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CITY OF EAST PROVIDENCE

DOCKET–REGULAR COUNCIL MEETING

TUESDAY, OCTOBER 29, 2019

CALL TO ORDER: 6:30 P.M.

Council May Call Executive Session in Room 101

145 TAUNTON AVENUE – CITY COUNCIL CHAMBERS

EAST PROVIDENCE, RHODE ISLAND

City Council:

Council President, Robert Britto – Ward 1

Council Vice-President: Bob Rodericks – At Large

Councilwoman Anna Sousa – Ward 2

Councilman Nate Cahoon – Ward 3

Councilman Ricardo Mourato – Ward 4

I. CALL TO ORDER – Council President Britto calls the meeting to order and requests a roll call by the City Clerk, Samantha Burnett. All present for the exception of Councilman Cahoon, who arrived during Executive Session.

II. INVOCATION OF EXECUTIVE SESSION – FOR VOTE

Motion to invoke Executive Session made by Councilwoman Sousa. Motion seconded by Council Vice President Rodericks. Motion passes 4-0 with Councilman Cahoon absent for the vote.

The City Council of East Providence may meet in Executive Session pursuant to Rhode Island General Laws §42-46-5 (a) (2)

a) Claims – FOR VOTE

1. Paul Galligan

2. Alton L. Arruda, Jr.

3. Manuel Jorge

b) Sewer Abatements – FOR VOTE

1. Eunice Adeyemo

2. Johnny Rivera

3. Danielle Carpenter Whitbeck

c) National Prescription Opioid Litigation Status Update Regarding Remaining in Class Action - Case No. 1:17-MD-2804

II. OPEN SESSION

Council President Britto requests a roll call by City Clerk, Samantha Burnett. All Councilors were present.

V. APPROVAL OF CONSENT CALENDAR – FOR VOTE

1.) Abatements

2019: $9,178.34 (Submitted 09/25/2019)

2019: $3,261.40 (Submitted 10/09/2019)

2.) Council Journals

Regular Session: October 1, 2019 and October 15, 2019

Special Session: October 2, 2019, October 3, 2019, October 4, 2019, October 9, 2019, October 15, 2019.

All items under, “Consent Calendar” are considered to be of a routine and noncontroversial nature by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council members so requests, in which event the item will be removed from said Consent Calendar and will be considered in its normal sequence in the docket.

Motion to approve by Council Vice President Rodericks.

Motion seconded by Councilwoman Sousa.

Motion passes unanimously, 5-0.

PUBLIC COMMENT

All persons wishing to make public comment shall sign a public comment sheet stating their name, address and the subject of their docket related item to speak on. This sheet shall be available on a desk at the entrance of the City Hall Chambers no later than forty five (45) minutes before the call to order of any regularly scheduled council meeting and shall be delivered by the City Clerk to the presiding officer no earlier than five (5) minutes before the call to order of the meeting. Each speaker will be limited to three (3) minutes. The order of the speakers will be on a first come, first serve basis and the maximum time for public comment shall be limited to thirty (30) minutes per meeting.

VI. APPOINTMENTS

a) Mayoral Appointment Requiring Council Approval

1. Zoning Board

Richard Croke – Term Expiring 8/20/2024

Appointment from Alternate to Member – FOR VOTE

Council Vice President inquired if this opening was posted and advertised for the public. The City Clerk responded that this application was posted, as listed required. Council Vice President Rodericks asked if other people were aware that this opportunity was available.

Councilman Mourato made the motion to table for additional information to ensure that the ordinance was followed regarding this seat.

Council Vice President Rodericks seconded the motion.

Councilwoman Sousa stated that though this is a Mayoral appointment, that the Council should be able to view the application before making a decision.

Policy Director, Marc Furtado stated that Mr. Croke submitted his application well in advance and that this is not a re-appointment, but a change of seat from alternate to regular member.

Councilwoman Sousa mentioned that this was the first that she knew of this appointment. Council President Britto mentioned that there was a letter of appointment, but Councilwoman Sousa was not copied on the email. Mr. Furtado stated this was done due to not violate the Open Meetings Act.

Motion passes unanimously, 5-0.

b) Council Appointment

2. Waterfront Commission

David O’Connell – Term Expiring 10/31/2023

New Member – FOR VOTE

Appointment Sponsored by: Councilwoman Sousa

Councilwoman Sousa shared with the Council that Mr. O’Connell is an active resident, sitting on the Arts Council, and a volunteer in the community. He shares the vision of the City for the Waterfront Commission.

Motion to approve by Councilwoman Sousa.

Motion seconded by Council Vice President Rodericks.

Motion passes unanimously, 5-0.

VII. COUNCIL COMMUNICATIONS

a) Discussion requesting information on any and all non-budgeted financial accounts

Council Vice President Rodericks

Council Vice President Rodericks addressed revenue line items that were not discussed during the budget process that would have been helpful to have known. He gave the example of the Live Nation revenue that hasn’t been used yet, and how possibly this could be used for the 4^th of July fireworks event at Pierce Field. Council Vice President Rodericks stated he placed this item on the docket to get more information. Finance Director, Malcolm Moore was present and stated that he did not have the information that Council Vice President requested. Council Vice President requested the City Clerk, Samantha Burnett to place this item on the next City Council meeting docket.

b) Discussion on surplus budget in city, total amount available and history thereof

Council Vice President Rodericks

This is in regards to the $6.5 million surplus that is ear marked strictly for the School Department. There is an audit report that Council Vice President had not yet seem, but has been told that it does state that this should go directly to the School Department. Council Vice President stated that he would like to get some background and more information about this. Finance Director, Malcolm Moore explained stating that he found a line item on an audit that goes as far back as 1991. Fund balance is $5.1 million. Mr. Moore acknowledged and stated that the City owes the School Department money and they just haven’t paid it to them yet. Councilman Mourato asked if that money is sitting in an account? Mr. Moore stated yes, it is in the General Fund on the city side. Council Vice President asked if there was a letter from the auditor explaining this. Mr. Moore stated no. Council Vice President Rodericks asked if there was a report that addressed this from the auditors. Mr. Moore stated no. Mr. Moore stated that everybody was aware of this, including the School Department, the mayor, Mr. Paul Luba and others. Councilman Mourato asked how the City received the money. Mr. Moore stated that the school and city used to share one bank account. At the end of the year there was usually money left over. Mr. Moore shared two pieces of paper with the Council President. In the City’s general fund and it says Due to School and it mirrors “their” side and it starts at $9.6 million and it ends at $6.5 million. (This information can be found on the auditors’ report). Council Vice President Rodericks stated concerns when the School Department was in need of things, and wondered if this could have been avoided. Mr. Moore stated that once the School Department would spend down the Capital Plan and when the School needed more money, the City would give it to them. Councilman Cahoon wanted to know if we knew the percentage of funds from the state, federal, etc. Mr. Moore only answered saying that he found the line item originating in 1991.

Councilman Cahoon asked that if say it was $6 million and can be used for school and only school use why would it impact the amount we have to borrow for City operations? Mr. Moore stated that when the City runs out of money, that includes the $6.5 million. Councilman Cahoon said that was his point and why would that money be even spent at all on the City side, if it can be used for no other purpose than for school purposes? Councilman Mourato asked who does the money really belong to and how do we pay back the school because it sounds like we’re using money that really doesn’t even belong to us, (City). Mr. Moore stated yes and no that this money is earmarked for the school. When they borrow TANs, an amount of that money is to borrow for the school department, because they don’t’ receive their money for another six months. Once received, they pay the City back, and then the School will draw it down again. He stated that he borrows TANs for the School and the City. Mr. Moore said he could give them the $6 million but then he should probably charge them for their share of the TANs. Council President Britto shared history when the school department needed money, and had cuts made, but not at any point in time, the $6.5 million was ever mentioned. Mr. Moore did not respond and Council President Britto mentioned it didn’t necessarily needed a response. Mr. Moore states that it doesn’t work that way. Council Vice President stated that there is no disputing that the City owes the School Department the $6.5 million. Mr. Moore stated that is correct. Council Vice President Rodericks mentioned that he is fine with placing this on another docket, but next time he would like to hear from the School Department.

c) Discussion on Carousel Capital Improvement Projects – Ice Rink and Blount Restaurant

Councilman Mourato

Councilman Mourato invited Tracy Johnson, Carousel Manager to speak at the podium to answer any questions the Council may have regarding these items. Council Vice President Rodericks asked if this is relative to the review of the Capital Projects. Council President mentioned that he did not want to review all of the remaining projects during this meeting, but wanted the Councilman to given the opportunity, as he has listed it on the docket.

Ms. Johnson was available and gave a presentation (included in the docket packet on file). She clearly stated that they are not asking for money to buy an ice rink. Mr. David Bacharach was also available from the City to answer additional questions.

d) Thanksgiving Food Drive for East Providence Families

Councilwoman Sousa

VIII. LICENSING

1. LICENSING NOT REQURING PUBLIC HEARING

I.) Application for Special Event – Alcoholic Beverage, Class F – FOR VOTE

a) St. Brendan’s Parish/Tamara Primmer

Turkey Raffle – November 16, 2019

Motion to approve made by Council Vice President Rodericks.

Motion seconded by Councilwoman Sousa.

Motion passes unanimously, 5-0.

b) St. Martha’s Church – Rev. David E. Green

Talent Show and Dinner – November 16, 2019

Motion to approve by Councilwoman Sousa.

Motion seconded by Council Vice President Rodericks.

Motion passes unanimously, 5-0.

c) St. Francis Xavier Church

Sao Martinho Dinner – November 16, 2019

Motion to approve by Councilwoman Sousa.

Motion seconded by Council Vice President Rodericks.

Motion passes unanimously, 5-0.

2. LICENSING WITH PUBLIC HEARING

I.) Application for Victualing License – Class 1 - FOR VOTE

a) EBISU Restaurant

250 Warren Avenue – 02914

Applicants were present with Mr. Timothy Chapman representing.

All paperwork has been turned in, according to the City Clerk.

Motion to approve by Council Vice President Rodericks.

Motion seconded by Councilwoman Sousa.

Motion passes unanimously, 5-0.

b) Class BVL Transfer Golden Dragon LLC DBA Young China Restaurant to Ebisu Group Corporation dba Ebisu Restaurant

250 Warren Avenue – 02914

Applicants were present with Mr. Timothy Chapman representing.

All paperwork has been turned in, according to the City Clerk.

Public Hearing offered. No one approached to speak.

Motion to approve by Councilwoman Sousa.

Motion seconded by Councilman Cahoon.

Motion passes unanimously, 5-0.

IX. ORDINANCES

a) FIRST PASSAGE – FOR VOTE

1. AN ORDINANCE IN AMENDMENT OF CHAPTER 3 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “ANIMALS”

NEW BUSINESS

a) Remaining Capital Projects, General Discussion (see attached list for potential vote or prioritization) – FOR VOTE

-Council Vice President Rodericks

Council Vice President stated there were two or three projects that he would like to address.

b) Capital Improvement Projects – Potential Vote on Selection From Certain Capital Projects for Approval by City Council As Set Forth in the Attached List

-Council Vice President Rodericks

The first project mentioned was Pierce Field. Motion to approve Pierce Field baseball scoreboard and sound system in the amount of $45,000 by Council Vice President Rodericks. Seconded by Councilwoman Sousa and Councilman Cahoon. Motion passes unanimously.

Second item was the DPW Parks/Riverside Recreation parking lot. Department of Public Works Director, Steve Coutu stated that this project did go out to bid and it did come back as $250,000 for parking and field space.

Motion to approve made by Councilman Cahoon

Motion seconded by Council Vice President Rodericks.

Motion passes 3-2.

The third project was Department Public Works item. Taunton Avenue drainage project was mentioned. Motion to approve by Councilwoman Sousa. Seconded by Council Vice President Rodericks. Motion passes unanimously.

Motion to continue the remainder of the projects to the next meeting by Councilwoman Sousa. Motion seconded by Councilman Mourato. Motion passes unanimously.

a. REPORTS OF OTHER CITY OFFICIALS

1. Mayoral Communications

a) Announcement of appointment: Director of Planning and Economic Development, William Fazioli

Policy Director, Marc Furtado shared Mr. Fazioli’s new position with the city and his dynamic within the City and its development.

Motion to accept Communications by Councilman Mourato.

Motion seconded by Council Vice President Rodericks.

Motion passes unanimously, 5-0.

b) Communication from Finance Director Moore regarding $6.5 million School Capital Funding

This item was previously covered under Council Communications.

2. City Solicitor, Mike Marcello - Claims Committee Report

Solicitor Marcello produced his Claims Committee Report from Executive Session.

Motion to seal the minutes from Executive Session by Councilman Cahoon. Motion seconded by Councilwoman Sousa.

Motion passes unanimously.

b. RESOLUTIONS – FOR VOTE

1. RESOLUTION CALLING ON THE UNITED STATES TO LEAD A GLOBAL EFFORT TO PREVENT NUCLEAR WAR

XV. ADJOURNMENT - FOR VOTE

Motion to adjourn made by Council Vice President Rodericks. Motion seconded by Councilwoman Sousa. Motion passes unanimously. Meeting adjourns.

If communication assistance is needed or any other accommodations to ensure equal participation, please contact the City Clerk, Samantha Burnett at 401.435.7596