CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF REGULAR COUNCIL MEETING
APRIL 13, 2004
| | CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING APRIL 13, 2004 | |
The City Council meets in the Council Chamber on Tuesday, April 13, 2004, and is called to order at 7:35 p.m. by Mayor Rolland R. Grant.
| Present: | Mayor Rolland R. Grant | ) | |
| | Daniel F. Harrington | ) | |
| | Norman J. Miranda | ) | Council Members |
| | Dr. Isadore S. Ramos | ) | |
| | Patrick A. Rogers | ) | |
| | William J. Conley, Jr. | ) | Acting City Manager |
| | Valerie A. Perry | ) | City Clerk |
| | Timothy Chapman | ) | Acting City Solicitor |
The Invocation is read by Councilman Rogers and the Salute to the Flag is led by Councilman Ramos.
Lori Merolla, Merandi Reporting, is present to record the proceeds of the public hearings.
Alcoholic Beverage License - Class F1 - April 24, 2004
St. Francis Xavier Church - 81 No. Carpenter Street
On motion of Councilman Rogers, seconded by Councilman Ramos, and on a roll call vote, it is unanimously voted to approve the Consent Calendar.
On motion of Councilman Miranda, seconded by Councilman Rogers, it is unanimously voted to change the order of business to hear the items under Communications"
1. Fred A. Vinhateiro, 78 Read Street, Riverside, requesting permission to block off Pawtucket Avenue from Hoppin Avenue to Burnside Avenue from 10:00 A.M. to 3:00 P.m. for the 8th Annual Car Show
On motion of Councilman Miranda, seconded by Councilman Ramos, it is unanimously voted to approve.
2. John Rebello requesting to address the Council re: Restoration of City’s Battle Monuments
The following are present and sworn:
Glen Maciel, 154 Warren Avenue, East Providence
John Rebello, 370 Pleasant Street, Rumford
Thomas Currier, 10 Hilltop Road, East Providence
Brian Coogan, 172 Grove Avenue, East Providence
Glen Maciel speaks on behalf of the group. He reports on a Foundation which was formed to maintain the City’s battle monuments and war memorials. The first project will be the restoration of the monument in front of City Hall.
Councilman Miranda and other members of the Council comment and congratulate Mr. Rebello and Committee members on the efforts made for this worthwhile community project.
John Rebello says donations can be sent to the East Providence Battle Monuments Foundation, Inc., P.O. Box 14157, East Providence, R.I. 02914.
Councilman Miranda recognizes John L. Lewis and thanks him for his participation.
On motion of Councilman Miranda, seconded by Councilman Ramos, it is unanimously voted to support the project.
3. George Lamb requesting to address the Council re: City Manager
George Lamb, 55 North Carpenter Street, East Providence, Rhode Island, is present and sworn. He states that he objects to a proviso in the advertisement for City Manager. He states that he is not opposed to hiring a City Manager, but he is opposed to a 3-year contract, which he says is a violation of Article 2-11 of the City Charter.
Councilman Rogers reads from an employee agreement for former City Manager Earl Sandquist. He states that this document is a contract, and says the Council has followed this practice in the past. Mayor Lamb states that if the ICMA recommends a 3-5 year contract he would agree with it, but he does not believe they do.
After further discussion, John F. Conley, 115 Smith Street, Riverside, Rhode Island is present and sworn. Mr. Conley questions Councilman Rogers about the document pertaining to Mr. Sandquist. Councilman Rogers replies that it was a resolution establishing the benefits and terms of employment for Mr. Sandquist. He also says that this Council will be able to terminate the City Manager at any time. Mr. Conley asks City Solicitor Conley if there will be a violation of the Charter. City Solicitor Conley responds that when the time comes,
4. Ken Ledo, 153 Rocky Hill Road, Rehoboth, Massachusetts and Mark Hayward, 78 Brookhill Drive, Seekonk, Massachusetts are present and sworn. They announce the Border to Border Road Race for Megan and friends, a benefit for children with cancer.
5. Matthew Adams, 215 Pawtucket Avenue and Glen A. Elias, 37 Ingraham Street, are present and sworn and request permission to continue Backyard Wrestling matches
On motion of Councilman Rogers, seconded by Councilman Ramos, it is unanimously voted to refer to the Legal Department.
6. John M. Fahey, 2535 Pawtucket Avenue
Follow-up to inquiry into city public policy originally presented June 3, 2003, and follow-up to open letter to the City Council presented January 6, 2004. Both topics amended with additional comments and recommendations.
Mr. Fahey asks if the goals of the assessment will be fair and equitable for all. He says inequities are still in the data base and no effort has been made to correct them. Councilman Harrington states that money issues will be spoken about at Thursday’s meeting on the reval process, and people will have the opportunity to ask questions. Councilman Rogers asks that a representative from the reval company be present at that meeting.
Mr. Fahey asks if the 1996 standards are being used now and says they would not apply now. He says the 1996 data has been updated with the existing data. He asks that the matter be looked into.
Motion is made by Councilman Harrington, seconded by Councilman Ramos, to refer the matter to the Assessor’s Office. The motion passes 4-1, with Councilman Rogers voting “Nay.”
On motion of Councilman Miranda seconded by Councilman Harrington, it is unanimously voted to return to the regular order of business.
(By Councilman Daniel F. Harrington)
Assistant Harbormaster
Michael Znosko 12 Catalpa Street (02915)
On motion of Councilman seconded Miranda, seconded by Councilman Ramos, it is unanimously voted to approve.
Alcoholic Beverage License Class B - Full Privilege - Transfer
From Edite M. Rodrigues, Rodrigues Restaurant, Inc., dba B&B Sports Tavern To John M. Rodrigues, Rodrigues Restaurant, Inc., dba B&B Sports Tavern
281 Massasoit Ave.
On motion of Councilman Rogers, seconded by Councilman Miranda, it is unanimously voted to consolidate all licenses for this applicant.
Victualing - N/over 25 - Transfer
From Edite M. Rodrigues, Rodrigues Restaurant, Inc., dba B&B Sports Tavern
To John M. Rodrigues, Rodrigues Restaurant, Inc., dba B&B Sports Tavern
281 Massasoit Ave.
Pool Table - Transfer
From Edite M. Rodrigues, Rodrigues Restaurant, Inc., dba B&B Sports Tavern
To John M. Rodrigues, Rodrigues Restaurant, Inc., dba B&B Sports Tavern
281 Massasoit Ave.
Pool Table (Sunday) - Transfer
From Edite M. Rodrigues, Rodrigues Restaurant, Inc., dba B&B Sports Tavern
To John M. Rodrigues, Rodrigues Restaurant, Inc., dba B&B Sports Tavern
281 Massasoit Ave.
John M. Rodrigues, 249 No. Brow Street, East Providence, Rhode Island and Attorney Paul Bettencourt, representing the applicant, are present and sworn.
There is no one from the public wishing to be heard.
On motion of Councilman Miranda, seconded by Councilman Rogers, and on a roll call vote, it is unanimously voted to approve, subject to approvals of the Police Chief and Building Inspector.
Wrecker/Towing
Brian G. Coogan, dba All Mobile Towing and Locksmith, 172 Grove Avenue, East Providence
On motion of Councilman Rogers, seconded by Councilman Harrington, it is unanimously voted to defer to the next meeting (at the request of the applicant).
Carnival - May 15 -16, 2004
The Gordon School, 45 Maxfield Avenue
Lisa Scorpio Jenkins, 631 Forbes Street, Riverside, Rhode Island is present and sworn.
On motion of Councilman Rogers, seconded by Councilman Miranda, it is unanimously voted to approve, subject to approvals of the Police Chief and Building Inspector.
Peddler - Ice Cream
Kevin Machado, dba Palagi’s Ice Cream, 55 Bacon Street, Pawtucket, Rhode Island
Kevin Machado, 33 Bacon Street, Pawtucket, Rhode Island is present and sworn.
On motion of Councilman Rogers, seconded by Councilman Miranda, it is unanimously voted to approve, subject to approvals of Police Chief and Health Department.
Sunday/Holiday Sales
Randall Romanoff, dba Riverside Auto Service & Gas, 2851 Pawtucket Avenue
Randall Romanoff, 43 Manning Drive, East Providence, Rhode Island is present and sworn.
On motion of Councilman Harrington, seconded by Councilman Rogers, it is unanimously voted to approve, subject to approvals of Police Chief and Building Inspector.
ORDINANCES - FINAL PASSAGE (Given First Passage March 23, 2004)
Advertised - Providence Journal March 26, 2004
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” THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:
SECTION I. Sec. 18-269 entitled “Stop and yield intersections designated; when stops required.” is amended by adding thereto the following:
GRANT AVENUE (westbound traffic) at Jackson Avenue. CHAPTER NO. 302
There is no one from the public wishing to be heard.
On motion of Councilman Harrington, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to approve for Final Passage.
2. AN ORDINANCE APPROVING THE ISSUANCE OF DRINKING WATER SYSTEM REVENUE BONDS AND NOTES IN AN AMOUNT NOT TO EXCEED $1,000,000 FOR THE PURPOSES OF FINANCING THE ACQUISITION OF IMPROVEMENTS (WATER METERS) TO
THE EAST PROVIDENCE WATER SUPPLY SYSTEM
SECTION I. The following sums are hereby appropriated for the following purposes: (I) the sum of One Million Dollars ($1,000,000) for the purpose of financing the acquisition of modern and more efficient water meters (the “Project”). The estimated maximum cost of the Project is $1,000,000. The period of usefulness of the Project is expected to be not less than ten (10) years.
SECTION II. In accordance with Chapter 46-12.8 of the Rhode Island General Laws, the City Manager and the City Finance Director are hereby authorized to borrow an amount not exceeding One Million Dollars ($1,000,000) from the Rhode Island Clean Water Finance Agency, and to evidence such loan, said officers are hereby authorized to issue and refund on behalf of the City, in an amount not exceeding One Million Dollars ($1,000,000) drinking water system revenue bonds (the "Bonds") of the City, at one time, or from time to time in order to meet the foregoing appropriation. Amounts authorized to fund each appropriation are restricted to the allocation set forth in this ordinance and may not be reallocated without further approval of the City Council.
SECTION III. The said officers from time to time may issue and refund not exceeding $1,000,000 interest bearing or discounted drinking water system revenue notes (the "Notes") in anticipation of the issue of said Bonds.
SECTION IV. The Bonds and Notes shall be payable solely from revenues of the East Providence Water Supply System. The city may issue bonds, notes, or other obligations on a parity with the Bonds and Notes. 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 V. Pending the issuance of the Bonds under Section II hereof or pending or in lieu of the issue of Notes under Section III hereof, the City Finance Director, at the written direction of the City Council, may expend funds from other funds of the City for the purposes specified in Section I 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 VI. The City Manager and the City Finance Director are also authorized, empowered and directed, on behalf of the City, to: (I) execute, acknowledge and deliver a Trust Indenture by and between the City and a corporate trustee selected by said officers (the “Trust Indenture”), one or more Supplemental Indentures relating to the Bonds and any and all other loan agreements, documents, certificates or instruments necessary to effectuate such borrowing; (ii) amend, modify or supplement the Trust Indenture, the Supplement 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 an 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.
The City Manager and the City Finance Director shall notify the City Council in writing prior to executing, amending or supplementing, or modifying any documents or taking action pursuant to this Section, but the validity of Bonds and Notes issued hereunder shall in no way depend upon the occurrence of such action. The documentation in connection with the issuance of the Bonds and Notes shall require that periodic reports summarizing payments for Project costs will be forwarded to the City Finance Director, the Director of Public Works, and to the City Clerk. The City Clerk shall forward such reports to the members of the City Council.
SECTION VII. The City Manager and the City Finance Director 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 VIII. 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’s Water Enterprise Fund for certain capital expenditures for the Projects 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 $1,000,000 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 particular project is placed in service or abandoned, but in no event more than three (3) years after the date the expenditure is paid.
SECTION IX. The City Manager and the City Finance Director 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 City Manager and the City Finance Director 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 of 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. CHAPTER NO. 303
On motion of Councilman Harrington, seconded by Councilman Rogers, it is unanimously voted to dispense with the reading of the ordinance.
There is no one from the public wishing to be heard.
On motion of Councilman Harrington, seconded by Councilman Ramos, and on a roll call vote, it is unanimously voted to approve for Final Passage.
1. Requesting Council approval to award contract for the Storm Drain Improvements Southeast Drainage Area
On motion of Councilman Miranda, seconded by Councilman Ramos, it is unanimously voted to award the contract to Boyle and Fogarty in the amount of $163,063.
2. Requesting pre-qualification approval Construction of Riverside Library
Mr. Conley states that qualification statements were received from 8 companies, and 5 of the firms have qualified. He says there is an outstanding issue with DePasquale Building & Realty Company with respect to the East Providence Fire Station No. 3. Following Mr. Conley’s report, the Council decides to disqualify DePasquale. Councilman Ramos states that he has some questions about Alhambra Building Company also. Mr. Conley responds that they are in compliance.
Mr. Conley reads the reasons for disqualifying DePasquale and the Council agrees that DePasquale will be disqualified.
On motion of Councilman Rogers, seconded by Councilman Harrington, it is unanimously voted to eliminate DePasquale Building & Realty Company and to approve the remaining four companies.
3. Requesting pre-qualification approval for Construction Management of Riverside Library
On motion of Councilman Miranda, seconded by Councilman Harrington, it is unanimously voted to approve the recommendations of the City Manager.
4. Status of Bond Issue Roadway Improvement Project
Mr. Conley asks for approval to go out to bid for paving. Councilman Ramos says he wants to see the most needy streets done first.
After discussion, Councilman Miranda says he would like the City Manager to instruct Mr. Coutu to go out for bid as soon as possible. He says he wants the streets done no later than October 1st. Councilman Rogers says he wants Rogers Williams Avenue considered for the list. He says he wants to note for the record that the Geo Nova project is moving forward and is already spawning new development, and improvements to the road is important for the project.
On motion of Councilman Miranda, seconded by Councilman Rogers, it is unanimously voted to approve.
5. Omnipoint Proposal - East Providence Police Station
On motion of Councilman Miranda, seconded by Councilman Harrington, it is unanimously voted to approve.
6. Computers, mandates, and teamwork
Mr. Conley reports that when the Federal Government made funds available for Homeland Security, the Police Department was able to purchase state of the art computers. Senator Damiani suggested that the existing computers would be better served by going to the school children in our school system. As a result, 42-44 computers have gone into the schools for the students, as an investment in our future. He says that this is an example of what can be accomplished with teamwork.
On motion of Councilman Harrington, seconded by Councilman Ramos, it is unanimously voted to accept the report as read.
The meeting recesses at 10:00 P.M. and reconvenes at 10.10 P.M.
On motion of Councilman Harrington, seconded by Councilman Ramos, it is unanimously voted to change the order of business to hear the item regarding the Multi-purpose Recreation Center next.
(By Joseph Crook, Director of Parks & Recreation)
Multi-purpose Recreation Center Update
Joseph Crook introduces the project manager for the project, who gives an overview of what has been done to date. She states that the Pierce Field site is being recommended for the proposed Center.
Following her presentation, Mr. Crook states that the bond issue had a stipulation attached that if the Martin Middle School was replaced, the building could be used for the new Center.
Councilmen Ramos and Miranda both say that they agree that the voters should decide if they want the Center. Councilman Harrington says he agrees, but would want to incorporate language for the impact on tax payers. Councilman Rogers says he thinks this is a great idea, but there is a difference between want and need. He says he thinks the average voter, given all the other demands on their time, would not have the time to spend at a Recreation Center.
Mr. Conley says that the vote tonight is to ask the legislature to put it on the ballot. Once the legislature gets back to the Council, an ordinance must be passed. Councilman Rogers says if it doesn’t make sense to spend money on schools, police, fire, etc. because we can’t afford, why would we put a $2.3 million bond issue on for a Recreation Center. Mr. Crook responds by saying that the City does need a new Recreation Center.
Further discussion is held about the wording of the bond that was voted on, with Councilman Ramos saying that the way it was worded prevented it from ever being passed. Councilman Rogers says if anyone thought there was a problem with the prior vote, he proposes that if this proposal will have significant consequences, namely that if it is passed, there will not be any improvements to the schools because of the condition of the bond rating and funding for future construction projects will be in jeopardy.
Motion is made by Councilman Ramos, seconded by Councilman Miranda, to approve submitting a resolution to request the legislature to put the Recreation Center back on the ballot. A roll call vote is taken on the motion:
| Mr. Harrington | Aye |
| Mr. Miranda | Aye |
| Dr. Ramos | Aye |
| Mr. Rogers | Nay |
| Mayor Grant | Aye |
Motion passes 4-1.
7. Report from the Emergency Financial Council
Mr. Conley states that his report has his signature on it as Co-Chair, but Dr. Herbowy has not signed it as yet, and he will not approve a facsimile signature for Dr. Herbowy because it is too important a document for Dr. Herbowy not to sign it.
He says the Emergency Financial Council, based on information supplied by Dr. Herbowy, determined that this year’s School Department deficit is $1.8 million. In order to avoid the disastrous financial consequences the effected deficit will have on the City of East Providence, the Emergency Financial Council voted unanimously to recommend the School Department eliminate 3% of its expenditures, which would amount to $1.8 million, immediately. He says that after the Council voted unanimously, Dr. Herbowy said it was impossible and it couldn’t happen. Mr. Conley says he doesn’t know how someone could sit there and cast a vote for it, and then say he can’t do it.
Mr. Conley goes on to speak about the School Department salary increases and says the City employees made the sacrifice by taking a zero wage increase and paying more in their co-pays for health insurance.
Following Mr. Conley’s report and some Council comments, including a suggestion by Councilman Harrington that the School Committee dismiss the Superintendent of Schools, School Committee Tony Gouveia is given permission to address the Council. Mr. Gouveia states that the Administrators were asked to take a 3% pay cut and they refused. It is suggested that he ask them again. It is determined that a 3% cut would amount to $600,000 between now and the end of the fiscal year.
Councilman Rogers says he is prepared to vote to increase the tax rate from 4% to 5.5% if the School Department agrees to a 3% wage cut for the remaining of the fiscal year, and a zero wage increase in the next fiscal year.
Mr. Conley states that any raise of taxes has to come in the form of a supplemental tax.
Mr. Rogers puts his proposal in the form of a motion, with Mr. Miranda seconding to move the motion. A roll call vote follows:
| Mr. Harrington | Aye |
| Mr. Miranda | Nay |
| Dr. Ramos | Nay |
| Mr. Rogers | Aye |
| Mayor Grant | Aye |
The motion passes 3-2.
Mr. Gouveia requests that the Emergency Financial Council members remain together for next year’s budget.
8. Thompson School Status
On motion of Councilman Rogers, seconded by Councilman Ramos, it is unanimously voted to approve the City Manager’s recommendation.
9. Senior Clerk Typist - Building Inspection Division
On motion of Councilman Rogers, seconded by Councilman Ramos, it is unanimously voted to approve.
10. Disposition of former Rumford Fire Station - 27 Newman Avenue
On motion of Councilman Ramos, seconded by Councilman Rogers, it is unanimously voted to approve the authorization of the sale of the property to Jerry Mischak for $185,000.
(By City Solicitor)
Claims and Litigation Committee Report
| C | Luis & Heather Azevedo, Claim No. 04-12 | Approved |
| | | |
| C | Metlife Auto & Home, Claim No. 04-15 | Approved |
| | (Insured: Franklin Domingos) | |
| | | |
| C | Metlife Auto & Home, Claim No. 04-21 | |
| | (Insured: Manuel Estrela) | Refer to the insurance carrier |
| | | |
| C | Nationwide Mutual Fire Insurance Co, | |
| | Claim No. 04-20 (Insured: Jenny Narcovich) | Refer to Insurance Carrier |
| | | |
| C | Verizon, Claim No. 04-17 | Refer to Insurance Carrier |
On motion of Councilman Harrington, seconded by Councilman Rogers, and on a roll call vote, it is unanimously voted to accept as presented.
(By Mayor Rolland R. Grant)
New designee for City Clerk’s position
On motion of Councilman Rogers, seconded by Councilman Miranda, it is unanimously voted to go into Executive Session at the end of the meeting to discuss the City Clerk designee.
(By Councilman Patrick A. Rogers)
Request for Executive Session re: Personnel Matters
Councilman Rogers defers.
(By Councilman Patrick A. Rogers and Councilman Daniel F. Harrington)
Update on City Manager Search
Councilman Harrington reports that the final selection will be made soon.
(If given first passage, can be referred to the regular Council meeting held on May 4, 2004 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 Article X entitled “Stopping, Standing and Parking.”, Subsection 18-315 entitled “Reserved parking designated-Handicapped parking.” by deleting therefrom the following:
MERCER STREET (north side) in front of house number 174.
On motion of Councilman Rogers, seconded by Councilman Miranda, it is unanimously voted to approve for First Passage.
2. 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 the following:
SECTION I. Chapter 16 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Taxation.” is amended by adding thereto the following:
Article VIII. Property Tax Classification.
Sec. 16-94. Ratable property classification
(a) All ratable property in the city of East Providence shall be classified by the tax assessor as follows:
(1) Class 1. Residential real estate consisting of no more than three (3) dwelling units, land classified as open space, and dwellings on leased land including mobile homes. A homestead exemption provision is also authorized within this class; provided, however, that the actual effective rate applicable to property qualifying for this exemption shall be construed as the standard rate for this class against which the maximum rate applicable to another class shall be determined.
(2) Class 2. Commercial and industrial real estate, residential properties containing partial commercial or business uses and residential real estate of more than three (3) dwelling units.
(3) Class 3. All ratable tangible personal property; excluding wholesale and retail inventory, which shall be taxed in accordance with '44-3-29.1 of the Rhode Island General Laws.
(4) Class 4. Motor vehicles and trailers subject to the excise tax created by Chapter 34 of this title.
(b) The effective tax rate applicable to any class shall not exceed by fifty percent (50%) the rate applicable to any other class.
8) Any tax rate changes from one (1) year to the next shall be applied such that the same percentage rate change is applicable to all classes.
(d) Notwithstanding subdivisions (a) and (b), the tax rates applicable to wholesale and retail inventory within Class 3 as defined in subsection (b) are governed by R.I.G.L. ' 44-3-29.1.
(e) Notwithstanding subdivisions (a) and (b), the tax rates applicable to motor vehicles within Class 4 are governed by R.I.G.L. ' 44-34.1-1.
(f) Notwithstanding subdivisions (a) and (b), the tax rates applicable to residential real estate within subsection (b) are governed by R.I.G.L. ' 44-5-70.
(g) The provisions of Chapter 35 of Title 44 of the Rhode Island General Laws relating to property tax and fiscal disclosure applies to the reporting of and compliance with these classification restrictions.
On motion of Councilman Rogers, seconded by Councilman Miranda, it is voted 4-1 to approve for First Passage. Mr. Harrington is recorded as voting “Nay.”
On motion of Councilman Harrington, seconded by Councilman Rogers, and on a roll call vote, it is unanimously voted to go into Executive Session in accordance with Section 42-46-5 of the “Exceptions” of Chapter 46 of the General Laws, to discuss personnel.
The meeting recesses and goes into Executive Session at 12:20 a.m.
The meeting reconvenes into Open Session at 12:43 a.m. with all Council members present.
Councilman Rogers makes a motion to appoint John O’Hare, Nevada Avenue, East Providence, Rhode Island as City Clerk designee, commencing on May 1, 2004, with an annual salary of $40,000, and that Mr. O’Hare be designee City Clerk until Valerie Perry retires. Mr. O’Hare will then be Acting City Clerk. The motion is seconded by Councilman Ramos. The motion passes unanimously on a roll call vote.
A motion is made by Councilman Rogers to authorize the Chief of Police to institute a fee structure regarding feasts held in the City and that the Chief of Police will send notices as required. The motion is seconded by Councilman Harrington. The motion passes unanimously on a roll call vote.
The meeting adjourns at 12:50 a.m. on a motion by Councilman Rogers, seconded by Councilman Harrington.
Attest:
_________________________
Valerie A. Perry, City Clerk Approved: May 18, 2004