| | CITY OF EAST PROVIDENCE RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING MAY 4, 2004 | |
The City Council meets in the Council Chamber on Tuesday, May 4, 2004, and is called to order at 7:42 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 |
| | Gregory S. Dias | ) | Acting City Solicitor |
The Invocation is read by Councilman Harrington and the Salute to the Flag is led by Councilman Ramos.
CONSENT CALENDAR
1. Approval of Council Journals
Regular Meeting - March 23, 2004
On motion of Councilman Ramos, seconded by Councilman Rogers, and on a roll call vote, it is unanimously voted to accept the Consent Calendar.
PROCLAMATIONS, PRESENTATIONS, INTRODUCTIONS
Shelter Staff and Volunteer Recognition
Onna Moniz-John thanks the Council for allowing an emergency shelter in the City. She states that East Providence was the first City to ever open a shelter on its own. She says this shelter is for whole families; women and children. She thanks the Rumford Lions for their large donation and others in the City who helped with the shelter.
On motion of Councilman Ramos, seconded by Councilman Rogers, it is unanimously voted to change the order of business to move the first item under “Council Members” forward.
COUNCIL MEMBERS
(By Mayor Rolland R. Grant)
City Manager Appointment
Mayor Grant announces the appointment of William Fazioli to the position of City Manager.
Motion to appoint Mr. Fazioli as City Manager is made by Councilman Rogers, seconded by Councilman Miranda.
Councilman Rogers speaks on the appointment process. Both he and Councilman Harrington than the Council for making them part of the process. Councilman Harrington reads Mr. Fazioli’s resume, and Councilman Rogers reads his cover letter. Councilman Ramos states that this was not his choice, but he will go along to get along. He says he does not want his vote to appear negative, but he has to vote on his convictions.
Following further comments by the Council, a roll call vote is taken on the motion.
| Councilman Harrington | Aye |
| Councilman Miranda | Aye |
| Councilman Ramos | Nay |
| Councilman Rogers | Aye |
| Mayor Grant | Aye |
The motion passes 4-1.
On motion of Councilman Rogers, seconded by Councilman Harrington, it is unanimously voted to return to the regular order of business.
CITY COUNCIL SITTING AS LICENSING COMMISSIONERS
LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL
1. Hawker (Deferred from 4/20/04)
Thomas Wayland, dba Tom Wayland’s Hot Dog Stand - 65 Forbes Street, East Providence, RI
Subject to approvals of Police Chief, Building Inspector
Note for Council: Memo dated April 12, 2004 from Police Chief Hubert Paquette recommending denial of this license
The applicant is not present. On motion of Councilman Rogers, seconded by Councilman Ramos, it is unanimously voted to defer.
2. Peddler - Ice Cream
Joanne Sarafian, dba Palagi’s Ice Cream - 34 Unity Avenue, East Providence, RI
Joanne Sarafian, 24 Pine Street, Pawtucket, Rhode Island is present and sworn.
Dr. Ramos states that based on the report from the Chief of Police, he would recommend denying the license.
After discussion, on motion of Councilman Ramos, seconded by Councilman Rogers, it is unanimously voted to defer this matter to the end of the meeting, to allow her to speak with the Police Chief.
3. Victualing - N/Over 25 - Transfer
From Savers Mart, Inc., dba Savers Mart 190A Newport Avenue
To Best Value Food Mart, Inc., dba Best Value Food Mart, 190A Newport Avenue
Nadra Siddique, 325 East Washington Street, North Attleboro, MA 02869 is present and sworn.
On motion of Councilman Ramos, seconded by Councilman Miranda, it is unanimously voted to approve, subject to approvals of Police Chief, Building Inspector, and Health Inspector.
4. Sunday/Holiday Sales - Transfer
From Savers Mart, Inc., dba Savers Mart 190A Newport Avenue
To Best Value Food Mart, Inc., dba Best Value Food Mart, 190A Newport Avenue
On motion of Councilman Rogers, seconded by Councilman Harrington, it is unanimously voted to approve, subject to approvals of Police Chief, Building Inspector, and Health Inspector.
PUBLIC HEARINGS
2004-2005 Community Development Block Grant Program Presentation of Applications for Funding by Applicants
Following remarks by CDBG Director Nancy Remington and Mayor Grant, Councilman Harrington recuses himself from discussion on the United Methodist request, due to his position on their Board.
The following speakers are sworn in by the Solicitor and give a brief presentation on their programs:
Raymond Benoit - Speaking on behalf of the E.P. Substance Abuse Task Force
Richard Smith - Big Brothers of RI, Inc.
Tom Slavicek - Narragansett Council Boy Scouts
Deb Gurka - Women’s Center, Inc.
Sen. Daniel DaPonte - East Providence Boys and Girls Club.
Kathleen Brady - United Methodist Retirement Center
Audrey Field - Self Help, Inc. - RSVP
Robert Germani - Self Help, Inc. - Senior Aides Program
Claudia Smith - Self Help, Inc.
Carolyn Pelligrino - Self Help Inc. - Job Training & Employment Program
Steven Hug - Family Service, Inc.
Maureen Boris - East Providence Senior Center
Korina Ramsland - Sexual Assault & Trauma Resource Center, Inc.
Denise Patnode - East Bay Mental Health Center, Inc.
Dr. Marge Pazzione - Riverside Family Center
Diane Selly - Riverside Skateboard Park
Donna Cone and Cynthia Brown - New England Gerontology Academy
John Vierra - East Providence Community Center, inc.
Following the presentations, the meeting recesses at 9:15 P.M. and reconvenes at 9:25 P.M.
On motion of Councilman Ramos, seconded by Councilman Miranda, it is unanimously voted to change the order of Business to move the items under “City Manager” forward.
NEW BUSINESS
CITY MANAGER
Rose Larisa Memorial Park/ADA Compliance
Mr. Conley reports that he received correspondence from Harvey Salvas of the Governor’s Commission on the Handicapped. He states that 3 areas of the Rose Larisa Memorial Park are in non-compliance. He says that he met today with Gates Leighton Associates, the Project Manager, Henry Salvas and City Staff. The areas include handicapped parking needing to be moved, signage and restriping the lot; a well-established signage plan; and access to the beach. Councilman Ramos says he does not want to use one dime of the taxpayers money to fix a mistake made by others.
John F. Conley, 115 Smith Street, Riverside, Rhode Island is present and sworn.
Mr. Conley says his concern is the incline and asks who will pay for the project. Mr. Conley also mentions the rock in front of the Carousel with Rose Larisa’s name on it. He suggests a plaque in front of the carousel that will have the names of the original five people who were responsible for saving the Carousel. It is also mentioned that one of the names is spelled incorrectly.
Council Consent is given to Anthony Bochichio, 96 Pinecrest Drive, East Providence, Rhode Island, Chairman of the Carousel Park Commission, to address the Council. Mr. Bochichio says they have not forgotten the ACarousel Five” and they will be dedicating an outside horse to the five people responsible for saving the Carousel. Councilman Ramos asks Mr. Bochichio if he has a problem putting a plaque on the outside. He says they have no problem with that, provided they can get the funding.
Councilman Harrington makes a motion that the issue of the correct spelling of the name and/or any further monuments be deferred to the Carousel Commission and ask that they respectfully work with Mr. Conley and other people who want a say in this, and then report back to the Council as soon as they can on their recommendations on a plan.
Councilman Rogers seconds the motion with an amendment that will add an additional plaque with the names of the Council that are involved at the time of the park’s opening.
The motion passes unanimously.
COMMUNICATIONS
1. Joe Larisa 44 Don Avenue, East Providence, Rhode Island requesting to address the Council re: Grand Opening and Dedication Rose Larisa Memorial Park and Grand Reopening Looff Carousel Saturday, June 12, 2004 Noon.
Joe Larisa reports on the plans and invites the Council and the public to the grand opening.
2. Dennis Costa, 21 Dunbar Avenue, Rumford, Rhode Island requesting to address the Council re: Handicapped Accessibility at Rose Larisa Park
Mr. Costa is not present. On motion of Councilman Miranda, seconded by Councilman Rogers, it is unanimously voted to defer.
On motion of Councilman Harrington, seconded by Councilman Miranda, it is unanimously voted to return to the regular order of business.
ORDINANCES - FINAL PASSAGE
(Given first passage April 13, 2004)
(Advertised - Prov. Journal - April 16, 2004)
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. CHAPTER NO. 304
There are no persons from the public wishing to be heard.
On motion of Councilman Rogers, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to approve for Final Passage.
The following ordinance creates a real estate property tax classification
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:
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.
(c) 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 unanimously voted to dispense with the reading of the ordinance.
Mr. Conley asks for amendments by crossing out the word “effective” in paragraph (b) and changing the percentage in the same paragraph from 50% to 200%.
On motion of Councilman Rogers, seconded by Councilman Miranda, a roll call vote is taken to approve as amended for First Passage:
| Mr. Harrington | Nay |
| Mr. Miranda | Aye |
| Dr. Ramos | Aye |
| Mr. Rogers | Aye |
| Mayor Grant | Aye |
Motion passes 4-1.
3. 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:
AGNES STREET (eastbound traffic) at North Hull Street. CHAPTER NO. 305
There is no one from the public wishing to be heard.
On motion of Councilman Miranda, seconded by Councilman Ramos, it is unanimously voted to approve for Final Passage.
Chief Paquette is called to the podium to report on the Peddler’s license discussed earlier in the meeting. Chief Paquette says he will approve the license, provided the applicant adheres to the stipulations he has outlined to her.
A motion is made by Councilman Harrington, seconded by Councilman Miranda, to approve the peddler’s license, subject to the stipulations as outlined by the Chief. Roll call vote follows:
| Mr. Harrington | Aye |
| Mr. Miranda | Aye |
| Dr. Ramos | Aye |
| Mr. Rogers | Nay |
| Mayor Grant | Nay |
The motion passes 3-2.
4. 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:
REYNOLDS STREET (eastbound traffic) at North Hull Street. CHAPTER NO. 306
There is no one from the public wishing to be heard.
On motion of Councilman Miranda, seconded by Councilman Rogers, it is unanimously voted to approve for Final Passage.
NEW BUSINESS
CITY MANAGER
1. Financial/Budget Status Report
Mr. Conley refers to a memo of March 19, 2004, which indicates that this municipality is heading for financial disaster. He reports that the Emergency Financial Council communicated to the Council and School Committee. The School Committee said they made $500,000 in cuts but they have not communicated that information to the City Council. The information provided by the School Committee Chairman was that proposals to the school unions were negative. He also states that the next report due by the School Department to the State is May 20, and the City wants a copy of the report by May 14.
Mr. Conley goes on to say that the City is one level above a “B” in the bond rating, and the bonds will not be purchased at that rating. Next week, if we don’t maintain our AAA rating and go for a “B”, it will be because of the School Department. He says the following scenarios could take place:
a. By May 20, the School can comply with the law and provide a corrective action plan;
b. this Council can petition the General Assembly to petition for a supplemental tax;
c. the Auditor General from the State of Rhode Island take over the City’s finances.
He says the last scenario is an abdication of leadership and responsibility to the people of East Providence. He says he remains available to the City Council and School Committee, but we need the results between now and May 20.
Following further discussion, on motion of Councilman Rogers, seconded by Councilman Harrington, it is unanimously voted to ask the City Solicitor to explore the issue of bringing the School Committee to court.
3. Announcement of the State of R.I. D.E.M. Large Grant Award for $300,000 in funding for development of the Glenlyon Park Outdoor Recreation Facility
4. Announcement of the State of R.I. D.E.M. Large Grant Award for $150,000 in funding for development of Turner Reservoir Loop Trail
Jeanne Boyle reports on the grants that have been received for the projects.
5. Revaluation Communication
Mr. Conley reports that there was a minor error in Vision Appraisal’s format, and as a result approximately 8,000 revaluation notices need to be modified. Tax Assessor Albert Ereio introduces a representative from Vision Appraisal, who explains the process.
6. Wilson Avenue - Stop Sign Study
Mr. Conley reports that the Wilson Avenue stop signs do work. There has been a significant reduction in speeding on the street. Councilman Rogers said he is pleased to see the results, and will support removing the temporary conditions of the ordinance.
On motion of Councilman Rogers, seconded by Councilman Ramos, it is unanimously voted to remove the temporary conditions of the Wilson Avenue stop signs ordinance.
7. Award of the Wastewater Facility Assessment
Steve Coutu reports on the assessment.
On motion of Councilman Rogers, seconded by Councilman Miranda, it is unanimously voted to award the Wastewater Facility Assessment contract to CDM.
REPORTS OF OTHER CITY OFFICIALS
(By City Solicitor)
Claims and Litigation Committee Report
| Barbara Anderson, Claim No. 04-22 | Approved |
| Robert R. Fonseca, | |
| P.p.a. Robert J. Fonseca, Claim No. 04-24 | Refer to Insurance Carrier |
| Lucy Fonseca, (Estate Of), Claim No. 04-25 | Refer to Insurance Carrier |
| Red Bridge Property Company, Claim No. 04-23 | Refer to Insurance Carrier |
On motion of Councilman Rogers, seconded by Councilman Miranda, and on a roll call vote, it is unanimously voted to accept as presented.
COUNCIL MEMBERS
(By Mayor Rolland R. Grant)
Sabins Point Park
Mayor Grant states that Sabins Point Park is probably one of the most beautiful areas in the City, and says the area is used heavily. He says while the Parks and Recreation Director says the park is in good shape, there are barriers that need to be replaced. He asks that it be placed on a regular maintenance schedule. Joseph Crook, Parks and Recreation Director, states that as the City increases it’s properties, there is less and less time to spend on each. Councilman Miranda asks if the City Carpenter can fix the barriers. Councilman Ramos states that there are some benches that need repair and there are no bathroom facilities. Councilman Miranda asks if there has been any consideration to porta johns. Councilman Harrington suggests perhaps selling a piece of land there for a restaurant. Mr. Crook says he will get figures on restrooms.
8% Assessment for Providence Water
Mayor Grant speaks about the 8% assessment that the Mayor of Providence is seeking to add to the cost of water that we pay. He asks the City Manager to get involved with the matter.
(By Councilman Norman J. Miranda)
James Street - refer to the Planning Department
Councilman Miranda reports that the James Street building has finally been torn down, and he asks that the matter of the disposal of land be referred to Planning.
On motion of Councilman Miranda, seconded by Councilman Harrington, it is unanimously voted to refer the matter to the Planning Department.
RESOLUTIONS
Bond Resolution on the Recreation Center
Mr. Conley states that the paperwork has not been received from Bond Counsel on this resolution, but he has received the following:
1. A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO BORROW $1,700,000 IN ANTICIPATION OF CITY REVENUES
SECTION I. Pursuant to Section 45-12-4.3 of the Rhode Island General Laws and Section 4-22 of the Charter of the City, the Director of Finance is authorized to borrow during the fiscal year ending October 31, 2004 $1,700,000 in anticipation of City revenues constituting sewer user charges as may be permitted by law for the purpose of meeting the current liabilities and expenses of the City and that the Director of Finance is authorized to issue the note or notes of the City therefore and to refund such note or notes and any revenue anticipation notes of a prior year to the extent permitted by law. RESOLUTION NO. 33
Motion to adopt is made by Councilman Harrington, seconded by Councilman Ramos. Roll call vote:
| Mr. Harrington | Aye |
| Mr. Miranda | Aye |
| Dr. Ramos | Aye |
| Mr. Rogers | Absent for the vote |
| Mayor Grant | Aye |
The motion passes 4-0.
2. A RESOLUTION DETERMINING CERTAIN MATTERS RELATING TO THE TIME AND MANNER AT AND IN WHICH THE $4,500,000 BONDS OR NOTES FOR THE PURPOSE OF FINANCING THE PLANNING, CONSTRUCTION AND RECONSTRUCTION OF STREETS AND/OR SIDEWALKS WITHIN THE CITY AND CONSTRUCTION OF A NEW LIBRARY IN THE RIVERSIDE SECTION OF THE CITY SHALL BE ISSUED AND SOLD AND AUTHORIZING THE DIRECTOR OF FINANCE AND THE MAYOR TO DETERMINE CERTAIN OTHER MATTERS RELATING THERETO
WHEREAS, Chapter 270 and Chapter 343 of the Public Laws of 2002 authorize the issuance of $4,500,000 bonds and notes in anticipation thereof by the City of East Providence for the purpose of financing the planning, construction and reconstruction of streets and/or sidewalks in the city and the construction of a new library in the Riverside section of the City (the “Project”); and
WHEREAS, said Chapters were duly approved by a majority of those voting on the question at a general election held November 5, 2002, said election having been called and held and the question prescribed by Section 12 of said Chapters presented in accordance with law, and said Chapters are presently in full force and effect; and
WHEREAS, $2,700,000 in bond anticipation notes have previously been issued pursuant to such authority (the "Notes"); and
WHEREAS, the Council of the City of East Providence has by Ordinance (Chapter __) appropriated the sum of $4,500,000 for the purpose of the Project, including retirement of the Notes at the maturity thereof, authorized the issue of $4,500,000 bonds or notes in anticipation thereof to meet such appropriation and ordained that the City Council shall determine by resolution the time or times and manner at and in which said bonds or notes shall be issued and sold.
The Council of the City of East Providence hereby resolves:
Section 1. Bonds in an amount not to exceed $4,500,000 shall be sold at public sale (the "Bonds"). The Director of Finance and the Mayor be, and they hereby are, authorized to determine the time or times and manner at and in which said Bonds shall be issued and sold including the denominations, maturities, interest rates and other terms and conditions of any such Bonds as they in their discretion deem necessary or desirable to implement the foregoing.
Section 2. The Director of Finance and the Mayor are hereby authorized to take all action necessary to effect the issuance of the Bonds and said officers are hereby authorized and instructed to take all lawful action on behalf of the City necessary under the Internal Revenue Code of 1986, as amended (the "Code"), to insure that the interest on the Bonds will remain exempt from federal income taxation to the extent provided in Section 103 of the Code, and to refrain from taking any action which will cause interest on the Bonds to lose the benefit of exclusion from gross income provided by Section 103(a) of the Code. RESOLUTION NO. 34
Motion to adopt is made by Councilman Harrington, seconded by Councilman Ramos. Roll call vote:
| Mr. Harrington | Aye |
| Mr. Miranda | Aye |
| Dr. Ramos | Aye |
| Mr. Rogers | Absent for the vote |
| Mayor Grant | Aye |
The motion passes 4-0.
3. A RESOLUTION DETERMINING CERTAIN MATTERS RELATING TO THE TIME AND MANNER AT AND IN WHICH THE $4,500,000 BONDS OR NOTES FOR THE PURPOSE OF FINANCING THE FOLLOWING PROJECTS IN THE CITY: REPAIRS TO THE LOOFF CAROUSEL, UPGRADE OF THE WATCHEMOKET STORM DRAIN; REPAIRS AND RENOVATIONS TO THE POLICE STATION; FEASIBILITY STUDY AND PRELIMINARY PLANNING FOR A NEW FIRE STATION; WATERFRONT DEVELOPMENT; SOCCER FIELD AND OTHER RECREATIONAL FACILITY DEVELOPMENT; WARREN AVENUE STREET SCAPE; THE ACQUISITION OF PROPERTY; AND REPAIRS AND IMPROVEMENTS TO THE STORM DRAINAGE AND SANITARY SEWER SYSTEMS SHALL BE ISSUED AND SOLD AND AUTHORIZING THE DIRECTOR OF FINANCE AND THE MAYOR TO DETERMINE CERTAIN OTHER MATTERS RELATING THERETO
WHEREAS, Chapter 273 and Chapter 349 of the Public Laws of 2002 authorize the issuance of $4,500,000 bonds and notes in anticipation thereof by the City of East Providence for the purpose of financing the (the "Project"); and
WHEREAS, said Chapters were duly approved by a majority of those voting on the question at a general election held November 5, 2002, said election having been called and held and the question prescribed by Section 12 of said Chapters presented in accordance with law, and said Chapters are presently in full force and effect; and
WHEREAS, $2,300,000 in bond anticipation notes have previously been issued pursuant to this authority (the "Notes"); and
WHEREAS, the Council of the City of East Providence has by Ordinance (Chapter __) appropriated the sum of $4,500,000 for the purpose of the Project, including retirement of the Notes at the maturity thereof, authorized the issue of $4,500,000 bonds or notes in anticipation thereof to meet such appropriation and ordained that the City Council shall determine by resolution the time or times and manner at and in which said bonds or notes shall be issued and sold.
The Council of the City of East Providence hereby resolves:
Section 1. Bonds in an amount not to exceed $4,500,000 shall be sold at public sale (the "Bonds"). The Director of Finance and the Mayor be, and they hereby are, authorized to determine the time or times and manner at and in which said Bonds shall be issued and sold including the denominations, maturities, interest rates and other terms and conditions of any such Bonds as they in their discretion deem necessary or desirable to implement the foregoing.
Section 2. The Director of Finance and the Mayor are hereby authorized to take all action necessary to effect the issuance of the notes and said officers are hereby authorized and instructed to take all lawful action on behalf of the City necessary under the Internal Revenue Code of 1986, as amended (the "Code"), to insure that the interest on the Bonds will remain exempt from federal income taxation to the extent provided in Section 103 of the Code, and to refrain from taking any action which will cause interest on the Bonds to lose the benefit of exclusion from gross income provided by Section 103(a) of the Code. RESOLUTION NO. 35
Motion to adopt is made by Councilman Harrington, seconded by Councilman Ramos. Roll call vote:
| Mr. Harrington | Aye |
| Mr. Miranda | Aye |
| Dr. Ramos | Aye |
| Mr. Rogers | Absent for the vote |
| Mayor Grant | Aye |
The motion passes 4-0.
AN ORDINANCE APPROPRIATING $4,500,000 TO FINANCE THE CITY OF EAST PROVIDENCE TO FINANCE THE FOLLOWING PROJECTS IN THE CITY: REPAIRS TO THE LOOFF CAROUSEL, UPGRADE OF THE WATCHEMOKET STORM DRAIN; REPAIRS AND RENOVATIONS TO THE POLICE STATION; FEASIBILITY STUDY AND PRELIMINARY PLANNING FOR A NEW FIRE STATION; WATERFRONT DEVELOPMENT; SOCCER FIELD AND OTHER RECREATIONAL FACILITY DEVELOPMENT; WARREN AVENUE STREET SCAPE; THE ACQUISITION OF PROPERTY; AND REPAIRS AND IMPROVEMENTS TO THE STORM DRAINAGE AND SANITARY SEWER SYSTEMS AND AUTHORIZING $4,500,000 BONDS OR NOTES TO FINANCE SAME
WHEREAS, Chapter 273 and Chapter 349 of the Public Laws of Rhode Island 2002 authorize the issue of $4,500,000 bonds and notes in anticipation thereof by the City of East Providence to finance the following projects in the City: Repairs to the Looff Carousel, Upgrade of the Watchemoket Storm Drain; Repairs and Renovations to the Police Station; Feasibility Study and Preliminary Planning for a New Fire Station; Waterfront Development; Soccer Field and Other Recreational Facility Development; Warren Avenue Street Scape; the Acquisition of Property; and Repairs and Improvements to the Storm Drainage and Sanitary Sewer Systems (hereinafter referred to as the "Project"); and
WHEREAS, said Chapters were duly approved by a majority of those voting on the question at a special election held November 5, 2002 said election having been called and held and the question prescribed by Section 12 of said Chapters presented in accordance with law, and said Chapters are presently in full force and effect; and
WHEREAS, $2,300,000 in bond anticipation notes have previously been issued pursuant to this authority (the "Notes"); and
WHEREAS, the Project is a capital project for public improvements needed by the city;
THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:
SECTION I. The sum of $4,500,000 is hereby appropriated for the purpose of the Project including retirement of the Notes at the maturity thereof.
SECTION II. The issue of $4,500,000 bonds or notes in anticipation thereof to meet the foregoing appropriation is hereby authorized pursuant to Chapter 273 and Chapter 349 of the Public Laws of Rhode Island, 2002 and the City Charter. The City Council shall determine by resolution the time or times and manner at and in which said bonds or notes in anticipation of such bonds shall be issued and sold and the officers issuing the bonds or notes shall determine the form of the bonds or notes in accordance with law.
SECTION III. The estimated maximum cost of the Project is $4,500,000 and any unexpended sum from said appropriation shall be used for either the retirement of said bonds or notes issued in anticipation thereof or for the payment of interest thereon. Prior to issuance of said bonds or notes in anticipation thereof, funds may be advanced from the city’s general fund for Project costs.
Motion to approve for First Passage is made by Councilman Miranda, seconded by Councilman Harrington. Roll call vote:
Mr. Harrington Aye
Mr. Miranda Aye
Dr. Ramos Aye
Mr. Rogers Absent for the vote
Mayor Grant Aye
The motion passes 4-0.
2. AN ORDINANCE APPROPRIATING $4,500,000 TO FINANCE THE PLANNING, CONSTRUCTION AND RECONSTRUCTION OF STREETS AND/OR SIDEWALKS WITHIN THE CITY AND CONSTRUCTION OF A NEW LIBRARY IN THE RIVERSIDE SECTION OF THE CITY AND AUTHORIZING BONDS OR NOTES TO FINANCE SAME.
WHEREAS, Chapter 270 and Chapter 343 of the Public Laws of Rhode Island 2002 authorize the issue of $4,500,000 bonds and notes in anticipation thereof by the City of East Providence to finance the planning, construction and reconstruction of streets and/or sidewalks within the city and construction of a new library in the Riverside section of the City (hereinafter referred to as the "Project"); and
WHEREAS, said Chapters were duly approved by a majority of those voting on the question at a general election held November 5, 2002 said election having been called and held and the question prescribed by Section 12 of said Chapters presented in accordance with law, and said Chapters are presently in full force and effect; and
WHEREAS, $2,700,000 in bond anticipation notes have previously been issued pursuant to such authority (the "Notes"); and
WHEREAS, the Project is a capital project for public improvements needed by the city;
THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:
SECTION I. The sum of $4,500,000 is hereby appropriated for the purpose of the Project.
SECTION II. The issue of $4,500,000 bonds or notes in anticipation thereof to meet the foregoing appropriation is hereby authorized pursuant to Chapter 270 and Chapter 343 of the Public Laws of Rhode Island, 2002 and the City Charter. The City Council shall determine by resolution the time or times and manner at and in which said bonds or notes in anticipation of such bonds shall be issued and sold and the officers issuing the bonds or notes shall determine the form of the bonds or notes in accordance with law.
SECTION III. The estimated maximum cost of the Project, including retirement of the Notes at the maturity thereof, is $4,500,000 and any unexpended sum from said appropriation shall be used for either the retirement of said bonds or notes issued in anticipation thereof or for the payment of interest thereon. Prior to issuance of said bonds or notes in anticipation thereof, funds may be advanced from the city’s general fund for Project costs.
Motion to approve for First Passage is made by Councilman Miranda, seconded by Councilman Harrington. Roll call vote:
| Mr. Harrington | Aye |
| Mr. Miranda | Aye |
| Dr. Ramos | Aye |
| Mr. Rogers | Absent for the vote |
| Mayor Grant | Aye |
The motion passes 4-0.
COMMUNICATIONS
1. Request by East Bay Realty Corp II for property tax exemption per RIGL 44-3-3 for property located at 193 Waterman Avenue
On motion of Councilman Miranda, seconded by Councilman Harrington, it is unanimously voted to defer.
2. Donald Bowden, 60 Pearl Avenue, Rumford, Rhode Island requesting to address the Council regarding Fire Station #3 and Communications Center
Mr. Bowden reads a statement which alleges many violations at Fire Station No. 3 in Rumford.
Fire Chief Joseph Castro responds. Albert Quattrucci also speaks on the problems at the Fire Station. The Council states that the Project Manager Ernie DiSaia should be put on notice.
The meeting adjourns at 12:10 A.M.
Attest:
_____________________________
Valerie A. Perry, CMC
City Clerk