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Date Posted:  July 20, 2018

           

CITY OF EAST PROVIDENCE

RHODE ISLAND

DOCKET OF REGULAR COUNCIL MEETING

July 24, 2018

6:45 P.M.

Council Chambers, City Hall, 145 Taunton Avenue, East Providence, RI 02914

6:45 P.M. Council May Call An Executive Session, Room 101

7:30 P.M. Open Session

 

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.      Brian Faria

2.      Angela Antonian

3.      Church of the Epiphany

4.      Hiroad Assurance Company

5.      Cesar A. Lubrano

6.      John Mello

7.      Patricia Olean

 

B.     Pending Claims

1.      Pierce Field Vandalism

2.      Agawam Hunt (AKA Agawam Hunt Club) vs. Steven Hazard, Tax Assessor for the City of East Providence CA NO PC-2018-0080

 

C.    Sewer Charge Abatements

1.      Rhonda Cherry

2.      Michael Gagnon

3.      Winchester Wood and Park LLC

 

D.    Litigation

1.      Update from outside counsel and discussion of strategy regarding Brian Faria vs. East Providence City Council, et al, Case No. PM-2018-4406

 

II.                OPEN SESSION

 

III.             CALL TO ORDER

 

IV.             SALUTE TO THE FLAG

 

V.                TO APPROVE THE CONSENT CALENDAR

 

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 member so requests, in which event, the item will be removed from the “CONSENT CALENDAR” and will be considered in its normal sequence on the docket.

 

A.    Letters

1.      CRMC Meeting Notice Thursday, July 26, 2018, 5:00PM URI Coastal Institute Hazards Room, Vineyard Wind Proposal.

2.      CRMC Semi Monthly Meeting Agenda.

3.      CRMC July Calendar.

4.      Resolution Town of Newport supporting legislation putting the RI School Bond Issue on the November ballot.

5.      Resolution Scituate School Committee supporting legislation putting the RI School Bond Issue on the November ballot.

 

B.     Cancellation/Abatements

 

1.      Cancellation/Abatement

Year

Amount

2018

$39,903.57

Total

$39,903.57

 

2.      Cancellation/Abatements/Board of Review

Year

Amount

2018

$2,485.80

Total

$2,485.80

 

C.    Alcoholic Beverage Class F

1.      Holy Ghost Brotherhood of Charity, Annual Feast, July 20, 21 and 22, 2018, 59 Brightridge Avenue (02914), Lidia M. Alves.

2.      Teofilo Braga Club, Feast of the Holy Ghost, July 13, 14 and 15, 2018, 26 Teofilo Braga Way (02914), John Perry. 

 

D.    Alcoholic Beverage Class F-1

Our Lady of Loreto, Fundraiser/Benefit, July 28, 2018, 346 Waterman Avenue (02914), Jailson Feitosa. 

 

E.     One Day Entertainment

Holy Ghost Brotherhood of Charity, Annual Feast, July 20, 21 and 22, 2018, 59 Brightridge Avenue (02914), Lidia M. Alves.

 

F.     Council Journals

1.      Council Journal Regular Meeting June 19, 2018

2.      Council Journal Executive Session June 19, 2018

3.      Council Journal Special Meeting June 20, 2018

4.      Council Journal Special Meeting June 27, 2018

5.      Council Journal Special Meeting Executive Session June 27, 2018

 

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

 

G.    Council Journals

 

1.   Council Journal Executive Session June 20, 2018

 

Motion___By___2nd___

Botelho___Britto ___Sousa___Briden__

 

VI.             COMMUNICATIONS

 

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

 

B.     Geoffrey Smith, 14 Meadowbrook Lane, Mattapoisett MA (02739) requesting to address the Council regarding the Narragansett Bay Half Marathon and 5K on October 16, 2018. 

 

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

 

C.     Donald T. Cunard and Sherry A. Clarke, 3040 Pawtucket Avenue, Apartment 104-A requesting to address the Council regarding Cedarhurst Apartments - Bayview School – Bradley Childrens Hospital traffic issues. 

 

VII.          PUBLIC COMMENT

 

All persons wishing to make public comment shall sign a public comment sheet stating their name, address, and the subject of their comments.  Said public comment 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 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.

 

VIII.       APPOINTMENTS

 

A.    Carousel Park Commission Alternate - 4 (by Assistant Mayor Britto)

Dennis Thibault, 90 Cedar Avenue (02915)

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

 

B.     Carousel Park Commission Alternate 5 (by Assistant Mayor Britto)

Lumena Rodrigues, 128 Smith Street (02915)

 

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

 

C.    Traffic Control (by Assistant Mayor Britto)

Anthony Teixeira, Jr., 12 Coombs Street (02916)

 

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

 

D.    Affirmative Action (by Assistant Mayor Britto)

Carole Brown, 99 Goldsmith Avenue, Apt. 1014 (02914)

 

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

 

IX.             COUNCIL MEMBERS

 

A.    National Night Out (by Assistant Mayor Britto)

 

B.     Update on Dog Park (by Assistant Mayor Britto)

 

C.    Traffic/Speeding Concerns (by Assistant Mayor Britto)

 

D.    Movie Night in Freedom Green (by Assistant Mayor Britto)

 

E.     Status report - 2779 Pawtucket Avenue (by Councilman Botelho)

 

F.     Status report - "Welcome to Kent Heights" sign - corner of Wampanoag Trail and Pawtucket Avenue (by Councilman Botelho)

 

G.    Comments regarding policy and budget processes for the remainder of 2018 (by Councilman Botelho)

 

H.    Roads to be Paved (by Councilman Faria)

 

I.       Residents Unfairly Being Overcharged in Car Taxes Values (by Councilman Faria)

 

X.                LICENSES REQUIRING PUBLIC HEARING

A.    B Full Privlege Vict

JKP, Ltd DBA Paquette’s Family Restaurant, 315 Waterman Avenue (02914), Jeffrey Paquette, 173 Waterman Avenue (02914). 

 

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

 

XI.             LICENSES NOT REQUIRING PUBLIC HEARING

A.    Peddler

The Burrito Bowl, 809 Broadway (02914), Hipolita Thimas, 21 Fenwood Avenue, Smithfield (02917)

 

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

 

B.     Vict Not Over 50

Toumasian East Side Diner DBA East Side Diner, 615 Waterman Avenue (02915), Arman Toumasian, 15 Holgate Street, Cranston (02920).

 

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

 

C.    Vict Not Over 25

J. Enterprises, Inc. DBA Taunton Avenue Irving, 155 Taunton Avenue (02914), Cheryl L. Pimental, 21 Hilltop Street, Bristol (02809).

 

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

 

D.    Vict Not Over 25 – Change of Location

CSA Donuts, Inc. DBA Dunkin Donuts, from 2371 Pawtucket Avenue to 3300 Pawtucket Avenue (02915), Aida Arruda, 21 Jane Howland Place, Seekonk, MA (02771).

 

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

 

XII.          PUBLIC HEARING – ORDINANCES FINAL PASSAGE

 

1. AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “VEHICLES AND TRAFFIC”

 

Dispense with the reading of the ordinance

 

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

 

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

 

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

 

 

2. AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “VEHICLES AND TRAFFIC”

 

Dispense with the reading of the ordinance

 

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

 

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

 

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

 

3. ORDINANCE OF THE CITY OF EAST PROVIDENCE APPROVING THE FINANCING OF COMPLETION OF THE CONSTRUCTION OF THE SIX MILLION GALLON WATER TOWER, INCLUDING A TRIHALOMETHANE REMOVAL SYSTEM AND ALL ATTENDANT EXPENSES AND APPROVING THE ISSUANCE OF WATER REVENUE BONDS AND NOTES THEREFOR IN AN AMOUNT NOT TO EXCEED $2,000,000

 

Dispense with the reading of the ordinance

 

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

 

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

 

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden

 

XIII.       NEW BUSINESS

 

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

 

1.      Welcome to the New Director of Library Services Michael Carlozzi

 

2.      Unauthorized Use of City Email and Electronic Data

 

3.      Renewable Energy (Net Metering) Preferred Bid Negotiation

 

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden

 

4.      Update on LED Conversion

 

5.      Update on City Council Chambers Upgrade

 

6.      Purchase and Sales Agreement Hoppin and Burnside Avenues – Old Platt Waters Property – Review and Possible Approval

 

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

 

7.      Approval of Audit Report 2016

 

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

 

B.      Reports of Other City Officials

 

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

 

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

 

 

3.      Handicap Parking (by Director of Public Works, Steve Coutu)

65 Belmont Avenue (02914)

 

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

 

C.    Report of School Committee Liaison

 

D.    Resolutions

 

RESOLUTION REQUESTING AN AMENDMENT TO THE MOTOR VEHICLE TAX PHASE OUT

 

WHEREAS, the State of Rhode Island has initiated a motor vehicle tax phase out beginning in fiscal year 2018; and

 

WHEREAS, the City of East Providence has a distinct fiscal year separate and apart from the other 38 cities and towns in Rhode Island; and

 

WHEREAS, the City Council of the City of East Providence is requesting that the Rhode Island legislature and the legislative representatives from the City of East Providence request and approve an adjustment to said motor vehicle tax phase out to allow the citizens of East Providence to catch up with the other cities and towns so all communities in the state are on track to phase out the motor vehicle tax at the same time.

 

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of East Providence requests that the Rhode Island legislature and the legislative representatives from the City of East Providence prepare and introduce an amendment to said motor vehicle tax phase out to allow the City to implement year two and three of said motor vehicle tax phase out in East Providence Fiscal Year 2019 (State of Rhode Island Fiscal Year 2020)  and allow the City to receive reimbursement for years two and three in East Providence Fiscal Year 2019 so the City will be on schedule with all other cities and towns.

 

Requested by:  Councilman Botelho

 

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

 

E.     Introduction to Ordinances

 

1. AN ORDINANCE IN AMENDMENT OF CHAPTER 18 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “VEHICLES AND TRAFFIC”

 

SECTION I.  Subsection (b) of Sec. 18-269 entitled “Stop and yield intersections designated; when stops required” is amended by adding thereto the following:

 

Fifth Street (northbound and southbound traffic) at Juniper Street

 

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

 

Requested by:  Councilwoman Sousa

 

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

 

 

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.  Sec. 8-142 entitled “Application; issuance; expiration” of Article VII entitled “Hawkers and Peddlers” of Chapter 8 entitled "Licenses and Business Regulations" of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, is hereby amended to read as follows:

Sec. 8-142.  Application; issuance; expiration.

(a)   All persons desiring a peddlers or hawkers license as required in section 8-141 shall make application to the city clerk for such license, and the city clerk, after granting of the application by the council, may issue a license subject to the approval of the chief of police and the state health inspector if food is involved, to such persons to sell the articles and substances mentioned in section 8-141 in such manner as shall be specified in the license and in the permitted area as is designated by the city council and is approved by the chief of police for reasons relating to public health and safety for the period from the date of such license until December 1 next ensuing such date. No licensee shall hawk or peddle in any other area than that to which he/she is permitted under the license granted by the city. Violations of such may result in loss of license and/or fines pursuant to section 8-148 of this chapter.

(b)   An applicant for a peddlers or hawkers license may apply to the city clerk for a temporary license, and the city clerk, after approval by the chief of police, may issue the license allowing the licensee to operate under the same terms as a full license as described in subsection (a) of this section.  The temporary license shall expire on the date of the next city council meeting following the date of the issuance of such temporary license, at which time the city council shall either grant or deny a full license as described in subsection (a) of this section.

(b) (c)  The applicant shall, upon approval for a license required under this chapter, provide two so-called passport-size photographs of the individual authorized to act under such license. The city clerk shall, in addition to the license specified above, issue an identification badge containing one of the photographs of the authorized individual along with the effective dates of the license and such other information as the city clerk shall deem appropriate.

(c) (d)  All hawkers are required to submit with their application a list of up to ten locations where they propose to stop and remain for any period of time so the police chief and the city council can review and approve the locations before the license is approved. If the hawker wishes to add locations at a later date, they must appear again in front of the city council for approval by the police chief and the council of the new location(s).

 

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

 

Requested by:  Councilman Botelho

 

XIV.       ADJOURNMENT

 

Motion___By___2nd___

Botelho___Britto ___Faria___Sousa___Briden__

 

*If communications assistance is needed or any other accommodations to ensure equal participation please contact the City Clerk’s at 435-7590.

 

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