CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
July 24, 2018
6:45 P.M.
Council Chambers, City Hall, 145 Taunton Avenue, East Providence, RI 02914
6:45 P.M. Council May Call An Executive Session, Room 101
7:30 P.M. Open 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. Brian Faria
2. Angela Antonian
3. Church of the Epiphany
4. Hiroad Assurance Company
5. Cesar A. Lubrano
6. John Mello
7. Patricia Olean
B. Pending Claims
1. Pierce Field Vandalism
2. Agawam Hunt (AKA Agawam Hunt Club) vs. Steven Hazard, Tax Assessor for the City of East Providence CA NO PC-2018-0080
C. Sewer Charge Abatements
1. Rhonda Cherry
2. Michael Gagnon
3. Winchester Wood and Park LLC
D. Litigation
1. Update from outside counsel and discussion of strategy regarding Brian Faria vs. East Providence City Council, et al, Case No. PM-2018-4406
Mayor Briden calls the meeting to order at 7:46PM.
Solicitor Dias announces the city has received communication from the developer regarding the Platt Waters buildings on Hoppin and Burnside avenues and the suggestion had been made to them to possibly change the development to mirror the community with single family lots and the developer has gotten back to the city with a plan reflecting this discussion. This new plan has not yet been viewed by people in the neighborhood and instead of hearing this item today there is a plan and drawing which can be seen in the lobby. There will be no decisions made today. This is a different proposal from the last proposal of 33 units.
The developer’s attorney Michael Resnick of 128 Dorrance Street, Providence is present. He states the suggestion by the council required him to go back to his client and change the development to single family and the revised PSA was sent to the Solicitor this week. They have gone from 33 to 18 units. They would be on 5000 square foot lots and would be changing from an R2 to R4. He has brought a depiction of the development and in the neighborhood now 70 percent of existing lots are 5000 square feet. The new development is in the general character of the neighborhood.
The Council asks that he show the photos.
The Solicitor notes that it is a new plan and none of neighbors have seen this one and therefore it is difficult to ask questions and he would suggest deferring this to next meeting so Council can view and people in the neighborhood can see it and then bring it back to the August 21st Council meeting.
A. Letters
1. CRMC Meeting Notice Thursday, July 26, 2018, 5:00PM URI Coastal Institute Hazards Room, Vineyard Wind Proposal.
2. CRMC Semi Monthly Meeting Agenda.
3. CRMC July Calendar.
4. Resolution Town of Newport supporting legislation putting the RI School Bond Issue on the November ballot.
5. Resolution Scituate School Committee supporting legislation putting the RI School Bond Issue on the November ballot.
B. Cancellation/Abatements
1. Cancellation/Abatement
| Year | Amount |
| 2018 | $39,903.57 |
| Total | $39,903.57 |
2. Cancellation/Abatements/Board of Review
| Year | Amount |
| 2018 | $2,485.80 |
| Total | $2,485.80 |
C. Alcoholic Beverage Class F
1. Holy Ghost Brotherhood of Charity, Annual Feast, July 20, 21 and 22, 2018, 59 Brightridge Avenue (02914), Lidia M. Alves.
2. Teofilo Braga Club, Feast of the Holy Ghost, July 13, 14 and 15, 2018, 26 Teofilo Braga Way (02914), John Perry.
D. Alcoholic Beverage Class F-1
Our Lady of Loreto, Fundraiser/Benefit, July 28, 2018, 346 Waterman Avenue (02914), Jailson Feitosa.
E. One Day Entertainment
Holy Ghost Brotherhood of Charity, Annual Feast, July 20, 21 and 22, 2018, 59 Brightridge Avenue (02914), Lidia M. Alves.
F. Council Journals
1. Council Journal Regular Meeting June 19, 2018
2. Council Journal Executive Session June 19, 2018
3. Council Journal Special Meeting June 20, 2018
4. Council Journal Special Meeting June 27, 2018
5. Council Journal Special Meeting Executive Session June 27, 2018
A motion to approve the Consent Calendar is made by Councilman Botelho, seconded by Assistant Mayor Britto and on a roll call vote it is unanimous.
G. Council Journals
1. Council Journal Executive Session June 20, 2018
A motion to approve the Council Journal Executive Session, June 20, 2018 is made by Councilman Botelho, seconded by Councilwoman Sousa and on a roll call vote the motion passes 4-0, Councilman Faria not included in roll.
A. Damian Ramos, 78 Vine Street (02914) requesting to address the Council regarding Pierce Field Court Renovation.
B. Geoffrey Smith, 14 Meadowbrook Lane, Mattapoisett MA (02739) requesting to address the Council regarding the Narragansett Bay Half Marathon and 5K on October 16, 2018.
C. Donald T. Cunard and Sherry A. Clarke, 3040 Pawtucket Avenue, Apartment 104-A requesting to address the Council regarding Cedarhurst Apartments - Bayview School – Bradley Childrens Hospital traffic issues.
Donald Cunard and Sherry Clarke come to the podium and explain it is their 3rd time coming in front of the council. The live at Cedarhurst Apartments on Pawtucket Avenue diagonally across from Bradley and next to Bay View School. They note it is a very dangerous area and they have had many near head-on collisions and this is very worrisome for them. It is very frustrating and they have reached out and spoke to Representative Amore and he said he was going to talk to the Council and also request a police presence. The problem is that this is only sporadic and it doesn't stop the problem. They feel between 7:30AM and 9:00AM is the worst time in the morning and between 4:30PM-6:00PM in the evening. Captain Francisconi spoke with them and he was very pleasant and stated he would see about having police cars there. Traveling there you have to wrench your neck to see. Before they left to come here someone stopped at stop sign and cars were beeping at the person who stopped. The road splits from one lane and goes to two lanes and the speed drops from 35 to 30 miles per hour and people are coming 55 to 60 miles per hour.
Councilman Botelho agrees noting it is the same issue that they have on a somewhat smaller scale at the Gristmill and finally RIDOT engineered it. The police are not a permanent solution. The issue is the State has to look at this and we have had a tough time getting the State to do anything in this city. He doesn't know what they have to do to get this looked at or done but states they can talk to Representative Amore again and can interview those who are running for state senator and maybe they can get some action to address this.
Mr. Cunard asks if he can speak to the Governor and the response is yes.
Councilwoman Sousa states that regarding the signs she did put forward in the past and DPW was going to be looking at this, the different prices of flashing LED signs and it would be good to have this safety feature for all the residents.
Acting City Manager Parella states that a lot of time it is compliance. It is definitely an engineering issue and with the angle taken currently a person needs a rubber neck to see what is happening and coming around that curb and there is not a lot of time to react. Many state they will risk the ticket because they cannot see and notes that if they stop at the stop sign they are taking their life into their hands. Bringing it out to a 90 degree with a stop sign would solve that. It's a big engineering problem and that is the long term answer. There is one of the flashing signs now near the Carousel. There was a similar issue going from Willett Avenue onto Pawtucket Avenue and accident after accident happened and finally RIDOT made a modification and shifted all going northbound over to the side. Sometimes a simple engineering change does make a difference. They can certainly assist and DPW can speak to RIDOT. However, he still believes in a police presence at times.
Mr. Cunard brings up cameras at lights like Providence has.
A. Chrissy Rossi, 87 Shore Road (02915) – Hoppin/Burnside
B. Peter Spicola – Hoppin/Burnside
C. Tom Riley, 3620 Pawtucket Avenue (02915) – Can vs Should
A. Carousel Park Commission Alternate - 4 (by Assistant Mayor Britto)
Dennis Thibault, 90 Cedar Avenue (02915)
A motion to approve the Appointment is made by Assistant Mayor Britto, seconded by Councilwoman Sousa and on a roll call vote it is unanimous.
B. Carousel Park Commission Alternate 5 (by Assistant Mayor Britto)
Lumena Rodrigues, 128 Smith Street (02915)
A motion to approve the Appointment is made by Assistant Mayor Britto, seconded by Councilwoman Sousa and on a roll call vote it is unanimous.
C. Traffic Control (by Assistant Mayor Britto)
Anthony Teixeira, Jr., 12 Coombs Street (02916)
A motion to approve the Appointment is made by Assistant Mayor Britto, seconded by Councilwoman Sousa and on a roll call vote it is unanimous.
D. Affirmative Action (by Assistant Mayor Britto)
Carole Brown, 99 Goldsmith Avenue, Apt. 1014 (02914)
A motion to approve the Appointment is made by Assistant Mayor Britto, seconded by Councilwoman Sousa and on a roll call vote it is unanimous.
A. National Night Out (by Assistant Mayor Britto)
Assistant Mayor Britto reports that National Night Out is scheduled for Tuesday, August 7 on the Sweetland House grounds from 5-7pm and it is free and open to public and there will be a bouncy house, food trucks and music.
B. Update on Dog Park (by Assistant Mayor Britto)
Assistant Mayor Britto states he reviewed this with the DPW director and one of the locations they are looking at is off New Road. It is not approved yet but is a location suitable for a dog park. It is adjacent to Skate USA and would only require the removal of some shrubs. There already exists a 10 foot high fence from the former tennis courts. It would be a minimum clearing job of shrubs but they would keeping the trees for shaded areas for the dogs. He will be speaking with area residents about this.
C. Traffic/Speeding Concerns (by Assistant Mayor Britto)
Assistant Mayor Britto states that one of the biggest issues he hears about are speeding cars going through stop signs. He is going to ask that the city address these for resolutions. He constantly hears this and unfortunately people think the stop signs resolve this and it doesn't. This week or next week he is scheduling a meeting to seek some resolutions with speeding in the city as this is a big concern as he canvasses and he has heard it in the past as well.
D. Movie Night in Freedom Green (by Assistant Mayor Britto)
Assistant Mayor Britto states there is a movie night scheduled for August 4th which is a Saturday evening at Freedom Green and ATR Treehouse will be helping with the setup of movie night. He requests a meeting with the Acting City Manager to go over any traffic concerns with police and fire as well.
E. Status report - 2779 Pawtucket Avenue (by Councilman Botelho)
Councilman Botelho states this property is an eyesore in Kent heights and it sits next to Liberty Tax on the intersection of the Wampanoag Trail. This has been an ongoing issue for 1.5-2 years. In January, he pursued the issue via the City Manager’s Office and a number of violations were issued to the owner in January and then in February and he was told that it would be knocked down sometime in May. The water was cut off but as of late July nothing else had happened. Now it is almost August and there it sits. It is a dangerous situation and he can't believe it has continued to go on this long. A house fire could happen or the tarp which is on the roof and is holding on by a thread could blow off and onto a passing car. It is a danger. He adds that he followed up with the Acting City Manager last week and the Solicitor who was kind of enough to show the action in terms of a bond but there is no certain date as to when this building is going to come down. He wants to know when it is coming down.
Director Coutu comes to the podium and states the demo permit and the bond was a bond for the water service to cut off the water in the street and allows the city to move forward with the demo. They pulled the demo permit late last week and he has been told the work will be done in two weeks and they will get quotes from other contractors in case this one doesn't follow through.
Councilman Botelho asks if something will be done by the next meeting and Director Coutu states it will. Councilman Botelho instructs the City Clerk to continue the item to the next meeting.
F. Status report - "Welcome to Kent Heights" sign - corner of Wampanoag Trail and Pawtucket Avenue (by Councilman Botelho)
Councilman Botelho reports the State removed the sign a number of months ago and he thanks Director Coutu for making it his mission to get it back and putting his engineering skills to good use to get the sign back in place.
Director Coutu states it has been frustrating as they have the sign now as it was retrieved from RIDOT who has requested what they call a physical alteration permit application and an assessment that the sign would not prohibit any traffic which Director Coutu states he determined there was not any and put his engineering stamp on the form. They requested details on the posts and how the sign sits and he did that and put his engineering stamp on those. He has been with them since mid-May working on this and he received a report from their staff engineers that is was ok and has been moved to the Chief Engineer for final approval.
Councilman Botelho requests the City Clerk place this item on the next docket for an update.
G. Comments regarding policy and budget processes for the remainder of 2018 (by Councilman Botelho)
Councilman Botelho states that a couple meetings ago he requested budget workshops so what happened last session would not happen this session where certain priorities are listed and then when the Council wants to address these they are told it is very difficult to do. With contractual issues and going out to bond and a change in the form of government as well as ongoing requests through the budget knowing how this place looks in terms of personnel is important. He doesn't want to be sitting here in late August or late September not knowing what is going on. Hopefully, they can get something in a workshop to begin to address in a format that is constructive and get feedback from department heads. He would ask that they please try to facilitate this.
Acting City Manager Parella states that he reviewed the Council minutes and spoke to Paul Luba and Malcolm Moore and if they are able to stick to a tentative schedule it looks like there will be at least one if not two workshops above and beyond what has been done in the past and he plans to work on this long before its time to present.
Councilman Faria requests that since they are all here in session now to just set a date and get working.
Acting City Manager Parella states that as soon as he can get the information from each department head as they have received their budget information, they are working on each department as well as the budget for the new mayor’s office. They will be meeting with every department head very soon.
Councilman Botelho states not to drag this out with changes there will probably need to be policy changes and it will not be as simple as in the past.
H. Roads to be Paved (by Councilman Faria)
Councilman Faria calls Director Coutu to the podium and Director Coutu states they are moving south to north. They are working right now on Legion Way and are in the Waddington area also.
Councilman Faria asks what the time frame will be before there is a top coating.
Director Coutu states next week they will be doing that and then going to be moving up to Mercer and 7th and Moran Avenue next week, then back to Bullocks Point and Shore Road area and then the remainder of Riverside Argyle Avenue and then Kent Heights and then Rumford in September.
I. Residents Unfairly Being Overcharged in Car Taxes Values (by Councilman Faria)
Councilman Faria states while walking the ward two weeks ago many people invited him in to see their tax bill and felt they were overcharged and are waiting to file an appellate process can the Acting City Manager explain what this is.
Acting City Manager Parella states this is the first he is hearing of this.
Councilman Faria asks if he could look into it and get in touch with him tomorrow.
A. B Full Privlege Vict
JKP, Ltd DBA Paquette’s Family Restaurant, 315 Waterman Avenue (02914), Jeffrey Paquette, 173 Waterman Avenue (02914).
Kimberly Paquette testifies and notes they are open 11:00AM-11:00PM Monday through Thursday and Saturday 8:00AM-11:00PM and Sunday 8:00AM-9:00PM and they are closed on Mondays.
A motion to approve the License is made by Councilwoman Sousa, seconded by Councilman Faria and on a roll call vote it is unanimous.
A. Peddler
The Burrito Bowl, 809 Broadway (02914), Hipolita Thimas, 21 Fenwood Avenue, Smithfield (02917)
A motion to approve the License is made by Councilwoman Sousa, seconded by Assistant Mayor Britto and on a roll call vote it is unanimous.
B. Vict Not Over 50
Toumasian East Side Diner DBA East Side Diner, 615 Waterman Avenue (02914), Arman Toumasian, 15 Holgate Street, Cranston (02920).
A motion to approve the License is made by Councilwoman Sousa, seconded by Councilman Faria and on a roll call vote it is unanimous.
C. Vict Not Over 25
J. Enterprises, Inc. DBA Taunton Avenue Irving, 155 Taunton Avenue (02914), Cheryl L. Pimental, 21 Hilltop Street, Bristol (02809).
A motion to approve the License is made by Councilwoman Sousa, seconded by Assistant Mayor Britto and on a roll call vote it is unanimous.
D. Vict Not Over 25 – Change of Location
CSA Donuts, Inc. DBA Dunkin Donuts, from 2371 Pawtucket Avenue to 3300 Pawtucket Avenue (02915), Aida Arruda, 21 Jane Howland Place, Seekonk, MA (02771).
A motion to approve the License is made by Councilwoman Sousa, seconded by Councilman Botelho and on a roll call vote it is unanimous.
1. AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “VEHICLES AND TRAFFIC”
Dispense with the reading of the ordinance is made by Councilman Faria, seconded by Councilwoman Sousa and on a roll call vote it is unanimous.
SECTION I. Section 18-307 entitled “Parking prohibited at all times” of Article X entitled “Stopping, Standing and Parking” of Chapter 18 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Vehicles and Traffic” is amended by adding thereto the following:
Fort Street (south side) between South Broadway and Fisher Street
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
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.
2. AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “VEHICLES AND TRAFFIC”
Dispense with the reading of the ordinance is made by Councilwoman Sousa, seconded by Assistant Mayor Britto and on a roll call vote it is unanimous.
SECTION I. Subsection (b) of Sec. 18-269 entitled “Stop and yield intersections designated; when stops required” is amended by adding thereto the following:
Lyon Avenue (northbound and southbound traffic) at Juniper Street
SECTION II. This ordinance shall take effect upon second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Councilwoman Sousa
A motion to approve the Ordinance for Final Passage is made by Councilwoman Sousa, seconded by Assistant Mayor Britto and on a roll call vote it is unanimous.
3. ORDINANCE OF THE CITY OF EAST PROVIDENCE APPROVING THE FINANCING OF COMPLETION OF THE CONSTRUCTION OF THE SIX MILLION GALLON WATER TOWER, INCLUDING A TRIHALOMETHANE REMOVAL SYSTEM AND ALL ATTENDANT EXPENSES AND APPROVING THE ISSUANCE OF WATER REVENUE BONDS AND NOTES THEREFOR IN AN AMOUNT NOT TO EXCEED $2,000,000
Dispense with the reading of the ordinance is made by Assistant Mayor Britto, seconded by Councilwoman Sousa and on a roll call vote it is unanimous.
WHEREAS, in the interest of public health and safety, the City of East Providence (the "City") desires to complete the construction of the six million gallon water tower, including a trihalomethane removal system and all attendant expenses in connection therewith, hereinafter referred to as the "Project";
WHEREAS, the City desires to issue an amount not to exceed Two Million Dollars ($2,000,000) water system revenue bonds (the "Bonds") or interest bearing or discounted water system revenue notes (the "Notes") in anticipation of the issue of said Bonds of the City, at one time, or from time to time for the purpose of evidencing the borrowing described above;
WHEREAS, Chapter 46-12.8 of the Rhode Island General Laws, pursuant to which the Bonds or Notes will be issued, provides that notwithstanding any municipal charter to the contrary, all local governmental units shall have the power to issue local governmental obligations payable solely from drinking water system revenues pursuant thereto without limit as to amount, and the amount of principal and premium, if any, and interest on the obligations shall not be included in the computation of any limit on the indebtedness of the local governmental unit or on the total taxes which may be levied or assessed by the local governmental unit in any year or on any assessment, levy, or other charge made by the local governmental unit on any other political subdivision or instrumentality of the State of Rhode Island;
WHEREAS, notwithstanding the foregoing provisions of Chapter 46-12.8 of the Rhode Island General Laws, the City desires to comply with the requirements set forth in Section 4.27 of the City Charter with respect to the issuance of bonds to the extent possible;
WHEREAS, the estimated maximum cost of the Project is $2,000,000;
WHEREAS, the period of usefulness of the Project is expected to be fifteen (15) years;
WHEREAS, the net debt of the City is not affected by the issuance of the Bonds or Notes as the Bonds and Notes will not be general obligations of the City but will be payable solely from drinking water system revenues.
NOW THEREFORE, BE IT ORDAINED BY THE CITY OF EAST PROVIDENCE that:
SECTION 1. The sum of Two Million Dollars ($2,000,000) is appropriated for the purpose of financing the Project.
SECTION 2. In accordance with Chapter 46-12.8 of the Rhode Island General Laws, the Mayor and the Director of Finance are hereby authorized to borrow an amount not exceeding Two Million Dollars ($2,000,000) from the Rhode Island Infrastructure Bank ("RIIB"), and to evidence such loan, such officers are hereby authorized to issue and refund on behalf of the City the Bonds, at one time, or from time to time in order to meet the foregoing appropriation.
SECTION 3. The said officers from time to time may issue and refund the Notes in anticipation of the issue of said Bonds.
SECTION 4. The Bonds and Notes shall be payable solely from drinking water system revenues. The City may issue bonds, notes, or other obligations on a parity with these Bonds as provided in the Trust Indenture (defined below). The manner of sale, amount, denominations, maturities, conversion or registration privileges, interest rates, medium of payment, and other terms, conditions and details of the Bonds or Notes may be fixed by the officers authorized to sign the Bonds or Notes.
SECTION 5. Pending the issuance of the Bonds under Section 2 hereof or pending or in lieu of the issue of Notes under Section 3 hereof, the Director of Finance, at the written direction of the City Council, may expend funds from funds of the City including the General Fund for the purposes specified in Section 1 hereof. Any advances made under this section shall be repaid without interest from the proceeds of the Bonds or Notes issued hereunder or from the proceeds of applicable federal or state assistance or from other available funds.
SECTION 6. The Mayor and the Director of Finance are also authorized, empowered and directed, on behalf of the City, to: (i) execute, acknowledge and deliver a Supplemental Indenture (the "Supplemental Indenture") amending and supplementing the Trust Indenture dated April 1, 2004 by and between the City and U.S. Bank National Association (the "Trust Indenture"), and any and all other loan agreements, documents, certificates or instruments necessary to effectuate such borrowing; (ii) amend, modify or supplement the Trust Indenture, such Supplemental Indentures, the Bonds or Notes and any and all other loan agreements, 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) direct the Trustee with regard to investments of trust funds pursuant to the Trust Indenture, and (iv) 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 7. The Mayor and the Director of Finance are hereby authorized to deliver the Bonds or Notes 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 or 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 or Notes to become subject to federal income taxes.
SECTION 8. This Ordinance is an affirmative action of the City Council of the City toward the issuance of the Bonds and 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 §1.150-2, to reimburse the City 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 or Notes. Such amounts to be reimbursed shall not exceed Two Million Dollars ($2,000,000) and shall be reimbursed not later than eighteen (18) months after the later of (a) the date on which the expenditure is paid or (b) the date on which the Project is placed in service or abandoned but in no event later than three (3) years after the date on which the expenditure is paid.
SECTION 9. The Mayor and the Director of Finance are authorized to take all actions necessary to comply with federal tax and securities laws including Rule 15c2-12 of the Securities and Exchange Commission (the "SEC Rule") and to execute and deliver a Continuing Disclosure Certificate in connection with the Bonds or Notes in the form as shall be deemed advisable by the Mayor and the Director of Finance in order to comply with the SEC Rule. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the 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 the 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 Section and under the Continuing Disclosure Certificate.
SECTION 10. 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
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.
A. City Managers Report (by Acting City Manager Christopher J. Parella )
1. Welcome to the New Director of Library Services Michael Carlozzi
Acting City Manager thanks Elaine Socha former Director of Library Services for her service and welcomes Michael Carlozzi the new Director of Library Services. The City Manager also thanks Joyce May for serving as the Acting Director in the interim.
Michael Carlozzi thanks the City Manager and the Council and let all know he can’t wait to start.
2. Unauthorized Use of City Email and Electronic Data
Acting City Manager Parella discusses the city’s computer and electronic policy and notes everything that is derived from the city is the property of the city of East Providence and as the current CEO of the city he will take whatever means necessary to protect the integrity and confidentiality of the city. This information should not and will not be released again. They know there is an appetite for this kind of thing and they respect freedom of speech as well. All council members were given this policy and signed or not anyone who uses our data is subject to this policy including city employees, elected boards and commission and volunteers and appointments must use all the data in accordance with this policy. His scope of authority allows him to discipline and it applies to city workers and elected officials. They cannot only monitor they can deny and restrict access if he feels it is necessary. There is a process for everything and information which they feel needs to be released there is a process for that it is called an APRA request. The city decides if they can or can't be released. Anyone who uses our data and it has gone on for a long time, is subject. It can be used to get back at someone who doesn't like their boss, solicitor or what anyone has done and it is not going to be tolerated. It takes resources to find who leaks this information and he will use these to restrict this as it has been a problem for a long time. He asks Council to please set an example.
Councilman Faria states that he appreciates him addressing this. He asks if their emails are being monitored.
Acting City Manager Parella states not to his knowledge but he cannot answer to that in the past but the city reserves the right to do so as there is a procedure to follow in order to monitor.
Councilman Faria asks if he is aware of any emails being monitored in the past between council members.
Acting City Manager Parella states not to his knowledge.
Councilman Faria asks if he did would he take action.
Acting City Manager Parella states it would depend who and why and if it is not in the criteria of this policy he would take action.
3. Renewable Energy (Net Metering) Preferred Bid Negotiation
Acting City Manager Parella reports the city looked into this and he immersed himself in it and it does constitute a big savings. They have also talked about converting to LED streetlights however they would be talking about drastically changing the usage in order to set up with net metering. They would have to have an idea of consumption and power. He spoke with Paul Luba and Steve Coutu as well as the Purchasing Agent and what the Council is looking at tonight is to make Green a preferred vendor so the City can negotiate and create a contract and really work on it and bring it back to the council in a short amount of time and let the council decide if they want to pursue. He would like to see if the Council has a flavor for a 25 year contract. He is looking at a new school energy efficiency and converting facilities existing now to LED and at Martin gym they are seeing already that their consumption has gone down. The city can secure this contract and negotiate and have the school as a place holder when they feel their variables are controllable. He feels if they take this action tonight and negotiate a contract he thinks they can hammer something out and keep the schools as a placeholder.
Councilwoman Sousa states there is a lot to catch up on and she appreciates the Chief and is excited that the school is moving forward with LED lights. She feels the city is moving in the right direction and ultimately saving money. The money they save on these things can go back to the budget to other areas which can benefit. She thanks the Chief.
Councilman Botelho states that he has a question about this as with other issues which have been before the council he doesn't understand how they can negotiate with vendors when they don't have contracts in front of them. Green notes in small print it is indicative only and not meant to guarantee savings. Sometimes the conditions and terms are more important than a price and he is not approving anything without a contract to look at.
Acting City Manager Parella acknowledges he spoke to those who were involved in the bid process and they have chosen this vendor as the best vendor. They are ready to go now and there is nothing else for the city to do they want to bring back a contract that will show the council exactly what they pay and what they use and if it goes up if usage goes down and to have flexibility in the contract.
Councilman Botelho states the purchasing agent forwarded all the information totaling about 1000 pages and he got through some but would like to know if the owner of the company sells to an offshore company and what if electricity gets so low they cannot meet the amount. What if for example he made his home energy efficient and the bill goes up, the transmission and distribution charges go up. He doesn't want to put any company in a position to make a deal with the city and not allow the others.
Assistant Mayor Britto asks doesn't this give the City Manager the opportunity to look at these and to review terms and conditions so the Council can have the opportunity to vote.
City Manager Parella states that is correct and that is what they want to do they don't want to spend a lot of time on lease agreements. There are people here who were involved in the past with this issue and these are some of the questions he has but can’t have answered until they hammer out the contract. Those involved would be himself, Lt Nelson, Paul Luba, DPW Director and the Purchasing Agent and he wants to bring this back to the Council with answers.
Councilman Botelho asks why he needs their permission to do that.
City Manager Parella states he feels he needs to know that the council is in agreement this is the vendor the city is going to use.
Councilman Botelho states the Purchasing Agent sent him the information and it is about 1000 pages and he can't even really make that decision because he hasn't vetted the data provided and that in the past and the purchasing office would negotiate and then it would come back to Council.
The City Manager adds that if he can move forward without that then there would be a more condensed detail to read.
Assistant Mayor Britto notes that he looked at it just the opposite as to have him pursue this adding that he had some questions and concerns regarding the terms and that will be brought back so that is fine.
Mayor Briden states the purpose for seeking a motion is to get a response from the Council that it is something they are interested in having the City Manager pursue.
A motion to approve is made by Assistant Mayor Britto, seconded by Councilwoman Sousa and on a roll call vote the motion passes 3-2 with Councilmen Botelho and Faria voting Nay.
4. Update on LED Conversion
The City Manager states regarding the LED conversion ultimately they are looking at when the Budget Commission came in they shut off 20 percent of the street lights. From a public safety standpoint it was an issue of quality of life. Regarding an increase in crimes he can't give the numbers but he certainly would like to see those which were shut off come back on to bring back 20 percent more illumination and with new clean, efficient LED lighting. The service contract alone is 60 percent of the bill some of the obstacles such as pending litigation, contesting paying to convert the state roads however until Johnston resolves this if East Providence is going to move forward they would just buy these and be prepared to bring to the council this plan. National Grid wants $200,000 to convert.
Councilman Faria states regarding the state roads, Johnston in 2009 stood alone. He doesn't know why Tim stopped paying the state roads. He realizes about Conley’s office who is also the Solicitor in Johnston. At the second meeting there were a lot of upgrades done and going off a net book value the last price $200,000 with just maintenance they are at over $400,000 and a net savings of at least $400,000.
City Manager Parella states they are not being held up by the state roads when they bring this to the council they are already going to piggy back with Pawtucket who initiated litigation to negotiate with the Grid to bring the $200,000 down and the attachment clauses. They will negotiate that amount and those attachment policies. The PUC has to give an answer in 90 days. Dylan already has started this and if they don't' think they are getting anywhere they are going to pull out and could get that number way down. Once they file, Hinckley and Allen will immediately negotiate with us. If not we will pull out and move forward. There is a substantial savings and that is acknowledged and every month we lose out on this but we do need to do our due diligence.
Councilman Faria states that it is the same purchase and sales agreement all other municipalities have signed and that East Providence is not getting singled out. Other cities and towns never contested like East Providence is doing and if we don't have to be locked in why the delay.
City Manager Parella states he owes it to the council to at least pursue and come back to them with a proposal sooner rather than later and move forward. Dylan has initiated the action and he has a very good grasp on it and it will be filed on the 30th and 90 days from then, at the most, his intent is to move forward without delay.
Councilman Faria asks that the item be put on the next Council docket for an update.
5. Update on City Council Chambers Upgrade
The City Manager informs the Council that the two new monitors are installed. The council had directed administration to be more electronically advanced in the chambers and the monitors are now affixed to the walls. They are not in use yet but this will come as the project develops and should be ready sooner rather than later.
6. Purchase and Sales Agreement Hoppin and Burnside Avenues – Old Platt Waters Property – Review and Possible Approval
This item was discussed earlier on the docket.
7. Approval of Audit Report 2016
David Hanson Audit Supervisor for PP & A is present. He notes it has been a pleasure working with the staff in East Providence over the last few years 5 years. In total they had over 200 audit adjustments and staff have made this process a lot easier. He goes through a handout he provides to Council.
Assistant Mayor Britto asks what the free cash listing is and is this the synch fund.
Director Moore states that the term free cash means it is undesignated and then there is also the synch fund which is going to the bond money and the $10 million will be going into the capital fund for road.
Assistant Mayor Britto asks if they will they be able to replenish some of that money.
Director Moore states yes that part of the strategy was the $2.2 million to $2.3 million will be going to the school bond and the increase is probably going to be around 3 percent. If they go to 4 percent in about 4 years they will already have money set aside and will not need to increase taxes for the bond.
Assistant Mayor Britto asks if that will be considered free cash at that time and Director Moore responds this is correct.
Councilman Botelho asks what on the government balance sheet under other the non-major balance of $5 million is.
Director Moore states these are special revenue funds designated for grants for a specific area. He also adds that a hard copy of the audit as well as a PDF will be provided and that on page 93 they can view all the grants.
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 Councilman Botelho and seconded by Councilman Britto to convene in closed session for the purposes of discussing claims & litigation. Upon a roll call vote: Councilman Botelho – Aye, Assistant Mayor Britto – Aye, Councilman Faria – Absent, Councilwoman Sousa – Absent, Mayor Briden – Aye, the motion is approved 3-0.
EAST PROVIDENCE CLAIMS COMMITTEE
CLAIMS & LITIGATION REPORT
TUESDAY, JULY 24, 2018; 6:45 P.M.; ROOM 101
====================================================================
NEW CLAIMS
Councilwoman Sousa arrives at the meeting.
BRIAN FARIA
RM No. 18-076, Claim No. 18-048
Claim for indemnification under R.I. Gen. Laws Secs. 45-15-5 & 45-15-16 for payment of legal expenses which may be incurred during an investigation of misconduct and litigation docketed as Brian Faria v. East Providence City Council, PC-2018-4406.
Motion by: Councilman Britto Seconded by: Councilman Botelho
Motion: Deny the claim.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | √ |
| Nay | | | | |
| Abstain | | | | |
| Absent | | | | |
ANGELA ANTONIAN Unspecified
RM No. 18-073, Claim No. 18-046
Claim for personal injuries sustained as a result of a trip and fall on a sidewalk on Amaral Street. Recommend referral to the insurance carrier.
Motion by: Botelho Britto Faria Sousa Briden Seconded by: Botelho Britto Faria Sousa Briden
Motion:_______________________________________________________________________
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | | | | | |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
CHURCH OF THE EPIPHANY $3,495.00
RM No. 18-082, Claim No. 18-050
Claim for reimbursement of snow removal costs at St. Michael & Grace (Church of the Epiphany). A Memorandum of Understanding between the City and the church states that the City is responsible for the snow removal and maintenance of the parking lots.
Motion by: Botelho Britto Faria Sousa Briden Seconded by: Botelho Britto Faria Sousa Briden
Motion:_______________________________________________________________________
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | | | | | |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
HIROAD ASSURANCE COMPANY $7,688.71
(INS: KIMBERLY KOLLETT)
RM No. 18-077, Claim No. 18-049
Claim for property damage sustained when a City vehicle struck insured’s parked/unattended vehicle. Recommend referral to the insurance carrier.
Motion by: Botelho Britto Faria Sousa Briden Seconded by: Botelho Britto Faria Sousa Briden
Motion:_______________________________________________________________________
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | | | | | |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
CESAR A. LUBRANO $982.65
RM No. 17-110, Claim No. 18-045
Claim for reimbursement of expenses incurred as a result of a sewer backup due to roots from a City tree. See recommendation of the Director of Public Works.
Motion by: Botelho Britto Faria Sousa Briden Seconded by: Botelho Britto Faria Sousa Briden
Motion:_______________________________________________________________________
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | | | | | |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
JOHN MELLO $650.00
RM No. 18-074, Claim No. 18-047
Claim for reimbursement of expenses incurred as a result of a sewer backup due to roots from a City tree. See recommendation of the Director of Public Works.
Motion by: Botelho Britto Faria Sousa Briden Seconded by: Botelho Britto Faria Sousa Briden
Motion:_______________________________________________________________________
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | | | | | |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
PATRICIA OLEAN $1,585.84
RM No. 18-055, Claim No. 18-033
Claim for property damage to vehicle sustained as a result of striking a pothole on Narragansett Park Drive. See recommendation of the Director of Public Works.
Motion by: Botelho Britto Faria Sousa Briden Seconded by: Botelho Britto Faria Sousa Briden
Motion:_______________________________________________________________________
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | | | | | |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
PENDING CLAIMS
PIERCE FIELD VANDALISM $2,023.90
RM No. 17-075
Discussion of claim for damages to Pierce Field.
Motion by: Botelho Britto Faria Sousa Briden Seconded by: Botelho Britto Faria Sousa Briden
Motion:_______________________________________________________________________
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | | | | | |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
Councilman Faria arrives at the meeting.
PENDING LITIGATION
AGAWAM HUNT (A/K/A AGAWAM HUNT CLUB)
VS. STEVEN HAZARD, TAX ASSESSOR FOR THE
CITY OF EAST PROVIDENCE
C.A. NO. PC-2018-0080
Discussion of proposed Settlement Agreement.
Motion by: Councilman Britto Seconded by: Councilwoman Sousa
Motion: Approve the Settlement Agreement.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | √ | √ | √ |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
SEWER CHARGE ABATEMENTS
RHONDA CHERRY $113.41
Request for a sewer charge abatement for the property located at 24 James Street in accordance with City Ordinance Sec. 17-183(g).
Motion by: Botelho Britto Faria Sousa Briden Seconded by: Botelho Britto Faria Sousa Briden
Motion:_______________________________________________________________________
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | | | | | |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
MICHAEL GAGNON $1,257.65
Request for a sewer charge abatement for the property located at 267 Forbes Street in accordance with City Ordinance Sec. 17-183(g).
Motion by: Botelho Britto Faria Sousa Briden Seconded by: Botelho Britto Faria Sousa Briden
Motion:_______________________________________________________________________
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | | | | | |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
WINCHESTER WOOD & PARK LLC $64,150.23
Request for a sewer charge abatement for the property located at 125 Village Green North in accordance with City Ordinance Sec. 17-183(g).
Motion by: Botelho Britto Faria Sousa Briden Seconded by: Botelho Britto Faria Sousa Briden
Motion:_______________________________________________________________________
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | | | | | |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
A motion is made by Councilman Botelho, seconded by Councilwoman Sousa to defer the claims to the next meeting. Upon a roll call vote, the motion is approved 5-0.
A motion is made by Councilwoman Sousa, seconded by Councilman Britto to adjourn at 7:45 p.m. and reconvene in open session. Upon a roll call vote, the motion is approved 5-0.
A motion to approve the Claims Committee Report is made by Assistant Mayor Britto, seconded by Councilman Botelho and on a roll call vote the motion passes 4-0 with Councilman Faria Abstaining.
3. Handicap Parking (by Director of Public Works, Steve Coutu)
65 Belmont Avenue (02914)
A motion to approve is made by Assistant Mayor Britto, seconded by Councilman Botelho and on a roll call vote it is unanimous.
C. Report of School Committee Liaison
There is no report.
D. Resolutions
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 two and three of said motor vehicle tax phase out in East Providence Fiscal Year 2019 (State of Rhode Island Fiscal Year 2020) and allow the City to receive reimbursement for years two and three in East Providence Fiscal Year 2019 so the City will be on schedule with all other cities and towns.
Requested by: Councilman Botelho
Councilman Botelho states he tried this last year and it is was a resolution requesting the General Assembly to allow the city of East Providence to catch up for their reimbursement of taxes due to our different fiscal year and the residents here are being penalized for that fiscal year difference.
Councilman Farias asks regarding a car tax and overpayment would there be a credit issued or a refund and would the person have to file to get a refund.
Director Moore states there was a coding error on certain trucks and they were classified as trailers trucks and quite a few are due a credit and he believes it just reduced their amount due but if they paid in full already they would get a refund. He believes what happened was the tax assessor sent out letters and these may be what the Councilman is referring to he will look into this and send the explanation to the City Manager and he can let the Council know.
A motion to approve the Resolution is made by Councilman Botelho, seconded by Councilwoman Sousa and on a roll call vote it is unanimous.
E. Introduction to Ordinances
1. AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “VEHICLES AND TRAFFIC”
A motion to dispense with the reading of the ordinance is made by Councilman Faria, seconded by Councilwoman Sousa and on a roll call vote it is unanimous.
SECTION I. Subsection (b) of Sec. 18-269 entitled “Stop and yield intersections designated; when stops required” is amended by adding thereto the following:
Fifth Street (northbound and southbound traffic) at Juniper Street
SECTION II. This ordinance shall take effect upon second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Councilwoman Sousa
Councilwoman Sousa states that there is a repetitive traffic and speeding issue along Juniper, 5th and 7th street in the area of Pierce Field and the Elementary School and this area is dense with children.
A motion to approve the Ordinance for First Passage is made by Councilwoman Sousa, seconded by Councilman Botelho and on a roll call vote it is unanimous.
2. AN ORDINANCE IN AMENDMENT OF CHAPTER 8 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “LICENSES AND BUSINESS REGULATIONS”
A motion to dispense with the reading of the ordinance is made by Councilman Faria, seconded by Councilwoman Sousa and on a roll call vote it is unanimous.
SECTION I. Sec. 8-142 entitled “Application; issuance; expiration” of Article VII entitled “Hawkers and Peddlers” of Chapter 8 entitled "Licenses and Business Regulations" of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, is hereby amended to read as follows:
Sec. 8-142. Application; issuance; expiration.
(a) All persons desiring a peddlers or hawkers license as required in section 8-141 shall make application to the city clerk for such license, and the city clerk, after granting of the application by the council, may issue a license subject to the approval of the chief of police and the state health inspector if food is involved, to such persons to sell the articles and substances mentioned in section 8-141 in such manner as shall be specified in the license and in the permitted area as is designated by the city council and is approved by the chief of police for reasons relating to public health and safety for the period from the date of such license until December 1 next ensuing such date. No licensee shall hawk or peddle in any other area than that to which he/she is permitted under the license granted by the city. Violations of such may result in loss of license and/or fines pursuant to section 8-148 of this chapter.
(b) An applicant for a peddlers or hawkers license may apply to the city clerk for a temporary license, and the city clerk, after approval by the chief of police, may issue the license allowing the licensee to operate under the same terms as a full license as described in subsection (a) of this section. The temporary license shall expire on the date of the next city council meeting following the date of the issuance of such temporary license, at which time the city council shall either grant or deny a full license as described in subsection (a) of this section.
(b) (c) The applicant shall, upon approval for a license required under this chapter, provide two so-called passport-size photographs of the individual authorized to act under such license. The city clerk shall, in addition to the license specified above, issue an identification badge containing one of the photographs of the authorized individual along with the effective dates of the license and such other information as the city clerk shall deem appropriate.
(c) (d) All hawkers are required to submit with their application a list of up to ten locations where they propose to stop and remain for any period of time so the police chief and the city council can review and approve the locations before the license is approved. If the hawker wishes to add locations at a later date, they must appear again in front of the city council for approval by the police chief and the council of the new location(s).
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 Botelho
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.
A motion to Adjourn at 10:04PM is made by Councilman Faria, seconded by Councilwoman Sousa and on a roll call vote it is unanimous.
Approved By Council: August 21, 2018
Attest: _______________
City Clerk
Kim A. Casci-Palangio