AN ORDINANCE IN AMENDMENT OF CHAPTER 16 OF THE REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE, RHODE ISLAND, 1998, AS AMENDED, ENTITLED “TAXATION”, which adds thereto the following:

Article VII. Real Estate Nonutilization Tax - Sec. 16-85. Definitions.

The following words, terms, and phrases, when used in this chapter, have the meanings ascribed to them in this article, except in those instances where the context clearly indicates a different meaning:

Actively marketed means good faith efforts by the owner of the property to obtain one or more occupants of the property. These good faith efforts may include, without limitation, one or more of the following: (i) making substantial financial expenditures in comparison with the value of the property; or (ii) listing the property for sale or lease, or both, with one or more real estate brokers, for a price and on terms, of for a rental that is realistic considering the fair market or fair market rental value of the property; or (iii) advertising, using one or more signs on the property and at least one other medium, the availability of the property for sale or rental for a price and on terms or at a rental that is realistic considering the fair market value or fair rental value of the property. Sporadic attempts to sell or lease the property during the privilege year may be viewed as not constituting a good faith marketing effort.

Continuously unoccupied means any property which is listed during the entire privilege year as vacant in the records of a city's or town's department of minimum housing.

Privilege year means the twelve (12) month period corresponding to the calendar year.

Vacant and abandoned property means any property which is:

(1) A building that has remained continuously unoccupied during the privilege year or a lot, with no existing structure that is littered with trash and obviously abandoned;

(a) In the case of property containing one or more buildings used in whole or in part for one or more dwelling units immediately prior to the time the property became vacant, been under continuous designation as vacant by a city's or town's department of minimum housing during the privilege year; or

(b) In the case of property containing one or more buildings none of which were used in whole or in part for one or more dwelling units immediately prior to the time the property became vacant, been under continuous citation by an agency of a city or town for violation of minimum housing code provisions relating to the health or safety of citizens during the privilege year.

Nonprofit housing organization means any organization exempt from taxation pursuant to ' 501(c)(3) of the Internal Revenue Code [26 U.S.C. ' 501(c)(3)] whose exempt purposes include the provision of affordable housing to low and moderate income households.

Reviewing entity means the Department of Planning.

Development plan means a plan to rehabilitate a vacant and abandoned property within a set time frame for a use in conformance with the city or town's comprehensive plan.

Abutter means a neighbor whose property touches the property in question.

Sec. 16-86. Imposition of tax.

The City of East Providence shall impose a tax upon the privilege of utilizing property as vacant and abandoned property within the city during any privilege year commencing with the privilege year beginning January 1, 2000 and every privilege year thereafter. The tax shall be in addition to any other taxes authorized by the general or public laws.

Sec. 16-87. Determination of vacant or abandoned property.

The Building Official for the City of East Providence shall be responsible for determining which properties are vacant and abandoned. If the Building Official determines that a building has been continuously unoccupied or vacant and abandoned during the privileged year, the Building Official shall notify the Tax Assessor and the Tax Assessor shall impose the nonutilization tax authorized by this chapter.

Sec. 16-88. Removal of nonutilization tax.

The nonutilization tax shall be removed from the property upon certification by the Building Official to the Tax Assessor that the property has been rehabilitated. Any development plan proposed by a nonprofit housing organization or an abutter pursuant to this chapter shall be submitted for review to the Department of Planning and must be approved by the Department of Planning prior to development.

Sec. 16-89. Abatement of nonutilization tax.

The Tax Assessor shall abate the nonutilization tax if it is imposed in error or if a nonprofit housing organization or an abutter acquires the property for rehabilitation and submits a development plan that complies with the provisions of Sec. 16-90(2).

Sec. 16-90. Exemptions.

(1) The non-utilization tax authorized by this chapter shall not be imposed on property owned by an abutter or a nonprofit housing organization if: (i) the abutter or nonprofit housing organization submits a proposed development plan which has been approved by the Rhode Island housing resources commission or Rhode Island housing and mortgage finance corporation to the Planning Department; (ii) the proposed development plan contains a reasonable timetable for the development or reuse of the property; and (iii) the Planning Department determines that the proposed development plan is in accordance with the city’s approved comprehensive plan and approves it.

(2) The Planning Department shall deliver a copy of the approved development plan to the Tax Assessor who shall certify the property as exempt from the non- utilization tax.

(3) Failure of the nonprofit housing organization or abutter, without good cause, to carry out the development or reuse of the property in accordance with the timetable set forth in the approved development plan shall result in the property being subject to the non-utilization tax as of the first date of assessment following the expiration of the timetable in the approved development plan.

(4) The decision of the Planning Department denying approval of a development plan may be appealed as provided in Sec. 16-93.

Sec. 16-91. Rate of tax.

The tax authorized by this chapter shall be measured by the assessed value of the real estate at the rate of ten dollars ($10.00) for each one hundred dollars ($100) of the assessed value of the real estate as most recently returned by the Tax Assessor.

Sec. 16-92. Date on which taxes due.

The tax imposed under authority of this chapter shall be due and payable in the same manner as other municipal taxes are due in the City of East Providence.

Sec. 16-93. Appeals.

(a) In any appeal from the imposition of the tax set forth in this chapter, the tax review board of the City of East Providence shall find in favor of an appellant who shows that the property assessed:

(1) Was actively marketed during the privilege year; or

(2) Was occupied for substantial portions of the privilege year, notwithstanding its designation by the Building Official.

(3) Was exempt pursuant to Sec. 16-90 from the imposition of the tax set forth in this Article.

(b) Nothing contained in this Article shall be deemed to enlarge or diminish any other right of appeal that an appellant may possess pursuant to the general or public laws, or the ordinances of the City of East Providence.

(Requested by the Law Department)

CHAPTER NO. 208

On a motion by Councilman Miranda, seconded by Councilman Grant it is unanimously voted to dispense with the reading of this ordinance.

There are no persons from the public wishing to be heard.

On motion of Councilman Grant, seconded by Councilman Midgley, and on a roll call vote, it is unanimously voted to approve for Final Passage.

On motion of Councilman Midgley, seconded by Councilman Miranda, it is unanimously voted to change the order of business.

NEW BUSINESS

CITY MANAGER

1. City's Annual Audit Report for fiscal year ending October 31, 2001, presented by Auditors, Bacon & Edge, Certified Public Accountants.

Following the report, on motion of Councilman Grant, seconded by Councilman Miranda, it is unanimously voted to return to the regular order of business.

CONTINUED BUSINESS

City and School Department Bond Resolution Proposals - Discussion and Vote

Mr. Lemont reports that he has recommenced for the City a total of $9 million, divided into two groups:

1st grouping consisting of:

Streets & sidewalks $3,000,000.

Riverside Library 1,500,000.

2^nd grouping consisting of:

Carousel Improvements $ 750,000.

Watchemoket Pumping Station 1,000,000.

I & I Study 1,200,000.

Soccer Field Improvements 250,000.

Property Acquisition 200,000.

Police Station Renovations & New Fire Station 600.000.

Waterfront Development 250,000.

Warren Avenue StreetScape 250,000.

Mr. Lemont answers questions from the Council about his recommendations. Steve Coutu, Director of Public Works, answers questions regarding the I&I Study.

Following further discussion, a motion is made by Councilman Rogers, seconded by Councilman Grant to amend the second Group of the City Manager’s bond issue proposals as follows:

Change the allocation for Soccer Fields from $250,000 to $450,000; the allocation to the Watchemoket Pumping Station from $1,000,000. to $950,000; the allocation for additional I & I work from $1,200,000. to $1,150,000; and the allocation for the Police Station renovations and allocation for a new fire station from $600,000. to $500,000, and if this Council sees that something needs to be a little more or a little less, whoever is on the Council in the future will have the discretion to move those figures around.

A roll call vote is taken on the motion:

Councilman Grant Aye

Councilman Midgley Nay

Councilman Miranda Aye

Councilman Rogers Aye

Mayor Larisa Aye

The motion passes 4-1.

On motion of Councilman Midgley, seconded by Councilman Rogers, and on a roll call vote, it is unanimously voted to approve Group #1 of the City Manager’s bond issue proposals.

On motion of Councilman Grant, seconded by Councilman Rogers, and on a roll call vote, it is unanimously voted to approve the amended Group #2 of the City Manager’s bond proposals.

Discussion is held on the multi-purpose Recreational Center. Councilmen Grant and Miranda voice their support of having the issue placed on the ballot and having the voters decide.

Mayor Larisa speaks on the issue. He says the Martin Middle School would be the perfect site, but it is not available at this time. He goes on to speak of the impact on taxes with the approval of the bond issues. The Finance Director reports that the average taxpayer will pay $137 in year 1; $113 in year 2; and $113 for each of the next 18 years, just to pay off the bonds.

A motion is made by Councilman Rogers, seconded by Councilman Miranda for discussion, on a bond issue for Martin Middle School upon the construction of a new school for an amount not to exceed $3,000.000 for renovation for a Multi Purpose Center at that site. Roll call vote follows:

Councilman Grant Nay

Councilman Midgley Nay

Councilman Miranda Nay

Councilman Rogers Aye

Mayor Larisa Aye

Motion fails on a 3-2 vote.

A motion is made by Councilman Grant, seconded by Councilman Miranda, on a bond issue for Martin Middle School upon the construction of a new school for an amount not to exceed $5,000.00. For renovation for a Multi-Purpose Center at that site. Roll call vote follows:

Councilman Grant Aye

Councilman Midgley Aye

Councilman Miranda Aye

Councilman Rogers Nay

Mayor Larisa Nay

Motion passes on a 3-2 vote.

The meeting recesses for five minutes.

The meeting reconvenes with all Council members present. Discussion is held on the School Department proposals. Mayor Larisa states that the tax increase that would result in a $32 million bonded indebtedness for a new Middle School would create a tax increase scenario that would hurt the taxpayers in a big way.

Councilman Miranda states that it should be up to the voters to make the decision.

Councilman Midgley says he feels it would be irresponsible of him to vote for this and put his constituents in harms way.

Councilman Rogers makes a motion to defer the $32 million for the up-coming bond issue. Councilman Miranda seconds the motion. Roll call vote follows:

Councilman Grant Nay

Councilman Midgley Aye

Councilman Miranda Aye

Councilman Rogers Aye

Mayor Larisa Aye

Motion passes 4-1.

Councilman Rogers makes a motion (for discussion purposes), to approve the $9 million request from the School Department for renovations to Martin Middle School. Councilman Midgley seconds the motion.

Mayor Larisa speaks on his proposal to move 200 Martin students to the Riverside Middle School He also speaks on his proposal to take $3 million and reserve it for a new Martin Middle School in the future, and using the rest for renovations.

Mayor Larisa says he would like to see a motion that the Council pass a bonding resolution that will be inserted into the record that $3 million of the City’s bonded debt capacity be allocated towards a future Martin Middle School, and a $6 million bond issue to be sent to the General Assembly for all other repairs to Martin and to the other school buildings as presented by the Superintendent.

Councilman Rogers says he would prefer taking a separate vote on the $3 million as a down payment for the Martin Middle School.

Following discussion, a roll call vote is taken on the motion:

Councilman Grant Aye

Councilman Midgley Aye

Councilman Miranda Aye

Councilman Rogers Nay

Mayor Larisa Nay

Motion passes 3-2.

Motion is made by Councilman Rogers to reserve $3 million of the $9 million bond issue for the sole purpose of a down payment for construction for a new middle school. Councilman Midgley seconds the motion.. Roll call vote follows:

Councilman Grant Nay

Councilman Midgley Nay

Councilman Miranda Nay

Councilman Rogers Aye

Mayor Larisa Aye

Motion fails on a 3-2 vote.

On motion of Councilman Grant, seconded by Councilman Grant, and on a roll call vote, it is unanimously voted to transmit the duly authorized and approved bond issues to the authority of the City Solicitor to work with bond counsel and submit them immediately to the Rhode Island General Assembly.

2. 2002-2003 CDBG: Recommendations for funding/ City Council authorization of budget

On motion of Councilman Miranda, seconded by Councilman Grant, and on a roll call vote, it is unanimously voted to approve the recommendations for funding.

3. Electrical Easement - 30 North Broadway (Fire Station #3)

On motion of Councilman Miranda, seconded by Councilman Rogers, it is unanimously voted to approve.

4. Memo dated 5/16/02 from the Planning Board re: Disposition of City Property, request for acquisition by Self Help Inc., 100 Bullocks Point Avenue

On motion of Councilman Miranda, seconded by Councilman Grant, it is unanimously voted to approve, subject to the City Manager’s negotiations with Self-Help.

5. Requesting Council approval to award contract for “Freedom Green Park”

On motion of Councilman Miranda, seconded by Councilman Rogers, it is unanimously voted to approve.

Mayor Larisa reports that the City Solicitor has informed the Council that the Interlocal Trust will insure the Skateboard Park if it is built to their specs. He proposes that within the $450,000 Recreation bond issue, the skateboard park be added. Councilman Rogers suggests the wording “Soccer fields and other recreational development.”

On motion of Councilman Grant, seconded by Councilman Miranda, to amend the previously approved Group #2 bond issue to add “Soccer fields and other recreational development.”

Roll call vote is taken:

Councilman Grant Aye

Councilman Midgley Nay

Councilman Miranda Aye

Councilman Rogers Aye

Mayor Larisa Aye

Motion passes 4-1.

REPORTS OF OTHER CITY OFFICIALS

(By William J. Conley, Jr., City Solicitor)

Claims and Litigation Committee Report

· William Stringfellow, Claim No. 02-22 Approved

· Beverly Ferreira, Claim No. 02-21 Referred to Insurance Carrier

· Pending Litigation - Metacomet Realty Company v. City Approved

On motion of Councilman Grant, seconded by Councilman Midgley, and on a roll call vote, it is unanimously voted to accept as presented.

COUNCIL MEMBERS

(By Mayor Joseph S. Larisa, Jr.)

Board of Canvassers Appointment - effective June 29, 2002

Mayor Larisa states that in order to comply with the law, the Democrat Party has already submitted a list of five names for the appointment, but the Republican Party still has not complied. He states that the Council is putting this out as public notice that unless a list is received by the next Council meeting, they waive their right to put in a list of five and this appointment will be made at the next Council meeting.

INTRODUCTION OF ORDINANCES - (If given first passage, can be referred to the next regular Council meeting to be held on June 4, 2002 for a public hearing and consideration of 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”, which amends Sec. 18-269 entitled “Stop and yield intersections designated; when stops required.” by adding thereto the following:

WOODBINE STREET (northbound traffic) at Meadowcrest Drive.

(Requested by Director of Public Works)

On motion of Councilman Grant, seconded by Councilman Miranda, it is unanimously voted to approve for First Passage.

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.", which amends Article XI entitled "Loading Zones.", Subsection 18-332 entitled "Curb loading zones." by deleting therefrom the following:

NARRAGANSETT AVENUE (east side), from River Street southerly for a distance of 54 feet, from 9:00 a.m. to 2:00 p.m. weekdays.

(Requested by Councilman Midgley)

On motion of Councilman Midgley, seconded by Councilman Miranda, it is unanimously voted to approve for First Passage

3. The following ordinance allows the City Clerk to issue Tent licenses after receiving approvals from the Fire Dept., Police Dept., and a permit from the Building Inspector.

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”., which is amended by adding thereto the following:

ARTICLE XXI Tents.

Sec. 8-575 Tents for which license required - Application and issuance.

No tent exceeding one hundred twenty square feet (120 sq. ft.) in area shall be erected, maintained, operated, or used in the City of East Providence until a license from the City Clerk of the City of East Providence is obtained. The license shall not be issued for a period exceeding thirty (30) days and shall be revocable for cause.

CONSENT CALENDAR

PROCLAMATIONS, PRESENTATIONS, INTRODUCTIONS

CITY COUNCIL SITTING AS LICENSING COMMISSIONERS

PUBLIC HEARINGS

NEW BUSINESS

APPOINTMENTS

COMMUNICATIONS