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Date Posted:  September 30, 2016

 

CITY OF EAST PROVIDENCE

RHODE ISLAND

DOCKET OF REGULAR COUNCIL MEETING

October 4, 2016

Council Chambers, City Hall, 145 Taunton Avenue, East Providence, RI 02914

6:00 P.M. Executive Session, Conference Room A

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.      Leonardo A. Chirinian

2.      Peter R. Shank

 

B.     Litigation

1.      Michael Clayton & Joseph Tavares vs City of East Providence CA Mp 12-0516

 

C.     Sewer Charge Abatements

1.      Brewery Parkade Inc.

2.      Michelle Cafua

3.      Charles Carr (POA-Margaret Miller)

4.      Timothy Clancy

5.      Maria DaGraca

6.      James & Lillian MacIntyre

7.      Ronald Moniz

8.      Kenneth Mosher

9.      Lynne Romano

10.  Charlene Russell

11.  Linda Sears

 

D.    Discussion Related to Lease/Disposition of City Owned Property

0 Bold Point Park, Map 6, Block 1, Parcel 3

 

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.    Letters

1.   Burrillville Resolution Opposing the Siting of the Clear River Energy Center

 

B.     Alcoholic Beverage Class F-1

1.   St. Francis Xavier Church, 30 Week Club Dinner, October 22, 2016, 160 Orchard Street, Maryann Marques, 81 N Carpenter St.

2.   Sacred Heart Church, Dinner October 15, 2016, 118 Taunton Avenue, Father Peter DiTullio.

 

C.    Cancellation/Abatements

Year

Amount

2016

$143,459.53

 

 

Total

$143,459.53

 

D.    Council Journals

1.      Regular Council Meeting September 20, 2016

2.      Special Council Meeting September 21, 2016

3.      Executive Session September 6, 2016

 

Motion___By___2nd___

Britto___Capobianco___Conley___Cunha___Rose___

 

V.                COMMUNICATIONS

A.    Thomas C. Riley, 3620 Pawtucket Avenue requesting to address the Council regarding the City Charter. 

 

B.     Scott Scienzo, 58 Woodbine Street requesting to address the Council regarding the budget questions on line items.

 

VI.             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 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.

 

VII.          APPOINTMENTS

 

A.    Traffic Control (by Councilwoman Capobianco)

William Dorney, 76 Faith Street (02914)

 

Motion___By___2nd___

Britto___Capobianco___Conley___Cunha___Rose___

 

B.     Carousel Park Commission (by Mayor Rose)

Chrissy Rossi, 87 Shore Road (02915)

 

Motion___By___2nd___

Britto___Capobianco___Conley___Cunha___Rose___

 

VIII.       LICENSES REQUIRING PUBLIC HEARING

 

A.    Class C-Saloon

Churchill’s Smoke Shop & Lounge, LLC, 899 Warren Avenue (02914), Bryan LeBeau, 20 Roslyn Avenue (02914)

 

Motion___By___2nd___

Britto___Capobianco___Conley___Cunha___Rose___

 

IX.             LICENSES NOT REQUIRING PUBLIC HEARING

 

A.  Annual Renewal of Miscellaneous Licenses Authorization Granting to Renew Subject Licenses, Excluding Alcoholic Beverage Licenses, for Year Commencing December 1, 2016 Upon Application by Licensee and Approval by Chief of Police And, as Required, by Health Inspector and Other City Officials.

 

Motion___By___2nd___

Britto___Capobianco___Conley___Cunha___Rose___

 

X.                PUBLIC HEARING-ORDINANCES FINAL PASSAGE

A.    An Ordinance regarding No Park Anthony Street (west side) between utility pole #4 and utility pole #6.

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:

Anthony Street (west side) between utility pole #4 and utility pole #6

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 Cunha

 

Motion___By___2nd___

Britto___Capobianco___Conley___Cunha___Rose___

 

B.     An Ordinance regarding a One Way on Hoyt Avenue (northbound) from Bourne Avenue to Thatcher Street during the hours of 8:00 a.m. to 9:00 a.m. and 2:00 p.m. and 3:00 p.m. School Days.

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 18-247 entitled “Designation of one-way streets” of Article VIII entitled “One-Way Streets” of Chapter 18 entitled “Vehicles and Traffic” is amended by adding thereto the following:

Hoyt Avenue (northbound) from Bourne Avenue to Thatcher Street during the hours of 8:00 a.m. to 9:00 a.m. and 2:00 p.m. to 3:00 p.m. on school days.

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

Requested by:  Councilman Britto

 

Motion___By___2nd___

Britto___Capobianco___Conley___Cunha___Rose___

 

XI.             PUBLIC HEARING

 

A.    ORDINANCE OF THE COUNCIL OF THE CITY OF EAST PROVIDENCE APPROPRIATING $174,334,775 FOR THE SUPPORT OF THE CITY GOVERNMENT FOR THE FISCAL YEAR ENDING OCTOBER 31, 2017

 

SECTION I.  The general fund receipts for the fiscal year ending October 31, 2017 have been established to amount to $174,334,775 made up as follows:

 

General Fund

 

SECTION II.  To defray the expenses of the City of East Providence for the fiscal year commencing November 1, 2016 and ending October 31, 2017, the sum of  money, or so much thereof as are authorized by law indicated in the accompanying  schedule, are hereby appropriated for the objects and purposes, and in the amounts  expressed therein, provided that payments thereunder shall be subject to the provisions of the City Charter of the City of East Providence and also subject to the provisions of said City Charter relative to the manner and form of expenditures of money set forth in said Charter from the City Treasury.

 

SECTION III.  All monies appropriated are to be expended by the various departments in the manner and form approved by the Director of Finance.

 

SECTION IV.  The payment to the School Fund of the following estimated receipts, included in the appropriation of $78,452,775 for the support of the public schools for the City of East Providence fiscal year 2016-2017, shall be increased or decreased to conform to the actual amounts received from such sources during the fiscal year 2016-2017 except the appropriation of property tax.

 

School Revenue

 

SECTION V.  The purpose of this ordinance is to adopt the Budget for the fiscal year 2016-2017 which begins November 1, 2016 and ends October 31, 2017 as prepared and submitted by the City Manager, and to implement the recommendations as set forth in the City Manager's Budget Message by the approval of said recommendations as contained herein, or by other ordinances or resolutions of the Council of the City of East Providence; all in accordance with the provisions of said Article.

 

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

Requested by:  Director of Finance

 

Motion___By___2nd___

Britto___Capobianco___Conley___Cunha___Rose___

 

XII.          NEW BUSINESS

 

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

 

1.      Status of Hardship Ordinance

 

2.      Request for Purchase of Police Rescue Vehicle

 

Motion___By___2nd___

Britto___Capobianco___Conley___Cunha___Rose___

 

B.     Council Members

1.      Carousel Leases (by Mayor Rose)

2.      Onna Moniz Park at Central Avenue Grant Announcement (by Assistant Mayor Cunha)

 

C.    Reports of Other City Officials

 

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

 

Motion___By___2nd___

Britto___Capobianco___Conley___Cunha___Rose___

 

D.    Report of School Committee Liaison

E.     Resolutions

1.      ADOPTION OF WORKERS’ COMPENSATION ELIGIBILITY FOR SCHOOL DEPARTMENT EMPLOYEES

WHEREAS, currently, employees of the East Providence School Department are not considered eligible for workers’ compensation; and

WHEREAS, pursuant to Rhode Island General Laws §28-31-1, acceptance of the provisions of Chapters 29-38 of Title 28 regarding workers’ compensation by a city shall be by vote of the City Council; and

WHEREAS, in accordance with said section, the City Council hereby designates all school employees subject to Chapters 29-38 of Title 28 of the Rhode Island General Laws; and

WHEREAS, the filing of a copy of the vote as provided in said section shall render the School Department subject to the provisions of Chapters 29-38 of Title 28 in accordance with that vote for the term of one year from the date of that filing, and subsequently for successive terms of one year, unless the vote of acceptance is rescinded by the City Council and a certified copy of the rescission shall be filed with the Director within sixty (60) days prior to the expiration of the first of each succeeding year.

NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby accepts the provisions of Chapters 29-38 of Title 28 entitled “Labor and Labor Relations” of the Rhode Island General Laws thus making the School Department and its classified and non-classified employees subject to Chapters 29-38 of Title 28 of the Rhode Island General Laws.

BE IT FURTHER RESOLVED, that the City Council for the City of East Providence instructs the City Clerk to file a certified copy of this vote with the Director of Labor and Training or his/her designee, on the part of the City, thereby complying with Chapters 29-38 of Title 28 of the Rhode Island General Laws Workers Compensation requirements.

This resolution shall become effective upon passage.

 

Requested by:  Assistant Mayor Cunha

 

Motion___By___2nd___

Britto___Capobianco___Conley___Cunha___Rose___

 

F.     Introduction to Ordinances

 

1.      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

 

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 Eight Million Five Hundred Seventy-one Thousand One Hundred and Ninety-five ($108,571,195) 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, 2016 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 Tax Collector 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, 2017 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 Tax Collector, she 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 2017 and the 1st day of July, 2017 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, 2017, 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, 2017 shall carry until collected a penalty at the rate of twelve per centum (12%) per annum from the 1st day of June, 2017 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 1st day of July, 2017, the second installment of twenty-five per centum (25%) on or before the 1st day of September, 2017, the third installment of twenty-five per centum (25%) on or before the 1st day of December, 2017 and the fourth installment of twenty-five per centum (25%) on or before the 1st day of March, 2018.

 

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, 2018 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

 

Motion___By___2nd___

Britto___Capobianco___Conley___Cunha___Rose___

 

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

 

SECTION I.  The Director of Finance is authorized to borrow during the fiscal year ending October 31, 2017 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

 

Motion___By___2nd___

Britto___Capobianco___Conley___Cunha___Rose___

 

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

 

SECTION I.  The Director of Finance is authorized to borrow during the fiscal year ending October 31, 2017 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

 

Motion___By___2nd___

Britto___Capobianco___Conley___Cunha___Rose___

 

XIII.       ADJOURNMENT

Motion___By___2nd___

Britto___Capobianco___Conley___Cunha___Rose___

 

*If communications assistance is needed or any other accommodations to ensure equal participation please contact the City Clerk’s at 435-7590.

 

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