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Date Posted: November 30, 2018
CITY OF EAST PROVIDENCE
RHODE ISLAND
DOCKET OF REGULAR COUNCIL MEETING
December 4, 2018
7:00 P.M.
Council Chambers, City Hall, 145 Taunton Avenue, East Providence, RI 02914
7:00 P.M. Council May Call An Executive Session, Room 101
7:30 P.M. Open 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. Ismael Lima
B. Sewer Charge Abatements
1. Edward Amaral
2. Frederick Behr
3. Joan B. DeCosta
4. Maria O. Dias
5. Paul Duarte
6. Antonio R. Ferreira, Jr.
7. Joan Malinowski
8. Joseph Orlando



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. Council Journals
1. Council Journal Regular Meeting November 20, 2018
B. One Day Entertainment
Dinora Bahry, 26 Nye Street (02914) for Our Lady of Loreto Pasta Dinner Fundraiser, 346 Waterman Avenue (02914) on December 14, 2018.
Motion___By___2nd___
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C. Alcoholic Class F
Dinora Bahry, 26 Nye Street (02914) for Our Lady of Loreto Pasta Dinner Fundraiser, 346 Waterman Avenue (02914) on December 14, 2018.
Motion___By___2nd___
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A. Proud Mary’s Donuts - by Councilman Faria

A. Steve Costa and Izilda Teves requesting to address the Council regarding the East Providence Community Dinner to be held on Christmas Day at Brightridge Club, community event free and open to public.

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.

A. Traffic Control (by Councilman Faria)
Carl Sorrentino, 33 Legion Way (02915)
Motion___By___2nd___
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B. Traffic Control (by Councilman Faria)
Mark Anthony Simonson, 25 Gemini Drive 1J (02914)
Motion___By___2nd___
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C. Traffic Control (by Councilman Faria)
Richard E Dieter Sr., 100 Village Green N Apt B (02915)
Motion___By___2nd___
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D. Traffic Control (by Councilman Faria)
Paul Work 248 Becker Avenue (02915)
Motion___By___2nd___
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1. Follow-up on Rumford Motor Inn license (by Assistant Mayor Britto)
2. Christmas tree lighting-Hoyt & Wilson- Saturday, December 8th at 6:00PM (by Assistant Mayor Britto)
3. Tree lighting-Pawtucket Avenue & Centre Street Saturday, December 1st at 6:00PM (by Assistant Mayor Britto)
4. Christmas Hayride-Hunts Mill-Sunday, December 9th 1:00PM-3:00PM(by Assistant Mayor Britto)
5. Contract for Road Repairs (by Councilman Botelho)
6. Risho Avenue Extension, Private Road - Pot Holes (by Councilman Botelho)
7. 2018 RICAS Test scores (by Councilman Botelho)
8. Update on LED Streetlights (by Councilman Faria)
9. Update on the Sidewalks and Lifts on Legion Way (by Councilman Faria)
10. City of East Providence vs Brian Faria - Resolve (by Councilman Faria)
11. City Hall Tree Lighting Thank You (by Councilwoman Sousa)

ADOPTING AN AMENDED EAST PROVIDENCE WATERFRONT SPECIAL DEVELOPMENT DISTRICT TAX INCREMENT FINANCING PLAN (THE "AMENDED PROJECT PLAN") AND AUTHORIZING THE ISSUANCE OF BONDS TO FINANCE CERTAIN PUBLIC INFRASTRUCTURE AND PUBLIC IMPROVEMENTS NECESSARY IN CONNECTION WITH THE WATERFRONT TAX INCREMENT FINANCING-GULF SITE PROJECT
Motion to dispense with the reading of the ordinance
WHEREAS, by Ordinance No. 516 adopted October 5, 2010 and October 19, 2010 (the "2010 Redevelopment Ordinance"), the City Council adopted and approved the East Providence Waterfront Special Development District Plan (the "Redevelopment Plan") and designated the area within the City described in the Redevelopment Plan as the East Providence Waterfront Special Development District as a redevelopment area (the "Redevelopment Area") pursuant to chapters 31-33 of title 45 of the Rhode Island General Laws, the Redevelopment Act of 1956 (the "Redevelopment Act"); and
WHEREAS, pursuant to the 2010 Redevelopment Ordinance, the City Council also approved the East Providence Special Waterfront Development District Tax Increment Financing (TIF) Project Plan (the "Project Plan") which is combined in the same document with the Redevelopment Plan and designates several Special Development Sub-districts, including the Veterans Memorial Parkway and Bold Point Harbor Special Development Sub-districts (the "Project Area"); and
WHEREAS, upon recommendation of the East Providence Waterfront Special Development District Commission (the "Waterfront Commission") the City Council approved Amendment No. 1 to the Project Plan, by Ordinance No. 578 duly passed by the City Council on May 21, 2013 and June 4, 2013 (the "2013 Redevelopment Ordinance"), Amendment No. 2 to the Project Plan by Ordinance No. 609 duly passed by the City Council on June 17, 2014 and on July 15, 2014 (the "2014 Redevelopment Ordinance") and Amendment No. 3 to the Project Plan by Ordinance No. 651 duly passed by the City Council on June 7, 2016 (the “2016 Redevelopment Ordinance”), based upon the City’s findings, among other things, that the projects, facilities, programs and other assistance described in the Project Plan, as amended, are needed and in the public interest; and
WHEREAS, it is the purpose and intent of the City Council to facilitate redevelopment of the Redevelopment Area to accommodate the City’s redevelopment initiatives; and
WHEREAS, pursuant to the Redevelopment Act and chapter 33.2 of title 45 of the Rhode Island General Laws (the "Tax Increment Financing Act") the City desires to raise funds for such redevelopment by the issuance of tax increment financing bonds of the City or other bonds secured by a tax increment pledge ("TIF Bonds"); and
WHEREAS, the Tax Increment Financing Act requires as conditions precedent to the creation of a tax increment, that the City Council adopt a redevelopment plan and a project plan, including the designation of a tax increment area and the calculation of the tax increment to be derived from taxes levied on real and personal property situated in or otherwise assignable for purposes of property taxation in the tax increment area; and
WHEREAS, the City Council is required by the Redevelopment Act to make certain findings, determinations and declarations in connection with the adoption of a redevelopment plan and a project plan; and
WHEREAS, Chevron Land and Development Company, the owner of the property, has been working with the City towards the development of a mixed-use project in both the Veterans Memorial Parkway and Bold Point Harbor Special Development Sub-districts and anticipates significant capital expenditures for such development (the "Waterfront TIF-Gulf Site Project"); andWHEREAS, in response to market conditions, Chevron Land and Development Company intends to change the number of condominiums and luxury apartments and intends to include medical office facilities in the development and has requested other concessions from the City; and
WHEREAS the East Providence Waterfront Commission has recommended that the City Council approve Amendment No. 4 to the Project Plan which amends the Project Plan consistent with improvements now contemplated for the Project Area; and
WHEREAS, the City Council has determined that it would be beneficial to include in Amendment No. 4 to the Project Plan, information including map, block and parcel numbers and descriptions of proposed residential, commercial and office space uses;
WHEREAS, pursuant to the Tax Increment Financing Act, the City shall designate a portion of the tax increment resulting from the Waterfront TIF-Gulf Site Project for the benefit of certain projects described in the Redevelopment Plan and the Project Plan, including the infrastructure and public improvements contemplated by the Waterfront TIF-Gulf Site Project (the "TIF Projects"); and
WHEREAS, the City wishes to provide authorization, subject to Section 9 hereof, for the issuance of special obligation bonds and/or bond anticipation notes pursuant to the Tax Increment Financing Act in an aggregate amount not to exceed $32,100,000 to finance and refinance the TIF Projects related to the Waterfront TIF-Gulf Site Project; and
WHEREAS, TIF Bonds will be payable solely from "project revenues" as defined in the Tax Increment Financing Act; and
WHEREAS, project revenues will include tax increments, bond proceeds and special assessments; and
WHEREAS, it is intended that special assessments will be properly imposed on land and improvements comprising the Waterfront TIF-Gulf Site Project and serve as additional security for the TIF Bonds issued for the benefit of the Waterfront TIF-Gulf Site Project, such special assessments to be paid over the term of any TIF Bonds issued for the benefit of the Waterfront TIF-Gulf Site Project; and
WHEREAS, it is contemplated that the Waterfront Commission shall approve an assessment plan (the "Assessment Plan") to impose such assessments which Assessment Plan shall be subject to the review and approval of the City Council; and
WHEREAS, the tax increment revenues will be a credit to the payment of special assessments, all as provided in the Assessment Plan to be approved by the Waterfront Commission and the City Council, and further described herein; and
WHEREAS, project revenues do not include general funds of the City; and
WHEREAS, the TIF Bonds will be special obligations of the City payable solely from project revenues; and
WHEREAS, the City wishes to further amend the Project Plan to permit the development of the Waterfront TIF-Gulf Site Project area by Chevron Land and Development Company and a developer to be designated by Chevron and approved by the Authorized Officers (defined below) for the purposes set forth above.
WHEREAS, it is contemplated that the Waterfront Commission may approve and recommend to the City Council, if necessary, an additional amendment or amendments to the Project Plan further delineating plans for the development, subsequent to Chevron’s designation of a developer.
NOW THEREFORE, the City Council of the City of East Providence hereby makes the following findings, determinations and declarations with regard to the East Providence Waterfront Special Development District Tax Increment Financing Plan, including Amendment Nos. 1, 2, 3 and previously adopted Amendment No. 4 attached hereto, inclusive of the site plan entitled “Gulf Site Plan—2018 TIF Modification—Parcel Ownership,” reflecting Map 6/Block 1/Parcel 6, Map 7/Block 1/Parcel 4, Map 17/Block 1/Parcel 1, Map 17/ Block 1/Parcel 3, Map 18/Block 1/Parcel 1, Map 18/Block 1/Parcel 2, and Map 18/Block 2/Parcel 1 and the site plan entitled “Gulf Site Plan—2018 TIF Modification Based on 2015 Project Modification” which depicts proposed residential, commercial and office space uses in buildings 1-12B (as so amended, the "Amended Project Plan"), which findings are required by Sections 45-32-13 through 45-32-18, Section 45-32-20 and Section 45‑33.2‑4(1) and (5) of the Rhode Island General Laws:
1. The Redevelopment Plan and the Amended Project Plan are feasible and conform to the comprehensive plan for the City of East Providence, and if carried out would promote the public health, safety, morals and welfare of the community, and would effectuate the purposes of the Redevelopment Act.
2. The source of funds for carrying out the TIF Projects as provided in the Redevelopment Plan and the Amended Project Plan shall be proceeds from the sale of TIF Bonds issued by the City of East Providence and any other legally available revenues contemplated by the Redevelopment Plan and Project Plan.
3. The Redevelopment Plan does not directly result in changes to streets except for the construction of Waterfront Drive, construction of a roadway that will run parallel to Veterans Memorial Parkway along the Providence River, construction of roadways and round-abouts located at the intersection of Lyon Avenue and Veterans Memorial Parkway and the Intersection of Village Drive and Waterfront Drive that will connect Veterans Memorial Parkway to the waterfront.
4. The Redevelopment Plan and Amended Project Plan do not presently provide for acquisition by the City of property by negotiation or by eminent domain.
5. The Redevelopment Plan does not contemplate financial aid from the federal government.
6. The Redevelopment Plan provides for the retention of controls and the establishment of any restrictions or covenants which may run with the real property sold, leased, or otherwise disposed of for private or public use as are necessary to effectuate the purposes of the Redevelopment Act.
7. The findings of fact regarding "blighted and substandard conditions" set forth in the Redevelopment Plan are hereby accepted. Based on those findings of fact, the Redevelopment Area is hereby found to be a "blighted and substandard area" as that term is defined in Section 45-31-8 of the Redevelopment Act and requires clearance, replanning, redevelopment, rehabilitation and improvement.
8. That the Project Area would not by private enterprise alone, and without either governmental subsidy or the exercise of governmental powers, be developed or revitalized in a manner so as to prevent, arrest, or alleviate the spread of blight or decay.
9. That the Amended Project Plan will afford maximum opportunity to privately financed development or revitalization consistent with the sound needs of the City as a whole.
10. The facilities and other assistance are needed and that the financing of the project in accordance with the Amended Project Plan is in the public interest.
11. There is not within the City an adequate supply of low rent housing for persons or families of low income available for rents they can afford to pay, the rents which those persons or families can afford to pay would not warrant private enterprise providing housing for them, and the financing of public improvements in accordance with the Amended Project Plan is in the public interest.
12. The City Council intends that the Project Area be redeveloped in accordance with the City’s Redevelopment Plan and Comprehensive Plan and intends that such redevelopment promote the health, safety and welfare of the City.
13. Unemployment or the threat of unemployment exists in the City, and it is expected that the Amended Project Plan will create approximately 522-682 permanent and 644-976 temporary full-time equivalents jobs. It is expected that wages and benefits from such jobs will be comparable to current market rates resulting in increased personal income tax for the State of Rhode Island.
NOW THEREFORE, the City of East Providence ordains as follows:
SECTION 1. The Mayor and the Director of Finance (the "Authorized Officers") are authorized to approve a developer designated by Chevron for the Waterfront TIF-Gulf Site Project. Such approval shall not be unreasonably withheld, and shall be reported by the Mayor and the Director of Finance to the City Council prior to the execution by the Authorized Officers of the Development Agreement described in Section 9 below.
SECTION 2. The Veterans Memorial Parkway and Bold Point Harbor Special Development Sub-districts are designated as a project area for the purposes of the Tax Increment Financing Act. The Redevelopment Plan is the official redevelopment plan for the Project Area. The Amended Project Plan, incorporated herein by reference, is adopted and approved as a project plan pursuant to chapter 33.2 of title 45 of the Rhode Island General Laws. The public improvements shall be in the Project Area, and shall be identified as "Waterfront TIF-Gulf Site Project Number 2018-1."
SECTION 3. There is hereby authorized, subject to Section 9 hereof, the issuance of special obligation bonds and/or bond anticipation notes pursuant to the Tax Increment Financing Act in an aggregate outstanding amount not to exceed $32,100,000 to finance the TIF Projects contained in the Amended Project Plan relating to the Waterfront TIF-Gulf Site Project (the "Bonds"). The City’s $17,694,000 Village on the Waterfront Special Obligation Tax Increment Bonds, 2010 Series A shall be cancelled upon the issuance of all or a portion of the Bonds authorized by this Ordinance.
SECTION 4. The Bonds shall be issued for the purpose of carrying out any project or projects described in the Amended Project Plan including the TIF Projects. Without limiting the generality of the foregoing the Bonds shall be issued for TIF Project costs, which may include interest prior to and during the carrying out of any such project and for a reasonable time thereafter, such costs, reimbursements and reserves as may be required by any agreement or arrangement securing the Bonds, and all other expenses with respect thereto, including, without limitation, reimbursement of expenses previously paid from any other source, incidental to planning, carrying out and financing any such project.
SECTION 5. The Bonds shall be payable solely from "project revenues" including tax increment as defined in the Tax Increment Financing Act and shall not be deemed to be a pledge of the faith and credit or the taxing power of the City.
SECTION 6. The City hereby pledges not more than 70% of the tax increment resulting from the Project Area to the repayment of the Bonds. Notwithstanding anything contained herein to the contrary, the debt service on the Bonds shall not exceed 60% of the estimated tax increment supporting the Bonds.
SECTION 7. Each of the Bonds shall recite on its face that it is a special obligation bond or bond anticipation note, as the case may be, payable solely from "project revenues" as defined in the Tax Increment Financing Act pledged for its repayment.
SECTION 8. The Bonds shall be dated and may be made redeemable before maturity with or without premium. The Bonds may be issued in one or more series. The Authorized Officers defined below shall determine the terms, details and manner of sale and other conditions of the Bonds and the security structure therefor for each issue of Bonds in accordance with the Tax Increment Financing Act and the Amended Project Plan, including the manner in which tax increment received and to be received under the Tax Increment Financing Act and the Amended Project Plan and other "project revenues" under the Act shall be escrowed, pledged or otherwise used to secure any such Bonds issued, and shall also determine the date or dates of the Bonds, their denomination or denominations, the place or places of payment of the principal and interest thereon, which may be at any bank or trust company within or without the state, their interest rate or rates, maturity or maturities, redemption privileges, if any, and the form and other details of the Bonds.
SECTION 9. The Authorized Officers, in consultation with the City Solicitor, are authorized to negotiate and determine the terms and provisions of such documents required for the sale and issuance of the Bonds and the documents required to complete the TIF Projects described in the Amended Project Plan, including a Development Agreement and other necessary documents and certificates, and such Authorized Officers, acting jointly, are hereby authorized to execute and deliver such documents. This Ordinance does not grant property rights or other rights. All rights and obligations of the City, Chevron and any designated developer shall be set forth in the Development Agreement.
SECTION 10. The Authorized Officers are authorized to prepare and deliver an Official Statement or Limited Offering Memorandum, if required, in connection with the sale of the Bonds, and the Mayor and the Director of Finance are authorized to execute and deliver the Official Statement or Limited Offering Memorandum, a Trust Indenture, one or more Series Indentures and a Bond Purchase Agreement consistent with the terms and conditions determined by the Authorized Officers in accordance with Section 8.
SECTION 11. The Bonds shall be signed by the Director of Finance, shall be countersigned by the Mayor, either manually or by facsimile, and shall bear the seal of the City or a facsimile thereof.
SECTION 12. In case any officer whose signature or a facsimile of whose signature shall appear on any Bonds shall cease to be an officer before the delivery thereof, such signature or facsimile thereof shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until the delivery.
SECTION 13. The City may sell the Bonds in such manner, either at limited public or private sale, and for such price, as the Authorized Officers may determine will best effect the purposes of this ordinance and the Tax Increment Financing Act.
SECTION 14. Notwithstanding any provisions of any general or special law to the contrary, Bonds issued under the Tax Increment Financing Act and hereunder may provide for annual or more frequent installments of principal in equal, diminishing, or increasing amounts, with the first installment of principal to be due at any time within five (5) years from the date of the issuance of the bonds and the last installment of principal to be due not later than twenty-five (25) years from the date of the issuance of the Bonds.
SECTION 15. The Mayor and the Director of Finance are authorized to execute and deliver a Continuing Disclosure Certificate in connection with the Bonds, in such form as shall be deemed advisable by the Authorized Officers. 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 bond anticipation notes, failure of the City to comply with any Continuing Disclosure Certificate shall not be considered an event of default under such bonds or bond anticipation notes; 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 each Continuing Disclosure Certificate.
SECTION 16. From and after the issuance of the Bonds, the Authorized Officers, acting jointly, and the Mayor are authorized to execute and deliver other documents, certificates, agreements and amendments thereto, in furtherance of the development of the TIF Projects in such forms as said officers deem advisable, consistent with the best interests of the City, the execution and delivery thereof by such Authorized Officers to be conclusive evidence of such approval.
SECTION 17. This Ordinance is an affirmative action of the City Council of the City in accordance with the purposes of the laws of the State and constitutes the City’s declaration of official intent, pursuant to Treasury Regulation § 1.150-2, to reimburse the City, the Designated Developer or the Chevron Land and Development Company for expenditures paid prior to the issuance of the Bonds. Amounts to be reimbursed shall not exceed $32,100,000 and shall be reimbursed in accordance with provisions of the Code.
SECTION 18. This ordinance shall take effect upon second passage and all ordinances and parts of ordinances inconsistent herewith are hereby repealed.
Requested By: Mayor Briden
Motion___By___2nd___
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A. Additional Hours
CRMG East Providence DBA IHOP #3557, 75 Highland Avenue, Unit C (02914), Karen Cardinal, 21 Windesac Way, Portsmouth (02871)
Motion___By___2nd___
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B. B-Full Privalege Vict - Transfer
Transfer from Loggia Luce Moderna No. 1112 to Sons of Italy, II, Inc., 99 Hicks Street (02914), Thomas F. Price, 2 Dorman Drive, Seekonk, MA (02771)
Motion___By___2nd___
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C. Dance Entertainment – Transfer
Transfer from Loggia Luce Moderna No. 1112 to Sons of Italy, II, Inc., 99 Hicks Street (02914), Thomas F. Price, 2 Dorman Drive, Seekonk, MA (02771)
Motion___By___2nd___
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A. Motel License Renewal
Omsairam LLC DBA Rumford Motor Inn, 400 Newport Avenue, Natvar J. Patel, 400 Newport Avenue (02916)
Motion___By___2nd___
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B. Vict Not More Than 25
PODS Swimming, 111 Commercial Way, Susan Pascale-Frechette, 40 Laurel Lane, Barrington (02806)
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C. Vict Not More Than 25
Karine77, LLC, DBA Dunkin Donuts, 900 Wampanoag Trail (02915), Konstantinos Franganis, 883 Main Street, Deighton, MA 02715
Motion___By___2nd___
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D. Vict Over 25 - Transfer
Transfer from Loggia Luce Moderna No. 1112 to Sons of Italy, II, Inc., 99 Hicks Street (02914), Thomas F. Price, 2 Dorman Drive, Seekonk, MA (02771)
Motion___By___2nd___
Botelho___Britto ___Faria___Sousa___Briden__
E. Holiday Sales - Transfer
Transfer from Loggia Luce Moderna No. 1112 to Sons of Italy, II, Inc., 99 Hicks Street (02914), Thomas F. Price, 2 Dorman Drive, Seekonk, MA (02771)
Motion___By___2nd___
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A. City Managers Report (by Acting City Manager Christopher J. Parella )
1. Recommendation for Contract Award to Pawtucket Hot Mix
Motion___By___2nd___
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B. Reports of Other City Officials
1. Claims Committee Report (by City Solicitor Gregory Dias)
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2. Handicap Parking Sign (by Director of Public Works Stephen Coutu)
93 Cedar Avenue
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C. Report of School Committee Liaison
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*If communications assistance is needed or any other accommodations to ensure equal participation please contact the City Clerk’s at 435-7590.