December 16, 2017

EP City Council Meeting Tuesday Sept 19

Briden Says "City in Good Shape Financially"

Posted by bobrod72

Agenda, Mayor Briden Statement Below:
The East Providence City Council is meeting Tuesday, September 19, 2017 at City Hall with several issues on a lengthy docket. At-Large member and Mayor Jim Briden believes that important budget decisions lie ahead:

"As we commence the Budget process, it is beneficial to take an inventory and devise a strategy as to how we can address our challenges prospectively.

At this point in time, the City of East Providence is good shape financially and we need to preserve this status by being fiscally conservative and careful in our decision making.

Over the past few years our bond rating has increased numerous times to the point that we are now at investment grade. Earlier this year, we also received an Audit Report which opined that we have implemented "Best Practices" in essentially all areas of financial management.

In addition, at our meeting involving the presentation on Tax Year Synchronization, we examined our borrowing capacity and status. Specifically, we have the ability to borrow 120M and our current debt level is approximately 36M.

In sum, our City is in good shape financially. Our challenges (school buildings, roads...) are not unique to EP. We need to address both in a measured and comprehensive manner. More specifically, as part of our budget process we will be approving a five (5) year budget plan. In alignment needs to be our longer term multi-year capital improvement plan which addresses and prioritizes all of our capital needs, including our buildings and roads.

At the core of this process is the premise that we need to make wise choices as to how we will use our limited resources and borrowing capacity. The decisions need to reflect our priorities and be ones that we can afford over the next decade and beyond." - Mayor Briden statement.

City Council Meeting – Tuesday September 19, 2017

AGENDA:

6:00 P.M. Council Chambers, City Hall, 145 Taunton Avenue, East Providence, RI 02914

6:00 P.M. Council May Call An Executive Session, Room 101

6:30 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. Nicholas A. Andreozzi
2. David R. Dextradeur
3. Joseph Goncalo
4. Pamela Hagy
5. Donald Marshall
6. Thomas Riley

B. Sewer Charge Abatements
1. Steven Checrallah
2. Evaristo & Sharon DeMelo
3. David DoSoito
4. Four Rivers, LLC
5. Joseph Goncalo
6. Claudia Pierce
7. Beverly Taylor

C. Collective Bargaining

1. School Committee Request for Approval of Final Tentative Agreement between East Providence School Committee and the Administrative Assistants (Secretaries) Union (EP Educational Secretaries/NEARI)

2. School Committee Request for Approval of Final Tentative Agreement between East Providence School Committee and the Custodians Union (Council 94).

II. OPEN SESSION

III. CALL TO ORDER

IV. SALUTE TO THE FLAG

V. BUDGET WORKSHOP

VI. 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 to adopt the “Red Book” into RICR format, Tuesday, October 24, 2017 Administration Building, Cafeteria, One Capitol Hill, Providence (02908).
2. Resolution Town of Hopkinton in opposition to H5475 and S0481 an Act relating to Cities and Towns – Subdivision of Land.
3. Resolution Town of Hopkinton in support of H6204 and Act relating to maintenance of town roads and urging passage by the General Assembly (Restoration of Roadways Utility Lines).
4. CRMC Agenda Semi-Monthly, Meeting September 26, 2017, 6:00PM, Administration Building, Conference Room A, One Capitol Hill, Providence (02908).

B. Board of Review Abatements-Hardship
Year
Amount
2017
$8,746.37

Total
$8,746.37

C. Cancellation/Abatements
Year
Amount
2017
$1,857.21
2016
$377.12

Total
$2,234.33

D. Council Journals

1. Council Journal Special Meeting August 24, 2017
2. Council Journal Regular Meeting September 5, 2017

VII. COMMUNICATIONS
A. Tom J. DeFalco, 68 North Carpenter Street (02914) requesting to address the Council regarding decorum of City Council at last City Council meeting.

B. Stephen Costa, 264 Warren Avenue (02914) requesting to address the Council regarding a block party for his 9 year old daughter’s birthday party-carnival theme to be held on September 23, 2017 from 12:00PM-6:00PM, request is to block South Sharon Street.

VIII. 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.

IX. COUNCIL MEMBERS

A. My Commitment to Rebuild East Providence Infrastructure, Tangible Results on Behalf of the Taxpayers (by Councilman Botelho)

B. Authorization for the City Manager to negotiate with the R.I. Department of Transportation for a Memorandum of Agreement regarding repair of state roads in East Providence by the City with reimbursement to the City for said repairs (by Councilman Botelho)

X. APPOINTMENTS

A. Traffic Control (by Mayor Briden)
Richard E. DelleFemine Sr., 29 Linden Avenue (02916)

B. Conservation Commission (by Mayor Briden)
Greg Burnett, 304 Wilson Avenue (02916)

XI. ORDINANCES FINAL PASSAGE

A. CORRECTIVE ORDINANCE AMENDMENT CHAPTER 664, BOOK 22, PAGE 3

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. Section 19-95 entitled “Districts Designated” of Article III entitled “District Regulations,” is hereby amended as follows:

The following three parcels of land shall be included in an Industrial 2 (I-2) zoning district:

Parcel 1.10 on Assessor’s Map 709, Block 2, presently located in an Open Space 1 (O-1) District ; and former state right-of-way property, comprised of two parcels that are without a zoning district designation and which are delineated further as:

Parcel 1, a 6,667 square foot parcel, River Road (formerly School Street) and shown on RIDOT Plat #168, and Parcel 2, a 13,599 square foot parcel, River Road (formerly a portion of the Wampanoag Trail as shown on State Highway Plat 1005 and recorded in the City of East Providence Land Evidence Records as Plat Card 717, Plan Book 42, Page 64).

The Zoning Map of the City of East Providence shall be amended accordingly.

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

Requested by: AAA Northeast

B. AN ORDINANCE AUTHORIZING THE CITY OF EAST PROVIDENCE TO FINANCE THE DESIGN, CONSTRUCTION, REPAIR, REHABILITATION AND IMPROVEMENT OF STREETS AND SIDEWALKS IN THE CITY, INCLUDING BUT NOT LIMITED TO, DRAINAGE, TRAFFIC CONTROL DEVICES, SAFETY IMPROVEMENTS AND LANDSCAPING BY THE ISSUANCE OF NOT MORE THAN $15,000,000 BONDS AND NOTES THEREFOR

WHEREAS, in the interest of public health and safety, the City of East Providence (the “City”) desires to undertake the design, construction, repair, rehabilitation and improvement of streets and sidewalks in the City, including but not limited to, drainage, traffic control devices, safety improvements and landscaping (the “Project”) and to finance the Project through the issuance of bonds;

WHEREAS, the estimated maximum cost of the Project is $15,000,000;

WHEREAS, the period of usefulness of the Project, as determined by the City Engineer and as approved by the City Manager, is expected to be approximately fifteen (15) years;

WHEREAS, the net general obligation debt of the City (secured by the full faith and credit and taxing power of the City) as of October 31, 2016 was $28,123,690, and after the issuance of the Bonds is expected to be approximately $43,123,690, and the Bonds will be within all debt and other limitations prescribed by the Constitution and laws of the State of Rhode Island.

NOW THEREFORE, THE CITY COUNCIL OF EAST PROVIDENCE HEREBY ORDAINS:

SECTION I. In addition to sums heretofore appropriated, the sum of $15,000,000 is appropriated to finance the Project.

SECTION II. Pursuant to Rhode Island General Laws Chapter 45-12 and Article IV of the East Providence Home Rule Charter, the Director of Finance and the Mayor are authorized to issue general obligation bonds of the City in an amount not to exceed $15,000,000 (the “Bonds”) in order to meet the foregoing appropriation.

SECTION III. The said officers from time to time may issue and refund not exceeding $15,000,000 interest bearing or discounted Notes in anticipation of the issue of said Bonds.

SECTION IV. The manner of sale, forms, amount, denominations, maturities, conversion or registration privileges, interest rates, and other conditions and details of the Bonds and Notes authorized herein shall be fixed by the said officers. To the extent of any inconsistency between Article IV of the Home Rule Charter and Chapter 45-12 of the Rhode Island General Laws, the General Laws shall control. The City may enter into a financing and/or other arrangements with the Rhode Island Infrastructure Bank, and with respect to such agreements, if any, the City may elect to have the provisions of Title 46, Chapter 12.2 of the Rhode Island General Laws apply to the issuance of Bonds or Notes hereunder.

SECTION V. The City Council hereby authorizes the Director of Finance and the Mayor, acting on behalf of the City, to issue the Bonds and Notes for the purposes set forth herein and to take all actions as they deem necessary to effect the issuance of the Notes and Bonds. The Bonds and Notes shall be issued by the City under its corporate name and seal or a facsimile of such seal. The Bonds and Notes shall be signed by the manual or facsimile signature of the Director of Finance and the Mayor.

SECTION VI. The Director of Finance and the Mayor are hereby authorized to issue the Bonds and Notes and deliver them 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 and 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 and Notes to become subject to federal income taxes.

SECTION VII. The Bonds and Notes may be issued either alone or consolidated with other issues of notes or bonds of the City.

SECTION VIII. The City’s Director of Finance is authorized to execute and deliver continuing disclosure certificates in connection with the Bonds and Notes issued by the City, in such form as shall be deemed advisable by the City’s Director of Finance. The City hereby covenants and agrees that it will comply with and carry out all of the provisions of each 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 any 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 ordinance and under any continuing disclosure certificate.

SECTION IX. The Director of Finance and the Mayor are also authorized, empowered and directed, on behalf of the City, to: (i) execute, acknowledge and deliver any and all other documents, certificates or instruments necessary to effectuate such borrowing, including, without limitation, a Preliminary Official Statement, a final Official Statement, all in such form and with such provisions as such officer shall deem advisable; (ii) amend, modify or supplement the Bonds or Notes and any and all other 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) 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 X. This ordinance is an affirmative action of the City Council of the City of East Providence toward the issuance of Bonds and/or 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 Section 1.150-2 to reimburse the City’s General Fund 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 and/or Notes. Such amounts to be reimbursed shall not exceed $15,000,000, and shall be reimbursed not later than eighteen (18) months after (a) the date on which the expenditure is paid, or (b) the date the Project is placed in service or abandoned but in no event later than three (3) years after the date the expenditure is paid.

SECTION XI. No Bonds shall be issued pursuant to the authority of this ordinance until a majority of the electors of the City voting on the question has approved the referendum below. The question of the approval of the Bonds shall be placed before the qualified electors of the City of East Providence at the special election to be held on November 7, 2017, and shall be submitted in substantially the following form:

"Shall the issuance of up to $15,000,000 general obligation bonds of the City to finance the design, construction, repair, rehabilitation and improvement of streets and sidewalks in the City, including but not limited to, drainage, traffic control devices, safety improvements and landscaping, pursuant to Rhode Island General Laws Chapter 45-12 and Article IV of the City’s Home Rule Charter, be approved?"

SECTION XII. 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

XII. LICENSES REQUIRING PUBLIC HEARING
A. B-Full Privilege Vict
BobJoe, LLC DBA The Huddle, 478 Waterman Avenue (02914), Joseph Cantone, 53 Sanctuary Lane, Seekonk, MA 02771.

B. Dance/Entertainment
BobJoe, LLC DBA The Huddle, 478 Waterman Avenue (02914), Joseph Cantone, 53 Sanctuary Lane, Seekonk, MA 02771.

C. B-Full Privilege Vict – Stock Transfer Only
Ban Chiang, Inc. DBA Pattaya Thai Cuisine, 1050 Willett Avenue (02915), Sengkham Duangpanya, 2 Avery Lane, Sterling, MA 10564

XIII. LICENSES NOT REQUIRING PUBLIC HEARING
A. Vict/Not Over 50
BobJoe, LLC DBA The Huddle, 478 Waterman Avenue (02914), Joseph Cantone, 53 Sanctuary Lane, Seekonk, MA 02771.

B. Pool – Pool Sunday
BobJoe, LLC DBA The Huddle, 478 Waterman Avenue (02914), Joseph Cantone, 53 Sanctuary Lane, Seekonk, MA 02771.

C. Video – Video Sunday
BobJoe, LLC DBA The Huddle, 478 Waterman Avenue (02914), Joseph Cantone, 53 Sanctuary Lane, Seekonk, MA 02771.

D. Vict/Not Over 25 - Transfer
Transfer from Maria E. Goncalo DBA Silva’s Fish Market, Antonio P. Fernandes DBA Bisteca Meat Market, 233 Warren Avenue (02914)

E. Holiday Sales – Transfer
Transfer from Maria E. Goncalo DBA Silva’s Fish Market, Antonio P. Fernandes DBA Bisteca Meat Market, 233 Warren Avenue (02914)

D. Vict/Over 50 – Stock Transfer Only
Ban Chiang, Inc. DBA Pattaya Thai Cuisine, 1050 Willett Avenue (02915), Sengkham Duangpanya, 2 Avery Lane, Sterling, MA 10564

XIV. NEW BUSINESS

A. City Managers Report (by City Manager Timothy Chapman)

B. Reports of Other City Officials

1. Claims Committee Reports of September 11 and September 19 (by City Solicitor Gregory Dias)

2. Affordable Housing on the East Providence Waterfront (by Community Development/Planning Department)

3. Public Comment on the Proposed Redevelopment of the Former Union Primary School (by Community Development/Planning Department)

C. Report of School Committee Liaison

D. 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. Subsection (b) of Section 11-237 entitled “Service-connected disability” of Chapter 11 of the Revised Ordinances of the City of East Providence, 1998, as amended, entitled “Personnel,” is amended to read as follows:

(b) Such annuity shall be increased ten percent of such salary on account of each minor child of the member who is under age 18, payable until attainment of age 18, subject to maximum payment for the combined annuities to a member and minor children equal to 80 percent of salary. Legally adopted children of the member shall be considered for benefit hereunder on the same basis as children of the blood. This only applies to each minor child, including in utero at the time the service connected annuity is approved.

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 Faria

2. AN ORDINANCE IN AMENDMENT OF CHAPTER 11 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED ENTITLED "PERSONNEL”

SECTION I. Subsection (a) of Sec. 11-239 entitled "Administration of disability annuities" of Chapter 11 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled "Personnel" is amended to read as follows:

(a) The determination of a service-connected disability shall be made upon the basis of reports on examinations made by three physicians consisting of the city a physician selected by the city, a physician employed selected by the board and a third physician selected by the other two. board from a list of physicians maintained by a third party administrator hired by the city. Each of the three physicians shall, to the extent practicable, specialize in the area of medicine reasonably related to the member’s alleged disability.

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

Requested by: Councilman Faria

3. 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. Section 11-241 entitled “Nonservice connected death” of Chapter 11 of the Revised Ordinances of the City of East Providence, 1998, as amended, entitled “Personnel,” is amended by deleting it in its entirety.
Sec. 11-241. Nonservice-connected death.

Upon death of a member due to any cause other than an act of duty occurring while a member is in service, on sick leave with salary, on an approved leave of absence extending not more than six months continuously or while in receipt of a service retirement annuity or nonservice-connected disability annuity, if such member shall have at least three years of credited service, his surviving widow shall be entitled to an annuity. The annuity shall be equal to 30 percent of average final salary, increased one percentage point for each year of credited service above three years, up to a maximum amount equal to 50 percent of final average salary. Eligibility for such annuity shall be subject to the following conditions:

(1) The widow shall have been married to the member at least one year prior to the date of death of the member or prior to the date of retirement on a service retirement annuity or nonservice-connected disability annuity, whichever occurs first and in any event while the member was in service.

(2) The widow shall be at least 55 years of age, otherwise commencement of payments on the annuity shall be deferred until the widow attain such age.

(3) The annuity shall terminate in any event upon remarriage, and any change in marital status thereafter shall create no rights for the widow to any annuity or any other payment from the system.

(4) The minimum payment to a widow in any case shall be 30 percent of average final salary, and the maximum shall be 50 percent of such average final salary.

a. If a widow has an unmarried minor child in her care under age 18, payment of the widow's annuity shall begin immediately regardless of whether the widow shall have attained age 55. In such a case, the annuity for the widow shall be increased ten percent of final average salary on account of each such minor child, provided that the maximum payment on account of a widow and children shall not exceed 60 percent of final average salary. If such limitation is exceeded, all annuities shall be prorated to conform therewith.

b. Payments on account of minor children shall terminate upon their attainment of age 18, death or marriage, whichever first occurs. If a widow remarries, the annuity on account of each minor child shall be increased to 15 percent of final average salary, subject to a limitation of 50 percent of final average salary to all minor children.

c. Should payments on account of minor children terminate before the widow attains age 55, the annuity to the widow shall be suspended until the widow attains age 55.

d. 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 death of the member.

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 Faria

4. 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. Section 11-246 entitled “Same-Officers and their duties” of Chapter 11 of the Revised Ordinances of the City of East Providence, 1998, as amended, entitled “Personnel,” is amended by deleting therefrom the following:

(3) The city treasurer, ex officio, shall be treasurer of the system and shall have custody of its monies and securities; all disbursements by the system shall be made by the treasurer upon authorization of the board;

(6) A medical director shall be appointed to pass upon medical questions pertaining to claims received by the board and on any other matters requiring medical advice that may arise in administration.

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 Faria

5. AN ORDINANCE IN AMENDMENT OF CHAPTER 9 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “MISCELLANEOUS OFFENSES”

SECTION I. Chapter 9 of the Revised Ordinances of the City of East Providence, Rhode Island 1998, as amended, entitled “Miscellaneous Offenses” is amended by adding thereto the following:
Sec. 9-19. Property Damage Graffiti

(a) No person shall write, spray, scratch or otherwise affix graffiti to any natural or man-made surface on any city owned property or on any non-city owned property without the prior consent of such other person.

(b) Public or private property shall include any building, bridge fence or other structure, any street, alley, sidewalk, or other vehicular or pedestrian right-of-way, any article of street furniture, lamppost, bus shelter, newspaper box, or trash receptacle, any tree, rock, or other natural fixture, any utility or public service equipment, or any other personal property located outdoors, whether publicly or privately owned.

(c) Graffiti is defined as any inscription, word, figure, painting or other defacement that is marked, etched, scratched, sprayed, drawn, painted or engraved on or otherwise affixed to any surface of public or private property by any graffiti implement, to the extent that the graffiti was not authorized in advance by the owner or occupant of the property, or despite advance authorization, is otherwise deemed a public nuisance by the hearing officer.

This section shall not be construed to prohibit easily removable chalk markings on public sidewalks and streets used in connection with traditional children’s games.

(d) It shall be unlawful for any person to possess any graffiti implement while in, upon or within fifty (50) feet from any public facility, park, playground, recreational facility, or other public building or structure owned or operated by the city unless otherwise authorized by the city. Graffiti implement is defined as any aerosol paint container, broad tipped indelible marker, gum label, paint stick or graffiti stick, etching equipment, brush or other device capable of scarring or leaving a visible mark on any natural or man-made surface.

(e) Any minor or adult violating any provision of this section shall be fined in the amount of $250.00 and/or fifty (50) hours of community service for the first offense and $350.00 and/or one hundred (100) hours of community service for the second offense. At least one (1) parent or guardian of a minor shall be in attendance a minimum of fifty (50) percent of the period of assigned community service.

(f) In addition to any fines, a court shall order all violators to make restitution to the victim for damages or loss caused directly or indirectly by the violator’s offense in the amount or manner determined by the court. In the case of a minor, the parents or legal guardian shall be ordered jointly and severally liable with the minor to make the restitution. Failure of the parents or legal guardian to make payment will result in the filing of a lien on the parent’s or legal guardian’s property that includes the fine and administrative costs.

(g) Police officers or any authorized officers may issue a citation for any violation of this section. Multiple instances of graffiti shall be treated as separate violations. In addition thereto, the city may initiate a civil action seeking injunctive as well as other relief to prevent violation(s) of this section.

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

XV. ADJOURNMENT

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