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.      Diane Feather

2.      Julieta Silva

B.     Disposition of City Owned Property

1.      260 Dover Avenue

Map 408, Block 2, Parcel 2

2.      33 Hoppin Avenue, Map 411, Block 17, Parcel 1

80 Burnside Avenue, Map 411, Block 17, Parcel 5

C.    Police Negotiations Update

II.                CALL TO ORDER

III.             SALUTE TO THE FLAG

IV.             TO APPROVE THE CONSENT CALENDAR

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

A.  Council Journals

1.  Regular Council Meeting October 7, 2014

2.  Executive Session September 16, 2014

V.                PUBLIC COMMENT

All persons wishing to make public comment shall sign a public comment sheet stating their name, address, and the subject of their comments.  Said comments should pertain to topics listed on the public Council docket.  Said public comment sheet shall be available on a desk at the entrance of the City Hall Chambers no later than forty-five (45) minutes before the call to order of any regularly scheduled council meeting and shall be delivered to the presiding officer no earlier than five (5) minutes before the call to order of the meeting.

A.    Sean Esten – Parking on Rhodes Avenue

VI.             PROCLAMATIONS AND PRESENTATIONS

A.    Melissa Resendes from Melissa Marie Hair Designs, 912 Broadway (by Assistant Mayor Rose)

VII.          APPOINTMENTS

A.    Traffic Control (by Mayor Briden)

Samantha Garelli, 20 Shaw Street (02916)

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

VIII.       PUBLIC HEARING - ORDINANCES FINAL PASSAGE

A.    An ordinance regarding a stop sign on Peary Street (eastbound traffic) at Borden Street and Willow Street (northbound and southbound traffic) at Shore Road.

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 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “VEHICLES AND TRAFFIC”

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

Peary Street (eastbound traffic) at Borden Street

Willow Street (northbound and southbound traffic) at Shore Road

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

Requested by:  Councilwoman Capobianco

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

B.     An ordinance regarding no parking on Rhodes Avenue (east side), from Burnside Avenue north to dead end. 

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 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:

Rhodes Avenue (east side), from Burnside Avenue north to the dead end

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:  Councilwoman Rossi

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

C.    ORDINANCE OF THE COUNCIL OF THE CITY OF EAST PROVIDENCE ORDERING THE ASSESSMENT AND COLLECTION OF PROPERTY TAX ON THE RATABLE REAL ESTATE, TANGIBLE PERSONAL PROPERTY, AND AN EXCISE TAX ON REGISTERED MOTER VEHICLES AND TRAILERS

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. 

SECTION I. That the Council of the City of the City of East Providence hereby orders the assessment and collection of a tax on ratable real estate, tangible personal property and an excise tax on registered motor vehicles and trailers in a sum not more than One Hundred Seven Million One Hundred Ninety Three Thousand Six Hundred and Fifty Six ($107,193,656) dollars nor less than One Hundred Three Million Seventy Thousand Eight Hundred and Twenty Three ($103,070,823) dollars. Said tax is for ordinary expenses, for the payment of interest and indebtedness, in whole or in part, of said city, and for other purposes authorized by law.

The Tax Assessor shall assess and apportion said tax on the inhabitants and ratable property of said city as of the 31st day of December, 2014 at twelve o'clock Eastern Standard Time, according to law, and shall on completion of said assessment, date and sign same and shall make out and certify to the City Treasurer of the City of East Providence, who is charged with the duties for the collection of taxes, on or before the 15th day of June, 2015 a complete list of the names of the persons taxed and of the total value of all the real estate and personal property assessed against each person, and also the amount of registered motor vehicles and trailers assessed against each person, and also the total amount assessed against each person on said real estate, personal estate and registered motor vehicles and trailers, opposite the name of the person or persons assessed. Upon receipt of the certified tax list by the City Treasurer, he shall proceed and collect said tax on the persons and estates liable thereof; said tax shall be due and payable on and between the 1st day of June 2015 and the 1st day of July, 2015 and provided further that if said tangible personal property, motor vehicle, and real estate taxes are paid in full on or before the 1st day of July, 2015, a discount of one and one half per centum (1.5%) of the total taxes on said tangible personal property, motor vehicles, and real estate shall be granted, and all taxes remaining unpaid on the 1st day of July, 2015 shall carry until collected a penalty at the rate of twelve per centum (12%) per annum from the 1st day of June, 2015 upon said unpaid tax, however, said taxes may be paid in four installments; the first installment of twenty-five per centum (25%) on or before the 1^st day of July, 2015, the second installment of twenty-five per centum (25%) on or before the 1st day of September, 2015, the third installment of twenty-five per centum (25%) on or before the 1st day of December, 2015 and the fourth installment of twenty-five per centum (25%) on or before the 1st day of March, 2016. 

Each installment of taxes if paid on or before the last day of each installment period successively in order shall be free from any charge of interest.

If any succeeding installment of taxes is not paid by the last date of the respective unpaid balance period or periods as they occur, then the whole tax or remaining unpaid balance of the taxes as the case may be shall immediately become due and payable and carry until collected a penalty at the rate of twelve per centum, (12%) per annum.

SECTION ll. That any of said taxes not paid on or before the 1st day of March, 2016 shall forthwith be collected by levy upon the sale of real estate upon which it is assessed and by that or other due process of law in case of assessment upon personal property.

SECTION III. 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 Finance

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. 

D.    AN ORDINANCE AUTHORIZING THE DIRECTOR OF FINANCE TO BORROW FUNDS IN ANTICIPATION OF TAXES

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. 

SECTION I. The Director of Finance is authorized to borrow during the fiscal year ending October 31, 2015 such sums of money in anticipation of the property taxes of the year as may be permitted by law for the purpose of meeting the current liabilities and expenses of the City and that the Director of Finance is authorized to issue the note or notes of the City therefore and to refund such note or notes and any tax anticipation notes of a prior year to the extent permitted by law.

SECTION II. 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 Finance

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. 

E.     AN ORDINANCE AUTHORIZING THE DIRECTOR OF FINANCE TO BORROW FUNDS IN ANTICIPATION OF REVENUE

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. 

SECTION I. The Director of Finance is authorized to borrow during the fiscal year ending October 31, 2015 such sums of money in anticipation of the sewer use fee revenue of the year as may be permitted by law for the purpose of meeting the current liabilities and expenses of the City and that the Director of Finance is authorized to issue the note or notes of the City therefore and to refund such note or notes and any revenue anticipation notes of a prior year to the extent permitted by law.

SECTION II. 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 Finance

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

IX.             NEW BUSINESS

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

The City Manager had no report.

B.     Reports of Other City Officials

1.      Claims Committee Report (by City 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, OCTOBER 21, 2014; 7:00 P.M.; ROOM 101

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                                                                 NEW CLAIMS

DIANE FEATHER                                                                                                                 $31.75

RM No. 14-075, Claim No. 14-053

Claim for reimbursement of expenses incurred when the claimant tripped over the remnant of a sign post in the City Hall parking lot.  See recommendation of the Director of Public Works.

Motion by:  Councilman Rose                                                Seconded by:  Councilwoman Capobianco

Motion:  Approve the claim in the amount of $31.75.

JULIETA SILVA                                                                                                                  $463.00

RM No. 14-074, Claim No. 14-052

Claim for reimbursement of expenses incurred as a result of a sewer backup.  See recommendation of the Director of Public Works.

Motion by:  Councilman Rose                                                Seconded by:  Councilman Cunha

Motion:  Approve the claim in the amount of $463.00.

It was noted by the City Solicitor that the City Council would move into Executive Session at the end of the meeting and return to report out before adjourning the meeting. 

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

C.    Council Members

1.      Budget Process (by Assistant Mayor Rose)

Assistant Mayor Rose thanked all Department Heads for their work on the budget as well as the City Manager, Paul Luba and Malcolm Moore. Adding, the Administration and Council voted a 0% tax increase and $5,000 tax exemption relief to businesses. This has put our City in right direction and in the future he would like to see the Council select two members to stay on top of the next budget acting as a Budget Liaison. 

2.      Community Announcements (by Councilwoman Capobianco)

3.      State Street Flooding (by Councilman Cunha)

Councilman Cunha stated that while he has been walking this area and meeting constituents they seem to reflect a main concern regarding flooding over the last 10 years or so. These residents are asking what the City is doing to prevent this from happening again.  He would like to ask Public Works and whoever else is in charge including RIDEM what the City is doing and what is the next goal.  The City needs to start something and go back to residents and let them know.  He would like to maybe have a town meeting.  Some residents are still rebuilding lower level homes damaged by these floods.

The City Manager calls Planning Director Jeanne Boyle to the podium. Director Boyle states the City has a $600,000 CDBG Grant and are in the process of drawing down these funds. This can be difficult as the grant comes via HUD via the State.  They currently have the first $100,000 to clear the invasive species out of the stream and a contract is underway.  They have hired a firm and they have been doing work and trying to get the permitting work done with DEM and HUD as well as working in concert with the City’s Public Works Department using City crews whenever possible to complete the work which should be done in early spring.  The $500,000 is to install bypass pipes and a culvert at Warren Avenue. They are requesting qualifications with the advice of the Purchasing Department and have received permission for a design and build contract to expedite the process.  Hopefully this will come before Council in a few weeks and then they will award the contract in the start of spring 2014. 

Councilman Cunha asked why they don’t do the work in the winter when there is less foliage.

Director Boyle stated they need permits in place from both RI and MA.

Councilman Cunha asked when the City received the $600,000.

Director Boyle stated it was a couple of years ago but CDBG requires low and moderate income and is State monitored by HUD and the City needed to verify that by going door to door with surveys in order to receive the 90 percent return required.  This took several months and at one point they had to use police to help complete the survey.

Councilman Cunha asked if the City can provide a letter to neighbors so they know what is going on.

Assistant Mayor Rose stated that he shares Councilman Cunha’s frustrations this is something which was started in 2009. It is a small project and there is very little progress and he knows the frustration and has met with the people too but City needs to keep them informed we have to be able to give them something of substance so they know something is happening because they are very frustrated.

4.      Sidewalks for Handicap Access (by Councilman Cunha)

Councilman Cunha stated he had received a letter in the mail from a constituent who happens to be disabled and is here today, Mr. Silva.  He added that sometimes we don't realize the obstacles because we are not in their situation and what he found in this letter was photos of roads and curbs which are clearly not accessible.  Those with disabilities are having issues going over these curbs and he would like to really get a game plan on how the City can make these sidewalks more accessible.

5.      Carousel Maintenance and Management (by Councilwoman Rossi)

Councilwoman Rossi stated when the Council passed the budget they set aside money to take care of the Carousel. It is not within the purview of the Council to direct employees and therefore she is asking the City Manager over the next couple of weeks to get together with the Carousel maintenance individual and see what he needs and make a list and start the work.

The City Manager stated that he already has done this. The individual has been in his office and they talked about the concerns. They both have concerns if a major breakdown occurs and he has a plan once the Carousel is shut down for the season to have Oliver Barrett the Millwright make a process to repair.

6.      Announcements (by Councilwoman Rossi)

Councilwoman Rossi reported that the 24th from 6pm-8pm the East Providence Recreation Department is hosting “Something Spooky”.  Additionally, he Carousel was decorated last weekend for a fundraiser and Halloween Party and all welcome to take their final rides of the season.  The event takes place on Saturday at 3pm with a host of activities and family stuff then at 6:45pm there will be a Zombie March from the Carousel to the Square and immediately following this there will be a Halloween Party at the American Legion for all ages and it is the “East Providence Arts Council Costume Ball for Children”.  Sunday the winners of the Second Annual Townie Pumpkin Contest were Mike Marshall for the “Monster on Mayflower Street weighing 300 pounds and Mr. Nate Foresite and daughter Jaimie took an Honorable Mention. Logan Fornier is a Champion for growing what the squirrels voted as the “Number 1 Tasty Pumpkin”.

D.    Report of School Committee Liaison

School Committee Member Tony Ferreira stated on behalf of the entire School Committee he would like to thank each member of the Council for the fulfillment of their budget request. They are hiring new help and moving a few into new positions.  As an update to the schools, he stated they have added 10,000 new light bulbs with LED lights. This was a free program from the State. The School Department has sent out bids to start the exterior door project.  These will start to be replaced in 30-40 days. The total doors replaced will be 90-98 and it will affect every school in the City.

E.     Resolutions

1.      RESOLUTION SUPPORTING ALLOCATION OF

POTENTIAL SURPLUS FOR 2015-2016 BUDGET

WHEREAS, on October 14, 2014 the City Council for the City of East Providence adopted a budget appropriating $171,956,400 for the fiscal year 2014-2015; and

WHEREAS, it is intended that this appropriation will result in a zero percent (0%) increase in the tax levy from fiscal year 2014-2015; and

WHEREAS, it is also intended that this appropriation will include a $2,500 credit against the value of assets used to calculate the tangible personal property tax; and

WHEREAS, the net result of the tax levy, tangible personal property tax credit and the additional cuts to budget appropriation line items by the Council is expected to generate a 2014-2015 fiscal year surplus of approximately $84,350; and

WHEREAS, it is the intent of the City Council to assist in limiting the amount of any increase to the tax levy for the subsequent 2015-2016 fiscal year so that the taxpayers of East Providence can additionally benefit from the prudent fiscal management of the Council and City Management.

NOW, THEREFORE, BE IT RESOLVED, that the City Manager and Finance Director apply the entire $84,350 anticipated 2014-2015 surplus, if achieved, against any 2015-2016 tax levy increase that is necessary to meet that year’s budget appropriation, thereby lowering the rate of the levy increase; and to not use the aforementioned surplus to fund other budget line items, such as capital, or to carry it over to the next 2016-2017 fiscal year as an additional surplus.

Requested by:  Assistant Mayor Rose

A motion is made to pass the resolution with the following amendments, the third paragraph the appropriation should read $5000 not $2,500 and the words tax credit should read tax exemption, fourth paragraph tax credit should read tax exemption by Assistant Mayor Rose, seconded by Councilwoman Rossi and on a roll call vote it is unanimous. 

A motion to return to Executive Session pursuit to RI General Law 42-46-5(a)(2) is made by Assistant Mayor Rose, seconded by Councilman Cunha and on a roll call vote it is unanimous. 

X.                ADJOURNMENT

A motion to adjourn the meeting at 9:45PM is made by Assistant Mayor Rose, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous.

Approved By Council:  November 18, 2014

Attest:  _______________

                City Clerk