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CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
May 15, 2018
6:30 P.M.
Council Chambers, City Hall, 145 Taunton Avenue, East Providence, RI 02914
6:30 P.M. Council May Call An Executive Session, Room 101
7:30 P.M. Open Session
I. EXECUTIVE SESSION
The City Council of the City of East Providence may meet in Executive Session pursuant to RI General Laws § 42-46-5 (a)(2)(5).
A. New Claims
1. David Kahn
2. Thomas C. Riley (Lien-Tenant-Emergency Placement)
3. Thomas C. Riley (Lien-Cutting/Removal of Overgrown Grass)
4. Thomas C. Riley (Lien – Boarding – Garage)
5. Thomas C. Riley (Water/Sewer Charge Abatement)
6. Thomas C. Riley (Water Hardship)
7. Thomas C. Riley (Water Shutoff – August 2017)
8. Elizabeth Ward
B. Sewer Charge Abatements
1. Muhammed Akhtar
2. Rosemary E. Clarkin
3. Josephine Jones
4. Amy B. McLean
5. Luis Santos
C. Potential Litigation
1. Petition and Legal Liability Surrounding Municipal Street Lights
D. Collective Bargaining
1. Agreement between City of East Providence and the United Steelworkers, Local 15509
E. Disposition of City-Owned Land
1. 33 Hoppin Avenue and 80 Burnside Avenue Proposed Purchase and Sales Agreement
D. Discussion and vote regarding Acting City Manager terms and conditions.
II. OPEN SESSION
III. CALL TO ORDER
Mayor Briden calls the meeting to order at 7:55PM
IV. SALUTE TO THE FLAG
V. TO APPROVE THE CONSENT CALENDAR
A. Letters
1. CRMC May Calendar.
2. Notice of new property number, City of East Providence – Parks, 555 Waterfront Drive, (02914), Map 6, Block 1, Parcel 003.00, Zoning 01.
3. Notice of new property number, Providence & Worcester Railroad Company, 649 Waterfront Drive, (02914), Map 7, Block 1, Parcel 003.00, Zoning BPH.
4. Notice of new property number, Harold, LLC, 10 Dunellen Road, (02914), Map 204, Block 1, Parcel 011.00, Zoning DR.
5. Notice of new property number, AAA Northeast, 12 River Road, (02915), Map 710, Block 03, Parcel 001.00, Zoning I2.
6. Town of Jamestown Resolution in support of In-Person Early Voting.
7. Town of Barrington Resolution supporting School Construction Referendum in Article 5 of the proposed RI State Budget (FY2019).
8. Town of Barrington Resolution opposing School Construction Referendum as written and requesting it be amended to begin after January 1, 2018.
9. Town of Barrington Resolution urging the RI Attorney General to distribute Google funds to the Barrington Schools.
10. Town of Barrington Resolution supporting S2331 amending secton 39-2-15 of the RI General Laws “Duties of Utilites and Carriers to extend protections currently granted to state contract work to the municipalities and quasi government agencies.
11. Town of Barrington Resolution supporting S2464 raising the age for purchase and sale of tobacco products to 21.
B. Alcoholic Beverage Class F
1. St Francis Xavier Church, 81 N. Carpenter Street (02914), Annual Feast, June 15, 16 & 17, Maryann Marques.
2. St Mary Academy Bay View, Alum Weekend, Alum Dance, May 19, 2018, Bay View Wellness Center, 3070 Pawtucket Avenue (02915), Erin Hanna.
3. Trinity Brotherhood Club, 146 Sutton Avenue (02914), Annual Feast, May 25, 26 & 27, 2018, Ricardo Graca.
4. HGBB of RI, 5 North Phillips Street (02914), Annual Feast, May 18, 19 &20, 2018, Joseph Silveira.
F. Alcoholic Beverage Class F-1
1. East Providence Heritage Days Inc., Pierce Field, 201 Mercer Street (02914), July 13, 14 &15, 2018.
2. St Mary Academy Bay View, Alum Weekend, Alum Brunch, May 20, 2018, Bay View Wellness Center, 3070 Pawtucket Avenue (02915), Erin Hanna.
3. NAM Knights of America Motorcycle Club, 10th Anniversary Celebration, 59 Brightridge Avenue (02914), June 30, 2018, Michael J. Alves.
G. One Day Entertainment License
1. Black Duck Tavern, 31-35 Warren Avenue (02914), June 2, 2018, Cory Brailsford.
2. Trinity Brotherhood Club, 146 Sutton Avenue (02914), May 25, 26 & 27, 2018, Stephen Costa.
H. Council Journals
1. Council Journal Regular Meeting May 1, 2018
A motion to approve the Consent Calendar is made by Councilman Botelho, seconded by Councilman Faria and on a roll call vote it is unanimous.
VI. PROCLAMATIONS AND PRESENTATIONS
A. Proclamation for Joe Medeiros, Recreation Facilities Supervisor - by Mayor Briden
B. Award Recognition for the East Providence High School Day of Portugal Student Logo Contest Winner – Alison Batty by Councilwoman Sousa
VII. COMMUNICATIONS
A. Jason Desrosiers, 80 Village Green North (02915) requesting to address the Council regarding Mayor and Council staggered terms.
Mr. Desrosiers was unable to attend the meeting.
B. Corey Brailsford, Black Duck Tavern, 31-35 Warren Avenue (02914) requesting to address the Council regarding permission for indoor and outdoor grand opening event.
Corey Brailsford, 224 Second Avenue, Warwick
Opening Event is Saturday, June 2nd
A motion to approve is made by Councilwoman Sousa, seconded by Assistant Mayor Britto and on a roll call vote it is unanimous.
VIII. PUBLIC COMMENT
A. Tom Riley, 3620 Pawtucket Avenue (02915) LED Streetlights
IX. APPOINTMENTS
A. Planning Board Reappointment (by Councilman Botelho)
Burton P. Batty, Jr., 15 Plymouth Road (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.
B. Economic Development Commission (by Mayor Briden)
Michele Martins-Botelho, 37 Hedley Circle (02914)
A motion to approve the Appointment is made by Councilman Faria, seconded by Assistant Mayor Britto and on a roll call vote it is unanimous.
C. Planning Board Reappointment – Alternate #1 (by Mayor Briden)
Christopher Grant, 16 Allison Court (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.
D. Veterans Advisory Committee (by Councilwoman Sousa)
Maura J. Clancy, 35 Barrington Court (02915)
A motion to approve the Appointment is made by Councilman Faria, seconded by Assistant Mayor Britto and on a roll call vote it is unanimous.
E. Traffic Control (by Councilman Botelho)
Wayne Flodin, 83 Locust Street (02915)
A motion to approve the Appointment is made by Councilman Faria, seconded by Assistant Mayor Britto and on a roll call vote it is unanimous.
F. City Sergeant (by Councilman Faria)
John Oliver, 14 Barrington Court (02915)
Councilman Faria deferred this item.
X. COUNCIL MEMBERS
A. Ward 1 Dog Park (by Assistant Mayor Britto)
Assistant Mayor Britto states he is hoping the City Manager can assist in locating a city property in Ward 1 for a dog park. One was installed just over the Henderson Bridge and it is a real nice one and if there is some property off the waterfront or by Kimberly Rock Field or if the city has some property sitting there he would like to make it a dog park.
The City Manager states he will meet with planning and the assessor and speak with them regarding developing that.
Councilwoman Sousa states she appreciates him bringing this item up and she welcomes it in Ward 2 as well or any part of the city as it is great for people to have a location for a dog park. She asks if there are any legal liabilities involved and would it be covered under the trust.
Councilman Faria notes they could always make room in Riverside for one as all their residents go over to Barrington’s.
Assistant Mayor Britto states he will rephrase his request that they take look city wide.
Councilman Botelho states at some point a few years ago they talked about putting one at Kent Field and they may have a plan for that.
Assistant Mayor Britto states that one area which comes to mind is located right behind Agawam Playground.
B. Update on the Former Fram Building (by Assistant Mayor Britto)
Assistant Mayor Britto states he is updating residents near Campbell Street and New Road that the old Fram Building which has been vacant for 25-30 years is going to be converted to mixed use apartments and possibly stores on the lower level. The footprint is going to remain the same. The developer will have submitted their application last week and that property has been purchased.
C. Neighborhood Crime Watch Update (by Assistant Mayor Britto)
Assistant Mayor Britto reports that on August 7th is National Night Out which runs in conjunction with the Citizens Police Academy. It's open to the public and there is food, entertainment, music and a bouncy house. Flyers will be coming up and it’s for the pubic and for the kids from 5:00pm-7:00pm. He will update as it gets closer. This rolls into National Crime Watch and he spoke with the Police Chief and they will have the patrol officers and their shifts work out a chart which will be distributed to those involved in neighborhood crime watch.
D. Request to Upgrade Technology in the Council Chambers (by Councilman Botelho)
Councilman Botelho states they need to get behind and update this particular facility as people come to make presentations and to do the city business. It was built in the late 1970s and was prior to fax machines and the installed screen rolls down and then they roll out the device and sometimes it works and sometimes not. Its time consuming and its high time they employ modern technology. Most can cast programs and other things from smart phones to TVs at home and they should be able to do this here.
IT Director Kelly Ahrens comes to the podium.
Councilman Faria states they had a meeting about this previously and wonders where it was left off.
Director Ahrens hands out information detailing some options. She states that she looked at other cities and their technology upgrades. It's more professional where the Council can remain in their seats and have the use of multimedia. She outlines the options of adding TVs with chrome cast and their own streaming camera with built in wireless as a backup adding it can also be used for any meeting and is easy to use as anyone can set up it up. It is not the multiple cameras like there are at council meetings but it's a good thing to offer and it streams right to Facebook. They can use it in conference rooms too. There can be two TVs on movable carts or mounted on the walls. She adds they won’t leave the screens with nothing on them they will either have the agenda or the city seal.
Councilman Faria asks how soon before this is installed.
Director Ahrens states she will work with purchasing and have Ed Catelli install them.
Assistant Mayor Britto asks about the size of the TVs and wonders if 75 inches will be big enough.
Councilman Botelho agrees that is a good question and since there may not be another update for another 40 years they should probably procure the latest technology and largest screens so they are not having to replace them down the road. He asks about the 10% technology account and it is agreed the money is there for the purchase and install.
A motion to approve is made by Councilman Botelho, seconded by Assistant Mayor Britto and on a roll call vote it is unanimous.
E. The Mystery of the Missing Kent Heights Neighborhood Sign at the Corner of Pawtucket Avenue and Wampanoag Trail (by Councilman Botelho)
Councilman Botelho states as of today the mystery has been solved. As some know, the Kent Heights Neighbors installed a sign and cut the grass and took care of it. The process started in 2015 and they were in contact with RI DOT for an adopted spot. They were told they would send in the documents but they did not hear anything and there was a lot of back and forth that they would send them but it never happened and this went on for a year. At that point, a group of them looked around the city and saw what was there and put up a sign and there it sat and everything was good. RI DOT then decided it became an issue which they have been trying to resolve. At one point RI DOT took down the sign stating it was too large and as he found out today this was the result of a huge misunderstanding. Jim Miller from Public Works called and they are getting the sign back. Councilman Botelho adds he ran into Rob Walker who is supposed to pick it up from RI DOT and Director Coutu will make sure it’s done right so it won’t be taken down. He concludes it looks as if the misunderstanding has been resolved and that RI DOT said they were in a state of flux within their department at that time that this transpired. He thanks DPW and Director Coutu for all their help with the matter.
F. Request for a Preliminary Budget Workshop to Discuss Priorities in 2019 (by Councilman Botelho)
Councilman Botelho states it is customary for the council to have workshops. The road work is a good start but it’s not enough. They will need to catch up for not addressing this for years and years. He would like to see priorities set and to discuss at the latest in June.
Councilwoman Sousa and Councilman Faria agree the sooner the better to discuss the budget.
Councilman Botelho states he would like to hear from department heads early on as to what they need and would like the City Manager to work on setting this early budget workshop up.
G. Riverside Renaissance Street Sign Initiative (by Councilman Faria)
Councilman Faria states the Riverside Renaissance is making wonderful progress with the new street signs. If someone wants to sponsor a street and purchase a new sign for $150 they can keep the original sign. Right now they are working on Willett Avenue to Lakeside Square and if interested, people can go to their website or Councilman Faria’s Facebook page where he has a link posted to participate. He adds these are beautiful blue signs.
H. 33 Hoppin Avenue and 80 Burnside Avenue (Old Platt Waters School) Potential Development Community Meeting (by Councilman Faria)
Councilman Faria notes these buildings have been vacant for years and it's a very deplorable site and they have had a developer which has expressed interest over the years. At first, this developer had considered some mixed use with commercial space but neighbors objected and this was changed to an apartment complex and now 32 condominiums. He held first community meeting and some residents were opposed. He has announced June 7th at 6:30pm at the Riverside Library and the Planning Director, City Manager and developer will be there to address any questions and concerns from residents before the city enters into a purchase and sales agreement.
I. The Reality of the Four Year Terms (by Councilman Faria)
Councilman Faria deferred this item.
J. LED Streetlight Conversion Update (by Councilman Faria)
Councilman Faria states this issue is something he is extremely passionate about and that any savings is a savings in the taxpayer’s pocket. Half of the municipalities have enjoyed this program and are seeing substantial savings. It is a management issue not a legislative issue and it is not a legal department issue. There is nothing in litigation. The former City Manager felt there would be a petition. Councilman Faria states that he and the current City Manager have reached out the representatives from National Grid and they hope to come to an amicable resolve.
K. Constituent Issues (by Councilman Faria)
Councilman Faria states all the constituent issues he had to discuss have been resolved and he thanks DPW and the DPW Director and the Acting City Manager.
L. East Providence Day of Portugal June 5, 2018 (by Councilwoman Sousa)
Councilwoman Sousa announces the date of the State event at Water Fires as well as the East Providence flag raising ceremony. There will be refreshments and a light lunch. It was a great turn out last year and she anticipates it will be again. The event will take place from 11:30AM-12:00PM followed by a light lunch and is open to the public and all are invited to attend.
Councilman Faria notes what a great job she did last year and is sure this year will be equally good.
XI. LICENSES NOT REQUIRING PUBLIC HEARING
A. Peddler – Second Truck
Palagi’s Ice Cream, 55 Bacon Street, Pawtucket (02861), Alejandro Arteaga, 237 Suffolk Avenue, Pawtucket (02861).
A motion to approve the License is made by Councilwoman Sousa, seconded by Councilman Faria and on a roll call vote the motion passes unanimously 4-0 with Mayor Briden Abstaining.
B. Carnival
East Providence Heritage Days, 610 Waterman Avenue (02914), Location Pierce Field, 210 Mercer Street (02914), July 13, 14 &15, 2018.
A motion to approve the License is made by Councilwoman Sousa, seconded by Councilman Faria and on a roll call vote it is unanimous.
XII. PUBLIC HEARING – ORDINANCES FINAL PASSAGE
A motion to dispense with the reading of the ordinance is made by Councilman Faria, seconded by Assistant Mayor Britto and on a roll call vote it is unanimous.
A. 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. Section 2-183 entitled “Meetings of the board” of Division 8 entitled “Juvenile Hearing Board” 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. 2-183. Meetings of the board.
The juvenile hearing board shall meet not less than once each month. The juvenile prosecution officer shall give notice of the matters to be heard to the board, to the chief of police, and the juvenile offender and his/her parents, not less than seven days prior to the date of the hearing. A majority of the members of the juvenile hearing board shall constitute a quorum, and its proceedings shall be closed to the public except that the juvenile hearing board may, with the consent of such juvenile, and his/her legal guardians, transact its business in public. Matters heard before the juvenile hearing board are confidential and the provisions of the Rhode Island Open Meetings Act shall not apply to such proceedings. The juvenile hearing board shall elect one from its members as its chair, and one as its vice-chair. In the absence of the chair, the vice-chair shall be the presiding officer. A majority of the members present shall be required to take any action. The juvenile hearing board shall have the power from time to time to draft rules governing its proceedings or to amend or repeal any rules theretofore adopted, subject to the approval of 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: Assistant Mayor Britto
A motion to approve the Ordinance for Final Passage is made by Councilman Faria, seconded by Assistant Mayor Britto and on a roll call vote it is unanimous.
B. AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “VEHICLES AND TRAFFIC”
A motion to dispense with the reading of the ordinance is made by Councilman Faria, seconded by Councilwoman Sousa and on a roll call vote it is unanimous.
SECTION I. Subsection (b) of Sec. 18-269 entitled “Stop and yield intersections designated; when stops required” is amended by deleting therefrom the following:
Hoyt Avenue (eastbound traffic) at Greenwood Avenue
SECTION II. Subsection (b) of Sec. 18-269 entitled “Stop and yield intersections designated; when stops required” is amended by adding thereto the following:
Hoyt Avenue (eastbound traffic) at Merrick Street
SECTION III. This ordinance shall take effect upon second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Councilman Britto
A motion to approve the Ordinance for Final Passage is made by Councilman Faria, seconded by Councilwoman Sousa and on a roll call vote it is unanimous.
XIII. NEW BUSINESS
A. City Managers Report (by Acting City Manager Malcolm Moore )
1. Request for Approval of Agreement between City of East Providence and the United Steelworkers, Local 15509
The City Manager states they started this process about a year ago. Both Mr. Luba and he feel it is a fair contract for both sides.
Mr. Luba states the contract really moved along in the last month and both sides in the negotiations made some concessions and the city gave up some but nothing outside of what other communities have done. Some of the things which were taken away by the budget commission he really believed were meant for short term fixes of a budget which was in the red and these were restored. He adds that Assistant Mayor Britto will be happy to hear the clothing allowance for workers who do not require protective clothing has been eliminated. The other long term concession was members of this union hired at the start of this contract will no longer be eligible for retiree health care. The city probably won't start seeing these effects for 25-30 years but at that point they will thank him because it is a major expense. There was some give and take and no one was completely happy and he recommends passage.
A motion to Approve is made by Councilman Botelho, seconded by Councilwoman Sousa and on a roll call vote it is unanimous.
2. Update on Net Metering Project
The City Manager notes Councilwoman Sousa is spearheading this. He adds that solar or wind power can reap some reward the city wouldn’t own it but it receives benefits. They net with the Narragansett Bay and they have both solar and wind. The city does not have the expertise and so are in the process of hiring a consultant. They hope to find something for the city that is advantageous.
Councilwoman Sousa notes they started this last year and the RFP is back out now and they hope it will be more successful as they had received some good advice from the Narragansett Bay Commission.
3. Final 2018 CDBG Budget
The City Manager reminds Council that David Bachrach had been here previously and time was allotted for the public to comment and all of those comments were weighed in and Mr. Bachrach recommends the approval and notes there were not a lot of changes from what he had originally recommended. The City Manager adds this bodes well for Mr. Bachrach’s ability to understand the process and he adds Mr. Bachrach is in the audience if Council has any questions.
A motion to Approve is made by Councilwoman Sousa, seconded by Assistant Mayor Britto and on a roll call vote it is unanimous.
B. Reports of Other City Officials
1. Claims Committee Report (by City Solicitor Gregory Dias)
Pursuant to R.I.G.L. § 42-46-5(a)(2), a motion is made by Councilman Botelho and seconded by Councilwoman Sousa to convene in closed session for the purposes of discussing claims & litigation. Upon a roll call vote: Councilman Botelho – Aye, Assistant Mayor Britto – Aye, Councilman Faria – Aye, Councilwoman Sousa – Aye, Mayor Briden – Aye, the motion is approved 5-0.
EAST PROVIDENCE CLAIMS COMMITTEE
CLAIMS & LITIGATION REPORT
TUESDAY, MAY 15, 2018; 6:30 P.M.; ROOM 101
====================================================================
NEW CLAIMS
DAVID KAHN $383.05
RM No. 18-049, Claim No. 18-031
Claim for property damage to vehicle sustained as a result of striking a pothole on North Broadway. See recommendation of the Director of Public Works.
Motion by: Councilman Faria Seconded by: Councilwoman Sousa
Motion: Approve the claim in the amount of $148.60.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
THOMAS C. RILEY $5,983.72
RM No. 18-046, Claim No. 18-029
Claim for excessive fees and charges related to the emergency placement of tenants at 164-166 Grove Avenue. See recommendation of the Director of Public Works.
Motion by: Councilman Britto Seconded by: Councilman Botelho
Motion: Defer the claim for additional information.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
THOMAS C. RILEY $448.00
RM No. 18-046, Claim No. 18-029
Claim for excessive fees and charges related to a minimum housing violation (overgrown grass) at 164-166 Grove Avenue. See recommendation of the Director of Public Works.
Motion by: Councilman Botelho Seconded by: Councilwoman Sousa
Motion: Defer the claim and the remaining four (4) claims for additional information.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
THOMAS C. RILEY $604.88
RM No. 18-046, Claim No. 18-029
Claim for excessive fees and charges related to the boarding of the garage at 164-166 Grove Avenue. See recommendation of the Director of Public Works.
Motion by: Botelho Britto Faria Sousa Briden Seconded by: Botelho Britto Faria Sousa Briden
Motion:_______________________________________________________________________
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | | | | | |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
THOMAS C. RILEY $400.00
RM No. 18-046, Claim No. 18-029
Claim for an additional sewer charge abatement for the property at 164-166 Grove Avenue. See recommendation of the Director of Public Works.
Motion by: Botelho Britto Faria Sousa Briden Seconded by: Botelho Britto Faria Sousa Briden
Motion:_______________________________________________________________________
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | | | | | |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
THOMAS C. RILEY Unspecified
RM No. 18-046, Claim No. 18-029
Claim for inability to pay water bills for residential and rental properties due to financial and medical hardship.
Motion by: Botelho Britto Faria Sousa Briden Seconded by: Botelho Britto Faria Sousa Briden
Motion:_______________________________________________________________________
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | | | | | |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
THOMAS C. RILEY $2,745.00
RM No. 18-046, Claim No. 18-029
Claim alleging due process was not followed when the City shut off the water at claimant’s rental property at 215-217 South Hull Street.
Motion by: Botelho Britto Faria Sousa Briden Seconded by: Botelho Britto Faria Sousa Briden
Motion:_______________________________________________________________________
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | | | | | |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
ELIZABETH WARD $500,000.00
RM No. 17-109, Claim No. 18-036
Claim for injuries and losses sustained when claimant was detained, transported and booked for disorderly conduct by the police department. Recommend referral to the insurance carrier.
Motion by: Councilman Britto Seconded by: Councilwoman Sousa
Motion: Refer the claim to the insurance carrier.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
SEWER CHARGE ABATEMENTS
MUHAMMED AKHTAR $144.72
Request for a sewer charge abatement for the property located at 999 South Broadway in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilman Britto Seconded by: Councilwoman Sousa
Motion: Approve the sewer charge abatement in the amount of $144.72.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
ROSEMARY E. CLARKIN $115.45
Request for a sewer charge abatement for the property located at 90 Jenks Street in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilwoman Sousa Seconded by: Councilman Britto
Motion: Approve the sewer charge abatement in the amount of $115.45.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
JOSEPHINE JONES $13.48
Request for a sewer charge abatement for the property located at 96 Silver Spring Avenue in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilman Faria Seconded by: Councilman Botelho
Motion: Approve the sewer charge abatement in the amount of $13.48.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
AMY B. McLEAN $140.96
Request for a sewer charge abatement for the property located at 26 Tryon Avenue in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilwoman Sousa Seconded by: Councilmen Botelho & Britto
Motion: Approve the sewer charge abatement in the amount of $140.96.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
LUIS SANTOS $504.89
Request for a sewer charge abatement for the property located at 99 Taunton Avenue in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilman Botelho Seconded by: Councilman Faria
Motion: Approve the sewer charge abatement in the amount of $504.89.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
A motion is made by Councilman Britto and seconded by Councilwoman Sousa to adjourn at 7:45 p.m. and reconvene in open session. Upon a roll call vote, the motion is approved 5-0.
A motion to approve the Claims Committee Report is made by Councilman Faria, seconded by Councilwoman Sousa and on a roll call vote it is unanimous.
C. Report of School Committee Liaison
There is no School Committee Report
D. Resolutions
1. FINAL RESOLUTION PURSUANT TO SECTION 2-11 OF THE CHARTER OF THE CITY OF EAST PROVIDENCE PERMANENTLY REMOVING THE CITY MANAGER FROM OFFICE
A motion to dispense with the reading of the resolution is made by Councilman Faria, seconded by Councilwoman Sousa and on a roll call vote it is unanimous.
WHEREAS, Resolution Number 17 was adopted by the City Council on May 2, 2017 authorizing the City Council’s hiring of City Manager Timothy J. Chapman; and
WHEREAS, the City Manager may be removed by majority vote of its members; and
WHEREAS, pursuant to the City Charter, the City Council may suspend the City Manager from duty pending a request for a public hearing; and
WHEREAS, Resolution Number 41 was adopted by the City Council on March 28, 2018 authorizing the City Council’s removal of the City Manager from office without cause, preliminarily, and suspending the City Manager with pay effective March 28, 2018 pending a request for a hearing; and
WHEREAS, pursuant to the City Charter of the City of East Providence, the City Manager may reply in writing to the preliminary resolution and may request a public hearing which shall be held not earlier than twenty (20) days nor later than thirty (30) days after the filing of such request; and
WHEREAS, the City Manager has not requested a public hearing.
NOW, THEREFORE, BE IT RESOLVED, that the City Manager is hereby permanently removed from office without cause effective thirty (30) days after the date of the adoption of the March 28, 2018 resolution.
This resolution shall become effective upon its passage.
Requested By: Councilwoman Sousa
Assistant Mayor Britto asks if Mr. Chapman has requested a public hearing.
Solicitor Dias states he has not.
A motion to approve the Resolution is made by Councilman Faria, seconded by Councilwoman Sousa and on a roll call vote the motion passes 4-1 with Mayor Briden voting Nay.
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, PENSIONS AND RETIREMENT”
A motion to dispense with the reading of the ordinance is made by Councilman Faria, seconded by Councilwoman Sousa and on a roll call vote it is unanimous.
SECTION I. Section 11-241 entitled “Nonservice-connected death” 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:
Sec. 11-241. Nonservice-connected death.
Upon death of a member due to any cause other than an act of duty occurring while a member is in service, on sick leave with salary, on an approved leave of absence extending not more than six months continuously or while in receipt of a service retirement annuity or nonservice-connected disability annuity, if such member shall have at least three ten years of credited service, his the surviving widow spouse shall be entitled to an annuity. The annuity shall be equal to 30 percent of average final salary, increased one percentage point for each year of credited service above three years, up to a maximum amount equal to 50 percent of final average salary. This annuity shall be equal to the survivor benefit percentage multiplied by the percentage they had accrued pursuant to the union contract to the date of the death. Eligibility for such annuity a survivor benefit shall be subject to the following conditions:
(1) The widow spouse shall have been legally married to the member at least one year prior to the date of death. of the member or prior to the date of retirement on a service retirement annuity or nonservice-connected disability annuity, whichever occurs first and in any event while the member was in service. The annuity shall terminate in any event upon remarriage, and any change in marital status thereafter shall create no rights for the widow to any annuity or any other payment from the system.
(2) The widow shall be at least 55 years of age, otherwise commencement of payments on the annuity shall be deferred until the widow attain such age. The participant was not married at the time of the death but had unmarried child/children under the age of 18 including in utero. The legal guardian of the child/children shall receive the survivor benefit and would terminate upon their attainment of age 18, death or marriage, whichever occurs first.
(a) Minor children shall include children of the blood and adopted children, provided that the proceedings for adoption shall have been initiated at least one year prior to the date of the death of the member.
(3) The annuity shall terminate in any event upon remarriage, and any change in marital status thereafter shall create no rights for the widow to any annuity or any other payment from the system.
(4) The minimum payment to a widow in any case shall be 30 percent of average final salary, and the maximum shall be 50 percent of such average final salary.
a. If a widow has an unmarried minor child in her care under age 18, payment of the widow's annuity shall begin immediately regardless of whether the widow shall have attained age 55. In such a case, the annuity for the widow shall be increased ten percent of final average salary on account of each such minor child, provided that the maximum payment on account of a widow and children shall not exceed 60 percent of final average salary. If such limitation is exceeded, all annuities shall be prorated to conform therewith.
b. Payments on account of minor children shall terminate upon their attainment of age 18, death or marriage, whichever first occurs. If a widow remarries, the annuity on account of each minor child shall be increased to 15 percent of final average salary, subject to a limitation of 50 percent of final average salary to all minor children.
c. Should payments on account of minor children terminate before the widow attains age 55, the annuity to the widow shall be suspended until the widow attains age 55.
d. Minor children shall include children of the blood and adopted children, provided that the proceedings for adoption shall have been initiated at least one year prior to the date of death of the member.
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: Councilman Faria
Mayor Briden asks the Solicitor if this was reviewed by the law department and the Solicitor responds it has.
A motion to approve the Ordinance for First Passage is made by Councilman Faria, seconded by Assistant Mayor Britto and on a roll call vote it is unanimous.
2. AN ORDINANCE IN AMENDMENT OF CHAPTER 11 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “PERSONNEL, PENSIONS AND RETIREMENT”
A motion to dispense with the reading of the ordinance is made by Councilman Faria, seconded by Assistant Mayor Britto and on a roll call vote it is unanimous.
SECTION I. Section 11-236 entitled “Service retirement annuity” 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:
Sec. 11-236. Service retirement annuity.
(a) Effective November 1, 1975, members retiring from service under subsections 11-235(a)(1) or (2) shall receive an annuity equal to two percent of the final average salary for each completed year of service, subject to a maximum of 70 percent of final average salary.
(b) Effective November 1, 1975, members retiring from service under subsection 11-235(a)(3) shall receive an annuity equal to 2½ percent of final average salary for each of the first 20 completed years of service, and two percent of final average salary for each additional completed year of service, subject to a maximum of 70 percent of final average salary.
(d)(a) Effective May 1, 1991, those members who retired from service between 1962 and 1984 shall receive a one-time ad hoc cost of living adjustment in the amount of $815.00 per year per member.
(e)(b) Effective June 1, 2008 those members who retired from service between 1962 and 1984 shall receive a one-time ad hoc cost of living adjustment of $900.00 per member except in the case of a widowed member whose increase shall be $600.00 per year, and those members who are receiving an annual cost of living adjustment.
(c) A fractional period of service of less than a full year shall be considered in the calculation of the annuity.
(f)(d) All retired police officers and fire fighters currently receiving a service connected disability pension who otherwise do not presently qualify for the existing cost of living adjustment as provided for in the current collective bargaining agreement for police officers and fire fighters shall be entitled to an annual three percent cost of living adjustment in their pension effective January 1, 2000.
(e) Effective February 12, 2018, members retiring from service shall receive an annuity as provided for in the current collective bargaining agreement for police officers and fire fighters.
(f) All retired police officers and fire fighters currently receiving a service connected disability pension or receiving a service connected pension shall receive a cost of living adjustment as provided for in the collective bargaining agreement for police officers and fire fighters that was in effect at the time of their retirement.
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: Councilman Faria
Mayor Briden asks the Solicitor if this was reviewed by the law department and the Solicitor responds it has.
A motion to approve the Ordinance for First Passage is made by Councilman Faria, seconded by Councilwoman Sousa and on a roll call vote it is unanimous.
3. AN ORDINANCE IN AMENDMENT OF CHAPTER 11 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “PERSONNEL, PENSIONS AND RETIREMENT”
A motion to dispense with the reading of the ordinance is made by Councilman Faria, seconded by Councilwoman Sousa and on a roll call vote it is unanimous.
SECTION I. Section 11-238 entitled “Nonservice-connected disability” 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:
Sec. 11-238. Nonservice-connected disability.
(a) Any member becoming totally and permanently disabled due to any cause other than service-connected disability while an employee of the city, who has at least ten years of credited service, shall be entitled to a nonservice-connected disability annuity. This annuity shall be fixed at an amount equal to the percentage they had accrued pursuant to the union contract to the date of the disability. equal to 1¾ percent of average final salary subject to a minimum of 25 percent and a maximum of 50 percent of average final salary. The annuity shall be reduced by any amounts received by the member as salary or other form of compensation received during disability from public funds.
(b) Nonservice-connected disability shall be considered total and permanent if it results in some impairment of mind or body that substantially precludes a member from performing with reasonable regularity the substantial and material parts of any gainful work or occupation that he would be competent to perform were it not for the fact that the impairment is founded upon conditions which render it reasonably certain that it will continue indefinitely.
(c) The annuity shall be payable during continuing disability of the member, provided that if the credited service of the member at commencement of disability was 20 years or more, the member shall receive upon attainment of age 55, in lieu of the nonservice-connected disability annuity, a service retirement annuity as prescribed in this article.
(d c) Should a member recover from disability and reenter the service of the city as a police officer or firefighter and shall render at least three years of continuous service thereafter, he shall be credited for service retirement annuity purposes with the periods of time during which he shall have received a nonservice-connected disability annuity. Otherwise, such member reentering service shall not be entitled to service credit for the period of such disability.
(e d) Disability incurred while in military service shall not be considered for the purposes hereof.
(f e) A nonservice-connected disability shall begin to accrue upon the expiration of 90 days following commencement of disability, provided that if the member is receiving salary for a period of more than 90 days, the annuity shall begin to accrue from the date salary has ceased. If written application for the annuity shall not have been filed with the board prior to the expiration of 90 days from date of disability, the annuity shall begin to accrue from the date application therefor has been filed, but, not in any event prior to the time when payments to the member on account of salary have ceased.
(f) Eligibility for a survivor benefit shall be subject to the following conditions:
(1) The spouse shall have been legally married to the member at the date of disability. The annuity shall terminate in any event upon remarriage, and any change in marital status thereafter shall create no rights for the surviving spouse to any annuity or any other payment from the system.
(2) The participant was not married at the time of the disability but had unmarried child/children under the age 18 including in utero. The legal guardian of the child/children shall receive the survivor benefit and would terminate upon their attainment of age 18, death or marriage, whichever first occurs.
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 Faria
Mayor Briden asks the Solicitor if this was reviewed by the law department and the Solicitor responds it has.
A motion to approve the Ordinance for First Passage is made by Councilman Faria, seconded by Councilwoman Sousa and on a roll call vote it is unanimous.
XIV. ADJOURNMENT
A motion to Adjourn at 9:12PM is made by Councilwoman Sousa, seconded by Councilman Faria and on a roll call vote it is unanimous.
Approved By Council: June 5, 2018
Attest: _______________
City Clerk