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CITY OF EAST PROVIDENCE

RHODE ISLAND

JOURNAL OF REGULAR COUNCIL MEETING

June 5, 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

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)(5).

A. New Claims

1. Edward M Adams, Jr

2. Linda Amaral

3. Erin Callahan

4. Metlife Auto & Home (Ins: Christopher Marciano

5. Michelle Pereira

6. Thomas C. Riley (Lien-Tenant-Emergency Placement)

7. Thomas C. Riley (Lien-Cutting/Removal of Overgrown Grass)

8. Thomas C. Riley (Lien – Boarding – Garage)

9. Thomas C. Riley (Water/Sewer Charge Abatement)

10. Thomas C. Riley (Water Hardship)

11. Thomas C. Riley (Water Shutoff – August 2017)

12. John C. Tormey

B. Sewer Charge Abatements

1. Davis Property Management

2. Victor Duarte

3. John T. Loughlin

4. Virginia D. Rives

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

D. Solicitor required weekly working hours discussion and vote.

II. OPEN SESSION

III. CALL TO ORDER

Mayor Briden calls the meeting to order at 7:37PM.

V. TO APPROVE THE CONSENT CALENDAR

A. Letters

1. CRMC June 2018 Calendar

2. Burrillville Town Council resolutions supporting House Bill 8120 and Senate Bill 2905 regarding changes to the Energy Facility Siting Act

B. Alcoholic Beverage Class F

1. Holy Ghost Brotherhood Mariense, 846 Broadway, Holy Ghost Feast, July y27, 28 and 29, 2018, Tony Amaral.

2. St. Francis Xavier Church, 81 North Carpenter Street (02914), Annual Feast, June 15, 16 and 17, 2018, Maryann Marques.

3. Holy Ghost Brotherhood of Charity, 59 Brightridge Avenue, Annual Feast, July 20, 21 and 23, 2018, Lidia M. Alves.

C. Alcoholic Beverage Class F-1

1. NAM Knights of America Motorcycle Club, Motorcycle Run, Brightridge Club, 59 Brightridge Avenue (02914), Michael J. Alves.

D. Council Journals

1. Council Journal Regular Meeting May 15, 2018

2. Council Journal Executive Session May 15, 2018

3. Council Journal Executive Session May 1, 2018

4. Council Journal Executive Session April 17, 2018

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

VI. PROCLAMATIONS AND PRESENTATIONS

A. Payton Rutkoski and Sophia Santos - by Councilman Faria

VII. COMMUNICATIONS

A. Damian Ramos, 78 Vine Street (02914) requesting to address the Council regarding Pierce Field Court Renovation.

This item was continued at Mr. Ramos’ request.

B. Liam Wojas, 25 Silver Spring Avenue (02914) requesting to address the Council regarding a proposal for a reflection garden at Sabin’s Point Riverside, RI.

Liam Wojas informs the Council that he has been a Boy Scout for 7 years and he is trying to achieve Eagle Rank. He attends EPHS and they have discussed the idea of a community garden and then this grew into a reflection garden. He spoke with someone in the Sabin’s Point area who wishes to honor her brothers who drown at Sabins Point years ago. He is seeking approval behind the memorial bench which exists now for Stephen and Christopher Grant. It would include sea grass and plants which are indigenous to the area as well as flora indigenous to the area. It is ethically pleasing and will match the rest of park. There will be a brick memorial for names of family and friends who have passed. It can be visited by families and friends and there will be an assembly of members to help cleanup and maintain the area. This will be simultaneous with beach cleanup projects. They are willing to sign liability forms and will honor those townies who have passed away. The area is approximately 54 inches wide by 49 inches long and the plan is to offer bricks with the inspirations of families names and friends who have passed away and this will run through hardy local vegetation. The bricks will range in cost from $50 -$100 and this price was developed through a small poll taken on social media and it received favorable responses. This is a collaborative project with the Riverside Sisters organization and the Boy Scouts of America.

Councilwoman Sousa thanks Liam and also adds that she will be amending Townie Pride Park to include a memorial as there has been so much of an outcry for this.

Councilman Botelho states it is definitely something they could facilitate. Anytime volunteers in the community want to organize something like this it’s a great idea and he is a fine young man to get behind and the city should embrace the project. He would like to see this go forward and not have the problems like they had with the traffic island. He adds the city will pledge to do whatever it can to help him with this.

Acting City Manager Moore states he doesn’t know if the people out there understand the commitment this young man has accomplished and that attaining Eagle Scout is a dedication of 7-8 years and it shows a lot of fortitude to do something like this and is a credit to him and his parents. He suggests working with the Planning Director. He asks about the timeframe.

Liam Wojas explains he has about 5 months and the final date for completion is October 22^nd.

Assistant Mayor Britto states he is a former boy scout as well and he can attest to what Liam has accomplished and he takes his hat off to that great accomplishment.

Mayor Briden states it is a great project and the administration will help facilitate it and he thanks Liam.

VIII. PUBLIC COMMENT

A. Peter Spicola, 99 Burnside Avenue – Sale of Surplus Land

B. Lisa Perry, 79 Burnside Avenue – Platt School Property Sale

C. Rebecca Blaydes, 80 Arnold Street – Sale of Platt School Land

D. Lori Green, 44 Knowlton Street – Schools/Hopping and Burnside

E. Lynn Ascoli, 61 Smith Street – Condos on Burnside

F. James M. Russo, 33 East Shore Circle – Resolution Concerning Roads

G. Bruce Blaydes, 66 Circuit Drive – Sale of Platt School Land

H. Alexandria Blaydes, 80 Arnold Street – Sale of Platt School Land

I. Priscila Lombardi, 66 Smith Street – Sale of Platt School

J. Bob Lombardi, 60 Smith Street – Sale of Platt School

K. Janet Roccabello, 53 Smith Street – Sale of Platt/Waters Proposal

L. Fredrick Vallante, 80 Arnold Street – Sale of Platt School

M. Chrissy Rossi, 87 Shore Road – Hoppin and Burnside

N. Mr. and Mrs. Manuel Motta, 66 Hoppin Avenue – Hoppin and Burnside

O. Tom Riley 3620 Pawtucket Avenue - Desalinization

IX. APPOINTMENTS

A. Carousel Park Commission (by Councilwoman Sousa)

Izilda Fernandes, 50 Walnut Street (02914)

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

B. Carousel Park Commission (by Assistant Mayor Britto)

Lisa George, 20 Arcadia Avenue (02916)

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

C. Carousel Park Commission Re-Appointment (by Mayor Briden)

Donna McMahon, 233 Norton Street (02915)

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

D. Traffic Control (Mayor Briden)

Tim Conley, 194 Terrace Avenue (02915)

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

E. City Sergeant (by Councilman Faria)

Lorianne Green, 44 Knowlton Street (02915)

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

F. Veterans Advisory Committee (by Assistant Mayor Britto)

Karen Panzarella, 21 Blanche Avenue (02914)

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

Unanimous Consent is granted to move the item under Reports of Other City Officials regarding Hoppin and Burnside Avenue by Solicitor Gregory Dias to this location on the docket.

2. Purchase and Sales Agreement Hoppin and Burnside Avenues – Old Platt Waters Property (by City Solicitor Gregory Dias)

Solicitor Dias indicates it will be better to speak on this with the Planning Department so these questions and issues can be addressed. It's a citywide issue regarding a property on the tax rolls which has been off for a very long time. The suggestive use right now is 33 condos. This is $100,000 in tax revenue for the city. The property will continue to deteriorate.

Mayor Briden notes the developer has indicated this deal will be off the table if not resolved this evening.

Assistant Mayor Britto asks if the property has been assessed.

Mayor Briden calls up Director of Planning, Diane Feather Diane and she states the Tax Assessor Steve Hazard might be more helpful regarding the assessed value.

Mayor Briden asks how they arrived at the purchase price.

Councilman Faria states one of the things which concerns him is price and he held 3 meetings and he realizes this goes back to 2014, however the last time it was on the market it was listed at $1.3 million and Burnside was listed at $1.2 million and the market has not gone down it’s gone up. Why four years later are they at $1-$1.3 million? The price came before the Council after knocking out both buildings at $2.6 million.

Acting City Manager Moore states yes it is close to that.

Director Feather notes she would like to remind everyone that her involvement began last June 2017 as prior to that she had been a Chief Planner for almost 29 years and there was a transition from Director Boyle. However, in looking at the file she can comment on occurrences from that time forward. The city hired a real estate broker from Keller Williams who took interested parties out to the property and showed them a number of times. The City issued an RFP in 2016 which went out initially for 1 month with no responses. The City kept the period open for responses and the only response which came back from 2016 was Terrapin Properties and that was for $500,000. The initial development was for apartments. When the public meeting was hosted in June at the Riverside Library many of the residents who have come out many times, stated they preferred to see an ownership model. Between June 1st and the library, Councilman Faria hosted a meeting. By that time, the numbers had changed to a maximum of 33 town house style homes with single family ownership in the form of condos grouped in 2s and 3s. This meeting went for about an hour and a half and it was explained this would go to the Planning Board for a major review process which has 3 stages. It was further explained that those within a 200 foot radius would get direct certified mail notice of both the Planning and City Council public hearings if action for rezoning had to take place.

Councilman Faria states he wants to make sure the City utilizes best practices. For his recent meeting he covered a 300 foot radius, sent the notice out to residents and he canvassed and still many stated they didn’t get noticed. The developer didn’t attend that meeting and he was told the developer was sick. He never heard from or saw the developer again. This item was never brought back up until he saw it on the November Council Docket. After he said he never heard anything he tried for an additional meeting and was told he needed to contact the developer’s attorney. Then just prior to the May 15th meeting the current City Manager asked what happened to the item. The next thing he noticed it was on the docket. He announced another meeting then the Mayor called him stating they would have to move the purchase and sales to tonight’s meeting. He then had to go back to get an earlier date and held the meeting. If the position of the developer is support the purchase and sales tonight or he walks then he will not support this.

The Attorney for the developer is present and states he understands that his client’s actions may seem draconian but this purchase and sales had been proposed for a year and they attended 2 public meetings. These issues can go before the planning board. Tonight is about the purchase price and their concerns are about density and traffic and while legitimate, can be discussed in the next phases.

Mayor Briden asks the planning director to provide information on the process this type of development would go through before the planning board and what the travel would entail.

Director Feather states the max number of town houses is 33. This is the starting point. They have the fire department and building department, zoning department, the city engineer, the DPW Director and herself and another planner and the police chief regarding traffic who all have to review the development. This is the same group of city employees who look at every development small or large. Developers generally do not get the numbers they come into it with as the city will often find issues related to the plan and it has to be negotiated. They might come back with 28 or 26. The 33 number is not a fixed number. The planning board would also look at this number. There are 3 phases of review. The master, the preliminary and the final and all property owners in a 200 foot radius will receive certified mail regarding all public hearings on the matter.

Councilman Faria states its 2018 and they are in a different market today. They should go out and try to market these. In 2014 the purchase price was higher. They should give it a chance.

Mayor Briden asks Director Feather if this will also go before the zoning board.

Director Feather states it probably does need a zoning amendment and it requires a comprehensive plan amendment so it would have to come back to the council as well and if council did not approve it could not go back to the planning board for the final.

Mayor Briden states if in the agreement they put 33 as the number and if it was reduced significantly the buyer has the opportunity to back out of the deal if it is not cost affective based on the purchase and sales. The purchase and sales merely gives them standing to appear before the planning board and the city council. It's a mechanism to get it going.

Assistant Mayor Britto asks when they do an RFP is there a minimum amount for bid or amount of people who can bid. He recalls now that this actual purchase and sales did come before them in November. He is just concerned about going forward in an RFP process and who has the right of refusal.

Councilwoman Sousa states her concern is with what it is assessed at and what is being offered and it seems to be undervalued and with a purchase and sales that kind of locks them into this contract.

The Attorney for the developer notes he was not given the authority to negotiate beyond the offer which is final.

Mayor Briden states the value of the property is the assessed value of the land, market value and assessed value are different. The value of the land is minus the cost of demolition. If the building is not going to be used, the value of the building is a negative, it's a cost, if it's going to be residential, it cannot be valued as a school as it is not being used as a school.

Councilwoman Sousa states the seller in any market is not going to care about the cost of demolition.

Councilman Faria states people don't know it's available. This developer did sign a $1.3 purchase and sales.

Councilman Botelho states a lot of people are right about a lot of things but not everything is right. One is the value of the property and two is the use of the property. The discussion of value has a lot to do with how many units. No one will pay that price with costs unless they can put 55 units in there. He asks if the developer has considered single family houses. He understands they have not be planned as that they were planned as condos but at that purchase price they might make a healthy profit considering they could put up 12 houses.

The attorney for the developer states he will certainly relay this to his client that there is an alternative and it fits in with the tone and tenor of neighborhood and between now and the next meeting they will have the conversation and he requests to come back to the Council at the next meeting.

Councilman Faria states that if it is single family homes he has no opposition.

Assistant Mayor Britto asks that if this came about a year ago then why are they just having this discussion tonight?

The attorney for the developer states they have been ready to execute an agreement and he cannot answer why. He notes this came to an executive session but it never was acted upon before so they brought it on the docket so they can hear what everyone has to say and make a decision. To defer to another meeting to reach a common ground, and he really feels they can.

Councilman Botelho states the developer could come to the meeting and air it out and adds let’s get it done for everybody.

The attorney for the developer states he will be on the phone with his client tonight.

This item is deferred to the next Council Meeting.

X. COUNCIL MEMBERS

A. Follow Up on Dog(s) Park (by Assistant Mayor Britto)

Assistant Mayor Britto states this is a follow up to the previous discussion regarding a dog park in the city. He notes since the last discussion he has spoken with Acting City Manager Moore and with DPW who have made some suggestions regarding locations.

Acting City Manager Moore states they have had some internal discussions with the DPW Director and the Recreation Director and Bourne Playground as well as Kent Heights and Grassy Plains were all suggested. They also discussed the pros and cons of having a dog park and who will take care of what. It looks like if they are doing a dog park there should be a separate large dog and small dog area as this is what they found in surrounding communities. These parks have generally developed from grass roots or community based groups. All 3 locations of Barrington, Providence and Pawtucket were community based and fundraising as well as keeping clean were also done on a community level. They took several years in planning and fundraising and utilized a landscape architect. When looking at preliminary costs of fencing they could be looking at approximately $30,000. It’s a good idea and a good start but they need a little more research and community outreach.

Assistant Mayor Britto states he has been reaching out to the community to get suggestions and recommendations regarding costs and can assist with fundraisers and maybe the city could do a matching offer or a grant. He will reach out to the community.

Acting City Manager Moore states they can set something up on Facebook and the City website to see where the interest is and if there is a lot they can move forward.

B. Derelict, Abandoned and Vacant Buildings Policy Overview (by Councilman Botelho)

Councilman Botelho states he wants to talk about the building on the corner of Pawtucket Avenue and Wampanoag Trail. It has been boarded up with a tarp on it for over a year now and this past January they were issued a couple of violation letters and another was sent out about a month ago.

Acting City Manager Moore states that he is vaguely familiar with the situation.

Solicitor Dias states he did send a memo to the building official who issued a 45 day notice and at the time he last checked, there was 15 days left on the notice. It is less than that now and at that point the city can take action.

Councilman Botelho asks what that means.

Director Coutu comes to the podium and explains the building official issues a violation that they have 45 days to remove the building or the city will remove it. They would get bids and probably within the summer it would get done. He adds legally they have to provide first notice and second notice and then they can condemn the building.

Councilman Botelho asks if the city has a policy and if there is a fine for not complying.

Director Coutu states they go to municipal court.

Solicitor Dias states yes but if it is unsafe however they can act without municipal court.

Councilman Botelho asks if the city has codified a fee and fine structure for those in violation and is this subject to municipal court or is it at their discretion.

Solicitor Dias states it is mostly up to the judge.

Councilman Botelho asks if they have the authority to make it mandatory once an official violation is issued.

Solicitor Dias states they currently send these violations to him as the Solicitor he prosecutes.

Councilman Botelho adds he noticed there are a lot of old buildings and part of the problem is that they are commercial buildings, like Platt Waters, built in the early 1900’s or turn of century and they just don't work in today's world. There are a lot of problems with retrofitting them such as EPHS. There are huge tax incentives for the waterfront but this ignores the core of the city. There is no program like that for these locations. What doesn't help is the onerous tangible tax imposed on businesses. The city really ought to take a look at the programs to offer one. Maybe a joint session with planning, economic development and zoning boards to fast track changes or allow for certain variances.

Acting City Manager Moore discusses the tax stabilization agreements.

Councilman Botelho states he is going to bring this up in a month or so and asks that the City Manager bring forward any information he has to him.

C. Purchase of National Grid Streetlights at $218,024.40 to proceed with the conversion to LED (by Councilman Faria)

Councilman Faria explains over the last month he has put a lot of work into this and has asked the Acting City Manager to go back to baseline and please call a meeting with the representatives of National Grid and the DPW Director. This was a more informal meeting and he believes they are complying with the MISA program and they accounted for all their lights and Providence, Barrington, Warren, Bristol, Cranston, North Providence, Hopkinton, North Smithfield and Portsmouth have all signed the same agreement. Basically they will retain the pole. With regards to the Assistant Solicitor talking about all the variables the representatives felt ambushed and it got legal very quickly.

Director Coutu is called to the podium and acknowledges he feels it’s a good program but he just wants to make sure they do it correctly. The city would assume the operation and maintenance of all the street lights and no longer pay those fees to National Grid.

Acting City Manager Moore states they met with National Grid a couple of times and this doesn't seem to have a real downside. A number of communities already have it. They asked for a new figure which is the amount listed on the docket. In approving this, the city wouldn't move forward right away they would have to sit with those who were the low bid and decide on what wattage they want to put in. The question is do they want to retrofit and at what wattage. The concern is that if they sign with National Grid then they tell the city the price it will pay and the city owns them and then the city has to pay to retrofit them so there is more work to do to move forward.

Director Coutu states that back in 2013, in lieu of red capping, the city has a $130,000 annual savings.

Councilman Faria states by voting today it would give the Acting City Manager the ability to purchase the lights.

Director Coutu adds the lights will be brighter than the lights which are there now and the city will determine what wattage and variation.

Mayor Briden states he appreciates the work done and he would like to hear from the legal department.

Councilman Faria states the only issue existing is with the Town of Johnston and they stand alone, they have been in a legal battle for 8 years.

Assistant Solicitor Conley states he is not familiar with how the amount has changed, if its depreciation, every single municipality enters into the same contract. However there are some issues specific to East Providence, two primary legal concerns are for purchase and sale, there is a reference to an attachment agreement. As the councilman correctly states, National Grid keeps the pole and East Providence the lights. National Grid reserves the right to remove the light from the pole without cause. They assure they will not do this but they reserve the right to. Additionally, there is a lawsuit by Johnston which is when or not to pay for lights on state roads as it states the agreement indicates to purchase all lights within the borders. There are a few others but generally speaking those are the two highlights.

Councilman Botelho states he read through the agreement and it constantly refers to unmetered street lights and lighting services.

Assistant Solicitor Conley states he doesn't know how much electricity is being drawn from each. They are being tariffed, unlike a home which is based on usage, when converting to lower wattage they charge double.

Councilman Botelho states it is happening everywhere where they are charging a surcharge which defeats the savings.

Councilwoman Sousa states even though what is being stated is accurate Councilman Botelho makes a good point and hopefully they will have changed to a different vendor for green energy net metering credits.

Assistant Solicitor Conley states yes but it doesn't change the rate being charged, its less watts for the city and net metering is less per watt, National Grid is more per watt.

Councilman Faria adds the city has terrible lighting. From Boston to Los Angeles they are doing this because it is a good program.

Councilman Botelho states to get to this step he would like know how much it is going to cost but the city doesn't have the other 2/3 of the equation. He doesn't want to buy something and find out they are getting in trouble. He wants to see the total cost.

Councilman Faria states as it is right now they are already saving $450,000 annually.

Acting City Manager Moore explains what they are doing here is asking if the council wants to move forward or not. The Assistant Solicitor has raised some valid concerns but if the city is going to wait for lights on state roads to be decided this could be tabled for years. The council could approve subject to the cost of service and conversion.

Mayor Briden states that a good initial step is to get the additional information and then approve it as a whole.

Acting City Manager Moore asks if they want to move forward without the resolution of the state lights.

Director Coutu informs the council they have the infrastructure bank here.

Councilman Botelho states by the next meeting they should be able to wrap it up.

Councilman Faria makes a motion to approve this item pending garnering the additional information and bringing it back regarding the accounting of lights etc…

Mayor Briden states the Council may want to consider a possible motion to further pursue the process but not effectuate the service.

A motion to defer to the next meeting based on what was discussed tonight is made by Councilman Faria, seconded by Councilman Botelho and on a roll call vote it is unanimous.

D. East Providence Day of Portugal June 5, 2018 and Weekend Festivities (by Councilwoman Sousa)

Councilwoman Sousa reports they had the annual event today. It was a good day. She thanks everyone from the RI Day of Portugal Committee who came down to assist in hosting. She thanks both Police and Fire Chiefs as well as Assistant Mayor Britto for attending. She notes they received a number of donations from local restaurants and businesses, Phillips Street Hall, Taunton Avenue Bakery, John Street Dunkin Donuts, Madeira Restaurant and the Portu-Galo Food Truck. The RI Day of Portugal festivities go on throughout the weekend and they will be shuttling from East Providence City Hall to Providence on Saturday from 3:30-11:30 and on Sunday from 2-10.

E. Townie Pride Park Memorial Campaign and Committee (by Councilwoman Sousa)

Councilwoman Sousa reports the Townie Pride Park will serve to memorialize loved ones, there are trees and a bench and the memorial will be set up to leave a legacy for loved ones. The work is progressing in the park including a cemented a walkway and lights from a grant. The landscaping has begun and there will be a process for memorial bricks to be engraved. She will be starting a committee for people to be able to buy a brick. They will be affordable. She will be reaching out to businesses also. There will be a gazebo and they can etch their names in. Anyone who wishes to assist should reach out to her or the city clerk.

F. Neighborhood Concern of Rodents (by Councilwoman Sousa)

Councilwoman Sousa states since the construction on Potter Street began residents have noticed rodents. Some of this has to do with springtime. However, she wants residents to know that minimum housing has gone out to the property and measures are being taken.

G. Roadwork - Increase Traffic and Safety Concerns (by Councilwoman Sousa)

Councilwoman Sousa states that road work is happening all over the state. East Providence is fortunate to have a lot of bridgework and roadwork being done. RIDOT has their set plan. They just finished Potter and are now on to Purchase and then Lyon and the Veterans on ramp. Traffic detours to other neighborhoods have caused some issues and she has brought this to the attention of the City Manager and Police Chief and DPW. They had a meeting with the new RIDOT project manager Mr. Palumbo who is open to suggestions and concerns and the effects of detours to these narrow streets as well as poor traffic signage. The new traffic signal that residents see erected will be used only during construction.

XI. LICENSES NOT REQUIRING PUBLIC HEARING

A. Peddler’s License – Additional Driver

Palagi’s Ice Cream, Luis F. Arborola, 73 Cliff Street, Central Falls (02893)

Alejandro Ortega, 36 Suffix Street , Pawtucket

A motion to approve the License is made by Councilwoman Sousa, seconded by Councilman Faria and on a roll call vote it is unanimous 4-0 with Mayor Briden Abstaining.

B. Vict Not Over 25

Naked Foods RI, 611 Waterman Avenue (02914), Mary L. Fallon Santana, 18 Florida Avenue, 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. Hawker – Location 40 Highland Avenue (02914)

Keystone Novelties Distributors, LLC, 201 Seymour Street, Lancaster PA (17603), Keith Lambert, 1455 Wallum Lake Road, Pascoag (02859)

Neil Shaw, Attleboro, MA

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. Hawker – 1235 Wampanoag Trail (02915)

Keystone Novelties Distributors, LLC, 201 Seymour Street, Lancaster PA (17603), Keith Lambert, 1455 Wallum Lake Road, Pascoag (02859)

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.

XII. PUBLIC HEARING – ORDINANCES FINAL PASSAGE

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

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. Section 11-241 entitled “Nonservice-connected death” of Article V entitled “Firemen’s and Policemen’s Pension Fund” of Chapter 11 of the Revised Ordinances of the City of East Providence, 1998, as amended, entitled “Personnel,” is amended to read as follows:

Sec. 11-241. Nonservice-connected death.

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

(1) The ~~widow~~ spouse shall have been legally married to the member at ~~least one year prior to~~ the date of death. of ~~the member or prior to the date of retirement on a service retirement annuity or nonservice-connected disability annuity, whichever occurs first and in any event while the member was in service.~~ The annuity shall terminate in any event upon remarriage, and any change in marital status thereafter shall create no rights for the widow to any annuity or any other payment from the system.

(2) ~~The widow shall be at least 55 years of age, otherwise commencement of payments on the annuity shall be deferred until the widow attain such age.~~ The participant was not married at the time of the death but had unmarried child/children under the age of 18 including in utero. The legal guardian of the child/children shall receive the survivor benefit and would terminate upon their attainment of age 18, death or marriage, whichever occurs first.

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

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

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

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

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

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

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

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

Requested by: Councilman Faria

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

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

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. Section 11-236 entitled “Service retirement annuity” of Article V entitled “Firemen’s and Policemen’s Pension Fund” of Chapter 11 of the Revised Ordinances of the City of East Providence, 1998, as amended, entitled “Personnel,” is amended to read as follows:

Sec. 11-236. Service retirement annuity.

(a) Effective November 1, 1975, members retiring from service under subsections 11-235(a)(1) or (2) shall receive an annuity equal to two percent of the final average salary for each completed year of service, subject to a maximum of 70 percent of final average salary.

(b) Effective November 1, 1975, members retiring from service under subsection 11-235(a)(3) shall receive an annuity equal to 2½ percent of final average salary for each of the first 20 completed years of service, and two percent of final average salary for each additional completed year of service, subject to a maximum of 70 percent of final average salary.

~~(d)~~(a) Effective May 1, 1991, those members who retired from service between 1962 and 1984 shall receive a one-time ad hoc cost of living adjustment in the amount of $815.00 per year per member.

~~(e)~~(b) Effective June 1, 2008 those members who retired from service between 1962 and 1984 shall receive a one-time ad hoc cost of living adjustment of $900.00 per member except in the case of a widowed member whose increase shall be $600.00 per year, and those members who are receiving an annual cost of living adjustment.

~~(f)~~(d) All retired police officers and fire fighters currently receiving a service connected disability pension who otherwise do not presently qualify for the existing cost of living adjustment as provided for in the current collective bargaining agreement for police officers and fire fighters shall be entitled to an annual three percent cost of living adjustment in their pension effective January 1, 2000.

(e) Effective February 12, 2018, members retiring from service shall receive an annuity as provided for in the current collective bargaining agreement for police officers and fire fighters.

(f) All retired police officers and fire fighters currently receiving a service connected disability pension or receiving a service connected pension shall receive a cost of living adjustment as provided for in the collective bargaining agreement for police officers and fire fighters that was in effect at the time of their retirement.

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

Requested by: Councilman Faria

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

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

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. Section 11-238 entitled “Nonservice-connected disability” of Article V entitled “Firemen's and Policemen's Pension Fund” of Chapter 11 of the Revised Ordinances of the City of East Providence, 1998, as amended, entitled “Personnel,” is amended to read as follows:

Sec. 11-238. Nonservice-connected disability.

(a) Any member becoming totally and permanently disabled due to any cause other than service-connected disability while an employee of the city, who has at least ten years of credited service, shall be entitled to a nonservice-connected disability annuity. This annuity shall be fixed at an amount equal to the percentage they had accrued pursuant to the union contract to the date of the disability. ~~equal~~ ~~to 1¾ percent of average final salary subject to a minimum of 25 percent and a maximum of 50 percent of average final salary~~. The annuity shall be reduced by any amounts received by the member as salary or other form of compensation received during disability from public funds.

(b) Nonservice-connected disability shall be considered total and permanent if it results in some impairment of mind or body that substantially precludes a member from performing with reasonable regularity the substantial and material parts of any gainful work or occupation that he would be competent to perform were it not for the fact that the impairment is founded upon conditions which render it reasonably certain that it will continue indefinitely.

(c) The annuity shall be payable during continuing disability of the member, provided that if the credited service of the member at commencement of disability was 20 years or more, the member shall receive upon attainment of age 55, in lieu of the nonservice-connected disability annuity, a service retirement annuity as prescribed in this article.

(d c) Should a member recover from disability and reenter the service of the city as a police officer or firefighter and shall render at least three years of continuous service thereafter, he shall be credited for service retirement annuity purposes with the periods of time during which he shall have received a nonservice-connected disability annuity. Otherwise, such member reentering service shall not be entitled to service credit for the period of such disability.

(e d) Disability incurred while in military service shall not be considered for the purposes hereof.

(f e) A nonservice-connected disability shall begin to accrue upon the expiration of 90 days following commencement of disability, provided that if the member is receiving salary for a period of more than 90 days, the annuity shall begin to accrue from the date salary has ceased. If written application for the annuity shall not have been filed with the board prior to the expiration of 90 days from date of disability, the annuity shall begin to accrue from the date application therefor has been filed, but, not in any event prior to the time when payments to the member on account of salary have ceased.

(f) Eligibility for a survivor benefit shall be subject to the following conditions:

(1) The spouse shall have been legally married to the member at the date of disability. The annuity shall terminate in any event upon remarriage, and any change in marital status thereafter shall create no rights for the surviving spouse to any annuity or any other payment from the system.

(2) The participant was not married at the time of the disability but had unmarried child/children under the age 18 including in utero. The legal guardian of the child/children shall receive the survivor benefit and would terminate upon their attainment of age 18, death or marriage, whichever first occurs.

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

Requested by: Councilman Faria

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

XIII. NEW BUSINESS

A. City Managers Report (by Acting City Manager Malcolm Moore )

1. Raises for City Department Heads

Acting City Manager Moore defers this item.

Acting City Manager Moore explains that during the budget process they normally factor in raises and in the line item in the departments, since all contracts were up, all were put in a line item under miscellaneous for a 2% increase. This is in there and was figured into the budget already for everyone. He adds that the mayor and he discussed he was able to move forward but out of an abundance of caution he put this on the docket. All the contracts have been approved except EPPMTEA and they will be on the next docket along with department heads and nonunion employees.

Mayor Briden asks if this is already provided for within the budget and essentially when they approved the budget they approved this.

Acting City Manager Moore states yes it was put in the budget for these at a total of $385,000 and this included everyone except Fire.

Mr. Luba also states that this was already in the budget.

Councilman Botelho states he is in agreement with department heads. If they don't have a contract they get what everyone else gets. It used to be a department head contract and every year in the budget process it spelled out terms and conditions. All except raises are approved annually at budget time, same as union workers, it’s a long standing practice.

Acting City Manager Moore states this is correct.

Councilman Botelho asks if they don't have a bargaining unit how salaries figured out for department heads.

Acting City Manager Moore explains the Budget Commission was doing individual contracts but that never continued.

Councilwoman Botelho states there had been some discussion at previous meetings that some department heads were not making enough and others were making more. He has no objection to raises but at the same time is wondering if they are looking at this to make sure everyone is being treated fairly.

Councilman Faria states some are being paid for services they are not doing anymore.

Acting City Manager Moore states they always received the same cost of living increase.

Assistant Mayor Britto asks if it is based on merit or automatic.

Acting City Manager Moore states they still get the cost of living increase.

Councilman Botelho requests before he votes he would like a list of who they are and what they make so he can feel more comfortable about moving forward and requests that the item be deferred to the next meeting and that the vote includes retroactive.

2. Discussion of City Hall Hours

Acting City Manager Moore states he is meeting with the various unions regarding this item and as it continues to progress he will update the Council.

Acting City Manager Moore explains this is a work in progress as he is meeting with the unions which would be involved in the decision and he will report back again at the next meeting.

3. Request to purchase National Grid Street Lights at $218,024.40 for the purpose of converting to LED

This item was covered previously on the docket.

This item was discussed previously on the docket.

4. List of Streets for the City Roadway Improvements 2018.

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

B. Reports of Other City Officials

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

Pursuant to R.I.G.L. § 42-46-5(a)(2), a motion is made by Councilwoman Sousa and seconded by Councilman 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 – Aye, Councilwoman Sousa – Aye, Mayor Briden – Aye, the motion is approved 5-0.

EAST PROVIDENCE CLAIMS COMMITTEE

CLAIMS & LITIGATION REPORT

TUESDAY, JUNE 5, 2018; 6:45 P.M.; ROOM 101

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

NEW CLAIMS

EDWARD M. ADAMS, JR. $3,243.67

RM No. 18-058, Claim No. 18-037

Claim for property damage to vehicle and house gutters sustained when a City tree fell during a wind/rain storm event. Recommend referral to the insurance carrier.

Motion by: Councilman Botelho Seconded by: Councilman Britto

Motion: Refer the claim to the insurance carrier.

VOTE	COUNCILMAN BOTELHO	ASST. MAYOR BRITTO	COUNCILMAN FARIA	COUNCILWOMAN SOUSA	MAYOR BRIDEN
Aye	√	√	√	√	√
Nay
Abstain
Absent

LINDA AMARAL $90.95

RM No. 18-057, Claim No. 18-035

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

Motion by: Councilman Faria Seconded by: Councilwoman Sousa

Motion: Approve the claim in the amount of $90.95.

VOTE	COUNCILMAN BOTELHO	ASST. MAYOR BRITTO	COUNCILMAN FARIA	COUNCILWOMAN SOUSA	MAYOR BRIDEN
Aye	√	√	√	√	√
Nay
Abstain
Absent

ERIN CALLAHAN $201.16

RM No. 18-051, Claim No. 18-032

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

Motion by: Councilman Botelho Seconded by: Councilwoman Sousa

Motion: Deny the claim.

VOTE	COUNCILMAN BOTELHO	ASST. MAYOR BRITTO	COUNCILMAN FARIA	COUNCILWOMAN SOUSA	MAYOR BRIDEN
Aye	√	√	√	√	√
Nay
Abstain
Absent

METLIFE AUTO & HOME $6,465.77

(INS: CHRISTOPHER MARCIANO)

RM No. 18-043, Claim No. 18-041

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

Motion by: Councilwoman Sousa Seconded by: Councilman Britto

Motion: Refer the claim to the insurance carrier.

VOTE	COUNCILMAN BOTELHO	ASST. MAYOR BRITTO	COUNCILMAN FARIA	COUNCILWOMAN SOUSA	MAYOR BRIDEN
Aye	√	√	√	√	√
Nay
Abstain
Absent

MICHELLE PEREIRA $2,375.00 + Expenses

RM No. 18-060, Claim No. 18-039

Claim for property damage sustained and reimbursement of expenses incurred as a result of a sewer backup. Recommend referral to the insurance carrier.

Motion by: Councilman Britto Seconded by: Councilwoman Sousa

Motion: Refer the claim to the insurance carrier.

VOTE	COUNCILMAN BOTELHO	ASST. MAYOR BRITTO	COUNCILMAN FARIA	COUNCILWOMAN SOUSA	MAYOR BRIDEN
Aye	√	√	√	√	√
Nay
Abstain
Absent

No action taken on the claims of Thomas C. Riley

THOMAS C. RILEY $5,983.72