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CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
June 19, 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
*** Note Mayor Briden and Councilman Faria are absent.
I. EXECUTIVE SESSION
The City Council of the City of East Providence may meet in Executive Session pursuant to RI General Laws § 42-46-5 (a)(2).
A. New Claims
1. Paula Gonsalves
2. Kathleen Higginbotham
3. George Ortiz
4. Thomas C. Riley (Lien-Tenant-Emergency Placement)
5. Thomas C. Riley (Lien-Cutting/Removal of Overgrown Grass)
6. Thomas C. Riley (Lien – Boarding – Garage)
7. Thomas C. Riley (Water/Sewer Charge Abatement)
8. Thomas C. Riley (Water Hardship)
9. Thomas C. Riley (Water Shutoff – August 2017)
10. Everett Stubbs
11. Verizon
B. Sewer Charge Abatements
1. Michael Gagnon
C. Litigation
1. Oscar Elmasian vs. R.I. Interlocal Risk Management Trust, Inc., C.A. No.PC-2017-0866
II. OPEN SESSION
III. CALL TO ORDER
Assistant Mayor Britto calls the meeting to order at 7:31PM
IV. SALUTE TO THE FLAG
V. TO APPROVE THE CONSENT CALENDAR
A. Letters
1. Charlestown Town Council Resolution in support of recommendations by the Town of Glocester to the Special Legislative Commission to study the low and Moderate Income Housing Act.
2. CRMC Semimonthly Meeting Agenda Notice for June 12, 2018.
3. Exeter Town Council Resolution in Opposition to the Governor’s FY2019 Budget Request
4. Burrillville Town Council Resolution in Support Senate Bill 2018-S2371 Relating to Education – Foundation Level School Support
B. Cancellation/Abatements
| Year | Amount |
| 2017 | $2691.78 |
| 2018 | $10,820.34 |
| Total | $13,520.12 |
| 2018 | $29,707.03 |
| Total | $29,707.03 |
| 2018 | $124,428.19 |
| Total | $124,428.19 |
C. One Day Entertainment License
1. Tori Jessop, 102 Tryon Avenue (02916) with Disc Jockey from 3:00 p.m. until 10:00 p.m. for July 21, 2018
D. Council Journals
1. Council Journal Regular Meeting June 5, 2018
2. Council Journal Executive Session June 5, 2018
A motion to approve the Consent Calendar is made by Councilman Botelho, seconded by Councilwoman Sousa and on a roll call vote the motion passes unanimously 3-0 with Councilman Faria and Mayor Briden Absent.
VI. COMMUNICATIONS
A. Damian Ramos, 78 Vine Street (02914) requesting to address the Council regarding Pierce Field Court Renovation.
At Mr. Ramos’ request this item is continued to the July 24th Council meeting.
B. Karen Zyon owner Rhodes Races, Inc., requesting to address the Council regarding City Council approval of the Annual Rhode Races Marathon, Sunday, May 5, 2019.
Present on behalf of Karen Zyon’s is Susan Rancort, 3 Borrao Drive, Warren, RI.
A motion to approve the race is made by Councilwoman Sousa, seconded by Councilman Botelho and on a roll call vote the motion passes unanimously 3-0 with Councilman Faria and Mayor Briden Absent.
C. Tori Jessop, 102 Tryon Avenue (02916) requesting to address the Council regarding the 18th Annual Neighborhood Block Party on Saturday, July 21, 2018 blocking off Tryon Avenue at the corner of Gibbs Street and the corner of Merchant Street and that Estelle Street be blocked at Ferris Avenue.
Tori Jessop explains the block party will run from 2:00PM-10:00PM.
A motion to approve the block party is made by Councilwoman Sousa, seconded by Councilman Botelho and on a roll call vote the motion passes unanimously 3-0 with Councilman Faria and Mayor Briden Absent.
D. Chrissy Rossi, 87 Shore Road (02915) requesting to address the Council regarding “33 Hoppin and 80 Burnside are Not Surplus Property”
Chrissy Rossi asks questions regarding the location on the docket of the Hoppin Avenue item.
After discussion Councilman Botelho asks that the item be moved under the City Manager on the next docket.
E. Alejandro Arteaga (02860) requesting to address the Council regarding Peddler’s License application approval process for drivers.
Mr. Ortega speaks about the issues with drivers for these seasonal positions and the fewer number of Council meetings in the summer in order to get any changes approved.
Assistant Mayor Britto notes this topic was discussed before.
Solicitor Dias states that it was but that the ordinance was not changed.
Councilman Botelho states it should be ok in between council meetings to have administration have that authority.
Solicitor Dias states they will do a temporary license until the next available council meeting and then the council can take a vote to provde a full license or not.
Chief of Police Parella states he has no issue approving a temporary license.
Unanimous consent is granted to move up net metering to this location on the docket as the consultants are present.
A. Net metering approval to enter into contract negotiations. Final approval to be at the July 17, 2018 meeting. (by Councilwoman Sousa)
Acting City Manager Moore states that a number of months ago the city went out for a net metering RFP and there is an interstate program which helps initiate this for cities and towns. Net meetings is available to take advantage of these credits. The city would agree to purchase their energy and it allows them to get credits. Businesses can get this cheaper than the city does currently from national grid. The companies compare wind vs solar. They brought back 3 companies and they did presentations. One question was what the downside is and the answer is there really isn't one. The city allows them to set up at different locations, they are not co-signing or buying anything. When this was originally initiated the city and the school department were interested as well as the housing authority. He adds that Councilwoman Sousa has been persistent to get done in a timely manner.
Councilwoman Sousa notes the savings the city will receive on an annual basis is a good savings and in lieu of having a new high school being built and the need for money for streets and sidewalks it’s a good plan.
Acting City Manager Moore introduces Daniel Burns of 74 Chumford Road in Massachusetts. Acting City Manager Moore notes that developers offered different structures and term lengths and approaches and in the city’s review they looked at independent assessments of each of those and presented those to the council.
Mr. Luba speaks and states Hannah Marini is present who works for Green Development on 3760 Quaker Lane in North Kingstown. Ms. Marini speaks and explains to the council they are the largest owner and operator of renewable energy in RI and have completed remote net metering projects in the state and she hands out a power point presentation to the council.
Assistant Mayor Britto asks about the 3 entities mentioned early and why they are not in attendance.
Councilwoman Sousa states the RFP when went out and had the approval of the superintendent and housing director and it was pulled in for an overview. However, housing is both federal and state and they have their own board and the solicitor is looking into this. They don't formally have a contract as today is primarily approving the bid and giving the city the go ahead to negotiate a contract and then come back to the council and school committee to approve the final contract. She adds that she feels this is in the best interest of the city to move forward.
Assistant Mayor Britto asks if there are any upfront costs.
Ms. Marini responds there is not they own and operate for the life of the project. The city is the recipient of the credits and Green makes 69% of the value of the credits. The credits will show up on the city’s energy bill on a monthly basis.
Councilman Botelho asks why the contract is for 25 years.
Ms. Marini states it doesn’t have to be they also offer 15 and 20 but 25 provides the greatest savings and the project is expected to run for 30 years so it matches the life of the system. They are offering one solar and one wind project and if anything happens they repair it.
Councilman Botelho states when he received the information to evaluate it was a spreadsheet and it doesn't guarantee savings.
Ms. Marini states that is correct it is an estimate in the sense that they don't know exactly what the electricity prices will be.
Councilman Botelho states he would like more information to evaluate as it is a 25 year contact. He notes he read the report and asks about the perimeters.
Ms. Marini responds there was a preference for local economics offering and the status of the project is very key. There needs to be a firm to build and operate properly.
Councilman Botelho asks Acting City Manager Moore who drew up the provisions.
Acting City Manager Moore states he worked with Director Coutu and the Purchasing Agent. This project was worked on under the former city manager. They are now paying 100 cents on the dollar and this would be a savings.
Councilman Botelho states his concern is this is a 25 year project and he feels this is artificially drawn up for one company.
Councilwoman Sousa states that when the consultant left Assistant Solicitor Conley made some changes which were of concern and she and Steve Coutu worked in conjunction with Assistant Solicitor Conley to address these.
Councilman Botelho states this program works in conjunction with legislation at the state house and asks if it was it looked at in the long term.
Ms. Burns states Cadmus will look at it to protect the city and they wouldn't want the city to enter into an agreement which would put the city underwater.
Councilman Botelho states there are sufficient savings but to make a decision based on 7 pieces of paper he just isn’t comfortable with that.
Assistant Mayor Britto states that in 10 or 15 years the savings are there but is the discount going to be less if they go to 20.
Ms. Marini states Green is amenable to it.
Councilwoman Sousa adds they are not signing a contract today this is just to go into negotiations to see where the city stands.
Chairman Tsonos is present and speaks and notes he appreciates Councilwoman Sousa's discussion which they had at the end of last week and she has explained the process. They cannot turn their head at $200,000 of savings but need to vet the entire issue. If the council needs their vote he is not sure if they are ready to vote. They would need people at the next meeting to present. There are many questions out there one of which is with the new school how it will be effected by these plans. If this goes the way city hopes for in regards to savings they need to know would the school department receive the savings even though the city is signing the purchasing agreement.
It is explained that the school is separate.
Chairman Tsonos states they want the savings to go to capital improvement.
Cadmus recommends 80 percent but the down side to this is if the project goes down and there is no production then there is no savings. It's a 25 year contract they don't know what the world will look like but history tell them costs will increase.
Councilman Botelho states if there is better technology 5 years from now can the city opt out.
The response is not that the city is committed to those credits.
Acting City Manager Moore adds if the company didn't finish the project the city could exit the project.
Al Buckton from Green Development speaks and states he has been in this type of development for 20 years and he can honestly say the savings available to entities in RI is the best deal he’s ever seen. It has all the components and in the agreement in the rate exhibit it will show the current rate and all the components in it and the city’s bill for power usage and the first part of the bill will look just like it does today.
Councilman Botelho states he would like to review prior to the next meeting.
Councilwoman Sousa thanks Green Developers and the consultant for coming.
Mr. Luba comes to the podium and notes in his mind he thinks it is a great deal and of the 3 companies they all gave good presentations but Green was the best and were selected to go on to negotiate the contract. The downside is if the city ever commits to LED streetlights they are committing to those hours. Don't go 100 percent or the city will be rooting for electric costs to increase. If someone finds a different source and lowers it dramatically there is a floor to this contract at 8.5 so no matter what the city has to pay them that.
Councilman Botelho states in the short term he can see increases and they may just be shifting the costs to those that don't have it. It’s almost like a way to tax people.
VII. PUBLIC COMMENT
A. Peter Spicola, 99 Burnside Avenue (02915) – Sales of 33 Hopin and 80 Burnside Avenue
B. Donna Parent – Waters School (Ms. Parent is not present)
VIII. APPOINTMENTS
A. Planning Board Re-Appointment (by Mayor Briden)
Michael P. Robinson, 45 Richfield Avenue (02914)
A motion to approve the Appointment is made by Councilwoman Sousa, seconded by Councilman Botelho and on a roll call vote the motion passes unanimously 3-0 with Councilman Faria and Mayor Briden Absent.
IX. COUNCIL MEMBERS
B. State Car Tax Reimbursement Program Explanation and the City of East Providence (by Councilman Botelho)
Councilman Botelho states legislation over the last few years has highlighted in great detail the tax rate reimbursement for cars. He understands it is because it is paid in the arears and asks if the Acting City Manager could explain.
Acting City Manager Moore explains the state is phasing out the car tax. Areas that change are the NDA book value and the frozen tax rate. They also have a $500 dollar exemption. The state changed this in year 1 and it went from $500 to $1000 and the resident used to pay 100 percent of NADA. Now it is only 95 percent. The cars went from older than 25 to older than 15. We are a year behind everyone else and they will end a year earlier. If the legislation to double up passes then the city will finish together with the other cities and towns.
Councilman Botelho asks the solicitor to draft a resolution reflecting that.
C. Purchase of National Grid Streetlights at $218,024.40 to proceed with the conversion to LED (by Councilman Faria)
Councilman Faria is absent and his item is continued.
D. Request to move the Regular Council Meeting scheduled for July 17, 2018 meeting at 7:30PM to July 24, 2018 at 7:30PM (by Councilwoman Sousa)
E. Culvert project update (by Councilwoman Sousa)
Councilwoman Sousa states they are entering into the summer months and would like to know from the Acting City Manager if there are any updates.
Acting City Manager Moore notes they still have a tentative start date for the end of July and he will get a better update as to when the culverts will be fabricated and ready and then the road will be closed for 30 days and it should be complete by the end of August. This can be placed on the website. Director Coutu did get the approvals from RIDOT and MADOT.
F. Road work start dates (by Councilwoman Sousa)
Councilwoman Sousa states when they last discussed this item the city manager was still in negotiations with the vendor and she is wondering when they will be starting and when they will be starting the school parking lots which need to be done before schools come back into session.
Solicitor Dias states the contract went to purchasing and he believes it is completed. The purchasing agent and the city manager have signed. Lynch’s notice to proceed has gone out and it just needs Steve Coutu to approve and then the work will begin Monday when he returns from vacation.
Acting City Manager Moore states he has been given a work schedule notice to proceed on June 14th.
X. LICENSES REQUIRING PUBLIC HEARING
A. Second Hand/Antiques
Phal Yi Antiques, 999 South Broadway (02914), Phaline Yi, 51 Linwood Avenue, Providence (02886)
Phaline Yi states that he has been in this business for 19 years he now works in Seekonk, MA and does the woodworking and this new business will be his showroom.
A motion to approve the License is made by Councilwoman Sousa, seconded by Councilman Botelho and on a roll call vote the motion passes unanimously 3-0 with Councilman Faria and Mayor Briden Absent.
XI. LICENSES NOT REQUIRING PUBLIC HEARING
A. Hawker/Peddler
Additional Truck, The Juice Oasis, Inc., 33 Walker Street, Swansea, MA 02777, John Larkin, 33 Walker Street, Swansea, MA 02777
Patricia Larkin is present on behalf of John Larkin.
A motion to approve the License is made by Councilwoman Sousa, seconded by Councilman Botelho and on a roll call vote the motion passes unanimously 3-0 with Councilman Faria and Mayor Briden Absent.
B. Hawker/Peddler
Additional Driver, The Juice Oasis, Inc., 33 Walker Street, Swansea, MA 02777, Jenna Smith, 160 Cherry Hill Drive, Seekonk, MA 02771
A motion to approve the License is made by Councilwoman Sousa, seconded by Councilman Botelho and on a roll call vote the motion passes unanimously 3-0 with Councilman Faria and Mayor Briden Absent.
XII. PUBLIC HEARING – ORDINANCES FINAL PASSAGE
A. 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 Councilwoman Sousa, seconded by Councilman Botelho and on a roll call vote the motion passes unanimously 3-0 with Councilman Faria and Mayor Briden Absent.
SECTION I. Section 18-311 entitled “Same--60 minutes” of Article X entitled “Stopping, Standing and Parking” of Chapter 18 entitled “Vehicles and Traffic” is amended by deleting therefrom the following:
Grosvenor Avenue (south side) from Taunton Avenue for 130 feet between 8:00 a.m. and 6:00 p.m., except Sundays and holidays.
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 Councilman Botelho and on a roll call vote the motion passes unanimously 3-0 with Councilman Faria and Mayor Briden Absent.
B. 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 Councilwoman Sousa, seconded by Councilman Botelho and on a roll call vote the motion passes unanimously 3-0 with Councilman Faria and Mayor Briden Absent.
SECTION I. Sec. 18-312 entitled “Same—120 minutes” of Article X entitled “Stopping, Standing and Parking” of Chapter 18 entitled “Vehicles and Traffic” is amended by adding thereto the following:
Grosvenor Avenue (south side) from Taunton Avenue easterly for 130 feet between 8:00 a.m. and 6:00 p.m., except Sundays and holidays
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 Councilman Botelho and on a roll call vote the motion passes unanimously 3-0 with Councilman Faria and Mayor Briden Absent.
C. AN ORDINANCE IN AMENDMENT OF CHAPTER 13 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “PUBLIC PLACES”
A motion to dispense with the reading of the ordinance is made by Councilman Botelho, seconded by Councilwoman Sousa and on a roll call vote the motion passes unanimously 3-0 with Councilman Faria and Mayor Briden Absent.
SECTION I. Article I entitled “In General” of Chapter 13 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Public Places” is amended by adding thereto the following:
Sec. 13-4. Smoking at public places.
(a) Since smoking is a public nuisance and dangerous to public health, it shall be unlawful for any person to smoke in any form or otherwise use tobacco products, including electronic cigarettes, in any public buildings, public parks or any other indoor or outdoor recreational areas or facilities owned by the City or leased by the City as lessee, and in all motor vehicles of any type or kind owned, rented, leased or used by the City or any of its departments, boards, or commissions.
(b) This smoking prohibition includes the confines of RIPTA bus shelters throughout the City and such shelters outside of senior centers or public squares.
(c) This excludes public sidewalks, streets and leased properties in which the City is the lessor. In all properties leased from the City, lessee must provide for a separate area for smokers apart from other patrons, if smoking is allowed. If a smoking area is provided, the lessee is responsible to clean up the area of all litter, cigarette butts, etc. at the end of the event.
A violation of the provisions of this section shall be considered a public nuisance. Any person violating the provisions of this section shall be subject to immediate ejection from the area, punished by a fine not exceeding $50.00, and required to perform up to twenty (20) hours of community service. Each violation of the provisions of this section shall constitute a separate offense.
SECTION II. This ordinance shall take effect upon its second passage and all ordinances or parts of ordinances inconsistent herewith are hereby repealed.
Requested by: Councilman Faria
A motion to approve the Ordinance for Final Passage is made by Councilwoman Sousa, seconded by Councilman Botelho and on a roll call vote the motion passes unanimously 3-0 with Councilman Faria and Mayor Briden Absent.
XIII. NEW BUSINESS
A. City Managers Report (by Acting City Manager Malcolm Moore )
1. Raises for City Non Union/Department Heads
A motion to defer this item until the entire Council is present is made by Councilwoman Sousa, seconded by Councilman Botelho and on a roll call vote the motion passes unanimously 3-0 with Councilman Faria and Mayor Briden Absent.
2. Renewable Energy (Net Metering) RFP 17/18 – 6 Bid Award
This item was discussed earlier on the docket.
3. Discussion of City Hall Hours
Acting City Manager Moore informs the Council that he has spoken to the unions about this and have not yet been able to sit with the steelworkers regarding having City Hall open one night and close early on Friday. This is still in negotiations and he hopes to get back to the Council at the next meeting.
4. Discussion of City Council Chambers
Acting City Manager Moore informs the Council that the upgrade to the council chambers is to hang up the large screen tvs and to have more streaming options. Ed Catelli had mentioned about retrofitting all the seats in the chamber and it's the largest room and has been underutilized. They would like to fix the seating and have a plan from WB Mason to remove the existing seating and bring in individual chairs. He shows an example of the chairs and adds there would be tables which could roll in. The police and fire testing and other training could be used and the room could be more of a function room and get more use. With the school department also in the building it can be cramped for space. Councilwoman Sousa asks about the monitors and pricing.
Acting City Manager Moore notes that the monitors have already arrived they were able to get the larger monitors and mounts as well as chrome cast and are working with Ed Catelli to get them mounted to the walls.
5. Request to purchase National Grid Street Lights at $218,024.40 for the purpose of converting to LED
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 Councilwoman Sousa 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 – Aye, Mayor Briden – Absent, the motion is approved 3-0.
EAST PROVIDENCE CLAIMS COMMITTEE
CLAIMS & LITIGATION REPORT
TUESDAY, JUNE 19, 2018; ROOM 101; 7:00 P.M.
====================================================================
NEW CLAIMS
PAULA GONSALVES $765.45
RM No. 18-059, Claim No. 18-038
Claim for property damage to vehicle sustained as a result of striking potholes on New Road and Pleasant Street. See recommendation of the Director of Public Works.
Motion by: Councilwoman Sousa Seconded by: Councilman Britto
Motion: Approve the claim in the amount of $300.00.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | | √ | |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | √ | | √ |
KATHLEEN HIGGINBOTHAM $713.91
RM No. 18-061, Claim No. 18-040
Claim for property damage due to a tree limb from a City tree located on the Union Primary School property falling onto a section of fence. See recommendation of the Director of Public Works.
Motion by: Botelho Britto Faria Sousa Briden Seconded by: Botelho Britto Faria Sousa Briden
Motion: Claim withdrawn.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | | | | | |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | | | |
GEORGE ORTIZ $192.50
RM No. 18-064, Claim No. 18-042
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: Councilman Botelho Seconded by: Councilwoman Sousa
Motion: Approve the claim in the amount of $192.50.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | | √ | |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | √ | | √ |
THOMAS C. RILEY $5,983.72
RM No. 18-046, Claim No. 18-029
Claim for excessive fees and charges related to the emergency placement of tenants at 164-166 Grove Avenue. See recommendation of the Director of Public Works.
Motion by: Councilman Botelho Seconded by: Councilwoman Sousa
Motion: Defer the matter until claimant makes a financial attempt to redeem the property.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | | √ | |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | √ | | √ |
THOMAS C. RILEY $448.00
RM No. 18-046, Claim No. 18-029
Claim for excessive fees and charges related to a minimum housing violation (overgrown grass) at 164-166 Grove Avenue. See recommendation of the Director of Public Works.
Motion by: Councilman Botelho Seconded by: Councilwoman Sousa
Motion: Defer the matter until claimant makes a financial attempt to redeem the property.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | | √ | |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | √ | | √ |
THOMAS C. RILEY $604.88
RM No. 18-046, Claim No. 18-029
Claim for excessive fees and charges related to the boarding of the garage at 164-166 Grove Avenue. See recommendation of the Director of Public Works.
Motion by: Councilman Botelho Seconded by: Councilwoman Sousa
Motion: Defer the matter until claimant makes a financial attempt to redeem the property.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | | √ | |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | √ | | √ |
THOMAS C. RILEY $400.00
RM No. 18-046, Claim No. 18-029
Claim for an additional sewer charge abatement for the property at 164-166 Grove Avenue. 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 | | | √ | | √ |
THOMAS C. RILEY Unspecified
RM No. 18-046, Claim No. 18-029
Claim for inability to pay water bills for residential and rental properties due to financial and medical hardship.
Motion by: Councilman Botelho Seconded by: Councilman Britto
Motion: Deny the claim.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | | √ | |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | √ | | √ |
THOMAS C. RILEY $2,745.00
RM No. 18-046, Claim No. 18-029
Claim alleging due process was not followed when the City shut off the water at claimant’s rental property at 215-217 South Hull Street.
Motion by: Councilman Botelho Seconded by: Councilman Britto
Motion: Deny the claim.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | | √ | |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | √ | | √ |
EVERETT STUBBS $170.00
RM No. 18-065, Claim No. 18-043
Claim for property damage to vehicle sustained as a result of striking a pothole on Taylor Drive. See recommendation of the Director of Public Works.
Motion by: Councilman Britto Seconded by: Councilwoman Sousa
Motion: Approve the claim in the amount of $170.00.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | | √ | |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | √ | | √ |
VERIZON $334.40
RM No. 18-066, Claim No. 18-044
Claim for damage to a tele-communication line sustained when a City crew was removing a tree on Grassmere Avenue. See recommendation of the Director of Public Works.
Motion by: Councilwoman Sousa Seconded by: Councilman Britto
Motion: Approve the claim in the amount of $334.40.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | | √ | |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | √ | | √ |
SEWER CHARGE ABATEMENTS
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: Councilman Botelho Seconded by: Councilwoman Sousa
Motion: Defer for additional information from the Director of Public Works.
| VOTE | COUNCILMAN BOTELHO | ASST. MAYOR BRITTO | COUNCILMAN FARIA | COUNCILWOMAN SOUSA | MAYOR BRIDEN |
| Aye | √ | √ | | √ | |
| Nay | | | | | |
| Abstain | | | | | |
| Absent | | | √ | | √ |
A motion is made by Councilman Britto, seconded by Councilwoman Sousa to adjourn at 7:21 p.m. and reconvene in open session. Upon a roll call vote, the motion is approved 3-0.
A motion to approve the License is made by Councilman Botelho, seconded by Councilwoman Sousa and on a roll call vote the motion passes unanimously 3-0 with Councilman Faria and Mayor Briden Absent.
1. Purchase and Sales Agreement Hoppin and Burnside Avenues – Old Platt Waters Property (by City Solicitor Gregory Dias)
This item was discussed earlier under Communications.
C. Report of School Committee Liaison
There is no Report.
D. 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 Councilwoman Sousa, seconded by Councilman Botelho and on a roll call vote the motion passes unanimously 3-0 with Councilman Faria and Mayor Briden Absent.
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
Councilwoman Sousa states there have been concerns of the neighbors that there can be no parking due to the narrowness of the street as cars are getting hit and there have been accidents.
A motion to approve the Ordinance for First Passage is made by Councilwoman Sousa, seconded by Councilman Botelho and on a roll call vote the motion passes unanimously 3-0 with Councilman Faria and Mayor Briden Absent.
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”
A motion to Dispense with the Reading of the Ordinance is made by Councilwoman Sousa, seconded by Councilman Botelho and on a roll call vote the motion passes unanimously 3-0 with Councilman Faria and Mayor Briden Absent.
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
Councilwoman Sousa states there are concerns in the neighborhood that it has become a race strip with just the one stop sign and she has gone there and observed this herself it is next to Hennessey School and Pierce Field.
A motion to approve the Ordinance for First Passage is made by Councilwoman Sousa, seconded by Councilman Botelho and on a roll call vote the motion passes unanimously 3-0 with Councilman Faria and Mayor Briden Absent.
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
A motion to Dispense with the Reading of the Ordinance is made by Councilman Botelho, seconded by Councilwoman Sousa and on a roll call vote the motion passes unanimously 3-0 with Councilman Faria and Mayor Briden Absent.
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
Councilman Botelho notes that Acting City Manager Moore approved the change order on May 1st via the infrastructure bank. The Council just has to tell them it is ok to borrow the money.
Assistant Mayor Britto asks if this the costs.
Acting City Manager Moore states it is the 10 percent in the debt service account.
Councilman Botelho notes that this is so they don’t get those nasty letters in the mail saying the drinking water is not safe to drink, which is it and this will remove the by product and this should be the final phase.
Acting City Manager Moore yes and that it should be as Mr. Marvel states and will not increase rates and will ensure the water does not get stagnant and this is factored into the cost.
Assistant Mayor Brito requests the total from the Acting City Manager.
A motion to approve the Ordinance for First Passage is made by Councilman Botelho, seconded by Councilwoman Sousa and on a roll call vote the motion passes unanimously 3-0 with Councilman Faria and Mayor Briden Absent.
XIV. ADJOURNMENT
A motion to Adjourn at 9:28Pm is made by Councilwoman Sousa, seconded by Councilman Botelho and on a roll call vote the motion passes unanimously 3-0 with Councilman Faria and Mayor Briden Absent.
Approved By Council: July 24, 2018
Attest: _______________
City Clerk