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.      Chapman, Timothy

2.      Jeffrey & Cheryl Faria

3.      Carol Lothrop

4.      Merrimack Mutual Fire Ins. Co.

B.     Sewer Charge Abatements

1.      James & Julie Bailey

2.      Jennifer Belasco

3.      Gail Costa

4.      John DaSilva

5.      Jose Goulart

6.      Beverly Henderson

7.      Justin Krassner

8.      Arthur Lusignan

9.      Dennis Patricio

10.  Silvana Realty LLC (Grace Bento)

11.  Stella Sousa

12.  Richard Tanner

13.  Eugenia Zollo

C.     Discussion and vote regarding Acting City Manager terms and conditions.

D.    Disposition of City-Owned Property: Union Primary, 1320 Pawtucket Avenue

II.                CALL TO ORDER

Mayor Rose calls the meeting to order at 7:51PM.

III.             SALUTE TO THE FLAG

IV.             TO APPROVE THE CONSENT CALENDAR

A.    Letters

V.                COMMUNICATIONS

A.    Izilda Teves, 345 Sutton Avenue (02914) requesting to address the Council regarding the playground project at Hennessey School. 

Dan Gordon and Izilda Teves speak and let the Council know they have been working on this project for the last 2 years raising funds for the playground.  Hennessey is one of only 3 schools in the City without a playground.  This weekend they will have a playground community event it’s a 2 day project to construct the playground.  It starts at 7:30am and ends at 6:30pm on both days. Volunteers need to load pre assemble pieces as well as do other items that do not require construction skills, also painting will be involved.   Food and beverages and day care will be provided and children and teens are invited to help paint the playground.  They thanked the Council and everyone who helped.   

VI.             PUBLIC COMMENT

A.    Dave Kelleher, 36 Riverside Drive – Taxes

B.     Deborah Gozalez, 193 Terrace Avenue – Assessments

C.     Connie Ciallella, 35 Mary Avenue – City Manager

D.    Pete Hayes, 261 Wilson Avenue – Public Comment

E.     Ed Lynch, 123 Don Avenue – Public Comment

F.      Phillip Norton, 55 Merrick Street – Public Comment

G.    Erica Wheeler, 68 Riverside Drive – Taxes and Assessments

H.    Tom Riley- 1^st Amendment

VII.          APPOINTMENTS

A.    Traffic Control (by Councilman Conley)

Elisa Farrar, 49 Leroy Drive (02915)

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

B.     Traffic Control (by Mayor Rose)

Greg Snead, 42 Heath Street (02914)

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

VIII.       PUBLIC HEARING – ORDINANCES FINAL PASSAGE

A.  An ordinance regarding a stop sign on Purchase Street (northbound and southbound traffic) at Freeborn Avenue.

A motion to dispense with the reading of the Ordinance is made by Assistant Mayor Cunha, seconded by Councilman Conley 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.  Subsection (b) of Sec. 18-269 entitled “Stop and yield intersections designated; when stops required” is amended by adding thereto the following:

Purchase Street (northbound and southbound traffic) at Freeborn Avenue

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

B.  An ordinance regarding a one way Bourne Avenue (westbound) from Brayton Avenue to Hoyt Avenue 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.

A motion to dispense with the reading of the Ordinance is made by Councilman Conley, 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:

Bourne Avenue (westbound) from Brayton Avenue to Hoyt Avenue 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 for final passage is made by Councilman Britto, seconded by Assistant Mayor Cunha and on a roll call vote it is unanimous 4-0.

IX.             LICENSES NOT REQUIRING PUBLIC HEARING

X.                NEW BUSINESS

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

1.      Revaluation Status

The Interim City Manager reports that the reval status has been taking place.  They have gone through this with the terrace association and they have given the City up to date statistics which Ms. Gonzalez has mentioned earlier under public comment.  A total of 163 appeals have been filed.  That is 1 percent of all appraisals done in City.  There have been a total of 110 appeals on waterfront properties. 60 have been processed which the tax assessor did personally. 15 are scheduled this week.  He has held office appointment with over 20.  61 have had substantial adjustments. 15 have appealed to the tax board of review.  32 of all types have been appealed to the board.  They have until October 1st to file their appeals and in general the tax assessor has explained 3 reasons:

-Location location location

-During the last reval in 2012 the city did not increase because the market was so bad between 2009 an 2012 it didn't have enough data/sales.

-Vision Appraisal and the Assessor did not pay enough attention to the difference in land characteristics such as access, narrowness, view, topography, rights of way and erosion.  We have asked the Assessor to go out and view every waterfront property and make sure the adjustments are made before the process is completed and he feels it will result in fair assessments for all the properties. Based on Councilman Conley and the cap on the hardship ordinance or a request for legislative hardship, there could be a deferment for those that have this cap and Councilman Conley and he and the Tax Assessor and a Representative from Vision Appraisal plan on discussing options and will report back on September 20th due to the fact that we just had the meeting tonight.

2.      Discussion of Homestead Exemption

The Interim City Manager called the Finance Director and Mr. Luba to the podium to discuss this exemption and what the situation is if we revert back to the full 15% and how it would affect the taxes currently.

Mr. Luba states currently 13 city and towns use this exemption as high as 15% and as low as 7%.  Communities such as Providence have a 2 tier tax system which must have been allowed through legislative approval.

Director Moore stated that the Budget Commission put in action a 1% per year reduction until gone but at 13% the Council put a freeze on that. There would be a 1 percent increase in taxes for every $500,000 that is put back a $1 million less in revenue that would generate which would drive the tax rate up 1 percent.

Councilman Conley asked about the surplus.

Director Moore stated this is true on both the City and School side.  Normally the surplus would go for one time expenditures.

Mr. Luba stated last year the city was $2 million and the School was $1 million in surplus it is a one-time thing.

Councilman Conley stated that he understands it is not without risk as it is more principal when you have more money then you need to run government.

Mr. Luba stated yes but eventually that $1 million goes away.

Councilman Conley stated not if the City is a good steward of the tax payers money.

3.      Lease of Union Primary School by East Providence Arts Council

Interim City Manager Chapman announced the lease has been withdrawn by the Arts Council at this time to reevaluate their options.

4.      Budget Status

The Interim City Manager stated he was very surprised and disappointed when he started on August 22nd that City Manager Kirby had only met with 5 departments and with the deadline of September 15^th looming the budget process normally begins in May.  However, in just over a week, they have now met with all the departments.  He has had to slash some promised pay raises designated for some employees and some department heads.  He stated he was disappointed that two programs payroll and month to month water billing were going to be delayed.  However, they now intend to implement them shortly as the City is currently paying for them and they are costing tax payers money.  He put the brakes on spending which was running rampant, $5,000 here and there add up and he is not in the mood to increase taxes.  With that in mind he asks the Council to look at the proposed dates and to look at budget meetings and workshops as well as hearings. The City must have at least one hearing where they present the budget.  The last day to present the City Managers budget to Council according to the City Charter is September 15^th.  The meeting will not take long they just need to be given to Council.  He asked if Council could meet next Tuesday or Wednesday the 14th or 15^th to accomplish this.  

It is decided the Council will meet on September 14th at 6:30 and at workshop on September 27th 6:30pm.  October 4th which is the Regular Council meeting they will hold the first public hearing on the budget.  

Mr. Chapman announced that the Acting Human Resource Director will be Ray Benoit who has over 30 years experience with the City.  He has agreed to come back from retirement for a temporary time period to help out the City.

B.     Council Members

1.   Vision Appraisal (by Councilman Conley)

Councilman Conley stated that they are going to move forward with the administrative remedies.  He spoke about the senior citizen tax assessment ordinance and the precedence from Jamestown and asked if the City feels there is some potential in that it could be pursued.  He announced there is a meeting being held next Monday and if anyone wants to come and talk about any options that City is or can pursue they are welcome. 

C.    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 Councilman Cunha and seconded by Councilwoman Capobianco 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, SEPTEMBER 6, 2016; 7:00 P.M.; ROOM 101

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                                          NEW CLAIMS

CHAPMAN, TIMOTHY                                                                                                Unspecified

RM No. 16-090, Claim No. 16-040

Claim for personal injuries sustained as a result of a slip and fall on a sidewalk on Bullocks Point Avenue.  Recommend referral to the insurance carrier.

Motion by:  Councilman Britto                       Seconded by:  Councilwoman Capobianco

Motion:  Refer the claim to the insurance carrier.

JEFFREY & CHERYL FARIA                                                                                           $412.71

RM No. 16-084, Claim No. 16-038

Claim for property damage to vehicle sustained as a result of striking a missing water cap cover.  See recommendation of the Director of Public Works.

Motion by:  Councilwoman Capobianco                    Seconded by:  Councilman Britto

Motion:  Approve the claim in the amount of $412.71.

CAROL LOTHROP                                                                                                             $539.26

RM No. 16-083, Claim No. 16-037

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

Motion by:  Councilman Britto                       Seconded by:  Councilwoman Capobianco

Motion:  Deny the claim.

MERRIMACK MUTUAL FIRE INS. CO.                                                                      $7,243.20

RM No. 16-089, Claim No. 16-039

Claim for property damage sustained when a temporary water service system installed in the process of the water line cleaning leaked resulting in damage to the basement level of insured’s home.  Recommend referral to the insurance carrier.

Motion by:  Councilman Britto                       Seconded by:  Councilman Cunha

Motion:  Refer the claim to the contractor’s insurance carrier.

SEWER CHARGE ABATEMENTS

JAMES & JULIE BAILEY                                                                                                  $229.08

Request for a sewer charge abatement for the property located at 1 Bloomfield Street in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilwoman Capobianco                    Seconded by:  Councilman Britto

Motion:  Approve the sewer charge abatement in the amount of $229.08.

JENNIFER BELASCO                                                                                  $215.82

Request for a sewer charge abatement for the property located at 58 Belmont 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 $215.82.

GAIL COSTA                                                                                                                       $228.87

Request for a sewer charge abatement for the property located at 17 Padelford 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 $228.87.

JOHN DaSILVA                                                                                                                   $107.40

Request for a sewer charge abatement for the property located at 33 Byron 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 $107.40.

JOSE GOULART                                                                                                                 $110.94

Request for a sewer charge abatement for the property located at 69-71 North Broadway 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 $110.94.

BEVERLY HENDERSON                                                                                                  $153.05

Request for a sewer charge abatement for the property located at 83 Brookfield Road in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilwoman Capobianco                    Seconded by:  Councilman Britto

Motion:  Approve the sewer charge abatement in the amount of $153.05.

JUSTIN KRASSNER                                                                                                           $198.69

Request for a sewer charge abatement for the property located at 12 Palmer 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 $198.69.

ARTHUR LUSIGNAN                                                                                                        $207.60

Request for a sewer charge abatement for the property located at 104 Fenner Avenue in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilwoman Capobianco                    Seconded by:  Councilman Britto

Motion:  Approve the sewer charge abatement in the amount of $207.60.

DENNIS PATRICIO                                                                                                            $292.66

Request for a sewer charge abatement for the property located at 321 Ferris 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 $292.66.

SILVANA REALTY LLC (GRACE BENTO)                                                                     $64.44

Request for a sewer charge abatement for the property located at 33 Arlington 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 $64.44.

STELLA SOUSA                                                                                                               $1,286.11

Request for a sewer charge abatement for the property located at 357-359 Pleasant Street 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 $1,286.11.

RICHARD TANNER                                                                                                             $49.94

Request for a sewer charge abatement for the property located at 37 Earl Avenue 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 $49.94.

EUGENIA ZOLLO                                                                                                              $438.73

Request for a sewer charge abatement for the property located at 47 Hobson 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 $438.73.

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

Solicitor Dias reports the votes from the Executive Session:

There was a motion to approve $145,000 salary for the combined position of Acting City Manager and City Solicitor for Tim Chapman the motion was made by Councilwoman Capobianco, seconded by Councilman Conley and on a roll call vote the motion passes 3-2 with Councilman Britto and Assistant Mayor Cunha voting Nay.

There was a motion made to seal the minutes of Executive Session by Councilman Conley, seconded by Councilwoman Capobianco and on a roll call vote the motion passes 4-0 with Assistant Mayor Cunha not present. 7:45pm

There was a motion to go back to regular session at 7:45PM made by Councilman Britto, seconded by Councilman Conley and on a roll call vote it is unanimous 4-0 with Assistant Mayor Cunha not present.

XI.             ADJOURNMENT

A motion to Adjourn at 9:07PM is made by Assistant Mayor Cunha, seconded by Councilman Britto and a roll call vote it is unanimous 4-0.

Approved By Council:  September 20, 2016

Attest:  ______________