Rare Sunday Council Meeting Results in No Action on Manager Tim Chapman - Review in January

The East Providence City Council met in a rare emergency Sunday evening meeting on December 3, 2017. The posted reason for the meeting was to conduct a "City Manager Job Performance Review." After a three and a half hour meeting, no formal action was taken.

Currently the City Manager is Timothy Chapman. Chapman is a former City Solicitor who was named Acting and then City Manager after a succession of fired City Managers. Chapman is slated to serve as City Manager until the City elects its first-ever full time Mayor in November of 2018.

Chapman has said previously that he won't be a candidate for the newly approved office of full time Mayor.

At varying times, certain council members have sought to remove Chapman from the Manager's post. The attempts in the past to discuss Chapman's "performance" never materialized as legal posting deadlines and other wranglings took place. Prior council concern revolved around the city Human Resources Director and issues with fire department testing and hiring procedures. Issues with fire recruit "test scoring and ranking", led to some recruits publicly complaining and engaging attorneys.

The council met behind closed doors Sunday for a little more than three and a half hours. When council members emerged, no action was taken other than to say the matter would be continued to January. There may be some related discussion at Tuesday's council meeting on December 5th.

Mayor Briden said that he "didn't know who called for the meeting. I don't know who requested it or why they want it or why it had to be Sunday night," added Mayor Briden. Generally it takes at least three members to call for a special meeting. Councilman Britto didn't attend the Sunday session and was busy with a holiday event in his Ward 1. Reportedly it was council members Anna Sousa (Ward 2), Joe Botelho (Ward 3) and Brian Faria (Ward 4) who formally requested the Sunday session.

At Tuesday's council meeting, members will discuss the 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.

Tuesday December 5, 2017 Council Meeting:

Date Posted: December 1, 2017

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. Charles Alexyon

2. Aminca Mutual Ins. Col. (Ins: Bruce P. Laderer)

3. Maureen Sprague

B. Sewer Charge Abatements

1. John & Julia Baptista

2. Carlos Barros

3. Maria J. Correia

4. Victor Montepeque

5. John & Yolanda O’Neill

6. Vasilios & Eva Zafiriades

C. Litigation

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

II. OPEN SESSION

III. CALL TO ORDER

IV. SALUTE TO THE FLAG

V. TO APPROVE THE CONSENT CALENDAR

All items under “CONSENT CALENDAR” are considered to be of a routine and noncontroversial nature by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council member so requests, in which event, the item will be removed from the “CONSENT CALENDAR” and will be considered in its normal sequence on the docket.

A. Letters

1. CRMC December 2017 Calendar

2. CRMC Semi Monthly Meeting, Tuesday, November 28, 2017

B. Cancellation/Abatements

Year

Amount

2011

$881.14

2012

$1,873.83

2013

$1,839.70

2014

$1,249.31

2015

$415.08

2016

$299.36

2017

$7,062.55

Total

$13,620.97

C. Council Journals

1. Council Journal Regular Meeting November 21, 2017

2. Council Journal Executive Session November 7, 2017

3. Council Journal Special Meeting November 15, 2017

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

VI. COMMUNICATIONS

A. Edward Thornton, 10 Office Parkway, Apartment 913 (02914) requesting to address the Council regarding Pierce Field Accessibility.

VII. PUBLIC COMMENT

All persons wishing to make public comment shall sign a public comment sheet stating their name, address, and the subject of their comments. Said public comment sheet shall be available on a desk at the entrance of the City Hall Chambers no later than forty-five (45) minutes before the call to order of any regularly scheduled council meeting and shall be delivered by the City Clerk to the presiding officer no earlier than five (5) minutes before the call to order of the meeting. Each speaker will be limited to three (3) minutes. The order of speakers will be on a first come, first serve basis and the maximum time for public comment shall be limited to thirty (30) minutes per meeting.

VIII. COUNCIL MEMBERS

A. Stop Sign (by Assistant Mayor Britto)

B. Holiday Hayride at Hunts Mill 1PM-3PM, Sunday, December 10th. (by Assistant Mayor Britto)

C. Community Meeting, Pleasant Street, “No Thru Traffic”sign, December 13 6PM Council Chambers. (by Assistant Mayor Britto)

D. "Thank you" Wilson Street Tree Lighting Ceremony (by Assistant Mayor Britto)

E. Follow up - Sewer Use Fee Redux. (by Councilman Botelho)

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

G. Benny's Location Sale - Parking Lot. (by Councilman Botelho)

H. Credit Card Cashiering System City Hall (by Councilman Faria)

I. Council Relations (by Councilman Faria)

J. Newly Paved Roads in Ward 4 (by Councilman Faria)

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

L. Holiday Spirit (by Councilwoman Sousa)

M. City Going On-Line (by Councilwoman Sousa)

IX. APPOINTMENTS

A. Conservation Commission Reappointment (by Mayor Briden)

Ernie Germani, 35 John Street (02914)

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

B. Carousel Park Commission -Address Change

Stephen Costa, 20 Arcadia Avenue (02916)

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

C. Carousel Park Commission -Address Change

Izilda Teves, 52 Walnut Street (02916)

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

X. ORDINANCES FINAL PASSAGE – PUBLIC HEARING

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

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

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

Requested by: Mayor Briden

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

XI. LICENSES NOT REQUIRING PUBLIC HEARING

A. Wrecker/Tower

Nicole R. Myers DBA All Hooked Towing & Recovery, 63 Dexter Road (02914)

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

XII. NEW BUSINESS

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

1. East Providence – National Flood Insurance Program Update.

B. Reports of Other City Officials

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

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

C. Report of School Committee Liaison

D. Resolution

RESOLUTION REQUESTING THE APPOINTMENT OF WILLIAM FAZIOLI AS CHAIRPERSON OF THE EAST PROVIDENCE WATERFRONT DISTRICT COMMISSION

WHEREAS, the East Providence Waterfront District Commission has been without a Chairperson for eight (8) years; and

WHEREAS, William Fazioli has been a member of the Commission since 2006 and the Acting Chairperson of the East Providence Waterfront District Commission since 2009; and

WHEREAS, the Mayor and East Providence City Council believe that William Fazioli has the educational background, municipal finance experience and institutional knowledge as a prior City Manager, Finance Director and Town Treasurer to continue to successfully lead the East Providence Waterfront District Commission.

NOW, THEREFORE, BE IT RESOLVED the Mayor of the City of East Providence with the approval of the East Providence City Council requests that Gina Raimondo, Governor of the State of Rhode Island appoint William Fazioli as Chairperson of the East Providence Waterfront District Commission and that the Governor forward William Fazioli’s name for the advice and consent of the Senate as required by Rhode Island Public Law.

Requested by: Mayor Briden & Councilman Botelho

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

E. Introduction to Ordinances

1. 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”

SECTION I. Subsection (b) of Sec. 18-269 entitled “Stop and yield intersections designated; when stops required” is amended by adding thereto the following:

Roger Williams Avenue (eastbound and westbound traffic) at Leahy Street

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 Britto

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

2. ***CORRECTIVE ORDINANCE AMENDMENT CHAPTER 680, BOOK 22, PAGES 29 & 30

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”

SECTION I. Chapter 11 of the Revised Ordinances of the City of East Providence, 1998, as amended, entitled “Personnel,” is amended by adding thereto the following:

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 years of credited service, his surviving widow 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. Eligibility for such annuity shall be subject to the following conditions:

(1) The widow shall have been 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.

(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.

(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 retroactive to October 3, 2017 and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.

Requested by: Councilman Faria

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

3. 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”

THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:

SECTION I. 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 and westbound traffic) at Greenwood Avenue

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 Britto

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

XIII. ADJOURNMENT

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

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