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.    New Claims

1.      Progressive Insurance Co. (Ins: Kevin Medeiros)

B.     Claims for Reconsideration

1.      Kylie Fauth & Thomas Mock

C.     Sewer Charge Abatements

1.      Double Five LLC

2.      Theresa Fagan

3.      Paul Ferioli

4.      Jeremy Mallo

5.      Vanda Morin

6.      Rafael Sanchez

II.                CALL TO ORDER

Mayor Rose calls the meeting to order at 7:37PM.

III.             SALUTE TO THE FLAG

IV.             TO APPROVE THE CONSENT CALENDAR

A.    Letters

V.                PROCLAMATIONS AND PRESENTATIONS

A.    Ed Serowick, Sr – Crescent Park Historian and Longtime Caretaker of the Charles ID Looff Crescent Park Carousel  (by Councilman Conley)

This item was deferred.

Councilwoman Capobianco makes an announcement regarding the Orlo Avenue School Sock Drive.  

VI.             PUBLIC COMMENT

1.      Mayor Rose speaks under public comment regarding the resolution for Kent Heights Park and an explanation on where his family grew up explaining and discussing the other parks and playgrounds as it relates to the Rose Memorial Park.

2.      Candy Seel – Kent Heights

3.      Kevin Robinson – Kent Heights

4.      Patrick McKenna – Kent Heights, Water Tower

5.      Scott Scienzo – Kent Heights

VII.          APPOINTMENTS

A.    Personnel Hearing Board (by Assistant Mayor Cunha)

Domenic Pontarelli, 44 Hillside Drive (02916)

A motion to approve the Appointment is made by Assistant Mayor Cunha, seconded by Councilman Britto and on a roll call vote it is unanimous. 

B.     Carousel Park Commission – Alternate (by Mayor Rose)

Karen Rebello, 54 Woodland Avenue (02914)

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

C.     Carousel Park Commission (by Councilwoman Capobianco)

Jessica Beauchaine, 55 Winslow Street (02915)

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

D.    Traffic Control (by Councilman Britto)

Glen Cabral, 122 Metacomet Avnue (02016)

A motion to approve the Appointment is made by Assistant Mayor Cunha, seconded by Councilman Britto and on a roll call vote it is unanimous. 

E.     Traffic Control (by Councilman Britto)

Elaine Gonsalves, 71 Centre Street (02916)

A motion to approve the Appointment is made by Assistant Mayor Cunha, seconded by Councilman Britto and on a roll call vote it is unanimous. 

VIII.       LICENSES NOT REQUIRING PUBLIC HEARING

IX.             PUBLIC HEARING

A.    Request for Reinstatement of Entertainment License 

DL Enterprises DBA Field House Pub formerly DBA East Bay Tavern, 305 Lyon Avenue (02914), Denise Laidlaw, 150 Bloodgood Street, Pawtucket 

Steve Taigue, 74 Ide Avenue (02914) is present as the Manager to speak for the License Holder Denise Laidlaw who has a conflict and cannot attend. 

Chief Parella is called to the podium.

Councilman Britto speaks about issuing the license and making it subject to an annual 2 month review by having them come before the Council for a check-in as a condition of the approval.

Chief Parella states that since the previous meeting when the license was suspended there have been no new calls.  Prior to that date they had incidents which were well documented, although there hasn't been an entertainment license in place.  He adds that the EPPD have been doing compliance checks and according to the front line officers there have been no issues.

A motion to approve the License for reinstatement subject to the dismissal of the court case and subject to an annual 2 month review is made by Assistant Mayor Cunha, seconded by Councilwoman Capobianco and on a roll call vote it is unanimous. 

X.                NEW BUSINESS

A.    City Managers Report  (by Acting City Manager Timothy Chapman)

1.      License Agreement Regarding State Property Located at Burgess and Warren Avenues

The City Manager states this is an agreement which he is requesting to have approved with the State of Rhode Island and the City of East Providence which allows the City for $3,000 per year to lease a 7000 square foot parcel to accommodate the Odd Fellows Hall or any other use needed in the area. They would have to maintain it and put a fence up and pave it but if the Odd Fellows is sold then maybe the City can get the rent back during the sale.  The State is willing to do this and he asks for Council approval.

Councilman Britto asks if the lease would be for months or years.

The City Manager states that at the end of the 3rd years the lease can be renewed or ended.  They will have the right to increase or decrease along the way.

Councilman Britto asks if there is a stipulation in the first 3 years stating the price will stay the same.

The City Manager replied at the end of the 3rd year we can continue but if at that point it is increased the City would bring it back before the Council to make that decision on whether or not to renegotiate.

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

2.      Kent Heights Water Tower Rehab

The City Manager states that a few people have gotten up and spoken about the cost of paint but this is a situation where the tower is in need of repairs, reconstruction and paint.  It is rusty outside and he feels for the neighbors as this project has been going on for almost 2 years.  The tower is 20 years old and is a worn down structure.  What this would require is an engineering consultant.  It still has to go to bid but the City needs to get the bond and get it secured first. The plan is to start in the spring and to complete the job by the summer. The tank needs to be emptied of water for work on the interior to be done and the exterior will be painted using numerous coats.  Before that can happen, it will need a full sandblast and this process needs to be contained so that it doesn’t spread all over the neighborhood.  Also, the internal water mix lining system needs to be installed on the inside to improve the water quality.  If it is not repaired it could be compromised. The City Manager calls Director Coutu to the podium.

Director Coutu states that if the City allows the deterioration to continue there will be structural damage.  It was erected in 1997 and 20 years is the expectancy.  The containment system and the close proximity to neighboring homes as well as the winds which can be wicked at that height are all factors.  The sandblasting and applying of paint needs to be done in a contained setting.  Inside the tank the mixer will be installed.  Estimates from other places are just under $2 million.  This was bumped up a little in the request for funds as it is an up to the amount needed and in order to secure the finance before going out to bid this has to happen.  The City needs to go out to be in the winter because that is when companies are looking for work.  The work is temperature dependent and the City wants it completed before the water demand is high in the summer.

Councilman Conley asks if this tank would be good for another 20 years. 

Director Coutu replied it would be.   

Councilman Conley asks if the Director expected this to come in on target or could the cost be higher. 

The Director replied he did not expect it to be higher they will include the cost for issuance of the debt service and reserve the amount for the engineering inspection and observation.

Councilwoman Capobianco asks if this dollar amount encompasses everything.

Director Coutu responds that they still need to get the bids but that is correct it includes everything. Then they will have the issue of a logo.  

Councilwoman Capobianco asks the City Manager about the logo. 

The City Manager replies jovially that they have a little disagreement on what they want sky blue with a City seal on it or white with the EP red letters.

Councilman Britto states with all due respect to the residents with that amount of money they would vote on which is in excess of $2.5 million as a worst case scenario, it’s a lot of money and the roads are in bad shape and for people to get more bang for their buck he feels the money should be invested in the roads.

Director Coutu responds that for a water system project they provide the best rates.

The City Manager adds this is correct and is why this bank was set up for cities and towns to get the best rate for these types of things.

Assistant Mayor Cunha states it’s better to get banks to bid.

The City Manager replies this is something they can discuss with the Finance Director and Fiscal Advisor.

Councilwoman Capobianco asks if at the next Council would they be deciding which bid.

Director Coutu states yes this is the first step in the process.  The cities and towns pool these bonds together so there isn't just one request and this is how they get a good rate.   

The Council did not take a vote on this item but moved the Ordinance on this topic to this location. 

2.   ORDINANCE OF THE CITY OF EAST PROVIDENCE APPROVING THE FINANCING OF IMPROVEMENTS TO THE EAST PROVIDENCE WATER SYSTEM, INCLUDING, BUT NOT LIMITED TO THE REHABILITATION AND PAINTING OF THE ONE MILLION GALLON WATER TOWER LOCATED AT KENT HEIGHTS AND ALL ATTENDANT EXPENSES AND APPROVING THE ISSUANCE OF WATER REVENUE BONDS AND NOTES THEREFOR IN AN AMOUNT NOT TO EXCEED $2,500,000

A motion to dispense with the reading of the Ordinance is made by Councilman Conley, seconded by Councilwoman Capobianco 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, including but not limited to the rehabilitation and painting of the one million gallon water tower located at Kent Heights and all attendant expenses in connection therewith, hereinafter referred to as the "Project";

WHEREAS, the City desires to issue an amount not to exceed Two Million Five Hundred Thousand Dollars ($2,500,000) 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 $2,500,000;

WHEREAS, the period of usefulness of the Project is expected to be twenty (20) 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.

SECTION 1.  The sum of Two Million Five Hundred Thousand Dollars ($2,500,000) 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 Two Million Five Hundred Thousand Dollars ($2,500,000) from the Rhode Island Infrastructure Bank ("RIIB"), 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 Two Million Five Hundred Thousand Dollars ($2,500,000) 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:  Mayor Rose & Councilwoman Capobianco

A motion to approve the Ordinance is made by Councilwoman Capobianco, seconded by Councilman Conley and on a roll call vote the motion passes 3-2 with Assistant Mayor Cunha and Councilman Britto voting Nay. 

B.     Reports of Other City Officials

1.   Claims Committee Report (by Assistant City Solicitor Greg Dias)

Pursuant to R.I.G.L. § 42-46-5(a)(2), a motion is made by Councilwoman Capobianco and seconded by Councilman Cunha to convene in closed session for the purposes of discussing claims & litigation.  Upon a roll call vote:  Mayor Rose – Aye, Councilman Britto – Aye, Councilwoman Capobianco – Aye, Councilman Conley – Aye, Councilman Cunha - Aye, the motion is approved 5-0. 

                                    EAST PROVIDENCE CLAIMS COMMITTEE

                                              CLAIMS & LITIGATION REPORT

                            TUESDAY, NOVEMBER 1, 2016; 7:00 P.M.; ROOM 101

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

                                                                 NEW CLAIMS

PROGRESSIVE INSURANCE CO.                                                                                $2,776.01

(INS: KEVIN MEDEIROS)

Book 34                                                                                                                      Page 414

RM No. 16-086, Claim No. 16-049

Claim for property damage sustained when a police vehicle backed into insured’s vehicle.

Motion by:  Councilman Conley                                 Seconded by:  Councilman Britto

Motion:  Approve the claim in the amount of $2,776.01.

CLAIMS FOR RECONSIDERATION

KYLIE FAUTH & THOMAS MOCK                                                                              $6,415.00

RM No. 16-051, Claim No. 16-022

Claim for property damage sustained and expenses incurred as a result of a sewer backup.  The Claims Committee voted at its meeting held on May 17, 2016 to refer the claim to the insurance carrier who subsequently denied the claim.  Claimant is asking for reconsideration of the claim.

Motion by:  Councilman Britto                                   Seconded by:  Councilman Cunha

Motion:  Refer the claim back to the insurance carrier for further review.

SEWER CHARGE ABATEMENTS

DOUBLE FIVE LLC                                                                                                        $3,740.31

Request for a sewer charge abatement for the property located at 0 Campbell Avenue in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilman Cunha                                  Seconded by:  Councilman Britto

Motion:  Approve the sewer charge abatement in the amount of $3,740.31.

THERESA FAGAN                                                                                                              $193.32

Request for a sewer charge abatement for the property located at 76 Pavilion Avenue in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilman Britto                                   Seconded by:  Councilwoman Capobianco

Motion:  Approve the sewer charge abatement in the amount of $193.32.

PAUL FERIOLI                                                                                                                   $230.91

Request for a sewer charge abatement for the property located at 224-226 Juniper Street in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilman Conley                                 Seconded by:  Councilman Britto

Motion:  Approve the sewer charge abatement in the amount of $230.91.

JEREMY MALLO                                                                                                                $274.73

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

Motion by:  Councilwoman Capobianco                    Seconded by:  Councilman Cunha

Motion:  Approve the sewer charge abatement in the amount of $274.73.

VANDA MORIN                                                                                                                 $171.30

Request for a sewer charge abatement for the property located at 71-73 Mary Avenue in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilman Britto                                   Seconded by:  Councilwoman Capobianco

                                                                                                            Councilman Cunha

Motion:  Approve the sewer charge abatement in the amount of $171.30.

RAFAEL SANCHEZ                                                                                                           $496.99

Request for a sewer charge abatement for the property located at 33 Reardon Avenue in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilman Cunha                                  Seconded by:  Councilwoman Capobianco

Motion:  Approve the sewer charge abatement in the amount of $496.99.

A motion to approve the Consent Calendar is made by Councilwoman Capobianco, seconded by Councilman Britto and on a roll call vote it is unanimous. 

C.    Report of School Committee Liaison

There is no report. 

D.    Resolutions

1.      RESOLUTION NAMING HENRY D. AND MARY F. ROSE MEMORIAL PARK AT KENT HEIGHTS FIELD

WHEREAS,  Henry and Mary Rose, were married on May 30, 1935 and moved to the City of East Providence and had four children, Florence, Henry, Francis and Thomas.  The Rose Family were communicants of St. Martha’s Church.  Henry and Mary loved gardening, music and shared that enjoyment with their family; and        

WHEREAS, utilizing funds Mary had saved, Henry and Mary started Rose Furniture in 1937 which today is the oldest active family owned furniture store in the State of Rhode Island.  Later, they added Rose Realty in the early 1940’s and then added Alliance Finance Corporation in 1947; and

WHEREAS, Henry and Mary dedicated their lives to the City of East Providence and it’s residents by running three businesses, and donating, volunteering and serving on various boards in the community; and

WHEREAS, Henry was a member of St. Pius X Fourth Degree Knights of Columbus Assembly, East Providence Kiwanis, East Providence Business Men’s Association, Warren Avenue Business Association, Board of Directors for the Greater Providence Trust, Co., East Providence Budget Committee, the Portuguese R. Atheneum Band of Providence and was also the oldest living member of the Holy Ghost Brotherhood of Rehoboth; and

WHEREAS, Henry and Mary helped many families immigrating to this country from Portugal, the Azores and Brazil.  They both enjoyed travelling including a trip to the Azores with the Bishop in 1983; and

WHEREAS, during the Rhode Island banking crisis, Henry, Mary and their children, through their family-owned bank, Alliance Finance Corporation, raised $1.3 million in ten short days to pay back all of its depositors with interest and were the first business of its kind in Rhode Island to reopen.  Henry and Mary felt they had an obligation to their customers as they remembered the problems of the 1933 Depression and wanted to put the money back into East Providence and into the people's hands as soon as possible; and

WHEREAS, the City Council of the City of East Providence wishes to recognize, honor, and memorialize Henry D. Rose and Mary F. Rose, for their lifelong dedication to the City of East Providence; and

NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of East Providence hereby names in their honor the

Henry D. and Mary F. Rose Memorial Park at Kent Heights

This resolution shall become effective upon its passage.

Requested By:  Mayor Rose and Councilwoman Capobianco

This item was deferred. 

2.      RESOLUTION ESTABLISHING THE CITY OF EAST PROVIDENCE VETERANS ADVISORY COMMITTEE

A motion to dispense with the reading of the ordinance is made by Councilwoman Capobianco, seconded by Councilman Britto and on a roll call vote it is unanimous. 

WHEREAS, the City Council of the City of East Providence is desirous of forming an advisory committee to assist and inform veterans of armed services of the United States; and

WHEREAS, the City of East Providence has many organizations, groups and families of veterans who are active in veterans affairs; and

WHEREAS, advisory matters would include promoting veterans rights, arranging for appropriate ceremonies honoring veterans on holidays or otherwise, helping unify veterans groups, keeping the City Council informed of problems and/or issues affecting veterans, and support the needs of veterans; and

WHEREAS, the City of East Providence is interested in assisting these individuals and groups by forming this advisory committee.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of East Providence hereby establishes the Veterans Advisory Committee to be chaired by members from veteran groups in the City to be appointed by each City Council member to advise and assist in veteran activities throughout the City of East Providence and to advise and assist the City Council in promoting events and assisting veterans.  The Committee will establish such rules, regulations and procedures as it may deem necessary to fulfill its mission and to report to the City Council the status of its activities at such times as the City Council and Committee may deem necessary and expedient.

Adopted by the City Council

Requested by:  Councilwoman Capobianco

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

E.     Introduction to Ordinances

1.   AN ORDINANCE IN AMENDMENT OF CHAPTER 11 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “PERSONNEL”

SECTION I.  Subsection (b) of Sec. 11-235 entitled “Requirements for service retirement” of Article V entitled “Firemen’s and Policemen’s Pension Fund” of Chapter 11 of the Revised Ordinances of the City of East Providence, 1998, as amended, entitled “Personnel,” is amended to read as follows:

(b)  Any member shall be subject to compulsory retirement upon attainment of age 60 62.

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

Requested by:  Mayor Rose

This item was deferred. 

XI.             ADJOURNMENT

A motion to Adjourn at 8:12PM is made by Councilwoman Capobianco, seconded by Councilman Conley and on a roll call vote it is unanimous. 

Approved By Council:  November 15, 2016

Attest:  _______________