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) (2)

A.    Claims

1.      Amica Mutual Insurance Company (Ins. Mario Furtado)

2.      Geoffrey Golomb

3.      Frederick R. Roberts, Jr.

B.     Sewer Abatements

1.      Christopher Arruda

2.      Benxui Ji

C.     Fire Department Negotiations

II.                CALL TO ORDER

III.             SALUTE TO THE FLAG

IV.             TO APPROVE THE CONSENT CALENDAR

A.  Cancelation/Abatements

V.                PUBLIC COMMENT

A.    Kenneth Bergon, 35 North Broadway – traffic issues at intersection where Sunshine Creamery is located, not stopping.

VI.             PROCLAMATIONS AND PRESENTATIONS

East Providence High School Boys Baseball Division II Champions (by Councilwoman Capobianco)

Unanimous Consent is granted to move the final passage of Kettle Point Ordinance. 

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. 

A.    ADOPTING AN AMENDED EAST PROVIDENCE WATERFRONT SPECIAL DEVELOPMENT DISTRICT TAX INCREMENT FINANCING PLAN (THE “AMENDED PROJECT PLAN”) AND AUTHORIZING THE ISSUANCE OF BONDS TO FINANCE CERTAIN PUBLIC INFRASTRUCTURE AND PUBLIC IMPROVEMENTS NECESSARY IN CONNECTION WITH THE KETTLE POINT PROJECT

WHEREAS, by Ordinance No. 516 adopted October 5, 2010 and October 19, 2010 (the “2010 Redevelopment Ordinance”), the City Council adopted and approved the East Providence Waterfront Special Development District Plan (the “Redevelopment Plan”) and designated the area within the City described in the Redevelopment Plan as the East Providence Waterfront Special Development District as a redevelopment area (the "Redevelopment Area") pursuant to chapters 31-33 of title 45 of the Rhode Island General Laws, the Redevelopment Act of 1956 (the "Redevelopment Act"); and

WHEREAS, pursuant to the 2010 Redevelopment Ordinance, the City Council approved the East Providence Special Waterfront Development District Tax Increment Financing (TIF) Project Plan (the “Project Plan”) which designates several Special Development Sub-districts, including the Kettle Point Special Development Sub-district (the “Project Area”); and

WHEREAS, upon recommendation of the East Providence Waterfront Special Development District Commission (the "Waterfront Commission") the City Council approved Amendment No. 1 to the TIF Project Plan (as amended, the “Amended Project Plan”), by Ordinance No. 578   duly passed by the City Council on May 21, 2013 and June 4, 2013 (the “2013 Redevelopment Ordinance”), based upon the City’s findings, among other things, that the projects, facilities, programs and other assistance described in the Amended Project Plan are needed and in the public interest; and

WHEREAS, it is the purpose and intent of the City Council to facilitate redevelopment of the Redevelopment Area to accommodate the City’s redevelopment initiatives; and

WHEREAS, pursuant to the Redevelopment Act and chapter 33.2 of title 45 of the Rhode Island General Laws (the "Tax Increment Financing Act") the City desires to raise funds for such redevelopment by the issuance of tax increment financing bonds of the City or other bonds secured by a tax increment pledge ("TIF Bonds"); and

WHEREAS, the Tax Increment Financing Act requires as conditions precedent to the creation of a tax increment, that the City Council adopt a redevelopment plan and a project plan, including the designation of a tax increment area and the calculation of the tax increment to be derived from taxes levied on real and personal property situated in or otherwise assignable for purposes of property taxation in the tax increment area; and

WHEREAS, the City Council is required by the Redevelopment Act to make certain findings, determinations and declarations in connection with the adoption of a redevelopment plan and a project plan; and

WHEREAS, Kettle Point, LLC has changed its name to Kettle Point LLC ("KP LLC") and KP LLC continues to be the designated developer of certain land located in the Kettle Point Special Development Sub-district and KP LLC anticipates that it will develop a residential project in the Kettle Point Special Development Sub-district and incur capital expenditures of approximately $86,000,000 for such development (the “Kettle Point Project”); and

WHEREAS, in response to market conditions, KP LLC intends to change the number of condominiums and luxury apartments in the development and has requested other concessions from the City; and

WHEREAS the East Providence Waterfront Commission has recommended that the City Council approve Amendment No. 2 to the Project Plan dated as of June 15, 2014 which amends the Project Plan consistent with improvements now contemplated by KP LLC for the Project Area;

WHEREAS, pursuant to the Tax Increment Financing Act, the City shall designate a portion of the tax increment resulting from the Kettle Point Project for the benefit of certain projects described in the Redevelopment Plan and the Project Plan, including the infrastructure and public improvements contemplated by the Kettle Point Project (the “TIF Projects”); and

WHEREAS, the City wishes to provide authorization, subject to Section 8 hereof, for the issuance of special obligation bonds and/or bond anticipation notes pursuant to the Tax Increment Financing Act in an aggregate amount not to exceed $10,600,000 to finance and refinance the TIF Projects related to the Kettle Point Project; and

WHEREAS, TIF Bonds will be payable solely from "project revenues" as defined in the Tax Increment Financing Act; and

WHEREAS, project revenues will include tax increments, bond proceeds and special assessments; and 

WHEREAS, it is intended that special assessments will be properly imposed on land and improvements comprising the Kettle Point Project and serve as additional security for the TIF Bonds issued for the benefit of the Kettle Point Project, such special assessments to be paid over the term of any TIF Bonds issued for the benefit of the Kettle Point Project; and

WHEREAS, the tax increment revenues will be a credit to the payment of special assessments, all as provided in the Assessment Plan as approved by the Waterfront Commission, and further described herein; and

WHEREAS, project revenues do not include general funds of the City;

WHEREAS, the TIF Bonds will be special obligations of the City payable solely from project revenues; and

WHEREAS, the City wishes to amend the Project Plan to permit the development of the Kettle Point area by KP LLC, and approve the special assessment in the District as approved by Waterfront Commission for the purposes set forth above.

NOW THEREFORE, the City Council of the City of East Providence hereby makes the following findings, determinations and declarations with regard to the East Providence Waterfront Special Development District Tax Increment Financing Plan, including Amendment Nos. 1 and 2 (as so amended, the “Amended Project Plan”), which findings are required by Sections 45-32-13 through 45-32-18, Section 45-32-20 and Section 45‑33.2‑4(1) and (5) of the Rhode Island General Laws:

1.   The Redevelopment Plan and the Amended Project Plan are feasible and conform to the comprehensive plan for the City of East Providence, and if carried out would promote the public health, safety, morals and welfare of the community, and would effectuate the purposes of the Redevelopment Act.

2.   The source of funds for carrying out the TIF Projects as provided in the Redevelopment Plan and the Amended Project Plan shall be proceeds from the sale of TIF Bonds issued by the City of East Providence and any other legally available revenues contemplated by the Redevelopment Plan and Project Plan.

3.   The Redevelopment Plan does not directly result in changes to streets except for the extension and construction of a portion of Waterfront Drive, the entrance features at Lyon Avenue, the construction of Kettle Point Loop Road, the construction of the road extending to the new parking area for the East Bay Bike path, the relocation of existing curb cuts on Veterans Memorial Parkway and internal roads within the Kettle Point Project.

4.   The Redevelopment Plan and Amended Project Plan do not presently provide for acquisition by the City of property by negotiation or by eminent domain.

5.   The Redevelopment Plan contemplates financial aid from the federal government.

6.   The Redevelopment Plan provides for the retention of controls and the establishment of any restrictions or covenants which may run with the real property sold, leased, or otherwise disposed of for private or public use as are necessary to effectuate the purposes of the Redevelopment Act.

7.   The findings of fact regarding “blighted and substandard conditions” set forth in the Redevelopment Plan are hereby accepted.  Based on those findings of fact, the Redevelopment Area is hereby found to be a "blighted and substandard area" as that term is defined in Section 45-31-8 of the Redevelopment Act and requires clearance, re-planning, redevelopment, rehabilitation and improvement.

8.   That the Project Area would not by private enterprise alone, and without either governmental subsidy or the exercise of governmental powers, be developed or revitalized in a manner so as to prevent, arrest, or alleviate the spread of blight or decay.

9.   That the Amended Project Plan will afford maximum opportunity to privately financed development or revitalization consistent with the sound needs of the City as a whole.

10. The facilities and other assistance are needed and that the financing of the project in accordance with the Amended Project Plan is in the public interest.

11. There is not within the City an adequate supply of low rent housing for persons or families of low income available for rents they can afford to pay, the rents which those persons or families can afford to pay would not warrant private enterprise providing housing for them, and the financing of public improvements in accordance with the Amended Project Plan is in the public interest.

12. The City Council intends that the Project Area be redeveloped in accordance with the City’s Redevelopment Plan and Comprehensive Plan and intends that such redevelopment promote the health, safety and welfare of the City.

13. Unemployment or the threat of unemployment exists in the City, and it is expected that the Amended Project Plan will create approximately 10 permanent and 757 temporary full-time equivalents jobs.  It is expected that wages and benefits from such job will be comparable to current market rates resulting in increased personal income tax for the State of Rhode Island.

NOW THEREFORE, the City of East Providence ordains as follows:

SECTION 1.  The Kettle Point Special Development Sub-district is designated as a project area for the purposes of the Tax Increment Financing Act. The Redevelopment Plan is the official redevelopment plan for the Project Area. The Amended Project Plan, incorporated herein by reference, is adopted and approved as a project plan pursuant to chapter 45-33.2 of title 45 of the Rhode Island General Laws.  The public improvements shall be in the Project Area, and shall be identified as "Kettle Point TIF Project Number 2013-1."

SECTION 2.  There is hereby authorized, subject to Section 8 hereof, the issuance of special obligation bonds and/or bond anticipation notes pursuant to the Tax Increment Financing Act in an aggregate outstanding amount not to exceed $10,600,000 to finance the TIF Projects contained in the Amended Project Plan relating to the Kettle Point Project (the “Bonds”).

SECTION 3.  The Bonds shall be issued for the purpose of carrying out any project or projects described in the Amended Project Plan including the TIF Projects.  Without limiting the generality of the foregoing the Bonds shall be issued for TIF Project costs, which may include interest prior to and during the carrying out of any such project and for a reasonable time thereafter, such costs, reimbursements and reserves as may be required by any agreement or arrangement securing the Bonds, and all other expenses with respect thereto, including, without limitation, reimbursement of expenses previously paid from any other source, incidental to planning, carrying out and financing any such project.

SECTION 4.  The Bonds shall be payable solely from "project revenues" including tax increment as defined in the Tax Increment Financing Act and shall not be deemed to be a pledge of the faith and credit or the taxing power of the  City.

SECTION 5.  The City hereby pledges not more than 70% of the tax increment resulting from the Project Area to the repayment of the Bonds.  Notwithstanding anything contained herein to the contrary, the debt service on the Bonds shall not exceed 60% of the estimated tax increment supporting the Bonds.

SECTION 6.  Each of the Bonds shall recite on its face that it is a special obligation bond or bond anticipation note, as the case may be, payable solely from "project revenues" as defined in the Tax Increment Financing Act pledged for its repayment.

SECTION 7.  The Bonds shall be dated and may be made redeemable before maturity with or without premium.  The Bonds may be issued in one or more series.   The Authorized Officers defined below shall determine the terms, details and manner of sale and other conditions of the Bonds and the security structure therefor for each issue of Bonds in accordance with the Tax Increment Financing Act and the Amended Project Plan, including the manner in which tax increment received and to be received under the Tax Increment Financing Act and the Amended Project Plan and other "project revenues" under the Act shall be escrowed, pledged or otherwise used to secure any such Bonds issue, and shall also determine the date or dates of the Bonds, their denomination or denominations, the place or places of payment of the principal and interest thereon, which may be at any bank or trust company within or without the state, their interest rate or rates, maturity or maturities, redemption privileges, if any, and the form and other details of the Bonds.

SECTION 8.   The City Manager and the Director of Finance (the “Authorized Officers”), in consultation with the City Solicitor, are authorized to negotiate and determine the terms and provisions of such documents required for the sale and issuance of the Bonds and the documents required to complete the TIF Projects described in the Amended Project Plan, including a Development Agreement and other necessary documents and certificates, and such Authorized Officers, acting jointly, are hereby authorized to execute and deliver such documents. 

SECTION 9.   The Authorized Officers are authorized to prepare and deliver an Official Statement or Preliminary Limited Offering Memorandum, if required, in connection with the sale of the Bonds, and the Mayor and the Director of Finance are authorized to execute and deliver the Official Statement or Preliminary Limited Offering Memorandum, a Trust Indenture, a Series Indenture and a Bond Purchase Agreement consistent with the terms and conditions determined by the Authorized Officers in accordance with Section 7.

SECTION 10.  The Bonds shall be signed by the Director of Finance, shall be countersigned by the Mayor, either manually or by facsimile, and shall bear the seal of the City or a facsimile thereof. 

SECTION 11.  In case any officer whose signature or a facsimile of whose signature shall appear on any Bonds shall cease to be an officer before the delivery thereof, such signature or facsimile thereof shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until the delivery.

SECTION 12.  The City may sell the Bonds in such manner, either at limited public or private sale, and for such price, as the Authorized Officers may determine will best effect the purposes of this ordinance and the Tax Increment Financing Act.

SECTION 13.  Notwithstanding any provisions of any general or special law to the contrary, Bonds issued under the Tax Increment Financing Act and hereunder may provide for annual or more frequent installments of principal in equal, diminishing, or increasing amounts, with the first installment of principal to be due at any time within five (5) years from the date of the issuance of the bonds and the last installment of principal to be due not later than twenty-five (25) years from the date of the issuance of the Bonds.

SECTION 14.  The Mayor and the Director of Finance are authorized to execute and deliver a Continuing Disclosure Certificate in connection with the Bonds, in such form as shall be deemed advisable by the Authorized Officers.  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 bond anticipation notes, failure of the City to comply with any Continuing Disclosure Certificate shall not be considered an event of default under such bonds or bond anticipation notes; however, any bondholder or note holder 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 each Continuing Disclosure Certificate.

SECTION 15.  From and after the issuance of the Bonds, the Authorized Officers, acting jointly, and the Mayor are authorized to execute and deliver other documents, certificates, agreements and amendments thereto, in furtherance of the development of the TIF Projects in such forms as said officers deem advisable, consistent with the best interests of the City, the execution and delivery thereof by such Authorized Officers to be conclusive evidence of such approval.

SECTION 16.  The City Council hereby accepts and approves the Kettle Point City of East Providence, Rhode Island East Providence Waterfront Special Development District Commission Assessment Plan (the "Assessment Plan") as heretofore adopted by the Waterfront Commission in accordance with chapter 345 of the Public Laws of 2003.

SECTION 17.  The execution and delivery of an Assessment Pledge Agreement are hereby authorized.  The Authorized Officers, acting jointly, and the Mayor are hereby authorized to execute, acknowledge, and deliver the Assessment Pledge Agreement in such form as may be approved by said Authorized Officers, the execution and delivery thereof by such Authorized Officers to be conclusive evidence of such approval.

SECTION 18.  This ordinance shall take effect upon its second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.

Requested by:  Councilwoman Rossi

Director of Planning, Jeanne Boyle provided an overview.  The Waterfront Commission provided a memo to Council in support. 

Paul Luba is called to the podium and is in support of the changes to the original TIF ordinance. 

Councilman Cunha asks questions relative to the size, cost and makeup of the condo units.

Director Boyle and the developer respond.

Mayor Briden opens up the public hearing portion. 

Tom Riley 3620 Pawtucket Avenue asks questions relative to the number of students and section 8 qualifications. 

Director Boyle provides explanations.

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. 

A five minute recess is called.

Unanimous Consent is granted to move the Block Party and Road Race under Communications.

A.    Communications

1.      Gary Menissian, 121 Agnes Street (02914) requesting to address the Council regarding a road race approval for Ocean State MultiSport. 

Mr. Menissian provides background on the race taking place on August 17, 2014 at 7:00AM as well as his past experience.  He has met with the EPPD and they have reviewed the route and will continue working on the route most of which will utilize the bike path.  They have received all their required permits for the start and end locations of the race. 

Solicitor Chapman requests a deposit regarding the estimated cost of the EPPD details and it is agreed that Mr. Menissian will provide a $1500 check made payable to the City of East Providence and will deposit said check with the City Clerk’s Office this week.  If the money isn’t utilized it will be refunded to Mr. Menissian. 

A motion to approve the road race is made by Councilwoman Capobianco, seconded  by Councilwoman Rossi and on a roll call vote it is unanimous.

2.      Dean Ventre and Roger Morrell, 16 Outlook Avenue (02914) requesting to address the Council regarding the 8^th Annual Neighborhood Block Party, Saturday, August 9^th, 4:00PM-11:00PM, blocking off Outlook Avenue from Hawthorne Avenue to Brightridge Avenue. 

Assistant Mayor Rose states that this is the 8^th Annual Block Party they have had and they always do a great job. 

A motion to approve the Block Party is made by Councilwoman Capobianco, seconded by Councilwoman Rossi and on a roll call vote it is unanimous. 

Unanimous Consent is granted to move final passage of the general bond obligation ordinance.

VII.          PUBLIC HEARING – ORDINANCES FINAL PASSAGE

A.    ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS

WHEREAS, the City of East Providence (the "City") has previously issued its [$5,095,000 General Obligation Bonds dated June 15, 1999, its $4,860,000 General Obligation Bonds dated May 15, 2000, its $5,130,000 General Obligation Bonds dated May 15, 2001, its $9,000,000 General Obligation Bonds dated May 15, 2003, and its $9,000,000 General Obligation Bonds dated May 15, 2004 (collectively, the "Prior Bonds"); and

WHEREAS, the City desires to issue general obligation refunding bonds (the "Refunding Bonds") to refund all or any part of the Prior Bonds in order to take advantage of the lower interest rates which currently are prevailing;

WHEREAS, the City intends to issue the refunding bonds provided the present value savings is at least equal to 3% of $16,335,073, the current outstanding debt service, including principal and interest.

The Council of the City of East Providence hereby ordains:

SECTION 1.  Pursuant to Rhode Island General Laws Section 45-12-5.2 the City is authorized to issue Refunding Bonds of the City in an amount necessary to refund all or a portion of the Prior Bonds and to provide for any principal of, redemption premium, and interest on the Prior Bonds coming due on or prior to the date on which the Prior Bonds are to be redeemed, and costs of issuance of the Refunding Bonds.  Such authorization is contingent upon obtaining the present value savings levels set forth above in the third Whereas clause.

SECTION 2.  The issuance of the Refunding Bonds will result in a financial benefit to the City.

SECTION 3.  The manner of sale, amount, denominations, maturities, conversion or registration privileges, interest rates, medium of payment, and other terms, conditions and details of the Refunding Bonds authorized herein may be fixed by the officers authorized to sign the Refunding Bonds.

SECTION 4.  The City Council hereby authorizes the Director of Finance and the Mayor acting on behalf of the City, to issue the Refunding Bonds for the purposes set forth in this Ordinance and to take all actions as they deem necessary to effect the issuance of the Refunding Bonds.  The Refunding Bonds shall be issued by the City under its corporate name and seal or facsimile of such seal.  The Refunding Bonds shall be signed by the manual or facsimile signature of the Director of Finance and the Mayor.

SECTION 5.  The Director of Finance and the Mayor are hereby authorized to issue the Refunding Bonds and deliver them 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 Refunding Bonds will be excludable from gross income from federal income tax purposes and to refrain from all actions which would cause interest on the Refunding Bonds to become subject to federal income taxes.

SECTION 6.  The Director of Finance and the Mayor 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 "Rule") and to execute and deliver a Continuing Disclosure Certificate in connection with the Refunding Bonds in the form as shall be deemed advisable by the Director of Finance and the Mayor in order to comply with the 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 Refunding Bonds, failure of the City to comply with the Continuing Disclosure Certificate shall not be considered an event of default; however, any bondholder 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 9.  This Ordinance shall take effect upon its passage. 

Requested By:  Director of Finance

Under Public Hearing:

Tom Riley, 3620 Pawtucket Avenue asks a question regarding the savings rate.

Director Moore is called to the podium and explains there are 5 bonds totaling $33 million expiring over the next 5-10 years the rate will go from 4.6% to 2.6% for a savings of $971,591 next year. 

A motion to approve the ordinance for final passage is made by Councilwoman Rossi, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous. 

VIII.       LICENSES REQUIRING PUBLIC HEARING

A.    Second Hand/Antiques

Robert O. Bickford, III DBA Remember When, 660 Bullocks Point Avenue (02915), Robert O. Bickford, III, 53 Woodbine Street (02915)

Councilwoman Rossi asks if Mr. Bickford has ever owned a second hand store before. 

Mr. Bickford states he has not but he has managed one before and he also has a full time job as a teacher in Woonsocket. 

A motion to approve the license is made by Assistant Mayor Rose, seconded by Councilwoman Rossi and on a roll call vote it is unanimous. 

IX.             LICENSES NOT REQUIRING PUBLIC HEARING

X.                NEW BUSINESS

B.     City Managers Report (by Acting City Manager, Paul Lemont)

1.      Roofing Issues – Odd Fellows Home, Pierce Field

The City Manager reports that two weeks ago the Council approved roofs, one was the Odd Fellows Home and the total bid award which was approved was $59,050.  However, the bidder withdrew when he realized he had to pay prevailing wages.  The next lowest bid was $95,000.  Prevailing wage runs $70 an hour.  The City would like to take a closer look at the structural integrity of the building before proceeding.  Additionally, the City is looking into the company which won the bid to repair the roof at Union Primary and to see if they had sublet out the work and to confirm they are paying prevailing wage. 

C.    Reports of Other City Officials

1.      Claims Committee Report (by City Solicitor Timothy Chapman)

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

D.    Council Members

1. Recognizing the EPHS Band (Assistant Mayor Rose)

Assistant Mayor Rose states that the Council has recognized many great sports accomplishments for the City and he would like to see the EPHS Band also recognized for their accomplishments as they were invited and played in Disney World this past month.  At the next meeting he will arrange for a recognition service. 

2.      Start Date of Road Construction (Assistant Mayor Rose)

Assistant Mayor Rose reports that the Director of Public Works has stated road construction of approved sites will begin in August. 

3.      Ground city program (by Councilman Cunha)

Councilman Cunha called Director Coutu to the podium and asked how the Ground City Program was going.  Director Coutu reported that it is going well they have 5 part time employees for summer work and 1 full time laborer.  They are cutting grass and weeds on islands and in City parks. 

Councilman Cunha stated that he was disappointed to see the roads he marched along for the Braga Club Feast had a lot of trash and weeds on them as well as City Hall and the surrounding lots. 

Director Coutu stated they would investigate this and anytime there are any sites which need cleaning the Councilman can contact him or the City Manager by phone, email or text and they will get right over to investigate. 

4.      Condemned houses (by Councilman Cunha)

Councilman Cunha asked what can be done about the boarded up houses and the yard debris surrounding them. 

Director Coutu stated the City has been very aggressive citing the banks of these foreclosures and right at the 10 day point cutting and cleaning the yard and charging the banks.  They have been actively driving around to locate these properties.  If there are any which people feel are not be taken care of they should notify the Director of Public Works immediately and they will get right on it. The 10 days is the bare minimum which the state law allows and is the quickest they can cut the grass due to state building code restrictions. 

5.      Red tag on properties (by Councilman Cunha)

Councilman Cunha stated the same issue happens with absentee landlords. 

Director Coutu stated the City does the same thing, notifies and gives the landlord 10 days and if they do not comply the City cleans the property and charges the landlord. 

Councilman Cunha asked if a property owner could repair the sidewalk. 

Director Coutu stated they could provided that they receive a permit for the work.

6.      Street sweeps (by Councilman Cunha)

Councilman Cunha asked if the streets were being swept and how often.

Director Coutu stated the sweepers are out every day.  Right now they are in the Burgess Avenue/Pierce Field area.  Each side street gets swept twice a year and each main road gets swept 3 times a year. 

7.      Four Year Terms-Home Rule Charter (by Councilwoman Rossi)

Councilwoman Rossi explains that at the Legislative Breakfast in March, Representative Melo stated to all present that the 4 year terms did not need legislative ratification due to the Home Rule Charter.  She stated she also spoke to the Board of Elections and the Secretary of State who both said this has nothing to do with the State but is a local issue.  She added that she spoke to Representative Amore who also asked the House Legal Counsel who also stated the 4 year term question does not require legislative ratification as length of terms are not under the State prevue. 

Councilman Cunha wanted to know why Councilwoman Rossi didn’t bring this up during the legislative session. 

Councilwoman Rossi said she has many times and the bills themselves state may ratify not must ratify.  She added that she feels they didn’t ratify them because they don’t need to.

Solicitor Chapman discussed the legal opinion which he previously provided to Council and he contends and states that case law supports the fact that the general assembly has prevue over election laws and this is an election law. 

Tom Riley, Canvassing Board Director speaks stating he agrees with the Solicitor and since this is the only written legal opinion they have received that is what he is accepting.  He adds the question was poorly written and has no recall located in the change and therefore he doesn’t agree it should be accepted anyway.

8.      Update on EP Council on the Arts (by Councilwoman Rossi)

Councilwoman Rossi reports the official name of the new arts group in East Providence is the East Providence Arts Council.  The have a website epartscouncil.com, a facebook and a twitter account. 

9.      Riverside Renaissance Movement (by Councilwoman Rossi)

Councilwoman Rossi reports they are really moving along and are becoming quite a force in Riverside.  They recently held a well attended beach cleanup and are hoping to attend a Council meeting soon to update everyone on the organization

10.  Public Celebrations Committee (by Councilwoman Rossi)

This item was tabled at Councilwoman Rossi’s request. 

11.  Stop and Shop 100 Days of Giving (by Councilwoman Rossi)

Councilwoman Rossi explained the giant check for $1000 from Stop and Shop which will be used to fund much needed band equipment. She thanked Stop and Shop for their generous donation and for supporting EP Kids. In addition, the check box on the tax forms this year will be for band equipment.  The band needs approximately $75,000 for new equipment.  She also thanked the East Providence Teachers and Community Federal Credit Union for providing a free account for the donations. 

E.     Report of School Committee Liaison

School Committee Member Anthony Ferreira stated that work began on the new roof at Whiteneckt Elementary School.  Also August 22-23 will be the community build date for the special needs playground at Waddington School.  They are working in EPHS to turn 5000 square feet of old chalkboards to dry erase boards via Sherwin Williams and they have completed 60 smart boards at EPHS as well.   

XI.             ADJOURNMENT

A motion to adjourn is made by Assistant Mayor Rose, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous. 

Approved By Council:  August 19, 2014

Attest:  _______________

                   City Clerk