I.     CONSENT CALENDAR

A.  APPROVAL OF COUNCIL JOURNALS

September 5, 2006 – Regular Meeting

September 5, 2006 – Closed Meeting – Re: Collective Bargaining

September 15, 2006 – Special Meeting

September 19, 2006 – Regular Meeting

B.  CANCELLATION/ABATEMENTS (Requested by Tax Assessor)

C.  LETTER – from the RI Department of Environmental Management regarding the introduction of RIDEM’s new government liaison.                  

D.  ALCOHOLIC BEVERAGE LICENSE - Class F – October 28, 2006

Sacred Heart Church, 118 Taunton Avenue

E.  ALCOHOLIC BEVERAGE LICENSE – Class F-1– October 21 and October 28, 2006

St. Francis Xavier, 81 North Carpenter Street

F.  RESOLUTION – Town of New Shoreham – Resolution opposing Ballot Question No. 1 relative to amending the State of RI Constitution to grant a single private company the right to a no-bid license for a casino in the Town of West Warwick.

G.  RESOLUTION – Town Of South Kingstown – Resolution calling for legislative hearings into insurance industry practices relative to cancellation or non-renewal of policies based on geographic location of property.

H.  RESOLUTION – Town of South Kingstown - Resolution opposing Ballot Question No. 1 relative to amending the State of RI Constitution to grant a single private company the right to a no-bid license for a casino in the Town of West Warwick.

I.  RESOLUTION – Town of Middletown – Resolution opposing the expansion of gambling in Rhode Island and specifically the proposed constitutional amendment which would allow a casino in the Town of West Warwick.

J.  RESOLUTION – Town of North Kingstown – Resolution opposing the expansion of gambling and the development of a casino in the Town of West Warwick or anywhere in Rhode Island. 

On motion of Councilman Caine, seconded by Councilman Silva, and on a roll call vote, it is unanimously voted to approve the Consent Calendar minus the closed minutes of September 5, 2006.

On motion of Councilman Caine, seconded by Councilwoman Perry, it is unanimously voted to defer the approval of the closed minutes of September 5, 2006 at this time.

II.    APPOINTMENTS

Carousel Park Commission (By Councilman Silva)

Betsy Dumas, 72 Seventh Street (02914)

On motion of Councilman Caine, seconded by Councilman Silva, it is unanimously voted to approve.

III.   CITY COUNCIL SITTING AS LICENSING COMMISSIONERS

LICENSES REQUIRING PUBLIC HEARING

1)  B-Limited Victualer (Subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall)

Theodore Mitrelis, Theomar Corp., d/b/a Theo’s Restaurant, 1175 Warren Avenue

Theodore Mitrelis, 31 Bridgham Farm Road, is present and sworn in by the City Solicitor.

There is no one from the public wishing to be heard.

On motion of Councilman Silva, seconded by Councilman Caine, and on a roll-call vote, it is unanimously voted to approve.

2)  Vict/Not Over 50 (Subject to approvals from the Chief of Police, Building Inspector, Health Inspector and Fire Marshall)

Theodore Mitrelis, Theomar Corp., d/b/a Theo’s Restaurant, 1175 Warren Avenue

There is no one from the public wishing to be heard.

On motion of Councilman Silva, seconded by Councilman Caine, and on a roll-call vote, it is unanimously voted to approve.

LICENSES NOT REQUIRING PUBLIC HEARING

3)  Sec/Autos & Trucks (Transfer) Subject to approvals from the Chief of Police, Building Inspector, Zoning Officer, and Fire Marshall.
From:  John St. Angelo, St. Angelo Motors, Inc.

To: Jack H. Fox, Fox Buick, Pontiac, GMC, Inc., 500 Taunton Avenue

Jack H. Fox, 7 Kings Row, Cumberland, RI, is present and sworn in by the City Solicitor.

On motion of Councilman Silva, seconded by Councilman Caine, and on a roll-call vote, it is unanimously voted to approve.

LICENSING COMMISSIONERS RESUME SITTING AS CITY COUNCIL PUBLIC HEARING

IV.   PUBLIC HEARINGS

ORDINANCES – FINAL PASSAGE  (Given First Passage Sept. 19, 2006.  Advertised-Providence Journal – Sept. 22, 2006)

1)  The following is an ordinance amendment regarding maximum tax levy

SECTION I.  Article IV entitled “Property Tax on Ratable Real Estate and Tangible Personal Property and Excise Tax on Registered Motor Vehicles and Trailers” of 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:

Sec. 16-53.  Maximum levy.

(a) Beginning in fiscal year 2007, the City may not levy a tax in an amount more than 3 ½% in excess of the amount levied and certified by the City for the prior year.  The amount levied by the City is deemed to be consistent with the 3 ½% levy growth cap if the tax rate is not more than 103.5% of the prior year’s tax rate.  In all years when a revaluation is not being implemented, a tax rate is deemed to be 103.5% or less of the prior year’s tax rate if the tax on a parcel of real property, the value of which is unchanged for purpose of taxation, is no more than 103.5% of the prior year’s tax on the same parcel of real property.  In any year when a revaluation is being implemented, the tax rate is deemed to be 103.5% of the prior year’s tax rate upon certification by the Department of Finance for the City.

(b) The amount levied by the City may exceed the 3.5% increase only upon approval by a supermajority of four of the City Council.

(c) The amount levied by the City may exceed the percentage increase as specified in subsection (a) of this section if one of the following occurs:

(1) The City forecasts or experiences a loss in total non-property tax revenues and the loss is certified by the Director of Finance.

(2) The City experiences or anticipates an emergency situation, which causes or will cause the levy to exceed this percentage increase specified in subsection (a).   Without limiting the generality of the foregoing, an emergency shall be deemed to exist when the City experiences or anticipates health insurance costs, retirement contributions or utility expenditures which exceed the prior fiscal year’s health insurance costs, retirement contributions or utility expenditures by a percentage greater than three (3) times the percentage increase as specified in subsection (a) of this section.

(3) The City forecasts or experiences debt services expenditures which exceed the prior year’s debt service expenditures by an amount greater than the percentage increase as specified in subsection (a) of this section and which are the result of bonded debt issued in a manner consistent with general law or a special act.

(4) The City experiences substantial growth in its tax base as the result of major new construction which necessitates either significant infrastructure or school housing expenditures by the City or a significant increase in the need for essential municipal services and such increase in expenditures or demand for services is certified by the Director of Finance. (Requested By Mayor Larisa)

On motion of Councilwoman Perry, seconded by Councilman Caine, it is unanimously voted to dispense with the reading of the ordinance.

The following people are sworn in by the City Solicitor and speak on the ordinance.

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

V.   NEW BUSINESS

A.     REPORTS OF OTHER CITY OFFICIALS

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

On motion of Councilman Midgley, seconded by Councilman Caine, and on a roll-call vote, it is unanimously voted to accept the Claims Report.

  B.   RENEWAL OF ANNUAL LICENSES (By Dana L. Toy, City Clerk)

Requesting authorization be granted to renew subject licenses, excluding alcoholic beverage licenses, for year commencing December 1, 2006 upon application by licensee and subject to approval by the Chief of Police, Building Inspector, Health Inspector, and Fire Marshall.  Requesting to also be advised of any licenses to be deferred or withheld from this renewal process.

On motion of Councilman Midgley, seconded by Councilwoman Perry, and on a roll-call vote, it is unanimously voted to approve.

Unanimous Consent given to Mayor Larisa who asks for a Resolution to request that the arbitration hearing is made open to the press and the public on Thursday.  Motion is made by Councilman Midgley, seconded by Councilman Caine and is unanimously voted to approve.

C.     COUNCIL MEMBERS

“Whiteknact Garden Project” (by Mayor Larisa)

Mayor Larisa discusses RI Resource Recovery and the University of Rhode Island’s College of the Environment & Life Sciences Extension Center working in partnership with the teachers, staff, students, families, and friends of the Emma G. Whiteknact School to transform the school’s courtyard into an active learning landscape.  The garden will include a composting and recycling center, raised bed gardens, a pathway, tool shed, water garden, sundial, potted plants, and nature-themed murals. RI Resource Recovery is funding this project.  The project began in early July 2006.  Workshops on composting, recycling, and gardening will be offered to teachers, staff and families of the elementary school to equip them with the skills to sustain maintenance of this area.  Once completed, this area will serve as a model for primary and secondary schools across the State.

D.     INTRODUCTION OF ORDINANCES  (If given First Passage, can be referred to the next regular Council Meeting to be held on October 17, 2006 for a public hearing and consideration of Final Passage).

1)  The following is an ordinance ordering the assessment and collection of property tax on the ratable real estate, tangible personal property, and an excise tax on registered motor vehicles and trailers      

SECTION I.  That the City Council of the City of East Providence hereby orders the assessment and collection of a tax on ratable real estate, tangible personal property and an excise tax on registered motor vehicles and trailers in a sum not more than Seventy Nine Million Four Hundred Thousand ($79,400,000) Dollars nor less than Seventy-eight Million Three Hundred Thousand  ($78,300,000) Dollars. Said tax is for ordinary expenses, for the payment of interest and indebtedness, in whole or in part, of said city, and for other purposes authorized by law.

The Tax Assessor shall assess and apportion said tax on the inhabitants and ratable property of said city as of the 31st day of December, 2006 at twelve o'clock Eastern Standard Time, according to law, and shall on completion of said assessment, date and sign same and shall make out and certify to the City Treasurer of the City of East Providence, who is charged with the duties for the collection of taxes, on or before the 15th day of June, 2007 complete list of the names of the persons taxed and of the total value of all the real estate assessed against each person, and also the amount of registered motor vehicles and trailers assessed against each person, and also the total amount assessed against each person on said real estate, personal estate and registered motor vehicles and trailers, opposite the name of the person or persons assessed.  Upon receipt of the certified tax list by the City Treasurer, he shall proceed and collect said tax on the persons and estates liable thereof; said tax shall be due and payable on and between the 1st day of June 2007 and the 2nd day of July, 2007 and provided further that if said tangible personal property and real estate taxes are paid in full on or before the 2nd day of July, 2007, a discount of three per centum (3%) of the total taxes on said tangible personal property and real estate shall be granted, and all taxes remaining unpaid on the 2nd day of July, 2007 shall carry until collected a penalty at the rate of twelve per centum (12%) per annum from the 1st day of June, 2007 upon said unpaid tax, however, said taxes may be paid in four installments; the first installment of twenty-five per centum (25%) on or before the 2nd day of July, 2007, the second installment of twenty-five per centum (25%) on or before the 3rd day of September, 2007, the third installment of twenty-five per centum (25%) on or before the 3rd day of December, 2007 and the fourth installment of twenty-five per centum (25%) on or before the 3rd day of March, 2008.

Each installment of taxes if paid on or before the last day of each installment period successively in order shall be free from any charge of interest.

If the first installment or any succeeding installment of taxes is not paid by the last date of the respective unpaid balance period or periods as they occur, then the whole tax or remaining unpaid balance of the taxes as the case may be shall immediately become due and payable and carry until collected a penalty at the rate of twelve per centum, (12%) per annum.

The City Treasurer shall, by advertisement in the public newspaper having circulation in the City of East Providence, notify all persons assessed to pay their respective taxes at his office on and between the said 1st day of June, and the 2nd day of July, 2007 both days inclusive; said City Treasurer setting forth the hours during which his office shall remain open to receive said taxes.

SECTION II.  That any of said taxes not paid on or before the 3rd day of March, 2008 shall forthwith be collected by levy upon the sale of real estate upon which it is assessed and by that or other due process of law in case of assessment upon personal property. (Requested by:Director of Finance)

Motion by Councilman Caine, seconded by Councilman Midgley, it is unanimously voted to continue to the October 17, 2006 meeting.

2)  The following is an ordinance authorizing the Director of Finance to borrow funds in anticipation of revenue

SECTION I.  The Director of Finance is authorized to borrow during the fiscal year ending October 31, 2007 such sums of money in anticipation of the sewer use fee revenue of the year 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.  (Requested by:  Director of Finance)

Motion by Councilman Caine, seconded by Councilman Midgley, it is unanimously voted to continue to the October 17, 2006 meeting.

3)  The following is an ordinance authorizing the Director of Finance to borrow funds in anticipation of taxes

SECTION I.  The Director of Finance is authorized to borrow during the fiscal year ending October 31, 2007 such sums of money in anticipation of the property taxes of the year 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 tax anticipation notes of a prior year to the extent permitted by law.  (Requested by:Director of Finance)

Motion by Councilman Caine, seconded by Councilman Midgley, it is unanimously voted to continue to the October 17, 2006 meeting.

4)  The following is an ordinance amendment regarding sewer rates

SECTION I.  Subsection (c) of Sec. 17-183 entitled “Charges to be based upon water consumption; rate” of Chapter 17 of the ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled “Utilities”  is amended to read as follows:

(c) The water consumption portion of the sewer charge shall be at a rate of $3.05 4.00 per hundred cubic feet of water used based upon the actual quarterly or monthly meter reading of water consumption less an annual exemption of 3,500 cubic feet.  Such exemption shall be prorated quarterly or monthly for users of city water who are billed on a quarterly or monthly basis.  (Requested by:Director of Finance)

Motion by Councilman Caine, seconded by Councilman Midgley, it is unanimously voted to continue to the October 17, 2006 meeting.

There being no further business, on motion of Councilman Caine, seconded by Councilwoman Perry, the meeting adjourns at 11:25 p.m.

Attest:

______________________________

Dana L. Toy

City Clerk

Approved: October 17, 2006