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.      Nicholas A. Andreozzi

2.      David R. Dextradeur

3.      Joseph Goncalo

4.      Pamela Hagy

5.      Donald Marshall

6.      Thomas Riley

B.     Sewer Charge Abatements

1.      Steven Checrallah

2.      Evaristo & Sharon DeMelo

3.      David DoSoito

4.      Four Rivers, LLC

5.      Joseph Goncalo

6.      Claudia Pierce

7.      Beverly Taylor

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).

II.                OPEN SESSION

III.             CALL TO ORDER

IV.             SALUTE TO THE FLAG

V.                BUDGET WORKSHOP

The Superintendent provides a power point presentation.  Regarding the budget preparation they will continue the practice of a line item budget which they started last year.  

Assistant Mayor Britto states it is good to see the before and after pictures.  It’s not so difficult when taxes are raised when there is something tangible like this and they can see how great it looks.  He adds the schools are heading in the right direction.  It isn't easy.  It's a lot of work especially getting the life and safety issues up to speed.

Councilman Botelho states he appreciates the report.  It was very enlightening.  He did a survey last summer when he was running and one of the surprises at the time was how satisfied they were with the school system, 74% said very or somewhat which was really incredible and thank you.  

Mayor Briden states they mentioned a 5 year capital plan and asked if that is that the one from the spring.

The Superintendent replies yes and that would turn to a 10 year plan and it will be completed by October 15^th and a 5 year budget plan.  This will include levels of state aid coming in and the leveling off of 5 years is projected in that.

The City Manager thanks the Superintendent and the Finance Director as well as the School Department for providing such a detailed report.   He adds, the School Department is in the business of teaching not construction and if that can change around so that the schools can teach the children it would be great.  He applauds them for continuing to work at this but unfortunately the state has often pitted the school committee and the city council against each other for the funds.  He states the next Budget Workshop will be Thursday at 7:00PM for the next workshop as Mr. Luba cannot make it on Wednesday.  They can to go over the city budget and the school budget on Monday, September 25th at 6:00PM with a vote on school budget first and the city council workshop second.

VI.             TO APPROVE THE CONSENT CALENDAR

A.    Letters

VII.          COMMUNICATIONS

A.    Tom J. DeFalco, 68 North Carpenter Street (02914) requesting to address the Council regarding decorum of City Council at last City Council meeting. 

Mr. DeFalco states he is recently retired and at the least he has appalled at what seeing.  He adds is this the west wing?  There is nothing about schools.  He graduated from East Providence and all he saying is he knows a lot people in East Providence and he worked on a lot of elections and he tries to do his best.  People have to have common sense and to all those here can’t they get along?  All this business with the tapes etc… this sounds like Nixon.  If someone doesn’t like this that is fine he is retired but when he sees what he saw he hopes they can get the gist of what he is saying.   Work together and if you don't like each other work together as a city is a business.  

B.     Stephen Costa, 264 Warren Avenue (02914) requesting to address the Council regarding a block party for his 9 year old daughter’s birthday party-carnival theme to be held on September 23, 2017 from 12:00PM-6:00PM, request is to block South Sharon Street. 

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

VIII.       PUBLIC COMMENT

A.    Scott Scienzo, Bond

B.     Tom Riley, Bond

IX.             COUNCIL MEMBERS

A.     My Commitment to Rebuild East Providence Infrastructure, Tangible Results on Behalf of the Taxpayers (by Councilman Botelho)

Councilman Botelho notes this was discussed at the last meeting and in an effort to find a way to deal with the bad condition on the roads, whether they be state or city, he feels they ought to explore this.  This is money they will get back and it will fix these bad conditions.

Mayor Briden notes they discussed this at some length at the previous meeting and following the school’s lead they intend to find a way to fix the infrastructure in the city.

B.     Authorization for the City Manager to negotiate with the R.I. Department of Transportation for a Memorandum of Agreement regarding repair of state roads in East Providence by the City with reimbursement to the City for said repairs (by Councilman Botelho)

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

X.                APPOINTMENTS

A.    Traffic Control (by Mayor Briden)

Richard E. DelleFemine Sr., 29 Linden Avenue (02916)

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

B.     Conservation Commission (by Mayor Briden)

Greg Burnett, 304 Wilson Avenue (02916)

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

XI.             ORDINANCES FINAL PASSAGE

A.  CORRECTIVE ORDINANCE AMENDMENT CHAPTER 664, BOOK 22, PAGE 3

AN ORDINANCE IN AMENDMENT OF CHAPTER 19 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND 1998, AS AMENDED, ENTITLED “ZONING”

            SECTION I.  Section 19-95 entitled “Districts Designated” of Article III entitled “District Regulations,” is hereby amended as follows:

            The following three parcels of land shall be included in an Industrial 2 (I-2) zoning district:

Parcel 1.10 on Assessor’s Map 709, Block 2, presently located in an Open Space 1 (O-1) District ; and

former state right-of-way property, comprised of two parcels that are without a zoning district designation and which are delineated further as:

Parcel 1, a 6,667 square foot parcel, River Road (formerly School Street) and shown on RIDOT Plat #168, and Parcel 2, a 13,599 square foot parcel, River Road (formerly a portion of the Wampanoag Trail as shown on State Highway Plat 1005 and recorded in the City of East Providence Land Evidence Records as Plat Card 717, Plan Book 42, Page 64).

The Zoning Map of the City of East Providence shall be amended accordingly.

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

Requested by:  AAA Northeast

Solicitor Dias explains the ordinance was passed with a hearing unfortunately when the resolution was entered there was a missing lot, it was a scrivener’s error the hearing and publication etc… were all previously done.

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

B.  AN ORDINANCE AUTHORIZING THE CITY OF EAST PROVIDENCE  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 BY THE ISSUANCE OF NOT  MORE THAN $15,000,000 BONDS AND NOTES THEREFOR

WHEREAS, in the interest of public health and safety, the City of East Providence (the “City”) desires to undertake 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 (the “Project”) and to finance the Project through the issuance of bonds;

            WHEREAS, the estimated maximum cost of the Project is $15,000,000;

            WHEREAS, the period of usefulness of the Project, as determined by the City Engineer and as approved by the City Manager, is expected to be approximately fifteen (15) years;

            WHEREAS, the net general obligation debt of the City (secured by the full faith and credit and taxing power of the City) as of October 31, 2016 was $28,123,690, and after the issuance of the Bonds is expected to be approximately $43,123,690, and the Bonds will be within all debt and other limitations prescribed by the Constitution and laws of the State of Rhode Island.

NOW THEREFORE, THE CITY COUNCIL OF EAST PROVIDENCE HEREBY ORDAINS:

SECTION I.  In addition to sums heretofore appropriated, the sum of $15,000,000 is appropriated to finance the Project.

SECTION II.  Pursuant to Rhode Island General Laws Chapter 45-12 and Article IV of the East Providence Home Rule Charter, the Director of Finance and the Mayor are authorized to issue general obligation bonds of the City in an amount not to exceed $15,000,000 (the “Bonds”) in order to meet the foregoing appropriation.

SECTION III.  The said officers from time to time may issue and refund not exceeding $15,000,000 interest bearing or discounted Notes in anticipation of the issue of said Bonds.

SECTION IV.  The manner of sale, forms, amount, denominations, maturities, conversion or registration privileges, interest rates, and other conditions and details of the Bonds and Notes authorized herein shall be fixed by the said officers.  To the extent of any inconsistency between Article IV of the Home Rule Charter and Chapter 45-12 of the Rhode Island General Laws, the General Laws shall control.  The City may enter into a financing and/or other arrangements with the Rhode Island Infrastructure Bank, and with respect to such agreements, if any, the City may elect to have the provisions of Title 46, Chapter 12.2 of the Rhode Island General Laws apply to the issuance of Bonds or Notes hereunder.

SECTION V.  The City Council hereby authorizes the Director of Finance and the Mayor, acting on behalf of the City, to issue the Bonds and Notes for the purposes set forth herein and to take all actions as they deem necessary to effect the issuance of the Notes and Bonds.  The Bonds and Notes shall be issued by the City under its corporate name and seal or a facsimile of such seal.  The Bonds and Notes shall be signed by the manual or facsimile signature of the Director of Finance and the Mayor.

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 states this was the ordinance on the last meeting which was withdrawn and the reason it is back on is simply that he couldn't believe the amount of people who contacted him disappointed that he withdrew it and as a result it reminded him of the survey he did.  Those that called him let him know that he asked them what they wanted and they told him and he backed down.  He has reviewed this and the interesting thing is it covered all parts of city government.  The survey wasn't bad frankly except for one thing infrastructure, roads and sidewalks etc… over 90% were dissatisfied.   At the end he asked for their general thoughts in the comment box quite a few had to do with how horrible our roads are.  This just confirms they are concerned regarding the condition or our infrastructure.  They asked him to put this up for a vote because they want a chance to vote regardless of how the council feels individually.  It may cause a tax increase but let's let people decide.  He adds that he feels we have just simply ignored the tangible things people look for.   We have a problem that people are concerned about a bond issue is the only way to ensure it will go solely to the roads.   We need to show people some tangible results for the taxes they pay and he moves for approval.  

Councilwoman Sousa states that as a whole they all agree with the people.  Obviously it is going to take a lot for this to get done.  This is not the right election to get this done.  People don't show up to primaries.  This might be best for next year’s election.  We have a lot to trim in the budget and it is a matter of what we want to do in the budget and collectively.  We can put this towards the roads long term yes but what are we doing now.  Looking at line items and trimming and putting it towards the streets would be best. 

Councilman Faria states that when he saw this item back on the docket he spent 4 hours with the finance director reviewing bonds.  He met with the City Manager and Paul Luba.  It is not something he takes lightly.  Every member of the council is sensitive to the roads but we also have to sensitive to how much the taxpayer can bear.   Before we put this on the ballot we need to know what rate would be.  The funding is going to be leveled.   That's going to come out of taxpayer’s pockets.  

The City Manager states the bond would be up to $15 million for probably no more than $3 million a year through the RI Infrastructure Bank.  

Councilman Faria states that is as of now but rates fluctuate.

The City Manager states that is correct they could go up or they could go down.

Councilman Faria states there is approximately $550,000 in the capital budget and he asks about the sync fund.

The City Manager states they can do what they want with the sync fund.

Councilman Faria asks about the 35 miles of road.

The City Manager states there are about 35 miles most of which are in poor condition. 

Councilman Britto states that regardless how they look at it whether this passes or not there is going to be a tax increase.  This will be the 3rd projected year.   Last year they took it from it the sync fund.  It is not a savings account.  At some point they are going to have to make a decision on the sync fund.  He was always in favor.  Kicking the can down the road can’t continue an dit's just a matter of time before they eliminate the sync fund.   He will not vote for a tax increase.  They need to stop the bleeding and look at the expenses. They need to look at this budget more seriously and he has been saying this for years.

Councilman Faria states the city never faced 9 contracts due in one year.  They have been in office 9.5 months.  The City Manager is proposing a 2.16% tax increase.   Originally it was to be 2.49% with the bond.  He is a property owner.  He is not a rich man.   It would cost them nothing to go into the fund and they could have tangible results and there is no guarantee this will pass.  They are going to have a strong mayor in January who is going to come in with their own vision.

Councilman Botelho states if they vote for a bond issue this would specifically dedicate the funds to the roads.  They have to back it up with action.  If not they could spend this money on other things and not just on roads.  He is not voting for pay raises because all this is going to go into the roads.

Councilwoman Sousa states it is not just streets. It goes further into other things.   People don't read line by line.

Mayor Briden states this is an interesting question.  When they discuss the bond vs a onetime use of the sync fund the question is whether they would borrow money to make that one time sync fund contribution and if the answer is no that would weigh in the 10 year plan for a school multi-year budget plan.  Once that plan is complete they have a better sense of all of it.  He commends Councilman Botelho for wanting to address the capital needs and roads.  It is the right thing to do.  No doubt about it.  He feels they should revisit it this winter or spring when they have more information and look at the options which will exists.  Voters making a decision is different then voters making a choice between roads and buildings as a standalone issue.  They aren't making a choice between limited resources this way and there needs to be an overall plan that aligns multi-level plans on both sides’ city and school.  

Assistant Mayor Britto states that when they did this last time it was only a onetime thing and after this council they could say that again too.

Councilwoman Sousa states she wants to trim the budget to find money for this.

Councilman Faria states he has been glued to this issue and he doesn't want to tax people out of the city and the question is what can the tax payers bare.

A motion to approve is made by Councilman Botelho, seconded by Assistant Mayor Britto and on roll call vote the motion fails 3-2. 

XII.          LICENSES REQUIRING PUBLIC HEARING

XIII.       LICENSES NOT REQUIRING PUBLIC HEARING

XIV.       NEW BUSINESS

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

The City Manager makes an announcement that the NBC Nightly News at 6:30 did a feature on Hasbro Children’s Hospital and the East Providence Police Department flashing lights, which they do every night, the City Manager will obtain a copy and this put up on the city’s website and Facebook page.  He gave a big thank you to the East Providence Police Department. 

B.     Reports of Other City Officials

1.   Claims Committee Reports of September 11 and September 19 (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 Faria to convene in closed session for the purposes of discussing claims & litigation.  Upon a roll call vote:  Councilman Botelho – Absent, Assistant Mayor Britto – Aye, Councilman Faria – Aye, Councilwoman Sousa – Aye, Mayor Briden – Aye, the motion is approved 4-0.

            EAST PROVIDENCE CLAIMS COMMITTEE

            CLAIMS & LITIGATION REPORT

            TUESDAY, SEPTEMBER 19, 2017; 6:15 P.M.; ROOM 101

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

            NEW CLAIMS

NICHOLAS A. ANDREOZZI         $259.18

RM No. 17-056, Claim No. 17-032

Claim for property damage to vehicle sustained as a result of striking a gas cover on Willett Avenue.  See recommendation of the Director of Public Works.

Motion by:  Councilman Faria            Seconded by:  Councilwoman Sousa

Motion:  Refer the claim to National Grid.

DAVID R. DEXTRADEUR $982.77

RM No. 17-059, Claim No. 17-037

Claim for property damage to vehicle sustained as a result of striking a pothole on New Road.  See recommendation of the Director of Public Works.

Motion by:  Councilman Faria            Seconded by:  Councilman Britto

Motion:  Deny the claim.

JOSEPH GONCALO            $404.43

RM No. 17-070, Claim No. 17-040

Claim for property damage to vehicle sustained as a result of striking a recessed manhole cover on Warren Avenue.  See recommendation of the Director of Public Works.

Motion by:  Councilman Faria            Seconded by:  Councilman Britto

Motion:  Deny the claim.

PAMELA HAGY      $157.76

RM No. 17-068, Claim No. 17-038

Claim for property damage to vehicle (punctured tire) sustained as a result of debris left in the driveway from a dumpster that was placed there by a City contractor.  See recommendation of the Director of Public Works.

Motion by:  Councilman Britto           Seconded by:  Councilman Faria

Motion:  Refer the claim to Parker Property Solutions.

DONALD MARSHALL       Unspecified

RM No. 17-071, Claim No. 17-041

Claim for personal injuries sustained as a result of a slip and fall on broken asphalt at the end of Beach Road.  Recommend referral to the insurance carrier.

Motion by:  Councilman Britto           Seconded by:  Councilman Faria

Motion:  Refer the claim to the insurance carrier.

THOMAS C. RILEY $3,200.00

RM No. 16-118, Claim No. 17-039

Claim for water/sewer bill overcharge due to a faulty meter.  See recommendation of the Director of Public Works.

Motion by:  Councilman Faria            Seconded by:  Councilwoman Sousa

Motion:  Defer the claim.

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:  Councilman Faria            Seconded by:  Councilwoman Sousa

Motion:  Defer for additional information.

EVARISTO & SHARON DeMELO $82.27

Request for a sewer charge abatement for the property located at 112 Elder Avenue in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilman Faria            Seconded by:  Councilman Britto

Motion:  Approve the sewer charge abatement in the amount of $82.27.

DAVID DoSOITO     $7,732.80

Request for a sewer charge abatement for the property located at 133 Cushman Avenue in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilman Britto           Seconded by:  Councilman Faria

Motion:  Approve the sewer charge abatement in the amount of $7,732.80.

FOUR RIVERS LLC $2,359.26

Request for a sewer charge abatement for the property located at 8 Dover Avenue in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilman Britto           Seconded by:  Councilwoman Sousa

Motion:  Approve the sewer charge abatement in the amount of $2,359.26.

JOSEPH GONCALO            $1,027.50

Request for a sewer charge abatement for the property located at 58-60 Anthony Street in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilman Britto           Seconded by:  Councilwoman Sousa

Motion:  Approve the sewer charge abatement in the amount of $1,027.50.

CLAUDIA PIERCE  $53.56

Request for a sewer charge abatement for the property located at 9 Holland Avenue in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilman Faria            Seconded by:  Councilman Britto

Motion:  Approve the sewer charge abatement in the amount of $53.56.

BEVERLY TAYLOR            $91.28

Request for a sewer charge abatement for the property located at 6 Judkins Street in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Councilman Britto           Seconded by:  Councilman Faria

Motion:  Approve the sewer charge abatement in the amount of $91.28.

A motion is made by Councilwoman Sousa, seconded by Councilman Britto to adjourn at 6:50 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 Faria, seconded by Councilwoman Sousa and on a roll call vote the motion passes 4-1 with Councilman Botelho voting Nay due to the fact that he was not in attendance. 

XV.          ADJOURNMENT

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

Approved By Council:  October 3, 2017

Attest:  _____________

               City Clerk