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CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
April 15, 2014
Council Chambers, City Hall, 145 Taunton Avenue, East Providence, RI 02914
6:45 P.M. Executive Session - Claims Room, 101
7:30 P.M. Open Session
I. EXECUTIVE SESSION
The City Council of the City of East Providence will meet in Executive Session pursuant to RI General Laws § 42-46-5 (a) (1) & (2)
A. New Claims
1. Sandra Alfred
2. Amica Mutual Ins. Co. (Ins. Steven Malloy)
3. Elizabeth Goldberg
4. Jeffrey Grooms
5. Edward Kosowski
6. Joseph Teixeira
7. Charlene Vargas
B. Miscellaneous – Sewer Abatements
1. 50 Amaral, LLC
2. Anna Amaral
3. Brian Hunt
4. Irene Medeiros
5. Benedita C. Ponte
6. Thomas C. Riley
7. Jaqueline Rose
8. Sharon Shepard
C. City Manager Job Performance Review
II. CALL TO ORDER
Mayor Briden is not present for the public session portion of the docket. Assistant Mayor Rose calls the meeting to order.
III. SALUTE TO THE FLAG
IV. TO APPROVE THE CONSENT CALENDAR
A. Letters
1. Resolution of the Smithfield School Committee in opposition to H7757 an Act Relating to Education School Committees and Superintendents.
2. Notice of New Property Number 144 Dewey Avenue, East Providence (02914), Map 305, Block 10, Parcel 025.00, Zoning R4.
3. Notice of New Property Number 142 Dewey Avenue, East Providence (02914), Map 305, Block 10, Parcel 025.10, Zoning R4.
B. Alcoholic Beverage Class F
St. Martha’s Church, 2595 Pawtucket Avenue (02914) Rev. David E. Green, Portuguese Night, May 17, 2014.
C. Alcoholic Beverage Class F-1
St. Mary Academy-Bay View, 3070 Pawtucket Avenue, Kirsten Harvey, Manhattan at the Bay, May 1 thru May 4, 2014.
D. Council Journals
1. Council Journal March 4, 2014
2. Council Journal March 18, 2014
A motion to approve the Consent Calendar is made by Councilman Cunha, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
V. PUBLIC COMMENT
A. Tommy Rose – Public Comment
B. Karin M. Donovan – CDBG
C. Chrissy Rossi – School Department
D. Vicky White – CDBG
E. Ken Goucher – Water Meter
F. Candy Seel – Charter Amendment
G. Val Lawson – Charter Amendment
H. Bob DaSilva – Charter Amendment
I. Bruce Rogers – Charter Amendment
J. Julie Silva – Charter Amendment
K. Nuno Branco – Charter Amendment
L. Tom Riley – Why we have to sign up a week in advance to speak
M. Tom Riley – Poond View Legal Fees
N. Tom Riley – Vibeco Progress
O. Charles Tsonos – Charter Commission
VI. PROCLAMATIONS AND PRESENTATIONS
A. East Providence High School Hockey State Champions (by Assistant Mayor Rose)
B. Police Robot Demonstration (by Assistant Mayor Rose)
This item was deferred.
2. RESOLUTION NAMING GEORGE S. LIMA, SR. MEMORIAL PARK
WHEREAS, George S. Lima, Sr., spent his early years in New York and Massachusetts before enrolling at North Carolina A&T State University where he learned to pilot planes;
WHEREAS, World War II commenced and George S. Lima, Sr. joined the Tuskegee Airmen in Alabama (an African-American contingent who broke the color barrier and flew with the “Greatest Generation”) and was awarded a World War II Victory Medal, the American Campaign Medal and the Honorable Service Lapel Button;
WHEREAS, during his service, Lieutenant Lima struggled to overcome racial segregation in 1945 at an Officer’s Club on an air base which assisted in leading to desegregation for all US Armed Forces a few years later. On a lighter note, Lieutenant Lima competed in an exhibition match with legendary Hall of Fame boxer, Joe Louis;
WHEREAS, George S. Lima, Sr., after the war, became a resident of East Providence with his beautiful wife, Selma (Boone) Lima, raising three adoring children, George S. Lima, Jr., Anna Maria Bowling, and Robert M. Lima;
WHEREAS, George S. Lima, Sr. became employed as a labor organizer and activist continuing to advocate for Civil Rights and ascending to the Presidency of the Rhode Island NAACP;
WHEREAS, the Honorable George S. Lima, Sr. served two terms as an East Providence State Representative along with forming the Black Air Foundation, a non-profit organization that introduces minorities to the world of flying;
WHEREAS, the City Council of the City of East Providence wishes to recognize, honor, and memorialize George S. Lima, Sr., an Officer and a Gentleman, for his many years of commitment and dedication to the citizens of East Providence; and
NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of East Providence hereby renames Hull Street Playground as the George S. Lima, Sr. Memorial Park.
This resolution shall become effective upon its passage.
Requested by: Councilwoman Capobianco and Councilman Cunha
Robert Emanuel Lima, Sr. the youngest son of George Lima, spoke before the Council. He thanked the City of East Providence for naming the Hull Street playground after his father. He added that he grew up going to the park as they lived right next door. He noted his father was a person who helped people in East Providence. He helped the little guy with fair housing and discrimination. He served as a State Representative. On behalf of the Lima Family he thanked Councilwoman Capobianco and Councilman Cunha and also Elma Pina for their help in getting the resolution brought forward. As years go on people will go to the playground and know that his Dad helped so many kids to stay out of trouble. On May 1st there will be an unveiling ceremony at the park at 3PM followed by a reception at Tropical Ilias on Waterman Street and everyone is invited to attend.
VII. APPOINTMENTS
A. Beautification Commission Re-Appointment (by Mayor Briden)
Armando Ladeira, 33 Garfield Avenue (02916)
A motion to approve the appointment is made by Councilwoman Rossi, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
VIII. LICENSES NOT REQUIRING PUBLIC HEARING
A. Carnival
The Gordon School, 45 Maxfield Avenue (02914), Marianne Harrison, 73 Taft Avenue, Providence (02906)
A motion to approve the license is made by Councilwoman Rossi, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
B. Peddler – Ice Cream
Palagi Bros. Ice Cream, LLC, 28 Delta Drive, Pawtucket (02860), Bruce N. Law, 150 Dunnell Avenue, Pawtucket (02860)
A motion to approve the license is made by Councilwoman Rossi, seconded by Councilman Cunha and on a roll call vote it is unanimous.
C. Carnival
Amron Family Fun Fare, Inc., PO Box 798, North Scituate (02857), Edward Browning, 577 Rocky Hall Road, North Scituate (02857)
Location: 700 Bullocks Point Avenue – Crescent Park Carousel
The Carnival will take place May 2, 3 and 4.
A motion to approve the license is made by Councilwoman Rossi, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
D. Hawker
BJ Alan Co. DBA Phantom Fireworks, 555 Martin Luther King Jr. Blvd., Yuongstown, OH 44502, James Aubin, 4 Elizabeth Street, Cumberland (02814)
Location: 354 Taunton Avenue (02914)
A motion to approve the license is made by Councilwoman Capobianco, seconded by Councilman Cunha and on a roll call vote it is unanimous.
IX. PUBLIC HEARING – ORDINANCES FINAL PASSAGE
A. 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
1. Freddie Rybka – question regarding what the ordinance changes.
A motion to approve the ordinance for final passage is made by Councilwoman Rossi, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
B. An ordinance regarding Entertainment licenses.
A motion to dispense with the reading of the ordinance is made by Councilwoman Rossi, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
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
A motion to approve the ordinance for final passage is made by Councilwoman Rossi, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
C.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.
A motion to dispense with the reading of the ordinance is made by Councilwoman Rossi, seconded by Councilman Cunha and on a roll call vote it is unanimous.
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.
A motion to approve the ordinance for final passage is made by Councilwoman Capobianco, seconded by Councilman Cunha and on a roll call vote it is unanimous.
D. 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
A motion to continue both Water Ordinances to the next meeting is made by Councilwoman Rossi, seconded by Councilman Cunha and on a roll call vote it is unanimous.
1. Karen Zyon, Eident Sports Marketing, 10 Dorrance Street, Suite 614, Providence (02903) requesting to address the Council regarding Cox Sports Marathon approval for Sunday, May 4, 2014.
Susan Rancook spoke on behalf of Karen Zyon. Last year there was a delay in the City receiving the funds to pay for the police details however this year Cox has arranged to pay the costs in advance.
X. PUBLIC HEARING
A. CDBG Appropriations
David Bachrach addressed the Council. The purpose tonight is to explain the entitlement of CDBG funds. The City has access to the funds through the federal government and these funds are to be used for neighborhood projects which are to be invested in non city activities such as public housing, heating assistance, infrastructure funds, as Council may know already repaving Grove Avenue is one of these. Mr. Bachrach stated this meeting is for input to be received by the Council and input will continue over the next couple of weeks for any projects. This input can come from the general public or the City Council as long as they meet the basic eligibility requirements. The process is to take all the recommendations and on May 6th to come back to the Council and ask for tentative approval. At this point a 30 day comment period begins and if no significant public comments are found then at the end of the 30 days the budget becomes final.
1. Karen Donovan – East Bay Center Mental Health and Substance Abuse for the Underinsured.
2. Cindy Viveiros – United Methodist Elder Care, 40 Irving Street – affordable housing elderly and nursing – water valve issues.
3. Jen Wall – East Providence Prevention Coalition – high school program teen dating violence and substance abuse.
4. Vicki White – East Bay Community Action, 500 Bullocks Point Avenue – Foster Grandparents Program – this stipend allows 6 Foster Grandparents to go into the East Providence Schools to assist with literacy.
XI. NEW BUSINESS
A. City Managers Report (by Acting City Manager, Paul Lemont)
1. Emergency Rescue Vehicles Purchase Request
The City Manager reported that up until a few years ago the money received by the Fire Department for rescue runs went into a separate account. This is how the City was able to purchase rescue vehicles and equipment however, with the new funding process, all funds are one and are not able to be set aside for these uses. Several of the rescue vehicles are quite old and they have a couple hundred thousand miles on each. We would like to put these new vehicles in the upcoming budget and provide for time needed to order the vehicles.
Fire Chief Elmasian was called to the podium. He stated the Health Department took their oldest reserve truck off the road and they will need $620,000 to replace the two rescues. In addition to the vehicle they will come equipped with new heart monitors, power carts /stretchers and power equipment. This equipment should never be used for more than 8 years and ours are currently 10 years old. We are losing funds because outside agencies have to come in to transfer our residents to the hospital. This is a 5 year lease purchase. The total cost is $620,000 divided by 5 years plus interest. Each year costs $120,000 plus interest the Fire Department accrues $2.1 to $2.2 million in rescue billing in each year.
A motion to approve the Emergency Rescue Vehicles Purchase Request is made by Councilwoman Rossi, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
In other news, the City Manager reported the City received a great award called the gold award. The City was a finalist in the American Council of Environmental Engineers. On March 19th Public Works Director Coutu went to Boston to receive the award for the Waste Water Plant on the Parkway. The City finished second behind Logan Airport.
Director Coutu stated the improvements to the wastewater system were included in the award not only the plant but also the pumping station. This award was given for all areas throughout the mid-Atlantic and Canada.
Assistant Mayor Rose is called to the podium to read the plaque for Outstanding Professional Design of a Wastewater System.
B. Report of Other City Officials
Claims Committee Report (by Solicitor Timothy Chapman)
Pursuant to R.I.G.L. § 42-46-5(a)(2), a motion is made by Councilman Rose and seconded by Councilman Cunha to convene in closed session for the purposes of discussing claims & litigation. Upon a roll call vote: Mayor Briden – Aye, Councilwoman Capobianco – Aye, Councilman Cunha - Aye, Councilman Rose – Aye, Councilwoman Rossi – Aye, the motion is approved 5-0.
EAST PROVIDENCE CLAIMS COMMITTEE
CLAIMS & LITIGATION REPORT
TUESDAY, APRIL 15, 2014; 6:45 P.M; ROOM 101
====================================================================
NEW CLAIMS
SANDRA ALFRED $299.35
RM No. 14-029, Claim No. 14-024
Claim for property damage to vehicle sustained as a result of striking a pothole on River Road. See recommendation of the Director of Public Works.
Motion by: Councilwoman Capobianco Seconded by: Councilman Cunha
Motion: Refer the claim to the R.I. Department of Transportation.
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VOTE | MAYOR BRIDEN | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CUNHA | COUNCILMAN ROSE | COUNCILWOMAN ROSSI |
| Aye | √ | √ | √ | √ | √ |
| Nay |
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| Abstain |
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| Absent |
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AMICA MUTUAL INS. CO. $2,215.67
(INS: STEVEN MALLOY)
RM No. 14-024, Claim No. 14-026
Claim for property damage to insured’s vehicle sustained as a result of an accident with a Fire Department vehicle.
Motion by: Councilman Cunha Seconded by: Councilman Rose
Motion: Deny the claim.
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VOTE | MAYOR BRIDEN | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CUNHA | COUNCILMAN ROSE | COUNCILWOMAN ROSSI |
| Aye | √ | √ | √ | √ | √ |
| Nay |
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| Abstain |
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| Absent |
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ELIZABETH GOLDBERG $57.56
RM No. 14-022, Claim No. 14-019
Claim for property damage to vehicle sustained as a result of striking a pothole on Irving Avenue. See recommendation of the Director of Public Works.
Motion by: Councilwoman Capobianco Seconded by: Councilman Rose
Motion: Approve the claim in the amount of $57.56.
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VOTE | MAYOR BRIDEN | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CUNHA | COUNCILMAN ROSE | COUNCILWOMAN ROSSI |
| Aye | √ | √ | √ | √ | √ |
| Nay |
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| Abstain |
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| Absent |
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JEFFREY GROOMS $294.40
RM No. 14-021, Claim No. 14-017
Claim for property damage to vehicle sustained as a result of striking a pothole on Roger Williams Avenue. See recommendation of the Director of Public Works.
Motion by: Councilwoman Capobianco Seconded by: Councilman Rose
Motion: Approve the claim in the amount of $294.40.
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VOTE | MAYOR BRIDEN | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CUNHA | COUNCILMAN ROSE | COUNCILWOMAN ROSSI |
| Aye | √ | √ | √ | √ | √ |
| Nay |
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| Abstain |
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| Absent |
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EDWARD KOSOWSKI $585.00
RM No. 14-031, Claim No. 14-027
Claim for reimbursement of expenses incurred due to a sewer backup caused by roots from a City tree. See recommendation of the Director of Public Works.
Motion by: Councilman Rose Seconded by: Councilwoman Capobianco
Motion: Approve the claim in the amount of $585.00.
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VOTE | MAYOR BRIDEN | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CUNHA | COUNCILMAN ROSE | COUNCILWOMAN ROSSI |
| Aye | √ | √ | √ | √ | √ |
| Nay |
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| Abstain |
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| Absent |
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JOSEPH TEIXEIRA $52.94
RM No. 14-023, Claim No. 14-020
Claim for property damage to vehicle sustained as a result of striking a raised section of a steel deck plate on the Lyon Avenue bridge. See recommendation of the Director of Public Works.
Motion by: Councilman Rose Seconded by: Councilwoman Capobianco
Motion: Refer the claim to the R.I. Department of Transportation.
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VOTE | MAYOR BRIDEN | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CUNHA | COUNCILMAN ROSE | COUNCILWOMAN ROSSI |
| Aye | √ | √ | √ | √ | √ |
| Nay |
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| Abstain |
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| Absent |
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CHARLENE VARGAS $3,423.72
RM No. 14-030, Claim No. 14-025
Claim for property damage to vehicle sustained as a result of striking potholes on River Road and Amaral Street. Recommend referral to the insurance carrier.
Motion by: Councilman Rose Seconded by: Councilwoman Capobianco
Motion: Refer the claim to the insurance carrier.
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VOTE | MAYOR BRIDEN | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CUNHA | COUNCILMAN ROSE | COUNCILWOMAN ROSSI |
| Aye | √ | √ | √ | √ | √ |
| Nay |
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| Abstain |
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MISCELLANEOUS
50 AMARAL, LLC $2,851.20
Request for a sewer charge abatement for the property located at 40-68 Amaral Street in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilman Cunha Seconded by: Councilman Rose
Motion: Approve the abatement in the amount of $2,851.20.
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VOTE | MAYOR BRIDEN | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CUNHA | COUNCILMAN ROSE | COUNCILWOMAN ROSSI |
| Aye | √ | √ | √ | √ | √ |
| Nay |
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| Abstain |
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| Absent |
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ANNA AMARAL $235.57
Request for a sewer charge abatement for the property located at 131 Wilmarth Avenue in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilman Rose Seconded by: Councilman Cunha
Motion: Approve the abatement in the amount of $235.57.
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VOTE | MAYOR BRIDEN | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CUNHA | COUNCILMAN ROSE | COUNCILWOMAN ROSSI |
| Aye | √ | √ | √ | √ | √ |
| Nay |
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| Abstain |
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| Absent |
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BRIAN HUNT $479.00
Request for a sewer charge abatement for the property located at 375 Pleasant Street in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilman Rose Seconded by: Councilwoman Capobianco
Motion: Approve the abatement in the amount of $479.00.
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VOTE | MAYOR BRIDEN | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CUNHA | COUNCILMAN ROSE | COUNCILWOMAN ROSSI |
| Aye | √ | √ | √ | √ | √ |
| Nay |
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| Abstain |
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| Absent |
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IRENE MEDEIROS $369.62
Request for a sewer charge abatement for the property located at 40-68 Amaral Street in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilwoman Capobianco Seconded by: Councilman Rose
Motion: Approve the abatement in the amount of $369.62.
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VOTE | MAYOR BRIDEN | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CUNHA | COUNCILMAN ROSE | COUNCILWOMAN ROSSI |
| Aye | √ | √ | √ | √ | √ |
| Nay |
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| Abstain |
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| Absent |
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BENEDITA C. PONTE $308.16
Request for a sewer charge abatement for the property located at 97 Cadorna Street in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilman Cunha Seconded by: Councilwoman Capobianco
Motion: Approve the abatement in the amount of $308.16.
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VOTE | MAYOR BRIDEN | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CUNHA | COUNCILMAN ROSE | COUNCILWOMAN ROSSI |
| Aye | √ | √ | √ | √ | √ |
| Nay |
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| Abstain |
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| Absent |
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THOMAS C. RILEY $1,528.77
Request for a sewer charge abatement for the property located at 215-217 South Hull Street in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilman Rose Seconded by: Councilman Cunha
Motion: Approve the abatement in the amount of $1,528.77.
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VOTE | MAYOR BRIDEN | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CUNHA | COUNCILMAN ROSE | COUNCILWOMAN ROSSI |
| Aye | √ | √ | √ | √ | √ |
| Nay |
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| Abstain |
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| Absent |
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JAQUELINE ROSE $179.79
Request for a sewer charge abatement for the property located at 164 Waterman Avenue in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilwoman Capobianco Seconded by: Councilwoman Rossi
Motion: Approve the abatement in the amount of $179.79.
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VOTE | MAYOR BRIDEN | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CUNHA | COUNCILMAN ROSE | COUNCILWOMAN ROSSI |
| Aye | √ | √ | √ |
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| Nay |
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| Abstain |
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| Absent |
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SHARON SHEPARD $55.00
Request for a sewer charge abatement for the property located at 37 Hazard Avenue in accordance with City Ordinance Sec. 17-183(g).
Motion by: Councilwoman Capobianco Seconded by: Councilwoman Rossi
Motion: Approve the abatement in the amount of $55.00.
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VOTE | MAYOR BRIDEN | COUNCILWOMAN CAPOBIANCO | COUNCILMAN CUNHA | COUNCILMAN ROSE | COUNCILWOMAN ROSSI |
| Aye | √ | √ | √ | √ | √ |
| Nay |
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| Abstain |
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| Absent |
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A motion to approve the Claims Committee Report was made by Councilwoman Rossi, seconded by Councilman Cunha and on a roll call vote it is unanimous.
The meeting is extended 15 minutes.
C. Council Members
A motion to defer Mayor Briden’s items to the next Council meeting is made by Councilwoman Rossi, seconded by Councilwoman Capobianco and on a roll call vote it it unanimous.
1. Tax Year Alignment (by Mayor Briden)
This item was deferred.
2. Results of Homestead Audit (by Mayor Briden)
This item was deferred.
3. Charter Amendment Referendum and Process (by Mayor Briden)
This item was deferred.
4. East Providence Police Department (by Assistant Mayor Rose)
This item was deferred.
5. Summer Camp with Jamie Silva (by Assistant Mayor Rose)
This item was deferred.
6. Tax Form Check Box (by Assistant Mayor Rose)
Assistant Mayor Rose stated that last year the tax box option went to donate to Middle School Sports and raised $8,250 and would like to confirm that the money went to that area. He asked the Council members if they have any ideas for the check box this year.
Councilwoman Rossi stated she has been working to raise money for the High School Band. They will need $75,000 for replacement of equipment. With funds raised at the bachelor auction they were able to make their first purchase of a horn costing $1,190.
Councilwoman Capobianco stated she supported the band equipment request. The Council agrees the check box should go to band equipment this year.
A motion to approve the check box to be used this year for the purchase of band equipment is made by Councilwoman Rossi, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
7. Sabins Point Dock (by Councilwoman Capobianco)
Director Coutu stated all items went out to bid and they are waiting on delivery which is slated for May 29th with completion and installation to be done before the boating season begins.
8. Silver Spring Playground (by Councilwoman Capobianco)
Director Coutu stated engineering is preparing to survey the equipment and installation should begin in late spring and be completed by the end of the construction season. He noted he would like to have a public meeting for additional input before everything is finalized.
9. Request for a Traffic Study to change Summit Street to a One Way (by Councilman Cunha)
Councilman Cunha stated Summit Street is experiencing a problem with cut thrus and excess of speeds of 40 miles per hour. Can the traffic be diverted to Valley Street?
Director Coutu stated he knows this has been an issue with Waterfront Drive. If Valley Street would work he can’t say for sure but he will work with the EPPD t on speeds. The street essentially functions as an on ramp to 195. Once you try to divert the traffic it just ends up pushing it to the other parallel streets.
Councilman Cunha stated the City doesn’t need traffic control on Massasoit Avenue all the time it is needed on the side streets where people live.
Director Coutu stated he will meet with EPPD and will report back.
10. Carousel Ride Training and Concerns (by Councilwoman Rossi)
Councilwoman Rossi stated for years and years the Carousel Commission and the City have always been at the mercy of the Carousel Manager. If that person chooses to leave service with the Carousel the City is stuck with no ride operator. She would like to ask other Council members to join with her and ask the City Manager to get City workers trained as backup. This provides a pool of ride operators to train future ride operators and provides for due diligence to prevent future issues.
A motion to approve City employees train as backup to the ride operator is made by Councilman Cunha, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
11. Proposal of new Recreation Center and Soccer Complex (by Councilwoman Rossi)
Councilwoman Rossi stated the Recreation Center has twice been voted on for approval of bonds by the residents but the City can't really afford to go to bond for a new center. She and the previous City Manager were working on options with Ed Catelli. Oldham School is closed and is no longer being used as a school. With no heat on in the building it is declining. After talking with the Finance Director, he has stated the City could afford about $1.2 million or so of bond money to make this happen. The site sits on 12 acres and 5 or 6 acres are needed for a soccer complex. The ground is mostly level and this would make Providence Avenue part of the complex as a paper street. Additionally, it makes use of a City building. The Recreation Department was involved with this project as well and received positive feedback from AYSO who stated they could write a grant to get some of the site work done. There would be planning and public comments prior to action being taken.
Solicitor Chapman suggested they start with Planning and Recreation.
Director Moore stated that $1.2 million over 20 years would require a commitment of $90,000 a year through the budget process via a bond.
Councilwoman Rossi states she would like to earmark $1.2 million for the new recreation center and soccer complex.
A motion to approve an earmark of $1.2 million for the new Recreation Center and Soccer Complex at the old Oldham School is made by Councilwoman Rossi, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
D. Report of School Committee Liaison
No report.
E. Resolutions
1. A Resolution Regarding Roads, Sidewalks and Bridges.
A motion to dispense with the reading of the resolution is made by Councilwoman Rossi, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
APPROVING THE FINANCING OF THE CONSTRUCTION, RECONSTRUCTION AND REPLACEMENT OF STREETS, SIDEWALKS AND BRIDGES IN THE CITY AND APPROVING THE ISSUANCE OF BONDS AND NOTES THEREFOR IN AN AMOUNT NOT TO EXCEED $1,215,000
SECTION 1. Pursuant to Chapter 9 of the Public Laws of 2014, an amount not to exceed $1,215,000 is appropriated for the purpose of financing the construction, reconstruction and replacement of streets, sidewalks and bridges in the City (the "Project").
SECTION 2. The Director of Finance and the Mayor be and hereby are authorized to issue on behalf of the City, an amount not exceeding One Million Two Hundred Fifteen Thousand Dollars ($1,215,000) bonds of the City, 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 not exceeding $1,215,000 interest bearing or discounted notes in anticipation of the issue of said bonds or in anticipation of the receipt of federal or state aid for the purpose specified in Section 1 hereof.
SECTION 4. 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. The said officers from time to time may apply for, contract for and expend any federal or state advances or other grants or assistance which may be available for the purposes specified in Section 1 hereof. The City may enter into financing agreements with the Rhode Island Clean Water Finance Agency (the "RICWFA") in accordance with chapter 24-18 of the general laws to evidence loans from the municipal road and bridge revolving fund administered by the RICWFA.
SECTION 6. 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 may expend funds from the general treasury of the City 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 7. The Director of Finance and the Mayor are also authorized, empowered and directed, on behalf of the City, to: (i) execute, acknowledge and deliver any and all other documents, certificates or instruments necessary to effectuate such borrowing; (ii) amend, modify or supplement the bonds or notes any and all other 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) 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 resolution in order to effectuate said borrowing and the intent hereof.
SECTION 8. The Director of Finance together with the Mayor be, and hereby are, authorized to deliver the bonds or notes to the purchaser or purchasers and, if the bonds or notes are to be issued on a tax-exempt basis, said officers be, and hereby are, 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 9. This resolution is am affirmative action of the City Council of the City toward the issuance of bonds or notes in accordance with the purposes of the laws of the State. This resolution 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 resolution but prior to the issuance of the bonds or notes. Such amounts to be reimbursed shall not exceed $1,215,000 and shall be reimbursed not later than eighteen (18) months after (a) the date on which the expenditure is paid or (b) the date the Project is placed in service or abandoned but in no event later than three (3) years after the date the expenditure is paid.
This resolution shall become effective upon its passage.
Requested by: Director of Public Works
A motion to approve the resolution is made by Councilwoman Capobianco, seconded by Councilman Cunha and on a roll call vote it is unanimous.
F. Introduction to Ordinances
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
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
This ordinance was deferred to the next meeting along with the previous Water Ordinance regarding Water Rates.
G. Communications
2. Ken Goucher, 291 Brown Street (02914) requesting to address the Council regarding Water Meter $80 charge on water meters.
3. Tom Riley, 3620 Pawtucket Avenue (02915) requesting to address the Council regarding Red Light Timing.
Mr. Riley states that red light cameras are not necessary. East Providence has got to have the best police department in the State. The City needs to take a proactive look at what it can do to prevent accidents at intersections by lengthening the caution lights by two seconds for a delayed green light.
XII. ADJOURNMENT
A motion to adjourn at 10:43PM is made by Councilwoman Rossi, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.
Approve By Council: May 20, 2014
Attest: ________________
City Clerk