I.                   EXECUTIVE SESSION

The City Council of the City of East Providence may meet in Executive Session pursuant to RI General Laws § 42-46-5 (a)(2).

A.    New Claims

1.      American Commerce Ins. Co. (Ins. Louis & Joan Chianese)

2.      Arbella Mutual Ins Co. (Ins. Jennie Green)

3.      Sean Lariviere

4.      Rose Mary MacDonald

B.     Sewer Charge Abatements

1.      Steven Checrallah

2.      David Ferriera

3.      Donna Lyons

4.      Frank Perri (Trustee for Julia Massat)

5.      Mary Jane Quattrucci

6.      Michelle Robbins

7.      Leonard & Bernice Sousa

8.      Chris Suchmann

C.    Collective Bargaining

1.      School Committee Request for Approval of Final Tentative Agreement between East Providence School Committee and the Administrative Assistants (Secretaries) Union (EP Educational Secretaries/NEARI)

2.      School Committee Request for Approval of Final Tentative Agreement between East Providence School Committee and the Custodians Union (Council 94).

D. Litigation

1.      Providence Superior Court Case and Commission for Human Rights matter regarding Kathleen T. Waterbury vs. City of East Providence, Richard Kirby, Paul Lemont and Fire Chief Oscar Elmasian – Status Report. 

2.      Narragansett Electric Company d/b/a National Grid v. Town of Johnston et al, C.A. No.: PC 11-4928

E.     Potential Litigation

1.      Municipal Streetlights Investment Act – League of Cities and Towns, Division of Public Utilities

II.                OPEN SESSION

III.             CALL TO ORDER

Mayor Briden calls for a moment of silence for those who lost their lives in Las Vegas. 

IV.             SALUTE TO THE FLAG

Mayor Briden moves the presentation of the Challenger Baseball Citations to this location on the docket.  

V.                PROCLAMATIONS AND PRESENTATIONS

A.    Challenger Baseball Team (by Councilman Faria)

Councilman Faria presents the citations. 

VI.             TO APPROVE THE CONSENT CALENDAR

A.    Letters

VII.          COMMUNICATIONS

A.    Lawrence Pryor, 40 Loring Avenue, Providence requesting to address the Council regarding a proposed settlement of outstanding debt of Agawam Hunt to City of East Providence, follow up to conversations in City Council meeting of September 5, 2017.

Mr. Pryor discusses a proposal to the City Council.  Their attorney reached out to city with no response.  He would like to know if there is a proposal the city is willing to entertain to get this settled if not they will have to go through the bankruptcy process and let the chips fall where they may.

City Manager Chapman states they don't have the counter proposal and the city is in first position.  He adds there are some discrepancies regarding Freedom Green and he feels it is not a fair offer and at this point he doesn't see the benefit to the city and the tax payers to accept that proposal.

Mr. Pryor discusses the back taxes and interest owed and also the executory contract for Freedom Green.  Adding it is their expectation that unsecured creditors get paid 5 cents on the dollar and the club is clearly insolvent and with the claims on the outstanding mortgage, the assessed value is more than what the bank states.  In addition, the city will spend legal fees.

Assistant Mayor Britto asks about the requirements for the upkeep of Freedom Green and Mr. Pryor describes their responsibilities in the parks upkeep.

Mr. Pryor explains there is a total due of $476,000 and of that $70,000 is water and sewer and interest at 12% and the balance of $400,000 includes that they believe they were over assessed and in 2017 the club filed an appeal of the assessment for that year.

Mayor Briden states he appreciates the efforts of the group to save Agawam.  He believes it is an asset to the city.  It is a thing of beauty and from an aerial view it is amazing.  The difficulty is that typically their legal council will propose to the city council that they settle a matter based on a recommendation and based on the law in this instance, when it comes to tax relief, they really operate within the framework of the RI General Laws.  They would then discuss the matter in executive session.  For whatever reason the city does not feel ready, willing or able to address the taxes at this time.

Councilman Faria states no one on the council is happy about this and they all appreciate these efforts and they don’t want to see this happen to any business but there is a process and they have to respect that process.

Mr. Pryor states there are two issues one is the back taxes and the second is the Freedom Green Park upkeep.  They are willing to negotiate with the city and not go through that assessment process but candidly they have been trying to have a conversation but the city has been unresponsive.

City Manager Chapman states they sat down and talked but the club didn't like the answer.   They have taxpayers to look out for.  The city understands the members of new Agawam do live in the city.

Mr. Pryor states there has been no response from the city and if the answer is they are not budging it would be better than no answer at all.  He adds they have been paying and staying current since they filed bankruptcy and in fact they prepay due to Chapter 11.  They want to be able to go through the bankruptcy process quickly.

Mayor Briden states he is not sure they have the legal authority to trade off or equate the contract with the forgiveness of taxes.

Mr. Pryor states he is here because he is trying to get a resolution.

Mayor Briden asks Solicitor Dias if he can get in touch with their attorney.

Solicitor Dias states he will but 5 cents on the dollar might not be the amount agreed to by the bankruptcy court.

Mayor Briden asks if they are looking to see where the city stands prior to the Bankruptcy Court date of the 16th and if so the Solicitor can help facilitate that.

Mr. Pryor asks the Solicitor what the process would be after that.

Solicitor Dias states it would be a claim before the council which would come to the city uncil through executive session.

Mayor Briden states the council can call a special meeting to accommodate this if they have to and to have their attorney contact Solicitor Dias.

VIII.       PUBLIC COMMENT

A.    Michael Elias, 37 Ingraham Street (02914) – Graffiti

B.     Dan Landry – Proposed Budget

IX.             COUNCIL MEMBERS

A.    Establishing Salary for Future Mayor by Ordinance (by Mayor Briden)

Mayor Briden states he feels it is important to do this this year for those who will be seeking election for office.   He adds this will hinge on the ballot question regarding 2 or 4 year terms.  If they want to pursue it at this time they can ask Mr. Luba to compile information on this and he thinks there are reasons why this would be wise.  They may have highly qualified residents leave their positions and companies and knowing what the position pays would make sense now and it would not make sense to wait until next year.

Councilman Faria states anyone out there deserves to know what their compensation will be.

Mayor Briden states he will put the same topic down next meeting and Mr. Luba can provide some information so they can introduce an ordinance.

B.     Converting to LED Streetlights (by Councilman Faria)

Councilman Faria discusses that during the campaign he talked about this and he mentioned it at the last meeting.  The City Manager, the City Clerk and DPW receives calls on a daily basis on this topic and in 2011 the Budget Commission turned off a fair amount of lights and red capped many of these lights.  This creates a lot of darkness.  Providence just went to LED and Barrington and Pawtucket have enabled legislation and it has proved to have a great savings and brightens the cities and towns.  He asks the City Manager about a meeting this week with the infrastructure bank establishing with national grid a much better price and adds that hopefully those talks will continue this week.  Hopefully, by the next meeting they will look at the conversion as well as the lights for efficient buildings.  The savings may be perhaps $500,000 and maybe $2 million all for conversions.  He wants to make sure they realize the savings.  All the communities around East Providence are doing it and they have all been unanimous votes.

Assistant Mayor Britto states the city has been in discussion for well over 2 years.  He adds Representative Cunha, when he was Councilman brought this up publicly 2 years ago.

City Manager Chapman states there are two problems.  For many cities and towns the costs to national grid have huge discrepancies in what they are charging.  They want East Providence to pay $300,000 and National Grid could not supply a formula as to how they arrived at this.  They have to be able to realize the savings.

X.                APPOINTMENTS

A.    Traffic Control (by Councilman Faria)

Charles Penelton, 87 Beverly Road (02915)

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

XI.             PUBLIC HEARING

A.    ORDINANCE OF THE COUNCIL OF THE CITY OF EAST PROVIDENCE APPROPRIATING $181,156,020 FOR THE SUPPORT OF THE CITY GOVERNMENT FOR THE FISCAL YEAR ENDING OCTOBER 31, 2018

SECTION I.  The general fund receipts for the fiscal year ending October 31, 2018 have been established to amount to $181,156,020 made up as follows:

SECTION II.  To defray the expenses of the City of East Providence for the fiscal year commencing November 1, 2017 and ending October 31, 2018, 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 $82,572,529 for the support of the public schools for the City of East Providence fiscal year 2017-2018, shall be increased or decreased to conform to the actual amounts received from such sources during the fiscal year 2017-2018 except the appropriation of property tax.

SECTION V.  The purpose of this ordinance is to adopt the Budget for the fiscal year 2017-2018 which begins November 1, 2017 and ends October 31, 2018 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

Mayor Briden states the initial budget contained a 2.4% tax increase and this went down to 2.18%.   Looking on page 53 of the budget there is a legal reserve fund and they can reduce this by $350,000 and this would reduce the increase to $1.8%.  He has consulted with the administration and the City Manager and Mr. Luba and that would be one topic they can discuss.   They all share the idea of reducing the tax increase.  What is easy to lose sight of is that the population is not affluent and when one looks at the census data the median income is $59,000 which is the 6th lowest in the state.  The second topic raised is to use the $2.3 million ear marked from the SYNCH fund and put it towards roads and add a $550,000 allocation.  That amount would be enough to address the critical category roads and DPW and Engineering are here with more detailed information on that topic and it is an issue Councilman Botelho has raised and it is really an important issue to discuss and address.  

Assistant Mayor Britto asks if there is a tax increase with the second option.

Mayor Briden states yes 1.83%

Councilman Faria notes he checked with DPW and they can only do $3 million a year for a total of 35 miles they can do 7 miles each year according to the Director.  

Director Coutu comes to the podium.

Councilman Faria asks if the number would be $3 million.

Director Coutu states they use that number to be a reasonable number to manage and control the project and from their experiences that is the number a contractor can complete in one period.

Mayor Briden states his observations on the road issue is to look at it in terms of wrapping up a 5 year plan which began in 2013.  In terms of a onetime use of the synch funds it would be that amount which could address the critical roads. Previously funds from this location were put towards salaries and it increased the budget for years and this would not be what he is suggesting. 

Councilman Faria asks Mr. Luba to explain and Mr. Luba states that two years ago $3.7 million was used and a certain amount went to salaries, increases to teachers, steelworkers and EPPMTEA and rather than take the increase as a tax increase last year they took it from the amount they would have put in the synch fund.  It was $1.3 mil for salaries and this continues every year it doesn't go away so they reduce the synch fund and it is gone forever.  If council wants to increase the synch fund they would have to take that tax increase the previous council didn't take originally.

Councilman Botelho states he would still prefer to see a bond for roads but no matter what, this way reflects that something is better than nothing and it is subject from year to year to the whims of the council.  This shows his point that the last council gave to salaries and saddled this council and others for years to come.

Councilman Faria states that was a non-contract year adding that he gives the City Manager credit in advising the previous council against it and instead to stay to their contracts.

Mayor Briden states the tax increase was only .5% and it was a conservative budget and stayed in the perimeters of the 5 year plan.

Assistant Mayor Britto raises concerns about at what point does the city synchronize. 

Councilman Botelho states he has concerns the state will look at this money in the bank as a refund to school aid.

Mr. Luba states the first part is probably accurate in that the synchronization money won't be there with a $100 million project.  He does not think the state makes the decision based on this it has more to do with housing aid.

Councilwoman Sousa states they are still a good distance away from getting to the amount they need for synchronization and they still have so much infrastructure they need to take care of. 

Mr. Luba states he would not advise taking it for any ongoing costs especially not until they decide on the school.

Assistant Mayor Britto states they cracked that seal during last budget and he has no plans to raise the taxes he feels they need to look at expenses and not take money out of the synch fund and fund the roads at $500,000.  Adding he wants to synchronize.

Mayor Briden states he respects the synchronization position but based on the last 5 years in an aggregate the synch fund is at $14 million and then at the same time more than $17 million is spent on water utility improvements and 14 miles of road and if taxes increase to 1.83% the aggregate is half of the 5 year plan and the financial advisor supports this but it is not an easy decision.  It’s good to be on the path to synchronization perhaps get to the $25 million mark.

A motion to extend the meeting is made by Councilman Faria, seconded by Councilman Botelho and on a roll call vote it is unanimous. 

Public Hearing: 

Dan Landry, 19 Larchwood Drive (02916) regarding the presentation by the School Superintendent it was a remarkable and agree with City Manager that their focus should be on education and not have to be spent on buildings and would feel that the Council should be funding the schools what they need and that we could find $300,000 in this budget which is what they state they need.  Also thanks the Chief of Police and the EPPD regarding their success stopping the recent break-ins. 

Councilman Botelho notes that he challenged the City Manager to find $5 million and during that course of time he indicated they could float a bond which didn't get passed by the council and subsequently the money is not in the budget for the total.   However a previously incurred increase went to salaries.

The City Manager states that they did not have workers comp and there was over a million dollars on an actuarial correction and salaries all totally that number. 

Mr. Luba states that the fire increases apply over a 5 year period and there was $800,000 for schools which was an additional amount for workers compensation.   

Councilman Botelho notes he is not picking on the City Manager.   Last time they crafted a budget in the same fashion.  There are 5 council members and each has their own priority so it must be an almost impossible task to take all those points of view and craft a budget.  Council members campaign on a bunch of stuff they want to do.  The City Manager and administration craft the budget and infrastructure always gets put on the back burner.

Mayor Briden states that regarding roads and looking at what is happening tonight it's getting increased and it would not have happened if Councilman Botelho hadn't put that issue of roads on the table.  

Councilman Botelho states when there was no bond voted on there was no plan B.  He just wanted to point out that as a body it's a crap shoot if they can't get their camp promises filled. 

Councilwoman Sousa states that when she is fighting for planting trees or mulch when there is money in the budget in that line item that is not being used its very frustrating. 

City Manager Chapman apologizes for the hold up.  He adds he has asked 4 or 5 times and doesn’t know why it still has not been done.

Councilman Faria makes a motion to move the $2.3 million from going into the synchronization fund and to place it in the capital improvement line item in the form of road repairs and to couple it with the $550,000 for a total of $2.85 million, the motion is seconded by Councilman Botelho and on a roll call vote the motion passes 4-1 with Assistant Mayor Britto voting Nay.

A motion to reduce the legal reserve fund from $500,000 to $150,000 for a total savings of  $350,000 (page 53) which would decrease the tax increase down to 1.83% is made by Councilman Faria, seconded by Councilman Botelho and on a roll call vote it is unanimous.   

Director Moore comes to the podium and asks for a motion to clarify the City Manager’s subsequent budget allocating about $250,000 for the road bond which the council agreed to but it was not officially removed.

A motion to remove the $250,000 allocated for the road bond in the City Manager’s original budget is made by Councilman Faria, seconded by Councilman Botelho and on a roll call vote is it unanimous.

Councilman Botelho makes a motion to take the remaining $1 million in the capital fund and place it for road construction (page 6)

The City Manager explains the capital budget is allocated on page 58.  There are capital improvements listed for those funds.  He lists the improvements such as $100,000 to the Odd Fellows rehabilitation incentive, $250,000 to replace a fuel tank that DEM mandates, $100,000 to the Forbes Street landfill closure for the solar project, $10,000 for equipment replacements, $90,000 for pick-up trucks and mowers, $100,000 for the pierce stadium ball field bathrooms, lighting, track, goal posts and flag pole, $200,000 for the silver spring parking lot which is part of the $800,000 to the schools.

Councilman Botelho withdraws the motion

The Council works on the budget line by line

Councilman Faria makes a motion to divert the $90,000 line item for trucks and scagmors and the $10,000 for roller trailers for a total of $100,000 to be transferred to the capital budget to be used for road construction, seconded by Councilwoman Sousa and on a roll call vote the motion passes 3-2 with Assistant Mayor Britto and Mayor Briden voting Nay.

Mayor Briden states that he wouldn't support taking money away from other items that are necessary he thinks they need balance and what they have set for roads is a good amount.

Director of Planning Diane Feather comes to the podium to explain the process in deciding on the requests for funding through that capital line item and the length of time working on these and the length of time some of them have been on the list.  She adds these have been really vetted by many people for months including department heads, the planning board, the planning department, the city manager and Director Moore and Mr. Luba and if Council continues to take from it they are almost zeroing out the capital budget.

Councilman Botelho states no one asked his for his recommendations.  He is not saying they are not needed but people that he knocks on doors of told him time and again what they want.

The City Manager states the total comes to just under $3 million without the capital funds.  This would take care of 11 critical roads in each ward adding that $2.285 was sufficient to cover this.

Mayor Briden states he would consider reversing this idea because it is not necessary.

Director Feather states the only reason she is at the podium addressing this is to let the council know that all the requests came in prioritized and programmed out over the next 5 fiscal years and they were told they could select projects up to $1.5 million.   Many could not be included as not much can be done $1.5 million.  Some have been on the list for 11 years such as the pick-up trucks which have been deferred for about 10 years.  The above ground fuel tank is required by DEM and the Forbes Street request by the lease.  The road resurfacing was raised to $550,000.

Mayor Briden states he doesn’t support making changes to the capital budget when the council doesn’t have all the information which have gone through a number of processes and they may be needed they may be needed even for safety reasons.

Councilman Faria states that $3 million was stated over and over again and asks how is it the $2.7 million is ok now.

Director Coutu states they can work with the $2.8 million.

Mayor Briden recommends reversing the $100,000 which was just pulled from the capital fund as based on the information provided it is not necessary.

Director Moore comes to the podium and states that if the council is done the next step would be to decide when the next public hearing will take place.

The Council decides the next public hearing will be at the next regular council meeting.

Councilwoman Sousa states before moving on she would like to bring up one more item that the nursery section of parks and recreation has a landscaper and she would like to add $5,000 to that budget to take care of parks.  She refers to page 38 line 56218 and asks instead of $10,000 there to move $5,000 to parks and recreation.  The trees she had donated and some of which the city paid for weren’t watered or mulched and they died.

Mayor Briden states he would need to know what the purpose is for the $10,000 which is there now.

Director Coutu states it's all for parks supplies, plants, shrubs and mulch $5,000 going to one park is a matter of if they can provide it to that park from that budget.  It’s just a matter of asking for materials.

Recreation Director Diane Sullivan is called to the podium by the City Manager regarding why the work has not yet gotten done.  She states that in half of that park the mulching has been done the two laborers and manager take care of 26 acres at pierce field and they will do more if they can.

Director Coutu states they can get it there, it has been an irrigation issue they don’t have access to water.

Councilwoman Sousa states there are 3 gentlemen there and they are not actively maintaining and its accountability at the end of the day.   The day to day things are not getting done.

XII.          ORDINANCES FINAL PASSAGE - PUBLIC HEARING

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

SECTION I.  Subsection (b) of Section 11-237 entitled “Service-connected disability” 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)  Such annuity shall be increased ten percent of such salary on account of each minor child of the member who is under age 18, payable until attainment of age 18, subject to maximum payment for the combined annuities to a member and minor children equal to 80 percent of salary. Legally adopted children of the member shall be considered for benefit hereunder on the same basis as children of the blood.  This only applies to each minor child, including in utero at the time the service connected annuity is approved.

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 Faria

A motion to approve the Ordinance for final passage is made by Councilwoman Sousa, seconded by Councilman Faria and on a roll call vote it is unanimous. 

B.     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 (a) of Sec. 11-239 entitled "Administration of disability annuities" of Chapter 11 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled "Personnel" is amended to read as follows:

(a)  The determination of a service-connected disability shall be made upon the basis of reports on examinations made by three physicians consisting of the city a physician selected by the city, a physician employed selected by the board and a third physician selected by the other two. board from a list of physicians maintained by a third party administrator hired by the city.  Each of the three physicians shall, to the extent practicable, specialize in the area of medicine reasonably related to the member’s alleged disability.

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:  Councilman Faria

A motion to approve the Ordinance for final passage is made by Councilman Faria, seconded by Councilwoman Sousa and on a roll call vote it is unanimous. 

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

SECTION I.  Section 11-241 entitled “Nonservice connected death” of Chapter 11 of the Revised Ordinances of the City of East Providence, 1998, as amended, entitled “Personnel,” is amended by deleting it in its entirety.

Sec. 11-241. Nonservice-connected death.

Upon death of a member due to any cause other than an act of duty occurring while a member is in service, on sick leave with salary, on an approved leave of absence extending not more than six months continuously or while in receipt of a service retirement annuity or nonservice-connected disability annuity, if such member shall have at least three years of credited service, his surviving widow shall be entitled to an annuity. The annuity shall be equal to 30 percent of average final salary, increased one percentage point for each year of credited service above three years, up to a maximum amount equal to 50 percent of final average salary. Eligibility for such annuity shall be subject to the following conditions:

(1)    The widow shall have been married to the member at least one year prior to the date of death of the member or prior to the date of retirement on a service retirement annuity or nonservice-connected disability annuity, whichever occurs first and in any event while the member was in service.

(2)    The widow shall be at least 55 years of age, otherwise commencement of payments on the annuity shall be deferred until the widow attain such age.

(3)    The annuity shall terminate in any event upon remarriage, and any change in marital status thereafter shall create no rights for the widow to any annuity or any other payment from the system.

(4)    The minimum payment to a widow in any case shall be 30 percent of average final salary, and the maximum shall be 50 percent of such average final salary.

a.    If a widow has an unmarried minor child in her care under age 18, payment of the widow's annuity shall begin immediately regardless of whether the widow shall have attained age 55. In such a case, the annuity for the widow shall be increased ten percent of final average salary on account of each such minor child, provided that the maximum payment on account of a widow and children shall not exceed 60 percent of final average salary. If such limitation is exceeded, all annuities shall be prorated to conform therewith.

b.    Payments on account of minor children shall terminate upon their attainment of age 18, death or marriage, whichever first occurs. If a widow remarries, the annuity on account of each minor child shall be increased to 15 percent of final average salary, subject to a limitation of 50 percent of final average salary to all minor children.

c.    Should payments on account of minor children terminate before the widow attains age 55, the annuity to the widow shall be suspended until the widow attains age 55.

d.    Minor children shall include children of the blood and adopted children, provided that the proceedings for adoption shall have been initiated at least one year prior to the date of death of the member.

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 Faria

A motion to approve the Ordinance for final passage is made by Councilman Faria, seconded by Councilwoman Sousa and on a roll call vote it is unanimous. 

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

            SECTION I.  Section 11-246 entitled “Same-Officers and their duties” of Chapter 11 of the Revised Ordinances of the City of East Providence, 1998, as amended, entitled “Personnel,” is amended by deleting therefrom the following:

 (3)  The city treasurer, ex officio, shall be treasurer of the system and shall have custody of its monies and securities; all disbursements by the system shall be made by the treasurer upon authorization of the board;

 (6)  A medical director shall be appointed to pass upon medical questions pertaining to claims received by the board and on any other matters requiring medical advice that may arise in administration.

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 Faria

A motion to approve the Ordinance for final passage is made by Councilwoman Sousa, seconded by Councilman Faria and on a roll call vote it is unanimous. 

XIII.       LICENSES NOT REQUIRING PUBLIC HEARING

XIV.       NEW BUSINESS

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

2.      RFQ for Contractors regarding Riverside Rec Field Parking Lot

City Manager Chapman requests approval of an RFQ for 8 contractors.  The City Manager lists all eight.  He recommends prequalifying the 8 for the Riverside Recreation Parking Lot.

Councilman Faria asks when it will be completed and the City Manager responds in the spring.

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

3.      School Committee Request for Approval of Final Tentative Agreement between East Providence School Committee and the Administrative Assistants (Secretaries) Union (EP Educational Secretaries/NEARI)

The City Manager deferred this item to the next meeting. 

4.      School Committee Request for Approval of Final Tentative Agreement between East Providence School Committee and the Custodians Union (Council 94)

The City Manager deferred this item to the next meeting. 

B.     Reports of Other City Officials

1.Claims Committee Report (by City Solicitor Gregory Dias)

Pursuant to R.I.G.L. § 42-46-5(a)(2), a motion is made by Councilwoman Sousa and seconded by Councilman Botelho to convene in closed session for the purposes of discussing claims & litigation.  Upon a roll call vote:  Councilman Botelho – Aye, Assistant Mayor Britto – Absent, Councilman Faria – Aye, Councilwoman Sousa – Aye, Mayor Briden – Aye, the motion is approved 4-0.

            EAST PROVIDENCE CLAIMS COMMITTEE

            CLAIMS & LITIGATION REPORT

            TUESDAY, OCTOBER 3, 2017; 6:15 P.M.; ROOM 101

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

            NEW CLAIMS

AMERICAN COMMERCE INS. CO.         $6,579.81

(INS: LOUIS & JOAN CHIANESE)

RM No. 17-060, Claim No. 17-043

Claim for damage to insured’s property sustained when a Water Department employee replaced a water meter without shutting off the water at the street.  Recommend referral to the insurance carrier.

Motion by:  Councilman Faria                        Seconded by:  Councilwoman Sousa

Motion:  Refer the claim to the insurance carrier.

ARBELLA MUTUAL INS. CO.      $5,532.00

(INS: JENNIE GREEN)

RM No. 17-055, Claim No. 17-044

Claim for property damage to insured’s vehicle sustained as a result of an accident with a police vehicle.  Recommend referral to the insurance carrier.

Motion by:  Councilman Faria                        Seconded by:  Councilwoman Sousa

Motion:  Refer the claim to the insurance carrier.

SEAN LARIVIERE  $576.63

RM No. 17-062, Claim No. 17-045

Claim for personal injury (broken thumb) sustained by claimant’s son while participating in the Recreation summer camp at Silver Spring Park.

Motion by:  Councilman Faria                        Seconded by:  Councilwoman Sousa

Motion:  Deny the claim.

ROSE MARY MACDONALD         $49,674.87

RM No. 15-126, Claim No. 17-042

Claim for personal injury sustained when a vehicle struck claimant while walking across a dimly lit portion of road on Newport Avenue.  Recommend referral to insurance carrier.

Motion by:  Councilman Faria                        Seconded by:  Councilwoman Sousa

Motion:  Refer the claim to the insurance carrier.

SEWER CHARGE ABATEMENTS

STEVEN CHECRALLAH    $5,441.64

Request for a sewer charge abatement for the property located at 153 Worcester Avenue in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilwoman Sousa                  Seconded by:  Councilman Botelho

Motion:  Approve the sewer charge abatement in the amount of $5,441.64.

DAVID FERRIERA  $257.50

Request for a sewer charge abatement for the property located at 41 George Street in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilman Faria                        Seconded by:  Councilwoman Sousa

Motion:  Approve the sewer charge abatement in the amount of $257.50.

DONNA LYONS      $198.15

Request for a sewer charge abatement for the property located at 26 Charlotte Street in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilman Faria                        Seconded by:  Councilwoman Sousa

Motion:  Approve the sewer charge abatement in the amount of $198.15.

FRANK PERRI (TRUSTEE FOR JULIA MASSAT)          $289.98

Request for a sewer charge abatement for the property located at 77 Tryon Avenue in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilman Faria                        Seconded by:  Councilwoman Sousa

Motion:  Approve the sewer charge abatement in the amount of $289.98.

MARY JANE QUATTRUCCI          $411.34

Request for a sewer charge abatement for the property located at 412-418 Waterman Avenue in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilman Faria                        Seconded by:  Councilman Botelho

Motion:  Deny the sewer charge abatement.

MICHELLE ROBBINS        $190.53

Request for a sewer charge abatement for the property located at 125 Mauran Avenue in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilman Faria                        Seconded by:  Councilwoman Sousa

Motion:  Approve the sewer charge abatement in the amount of $190.53.

LEONARD & BERNICE SOUSA   $192.89

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

Motion by:  Councilman Faria                        Seconded by:  Councilwoman Sousa

Motion:  Approve the sewer charge abatement in the amount of $192.89.

CHRIS SUCHMANN           $1,081.20

Request for a sewer charge abatement for the property located at 197 Hatton Street in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilwoman Sousa                  Seconded by:  Councilman Botelho

Motion:  Approve the sewer charge abatement in the amount of $1,081.20.

A motion is made by Councilman Faria, seconded by Councilwoman Sousa to adjourn at 7:58 p.m. and reconvene in open session.  Upon a roll call vote, the motion is approved 4-0.

A motion to approve the Claims Committee Report is made by Councilman Botelho, seconded by Councilman Faria and on a roll call vote it is unanimous. 

C.    Report of School Committee Liaison

There is no School Committee Liaison Report.

D.    Introduction to Ordinances

1.   AN ORDINANCE IN AMENDMENT OF CHAPTER 9 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “MISCELLANEOUS OFFENSES”

SECTION I.  Chapter 9 of the Revised Ordinances of the City of East Providence, Rhode Island 1998, as amended, entitled “Miscellaneous Offenses” is amended by adding thereto the following:

Sec. 9-19.  Property Damage Graffiti

(a)                No person shall write, spray, scratch or otherwise affix graffiti to any natural or man-made surface on any city owned property or on any non-city owned property without the prior consent of such other person.

(b)               Public or private property shall include any building, bridge fence or other structure, any street, alley, sidewalk, or other vehicular or pedestrian right-of-way, any article of street furniture, lamppost, bus shelter, newspaper box, or trash receptacle, any tree, rock, or other natural fixture, any utility or public service equipment, or any other personal property located outdoors, whether publicly or privately owned.

(c)                Graffiti is defined as any inscription, word, figure, painting or other defacement that is marked, etched, scratched, sprayed, drawn, painted or engraved on or otherwise affixed to any surface of public or private property by any graffiti implement, to the extent that the graffiti was not authorized in advance by the owner or occupant of the property, or despite advance authorization, is otherwise deemed a public nuisance by the hearing officer.

This section shall not be construed to prohibit easily removable chalk markings on public sidewalks and streets used in connection with traditional children’s games.

(d)       Graffiti implement is defined as any aerosol paint container, broad tipped indelible marker, gum label, paint stick or graffiti stick, etching equipment, brush or other device capable of scarring or leaving a visible mark on any natural or man-made surface.  Nothing in this section is meant to prevent or discourage residents or visitors from fully utilizing any public facility such as a playground, recreation facility or other public building or schooling structure owned or operated by the City for artistic activities.

(e)        Any minor or adult violating any provision of this section shall be fined in the amount of $250.00 and/or fifty (50) hours of community service for the first offense and $350.00 and/or one hundred (100) hours of community service for the second offense.  At least one (1) parent or guardian of a minor shall be in attendance a minimum of fifty (50) percent of the period of assigned community service.

(f)        In addition to any fines, a court shall order all violators to make restitution to the victim for damages or loss caused directly or indirectly by the violator’s offense in the amount or manner determined by the court.  In the case of a minor, the parents or legal guardian shall be ordered jointly and severally liable with the minor to make the restitution.  Failure of any violator or the parents or legal guardian to make payment will result in the filing of a lien on the violator’s or the parent’s or legal guardian’s property that includes the fine and administrative costs.

(g)        Police officers or any authorized officers may issue a citation for any violation of this section.  Multiple instances of graffiti shall be treated as separate violations.  In addition thereto, the city may initiate a civil action seeking injunctive as well as other relief to prevent violation(s) of this section.

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

Requested by:  Councilwoman Sousa

Solicitor Dias states that the City received a letter from the ACLU regarding the ordinance and they will defer item until it can discuss with the ACLU and reviewed.

2.   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 Nine Million One Hundred Sixty Four Thousand Five Hundred and Twenty One($109,164,521) 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, 2017 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, 2018 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 2018 and the 1st day of July, 2018 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, 2018, 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, 2018 shall carry until collected a penalty at the rate of twelve per centum (12%) per annum from the 1st day of June, 2018 upon said unpaid tax, however, said taxes may be paid in four installments; the first installment of twenty-five per centum (25%) on or before the 1^st day of July, 2018, the second installment of twenty-five per centum (25%) on or before the 1st day of September, 2018, the third installment of twenty-five per centum (25%) on or before the 1st day of December, 2018 and the fourth installment of twenty-five per centum (25%) on or before the 1st day of March, 2019.

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, 2019 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

Director Moore explains they can amend the number to adjust it to what was decided earlier in the meeting which will reduce it by $599,035.

The Solicitor explains it is first passage and therefore the ordinance can be amended. 

A motion to approve the Ordinance for first passage reflecting this adjustment is made by Councilwoman Sousa, seconded by Councilman Botelho and on a roll call vote it is unanimous. 

3.   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, 2018 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 Botelho, seconded by Councilwoman Sousa and on a roll call vote it is unanimous. 

4.   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, 2018 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 Councilman Botelho, seconded by Councilwoman Sousa and on a roll call vote it is unanimous. 

XV.          ADJOURNMENT

A motion to Adjourn is made by Councilwoman Sousa, seconded by Councilman Botelho and on a roll call vote it is unanimous. 

Approved By Council:   October 17, 2017

Attest:  _______________

                  City Clerk