CITY OF EAST PROVIDENCE   RHODE ISLAND JOURNAL OF REGULAR COUNCIL MEETING Tuesday, February 2, 2010 6:45pm Executive Session 7:30 PM Regular Meeting

 

I.         CALL TO ORDER

7:30 PM Meeting called to order on February 2, 2010 at Council Chambers, City of East Providence, East Providence, RI.

II.       INVOCATION

III.      SALUTE TO THE FLAG

1.   Return to Open Session

2.   Motion To:         Return to Open Session from Executive Session and keep the Executive Session Minutes Closed.

IV.       TO APPROVE THE CONSENT CALENDAR and include keeping the Journal of the Executive Session from December 1, 2009 closed.

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.         Resolution from the Middletown Town Council opposing a Liquefied Natural Gas Facility in Mount Hope Bay due to the many potential dangers to the local economy and environment.

2.         Agenda’s from the Narragansett Bay Commission’s January 20 Construction/Engineering/Operations Committee, Personnel Committee, Finance Committee and Monthly Board Meeting of the Commission.

3.         Woonsocket City Council resolution requiring minimum beneficiary contribution to cost sharing as it relates to public employee healthcare benefits.

B.        Approval of Council Journals

1.         Journal of Regular Council Meeting, October 22, 2009

2.         Journal of Regular Council Meeting, November 3, 2009

3.         1.         Journal of Regular Council Meeting, November 3, 2009

4.         Journal of Executive Session Meeting, December 1, 2009

C.         Cancellation/Abatements

Year	Amount
2009	$2,842.33
2008	$236.88
Total	$3,079.21

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.

A.        Juvenile Hearing Board (by Councilman Coogan)

Brian Castro, 50 Grosvenor Avenue (02914)

1.   Motion To:         Motion to approve.

B.        Beautification Committee (reappointment) (by Councilman Coogan)

Hilda Andrews, 2 North Spruce Street (02914)

1.   Motion To:         Motion to approve.

C.         Beautification Committee (reappointment) (by Councilman DiTraglia)

Alan Gilmore, 177 Terrace Avenue (02915)

1.   Motion To:         Motion to approve.

D.        Beautification Committee (reappointment) (by Councilman Cusack)

Alyce (Billie) Arden, 142 King Philip Road (02914)

1.   Motion To:         Motion to approve.

E.         Beautification Committee (reappointment) (by Councilman Cusack)

Jacquelyn Bourne, 12 Marietta Street (02914)

1.   Motion To:         Motion to approve.

F.         Beautification Committee (reappointment) (by Councilman Cusack

Armando Ladeira, 33 Garfield Avenue (02916)

1.   Motion To:         Motion to approve.

G.        Beautification Committee (reappointment) (by Councilman Cusack)

Celeste Radock, 25 Bourne Avenue (02916)

1.   Motion To:         Motion to approve.

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

A.        Secondhand Autos & Trucks – Transfer to Corporation

Cordeiro Auto Sales, Inc., 815 Taunton Avneue (02914)

Robert Cordeiro, 270 Capuano Avenue, Cranston (02920)

1.   Motion To:         Motion to approve.

VII.     ORDINANCES FINAL PASSAGE – PUBLIC HEARING

A.        An ordinance authorizing a stop sign on Walmer Avenue (eastbound) at Rachella Court.

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

CITY OF EAST PROVIDENCE

CHAPTER

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:

WALMER AVENUE (eastbound traffic) at Rachella Court

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

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

2.   Motion To:         Motion to approve.

B.        An ordinance authorizing removal of a no parking sign on Baker Street (south side).

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

CITY OF EAST PROVIDENCE

CHAPTER

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. Subsection 18-307 entitled "Parking prohibited at all times." of Article X entitled "Stopping, Standing and Parking." of Chapter 18 of the Revised Ordinances of the City of East Providence, Rhode Island, 1998, as amended, entitled "Vehicles and Traffic." is amended by deleting there from the following:

Baker Street (south side), from 65 feet easterly of Broadway for 64 feet

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

Requested by: Director of Public Works

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

2.   Motion To:         Motion to approve.

VIII.   CONTINUED BUSINESS

IX.       NEW BUSINESS

A.        CITY MANAGERS REPORT

1.         Health Insurance Premium Co-Share

2.         RFQ Approval: Inspection, Assessment, and Rehabilitation of Water Pipelines

1.   Motion To:         To approve.

3.         Request for Council Approval to allow the East Providence Heritage Days, Inc. be the sole dispenser of beer and/or wine during the following festival hours:

July 15, 2010 - 6pm to 11pm

July 16, 2010 - 6pm-11pm

July 17, 2010 - 6pm-11pm

July 18, 2010 - 6pm-11pm

1.   Motion To:         To approve.

4.   The City Manager requests unanimous consent to address two topics, the fire station grant and the report on the Governor’s budget creating additional cuts for Cities and Towns.  Unanimous consent is granted.

B.        REPORTS OF OTHER CITY OFFICIALS

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

Pursuant to R.I.G.L. ? 42-46-5(a)(2), a motion is made by Councilman DiTraglia and seconded by Councilwoman Perry to convene in closed session for the purposes of discussing claims & litigation. 

 

          EAST PROVIDENCE CLAIMS COMMITTEE

          CLAIMS & LITIGATION REPORT

          FEBRUARY 2, 2010; ROOM 101; 7:00 P.M.

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

          NEW CLAIMS

 

Councilman Coogan arrives at the meeting.

 

ALLSTATE INSURANCE COMPANY    $6336.20

(INSURED: ANTONIO CABRAL)

RM No. 09-099, Claim No. 10-004

 

Claim for property damage to insured?s parked vehicle struck by a City snow plow.  Recommend referral to insurance carrier.

 

Motion:  Refer the claim to the insurance carrier.

 

 

WILLIAM L. DRAPEAU $293.17

RM No. 10-001, Claim No. 10-002

 

Claim for reimbursement of expenses incurred for property damage to vehicle that struck a storm drain at Hoyt Avenue and Greenwood Avenue.  See recommendation of the Director of Public Works.

 

Motion:  Defer the claim to the next meeting.

1.   Motion To:         To approve.

C.         COUNCIL MEMBERS

1.         State of the City Address – February 16, 2010 (by Mayor Larisa)

D.        RESOLUTIONS

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

1.         STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

WHEREAS, the City of East Providence would like to amend the state law requirements enumerated in R.I.G.L.  17-14-7 entitled Number of signers required for nomination papers which allows a candidate to be placed on the ballot in any ward election with a minimum of 50 registered voter signatures and a candidate to be placed on a ballot in any city-wide election with a minimum of 200 signatures; and

WHEREAS, the City of East Providence supports the state law which provides that a voter may sign more than one candidates nomination papers as permitted pursuant to R.I.G.L. ? 17-14-9 entitled Number of papers signed by same voter; and

WHEREAS, in order to accomplish said objectives, the City of East Providence supports the amendment of R.I.G.L. 17-1-5 entitled Effect of special statutes in the form attached hereto so as to have R.I.G.L.  17-14-7 entitled Number of signers required for nomination papers, R.I.G.L.  17-14-9 entitled Number of papers signed by same voter, preempt any special state statute or City Charter provision or ordinance inconsistent therewith.

NOW, THEREFORE, BE IT RESOLVED that the East Providence City Council respectfully requests its delegation and the Rhode Island General Assembly to amend R.I.G.L.  17-1-5 entitled Effect of special statutes as described herein.

1.   Motion To:         To approve with change to first line take out “would like” and add in it’ s place “request”.

E.         INTRODUCTION OF ORDINANCES

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

1.         STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

WHEREAS, in the interest of public health and safety, the City of East Providence (the City) desires to make certain additional improvements to the Citys water system, which improvement together with all attendant expenses including but not limited to engineering costs in connection therewith are hereinafter referred to as, the Project;

WHEREAS, the Rhode Island Clean Water Finance Agency (the Agency) is offering a program (the ARRA Program) through which funds it will receive through the Federal Economic Stimulus Act, Public Law 111-5, known as the American Recovery and Reinvestment Act of 2009 will be loaned to eligible borrowers for the purpose of financing high priority infrastructure projects needed to ensure clean water in the State of Rhode Island;

WHEREAS, a portion of the principal of all projects funded under the ARRA Program will be forgiven;

WHEREAS, the City desires to participate in the ARRA Program by borrowing an amount not to exceed Six Hundred Thousand Dollars ($600,000) from the Agency in accordance with Title VI of the Federal Clean Water Act and Title 46-12.8 of the Rhode Island General Laws, for the purpose of financing the Project;

WHEREAS, the City desires to issue an amount not to exceed Six Hundred Thousand Dollars ($600,000) water system revenue bonds (the Bonds) or interest bearing or discounted water 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 46-12.8 of the Rhode Island General Laws, pursuant to which the Bonds or Notes will be issued, provides that notwithstanding any municipal charter to the contrary, all local governmental units shall have the power to issue local governmental obligations payable solely from drinking water 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 46-12.8 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 $600,000;

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 drinking water system revenues.

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

SECTION 1.The sum of Six Hundred Thousand Dollars ($600,000) is appropriated for the purpose of financing the Project.

SECTION 2.In accordance with Chapter 46-12.8 of the Rhode Island General Laws, the Mayor and the Director of Finance are hereby authorized to borrow an amount not exceeding Six Hundred Thousand Dollars ($600,000) from the Agency, and to evidence such loan, 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 drinking water 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 Indenture (the ?Supplemental Indenture) amending and supplementing the Trust Indenture dated April 1, 2004 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, and (iv) 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 Citys 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 Six Hundred Thousand Dollars ($600,000) 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.

SECTION 10.  This ordinance shall take effect upon its second passage and all ordinances or parts of ordinances inconsistent herewith are hereby repealed.

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

2.   Motion To:         Motion to approve.

F.         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.         Christine Rossi, 29 Woodbine Street (02915) requesting to address the Council regarding the new janitor company 2 out of 16, live streams of Council meetings, legal fees spent on School Committee side $850,000 plus and EP Charter regarding advertising and recruiting.

X.        ADJOURNMENT

1.   Motion To:         Motion to Adjourn

 

Approved by Council:  March 2, 2010

 

Attest: _______________

                 City Clerk