SECTION VI. The Director of Finance and the Mayor are hereby authorized to issue the Bonds and Notes and deliver them to the purchaser and said officers are hereby authorized and instructed to take all actions, on behalf of the City, necessary to ensure that interest on the Bonds and Notes will be excludable from gross income for federal income tax purposes and to refrain from all actions which would cause interest on the Bonds and Notes to become subject to federal income taxes.

SECTION VII. The Bonds and Notes may be issued either alone or consolidated with other issues of notes or bonds of the City.

SECTION VIII. The City’s Director of Finance is authorized to execute and deliver continuing disclosure certificates in connection with the Bonds and Notes issued by the City, in such form as shall be deemed advisable by the City’s Director of Finance. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of each continuing disclosure certificate, as it may be amended from time to time. Notwithstanding any other provision of this ordinance or the Bonds or Notes, failure of the City to comply with any continuing disclosure certificate shall not be considered an event of default; however, any bondholder or noteholder may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this ordinance and under any continuing disclosure certificate.

SECTION IX. The Director of Finance and the Mayor are also authorized, empowered and directed, on behalf of the City, to: (i) execute, acknowledge and deliver any and all other documents, certificates or instruments necessary to effectuate such borrowing, including, without limitation, a Preliminary Official Statement, a final Official Statement, all in such form and with such provisions as such officer shall deem advisable; (ii) amend, modify or supplement the Bonds or Notes and any and all other documents, certificates or instruments at any time and from time to time, in such manner and for such purposes as such officers shall deem necessary, desirable or advisable; (iii) do and perform all such other acts and things deemed by such officers to be necessary, desirable or advisable with respect to any matters contemplated by this ordinance in order to effectuate said borrowing and the intent hereof.

SECTION X. This ordinance is an affirmative action of the City Council of the City of East Providence toward the issuance of Bonds and/or Notes in accordance with the purposes of the laws of the State. This ordinance constitutes the City’s declaration of official intent pursuant to Treasury Regulation Section 1.150-2 to reimburse the City’s General Fund for certain capital expenditures for the Project paid on or after the date which is sixty (60) days prior to the date of this ordinance, but prior to the issuance of the Bonds and/or Notes. Such amounts to be reimbursed shall not exceed $15,000,000, and shall be reimbursed not later than eighteen (18) months after (a) the date on which the expenditure is paid, or (b) the date the Project is placed in service or abandoned but in no event later than three (3) years after the date the expenditure is paid.

SECTION XI. No Bonds shall be issued pursuant to the authority of this ordinance until a majority of the electors of the City voting on the question has approved the referendum below. The question of the approval of the Bonds shall be placed before the qualified electors of the City of East Providence at the special election to be held on November 7, 2017, and shall be submitted in substantially the following form:

"Shall the issuance of up to $15,000,000 general obligation bonds of the City to finance the design, construction, repair, rehabilitation and improvement of streets and sidewalks in the City, including but not limited to, drainage, traffic control devices, safety improvements and landscaping, pursuant to Rhode Island General Laws Chapter 45-12 and Article IV of the City’s Home Rule Charter, be approved?"

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

Requested By: Councilman Botelho

Councilman Botelho explained that he placed this on the docket to address the abysmal road situation. Adding that he came to this after research in the amount of roads needing to be done. 65% of roads are either poor or fair. He knows that some people think this is a huge number and maybe they should get a couple of guys in a truck to address this like they did in the 1980s but unless they are Superman and Flash Gordon the magnitude of the problem is too huge. When people believe in something they invest in it and many people still believe in this city and he wouldn't have run if he didn't. If the people believe in it they need to invest in it. He adds that he has been asked why a bond. Once a bond is passed by the people those funds are locked in for that specific purpose and cannot be spent on anything else. From Rumford to Riverside they want this project to be done and this is the only real way to guarantee it gets done from one council to the next. Other council members are concerned and he understands that and it is kind of a big number and if the balance of the council doesn't feel it is worth moving forward there is always an option B. He adds that he didn't campaign on everyone getting raises or new vehicles he ran on the bad infrastructure. The city needs a new high school and middle school and to have the water tower refurbished. Option B would be that if they want $5 million a year they will have to find it in the budget. This might mean a salary freeze or a hiring freeze and layoffs. The constituency that wants to see the infrastructure get done never sees it. He is saying let the people decide or they can just get into the budget and they can take a draconian look at what they are spending and decide to put the money in the roads. He is fine either way.

City Manager Chapman explaines that they have a presentation on the roads. It would probably be $3 million per year and they also have it priced if done in house. Lately the capital budget has set aside $500,000 a year and that covers 8-9 roads. He has handouts and the information is put on the board and they will have it on the website. Adding there is a sad history here.

Erik Skadberg, City Engineer is also present. He notes the City Manager requested they put together a plan and the road condition plan before the council is the study they have done. The data is from phone calls received and pot hole filling and constituents calling and them and then they go out and confirm their roads are awful. The road map shows blue as excellent, green as good, yellow as fair and red as poor. They take the bad roads and repave them going down to the sub base and they have very good success with the longevity of these reclaimed roads. There are 35 miles of road and replacing them by getting their own guys and the specialized equipment it would require is very high and hard to maintain and they don't have the experience and mechanics to take care of the equipment. Working with a company the city could manage about $3 million a year. To get a good price from a contractor for one season is more difficult than if they had a dedicated funding source. They could coordinate better with the gas company as well and there are many miles in this city of cast iron pipe if they coordinate with them they are not going to have a duplication of effort and they could maybe contribute to the costs and the scheduling would be improved.

The City Manager states the cost for the bond would be $249,835 per year as the principal and interest payment and they can get an amortization schedule as well.

Assistant Mayor Britto asks if by the time they got to the fair roads would they then be bad.

Director Coutu states yes.

Councilman Faria asks if the budget was looked at to reduce spending in other areas.

City Manager Chapman states that he cut $5.1 million overall from what the department heads wanted to spend. He adds that without this bond they are probably looking at about 9 roads which can be repaired.

Councilman Faria asks if this will this affect other necessary borrowing such as TANS.

City Manager Chapman states it won’t affect TANS.

Councilman Faria asks if he feels this is the right way to go.

City Manager Chapman states that it will be up to the voters to decide in November.

Councilman Faria asks about the expected interest rate?

City Manager Chapman states that it is approximately $249,835.

Director Coutu explains that the infrastructure bank will make each loan amount so that it comes back to council for approval. So that even though the council approves $15 million each individual loan would need the council to approve the contract.

Councilman Faria states that he is concerned they have a number of contracts coming due.

Assistant Mayor Britto notes that he has no concerns regarding the bond but he does have concerns with having city workers pave roads if they don't have experience he doesn’t think that is a good idea. He asks how they going to get that personnel? Most of the people who work on this are union workers for these companies and make in excess of $30 an hour or more. What do they do with these people in the winter time? Over the past several years he hears time and again about the condition of the city roads. No one up here is more conservative than he is but there comes a time where they just need to take care of the infrastructure.

Councilman Faria states that no one up here is more passionate regarding the tax payers dollars and he feels there is a better way.

Under Public Comment:

Scott Scienzo, Woodbine Road (02915) Expresses concern stating that $3 million of the $15,000 per year is a payment of $250,000 and by the 5th year is it over a million dollars.

City Manager Chapman and the Finance Director both state that is correct.

Scott Scienzo adds that the city needs to take care of the kids first.

Councilman Britto notes that he hears what is being said with respect to the schools but at the last meeting they had with the school department even if they were to say they agree to building, how long would it take? There are two separate issues in the interim and something needs to be done with the roads.

Under Public Comment:

Dan Landry (02916) states that he has checked with Pawtucket and they are paving a lot of roads.

City Manager Chapman states that is a $15-$17 million dollar bond they took out for the work.

Mr. Landry asks about zero based budgeting, it starts from zero and the city has to justify what it needs.

Councilman Faria asks the DPW Director if they have looked at the costs to have their own pavers and equipment.

Director Coutu states yes and if they were looking at just paving roads but they are not looking at that they are at a point where to properly do these roads they have to gird them 6-8 inches down and compact and repave.

Councilwoman Sousa asks about just paying someone to grade, seasonal workers, who would know this. Adding, that by doing this they will have the men who can maintain the roads for years to come as she doesn’t feel the bond is the long term goal. It's a 5 year plan to get it done not a future plan.

Assistant Mayor Britto notes that in the long run it’s going to cost more doing it ourselves regarding equipment repairs and insurance. Adding, regarding seasonal workers who would want to work those hours, if they go with a company that does it all year round this is their business.

Councilman Faria notes that he understands what is being said but that it is not always true just look at Providence Place Mall.

Assistant Mayor Britto states they should be scaling back and cutting back but this would mean hiring.

Councilman Botelho states that it is not the direction the world is moving in. This is a perfect example of the direction the city should be moving in and it has proven to work in the business world. He supports the program supported by the experts in the public works department.

Assistant Mayor Britto states that 2 years ago they had this very same issue and they raised the taxes to purchase a piece of equipment to pave the roads and for the foundation for the Carousel, as well as for a fence at Kent Heights playground and work at the Kent Heights Library. They had an increase the taxes 1.4%.

Councilman Faria states that bonding roads is not new thinking and this is what they did before the budget commission came.

Councilman Botelho states that bonding is not old fashioned, Cranston, Providence, and Pawtucket have all done bonding recently for roads. Adding that is how they get large projects done in the municipal world today. If they go the other way and not for the bond he wants it known that he is not voting for an increase in anything because it is going for roads.

Councilman Faria states that there are contracts which are going to cost a significant amount of money as well as school funding.

Mayor Briden states that he believes in 5 year plans and feels a lot of good work has been done here and this discussion will not go to waste. He views this as an ongoing discussion and when he views decisions that include capital plans and that are comprehensive in nature he needs to know more about what they are going to be doing with for example buildings etc… and those issues aren't ripe yet. At the same time, he does think they need to do more for roads and improvements in a capital plan and these are better when handled over a long period of time with a balanced approach with all the variables known. They have a borrowing capital of about $120 million and it looks like they have an outstanding debt of $36 million with $83-84 million available but when incurring debt they would need to understand the fiscal impact and how it would impact them. In the 5 year multi plan and doing research on this over the past few years when they do that they have all the information in front of them. Right now they don't know what they are going to do with the high school and other buildings. There is good work to be done and this information and discussion is not going to waste and he views this as maybe it's the case that they have for a general election vote. They have bonds issued that really pertain to a more comprehensive plan for the city including roads and he supports the idea of doing it but he is not sure they should be doing it in house. Contracting out and not having to fill positions to operate more efficiently such as they do with garbage collection is conceptually what he supports and he thinks adoption of this plan later in this term, when they have all the information, would be better.

Councilman Botelho states that it does not appear that a majority will be in support so he will withdraw the item at this time.

VIII. NEW BUSINESS

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

1. Request for Approval of Agreement between City of East Providence and Local 850, IAFF, AFL-CIO

City Manager Chapman commends the Fire Fighter Union for being very professional and notes it wasn't easy but they agreed to a 5 year contact. Since the pension is in critical status and the city is at 57% and therefore they are allowed to do a 5 year contact per the state. Normally the state would allow 3 years. He notes different management rights were retained and stipends used as an incentive with the fire fighters and there is concession on pension and dental and he recommends approval.

Mayor Briden calls Mr. Luba forward and asks if he concurs.

Mr. Luba notes that he was involved in all the negations with City Manager Chapman and it is a fair contract. It is not a slam dunk for either side. He adds that 2% seems to be the standard and it is actually higher in North Providence where they are at 3 and in Providence where they are at 2.35 and in Newport and Warwick who are both at 2.5.

Councilman Faria applauds Mr. Luba and City Manager Chapman on the 5-6 month proposal adding that he is aware the union came in much higher than what was agreed upon and that if it failed they would be in arbitration which would have ended higher.

Assistant Mayor Britto notes that over the last several years he saw the overtime was increased substantially and his concern is that it doesn't continue to go up. He is looking to see that overtime number will be going down with the increase in manpower.

City Manager Chapman states Fire Chief Elmasian did request another academy and he denied that request this budget. There is a class graduating and they will come on board. Adding to keep however the Chief can't control retirements and they have decided to revisit the issue.

Assistant Mayor Britto asks if overtime is going up or down

City Manager Chapman states that the Chief is maintaining.

Councilman Botelho states that all employees including the firefighters do a great job and they all receive increases yet the capital budget never gets increased and those asking for new roads and schools don’t have an arbitrator to go to. If they take Mayor Briden's view and look at a 5 year plan it just never happens. He can't support this and not because he doesn’t support Fire Fighters but there comes a time where they have to stop speaking out of both sides of their mouths and they need to focus on infrastructure.

Councilwoman Sousa states that moving forward they have to address those issues such as underlying matters in the city infrastructure and tax years and she doesn’t feel confident and good about these raises and that voting on these contracts when they don't know what the budget from the schools is yet is not good and that she would rather have had it all up front. If you are doing your home budget you would have to see it all to budget effectively across the board.

Assistant Mayor Britto states that they are going to have to take a hard look at the budget with a magnifying glass, they just can't have it both ways.

Councilman Faria states that is exactly right they inherited 7 contracts to be completed in one year and that none of them campaigned on this but the option is the alternative which is they go to arbitration.

The City Manager reiterates the next step would be arbitration and he thinks this is a good contract and notes what they could risk a lot in arbitration.

Councilman Faria asks if it could be harmful to the taxpayers.

City Manager Chapman states yes. He calls Chief Elmasian to the podium.

Councilman Botelho asks how many applicants there are.

Chief Elmasian indicates that unfortunately they are not getting the applicants they used to get, they used to get a little more than the police. When he applied there were 1500 now they are lucky if they get 150.

Councilman Botelho states that 150 applicants is nothing to sneeze at its not like the teachers who are losing people to other communities.

Councilwoman Sousa states that the first round had more applicants.

Chief Elmasian acknowledged it did. He states arbitration is a crap shoot and that arbitration is only good for one year.

Councilman Botelho states the system is rigged and that is the comparison he is drawing the tax payer has nowhere to go and he is taking a stand here. He is tired of people not getting the roads done while everyone gets 2% raises.

Chief Elmasian states the city could take a big hit in arbitration as they are at low staff.

Councilman Botelho states there is no question they have a great fire department but what he doesn't understand is that since 1986 the budget has grown twice that of inflation and there were more people then and he would like to know how this happens.

Mayor Briden states that a lot of what he is saying has a lot to do with RI General Law and the framework they have to work with. Those cities and towns are operating in that same framework, the fire fighters arbitration act, in order to address what is being said they would really have to change the system itself. Other cities and towns also have their increases. The city operates in this framework and the city risks a lot if it goes to arbitration and what they are subjecting the city to with those risks is not in the city’s best interest financially.

A motion to approve the Fire Fighter Contract is made by Councilman Faria, seconded by Assistant Mayor Britto and on a roll call vote the motion passes 4-1 with Councilman Botelho voting Nay.

2. Auto Excise (Car Tax) Reimbursement Information

City Manager Chapman explains the car tax issue and calls City Assessor Steve Hazard, Finance Director Malcolm Moore and Financial Advisor Paul Luba to the podium. City Manager Chapman explains that they are the only city not reimbursed this year for car taxes and this is putting the city a year behind everyone else and Councilman Botelho put a resolution forward to try to address this and the city has put something forward via legislation.

Assessor Steve Hazard passes out a chart showing the phase out over 6 years. He notes the state adjusts 4 different category percentages, retail value, rate capital, exemption floor etc… the resolution provides a catch up. The vision is if this can get passed through the legislature that next year those in East Providence will get the same as the rest of state. If not when they get to 2024, when all the other phase outs are complete, East Providence will have another year.

Councilwoman Sousa thanked Councilman Botelho for putting this item on the docket.

The Resolution on Auto Excise Tax is moved to this location for a vote.

B. Resolutions

1. RESOLUTION REQUESTING AN AMENDMENT TO THE MOTOR VEHICLE TAX PHASE OUT

WHEREAS, the State of Rhode Island has initiated a motor vehicle tax phase out beginning in fiscal year 2018; and

WHEREAS, the City of East Providence has a distinct fiscal year separate and apart from the other 38 cities and towns in Rhode Island; and

WHEREAS, the City Council of the City of East Providence is requesting that the Rhode Island legislature and the legislative representatives from the City of East Providence request and approve an adjustment to said motor vehicle tax phase out to allow the citizens of East Providence to catch up with the other cities and towns so all communities in the state are on track to phase out the motor vehicle tax at the same time.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of East Providence requests that the Rhode Island legislature and the legislative representatives from the City of East Providence prepare and introduce an amendment to said motor vehicle tax phase out to allow the City to implement year one and two of said motor vehicle tax phase out in East Providence Fiscal Year 2018 (State of Rhode Island Fiscal Year 2019) and allow the City to receive reimbursement for years one and two in East Providence Fiscal Year 2018 so the City will be on schedule with all other cities and towns.

Requested by: Councilman Botelho

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

3. Capital Budget FY 2017-2018 presentation

4. Introduction of Proposed FY ’17-’18 Budget, schedule and workshop dates

City Manager Chapman states that the budget the council has in front of them was what was recommended and what was approved by the planning department. He calls Wayne Barnes to the podium. He goes over the process the capital budget goes through and outlines the memo he supplied to council.

5. Emergency Preparedness Information

6. Fire Department Hazardous Materials Emergency Preparedness Grant Award

7. Road Plan and Discussion

Discussion regarding road repairs and if the State can reimburse for roads like Pawtucket Avenue and would the reimbursement be given right away or is it only repaid in the year the State would have otherwise done the work. The City Manager and the Director of DPW will meet with the state later in the month and the Mayor asks that they return at the October 3^rd meeting with a report to Council on the reimbursement plan.

Councilman Botelho asks if that date the State keeps giving the City for Pawtucket Avenue keeps getting pushed out and Director Coutu states it is and the cause may be that the funding may be going more to bridgework right now.

Mayor Briden discusses the synch tax year issue and deciding when that should happen and if the funds go back in, in a short period of time that synch could still be a focus.

8. Senior Center Designated Grant Award

C. Reports of Other City Officials

1. Claims Committee Report of August 24, 2017 and September 5, 2017(by City Solicitor Gregory Dias)

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

D. Report of School Committee Liaison

There is no School Committee Report. However, the Mayor states that he has been speaking with the Chairman and he will inform him of the workshop and invite him.

E. Introduction to Ordinances

1. AN ORDINANCE IN AMENDMENT OF CHAPTER 10 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “NUISANCES”

SECTION I. Subsections (2), (4), (9), (10) and (16) of Section 10-51 entitled “Prohibited; unnecessary noise standard” of Chapter 10 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Nuisances” are amended to read as follows:

(2) Radios, phonographs, etc. The using, operating, or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person who is in the room, vehicle or chamber in which such machine or device is operated and who is voluntarily listening thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 76:00 a.m. in such a manner as to be plainly audible at a distance of 50 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section;

(4) Yelling, shouting, etc. Yelling, shouting, hooting, whistling, or singing on the public streets, particularly between the hours of 11:00 p.m. and 76:00 a.m. or at any time or place so as to annoy or disturb the quiet, comfort, or repose of persons in any office, dwelling, hotel or other type of residence, or of any persons in the vicinity;

(9) Loading, unloading, deliveries, opening boxes. The creation of an unlawful noise resulting indirectly or directly from any loading, unloading, or delivery to any party that generates sound within ~~or projects sound into~~ a residential use district between the hours of 67:00 p.m. and 76:00 a.m. or any other loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers;

(10) Construction or repair of buildings. The erection (including excavation), demolition, alteration or repair of any building other than between the hours of 76:00 a.m. and 67:00 p.m. on weekdays, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the building inspector, which permit may be granted for a period not to exceed three days or less while the emergency continues, and which permit may he renewed for periods of three days or less while the emergency continues. If the building inspector should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways within the hours of 67:00 p.m. and 76:00 a.m., and if he further determines that loss or inconvenience would result to any party in interest, he may grant permission for such work to be done within the hours of 67:00 p.m. and 76:00 a.m., upon application being made at the time the permit for the work is awarded or during the progress of the work;

(16) Pile drivers, hammers, etc. The operation between the hours of 10:00 p.m. and 76:00 a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise;

SECTION II. Subsection (c) of Section 10-53 entitled “Decibel provisions” of Chapter 10 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Nuisances” is amended to read as follows:

(c) Classification of use districts: Residential, manufacturing, commercial. It is unlawful to directly or indirectly cause a sound or noise, excluding noise emanating from cars, trucks or motorcycles, from one property into another, generated within ~~and/or projected into~~ the boundary of a use district which exceeds either the limiting noise spectra set forth in Table I below, or exceeds the ambient noise level by more than three decibels.

SECTION III. Section 10-53 (after Table I) entitled “Decibel provisions” of Chapter 10 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Nuisances” is amended by adding thereto the following:

(5) For the purposes of this section, daytime is defined as 6:00am to 7:00pm.

SECTION IV. Subsection (5) (after Table II) of Section 10-53 entitled “Decibel provisions” of Chapter 10 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Nuisances” is amended to read as follows:

~~(5)~~(6) If the noise occurs between the hours of 10:00 p.m. and 76:00 a.m. on Monday through Saturday or at any time on Sunday or holidays, seven shall be subtracted from each of the decibel levels given in Table I.

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

Requested by: Councilwoman Sousa

Councilwoman Sousa notes there is a slight amendment regarding the project into as it was not clear where the levels would be measured at the site or where it was being heard and then action taken based on that. Also, what was considered daytime it was 6am-7pm which this is an hour difference from the original ordinance.

Solicitor Dias informs the Council that although this has been on before in various forms this version is first passage.

A motion to approve the Ordinance for First Passage is made by Councilwoman Sousa, seconded by Councilman Faria and on a roll call vote the motion passes 3-1 with Assistant Mayor Britto and Mayor Briden voting Nay.

IX. ADJOURNMENT

A motion to Adjourn at 9:00PM is made by Councilwoman Sousa, seconded by Councilman Faria and on a roll call vote it is unanimous.

I. EXECUTIVE SESSION

II. OPEN SESSION

III. CALL TO ORDER

IV. SALUTE TO THE FLAG

V. PUBLIC COMMENT

VI. COUNCIL MEMBERS

VII. PUBLIC HEARING - ORDINANCES FINAL PASSAGE

VIII. NEW BUSINESS

IX. ADJOURNMENT