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CITY OF EAST PROVIDENCE

RHODE ISLAND

JOURNAL 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

 

*** Note Councilwoman Capobianco is absent.

 

 

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

Mayor Rose calls the meeting to order at 7:43PM

 

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

 

A motion to approve the Consent Calendar is made by Assistant Mayor Cunha, seconded by Councilman Britto and on a roll call vote it is unanimous 4-0 with Councilwoman Capobianco Absent. 

 

V.                COMMUNICATIONS

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

 

Mr. Riley spoke regarding the City Manager’s hearing and Councilman Conley’s comments regarding the City Manager having a CEO status.  He added that he felt the firing of the City Manager will cost hundreds of thousands of dollars.  He also stated that he felt the Council had no issues with the City Manager until he fired the Human Resource Director.

 

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

 

Mr. Scienzo had a number of questions regarding the budget, Council benefits, salaries in the finance department, tax assessor questions, professional services line items in many of the departments, questions on Carousel funding and the life insurance line item at the end of the budget in the general government section. 

Finance Director Malcolm Moore provided answers to these questions.

 

VI.             PUBLIC COMMENT

A.    Stephen Sharkey – Speed Limit Enforcement, Estrell Drive

B.     Tom Riley – Pledge of Allegiance

 

VII.          APPOINTMENTS

 

A.    Traffic Control (by Councilwoman Capobianco)

William Dorney, 76 Faith Street (02914)

 

A motion to approve the Appointment is made by Councilman Britto, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous 4-0.

 

B.     Carousel Park Commission (by Mayor Rose)

Chrissy Rossi, 87 Shore Road (02915)

 

A motion to approve the Appointment is made by Councilman Britto, seconded by Councilman Conley and on a roll call vote it is unanimous 4-0.

 

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)

 

The Attorney for Bryan LeBeau, Richard James, is present and speaks.

He noted there have been no incidents.  They sell cigar and tobacco related products.  They have a membership like atmosphere with limited hours of operation.  As required under State law there will be snack type food provided.  For cigar/smoke bars they must generate at least 51% from tobacco or tobacco related products. 

Assistant Mayor Cunha stated he had been there a couple of times and it was a clean and organized establishment. 

 

The owner spoke, Bryan LeBeau and answered Councilman Britto’s question regarding monitoring consumption and replied in the affirmative that he would be monitoring consumption.

 

A motion to approve the License subject to the Zoning Officer approval is made by Assistant Mayor Cunha, seconded by Councilman Britto and on a roll call vote it is unanimous 4-0.

 

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.

 

A motion to remove Omsairam LLC DBA Rumford Motor Inn from the list is made by Councilman Britto, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous 4-0.

 

A motion to approve the Miscellaneous Licenses is made by Assistant Mayor Cunha, seconded by Councilman Britto and on a roll call vote it is unanimous 4-0.                

 

X.                PUBLIC HEARING-ORDINANCES FINAL PASSAGE

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

A motion to dispense with the reading of the ordinance is made by Assistant Mayor Cunha, seconded by Councilman Britto and on a roll call vote it is unanimous 4-0.

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

A motion to approve the Ordinance is made by Councilman Britto, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous 4-0.

 

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.

A motion to dispense with the reading of the ordinance is made by Assistant Mayor Cunha, seconded by Councilman Britto and on a roll call vote it is unanimous 4-0.

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

A motion to approve the Ordinance is made by Assistant Mayor Cunha, seconded by Councilman Britto and on a roll call vote it is unanimous 4-0.

 

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

 

After discussion and to accommodate the School Committee Meeting the Council moved the Budget Workshop to Wednesday October 12th at 6:30PM

 

Councilman Britto stated he would not favor the 1.5% tax increase though he does support the $1 million in added funds to the School Department he feels these funds should come from cuts or the suggestion which Assistant Mayor Cunha would be making. 

 

Assistant Mayor Cunha stated he and Councilman Britto had been working together and they have a plan they feel would keep taxes down and also obtain the monies needed for the School Department and this plan would be to take the money from the Synchronization Fund. 

 

Finance Director Moore is called to the podium to discuss the current year tax collection and rates.

 

Finance Director Moore and Financial Advisor Luba discuss the synchronization fund, its function and provided background on how it came into existence.  Mr. Luba stated that if they take the money out then they are stating synchronization is not what they want to do as they will never be able to put this money back however, if they feel that funding the schools and/or the buildings is a bigger priority then it’s their decision to make but he thinks they may need to go back to the ballot for voter approval. 

 

Mayor Rose discusses the 7 union contracts all coming due in 2017. 

 

Discussion ensues regarding the various tax increase options with and without taking the synchronization fund monies and with and without fulfilling the full school request. 

 

Discussion ensues regarding the pros and cons of synchronization.

 

Councilman Conley statea that East Providence funds the school department at the lowest level and if the City wants quality education they have to properly fund it.  He added he does not feel that borrowing is the answer.  He feels that the City’s operating budget needs to be cut or it is not sustainable.  He noted that Barrington funds its schools 60% and it’s municipal 40%.  He adds the City has already cut $3.1 million but he feels they could still run cutting an additional 1% or ½% from each department. 

 

Discussion ensues regarding the schools insurance premium and it was noted that the City couldn’t line item cut or direct the school where to spend the money.

 

Assistant Mayor Cunha asked if the Superintendent could provide a break down between fixing the schools and salary increases. 

 

Superintendent Crowley stated they had already met with all 4 unions and all agreed to only a cost of living increase and a projected 5 year plan was being sent to Mr. Luba today.

 

Public Hearing:

 

Dan Landry, 10 Larchwood Drive (02916) spoke regarding the lowest pay for teachers but the second highest for Fire and the third highest for Police.  He spoke regarding his views on the difference between police and fire regarding work load and overtime as well as his view of fire department overtime.  He closed by stating that there is $1 million dollars more in fire overtime than in police and that if the Council were to cut that $1 million they could give the schools the money from that and be done with it.

 

Rick Lawson, 19 Plum Road (02915) asked Mr. Luba about the contingency fund that is fully funded and asked if they could move the overflow to the school department.   Mr. Luba said it could not be used for that only for capital expenses and that this was passed via a ballot question. 

Councilman Conley added that the Budget Commission had written it this way so that it would be virtually impossible to change because the City had a history of doing this in the past. 

 

Tom Riley, 3620 Pawtucket Avenue (02015) stated getting rid of the TANs would save about $300,000 per year and that Barrington is better funding education.  He added East Providence needs to get the municipal expenses under control. 

 

Jessica Beauchaine, School Committee Member discussed the “they” and “we” and reminded those in attendance that the schools are for everyone and affects the entire City.  The City provides tax incentives to companies to locate to our City.  There is no overtime for teachers.  We need to stop saying us and them, we need to cut whatever we need to cut, it’s a City budget, it includes all departments we have to manage the whole budget it’s not that we want it it’s that we need it. 

 

Mayor Rose noted that unlike other departments they cannot line item cut the School Department that is why the statement City and School exist separately. There are items in the municipal budget that do go to assist the schools that aren’t always in the final tally.

 

Councilman Conley stated that what he believe Ms. Beauchaine is saying is that only 13% of the capital budget is going to the schools of the $1.5 million so this says we care about other things 85% more. 

 

Ms. Beauchaine also reminded all present that they still have to worry about keeping the accreditation. 

 

 

Scott Scienzo asked about the cost of $60,000 for the Union Primary School.  The City Manager stated the Building Superintendent has noted it is necessary to secure the building.  

 

Rick Lawson spoke about Union Primary and what he saw that was wrong there and what his notes reflect but he was told something different and that the building needed a lot of repairs before it could be occupied. 

 

Scott Scienzo asked about the Water Fund and this was explained. 

 

Assistant Mayor Cunha called the Fire Chief to the podium to explain the Fire Budget. 

 

Fire Chief Elmasian explained the fire budget, minimum manning and the over time. 

 

Acting City Manager Chapman stated that he, the Finance Director and the Financial Advisor met with both Chiefs and went over their budgets a number of times and that neither Chief left happy.  Both were looking for more staff.  Both had to come back with homework done on requests he made of them.  These requests included information on overtime and equipment.  It was painstaking but we cut from both of their departments. 

 

Chief Elmasian stated that the cost breaks down to $1.12 a day for a full fire and rescue service and it’s the best in the State.  Adding that both Chiefs hire out of a crisis management and we need to start looking at the future. 

 

A motion to continue the Budget Ordinance to the October 12th Meeting is made by Assistant Mayor Cunha, seconded by Councilman Britto and on a roll call vote it is unanimous 4-0.

 

XII.          NEW BUSINESS

 

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

 

1.      Status of Hardship Ordinance

 

Acting City Manager Chapman reported that he and the Tax Assessor needed more time to discuss with the Board of Tax Review and iron out more details before reporting back to the City Council. 

 

2.      Request for Purchase of Police Rescue Vehicle

 

Chief Parella comes to the podium.  He states that he is before the City Council for two reasons.  The first reason is that the item for purchase totals more than $100,000 and requires City Council approval.  The second reason is due to Executive Order 13688 by President Obama signed on January 16, 2015 which states that military grade equipment shall not be purchased or acquired for domestic law enforcement purposes.  He explains that over the years’ police have been the fastest to adapt to changes.  Columbine changed the way they needed to respond and they had to adapt to hasty entries.  They have to prepare for any type of theater of operation.  After New Town they had to adapt to those who would intentionally harm babies.  They learned that nothing is off the table.  The contingency plan is if you can imagine it they are already thinking of it.  After 9/11 they learned that the Federal Government had all this knowledge but didn’t know who lived on what corner.  They are getting progressively better at sharing information.  This vehicle will be used as an armored rescue vehicle for any situation, for example, an active shooter situation.  They have been providing active shooter training all over the City.  What they are lacking is a way to extract people, for example, what if an active shooter was in the Council Chambers, how could they extract people from the building?  Where they used to deal mostly with hand guns they now have to deal with assault rifles.  People would be surprised to learn how many assault rifles there are in homes in the City of East Providence.  These assault rifles can take out an officer before they even get out of the car.  The vests officers are wearing are virtually useless against these types of weapons.  The vehicle will protect officers in these situations and get officers into the hot zone to negotiate, deploy gas or remove hostages.  Recently, there were two standoffs, one in Coventry and one in Portsmouth.  This vehicle will enable officers to get right up to the scene to see them and to negotiate with them and the chances to get them out is higher.  In the State currently there are only two of these vehicles, the State Police have one which is aging but still good and the City of Warwick has one but it is really aged.  As people saw in San Bernadino, one vehicle was not even enough.  Here in East Providence, we are lucky to have Federal Asset Forfeiture funds to protect, arm and defend.  Even recently Fire Fighters are getting killed just responding.  If there are explosives in a house the police can get in.  The Police Department and the State needs this ability.  The first item which requires a City Council vote is the actual permission to purchase military grade equipment to be used for extraction and rescue for police and fire.  The second item is to allow for the purchase to be made from Lanco.  Lanco manufactures in Massachusetts for the country and for the entire world.  This approval would be for a Lanco Bearcat which looks like a heavy duty truck with a turret and it can deploy a sniper.  The cost is $312,615 and the purchase will be made solely with Federal Asset Forfeiture funds there will be no money from the taxpayers however it is considered a City asset. 

 

A motion to meet President Obama’s Executive Order is made by Assistant Mayor Cunha seconded by Councilman Britto and on a roll call vote it is unanimous 4-0.

 

A motion for purchase and use/access of the Asset Forfeiture Funds for the purchase of a surplus Army Armored Vehicle to be used for Police Rescue is made by Assistant Mayor Cunha seconded by Councilman Britto and on a roll call vote it is unanimous 4-0.

 

B.     Council Members

1.   Carousel Leases (by Mayor Rose)

 

Mayor Rose deferred this item.

 

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

 

Assistant Mayor Cunha announced that the City has been awarded a $96,000 DEM grant to be used for the Central Avenue Playground Onna Moniz Park. 

Onna Moniz John, 149 Anthony Street and Brenda Gardner, 128 Grosvenor Avenue came to the podium to speak. 

Ms. John stated that the park is alive and exciting and that the neighborhood is using it daily.  She added that for a very long time they have had a long term partnership with the City, the community and the businesses promoting pride and harmony and that they looked forward to continuing this and making the park even better.

Ms. Gardner echoed these statements.

 

C.    Reports of Other City Officials

 

A motion to extend the meeting beyond the curfew by 15 minutes is made by Councilman Britto, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous 4-0.

 

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 Councilman Cunha and seconded by Councilman Conley to convene in closed session for the purposes of discussing claims & litigation.  Upon a roll call vote:  Mayor Rose – Aye, Councilman Britto – Absent, Councilwoman Capobianco – Absent, Councilman Conley – Aye, Councilman Cunha - Aye, the motion is approved 3-0.

Councilman Britto arrives after the motion to convene in executive session.

                                    EAST PROVIDENCE CLAIMS COMMITTEE

                                              CLAIMS & LITIGATION REPORT

                              TUESDAY, OCTOBER 4, 2016; 7:00 P.M.; ROOM 101

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

                                                                 NEW CLAIMS

 

LEONARDO A. CHIRINIAN                                                                                            $195.95

RM No. 14-117, Claim No. 16-043

Claim for the loss of personal property seized by the East Providence Police Department.  See recommendation of the Chief of Police.

 Motion by:  Councilman Conley                    Seconded by:  Councilman Cunha

Motion:  Approve the claim in the amount of $195.95.

 

VOTE

MAYOR

ROSE

COUNCILMAN

BRITTO

COUNCILWOMAN

CAPOBIANCO

COUNCILMAN

CONLEY

COUNCILMAN

CUNHA

Aye

 

Nay

 

 

 

 

 

Abstain

 

 

 

 

 

Absent

 

 

 

 

 

PETER R. SHANK                                                                                                                 $75.00

RM No. 16-097, Claim No. 16-046

Claim for reimbursement of expenses incurred to repair damage to a sprinkler system.  See recommendation of the Director of Public Works.

 Motion by:  Councilman Cunha                     Seconded by:  Councilman Britto

Motion:  Refer the claim to the City’s contractor, W. Walsh Company.

 

VOTE

MAYOR

ROSE

COUNCILMAN

BRITTO

COUNCILWOMAN

CAPOBIANCO

COUNCILMAN

CONLEY

COUNCILMAN

CUNHA

Aye

 

Nay

 

 

 

 

 

Abstain

 

 

 

 

 

Absent

 

 

 

 

 

LITIGATION

 

MICHAEL CLAYTON & JOSEPH TAVARES VS. CITY

C.A. NO. 12-0516

Status Report

Motion by:                                                                  Seconded by: 

Motion:  No vote taken.

 

VOTE

MAYOR

ROSE

COUNCILMAN

BRITTO

COUNCILWOMAN

CAPOBIANCO

COUNCILMAN

CONLEY

COUNCILMAN

CUNHA

Aye

 

 

 

 

 

Nay

 

 

 

 

 

Abstain

 

 

 

 

 

Absent

 

 

 

 

 

 

SEWER CHARGE ABATEMENTS

 

BREWERY PARKADE INC.                                                                                             $550.42

Request for a sewer charge abatement for the property located at 15 Wampanoag Trail in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilman Britto                                   Seconded by:  Councilman Cunha

Motion:  Approve the sewer charge abatement in the amount of $550.42.

 

VOTE

MAYOR

ROSE

COUNCILMAN

BRITTO

COUNCILWOMAN

CAPOBIANCO

COUNCILMAN

CONLEY

COUNCILMAN

CUNHA

Aye

 

Nay

 

 

 

 

 

Abstain

 

 

 

 

 

Absent

 

 

 

 

 

MICHELLE CAFUA                                                                                                           $143.16

Request for a sewer charge abatement for the property located at 27 Cadorna Street in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilman Britto                                   Seconded by:  Councilman Cunha

Motion:  Approve the sewer charge abatement in the amount of $143.16.

 

VOTE

MAYOR

ROSE

COUNCILMAN

BRITTO

COUNCILWOMAN

CAPOBIANCO

COUNCILMAN

CONLEY

COUNCILMAN

CUNHA

Aye

 

Nay

 

 

 

 

 

Abstain

 

 

 

 

 

Absent

 

 

 

 

CHARLES CARR (POA-MARGARET MILLER)                                                            $183.12

Request for a sewer charge abatement for the property located at 177 Roger Williams 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 $183.12.

 

VOTE

MAYOR

ROSE

COUNCILMAN

BRITTO

COUNCILWOMAN

CAPOBIANCO

COUNCILMAN

CONLEY

COUNCILMAN

CUNHA

Aye

 

Nay

 

 

 

 

 

Abstain

 

 

 

 

 

Absent

 

 

 

 

 

TIMOTHY CLANCY                                                                                                           $467.19

Request for a sewer charge abatement for the property located at 53 Kingsford Street in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilman Britto                                   Seconded by:  Councilman Cunha

Motion:  Approve the sewer charge abatement in the amount of $467.19.

 

VOTE

MAYOR

ROSE

COUNCILMAN

BRITTO

COUNCILWOMAN

CAPOBIANCO

COUNCILMAN

CONLEY

COUNCILMAN

CUNHA

Aye

 

Nay

 

 

 

 

 

Abstain

 

 

 

 

 

Absent

 

 

 

 

 

MARIA DaGRACA                                                                                                             $274.94

Request for a sewer charge abatement for the property located at 33 Seventh Street 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 $274.94.

 

VOTE

MAYOR

ROSE

COUNCILMAN

BRITTO

COUNCILWOMAN

CAPOBIANCO

COUNCILMAN

CONLEY

COUNCILMAN

CUNHA

Aye

 

Nay

 

 

 

 

 

Abstain

 

 

 

 

 

Absent

 

 

 

 

 

JAMES & LILLIAN MacINTYRE                                                                                      $236.28

 

Request for a sewer charge abatement for the property located at 237 Waterman Avenue in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilman Britto                                   Seconded by:  Councilman Cunha

Motion:  Approve the sewer charge abatement in the amount of $236.28.

 

VOTE

MAYOR

ROSE

COUNCILMAN

BRITTO

COUNCILWOMAN

CAPOBIANCO

COUNCILMAN

CONLEY

COUNCILMAN

CUNHA

Aye

 

Nay

 

 

 

 

 

Abstain

 

 

 

 

 

Absent

 

 

 

 

 

RONALD MONIZ                                                                                                               $289.98

Request for a sewer charge abatement for the property located at 82 Oak Crest Drive 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 $289.98.

 

VOTE

MAYOR

ROSE

COUNCILMAN

BRITTO

COUNCILWOMAN

CAPOBIANCO

COUNCILMAN

CONLEY

COUNCILMAN

CUNHA

Aye

 

Nay

 

 

 

 

 

Abstain

 

 

 

 

 

Absent

 

 

 

 

 

KENNETH MOSHER                                                                                                       $1,025.67

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

Motion by:  Councilman Britto                                   Seconded by:  Councilman Cunha

Motion:  Approve the sewer charge abatement in the amount of $1,025.67.

 

VOTE

MAYOR

ROSE

COUNCILMAN

BRITTO

COUNCILWOMAN

CAPOBIANCO

COUNCILMAN

CONLEY

COUNCILMAN

CUNHA

Aye

 

Nay

 

 

 

 

 

Abstain

 

 

 

 

 

Absent

 

 

 

 

 

LYNNE ROMANO                                                                                                           $1,817.75

Request for a sewer charge abatement for the property located at 382 Pawtucket 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 $1,817.75.

 

VOTE

MAYOR

ROSE

COUNCILMAN

BRITTO

COUNCILWOMAN

CAPOBIANCO

COUNCILMAN

CONLEY

COUNCILMAN

CUNHA

Aye

 

Nay

 

 

 

 

 

Abstain

 

 

 

 

 

Absent

 

 

 

 

 

CHARLENE RUSSELL                                                                                                      $178.50

Request for a sewer charge abatement for the property located at 119 Holland 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 $178.50.

 

VOTE

MAYOR

ROSE

COUNCILMAN

BRITTO

COUNCILWOMAN

CAPOBIANCO

COUNCILMAN

CONLEY

COUNCILMAN

CUNHA

Aye

 

Nay

 

 

 

 

 

Abstain

 

 

 

 

 

Absent

 

 

 

 

 

LINDA SEARS                                                                                                                    $574.59

Request for a sewer charge abatement for the property located at 254 Terrace Avenue in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilman Britto                                   Seconded by:  Councilman Cunha

Motion:  Approve the sewer charge abatement in the amount of $574.59.

 

VOTE

MAYOR

ROSE

COUNCILMAN

BRITTO

COUNCILWOMAN

CAPOBIANCO

COUNCILMAN

CONLEY

COUNCILMAN

CUNHA

Aye

 

Nay

 

 

 

 

 

Abstain

 

 

 

 

 

Absent

 

 

 

 

 

A motion to approve the Claims Committee Report is made by Councilman Conley, seconded by Councilman Britto and on a roll call vote it is unanimous 4-0.

 

D.    Report of School Committee Liaison

Chairman Charlie Tsonos provides the School Committee Liaison Report.  He notes that he does not envy the Council’s position.  To a degree they will make some people happy and others unhappy.  The City of East Providence is in business.  The School Department is charged with providing education to approximately 5500 students and their families.  They all know what the buildings look like and the issues with the heating system.  He invited all to come to the schools on a cold day and see for themselves.  He noted the State is aware of the condition of the buildings.  He closed by stating that they are not asking for the most expensive item they are only asking for consideration and support. 

E.     Resolutions

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

A motion to dispense with the reading of the Resolution is made by Assistant Mayor Cunha, seconded by Councilman Britto and on a roll call vote it is unanimous.

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

 

A motion to approve the Resolution is made by Assistant Mayor Cunha, seconded by Councilman Britto and on a roll call vote it is unanimous 4-0.

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

 

A motion to dispense with the reading of the Ordinance is made by Assistant Mayor Cunha, seconded by Councilman Britto and on a roll call vote it is unanimous 4-0.

 

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

 

A motion to approve the Ordinance for First Passage is made by Assistant Mayor Cunha, seconded by Councilman Britto and on a roll call vote it is unanimous 4-0.

 

2.      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 Assistant Mayor Cunha, seconded by Councilman Britto and on a roll call vote it is unanimous 4-0.

 

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

 

A motion to approve the Ordinance for First Passage is made by Councilman Britto, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous 4-0.

 

3.      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 Assistant Mayor Cunha, seconded by Councilman Britto and on a roll call vote it is unanimous 4-0.

 

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

 

A motion to approve the Ordinance for First Passage is made by Assistant Mayor Cunha, seconded by Councilman Britto and on a roll call vote it is unanimous 4-0.

 

XIII.       ADJOURNMENT

 

A motion to Adjourn at 10:42PM is made by Councilman Britto, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous 4-0.

Approved By Council:  October 18, 2016

Attest:  _______________

                City Clerk

 

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