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CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
April 1, 2014
Council Chambers, City Hall, 145 Taunton Avenue, East Providence, RI 02914
7:00 P.M. Executive Session - Claims Room, 101
7:30 P.M. Open Session
The City Council of the City of East Providence will meet in Executive Session pursuant to RI General Laws § 42-46-5 (a) (2) & (5)
A. Department Head Contract
B. Disposition of City Owned Property
1. 35 Bentley Street
MAP 206 BLOCK 29 PARCEL 9

Mayor Briden calls the meeting to order at 7:51PM and calls for a moment of silence for the Boston Firefighters who passed in the line of duty.


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. Council Journals
1. Council Journal February 26, 2014
2. Council Journal March 4, 2014
B. Abatement/Cancellations
| Year | |
| 2013 | $9,882.01 |
A motion to approve the Consent Calendar minus Letter A, Number 2, is made by Assistant Mayor Rose, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.

1. Paul Rodrigues – Police Department
2. Freddie Rybka – City Manager
3. Candy Seel – City Manager
4. Tom Riley – Water System
5. Tom Riley- Red Light Cameras
6. Tom Riley – Elimination of Pond View Question
Councilman Cunha in response to Mr. Riley’s request for an answer to the Pond View question about total funds spent requests the information from the Law Department.

A. EPLED, Erik Denault (Requested By Councilman Cunha)
Councilman Cunha states that he and Erik have been working closely on a project to covert East Providence lights to LED. It’s not fair to residents that they have had to have so many street lights turned off in the last year to save money. Previously the City had no ability to change street lights but this has changed due to State Legislation recently passed and now municipalities can purchase the lights back and have the ability to control maintenance costs and retro fit the lights.
The City Manager informed the Council that the League of Cities and Towns are currently looking at this issue as a group buying back lights and what the cost would be or whether a consortium should be utilized to save more money. The City will need to look at an RFP.
Erik stated he would be happy to help put the specs together.
Assistant Mayor Rose said the City could even start with City owned buildings and parking lots.
Councilman Cunha stated perhaps they can change out a few lights so that people can see what they look like.
Councilwoman Rossi asked if it would cause any damage if they just went ahead to request the RFP to begin.
Director Coutu informed the Council that the tariff rate has not yet been developed so that might be detrimental. He will check on the RFP based on exterior lighting of grounds.

A. B – Limited Victualer
1. Justo G. Valest DBA Matador
521 Bullocks Point Ave.
East Providence, RI 02915
Justo Valest, 15 B Rice Street, Warwick testifies that this is a Tapas Restaurant in Riverside. He is requesting a beer and wine license.
A discussion commenced regarding the additional parking in the back of the restaurant. Mr. Valest stated he is working with Zoning. The Zoning Board will meet May 1st. The restaurant hours are 10am to 11pm Mon thru Sun and Tapas will be served 6pm-11pm. During the day pizza and sandwiches will be served, liquor will be served 6pm-11pm.
Public Present to Speak:
1. David Vaz, 110 Stanton Ave owns 95-97 Stanton Ave and 50 River St, states the front of the restaurant is zoned commercial but the back is zoned residential. The parking issues in the back will drop the value of the houses and create problems with residents. The pizza restaurant before this one had issues in the back with the dumpster and parking and it didn't work out. There are problems with the property.
2. James O’Brien, 469 Bullocks Point Ave states the previous 2 establishments had issues. No one is against this eatery but it is a concern with the parking and the hours of operation. The parking in front of the houses all night. He would want to see concessions are made for parking.
Mayor Briden stated that at the Zoning meeting Mr. Justo can present a parking plan then he would return to Council for the license he is seeking.
3. Tom Riley, 3629 Pawtucket Ave, suggested permit only parking.
Solicitor Chapman recommends a motion to table the license and he will speak with Mr. Valest to arrange for him to open with a limited license as existed previously at the site until the Zoning Board meeting. Then Mr. Valest will return to Council and if the Zoning Board approved the variance, he can then seek approval of his full license.
The motion to table until after the Zoning Board meeting as recommended by the Solicitor is made by Assistant Mayor Rose, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
1. ORDINANCE OF THE CITY OF EAST PROVIDENCE APPROVING THE FINANCING OF IMPROVEMENTS TO THE EAST PROVIDENCE WATER SYSTEM AND ALL ATTENDANT EXPENSES INCLUDING BUT NOT LIMITED TO ENGINEERING COSTS AND APPROVING THE ISSUANCE OF WATER REVENUE BONDS AND NOTES THEREFOR IN AN AMOUNT NOT TO EXCEED $19,000,000 
A motion to dispense with the reading of the ordinance is made by Assistant Mayor Rose, seconded by Councilwoman Rossi and on a roll call vote it is unanimous.
WHEREAS, in the interest of public health and safety, the City of East Providence (the “City”) desires to make certain improvements to the City’s water system, which improvement together with all attendant expenses including but not limited to engineering costs in connection therewith are hereinafter referred to as, the “Project”;
WHEREAS, the City desires to issue an amount not to exceed Nineteen Million Dollars ($19,000,000) water system revenue bonds (the “Bonds”) or interest bearing or discounted water system revenue notes (the “Notes”) in anticipation of the issue of said Bonds of the City, at one time, or from time to time for the purpose of evidencing the borrowing described above;
WHEREAS, Chapter 46-12.8 of the Rhode Island General Laws, pursuant to which the Bonds or Notes will be issued, provides that notwithstanding any municipal charter to the contrary, all local governmental units shall have the power to issue local governmental obligations payable solely from drinking water system revenues pursuant thereto without limit as to amount, and the amount of principal and premium, if any, and interest on the obligations shall not be included in the computation of any limit on the indebtedness of the local governmental unit or on the total taxes which may be levied or assessed by the local governmental unit in any year or on any assessment, levy, or other charge made by the local governmental unit on any other political subdivision or instrumentality of the State of Rhode Island;
WHEREAS, notwithstanding the foregoing provisions of Chapter 46-12.8 of the Rhode Island General Laws, the City desires to comply with the requirements set forth in Section 4.27 of the City Charter with respect to the issuance of bonds to the extent possible;
WHEREAS, the estimated maximum cost of the Project is $19,000,000;
WHEREAS, the period of usefulness of the Project is expected to be thirty (30) years; and
WHEREAS, the net debt of the City is not affected by the issuance of the Bonds or Notes as the Bonds and Notes will not be general obligations of the City but will be payable solely from drinking water system revenues.
NOW THEREFORE, BE IT ORDAINED BY THE CITY OF EAST PROVIDENCE that:
SECTION 1. The sum of Nineteen Million Dollars ($19,000,000) is appropriated for the purpose of financing the Project.
SECTION 2. In accordance with Chapter 46-12.8 of the Rhode Island General Laws, the Mayor and the Director of Finance are hereby authorized to borrow an amount not exceeding Nineteen Million Dollars ($19,000,000) from the Agency, and to evidence such loan, such officers are hereby authorized to issue and refund on behalf of the City the Bonds, at one time, or from time to time in order to meet the foregoing appropriation.
SECTION 3. The said officers from time to time may issue and refund the Notes in anticipation of the issue of said Bonds.
SECTION 4. The Bonds and Notes shall be payable solely from drinking water system revenues. The City may issue bonds, notes, or other obligations on a parity with these Bonds as provided in the Trust Indenture (defined below). The manner of sale, amount, denominations, maturities, conversion or registration privileges, interest rates, medium of payment, and other terms, conditions and details of the Bonds or Notes may be fixed by the officers authorized to sign the Bonds or Notes.
SECTION 5. Pending the issuance of the Bonds under Section 2 hereof or pending or in lieu of the issue of Notes under Section 3 hereof, the Director of Finance, at the written direction of the City Council, may expend funds from funds of the City including the General Fund for the purposes specified in Section 1 hereof. Any advances made under this section shall be repaid without interest from the proceeds of the Bonds or Notes issued hereunder or from the proceeds of applicable federal or state assistance or from other available funds.
SECTION 6. The Mayor and the Director of Finance are also authorized, empowered and directed, on behalf of the City, to: (i) execute, acknowledge and deliver a Supplemental Indenture (the “Supplemental Indenture”) amending and supplementing the Trust Indenture dated April 1, 2004 by and between the City and U.S. Bank National Association (the “Trust Indenture”), and any and all other loan agreements, documents, certificates or instruments necessary to effectuate such borrowing; (ii) amend, modify or supplement the Trust Indenture, such Supplemental Indentures, the Bonds or Notes and any and all other loan agreements, documents, certificates or instruments at any time and from time to time, in such manner and for such purposes as such officers shall deem necessary, desirable or advisable; (iii) direct the Trustee with regard to investments of trust funds pursuant to the Trust Indenture, and (iv) do and perform all such other acts and things deemed by such officers to be necessary, desirable or advisable with respect to any matters contemplated by this Ordinance in order to effectuate said borrowing and the intent hereof.
SECTION 7. The Mayor and the Director of Finance are hereby authorized to deliver the Bonds or Notes to the purchaser and said officers are hereby authorized and instructed to take all actions, on behalf of the City, necessary to ensure that interest on the Bonds or Notes will be excludable from gross income for federal income tax purposes and to refrain from all actions which would cause interest on the Bonds or Notes to become subject to federal income taxes.
SECTION 8. This Ordinance is an affirmative action of the City Council of the City toward the issuance of the Bonds and Notes in accordance with the purposes of the laws of the State. This Ordinance constitutes the City’s declaration of official intent, pursuant to Treasury Regulation §1.150-2, to reimburse the City for certain capital expenditures for the Project paid on or after the date which is sixty (60) days prior to the date of this Ordinance, but prior to the issuance of the Bonds or Notes. Such amounts to be reimbursed shall not exceed Nineteen Million Dollars ($19,000,000) and shall be reimbursed not later than eighteen (18) months after the later of (a) the date on which the expenditure is paid or (b) the date on which the Project is placed in service or abandoned but in no event later than three (3) years after the date on which the expenditure is paid.
SECTION 9. The Mayor and the Director of Finance are authorized to take all actions necessary to comply with federal tax and securities laws including Rule 15c2-12 of the Securities and Exchange Commission (the “SEC Rule”) and to execute and deliver a Continuing Disclosure Certificate in connection with the Bonds or Notes in the form as shall be deemed advisable by the Mayor and the Director of Finance in order to comply with the SEC Rule. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate, as it may be amended from time to time. Notwithstanding any other provision of this Ordinance or the Bonds or Notes, failure of the City to comply with the Continuing Disclosure Certificate shall not be considered an event of default; however, any Bondholder or Noteholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this Section and under the Continuing Disclosure Certificate.
SECTION 10. 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 Public Works
Director Coutu cannot show presentation due to a projection problem.
Assistant Mayor Rose states that the $19 million bond before them tonight is too much of a burden on the tax payers and the Council needs to be full and clear on this presentation and there have been a lot of questions over the last week.
Questions were raised regarding the flushing of the system.
Director Coutu stated 48 zones in the City are flushed in the spring and fall.
Jim Marvel stated the City keeps records of when these are flushed and sends postcards to customers and the City also keeps records of how much water is used to flush.
Director Coutu spoke regarding chlorination, when the City receives the water it takes a long time to reach Riverside and Rumford where they have found the high numbers of by-products.
Councilwoman Rossi asked if there was any other way to accomplish this.
Director Coutu said no, two engineers have reviewed this and it is the most effective manner and both engineers recommended to replace the lower tank which was put in during the 1960s.
Councilman Cunha asked how much people in Rumford paying for the Narragansett Bay Commission water.
Director Coutu stated everyone in the City pays same rate. And in comparison to other communities the City’s rates are still low.
Jim Marvel added the system was not designed with a treatment plant in the 1960s.
The meeting is extended 15 minutes.
Financial Advisor Paul Luba is called to the podium and explains the enterprise fund and that it cannot be bailed out by the sewer or system. That in 2010 it lost $1.1 million and the expenses vs the amount the City is charging is out of line.
Councilman Cunha asked what percentage would be left to be upgraded after this is done.
Jim Marvel stated that they are looking to bring meters current over a 5 year period.
Councilwoman Rossi said she is not clear on what the ordinance states and would like to ask that the Council ask the two experts to put their heads together and provide a better explanation as it is a little confusing and she would like the ability to check things off as they go along. This way she can understand it fully.
Director Coutu stated the total cost is 17 million. Clean Water Finance to be is to be paid at the end for principle and interest so the City borrows more than is needed in order to guarantee the bond issuer. It’s like a retainer.
Assistant Mayor Rose asked if federal money was researched.
Director Coutu stated that they had reached out to both Senators Reed and Whitehouse which inevitably led them back to Clean Water Finance as other federal monies are no longer available.
Councilwoman Rossi asked about the debt service.
Financial Advisor Paul Luba explained the meter charge would generate $1.5 million a year and will pay for the debt service.
Mayor Briden asked Paul Luba if based on his review of the ordinances would he recommend any changes.
Paul Luba stated if the City is going to make the improvements as described they need the bonds. Otherwise they still need to raise the rates to address the deficit problem.
Councilman Cunha asked why this was so last minute.
Jim Marvel responded that there was a study done in 2005 and they have been trying every year but it has been difficult to get things accomplished and this is very important. He noted that he has done 5 or 6 of these in the past in other communities. It does need get done before the City receives any more violation notices.
Director Coutu stated that due to the low rates and timing of the money coupled with the fact that this needs administration approval and the City had such a high turnover at the administration level in the past has delayed this.
The City Manager stated this was a high priority when he left 10 years ago but since then it’s been out of sight and out of mind and the City has to look at the safety issue. If it is delayed we will end up with a mess on our hands.
Councilwoman Rossi asked if the City could borrow against the $10 million in the rainy day fund.
Paul Luba stated the water is totally separate fund.
Mayor Briden asked Jim Marvel to explain the risks and problems.
Jim Marvel stated the first is regulatory the City will receive violations if there is no plan and no action taking place. The City will fall into the same situation it did with the wastewater issue. Punitive hearings and fines will begin. In the end of the wastewater situation the City was going to be fined $5,000 a day and that is why he is here today. There is the National Safe Water Drinking Act which is related to health from the disinfection bi-products. With the physical health of the system, there has been no significant infusion of capital since the 1960s and it could lead to a catastrophic failure.
Public Hearing Portion:
Tom Riley, 2620 Pawtucket Ave stated that he shares Assistant Mayor Rose and Councilwoman Rossi’s concerns that the job will come in higher than they are anticipating.
Tony Fereirra, 44 Brightridge Ave stated that the water issue is important and also have 7 school roofs waiting to be repaired and this is all due to deferred maintenance and they need to get together as a whole. Adding that these jobs always go over budget and that needs to be accounted for.
A motion to deny is made by Assistant Mayor Rose, seconded by Councilwoman Rossi and on a roll call vote the motion to deny passes 3-2 with Councilwoman Capobianco and Mayor Briden voting Nay.
Councilwoman Rossi makes a motion to extend the meeting 15 minutes and all are in favor.
2. An ordinance regarding water rates. 
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 (a) of Sec. 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:
(a) The water rates for water furnished by the city to the consumer and measured by meter shall be billed at $2.85 3.32 per 100 cubic feet, effective May 1, 2014 for all consumers. For subsequent years, the effective rate shall be modified as follows:
Effective November 1, 2014, the rate per 100 cubic feet will remain at $3.32.
Effective November 1, 2015, the rate per 100 cubic feet will increase to $4.05.
Prior to the end of fiscal year 2015-2016, the rate will be re-analyzed to determine if a modification is required for subsequent years.
SECTION II. Subsection (c) of Sec. 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:
(c) When the quantity of water is measured by a meter, a quarterly advance charge of $21.11 shall be made for each domestic service which shall entitle the consumer to use up to 1,111 cubic feet in the next three months. Effective May 1, 2014, the annual fixed meter charge portion of the water charge shall be as follows:
| Meter Size | Fixed Charge |
| 5/8” | $ 80.00 |
| ¾” | 120.00 |
| 1” | 200.00 |
| 1 ½” | 380.00 |
| 2” | 600.00 |
| 3” | 1,200.00 |
| 4” | 1,900.00 |
| 6” | 3,800.00 |
| 8” | 6,000.00 |
Such fee shall be prorated quarterly or monthly for customers who are billed on a quarterly or monthly basis.
SECTION III. This ordinance shall take effect upon its second passage and all ordinances or parts of ordinances inconsistent herewith are hereby repealed.
Requesting by: Director of Public Works
Councilwoman Rossi makes a request to Financial Advisor Paul Luba to rework the numbers to fix the deficit only and place on the next meeting docket.
3. An ordinance regarding One Day Entertainment licenses.
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. Section 8-6 entitled “Authority to issue one-day licenses.” of Article I entitled “In General” of Chapter 8 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Licenses and Business Regulations” is amended to read as follows:
It shall be the authority is hereby delegated to the chief of police of the City Council with approval of the chief of police and the fire department to issue one-day licenses for all entertainment, including but not limited to theaters, dancing and block parties, at all private residences as well as public/private establishments. This includes but is not limited to those establishments selling alcoholic beverages. An applicant must additionally comply with the requirements of section 8-69 of this Code.
The following requirements must be met before a one-day license is granted:
(1) A request for a one-day license must first be filed with the city clerk's office at least seven days before the scheduled event. The request will then be forwarded by the city clerk to the chief of police and the fire department for review.
(2) A fee of $15.00 must be made payable to the City of East Providence and delivered to the city clerk's office.
(3) Within the request, the applicant must include the type of entertainment (i.e. live band, disc jockey, etc.), the time frame of the entertainment, and whether the event will be held indoors or outdoors.
(4) If a tent exceeding 120 square feet is to be erected in conjunction with the requested one-day license, the requesting party must comply with section 8-575 of this Code.
The one-day permit is granted subject to any and all limitations set by the city police department, city fire department and 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 Rose
Deferred to next meeting.
4. An ordinance regarding Entertainment licenses.
AN ORDINANCE IN AMENDMENT OF CHAPTER 8 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “LICENSES AND BUSINESS REGULATIONS”.
SECTION I. Sec. 8-69 entitled “Dancing and entertainment in establishment selling alcoholic beverages.” of Chapter 8 of the Revised Ordinances of the City of East Providence, Rhode Island 1998, as amended, entitled “Licenses and Business Regulations” is amended to read as follows:
(a) Whenever the chief of police shall permission is granted for a one-day license permitting dancing or any other entertainment, the fee for such license is hereby fixed as follows:
(1) Per day where no alcoholic beverages are served . . . . . $ 2.00
(2) Per day where alcoholic beverages are served . . . . . 5.00
(b) Whenever the city council shall grant an annual license permitting dancing or any other type of entertainment, the fee for such license shall be $150.00.
(c) Licenses granted pursuant to this section for dancing and other forms of entertainment are granted subject to the provisions of the G.L. 1956, § 5-22-9 and also other applicable provisions of G.L. 1956, § 5-22-1 et seq.
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 Rose
Deferred to next meeting.
1. An ordinance regarding parking on South Broadway (west side) from a point 445 feet couth of Seth Street southerly for a distance of 145 feet.
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. Section 18-307 entitled “Parking prohibited at all times.” of Article X entitled “Stopping, Standing and Parking.” of Chapter 18 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Vehicles and Traffic.” is amended by adding thereto the following:
South Broadway (west side) from a point 445 feet south of Seth Street southerly for a distance of 145 feet
SECTION II. This ordinance shall take effect upon its second passage and all ordinances or parts of ordinances inconsistent herewith are hereby repealed.
Deferred to next meeting.
A. City Managers Report (by Acting City Manager, Paul Lemont)
B. Report of Other City Officials 
Claims Committee Report (by Solicitor Timothy Chapman)
A motion to approve the Claims Committee Report is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote it is unanimous.
C. Council Members
1. Tax Year Alignment (by Mayor Briden)
Deferred to next meeting.
2. Results of Homestead Audit (by Mayor Briden)
Deferred to next meeting.
3. Charter Amendment Referendum and Process (by Mayor Briden)
Deferred to next meeting.
4. East Providence Police Department and East Providence Public Works (by Assistant Mayor Rose)
Deferred to next meeting.
5. Summer Camp with Jamie Silva (by Assistant Mayor Rose)
Deferred to next meeting.
6. Requesting for a Traffic Study to change Summit Street to a One Way (by Councilman Cunha)
Deferred to next meeting.
7. Removal of Interim City Manager (by Councilwoman Rossi)
Deferred to next meeting.
8. City Manager Search (by Councilwoman Rossi)
Deferred to next meeting.
9. Heritage Days Financing (by Councilwoman Rossi)
Deferred to next meeting.
10. Carousel Ride Training and Insurance (by Councilwoman Rossi)
Deferred to next meeting.
D. Report of School Committee Liaison
E. Introduction to Ordinances
F. Communications
1. Thomas C. Riley, 3620 Pawtucket Avenue (02915) requesting update on the usage of the Vibeco machines.
Deferred to next meeting.

A motion to adjourn is made at 11:58PM by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote it is unanimous.
Approved By Council: May 6, 2014
Attest: _________________
City Clerk