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.      Phil Cordeiro

2.      Donald Jordan

3.      David Margolis

B.     Pending Claims

1.      Church of the Epiphany

C.    Sewer Charge Abatements

1.      Robert Costa

2.      Kathryn A. Johnson

3.      Virginia A. Kanelos

4.      Stephen Kirsch

5.      Kathleen M. Macomber

6.      Saundra McMillan

7.      Deborah Phillips

8.      Charlene Vargas

D.    Litigation

1.   GeoNova Development Co., Inc. vs. City of East Providence

C.A. No. PB-09-5341

Status Update

2.   Brian Faria vs. East Providence City Council

City of East Providence/East Providence City Council vs. Brian Faria

C.A. No. PM-2018-4406

Status Update

II.                OPEN SESSION

III.             CALL TO ORDER

Mayor Briden calls the meeting to order at 7:50PM

IV.             SALUTE TO THE FLAG

V.                TO APPROVE THE CONSENT CALENDAR

A.    Letters

VI.             COMMUNICATIONS

A.    Donald T. Cunard and Sherry A. Clarke, 3040 Pawtucket Avenue, Apartment 104-A requesting to address the Council regarding Cedarhurst Apartments - Bayview School – Bradley Children’s Hospital traffic issues, very dangerous area, speeding and running of stop signs. 

Mr. Cunard and Ms. Clarke are not present.

VII.          PUBLIC COMMENT

A.    Thomas Riley, 3620 Pawtucket Avenue (02915) – Sewer Charges

VIII.       APPOINTMENTS

A.    Traffic Control (by Mayor Briden)

Carl Torres, 106 Beverly Road (02915)

A motion to approve the Appointment is made by Assistant Mayor Britto, seconded by Councilwoman Sousa and on a roll call vote it is unanimous 4-0 with Councilman Botelho Absent. 

B.     Affirmative Action (by Councilwoman Sousa)

Janel Walker, 53 Outlook Avenue (02914)

A motion to approve the Appointment is made by Councilwoman Sousa, seconded by Assistant Mayor and on a roll call vote it is unanimous 4-0 with Councilman Botelho Absent. 

C.     Affirmative Action (by Councilman Botelho)

Haywood Ross, 81 Fairview Avenue (02914)

A motion to approve the Appointment is made by Councilwoman Sousa, seconded by Assistant Mayor and on a roll call vote it is unanimous 4-0 with Councilman Botelho Absent. 

D.    Affirmative Action Re-Appointment (by Mayor Briden)

Jerome Spinola, 200 East Shore Circle (02915)

A motion to approve the Appointment is made by Councilwoman Sousa, seconded by Assistant Mayor and on a roll call vote it is unanimous 4-0 with Councilman Botelho Absent. 

The licenses are moved to this location on the docket. 

IX.             LICENSES REQUIRING PUBLIC HEARING

A.    B Full Priv Vict – Transfer

Transfer from William M. Lewis DBA Lucky’s Bar & Grille to WML Inc DBA Lucky’s Bar & Grille, 1175 Warren Avenue (02914), William Lewis, 112 Prescott Avenue (02915)

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

X.                LICENSES NOT REQUIRING PUBLIC HEARING

A.    Vict Over 50 - Transfer

Transfer from Willaim M. Lewis DBA Lucky’s Bar & Grille to WML Inc DBA Lucky’s Bar & Grille, 1175 Warren Avenue (02914), William Lewis, 112 Prescott Avenue (02915)

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

XI.             COUNCIL MEMBERS

A.    Update on Seimans Contract (LED Streetlights) (by Councilman Faria

The City Manager states the city does not have a contract.  They have worked at this and there are questions which came up and they were not able to get answers.  There are various options.  Originally they looked at option 2 which provided software to brighten, dim and shut down the lights.  They are concerned with how vulnerable it would be and if it could be hacked.  They have safety questions and they waiting for those answers.  Additionally, Seimans hasn't hemmed down or solidified their own contract from their legal department and they hope to have it on the next docket.

B.     The Cost of Legal Outsourcing (by Councilman Faria)

The next two items are combined.

Councilman Faria states that legal fees and the majority of his issue has been $38,000 in out sourcing which makes the solicitor powerful.  There are no merits to this hearing.  He was denied any type of discovery. The motions cost $180 and that hearing was moot and the intention was to see if he could be indemnified.  He wanted the discovery to prepare a defense.  The city's paid $5600 to Melanie Alger and over $10,000 since September.  He hasn't filed a single motion or filed any briefs. How can they charge this?  The state police said there is nothing and that man over there wants to cast a doubt because it is an opportunity.  The captain testified there was nothing removed or copied these items were APRAs filed against him and contained his own information, water bills, taxes and if there was a shred of evidence he can assure all there would have been an issue. He has made this man city manager and they have another captain in Human Resources and he wants to know is this city hall or the police department. The State Police are too classy, the Attorney General is not going to get involved in city politics.  What are they going to sue him for his DVD collection?  He stood up against his party to nominate the clerk and his father is the head of that party and they haven't had any conversations since.  This was very disturbing to see that is a year’s salary to many and what is the end game to harass, to attack his credibility to make sure a certain message doesn't get out.  This is very upsetting to him and he is not getting into any personnel issues he knows people have made APRA requests and they are requesting personal phone messages, instant messages and in the interest of the public he will post all phone records between him and any city official. 

C.     Taxpayer cost in outsourced legal fees to date to civilly sue Councilman Brian Faria (by Councilman Faria)

Councilman Faria combined items B. and C.

D.    City Email (by Councilman Faria)

Councilman Faria requests to call up the IT Director and the CM denies the request adding he can inquire through the city manager.

E.     Constituent Issues (by Councilman Faria)

Councilman Faria states he can't work with a city manager that does not return his calls. He calls Director Coutu up to ask if he has an update on the sidewalks.

Director Coutu explains he has no update on the sidewalks on Legion Way.  The city manager explains there is a long list of sidewalk repairs and they are getting to as many as they can and its coming to the end of the season. They are really working hard.

Councilman Faria complains they are stopping the sidewalks short. 

Councilman Faria asks to have Mr. Riley come to the podium to speak and Mayor Briden states that due to the open meetings laws if there is a topic which the Councilman wants to address and call up Mr. Riley he will need to list that topic on the docket for the next Council meeting it cannot just state Constituent Issues. 

F.      Update State Street (by Councilwoman Sousa)

Councilwoman Sousa discusses the ongoing project with the culverts in the State Street area.  She is aware that the water is not receding in that area like it normally does.  The river is over full as well and there is there a drainage issue.

Director Coutu explains they still don't have all the approvals required from Seekonk.  Acting City Manager Parella spoke with their Town Administrator.

Councilwoman Sousa questions why since they had previously spoke with the Town Administrator and were moving forward.

City Manager Parella states they explained they needed the contract taken care of and the Town Administrator did and he personally delivered this but when Director Coutu reviewed it there were other things the Highway Director in Seekonk wasn't willing to sign off on.  At this point they again contacted the Town Manager in Seekonk and he assured them he would get to the bottom of it and the Town Manager thought it was taken care of and told him it was not going to be a problem.

Director Coutu Steve states that at this point he will reserve judgement until he receives that paperwork which they have indicated he will have by end of week.  The Director still had some minor conditions and now even if they get the permit tomorrow or Thursday they are operating under a different condition and it was bid by Lynch to other conditions when the flow was low and it remains high.  The question is if it is going to cost more money he doesn't know it's really only supposed to be a 30 day closing.

Acting City Manager Parella states the Town Manager acknowledges there are people suffering and he is going to get to the bottom of it.

Councilwoman Sousa states the Seekonk DPW Director is the one with the issue and Director Coutu states yes as he signs off on the opening of the road permit solely but that has already been looked at by the Seekonk Conservation Commission and even today it still remains a concern though he feels more comfortable with the issuing of the permit but reserves judgment until he reads his concerns.  The Seekonk DPW Director did go there with him once.

Councilwoman Sousa states that she would like to call in for an update this week to check to see if the Town Manager needs to meet with the DPW Director and maybe they should bring him there or have that neighborhood go to their town hall and protest this.

G.    Update on Peirce Field Score Board, Handicap Accessibility and Repairs (by Councilwoman Sousa)

Councilwoman Sousa states that there has been discussion regarding the condition of the field and she had a meeting with the Chief and she is requesting an update.

Acting City Manager Parella states that there was storm related damage previously to the score board and this was covered by insurance and was already in the cue and the company making the repair has since put one out on loan and that is what is there now.  The graphics were sent to him and approved and that was the last bit of that project.  Now it's up to the company to get the repaired one up.

Councilwoman Sousa states there are complaints that the area is not handicap accessible and causes a problem for those residents who want to attend.  One of the problems that she finds with the field that she mentioned to the administration and she compiled a list of areas that had infrastructures issues due to neglect or lack of funding and this has been one of those areas.  Redoing the basketball courts is important as they don't last forever due to weather and use and upkeep is essentially to utilize these safely on a daily basis.  She wants to bring to the attention of the council during the budget placing this under parks and recreation is better suited as infrastructure and maintenance under DPW where he has the equipment and manpower to maintain it on a regular basis.  Diane Sullivan does a great job but just doesn’t have the man power or the tools.

Assistant Mayor Britto states this goes with the conversation they had last meeting regarding Bold Point and that is a perfect example to put the funds directly there to go to the field instead of the general fund.

Councilwoman Sousa states as the field is a nice size complex and requires a lot of maintenance and upkeep the infrastructure is not just grounds and the other issue is getting things done and not acting on these projects which only further worsens the situation and now requires more money to fix them than it would have.  

XII.          PUBLIC HEARING – ORDINANCES

AN ORDINANCE IN AMENDMENT OF CHAPTER 19 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND 1998,

AS AMENDED, ENTITLED “ZONING”

SECTION I.  Sec. 19-489 entitled “Designation of historic districts” of Article X entitled “Historic Area Zoning” of Chapter 19 entitled “Zoning” is hereby amended to read as follows:

Sec. 19-489. Designation of historic districts.

For the purpose of this chapter, the historic district shall be map 505, block 1, parcel 1. Property owned by the city within the boundaries of the designated historic district shall not be exempt from the provisions of this chapter.

The following properties are deemed as historic districts:

Hunt’s Mills Historic District

Map 505, Block 1, Parcel 1

Rumford Historic District (to be protected solely by Section 19-493 entitled “Special criteria for demolition and removal”)

Map 404, Block 18, Parcel 21.2

Map 501, Block 1, Parcel 1

Map 504, Block 1, Parcels 2, 3, 4, 5, 7, 8, 18, 19, 20, 22, 32, 43, 44, 45, 55, 56, 63, 64, 68, 82, 83, 84 and 96

Map 504, Block 2, Parcels 1 and 7

Map 504, Block 4, Parcels 3 and 5

Map 504, Block 5, Parcels 1, 2, 3, 4, 5, 6, 7, 9, 11, 12 and 13

Map 504, Block 8, Parcel 2

Map 504, Block 9, Parcels 1, 2, 3, 4, 5 and 6

Map 504, Block 10, Parcel 1

Map 504, Block 11, Parcels 1, 2, 3, 4, 5, 6 and 7

Map 504, Block 12, Parcels 1, 2 and 3

Map 504, Block 13, Parcels 1, 2, 3, and 4

Map 504, Block 14, Parcels 1, 34, 35, 36, 37, 45 and 46

Map 504, Block 15, Parcels 1 and 2

Map 504, Block 16, Parcel 1

Map 604, Block 1, Parcels 33, 35 and 36

SECTION II.  Sec. 19-490 entitled “Historic district commission” of Article X entitled “Historic Area Zoning” of Chapter 19 entitled “Zoning” is hereby amended to read as follows:

Sec. 19-490. Historic district commission.

(a)    The commission shall consist of seven members who are residents of the city, five of which shall be appointed by the city council with one at the recommendation of each council member, the remaining two shall be appointed by the mayor, provided that the initial members serve staggered terms. Members should have a demonstrated interest in historic preservation, architectural history, planning, archaeology, historic construction, architecture, or local history. The city council shall have the right to name a council member as an auxiliary member of the commission, to sit as a non-voting eighth member of the commission. and the right to designate two ex-officio non-voting members that have a demonstrated interest in historic preservation, architectural history, planning, archaeology, historic construction, architecture, or local history.

(b)   Appointed members shall serve a period of three years and be eligible for reappointment. If a vacancy occurs on the commission, interim appointments of appointed members shall be made by the original appointing authority to complete the unexpired term of such position.

(c)    The commission shall organize annually by electing from its membership a chair, vice-chair, and secretary and may adopt rules of procedure deemed necessary in discharging its duties.

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

Requested by:  Historic District Commission

Mayor Briden opens this item up for anyone in the public wishing to speak there is then a motion to move this item to the November 7^th Council meeting.

A motion to move the item to the November 7, 2018 Council meeting is made by Councilwoman Sousa, seconded by Councilman Faria and on a roll call vote it is unanimous 4-0 with Councilman Botelho Absent. 

XIII.       PUBLIC HEARING -  BUDGET FY 2018-2019

A. ORDINANCE OF THE COUNCIL OF THE CITY OF EAST PROVIDENCE APPROPRIATING $185,201,823 FOR THE SUPPORT OF THE CITY GOVERNMENT FOR THE FISCAL YEAR ENDING OCTOBER 31, 2019

SECTION I. The general fund receipts for the fiscal year ending October 31, 2019 have been established to amount to $185,201,823 made up as follows:

SECTION II.  To defray the expenses of the City of East Providence for the fiscal year commencing November 1, 2018 and ending October 31, 2019, the sum of  money, or so much thereof as are authorized by law indicated in the accompanying  schedule, are hereby appropriated for the objects and purposes, and in the amounts  expressed therein, provided that payments thereunder shall be subject to the provisions of the City Charter of the City of East Providence and also subject to the provisions of said City Charter relative to the manner and form of expenditures of money set forth in said Charter from the City Treasury.

SECTION III.  All monies appropriated are to be expended by the various departments in the manner and form approved by the Director of Finance.

SECTION IV.  The payment to the School Fund of the following estimated receipts, included in the appropriation of $85,021,107 for the support of the public schools for the City of East Providence fiscal year 2018-2019, shall be increased or decreased to conform to the actual amounts received from such sources during the fiscal year 2018-2019 except the appropriation of property tax.

SECTION V.  The purpose of this ordinance is to adopt the Budget for the fiscal year 2018-2019 which begins November 1, 2018 and ends October 31, 2019 as prepared and submitted by the City Manager, and to implement the recommendations as set forth in the City Manager's Budget Message by the approval of said recommendations as contained herein, or by other ordinances or resolutions of the Council of the City of East Providence; all in accordance with the provisions of said Article.

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

Requested by:  Director of Finance

The City Manager provides a brief review on what happened at the budget workshops.  Director Moore and Paul Luba forecasted a 3% tax increase largely due to anticipated state aid for school funding which is not going up.  They were able to come in at a 2.9% and a .8% to put away to help fund the school bond if passed.  The consensus was not to put that away and this brings it down to 2.1%. The council made it clear that was way too much and there was no appetite for an increase of that nature.  They worked at making some very deep cuts and brought back some modifications bringing it to 1.59%.  This does away with any new positions and he lists the departments which were cut.  $78,000 from the mayor's office, the PR person at $52,989, from the IT, a clerk position from city clerk, tax assessment for future revaluations, highway department, a decrease in the price of salt and some of the repairs, $55,616 from the building department to fund a carpenter position who assists the building superintendent, the school department originally were asked for $100,000 in cuts.  They were asked for an additional $150,000 in cuts and this is a substantial cut on their end and the superintendent agreed pending the school department approval for the total cuts of $250,000.  The default right now is the original proposed budget.  The council has wide latitude to vote on which of these cuts they want to take.

The council discusses the various options.

Mayor Briden notes the goal was to make responsible cuts and which won't impede that process.

City Manager Parella states they were deeper cuts than he would like but he will not impede the council.

Councilman Faria asks about the consolidated salaries.

Assistant Mayor Britto asks how many departments this effects and if it would have an effect on the tax increase.

The City Manager lists the departments and states it will not have much of an effect on the tax increase.  The 2% salary adjustment for department heads equals $21,000.

Mayor Briden acknowledges they want to keep that in place as part of the budget the 2.3 will be allocated to a school bond if approved and it is significantly more this year than previous because it includes the synch fund and we want to keep it there to remain as part of our budget.

Director Moore is called to the podium and discusses the capital fund and how that works. 

Mayor Briden states that as a council their jurisdiction is with regard to the budget not the salaries those are city manager issues and their job is the broad brush strokes not the item in the city manager's jurisdiction.

Public Testimony:

Dan Landry, 19 Larchwood Drive, Rumford

He supports the reduction in the tax increase.   He discusses a topic he has brought before numerous council's; the need for a rescue at the Rumford fire station. 

Chief Elmasian comes to the podium an discusses the history of the topic and the cost as well as the way current emergencies are handled and the time it takes to respond. 

Assistant Mayor Britto asks about the overtime and why the need for the new 8 fire fighters for a fourth rescue and if the resources are in this current budget. 

Chief Elmasian states they are not.

Assistant Mayor Britto asks about uniforms and supplies and the total dollar amount for that. 

Chief Elmasian explains the state law regarding minimum manning as well as equipment and uniforms and the issue with arbitration if they do not comply. We could cut but as soon as payment to members we will lose it in arbitration Dan Landry notes that he wants to be on the record he is not in favor of hiring 8 new guys or paying overtime to run the rescue.  He discusses cost saving opportunities such as the police have done with the lateral hiring and avoiding training costs.

Chief Elmasian explains the state of RI just started a full time fire academy and the pool of candidates are slim maybe in 10 years when the numbers increase.

Brian Coogan, 169 Grosvenor Avenue asks if the the salaries are going to be listed in this budget.

The City Manager states the Council as those and they can be posted.  

Brian Coogan states he is 150% in favor of a rescue in Rumford  especially with all of the new and old buildings being developed in that area.  He complains about the police vehicles and speaks about the Chief's vehicle. 

City Manager Parella states that every police vehicle the city has bought for the last 5-6 years was bought by the department.  Joe Tavares was the chief at the time and spent $1 million and took the old vehicles and gave them all out to the other departments.  The fire chief and many of the vehicles they use are EPPD as are, building inspection etc… whatever the repair costs and what they have saved the city in not purchasing vehicles it is from asset forfeiture funds.  They continue to receive these and just received one for $600,000.  There is no way to know how long it will last and it is very specific what they can purchase and it can't supplant the budget.  There are 2-3 SUVs which are no longer being tracked by the federal government and with the exception of the chief and major and 4 captains everyone is strictly for work.  The captains have limited personal use.  Additionally, are in a union and have an MOU.  He and the major and limited and there is a gas line item.  The take home ability was put in by the former chief who worked it out with City Manager Lemont. They are spec-ing out new vehicles and the police will fund everything they can within the parameters allowed by law.

Brian Coogan discusses asking developers to negotiate funding a rescue. 

Chief Elmasian states this was mentioned years ago but the Budget Commission did not want to hurt any possible development or scare them off. 

Tom Riley, 3620 Pawtucket Avenue, 02915 discusses the synch fund which he feels has become a secondary piggy bank to the rainy day fund and the fact that money will come in during the revaluation and it’s there for a rescue.

James M. Russo, 300 East Shore Circle, 02914 supports the Acting City Manager's original proposal to start funding the debt for the school bond.  It's fiscally prudent and a sound move for the reasons Mr. Luba spoke about.  Regarding the mayor's office he served as the chair of the charter commission.  He discusses the need for the positions and the difference in the mayor's office and the city manager's office.

Councilman Faria states he agrees with the reduction in the tax rate and they need to look for cuts. 

Damian Ramos, 78 Vine Street, 02914 discusses the renovations needed at Pierce Field which were discussed at the last meeting and he is wondering if any of that stuff in the budget.  He agrees with the funding from Bold Point Park going directly to the field. 

The City Manager responds there is money in the budget for the field for maintenance for upkeep and repairs.  They looked at what was spent last year and ultimately the department head brings in requests for projects and this is looked at before the process is even begun.  They started out with obstacles being underfunded by the state for the schools.  While he feels there is enough money to make some of those repairs they have to understand that they do cost money and that the cuts they continue to make are equal to or surpass the Budget Commission's policy.  He adds he will speak with the Director of Recreation. 

Mayor Briden notes that the salary study on how the salaries compare with the state is an item for a future discussion and if they are highly paid compared to their counterparts around the state then the question would be do they have a responsibility to keep costs down and this is especially true if they are not making certain repairs.  In keeping costs down often times they have to make choices based on limited resources.  A recreation center can't be part of a vocabulary when they are building a new school and most things on the ballot end up getting approved.

Assistant Mayor Britto states they do need a recreation center but with the new high school being built they can't. 

Councilwoman Sousa discusses city buildings already existing to use and suggests putting that in a 5 year plan.

Mayor Briden states there is a boys club which can handle the recreation center items.  Non-profits handle those functions much better than a government can and if they keep adding things like recreation centers these will require more employees.

Assistant Mayor Britto notes the city has one and the old building is not big enough. 

The Solicitor reports there was a motion in Executive Session and a second on the motion and it was approved unanimously to seek for further action to be taken to seek compliance with a court order regarding the case with Councilman Faria.  There was a motion and second and it was unanimous seal the minutes.  There was a discussion and an update on the Geonova litigation item and no motions were taken. 

A request to extend the meeting by 15 minutes is made by Assistant Mayor Britto. 

XIV.       NEW BUSINESS

A.    City Managers Report  (by Acting City Manager Christopher J. Parella )

1.      Bid Award Fire Department Station 2 Bathroom – Marino Construction

Chief Elmasian comes to the podium to explain the second round of bidding and the work over time at that station.  They have excellent cooperation with the sharing of the bathroom and prices last year were through the roof.  However this bathroom needs to get done. 

Councilwoman Sousa notes that even including materials it seems like a lot of money for a bathroom. 

Chief Elmasian addresses the new plumbing, asbestos tiles and relocating the fire alarm and adding sprinklers. 

Mayor Briden requests this item be listed on the next Council docket with more information to be provided. 

Councilman Faria leave the meeting at 10:50PM.

2.      Water Rate Presentation

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 Mayor Briden and seconded by Councilwoman Sousa to convene in closed session for the purposes of discussing claims & litigation.  Upon a roll call vote:  Councilman Botelho – Absent, Assistant Mayor Britto – Aye, Councilman Faria – Absent, Councilwoman Sousa – Aye, Mayor Briden – Aye, the motion is approved 3-0.

            EAST PROVIDENCE CLAIMS COMMITTEE

            CLAIMS & LITIGATION REPORT

            TUESDAY, OCTOBER 2, 2018; 6:45 P.M.; ROOM 101

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

            NEW CLAIMS

All new claims were deferred.

PHIL CORDEIRO     $1,350.00

RM No. 18-100, Claim No. 18-060

Claim for reimbursement of expenses incurred as a result of several sewer backups due to roots from a City tree.  See recommendation of the Director of Public Works.

Motion by:  Botelho  Britto  Faria  Sousa  Briden      Seconded by:  Botelho  Britto  Faria  Sousa  Briden

Motion:_______________________________________________________________________

DONALD JORDAN $216.40

RM No. 18-099, Claim No. 18-059

Claim for property damage to claimant’s vehicle tire sustained as a result of striking exposed wires on Hedley Circle which is under construction for roadway improvement work.  See recommendation of the Director of Public Works.

Motion by:  Botelho  Britto  Faria  Sousa  Briden      Seconded by:  Botelho  Britto  Faria  Sousa  Briden

Motion:_______________________________________________________________________

DAVID MARGOLIS            $991.70

RM No. 18-096, Claim No. 18-058

Claim for property damage to claimant’s vehicle tires sustained as a result of striking an unmarked manhole cover on New Road which is under construction for roadway improvement work.  See recommendation of the Director of Public Works.

Motion by:  Botelho  Britto  Faria  Sousa  Briden      Seconded by:  Botelho  Britto  Faria  Sousa  Briden

Motion:_______________________________________________________________________

PENDING CLAIMS

CHURCH OF THE EPIPHANY      $3,495.00

RM No. 18-082, Claim No. 18-050

Claim for reimbursement of snow removal costs at St. Michael & Grace (Church of the Epiphany).  A Memorandum of Understanding between the City and the church states that the City is responsible for the snow removal and maintenance of the parking lots.

Motion by:  Councilwoman Sousa                  Seconded by:  Councilman Britto

Motion:  Approve/offer to settle the claim in the amount of $2500.00.

All sewer charge abatements were deferred.

SEWER CHARGE ABATEMENTS

ROBERT COSTA      $171.84

Request for a sewer charge abatement for the property located at 115 Allerton Avenue in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Botelho  Britto  Faria  Sousa  Briden      Seconded by:  Botelho  Britto  Faria  Sousa  Briden

Motion:_______________________________________________________________________

KATHRYN A. JOHNSON   $152.40

Request for a sewer charge abatement for the property located at 35 Benedict Street in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Botelho  Britto  Faria  Sousa  Briden      Seconded by:  Botelho  Britto  Faria  Sousa  Briden

Motion:_______________________________________________________________________

VIRGINIA A. KANELOS    $81.95

Request for a sewer charge abatement for the property located at 46 Garden Drive in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Botelho  Britto  Faria  Sousa  Briden      Seconded by:  Botelho  Britto  Faria  Sousa  Briden

Motion:_______________________________________________________________________

STEPHEN KIRSCH  $110.19

Request for a sewer charge abatement for the property located at 220 Fort Street in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Botelho  Britto  Faria  Sousa  Briden      Seconded by:  Botelho  Britto  Faria  Sousa  Briden

Motion:_______________________________________________________________________

KATHLEEN M. MACOMBER        $477.50

Request for a sewer charge abatement for the property located at 122 Crown Avenue in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Botelho  Britto  Faria  Sousa  Briden      Seconded by:  Botelho  Britto  Faria  Sousa  Briden

Motion:_______________________________________________________________________

SAUNDRA McMILLAN      $58.53

Request for a sewer charge abatement for the property located at 10 Beaver Road in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Botelho  Britto  Faria  Sousa  Briden      Seconded by:  Botelho  Britto  Faria  Sousa  Briden

Motion:_______________________________________________________________________

DEBORAH PHILLIPS         $224.47

Request for a sewer charge abatement for the property located at 294 Burnside Avenue in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Botelho  Britto  Faria  Sousa  Briden      Seconded by:  Botelho  Britto  Faria  Sousa  Briden

Motion:_______________________________________________________________________

CHARLENE VARGAS        $294.03

Request for a sewer charge abatement for the property located at 76 Boyden Boulevard in accordance with City Ordinance Sec. 17-183(g).

Motion by:  Botelho  Britto  Faria  Sousa  Briden      Seconded by:  Botelho  Britto  Faria  Sousa  Briden

Motion:_______________________________________________________________________

A motion is made by Councilman Britto, seconded by Councilwoman Sousa to adjourn at 7:48 p.m. and reconvene in open session.  Upon a roll call vote, the motion is approved 4-0.

Motion exec made and second adn approv u by the 3 mot to seek for further action to be take to seek compliance w court order re Faria u and a mot to seal u

Discussion geonova update on litigation robo ded no motions taken

A motion to approve the Claims Committee Report is made by Assistant Mayor Britto, seconded by Councilwoman Sousa and on a roll call vote it is unanimous 3-0 with Councilman Botelho and Councilman Faria Absent. 

C.    Report of School Committee Liaison

There is no report.

D.    Resolutions

1. RESOLUTION ESTABLISHING THE DAY OF PORTUGAL COMMITTEE

WHEREAS, the Day of Portugal is a national holiday celebrated by the Portuguese nation every year on June 10^th and is officially known as “Dia de Portugal; and

WHEREAS, the date of June 10^th also celebrates the life of Luis Vaz de Camões, Portugal’s national poet, who wrote ‘Os Lusiadas,’ Portugal’s national epic poem celebrating the memorable 15^th century Portuguese historic achievements; and

WHEREAS, the Day of Portugal for the Portuguese people living abroad is the time to celebrate their heritage and ethnic pride; and

WHEREAS, the first day of Portugal was proclaimed in Rhode Island in 1958 by R.I. Governor Dennis J. Roberts in testimony of the importance of Portugal and its discoveries; and

WHEREAS, the City of East Providence wishes to continue to celebrate the contribution of the Portuguese people to the United States, the State of Rhode Island, and the City of East Providence.

WHEREAS, there are many residents of the City of East Providence of Portuguese decent who are willing to volunteer their time, energy and funds to assist in continuing the tradition in the city of East Providence in celebrating the Day of Portugal.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of East Providence hereby establishes a Day of Portugal Committee to be chaired by Anna Sousa, presently the Ward II City Council member and consisting of ten (10) volunteers.  The annual event will be done in partnership with the Rhode Island Day of Portugal non-profit organization.  The East Providence Day of Portugal Committee shall seek private and corporate sponsorship/donations to be used in a manner approved by the City Council each year to continue the tradition of this celebration in the City of East Providence.

Requested by:  Councilwoman Sousa

This item was deferred to the next Council meeting.

E.     Introduction to Ordinances

1. 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”

SECTION I.  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 by adding thereto the following:

Sec. 11-253. Death of a retired participant.

Upon death of a retired member while in receipt of a service retirement annuity shall be entitled to a survivor benefit. The survivor benefit annuity is a fixed amount and shall be equal to 67.5% of the deceased members’ annuity. Eligibility for a survivor benefit shall be subject to the following conditions:

(1)   The spouse shall have been married to the member.

(2)   The participant was not married at the time of retirement but had unmarried child/children under the age 18 including in utero at the date of retirement.  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.

(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.

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

This item was deferred to the next Council meeting.

2. AN ORDINANCE IN AMENDMENT OF CHAPTER 8 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “LICENSES AND BUSINESS REGULATIONS”

SECTION I.  Section 8-5 entitled “Closing hours for businesses” of Article I entitled “In General” of Chapter 8 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Licenses and Business Regulations” is amended to read as follows:

Sec. 8-5. Closing hours for businesses.

(a)   Generally. No shop, store or other place of trade or entertainment in the city, with the exception of licensed taverns, pharmacies, victualing houses and bowling alleys, shall be kept open between 1:00 a.m. and 4:00 a.m. during the last six days of the week.

(b)   Victualing houses and bowling alleys; permit required for extension of closing hours. No licensed victualing house or bowling alley shall be kept open between 1:00 a.m. and 4:00 a.m. during the last six days of the week without first obtaining a special permit from the city council extending the closing hour beyond 1:00 a.m. Such special permit may be granted for a probationary period or with such conditions and terms as the city council may provide. The fee for such permit shall be $100.00 125.00.

(c)   Bowling alleys on Sunday. No bowling alley shall be licensed to operate on the first day of the week between 1:00 a.m. and 12:00 noon 1:00 p.m. of the first day, unless granted a special license pursuant to Sec. 8-66.

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

This item was deferred to the next Council meeting.

3. AN ORDINANCE IN AMENDMENT OF CHAPTER 8 OF THE REVISED

 ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998,

 AS AMENDED, ENTITLED “LICENSES AND BUSINESS REGULATIONS”

SECTION I.  Sec. 8-31 entitled “Sunday sales and holiday sales” of Article II entitled “Miscellaneous Business and Occupational Licenses and Permits” of Chapter 8 of the Revised Ordinances of the City of East Providence, Rhode Island 1998, as amended, entitled “Licenses and Business Regulations” is amended to read as follows:

Sec. 8-31. Sunday sales and holiday sales.

(a)   Sunday sales. No retail establishment Retail establishments possessing a class A license shall may sell alcoholic beverages prior to twelve noon (12:00 p.m.) from no earlier than ten o’clock (10:00) a.m. to no later than six o’clock (6:00) p.m. on Sundays or on Christmas Day, if Christmas shall occur on a Sunday, unless the following Monday is a holiday, in which event the holders may remain open no later than nine o’clock (9:00) p.m. the prior Sunday.

(b)   Holiday sales. No person or retail establishment shall engage in sale on a holiday unless said person or establishment has received approval by the city council and has obtained a license from the city clerk. No license shall be issued on December 25 of any year or on Thanksgiving Day except to those retail establishments provided for under Rhode Island law.

(c)   The fee for each holiday license shall be $100.00 125.00 paid to the city clerk upon obtaining the license.

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

This item was deferred to the next Council meeting.

4. ORDINANCE OF THE COUNCIL OF THE CITY OF EAST PROVIDENCE ORDERING THE ASSESSMENT AND COLLECTION OF PROPERTY TAX ON THE RATABLE REAL ESTATE, TANGIBLE PERSONAL PROPERTY, AND AN EXCISE TAX ON REGISTERED MOTER VEHICLES AND TRAILERS

A motion to dispense with the reading of the Ordinance is made by Councilwoman Sousa, seconded by Assistant Mayor Britto and on a roll call vote it is unanimous 3-0 with Councilman Botelho and Councilman Faria Absent. 

THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:

SECTION I. That the Council of the City of the City of East Providence hereby orders the assessment and collection of a tax on ratable real estate, tangible personal property and an excise tax on registered motor vehicles and trailers in a sum not more than One Hundred One Million One Hundred Ten Thousand Eight Hundred and  Four ($101,110,804) dollars.  Said tax is for ordinary expenses, for the payment of interest and indebtedness, in whole or in part, of said city, and for other purposes authorized by law.

The Tax Assessor shall assess and apportion said tax on the inhabitants and ratable property of said city as of the 31st day of December, 2018 at twelve o'clock Eastern Standard Time, according to law, and shall on completion of said assessment, date and sign same and shall make out and certify to the Tax Collector of the City of East Providence, who is charged with the duties for the collection of taxes, on or before the 15th day of June, 2019 a complete list of the names of the persons taxed and of the total value of all the real estate and personal property assessed against each person, and also the amount of registered motor vehicles and trailers assessed against each person, and also the total amount assessed against each person on said real estate, personal estate and registered motor vehicles and trailers, opposite the name of the person or persons assessed. Upon receipt of the certified tax list by the Tax Collector, she shall proceed and collect said tax on the persons and estates liable thereof; said tax shall be due and payable on and between the 1st day of June 2019 and the 1st day of July, 2019 and provided further that if said tangible personal property, motor vehicle, and real estate taxes are paid in full on or before the 1st day of July, 2019, a discount of one and one half per centum (1.5%) of the total taxes on said tangible personal property, motor vehicles, and real estate shall be granted, and all taxes remaining unpaid on the 1st day of July, 2019 shall carry until collected a penalty at the rate of twelve per centum (12%) per annum from the 1st day of June, 2019 upon said unpaid tax, however, said taxes may be paid in four installments; the first installment of twenty-five per centum (25%) on or before the 1^st day of July, 2019, the second installment of twenty-five per centum (25%) on or before the 1st day of September, 2019, the third installment of twenty-five per centum (25%) on or before the 1st day of December, 2019 and the fourth installment of twenty-five per centum (25%) on or before the 1st day of March, 2020.

Each installment of taxes if paid on or before the last day of each installment period successively in order shall be free from any charge of interest.

If any succeeding installment of taxes is not paid by the last date of the respective unpaid balance period or periods as they occur, then the whole tax or remaining unpaid balance of the taxes as the case may be shall immediately become due and payable and carry until collected a penalty at the rate of twelve per centum, (12%) per annum.

SECTION ll. That any of said taxes not paid on or before the 1st day of March, 2020 shall forthwith be collected by levy upon the sale of real estate upon which it is assessed and by that or other due process of law in case of assessment upon personal property.

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

Requested by:  Director of Finance

A motion to approve the Ordinance for First Passage is made by Assistant Mayor Britto, seconded by Councilwoman Sousa and on a roll call vote it is unanimous 3-0 with Councilman Botelho and Councilman Faria Absent. 

5. AN ORDINANCE AUTHORIZING THE DIRECTOR OF FINANCE TO BORROW FUNDS IN ANTICIPATION OF TAXES

SECTION I. The Director of Finance is authorized to borrow during the fiscal year ending October 31, 2019 such sums of money in anticipation of the property taxes of the year as may be permitted by law for the purpose of meeting the current liabilities and expenses of the City and that the Director of Finance is authorized to issue the note or notes of the City therefore and to refund such note or notes and any tax anticipation notes of a prior year to the extent permitted by law.

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:  Director of Finance

A motion to approve the Ordinance for First Passage is made by Assistant Mayor Britto, seconded by Councilwoman Sousa and on a roll call vote it is unanimous 3-0 with Councilman Botelho and Councilman Faria Absent. 

6. AN ORDINANCE AUTHORIZING THE DIRECTOR OF FINANCE TO BORROW FUNDS IN ANTICIPATION OF REVENUE

SECTION I. The Director of Finance is authorized to borrow during the fiscal year ending October 31, 2019 such sums of money in anticipation of the sewer use fee revenue of the year as may be permitted by law for the purpose of meeting the current liabilities and expenses of the City and that the Director of Finance is authorized to issue the note or notes of the City therefore and to refund such note or notes and any revenue anticipation notes of a prior year to the extent permitted by law.

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:  Director of Finance

A motion to approve the Ordinance for First Passage is made by Councilwoman Sousa, seconded by Assistant Mayor Britto and on a roll call vote it is unanimous 3-0 with Councilman Botelho and Councilman Faria Absent. 

7. AN ORDINANCE IN AMENDMENT OF CHAPTER 17 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “UTILITIES”

SECTION I.  Subsections (a), (b) and (c) of Section 17-183 entitled “Charges to be based upon water consumption; rate” of Chapter 17 of the ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Utilities” are amended to read as follows:

(a)   The sewer charge imposed in this section shall be based upon a fixed meter charge and the water consumption of the property served either by city water, their own private supplies or both, as measured on an approved type meter.

(b)   The fixed meter charge portion of the sewer charge shall be determined as follows:

Such fee shall be prorated quarterly or monthly for users of city water who are billed on a quarterly or monthly basis.

(c)   Effective November 1, 2011 2019, the water consumption portion of the sewer charge shall be at a rate of $7.78 $7.84 per 100 cubic feet of water used based upon average winter consumption. the actual quarterly or monthly meter reading of water consumption less an annual exemption of 3,500 cubic feet. Such exemption shall be prorated quarterly or monthly for users of city water who are billed on a quarterly or monthly basis.

Effective November 1, 2012, the rate per 100 cubic feet of water will increase to $8.64.

Effective November 1, 2013, the rate per 100 cubic feet of water will increase to $9.63.

Effective November 1, 2014, the rate per 100 cubic feet of water will increase to $10.74.

Effective November 1, 2020, the water consumption portion of the sewer charge shall be at a rate of $8.00 per 100 cubic feet of water used based upon average winter consumption.

Effective November 1, 2021, the water consumption portion of the sewer charge shall be at a rate of $8.15 per 100 cubic feet of water used based upon average winter consumption.

The fixed meter charge and water consumption rate portions of the sewer charge may be adjusted as early as November 1, 2013, pursuant to the findings of a new waste water rate study that the city will commission as expeditiously as possible, but no later than 30 days after the passage of this section; to analyze additional sewer charge distribution options, including, but not limited to, split sewer charge based on residential, commercial or industrial usage class. Such sewer charge adjustments shall only be made if the new sewer charge schedule retains coverage required by indentures.

Following each winter season, the average winter consumption for each customer shall be adjusted following an analysis of the monthly meter reading data.

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 Botelho

This item is deferred to the next Council meeting. 

XV.          ADJOURNMENT

A motion to Adjourn at 11:05PM is made by Assistant Mayor Britto, seconded by Councilwoman Sousa and on a roll call vote it is unanimous 3-0 with Councilman Botelho and Councilman Faria Absent.  

Approved By Council:  October 16, 2018

Attest:  _______________

               City Clerk