of smoking tobacco, marijuana, cocaine, or other organic or mineral matter excluding cigarette paper used in the industrial manufacture of cigarettes or sold inside a container or package with loose tobacco where the number of papers in the container or package is reasonably necessary to roll the loose tobacco in the container or package into cigarettes.

Consumer means a person who purchases a tobacco product for consumption and not for sale to another.

Distinguishable means perceivable by an ordinary consumer by either the sense of smell or taste.

Little cigar means any roll of tobacco other than a Cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing no more than four pounds per thousand. “Little Cigar” includes, but is not limited to, tobacco products known or labeled as “small cigar” or “little cigar.”

Non-cigarette tobacco product means a tobacco product that is not a cigarette.

Package or packaging means a pack, box, carton, or container of any kind or, if no other container, any wrapping (including cellophane) in which a tobacco product is sold or offered for sale to a consumer.

Person means any natural person, partnership, firm, joint stock company, corporation, or employee thereof, or other legal entity.

Sale or sell means any transfer, exchange, barter, gift, offer for sale, or distribution for a commercial purpose, in any manner or by any means whatsoever.

Smoke constituent means any chemical or chemical compound in mainstream or side stream tobacco product smoke that either transfers from any component of the tobacco product to the smoke or that is formed by the combustion or heating of tobacco, additives, or other component of the tobacco product.

Tobacco product means: (1) any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoke, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, and snuff; and (2) any electronic device that delivers nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah. Notwithstanding any provision of clauses (1) and (2) in this definition to the contrary, tobacco product includes any component, part, or accessory of a tobacco product, whether or not sold separately; tobacco product does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose.

Vending machine means any mechanical, electric, or electronic self-service device which, upon insertion of money, tokens, or any other form of payment, dispenses tobacco products.

Sec. 8-579. License required.

It shall be unlawful to sell or to possess with the intention of selling tobacco products within the city without having first obtained a tobacco dealer’s license pursuant to this article. Such license shall be in addition to any other license required by state and/or federal law. A tobacco dealer’s license is valid for one person at one location and may not be transferred from one person to another or from one location to another. Failure to obtain and maintain a valid license shall result in a fine of five hundred ($500) dollars. The fee for the tobacco dealer’s license shall be one hundred twenty-five ($125) dollars per year. All licenses granted under the provisions of this article shall be displayed in a conspicuous place within the business so licensed.

Sec. 8-580. License eligibility.

Licenses shall only be granted to authorize the sale of tobacco products within the city at a fixed location. The sale of tobacco products by persons on foot or from vehicles is prohibited.

Sec. 8-581. License application; term.

Application for a license shall be submitted to the city clerk together with an application fee of fifty ($50) dollars. A tobacco dealer’s license shall be effective through the thirty-first day of December of the calendar year for which it is issued. No license shall be granted without proof that the applicant has obtained all necessary state licenses for the sale of tobacco products.

Sec. 8-582. Requirements and prohibitions applicable to licensees.

(a)    No licensee, or employee or agent of such licensee, shall sell or possess with the intention of selling a tobacco product to another person who appears to be under the age of twenty-seven (27) years without first examining the identification of the recipient to confirm that the recipient is at least eighteen (18) years of age which is the minimum age under state law to purchase and possess the tobacco product.

(b)   Display of price. The price of each tobacco product offered for sale shall be clearly and conspicuously displayed to clearly indicate the price of the product.

(c)    Packaging and labeling. No licensee, or employee or agent of such licensee, shall sell any tobacco product unless such product: (1) is sold in the original manufacturer’s packaging intended for sale to consumers; and (2) conforms to all applicable federal labeling requirements.

(d)   Minimum packaging for little cigars and cigars. No licensee, or employee or agent of such licensee, shall sell:

(1)   Any little cigar unless it is sold in a package of at least twenty little cigars.

(2)   Any cigar unless it is sold in a package of at least six cigars; provided, however, that this subsection shall not apply to a cigar that has a price of at least ten ($10) dollars per cigar.

(e)    No licensee shall place any tobacco products within eighteen (18) inches of candy or toys.

(f)    No licensee shall engage in the operation of selling cigarettes by vending machine provided, however, that this section shall not apply to:

(1)   Cigarette vending machines in establishments where, as a condition of entry to the premises and access to the cigarette vending machine, persons are required to be at least 18 years of age; or

(2)   Vending machines equipped and used with operating lock box or similar control device which requires intervention of an adult to obtain cigarettes from the vending machine.

Sec. 8-583. Fines, suspension or revocation of license.

(a)    Any licensee that shall engage in the operation of selling cigarettes by vending machine, except as provided above, shall be punished by a fine of not less than $200.00 for the first offense, not less than $300.00 for the second offense, and not less than $500.00 for the third and subsequent offense.

(b)   Any licensee, person, firm, corporation, establishment or agency that engages in the operation of selling cigarette rolling papers shall be punished by a fine of not less than $200.00 for the first offense, not less than $300.00 for the second offense, and not less than $500.00 for the third and subsequent offense.

(c)    If any licensee, person, firm, corporation, establishment or agency engages in the operation of selling cigarettes to a minor, the police department shall issue a citation that will require the licensee to appear for a show cause hearing before the municipal court.  If, after a hearing, the court finds that a violation has occurred, the court shall impose a civil fine of five hundred ($500) dollars for the first offense, seven hundred and fifty ($750) dollars for a second offense, and one thousand ($1,000) dollars for any subsequent offense.

(d)   The police department shall enforce the provisions of this article. All licensees shall be subject to a compliance check at least two (2) times a year; violators shall be checked more frequently until two (2) consecutive compliance checks are completed without violation.

(e)    The city council may suspend or revoke the license after a second and/or any subsequent offense after a public hearing. If a licensee maintains its license for thirty-six (36) consecutive months without a violation, any new violation shall be treated as a first offense.

Sec. 8-584. Use of premises during license suspension.

During the period of any suspension of a tobacco dealer’s license, the licensee shall remove all tobacco products from the retail display area of the location and secure them in a locked area for the duration of the suspension. If, at any time during the suspension period, the licensee is found to be selling, distributing, or delivering any tobacco products, the license shall be revoked.

Sec. 8-585. Vending machines.

Businesses which have vending machines shall be subject to the same fines and penalties as described in section 8-583 of this article. In the event that a tobacco dealer’s license is suspended or revoked, then the vending machine shall be removed from the licensed location for the period of suspension or revocation.

Sec. 8-586. Use of License fees and fines

One Hundred (100%) percent of the total funds from license fees and fines derived per fiscal year shall be granted to the East Providence Prevention Coalition or to any bona fide successor organization. The application fees shall be appropriated to the city clerk’s office for the costs of license processing.

Sec. 8-587. Severability.

If any provision of this article, or application thereof to any person or circumstances, is held unconstitutional, illegal, or otherwise invalid, the remaining provisions of this article and the application of such provisions to other persons or circumstances, other than those to which it is held invalid, shall not be affected thereby.

SECTION II.  This ordinance shall take effect on January 1, 2018 and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.

Requested by:  Councilman Faria

Assistant Mayor Britto states he looks at this as a tax on top of a tax.  Adding the tobacco age is already set.

Councilman Faria states this is about carding and the proceeds go back to the kids for awareness and enforcement.

Assistant Mayor Britto states he doesn’t see what is wrong with the laws and procedures already existing.

Chief Parella is called the podium.  He states he supports any initiative that enforces.  The way he understands it is that it gives the city an ordinance to enforce and requires the EPPD to twice a year to go out to make sure they comply.   He would partner with the substance abuse task force and they usually get grant monies and utilize juvenile decoys who would go out to check.   There is some money involved and the fees would go to the substance abuse task force to continue the program.

Assistant Mayor Britto asks if they are tying up resources and asks if there is a state law that prohibits this already.

Chief Parella states there is a state law.  He adds that typically they handle this in a reactionary manner.

Assistant Mayor Britto asks if they do the same with alcohol.

Chief Parella states they have and what this would do is that they would utilize municipal court for individual violators and the council would handle the license holders providing the city with some say.

Assistant Mayor Britto states he looks at it as another tax and they have laws to protect them already.

Chief Parella states this ordinance actually requires that they target every license holder twice a year and it forces them to do it.   It is a big undertaking so they would do them in 4 hour block details.  It would cost money and some would come from substance abuse and some from the fees collected.  No cost has been estimated.

Councilman Botelho states the cost is really $175 due to the $50 application fee and on top of that he would like to know who goes in.

Chief Parella states that what they would typically do is if they get the grant money set up with juvenile decoys, take them out and they try to make a buy and they would do this in the course of a detail.

Councilman Botelho asks about other cities and towns.

Chief Parella states there are many other cities and towns who are already doing this it's only new here.  It would be something done at a city level.  It would go through municipal court which would bring fines to the city.   When going to municipal court rather than state court the judge has more leverage and there is more local say.

Councilman Botelho states that in general he supports this item for first passage but would like for second passage to reach out to the chamber of commerce to weigh in on this.

Mayor Briden states he would like to hear more of if this is working in other municipalities and if it does how many hours is needed and is it deemed to be a good program.

The City Clerk is instructed to contact Laura McNamara from the East Providence Chamber of Commerce and to contact the RI Tobacco Control Program regarding how well it is working in other cities and towns and for the Chief of Police to also look into how well it is working in other communities.

A motion to approve the Ordinance for First Passage is made by Councilman Faria, seconded by Councilwoman Sousa and on a roll call vote the motion passes 4-1 with Assistant Mayor Britto voting Nay.

2.   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 three (3) business 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

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

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

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

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

(65)  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

(76)  Fire flow test .....100.00

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

(98)  Frozen meter: Actual repair cost

(109)  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)   Water utilities shall not be shutoff for any other delinquency than for non-payment for water or wastewater services.

(2)   There shall be a medical hardship exemption, with the presentation of medical documentation establishing a medical hardship on the part of a customer or member of the customer’s household in which the cessation of water service would create a further health hazard. A medical hardship shall allow for water service to continue as long as all current charges after the granting of the hardship are paid and as long as a payment of twenty-five ($25) dollars or more is made against the past due balance per month. The determination of a medical hardship shall be made by the Director of Finance or designee. Upon denial of a medical hardship, the customer may first appeal to the chief executive officer of the city and then, if still denied, may appeal to the city council sitting as the claims committee. Medical hardships shall last no more than six (6) months without applying for an extension.

(3)   There shall be a financial hardship exemption, a financial hardship exemption shall be defined as a sudden and unexpected drop in household income of thirty three (33%) or more for reasons such as unemployment, disability, death or incapacity of an income generating family member or other similar circumstance or alternatively, by a catastrophic one-time expense or disaster such a fire or other major loss. A financial hardship shall allow for water service to continue as long as all current charges after the granting of the hardship are paid and as long as a payment of twenty-five ($25) dollars or more is made against the past due balance per month. Financial hardships shall be re-assessed every six (6) months and in the case of unemployment or under employment, a demonstration of good faith to find work may be required. The determination of a financial hardship shall be made by the Director of Finance or designee. Upon denial of a financial hardship, the customer may appeal first to the chief executive officer of the city and then, if further denied, to the city council sitting as the claims committee.

(4)   Upon an appeal to the city council sitting as the claims committee, the customer’s shutoff shall be stayed until the committee renders a decision. Should a decision be rendered in favor of the city, the customer shall have five (5) business days to pay prior to shutoff.

(5)   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 three (3) business 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, solely for the reason of leaks or other issues with plumbing, 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.

(54) 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

Councilman Faria notes there are a few amendments which he asks the Solicitor to pass out to Councilmembers.

Councilman Faria states he just wants to make sure all the tax payers have an option to appeal.

Assistant Mayor Britto states if they pay what their past due is month to month doesn’t it mean they can’t be delinquent.

Councilman Faria states that in the end the council decide.  It is discretionary and the council will have to take accountability.  They are talking about foreclosures.  They don't have to vote yes on the hardship.

Assistant Mayor Britto asks if this passes if they could find themselves in a position, for an example, a drop of income for 33% if they retire they can declare a hardship.

Councilman Faria states they can only put so many tools in the ordinance and it is on a case by case basis.  Obviously retirement doesn't qualify them.   They could lose their home.   Doesn’t he feel they are entitled to an appeals process?

Assistant Mayor Britto asks what is wrong with the current system to have to replace it.

Councilman Faria states the policy is here, it is reviewed by DPW and then brought to the council.   Adding he thought it was time to come up with a better ordinance other than one that limits it to plumbing issues.

Councilwoman Sousa notes the hardship part is giving them someone else to come to besides the administration if they feel as though they are not getting relief.

Councilman Faria states this board would just serve as a board of appeals.  These homes are going to tax sale with no due process.  If it was a property tax there is hardship, etc…

City Manager Chapman states that in about 2.5 months they have collected as of Friday, $407,000 and currently they have $82,000 in agreements and two are medical hardships and are the only ones that have applied and currently there are 9 shut offs, 3 are businesses and 2 are multi-family and 4 are single family homes.  They agreed until October 31st to end shut offs and then a tax sale.

Councilman Faria it is for those isolated cases.

Assistant Mayor Britto states it is too vague and there are a lot of unanswered questions.

Councilman Faria states it is just a tool.  It says may, they need to make a substantial showing for any appeal.

Councilman Botelho states that one of his concerns was forming another layer of bureaucracy and this one eliminates this which is fine with him.   His suggestion is to see the ordinance language cleaned up with this amended language in the body and would like to discuss with Councilman Faria working on Section 3.  They just need to work on it.  He offers to sit down and look at it in more detail.   It is tough to ingest inverting all this language at the last minute and there are a few other things to check over.

Assistant Mayor Britto notes there might be loopholes to correct which may end up hurting some people.

Mayor Briden asks if they would like to withdraw it this evening and establish a subcommittee to meet and work with the solicitor and administration on the language and get the data relevant to this year and how the existing policy was implemented and formulate a draft.   What he finds easier is more of a vetting process and he doesn't have all the information he needs.  He is concerned when people don't have water and would like insights on how they can fine tune the existing program.

Following discussion Councilman Faria withdraws the ordinance for this meeting and he and Councilman Botelho will form a subcommittee to work on the language.

3.   AN ORDINANCE IN AMENDMENT OF CHAPTER 9 OF THE  REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLE“MISCELLANEOUS OFFENSES”

A motion to dispense with the reading of the ordinance is made by Councilwoman Sousa, seconded by Councilman Faria and on a roll vote it is unanimous.

SECTION I.  Chapter 9 of the Revised Ordinances of the City of East Providence, Rhode Island 1998, as amended, entitled “Miscellaneous Offenses” is amended by adding thereto the following:

Sec. 9-20.  Reusable Carryout Bag Initiative--Purpose.

The purpose of this section is to improve the environment in East Providence and the health, safety, and welfare of its residents by reducing the number of plastic and paper bags being used and by encouraging the use of reusable carryout bags and banning the use of plastic bags for retail checkout of goods.  Retail establishments are encouraged to make reusable carryout bags available for sale.

Sec. 9-21.  Definitions.

As used in this section, the following terms shall have the meanings indicated:

Carryout bag means a bag used by the customer at the point of sale for the purpose of removing products purchased from retail establishments.  “Carryout bag” does not include plastic barrier bags, double-opening plastic bags, or plastic bags measuring larger than 28 inches by 36 inches.

Double-opening plastic bag means any thin plastic bag with a double opening (top and bottom) to protect clothing or other items for transport.

Paper bag means a paper bag that is fully recyclable overall and contains a minimum of 40% post-consumer recycled content and contains no old growth fiber.

Plastic bag means a bag where any portion of the bag is made of plastic, including, but not limited to, those called “biodegradable, “compostable” or “oxo-biodegradable”.

Plastic barrier bag means any thin plastic bag with a single opening used to:

a.         Transport fruit, vegetables, nuts, grains, small hardware items, or other items selected by customers to the point of sale;

b.         Contain or wrap fresh or frozen foods, meat, or fish, whether prepackaged or not;

c.         Contain or wrap flowers, potted plants, or other items where damage to a good or contamination of other goods placed together in the same bag may be a problem; or

d.         Contain unwrapped prepared foods or bakery goods.

Recyclable plastic means plastic that meets the current Rhode Island Resource Recovery Corporation’s standards.

Retail sales establishment means any enterprise whereby the sale or transfer to a customer of goods in exchange for payment occurring in retail stores, farmers’ markets, fleamarkets and restaurants.  This does not include sales of goods at yard sales, tag sales, other sales by residents at their homes and sales by nonprofit organizaitons.

Reusable carryout bag means a bag with handles which are stitched and not heat-fused that is specifically designed and manufactured for multiple reuse.  The bag must be made of washable cloth, other durable woven or nonwoven fabric, or durable plastic film that is recyclable plastic with a minimum thickness of four mils.

Sec. 9-22.  Regulations.

a.         Other than reusable carryout bags as provided in this section, no retail sales establishment shall make available any plastic carryout bags (either complementary or for a fee).

b.         All retail establishments that provide plastic produce, product, or double-opening bags must offer a recycling opportunity on site and must recycle any plastic collected in accordance with current laws.

c.         Nothing in this section shall preclude persons engaged in retail sales from making reusable carryout bags or paper bags available for sale to customers.

Sec. 9-23.  Enforcement; violations and penalties.

a.   This section shall be implemented, administered and enforced by the East Providence Police Department or any other City department or division designated by the City Manager.

b.   Upon being made aware of a potential violation of this section, the City of East Providence Police Department or other designee shall investigate and determine whether a violation has occurred.

c.   If the investigation confirms that a violation has occurred, then the East Providence Police Department or other designee shall give written notice to the owner of the property, the owner’s agent, or the person performing such violation that the violation is occurring and must stop.

d.   Such notice shall be in writing and may be served upon a person to whom it is directed, either by delivering it personally to him or her or by posting same upon a conspicuous portion of the property and sending a copy of same by certified mail to the person to whom the notice is directed.

e.   The owner, the owner’s agent, or the person performing the violation is responsible for confirming, in writing, that the violation has ceased to the East Providence Police Department or other designee within fourteen (14) days of receipt of the notice.

f.    A second violation after the fourteen (14) day response period of the first violation and within one year of receipt of the confirmation that the violation had ceased shall incur a penalty of $150.00.

g.   A third violation within one year of the second and any subsequent violations shall incur a penalty of $300.00.

h.   Each occurrence of a violation after the first, and each day that such violation continues, shall constitute a separate violation and may be cited as such.

Sec. 9-24.  Appeals.

Any violation charged under this section may be appealed, in writing, to the City Manager within fourteen (14) days of receipt of a written notice of violation.  The City Manager may waive the individual violation or the requirements of this section on showing of good cause or undue hardship.

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:  Councilwoman Sousa

Councilwoman Sousa states that this begin MA and CA.  In RI, Barrington started the ball rolling.  She states that once the bags get to the recycle plants they clog the machines daily at the landfill.  They fly around and have to have an extensive process to remove them.  It is a coastal issue for the environment.  She worked closely with the councilwoman in Barrington and this language is used in Newport, Jamestown, Warren and Middleton.  She would like the city to join rest of East Bay in using reusable bags.  The Riverside Shaws does a fundraiser with purchasing a reusable bag.   The Councilwoman from Barrington will be at next week’s council meeting for final passage.

Assistant Mayor Britto states that his biggest concern is the effects on poor communities.  They use the bags to carry product to and from market places.  Studies have shown it has an impact.   The bags they do purchase are not biodegradable.  Those communities are more on the wealthy side.

Councilwoman Sousa states it's an East Bay project this has been vetted and studied by multiple communities.  Plastic bags are not biodegradable.  The bag is reusable that is exactly what it is.  The retailer would have to provide these.  Shaws and Stop and Shop would have to provide these for purchase.  Paper bags are still available for free which are biodegradable.

Mayor Briden states that he would really like to hear at the next meeting from the Chamber of Commerce on the concept and needs more information being sensitive to small businesses.  He likes the concept but needs more information.

Assistant Mayor Britto states it is a good idea to have the Barrington councilwoman bring the presentation to show this to everyone.

Councilman Botelho states that thinking in practical terms, if he gets a text to just stop at the grocery store he would not have a reusable bag on him and wonders how many trees are being killed to have the paper bags.  he understands plastic bags and it being a bad thing.

A motion to approve the Ordinance for First Passage is made by Councilwoman Sousa, seconded by Councilman Faria and on a roll call vote it is unanimous.

4.   AN ORDINANCE IN AMENDMENT OF CHAPTER 9 OF THE  REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “MISCELLANEOUS OFFENSES”

A motion to dispense with the reading of the ordinance is made by Councilwoman Sousa, seconded by Councilman Faria and on a roll call vote it is unanimous.

SECTION I.  Chapter 9 of the Revised Ordinances of the City of East Providence, Rhode Island 1998, as amended, entitled “Miscellaneous Offenses” is amended by adding thereto the following:

Sec. 9-19.  Property Damage Graffiti

(a)                No person shall willfully, maliciously or mischievously write, spray, scratch or otherwise affix graffiti to any natural or man-made surface on any city owned property or on any non-city owned property without the prior consent of such other person.

(b)               Public or private property shall include any building, bridge fence or other structure, any street, alley, sidewalk, or other vehicular or pedestrian right-of-way, any article of street furniture, lamppost, bus shelter, newspaper box, or trash receptacle, any tree, rock, or other natural fixture, any utility or public service equipment, or any other personal property located outdoors, whether publicly or privately owned.

(c)                Graffiti is defined as any inscription, word, figure, painting or other defacement that is marked, etched, scratched, sprayed, drawn, painted or engraved on or otherwise affixed to any surface of public or private property by any graffiti implement, to the extent that the graffiti was not authorized in advance by the owner or occupant of the property., or despite advance authorization, is otherwise deemed a public nuisance by the hearing officer.

This section shall not be construed to prohibit easily removable chalk markings on public sidewalks and streets used in connection with traditional children’s games.

(d)       Graffiti implement is defined as any aerosol paint container, broad tipped indelible marker, gum label, paint stick or graffiti stick, etching equipment, brush or other device capable of scarring or leaving a visible mark on any natural or man-made surface.  Nothing in this section is meant to prevent or discourage residents or visitors from fully utilizing any public facility such as a playground, recreation facility or other public building or schooling structure owned or operated by the City for artistic activities.

(e)        Any minor or adult violating any provision of this section shall be fined in the amount of $250.00 and/or fifty (50) hours of community service for the first offense and $350.00 and/or one hundred (100) hours of community service for the second offense.  At least one (1) parent or guardian of a minor shall be in attendance a minimum of fifty (50) percent of the period of assigned community service.

(f)        In addition to any fines, a court shall order all violators to make restitution to the victim for damages or loss caused directly or indirectly by the violator’s offense in the amount or manner determined by the court.  In the case of a minor, the parents or legal guardian shall be ordered jointly and severally liable with the minor to make the restitution.  Failure of any violator or the parents or legal guardian to make payment will result in the filing of a lien on the violator’s or the parent’s or legal guardian’s property that includes the fine and administrative costs.

(g)        Police officers or any authorized officers may issue a citation for any violation of this section.  Multiple instances of graffiti shall be treated as separate violations.  In addition thereto, the city may initiate a civil action seeking injunctive as well as other relief to prevent violation(s) of this section.

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:  Councilwoman Sousa

Councilwoman Sousa states the language was very vague in the charter and this defines penalties etc… it was a good compromise and the ACLU did reach out to the council and it is now on for first passage.

A motion to approve the Ordinance for First Passage is made by Councilwoman Sousa, seconded by Councilman Faria and on a roll call vote the motion passes 4-1 with Assistant Mayor Britto voting Nay.

Unanimous Consent is granted to move the licenses to this location on the docket.

XIII.       PUBLIC HEARING

3. ORDINANCE OF THE COUNCIL OF THE CITY OF EAST PROVIDENCE APPROPRIATING $180,556,184 FOR THE SUPPORT OF THE CITY GOVERNMENT FOR THE FISCAL YEAR ENDING OCTOBER 31, 2018

SECTION I. The general fund receipts for the fiscal year ending October 31, 2018 have been established to amount to $180,556,184 made up as follows:

SECTION II.  To defray the expenses of the City of East Providence for the fiscal year commencing November 1, 2017 and ending October 31, 2018, the sum of  money, or so much thereof as are authorized by law indicated in the accompanying  schedule, are hereby appropriated for the objects and purposes, and in the amounts  expressed therein, provided that payments thereunder shall be subject to the provisions of the City Charter of the City of East Providence and also subject to the provisions of said City Charter relative to the manner and form of expenditures of money set forth in said Charter from the City Treasury.

SECTION III.  All monies appropriated are to be expended by the various departments in the manner and form approved by the Director of Finance.

SECTION IV.  The payment to the School Fund of the following estimated receipts, included in the appropriation of $82,572,529 for the support of the public schools for the City of East Providence fiscal year 2017-2018, shall be increased or decreased to conform to the actual amounts received from such sources during the fiscal year 2017-2018 except the appropriation of property tax.

SECTION V.  The purpose of this ordinance is to adopt the Budget for the fiscal year 2017-2018 which begins November 1, 2017 and ends October 31, 2018 as prepared and submitted by the City Manager, and to implement the recommendations as set forth in the City Manager's Budget Message by the approval of said recommendations as contained herein, or by other ordinances or resolutions of the Council of the City of East Providence; all in accordance with the provisions of said Article.

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

XIV.       ORDINANCES FINAL PASSAGE - PUBLIC HEARING

1. ORDINANCE OF THE COUNCIL OF THE CITY OF EAST PROVIDENCE ORDERING THE ASSESSMENT AND COLLECTION OF PROPERTY TAX ON THE RATABLE REAL ESTATE, TANGIBLE PERSONAL PROPERTY AND AN EXCISE TAX ON REGISTERED MOTER VEHICLES AND TRAILERS

SECTION I.  That the Council of the City of the City of East Providence hereby orders the assessment and collection of a tax on ratable real estate, tangible personal property and an excise tax on registered motor vehicles and trailers in a sum not more than One Hundred Nine Million One Hundred Sixty Four Thousand Five Hundred and Twenty One($109,164,521) dollars.  Said tax is for ordinary expenses, for the payment of interest and indebtedness, in whole or in part, of said city, and for other purposes authorized by law.

The Tax Assessor shall assess and apportion said tax on the inhabitants and ratable property of said city as of the 31st day of December, 2017 at twelve o'clock Eastern Standard Time, according to law, and shall on completion of said assessment, date and sign same and shall make out and certify to the Tax Collector of the City of East Providence, who is charged with the duties for the collection of taxes, on or before the 15th day of June, 2018 a complete list of the names of the persons taxed and of the total value of all the real estate and personal property assessed against each person, and also the amount of registered motor vehicles and trailers assessed against each person, and also the total amount assessed against each person on said real estate, personal estate and registered motor vehicles and trailers, opposite the name of the person or persons assessed. Upon receipt of the certified tax list by the Tax Collector, she shall proceed and collect said tax on the persons and estates liable thereof; said tax shall be due and payable on and between the 1st day of June 2018 and the 1st day of July, 2018 and provided further that if said tangible personal property, motor vehicle, and real estate taxes are paid in full on or before the 1st day of July, 2018, a discount of one and one half per centum (1.5%) of the total taxes on said tangible personal property, motor vehicles, and real estate shall be granted, and all taxes remaining unpaid on the 1st day of July, 2018 shall carry until collected a penalty at the rate of twelve per centum (12%) per annum from the 1st day of June, 2018 upon said unpaid tax, however, said taxes may be paid in four installments; the first installment of twenty-five per centum (25%) on or before the 1^st day of July, 2018, the second installment of twenty-five per centum (25%) on or before the 1st day of September, 2018, the third installment of twenty-five per centum (25%) on or before the 1st day of December, 2018 and the fourth installment of twenty-five per centum (25%) on or before the 1st day of March, 2019.

Each installment of taxes if paid on or before the last day of each installment period successively in order shall be free from any charge of interest.

If any succeeding installment of taxes is not paid by the last date of the respective unpaid balance period or periods as they occur, then the whole tax or remaining unpaid balance of the taxes as the case may be shall immediately become due and payable and carry until collected a penalty at the rate of twelve per centum, (12%) per annum.

SECTION ll.  That any of said taxes not paid on or before the 1st day of March, 2019 shall forthwith be collected by levy upon the sale of real estate upon which it is assessed and by that or other due process of law in case of assessment upon personal property.

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

Requested by:  Director of Finance

2. AN ORDINANCE AUTHORIZING THE DIRECTOR OF FINANCE TO BORROW FUNDS IN ANTICIPATION OF TAXES

SECTION I.  The Director of Finance is authorized to borrow during the fiscal year ending October 31, 2018 such sums of money in anticipation of the property taxes of the year as may be permitted by law for the purpose of meeting the current liabilities and expenses of the City and that the Director of Finance is authorized to issue the note or notes of the City therefore and to refund such note or notes and any tax anticipation notes of a prior year to the extent permitted by law.

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

Requested by:  Director of Finance

3. AN ORDINANCE AUTHORIZING THE DIRECTOR OF FINANCE TO BORROW FUNDS IN ANTICIPATION OF REVENUE

SECTION I.  The Director of Finance is authorized to borrow during the fiscal year ending October 31, 2018 such sums of money in anticipation of the sewer use fee revenue of the year as may be permitted by law for the purpose of meeting the current liabilities and expenses of the City and that the Director of Finance is authorized to issue the note or notes of the City therefore and to refund such note or notes and any revenue anticipation notes of a prior year to the extent permitted by law.

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

Requested by:  Director of Finance

XV.          NEW BUSINESS

B.     City Managers Report  (by City Manager Timothy Chapman)

1.  Renewable Energy Project and Net Metering Credit Sales Agreement Presentation

City Manager Chapman states this is on for introduction only and it will be back on the next docket for more information and a vote.   

He calls Julian Dash to the podium. 

Mr. Dash states that the School Department and East Providence Housing are also involved.   Clean Economy Development is working in Central Falls, Middletown, Pawtucket, West Warwick, the State of RI and the Narragansett Bay Commission.  He will provide more details at the next meeting.  In general, net metering allows the city to procure renewable energy at a lower cost.  It doesn't need to be located in the city.  It can come from a solar project in Coventry for example.  East Providence uses 6.5 kilowatt hours per year via National Grid which sends an electricity bill and credits a discounted rate. For those credits the city can save year one $236,000 and he anticipates it to grow as utility prices begin to rise.

City Manager Chapman states he wants to encourage council members to come in and meet with Julian and himself and they can meet in 2s.

Councilman Botelho asks if there is a provision in these agreements that if utilities add a solar or wind fee that they do not have to absorb that like they are doing out .

Mr. Dash states that the way the credits are received on the bill is line itemed and it is the sum of 4 charges and to answer the question no, neither the city nor the developer can control it as it is set by the PUC but they take into account the future cost of energy.

2.  School Committee Request for Approval of Final Tentative Agreement between East Providence School Committee and the Administrative Assistants (Secretaries) Union (EP Educational Secretaries/NEARI)

City Manager Chapman requested this be moved to the next meeting. 

3. School Committee Request for Approval of Final Tentative Agreement between East Providence School Committee and the Custodians Union (Council 94)

City Manager Chapman requested this be moved to the next meeting. 

5.  Amazon HQ2 information.

Pam Sherrill states they submit their bid tomorrow and are looking at a little under 90 acres at the chevron site and the key for development ready parcels as all the rehab work was done.

C.    Reports of Other City Officials

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

A motion to approve the Claims Committee Report is made by Councilman Faria, seconded by Assistant Mayor Britto and on a roll call vote it is unanimous. 

D.    Report of School Committee Liaison

There is no School Committee Report.

XVI.       ADJOURNMENT

A motion to Adjourn for the evening at 10:27PM and continue the meeting to Friday, October 20, 2017 at 6:00PM. 

Approved By Council:  November 7, 2017

Attest:  _______________

                 City Clerk