CITY OF EAST PROVIDENCE

RHODE ISLAND

JOURNAL OF REGULAR COUNCIL MEETING

March 18, 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

 

 

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) & (5)

 

A.    New Claims

 

1.      George Henderson

2.      Kelly Perron

 

B.     Miscellaneous

1.      Annamaria Troino

2.      Elaine Eckles

3.      David Robson

4.      Robert Abbott

5.      Susan & Dexter Patterson

 

C.     Department Head Contract

 

D.    Disposition of City Owned Property

1.      1169 South Broadway

MAP 207 BLOCK 21 PARCEL 001.00

 

2.      260 Dover Avenue MAP 408 BLOCK 02 PARCEL 002.00

 

II.                CALL TO ORDER

Mayor Briden calls the meeting to order at 8:11PM.

           

III.             SALUTE TO THE FLAG

 

IV.             TO APPROVE THE CONSENT CALENDAR

 

A.        Letters

             

1.  Resolution Newport City Council encouraging the RI General Assembly to support the 2014 Federal Transportation Reauthorization Act. 

 

 2.  Notice of New Property Number 18 Vineyard Avenue (02916) Map 405, Block 01, Parcel 002.00, Zoning R4:  Jimmy Fernandes.  

 

B.        Alcoholic Beverage Class F

 

1.      St. Martha’s Church, Irish Italian Night, Saturday, March 15, 2014, 2595 Pawtucket Avenue, Rev. David E. Green.  

2.      St. Francis Xavier Church, Band Fundraiser, Saturday, March 22, 2014, 160 Orchard Street, Maryann Marques. 

 

C.        Council Journals

1.  Council Journal February 26, 2014

2.  Council Work Session February 26, 2014

3.  Council Journal March 4, 2014 

           

A motion to approve the Consent Calendar minus Items #1 and #3 from Letter C is made by Assistant Mayor Rose, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous. 

 

           

V.                PUBLIC COMMENT

A.    Tony Rueben, 45 Green Road (02916) – Red Light Cameras

B.     Kevin Feeney – Police Department

C.     Tom Riley 3620 Pawtucket Avenue (02915) – Pond View Kenlin/Finances

 

VI.             PROCLAMATIONS AND PRESENTATIONS

 

A.    Citation for Riverside Renaissance Movement (by Councilwoman Rossi)

This item was deferred.

B.     Special Commemoration to all the First Responders for their work on Tyler’s Troops by Assistant Mayor Rose

Special Citation to EPPD Patrolman Craig Sroka for organizing Tyler’s Troops by Councilwoman Rossi

C.     EPLED, Erik Denault (Requested By Councilman Cunha)

This item was deferred. 

 

VII.          APPOINTMENTS

A.    Harbor Commission – Assistant Harbor Master (by Assistant Mayor Rose)

Mathew P. Andrade, 28 Pinecrest Drive (02915)

 

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

VIII.       LICENSES REQUIRING PUBLIC HEARING

 

 

A.                Second Hand/Autos & Trucks

Prestige Auto Mart, Inc., 377 Taunton Avenue (02914), Manuel Sarmento, 101 Montaup Street, Somerset, MA 02726. 

 

Assistant Mayor Rose asks if this is the building on Taunton Avenue where King Richard Auto Sales was and if he would be doing the same type of business. 

 

Mr. Sarmento states it is and he will be. 

 

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. 

 

B.                 Second Hand Miscellaneous

April M. Medeiros DBA Lots of Treasures, 111 Waterman Avenue (02914), April J. Medeiros, 52 Island Avenue (02916)

 

April Medeiros was not present at calling of license. 

 

Tom Riley, 3620 Pawtucket Avenue spoke and requested Council hold license until license holder was present. 

 

Motion to defer action on the license is made by Assistant Mayor Rose, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous. 

 

The City Clerk is instructed to contact April Medeiros to see if she can arrive this evening.

 

April Mederios arrives and testifies. 

The store will be open Monday through Sunday from 9am-6pm.  This is her first second hand store

 

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

 

 

C.                 Second Hand Miscellaneous

Stephanie L. Correira DBA Buttons and Bows Childrens Clothes, 2723 Pawtucket Avenue (02914), Stephanie L. Correira, 5 Cedar Avenue (02915)

 

Joseph Correira is present to testify. 

 

IX.              LICENSES  NOT REQUIRING PUBLIC HEARING

 

Licenses are granted subject to all required approvals from State and City departments.

 

 

A.                Holiday Sales

April M. Medeiros DBA Lots of Treasures, 111 Waterman Avenue (02914), April J. Medeiros, 52 Island Avenue (02916)

 

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.                 Vict/Over 50

Cindy’s Kitchen, LLC 664 Bullocks Point avenue (02915), Sherry A. Bousquet-Lombardi, 3 Tiffany Avenue, West Warwick (02893)

Sherry Bousquet-Lombardi testifies.  She has worked in restaurants prior.  This

 

A motion to approve the license is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote it is unanimous with Mayor Briden recusing. 

 

C.                 Gatherer

Robert Tewksbury, 1 Moody Street (02916)

 

Mr. Tewksbury states that he and his wife pick up steel or other recyclables such as computer parts.

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. 

 

 

D.                Gatherer

Tammy Tewksbury, 1 Moody Street (02916)

 

Tammy Tewksbury was ill this evening and is represented by her husband Robert Tewksbury.

 

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

 

X.                PUBLIC HEARING – SHOW CAUSE HEARING

(Council sitting as Licensing Commissioners)

 

A.                DL Enterprises, Inc. DBA East Bay Tavern, 305 Lyon Avenue (02914), Denise Laidlaw. 

 

Solicitor Chapman stated that he received, late today, an email from the Executive Council of the Department of Business Regulation citing Title 3 violations on a de novo basis and requesting that any others be withheld until the conclusion of the Board’s decision. Entertainment is currently restricted and while open they cannot have entertainment without the Police Chief’s instructions allowing it to take place.

 

Assistant Mayor Rose asks if the State has the authority over a City entertainment license. 

 

Solicitor Chapman states because they put in place a Stay with written instructions of the Police Chief ,in order to have live entertainment, it is incorporated with the Stay on the liquor license. 

 

Councilwoman Rossi asks if Council can defer this entertainment license show cause hearing until the next meeting and review Title 3.

 

Attorney William C. Maaia stated that in reviewing the Stay, there are 4-5 reasons which are listed as egregious violations of law in order to hold a Show Cause Hearing.  The notice cites the same citation as those in your letter filed previously.  He moves for a motion to dismiss the action of Council as lacking jurisdiction.  The item has been moved to the Department of Business Regulation and they are clarifying what they have been asked to clarify. The Stay looks at the law, this court has decided that other actions would interfere and acting on the entertainment license would interfere with the process as it encompasses both licenses.  Adding, there is case law and statutory law. The testimony encompassed the entertainment license. 

 

Councilwoman Rossi noted that when Council noticed the establishment for the show cause hearing it was for the liquor license only.  This is a different license. 

 

Attorney Maaia stated the activity around the entertainment license was taken into consideration.

 

Assistant Mayor Rose asks the Police Chief to come to the podium. 

 

Chief Tavares states they have compiled tentative instructions but there are still issues to work out with the Solicitor.

 

Attorney Maaia states the establishment was closed for 12 days and subsequent to that his client voluntarily spoke with the Chief regarding details and decided not to have anything last weekend.  He continues to follow the ruling of the Department of Business Regulation.  

 

Assistant Mayor Rose asks if Council can be provided with a copy of the tentative instructions which the Solicitor and Chief spoke about. 

 

Solicitor Chapman states when they are completed he will provide them to Council.

 

Attorney Maaia states his client would like to open on a limited basis with entertainment.

 

Solicitor Chapman advises the Council not to go forward with tonight’s Show Cause Hearing.  

 

Councilwoman Rossi asks Council to table this Show Cause Hearing until the next docket.

 

Solicitor Chapman states they should be hearing from the Department of Business Regulation in a week or two.

 

A motion not to proceed with the hearing in accordance with the request from the Liquor Control Board is made by Councilwoman Rossi, seconded by Councilman Cunha and on a roll call vote it is unanimous. 

 

XI.             PUBLIC HEARING – ORDINANCES FINAL PASSAGE

 

A.  An ordinance regarding the City adopting the State Building Code as amended.

AN ORDINANCE IN AMENDMENT OF CHAPTER 4 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “BUILDINGS AND BUILDING REGULATIONS.”

SECTION I.  Subsection (a) of Section 4-1 entitled “Building code adopted” of Article I entitled “In General” of Chapter 4 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Buildings and Building Regulations” is hereby amended to read as follows:

(a)    The city hereby adopts the State Building Code, as amended, as the building code of the city.

 

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:  Director of Public Works

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

 

B.    An ordinance regarding an amendment to taxation to adhere to state law. 

AN ORDINANCE IN AMENDMENT OF CHAPTER 16 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “TAXATION”

SECTION I.  Subsection (d) of Section 16-16 entitled “Authority of city assessor” of Article II entitled “Property Exemption for Veterans and Persons 65 Years of Age and Older” of Chapter 16 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Taxation” is amended to read as follows:

(d) A transfer by the property owner of the real property into a living trust wherein the property owner is the settlor and trustee of such trust shall not result in the loss of the exemptions provided in this article so long as all other requirements are proven in accordance with sections 16-17 through 16-19.   The following transfer by the property owner of real property shall not affect the exemption of those individuals if:

(1)  The owner transfers an ownership interest in the property while retaining a life estate in the property; or

(2)  The owner transfers an ownership interest while leasing the property back but only where the lessee was the owner of the property prior to the transfer to the lessor; or

(3)  The owner transfers the property to a revocable or irrevocable living trust, if and so long as the otherwise eligible individual resides in such property and the otherwise eligible individual or the trustee is legally obligated to pay property tax on such property by contract, by agreement, by the terms of the trust instrument, or otherwise by law.  The provisions of this section shall be applicable to any such transfer, regardless of when the transfer is made.

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

Requested by:  Tax Assessor

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

 

C.  An ordinance regarding no parking on South Broadway (west side) from a point 265 feet south of Seth Street southerly for a distance of 70 feet

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS 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 265 feet south of Seth Street southerly for a distance of 70 feet

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:  Director of Public Works

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

 

XII.          NEW BUSINESS

 

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

1. Pre-Qualification for Road Contractors

 

There are 7 road contractors in total. This is a prequalification to perform work this summer. They have not gone out to bid yet. These will be the only companies allowed to bid. The City defines the qualifications then reviews so that when the City goes out to bid only qualified companies are bidding. Eric Skadberg the City Engineer is present and he states that they began this process towards the end of last year, in December of 2013.

 

A motion to approve the pre-qualification for road contractors is made by Councilwoman Rossi, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous. 

 

 

2.      Bold Point Clean-up and $100,000 Award

 

The area was littered with debris from old docks which will be removed with this grant. They will saw, cut and remove the logs and make boards out of them.

 

A motion to proceed with the Bold Point clean up is made by Councilwoman Capobianco, seconded by Councilman Cunha and on a roll call vote it is unanimous. 

 

B.     Report of Other City Officials

1.      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 Councilwoman Capobianco 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, MARCH 18, 2014; 7:00 P.M.; ROOM 101

====================================================================

NEW CLAIMS

GEORGE HENDERSON                                                                   $832.88

RM No. 14-018, Claim No. 14-015

Claim for property damage sustained to vehicle as a result of striking a storm drain enclosure on Arnold Street.  See recommendation of the Director of Public Works.

Motion by:  Councilman Rose               Seconded by:  Councilwoman Rossi

Motion:  Offer to settle the claim in the amount of $416.44.

VOTE	MAYOR BRIDEN	COUNCILWOMAN CAPOBIANCO	COUNCILMAN CUNHA	COUNCILMAN ROSE	COUNCILWOMAN ROSSI
Aye		√	√	√	√
Nay	√
Abstain
Absent

 

KELLY PERRON                                                                                  $526.54

RM No. 14-020, Claim No. 14-018

Claim for property damage sustained to vehicle as a result of striking a pothole on Taunton Avenue.  See recommendation of the Director of Public Works.

Motion by:  Councilwoman Rossi                        Seconded by:  Councilwoman Capobianco

Motion:  Refer the claim to the R.I. Department of Transportation.

VOTE	MAYOR BRIDEN	COUNCILWOMAN CAPOBIANCO	COUNCILMAN CUNHA	COUNCILMAN ROSE	COUNCILWOMAN ROSSI
Aye	√	√	√	√	√
Nay
Abstain
Absent

 

MISCELLANEOUS

 

ROBERT ABBOTT                                                                                $193.80

Request for a sewer charge abatement for the property located at 79 Pershing Street 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 $193.80.

VOTE	MAYOR BRIDEN	COUNCILWOMAN CAPOBIANCO	COUNCILMAN CUNHA	COUNCILMAN ROSE	COUNCILWOMAN ROSSI
Aye	√	√	√	√	√
Nay
Abstain
Absent

 

ELAINE ECKLES                                                                                  $505.72

Request for a sewer charge abatement for the property located at 613 Forbes Street in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilwoman Rossi                        Seconded by:  Councilwoman Capobianco

Motion:  Approve the abatement in the amount of $505.72.

VOTE	MAYOR BRIDEN	COUNCILWOMAN CAPOBIANCO	COUNCILMAN CUNHA	COUNCILMAN ROSE	COUNCILWOMAN ROSSI
Aye	√	√	√	√	√
Nay
Abstain
Absent

 

SUSAN & DEXTER PATTERSON, SR.                                                $82.00

Request for a sewer charge abatement for the property located at 1076 Bullocks Point Avenue in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilwoman Rossi                        Seconded by:  Councilman Rose

Motion:  Approve the abatement in the amount of $82.00.

VOTE	MAYOR BRIDEN	COUNCILWOMAN CAPOBIANCO	COUNCILMAN CUNHA	COUNCILMAN ROSE	COUNCILWOMAN ROSSI
Aye	√	√	√	√	√
Nay
Abstain
Absent

 

DAVID ROBSON                                                                                  $212.00

Request for a sewer charge abatement for the property located at 336 Sea View Avenue in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilwoman Rossi                        Seconded by:  Councilman Rose

Motion:  Approve the abatement in the amount of $212.00.

VOTE	MAYOR BRIDEN	COUNCILWOMAN CAPOBIANCO	COUNCILMAN CUNHA	COUNCILMAN ROSE	COUNCILWOMAN ROSSI
Aye	√	√	√	√	√
Nay
Abstain
Absent

 

ANNAMARIA TROINO                                                                       $147.61

Request for a sewer charge abatement for the property located at 23 Hedley Circle in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilwoman Rossi                        Seconded by:  Councilman Rose

Motion:  Approve the abatement in the amount of $147.61.

VOTE	MAYOR BRIDEN	COUNCILWOMAN CAPOBIANCO	COUNCILMAN CUNHA	COUNCILMAN ROSE	COUNCILWOMAN ROSSI
Aye	√	√	√	√	√
Nay
Abstain
Absent

 

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

Council agreed to move the Water Ordinances to this location on the docket. 

 

1.      ORDINANCE OF THE CITY OF EAST PROVIDENCE APPROVINGTHE FINANCING OF IMPROVEMENTS TO THE EAST PROVIDENCE WATER SYSTEMAND 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 Councilwoman Rossi, seconded by Assistant Mayor Rose 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

The Finance Advisor, Paul Luba is called to the podium. 

 

He states 2 weeks ago he reviewed the financials which were previously presented to Council by the Director of Public Works during a Workshop.  Revenue Funds are designed to generate profits or at the very least break even.  They are stand alone funds.  They can’t be bailed out by the City if there are no profits and they can’t be bailed out by the Sewer Fund.  Conversely the funds cannot be used for other areas either.  This fund began in the early 2000s and the last rate increase was in 2008.  In years, 2010, 2011 and 2012 the fund generated a loss of $1.1 million. In 2013 the loss will be an additional $500,000-$700,000. Aside from the improvement process, the rate increase must happen to break even. The numbers are done by rate and the consultant’s numbers make sense. The system improvement project associated with the bond issuance has a $1.5 million debt yearly. A $76 meter charge adds up to $1.5 million.

 

Mayor Briden requests at the next Council meeting, when this item is on for second passage, if the Director of Public Works, Steve Coutu can be present to present for the public, the presentation which the Council viewed in the Workshop.

 

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

 

 

 

2.      An ordinance regarding water rates.

 

A motion to dispense with the reading of the ordinance is made by Councilwoman Rossi, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.

 

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

Jim Marvel of the Water Department.

 

The rates are starting at $2.85 per hundred cubic foot and are proposed to go up and include a meter charge $3.32 with a $76 annual meter charge which works out to $38 in 2014 and in 2015 $3.32 with a $76 meter charge. The meter charge makes the bond debt payment and the rate increase funds the deficit and the annual maintenance. 

 

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

 

 

                       

                        C.   Council Members

1.         "Draft of Corporate Sponsorship Program" (by Mayor Briden)

The Corporate Sponsorship information will go back to the School Committee as it is really their program.  The Mayor notes he has had discussions with Councilwoman Rossi who is going to be looking at this.

Councilwoman Rossi states she is happy to help in any way she can to make this work. This item has been referred back to the Superintendent and the School Committee to be modified over time to allow corporate sponsorship of various items of equipment and technology.

 

2.                  Tax Year Alignment (by Mayor Briden)

Mayor Briden asks Mr. Luba if this item can wait until the next docket to be discussed. 

Mr. Luba indicates it can and Mayor Briden requests a presentation for the next docket. 

Mr. Luba recommends a workshop to discuss further as there are a lot of moving parts and it is a bit complex. 

 

3.                  City Solicitor’s opinion on legal requirements for making appointments to Housing Authority Board. (by Mayor Briden)

Mayor Briden asks the Solicitor to provide his opinion.

Solicitor Chapman reads the legal opinion.

By virtue of the fact that the Mayor provided the name and it was a docketed appointment which does not require Council approval, it is an official appointment which the City Clerk can record and provide a certificate of appointment. 

 

4.                  Local Business Fair and Spotlighting Local Businesses (by Assistant Mayor Rose)

Assistant Mayor Rose stated that he is trying to drum up support for local businesses where business leaders and City staff can meet and is working on a plan for a Business Fair in June. 

 

5.         East Providence Police Department and East Providence Public Works (by Assistant Mayor Rose)

Assistant Mayor Rose stated that 8 months ago funds were granted to the EPPD cadet’s program and they have not yet been deposited. He would like to know why as this was a budgeted program.  He also would like to know about the CDBG funds for the Social Worker and the generators and the van.

Chief Tavares came to the podium. He stated that Sgt Pacheco, who is in charge of the cadets program declined the use of the monies and asked to hold the monies for the next group. Regarding Family Services, the generators will be part of next draw down.  Major Parella will work on including other traffic equipment such as the thermal imaging system for patrol and a wish list for detectives including furniture, general sprucing up and other renovations and facility improvements.  For example, in the ladies locker room, there are more females now than many years ago and this needs to be adjusted and upgraded. 

Assistant Mayor Rose stated that $5,000 had been voted on as part of the budget for the cadets, and then there were the CDBG funds for vans and generators for family services for the last budget.  He also asked about the Police Boat grant.

Chief Tavares stated this grant was a competitive grant which the City received.   However, this came with a performance period, not just for East Providence, it was a multi regional effort project.  East Providence was awarded the grant but had to buy in to a partnership with other communities.  He stated that he has met with the police chiefs of those communities.  There are other resources which can be used but this boat and project is another layer of protection. The performance issues are beyond the police department’s control, other changes in the city management, purchasing, finance directors all caused a delay, so that performance time dwindled down. In the fall of 2013, an RFP was completed with only 9 months left on the grant.  This was not enough time, so East Providence asked for an extension so far they have not gotten the green light.  East Providence does have a dive team and equipment and all are trained. 

 

Assistant Mayor Rose states that his item for Public Works regarding the hot box be deferred until the next meeting when the Director of Public Works, Steve Coutu can be present. 

 

Council grants a 15 minute extension to the meeting curfew.   

 

6.                  Charter Commission (by Assistant Mayor Rose)

Assistant Mayor Rose stated that a Charter Commission should be reviewed and perhaps put in place.  He would like the Council to look further into this. 

 

7.                  Requesting for a Traffic Study to change Summit Street to a One Way (by Councilman Cunha)

This item was deferred to the next meeting.

8.         Additional request to City Manager regarding answers to questions from 3/4/14 docket item “Questions Regarding Ray Blinn’s Public Comments” (by Councilman Cunha)

Councilman Cunha stated that he had previously given the option to the City Manager to explain the situation. 

 

The City Manager stated there is no outcome at this point.  He was engaged as Acting City Manager to straighten matters out there are a myriad of problems to address including the EPPD.  There is a litigation matter in the EPPD and he added he does not intend to discuss that. He meets with the Chief, the Deputy Chief and the Captains on a daily basis. This is one of the things they are trying to put the brakes on and get control of.  He has been here for 4 months.

 

Councilman Cunha stated that it seems like this problem has been accelerating.

 

The City Manager stated that he doesn't think it is. He offered to the Councilman to come in and meet with him that the matter couldn’t be discussed because of the litigation.

 

Councilwoman Rossi stated that she begged to differ with the City Manager that it is not getting quieter but getting louder.

 

The City Manager stated it’s not worse its better.

Mayor Briden stated the City Manager is an attorney and is putting the interest of City ahead of anything else. In that position you manage risk. It’s much more complex. This is why if an item is in litigation it is discussed it in executive session, so as an attorney I understand he is being careful.

 

Councilwoman Rossi asked if there was a litigation matter pending.

 

The City Manager replied there is a complaint filed with HR.  It has to take a course, the course is one in which he is working on.  He is trying to calm a situation down.

 

Councilman Cunha asked is there is a lawsuit.

 

The City Manager replied to his understanding there is a complaint filed with the RI Human Relations Commission. Adding that he was here once before and it cost the City $600,000 and he intends to be very cautious.

 

Assistant Mayor Rose said there are answers to their questions.

 

The City Manager stated he has met with Mr. Feeney and they discussed the situation.  He gave him answers, if not these are not satisfactory he doesn’t have any better ones.  There was a history in the EPPD when he arrived. 

 

Councilwoman Rossi asked if he did not see a problem.

 

The City Manager replied he is trying to correct the problem in his own way. The department is not functioning fully and to the best of its ability.

 

Solicitor Chapman cautioned the City Manager not to discuss any specific person.

 

Councilwoman Rossi asked what he was doing to fix the problem. 

 

Mayor Briden replied by answering that question he exposes the City to risk and an area not appropriate for public discussion, he would caution the Council to follow the Solicitor’s recommendation.

 

Councilwoman Rossi asked where the Council can get the answers from.

 

Councilman Cunha stated that the Council receives the phone calls.

 

The Solicitor stated the HR complaint is being handled by the Trust. 

 

Councilwoman Capobianco asked if they can discuss the item in executive session.

 

Solicitor Chapman replied it is a question of what the Council would be discussing, they can discuss the complaint.

 

Mayor Briden added the Council will have to fall within the precise letter of the law as to why they are going into executive session and to leave it with the Solicitor to discuss it further but with these caveats in mind.

 

8.      City Manager Search (by Councilwoman Rossi)

Councilwoman Rossi stated that it is spring and the Council agreed to begin the search for a permanent City Manager in the spring.  

 

A motion to begin the City Manager Search is made by Councilwoman Rossi, seconded by Councilman Cunha

and under discussion Mayor Briden asks this be deferred to the next Council meeting due to the timing of the previous docket item and this item and in lieu of what was being discussed,

on a roll call vote the motion passes 3-2 with Mayor Briden and Councilwoman Capobianco voting Nay. 

 

D.    Report of School Committee Liaison

E.  Introduction to Ordinances

                     1. An ordinance increasing the salary of members of the City Council.

AN ORDINANCE INCREASING THE ANNUAL SALARY  OF THE CITY COUNCIL PURSUANT TO SECTION 2-3 OF ARTICLE II OF THE CITY CHARTER

SECTION I.  The annual salary of each City Council member shall be increased to $6,000.00.  The annual salary of the Mayor shall be increased to $7,000.00.

SECTION II.  This ordinance shall take effect on the inauguration of the next elected City Council and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.

Requested by:  Assistant Mayor Rose

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

 

2.         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

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

 

3.      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

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

 

4.         An ordinance regarding parking on South Broadway (west side) from a point 445 feet South 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.

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

 

                        F.         Communications

 

1.      Norma L. Brown-Annis, 153 Hoppin Avenue, requesting to address the Council regarding, City car taxes and the status of abandoned properties in Riverside. 

 

Ms. Brown-Annis stated that her first issue was regarding the auto taxes but Finance Director Moore met with her and pointed her in a good direction and she will follow it.

She feels the Riverside Square is in an upsetting state to see all the abandoned properties. Who is in charge of the abandoned property?

Councilwoman Capobianco stated that the property she is referring to is not abandoned it is for sale.  The City is not the owner it is a private person who has it up for sale.  However, there is a Riverside Committee which she can get involved with.  They hold bi-monthly meetings to help revitalize the area. 

Ms. Brown-Annis also asked the City Engineer about the process for a corporation to bid on various projects. 

Eric Skadberg, City Engineer explained the qualifications which have to be met.

 

 

2.      Thomas C. Riley, 3620 Pawtucket Avenue (02915) requesting to address the Council regarding an update on Vibeco Asphalt Compactor free use for cities program.

 

Mr. Riley spoke on the Vibeco machine he saw displayed on TV and that he had spoken with a couple people of people in the City who didn’t seem to know about it

The City Manager explained that he did see the equipment nad it is very good at improving the quality and quantity of filling potholes.  While they are not willing to enter into a long term contract with the vendor the City did purchase two of the machines and may purchase more. 

 

Councilwoman Rossi made two announcements:  The High School Townies Hockey Team has advanced to the State Championship and the Bachelor Auction is being held on Saturday night at the American Legion and all monies to go to the High School Band for new band equipment.  There will be 12 eligible bachelors.

 

 

XIII.       ADJOURNMENT

 

A motion to Adjourn at 10:51PM is made by Councilwoman Rossi, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous. 

Approved By Council:  April 15, 2014

Attest:  _______________

                 City Clerk