CITY OF EAST PROVIDENCE   RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING Tuesday, April 20, 2010 6:45pm Executive Session 7:30 PM Regular Meeting

 

 

I.       CALL TO ORDER

7:30 PM Meeting called to order on April 20, 2010 at Council Chambers, City of East Providence, East Providence, RI.

 

II.     INVOCATION

III.    SALUTE TO THE FLAG

IV.     TO APPROVE THE CONSENT CALENDAR

All items under CONSENT CALENDAR are considered to be of a routine and noncontroversial nature by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council member so requests, in which event, the item will be removed from the CONSENT CALENDAR and will be considered in its normal sequence on the docket.

 

A.      Letters

1.       Tiverton Town Council Resolution in support of proposed legislation to authorize Rhode Island's Cities and Towns to postpone budget and financial town meetings for fiscal year 2010-2011.

2.       Smithfield School Committee Resolution opposing contract continuation.

3.       Smithfield School Committee Resolution opposing binding arbitration. 

4.       Narragansett Town Council Resolution supporting hosting the America's Cup. 

5.       Narragansett Town Council Resolution supporting establishing a "Blue Alert" Program.

6.       Narragansett Bay Commission Construction/Engineering/Operations Committee Meeting 4/14/10 at 9:30am, Personnel Committee Meeting 4/14/10 at 10:15am, Joint Long Range Planning-Finance Committee Meeting 4/14/10 at 10:30am, Monthly Board Meeting 4/14/10 at 11:00am. 

7.       Johnston Town Council requesting the General Assembly to relieve the Cities and Towns of Financial State Mandates.

B.      Abatements

Year		Amount
2009		$1,801.02
2008		$1,266.56
Total		$3,067.58

C.      Council Journals

1.       Regular Council Meeting April 6, 2010.

4.   Motion To:         Motion to return from Executive Session to Open Session and to keep the minutes of Executive Session closed.

5.   Holiday Sales

1.       Aakif Siddiq DBA Four Corners Food Mart, 327 Warren Avenue (02914)

6.   Holiday Sales - Transfer

1.       Super Dairy Farm Inc. to New Dairy Farm Corp., 2775 Pawtucket Avenue (02914)

7.   Vict/Not Over 25

1.       Aakif Siddiq DBA Four Corners Food Mart, 327 Warren Avenue (02914)

8.   Vict/Over 25 - Transfer

1.       Super Dairy Farm Inc. to New Dairy Farm Corp., 2775 Pawtucket Avenue (02914)

9.   Alcoholic Beverage Class F

1.       East Providence Heritage Days, Inc, East Providence Heritage Festival, 145 Taunton Ave (02914) at Pierce Field July 15-July 18, 2010

10.      Carnival

1.       East Providence Heritage Days, Inc, East Providence Heritage Festival, 145 Taunton Ave (02914) at Pierce Field July 15-July 18, 2010

V.      APPOINTMENTS

All Council appointments will appear on docket under the heading Appointments, listing the committee the appointment is being made to, the name and address of the candidate, and the Council member nominating the candidate.

1.   Motion To:         Traffic Control (by Councilman Cusack)

COMMENTS - Current Meeting:

Michelle Kollet, 24 Goldsmith Avenue (02914)

VI.     LICENSES (Requiring Public Hearing and Not Requiring Public Hearing)

Neighbors testifying against: 

Timothy Daniel Brown 24 Gurney Street

Dale Mergo 5 Gurney Street

Marilyn Riley 10 Gurney Street

Leroy Andrews 11 Gurney Street

Complaints revolved around parking, there is no parking on Gurney and Cole for the residents who live there.  There are so many businesses in the area using the same streets from day time business right through to nighttime sometimes well past midnight. 

The neighbors state they were told when the Portuguese Club was put there that they would only be meeting a few times a week now they rent it out every weekend and the music and crowd are both loud in and out of the building.  Police have been called there from time to time.  The neighbors feel that adding entertainment at Cattails will increase the volume and the traffic until late into the night and double what they are experiencing from the Portuguese Club. 

This is a provisional license that would begin after this Council meeting and expire in August to require employees to park across the street, the license would be limited to Friday and Saturday night and Cattail employees would be instructed about the keeping the backdoor shut as much as possible and taking care not to slam the dumpster and Cattails is to provide the neighbors with a number to reach the owner when there are issues. This probationary period has an expiration date of August 17th at midnight of it's own accord unless the Council grants a new license for a period to be determined on that night. 

1.   Motion To:         Entertainment - Motion to approve with stipulations listed below.

COMMENTS - Current Meeting:

Bruno Foods, Inc. DBA Cattails City Grille, 315 Waterman Avenue (02914)

 

Stipulations:  This is a provisional license that would begin after this Council meeting and expire in August to require employees to park across the street, the license would be limited to Friday and Saturday night and Cattail employees would be instructed about  keeping the backdoor shut as much as possible and taking care not to slam the dumpster and Cattails is to provide the neighbors with a number to reach the owner when there are issues. This probationary period has an expiration date of August 17th at midnight of it's own accord unless the Council grants a new license for a period to be determined on that night. 

VII.   PUBLIC HEARINGS

1.   Motion To:         Ordinances Final Passage - Ordinance proposing a stop sign on Richfield Avenue westbound traffic at Dover Avenue.

COMMENTS - Current Meeting:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

          CITY OF EAST PROVIDENCE

          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:

RICHFIELD AVENUE (westbound traffic) at Dover Avenue

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

Requested by:  Director of Public Works

2.   Motion To:         Community Development Block Grant

VIII.  NEW BUSINESS

A.      REPORTS OF OTHER CITY OFFICIALS

1.   Motion To:         Claims Committee Report (by City Solicitor James Briden)

COMMENTS - Current Meeting:

Pursuant to R.I.G.L. 42-46-5(a)(2), a motion is made by Councilwoman Perry and seconded by Councilman DiTraglia to convene in closed session for the purposes of discussing claims & litigation.  Upon a roll call vote:  Mayor Larisa - Aye, Councilman Coogan - Aye, Councilman Cusack - Aye, Councilman DiTraglia - Aye, Councilwoman Perry - Aye, the motion is approved 5-0. 

 

          EAST PROVIDENCE CLAIMS COMMITTEE

          CLAIMS & LITIGATION REPORT

          APRIL 20, 2010; ROOM 101; 7:00 P.M.

====================================================================

          NEW CLAIMS

 

MICHAEL S. ARMINGTON      $550.00

RM No. 10-012, Claim No. 10-012

 

Claim for personal property lost and/or destroyed by the East Providence Police Department.  See recommendation of the Chief of Police.

Motion:  Approve the claim and offer a settlement in the amount of $150.00.

 

 

SEAN R. SULLIVAN    $100,000.00

RM No. 05-270, Claim No. 10-020

 

Claim for employment discrimination, denial of civil rights and denial of rights under the ordinances of the City of East Providence.  Recommend referral to insurance carrier.

Motion:  Refer the claim to the insurance carrier.

2.   Motion To:         Approval of explanation relative to proposed Charter Amendment.  (by City Solicitor James Briden)

COMMENTS - Current Meeting:

This item will come back on the docket after wording changes. 

3.   Motion To:         Grant of Easements (by Director of Planning Jeanne Boyle)

COMMENTS - Current Meeting:

Amy F. Coughlin & Scott A. Newton, 48 Promenade Street AP 513, Block 45, Lot 2

 

Estate of Jean R Pereire, 3 Spring Street, AP 513, Block 45, Lot 14

 

David L. Brown, 53 Peck Avenue, AP 513, Block 45, Lot 15

B.      COUNCIL MEMBERS

1.   EP Budget Update (by Mayor Larisa)

2.   Police and Fire Arbitrations (by Mayor Larisa)

3.   Motion To:         School Bond Issue - Public Hearing (by Mayor Larisa)

C.      RESOLUTIONS

All resolutions will appear on docket with the name of the resolution's sponsor.

1.   Motion To:         Motion to dispense with the reading of the ordinance.

2.   Motion To:         A Resolution authorizing the submission of a grant application for the State of Rhode Island Comprehensive Economic Development Strategy.

COMMENTS - Current Meeting:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS CITY OF EAST PROVIDENCE

WHEREAS, the State of Rhode Island is preparing a Comprehensive Economic Development Strategy which includes projects eligible for grant funding through the Economic Development Administration (EDA); and

WHEREAS, the City Council of the City of East Providence desires grant assistance from the Economic Development Administration for the improvement of infrastructure and facilities that support economic development activities;

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of East Providence directs the Planning Department to submit the necessary grant application for the State of Rhode Island Comprehensive Economic Development Strategy and for consideration by the Economic Development Administration for the following project:

                            Establishment of a City Based Jobs Skills Enhanced Training Facility

D.      INTRODUCTION OF ORDINANCES

All ordinances will appear on docket with the name of the ordinance's sponsor.

1.   Motion To:         Motion to dispense with the reading of the ordinance.

2.   Motion To:         The following ordinance would approve financing for the wastewater system through revenue bonds and notes in an amount not to exceed $7,000,000.

COMMENTS - Current Meeting:

CITY OF EAST PROVIDENCE, RHODE ISLAND

ORDINANCE OF THE CITY OF EAST PROVIDENCE APPROVING

THE FINANCING OF THE CONSTRUCTION, EQUIPPING, EXTENSION, REPLACEMENT, REPAIR AND REHABILITATION OF THE CITY'S SEWER LINES, SEWAGE COLLECTION, AND SEWAGE TREATMENT SYSTEM AND ALL PRELIMINARY AND INCIDENTAL EXPENSES AND APPROVING THE ISSUANCE OF WASTEWATER SYSTEM REVENUE BONDS AND NOTES THEREFOR

IN AN AMOUNT NOT TO EXCEED $7,000,000

WHEREAS, in the interest of public health and safety, the City of East Providence ("the City") desires to make certain improvements to the City's sewer system, including the construction, equipping, extension, replacement, repair and rehabilitation of the sewer lines, sewage collection, and sewage treatment system and all preliminary and incidental expenses in connection therewith (the Project);

WHEREAS, the City desires to issue an amount not to exceed Seven Million Dollars ($7,000,000) wastewater system revenue bonds (the "Bonds") or interest bearing or discounted wastewater system revenue notes (the "Notes") in anticipation of the issue of said Bonds of the City, at one time, or from time to time for the purpose of evidencing the borrowing described above;

WHEREAS, Chapter 46-12.2 of the Rhode Island General Laws, pursuant to which the Bonds or Notes will be issued, provides that in connection with a financing transaction with the Rhode Island Clean Water Finance Agency (the "Agency") and notwithstanding any municipal charter to the contrary, all local governmental units shall have the power to issue local governmental obligations payable solely from wastewater system revenues pursuant thereto without limit as to amount, and the amount of principal and premium, if any, and interest on the obligations shall not be included in the computation of any limit on the indebtedness of the local governmental unit or on the total taxes which may be levied or assessed by the local governmental unit in any year or on any assessment, levy, or other charge made by the local governmental unit on any other political subdivision or instrumentality of the State of Rhode Island;

WHEREAS, notwithstanding the foregoing provisions of Chapter 46-12.2 of the Rhode Island General Laws, the City desires to comply with the requirements set forth in Section 4.27 of the City Charter with respect to the issuance of bonds to the extent possible;

WHEREAS, the estimated maximum cost of the Project is $7,000,000;

WHEREAS, the period of usefulness of the Project is expected to be thirty (30) years; and

WHEREAS, the net debt of the City is not affected by the issuance of the Bonds or Notes as the Bonds and Notes will not be general obligations of the City but will be payable solely from wastewater system revenues.

NOW THEREFORE, BE IT ORDAINED BY THE CITY OF EAST PROVIDENCE that:

SECTION 1.    The sum of Seven Million Dollars ($7,000,000) is appropriated for the purpose of financing the Project. 

SECTION 2.    In accordance with Chapter 46-12.2 of the Rhode Island General Laws, the Mayor and the Director of Finance are hereby authorized to borrow an amount not exceeding Seven Million Dollars ($7,000,000) from the Agency, and to evidence such loan as required by said Chapter 46-12.2, such officers are hereby authorized to issue and refund on behalf of the City the Bonds, at one time, or from time to time in order to meet the foregoing appropriation. 

SECTION 3.    The said officers from time to time may issue and refund the Notes in anticipation of the issue of said Bonds.

SECTION 4.    The Bonds and Notes shall be payable solely from wastewater system revenues.  The City may issue bonds, notes, or other obligations on a parity with these Bonds as provided in the Trust Indenture (defined below).  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 5.    Pending the issuance of the Bonds under Section 2 hereof or pending or in lieu of the issue of Notes under Section 3 hereof, the Director of Finance, at the written direction of the City Council, may expend funds from funds of the City including the General Fund for the purposes specified in Section 1 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 6.  The Mayor and the Director of Finance are also authorized, empowered and directed, on behalf of the City, to: (i) execute, acknowledge and deliver a Supplemental Trust Indenture (the "Supplemental Indenture") amending and supplementing the Trust Indenture dated October 6, 2009 by and between the City and U.S. Bank National Association (the "Trust Indenture"), and any and all other loan agreements, documents, certificates or instruments necessary to effectuate such borrowing; (ii) amend, modify or supplement the Trust Indenture, such Supplemental 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, (iv) enter into inter-municipal agreements or amend existing inter-municipal agreements with other municipalities utilizing the wastewater treatment facility and regional collection system with respect to sharing cost of the Project, and (v) do and perform all such other acts and things deemed by such officers to be necessary, desirable or advisable with respect to any matters contemplated by this Ordinance in order to effectuate said borrowing and the intent hereof.

SECTION 7.    The Mayor and the Director of Finance 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 8.    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 for certain capital expenditures for the Project paid on or after the date which is sixty (60) days prior to the date of this Ordinance, but prior to the issuance of the Bonds or Notes.  Such amounts to be reimbursed shall not exceed Seven Million Dollars ($7,000,000) and shall be reimbursed not later than eighteen (18) months after the later of (a) the date on which the expenditure is paid or (b) the date on which the Project is placed in service or abandoned but in no event later than three (3) years after the date on which the expenditure is paid.

SECTION 9.    The Mayor and the Director of Finance 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 Mayor and the Director of Finance 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 or 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.

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

3.   Motion To:         Motion to dispense with the reading of the ordinance.

4.   Motion To:         The following ordinance pertains to the Water Consumption Portion - Swere Charge.

COMMENTS - Current Meeting:

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

CITY OF EAST PROVIDENCE

AN ORDINANCE IN AMENDMENT OF CHAPTER 17 OF THE

REVISED ORDINANCES OF THE CITY OF EAST PROVIDENCE,

RHODE ISLAND, 1998, AS AMENDED, ENTITLED "UTILITIES".

THE COUNCIL OF THE CITY OF EAST PROVIDENCE HEREBY ORDAINS:

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) Effective November 1, 2009, the water consumption portion of the sewer charge shall be at a rate of $4.46 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.

Effective November 1, 2010, the rate per hundred cubic feet of water will increase to $4.90 5.35.

Effective November 1, 2011, the rate per hundred cubic feet of water will increase to $4.96 5.41.

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

E.       COMMUNICATIONS

Any person who submits a communication to the Council and wishes to speak on it must indicate this in writing by completing a "Docket Request Form"

1.   Frederick Vinhateiro, 78 Read Street (02915) requesting to address the Council regarding closure of Pawtucket Avenue form 3708-3712 on Sunday May 30th for a 14th Annual Car Show.

IX.     ADJOURNMENT

1.   Motion To:         Motion to adjourn 10:45pm.

 

Approved By Council:  June 1, 2010

 

Attest:  _______________

                   City Clerk